LAND TITLES AND DEEDS by Gregorio G. Bilog, Jr.
Book 1 REGISTRATION OF LANDS
INTRODUCTION Land Registration – is a judicial or administrative proceeding whereby a person's claim of ownership over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. Purposes
1. To issue a certif certificate icate of title title to the the owner which which shall shall be the best best evidence evidence of his ownership of the land described therein; 2. To give every registered registered owner complet completee peace of mind; mind; 3. To relie relieve ve the the land land of unkno unknown wn claim claims; s; 4. To quiet title title to land land and to stop stop forever forever any questi question on as to to its legality; legality; 5. To avoid conflict conflictss of title title in and to real real estate, estate, and to faciltat faciltatee transaction transactionss 6. To guarantee guarantee the integrity integrity of land land titles and to to protect their their indefeasi indefeasibilit bility y once the claim of wonership is established and reconized. Torrens System of land registration was introduced in the Torrens System – the Torrens Philippines by Act. No. 496, which took effect effect on February 1, 1903. This law was amended and superseded by Presidential Decree No. 1529, which took effect on June 11, 11, 1978, otherwise known as the “Property “Property Registration Decree.” This is the principal law now governing land registration in the Philippines. The originator of the system was Sir Richard Torrens, Torrens, reformer of Australian Land Laws. for land registration Judicial Land Registration – is a proceeding where the application for
is filed in the proper court. Two Kinds of Judicial Land Registration
1. Ordinary land registration proceeding – where the application for land registration is initiated and filed in court by the owner or person claiming ownership of the land; and, 2. Cadastral land registration proceeding – where it is the government undertakes the survey of the land and files the petition in court for the registration of the whole or part of the lands in a municipality, municipality, city or province, and where all persons are given notice by publication and required to make known and prove their claims of ownership or interest over the same, otherwise, the lots lots will be declared public land. In this sense, a cadastral proceeding is in the nature of a large scale compulsory proceeding. The court, after hearing, shall render judgment confirming the title of the applicant and ordering: (a) the Land Registration Authority to issue issue the decree of registration; registration; and, (b) for the Register of Deeds to issue the corresponding corresponding Original Certificate of Title to the applicant or adjudged owner. Administrative Land Registration – is a proceeding where the application for a Free Patent, Homestead Patent, Sales Patent, or other grant of pub lic land is filed in, and determined by, the Department of Environment and Natural Resources (DENR).
If the application is granted, the DENR issues a patent for the land applied for. for. Such patent shall be registered in the office of Register of De eds who shall then issue the corresponding certificate of title. Torrens Certificate of Title – is the evidence of ownership issued by the Register of Deeds to the owner of a particular land which is registered under the Torrens system of registration.
A certificate of title may be an Original Certificate of Title or a Transfer of Certificate of Title. Original Certificate of Title – is the first title issued in the name of a registered owner by the Register of Deeds covering a parcel of land which had been registered under the Torrens System, by virtue of judicial jud icial or administrative proceeding. Transfer of Certificate of Title – is the title issued by the Register of Deeds in favor of a transferee to whom the ownership of the registered land has been transferred by virtue of
a sale or other modes of conveyance. Laws Implementing Land Registration
1. Property Property Regist Registratio ration n Decree Decree (PD (PD No. 1529, as amended) amended) 2. Cadastr Cadastral al Act (Act (Act 2259, 2259, as amende amended) d) 3. Public Public Land Land Act (Com (Com.. Act. Act. 141, 141, as amende amended) d) 4. Pres Presid ident entia iall Decre Decreee No. 27 27 5. Comprehensiv Comprehensivee Agrari Agrarian an Reform Reform Law of of 1988 (R.A. (R.A. No. No. 6657, as as amended) amended) Agencies Implementing Land Registration and Land Reform
1. Departm Department ent of Enviro Environme nment nt and Natural Natural Resour Resources ces 2. Department Department of Justice Justice – Land Registra Registration tion Authority Authority (LRA) (LRA) and it registrie registriess of deeds 3. Depar Departm tmen entt of Land Land Ref Refor orm m 4. Depar Departm tmen entt of Agri Agricu cult ltur uree Regalian Doctrine (or jura regalia) – is a time-honored Constitutional precept that all lands of the public domain belong to the State, and that the State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony. Imperium – the government authority possessed by the State in the concept of sovereignty. Dominium – the government's capacity to own or acquire property.
The 1935, 1973, and 1987 Constitution of the Philippines adopted the universal feudal theory that all lands belong to the crown, ownership, however, being vested in the State, as such, rather than the head thereof. Art. XII, Sec. 2 of the 1987 Constitution of the Philippines states that all lands of the public domain and other natural resources are owned by the State; and that with the exception of agricultural lands,all other natural resources shall not be alienated. The theory of jura regalia was nothing more than a natural fruit of conquest. The regalian theory does not negate native title to lands held in private ownership since time immemorial. (Cruz vs Secretary of Environment and Natura l resources, 347 SCRA 128)
SEVEN (7) STEPS IN JUDICIAL LAND REGISTRATION 1. Application for land registration shall be filed in court by the applicant; 2. Publication of the notice of the initial hearing of said publication; 3. Opposition to said application shall be filed by any person who claims the land or interest therein; 4. Hearing of said application and presentation of evidence in court; 5. Judgment shall be rendered by the court; 6. Decree of Registration for the land shall be issued by the LRA Administrator; and 7. Original Certificate of Title for the land shall be issued by the LRA Administrator which shall then be entered by the Register of Deeds in his record book. The owners duplicate of said certificate certificate of title shall shall be given to the registered owner thereof.
STEP 1: APPLICATION APPLICATION FOR LAND REGISTRATION IN COURT COURT A. Who May Apply for Land Land Registration Applicant must be the owner
Rights included in ownership: ◦ Jus possidendi (right to posses) ◦ jus utendi (right to use and enjoy) ◦ jus fruendi (right to the fruits) ◦ jus accessionis (right to accessories) ◦ jus abutenti (right to consume) ◦ jus disponendi (right to dispose or alienate), and ◦ jus vindicandi (right to vindicate or recover)
How to Acquire Ownership of Land
1. By posse possess ssion ion of land land since since time time immem immemori orial; al; 2. By poss possess ession ion of of alien alienabl ablee public public land; land; 3. By sale sale,, dona donati tion on and and other modes of acquiring ownership :
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by law (Civil Code, Art. 712) – e.g. public grants; title to accretion in river banks under Art. 457, Civil Code); title by escheat under the Rules of Court, Rule 91
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by donation
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by testate and intestae succession
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in consequence of certain contracts, by tradition - e.g. ownership is transferred by delivery
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by prescription
B. Where to File the Application
1. In the RTC – it has the exclusive jurisdiction over all applications for original registration of title of lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications and petitions. 2. In the MTC and MCTC (if authorized by the Supreme Court) – to hear and determine cadastral or land registration cases. C. Contents of the Application; Annexes
1. Name Name of of app appli lican cant, t, etc. etc. 2. Descr Descrip ipti tion on of the the lan land d 3. Verificati erification on – the application application shall be signed signed by the applicant applicant or the person person duly authorized in his behalf, and sworn to before any officer authorized 4. Application Application covering covering tow tow or more parcels parcels of of land may be included included provided provided they are situated in the same province or city 5. Annex Annexis is to to the the appli applica cati tion on:: • • • •
Survey plan of the land technical descriptions Certificate of the Geodetic Engineer Certificate regarding the last assessment for taxation of the property
D. Dealings with the Land, Pending registration
After the filing of the application and before the issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or in part.
STEP 2: PUBLICATION PUBLICATION OF THE NOTICE OF THE THE INITIAL HEARING OF SAID APPLICATION APPLICATION A. Notice of the Initial Hearing
1. Publication of the Notice of Initial Hearing must be published in the Official Gazette; and in a newspaper of general circulation in the Philippine s; 2. Mailing of Notice of Initial Hearing – to persons persons named in in the application. application. The Administrator of the LRA shall also, within seven days after publication, cause a copy of the notice to be mailed to: • • •
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every person named in the notice whose address is known; government officials concerned; the Secretary of Agrarian Reform, the Solicitor General, the Director Director of Lands, etc. other persons as directed by the court;
3. Posting of Notice of Initial Hearing – caused by the Administrator Administrator of LRA to be posted by the sheriff of the province or city in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated;
STEP 3: OPPOSITION TO SAID APPLICATION APPLICATION A. Opposition: Who May File
Any person claiming the land or adverse a dverse interest therein, whether named in the notice or not, may appear and file an opposition to the application for land registration on o r before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state all the objections to the application, the interest claimed by the party filing the same, and apply for the remedy desired; it shall be signed and sworn to by the oppositor or by some other duly authorized person. Case Notes •
Basis of Opposition – the opposition to the application for land registration should be based on a right of dominion or some other real right independent of, and not at all subordinate to the rights of, the government.
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Motion for intervention not allowed
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Failure of government to oppose – the government cannot be estopped from questioning the validity of the certificates of title title which were granted without opposition from the the government. The principle of estoppel does not operate against the government for the act ac t of its agents.
STEP 4: HEARING OF SAID APPLICATION APPLICATION AND PRESENTATION PRESENTATION OF EVIDENCE IN COURT A. Rules of Court
The Rules of Court shall, insofar as not inconsistent with the provisions of Presidential Decree No. 1529, be applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem, and shall be based on the generally accepted principles underlying the Torrens system. B. Evidence 1. To prove: prove: that the Notice of Initial Initial Hearing of the the applicatio application n has been published, mailed, and posted as required by Law
2. To prove that the applicant is the owner : (a) by virtue of possession of private land (b) by virtue of possession possession of public land – the general rule is that public land land cannot be acquired by prescription because there can be no prescription against the State Case Notes: •
Possession of lands of public domain must be from June 12, 1945 or earlier, for the same to be acquired through judicial confirmation of imperfect title.
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Possession of the applicant for land application for land registration must be under bonafide claim of ownership, which presupposes colorable title or acquisition of land through some state grant.
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Public land becomes private land – open, exclusive and undisputed possession of alienable public land by a citizen of the Republic of the Philippines for the period prescribed by law creates the legal fiction whereby the land, upon completion of the requisite period ipso jure and
without the need of judicial or other sanction, ceases to be public land and becomes private property. property. Petitioners are “deemed to to have acquired , by operation of law, a right to a grant, a government grant, without the necessity of a certificate certificate of title being issued.” issued.” The land is “segregated from public land.” •
Filipino Corporations: can acquire private lands – if the land was already private at the time the corporation bought it from the seller, then the prohibition in the Constitution against corporations holding alienable lands of the public domain, except by lease, does not apply. apply. Title and ownership over lands within the meaning of the Constitutional prohibition dates back to the time of their purchase, not later. later.
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A parcel of land acquired by a corporation from a private individual should be deemed applied for by such private person for registration purposes.
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For accretion or alluvion to form part of registered land or riparian owner, the gradual alluvial deposits made by human intervention are excluded.
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The Government may declare the accretion ac cretion property of the adjoining owner only when it is no longer washed by the waters of the sea and when it is no longer necessary for public use.
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The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, wa ters, nor lose those inundated by them in extraordinary floods.
3. To Prove Prove:: the identity identity of the land
(a) identity of land: survey plan and technical description description (b) identity of land: by area (c) original tracing cloth plan: mandatory evidence •
Spanish titles are no longer admissible as evidence of ownership
4. To prove: prove: that that the land is “Alienable” “Alienable” and and “Disposable” “Disposable” •
The prerogative of classifying lands of the public d omain belongs to the Executive Branch of the government.
Classification of lands of Public domain (1987 Constitution, Art. XII, Sec. 3)
(1) forest or timber
(2) mineral lands (3) national parks (4) agricultural •
With the exception of agricultural land, lands of the public domain shall not be alienated.
Case Notes •
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All lands not appearing to be clearly within private ownership are presumed to belong to the State. Title to inalienable lands: void
STEP 5: 5: JUDGMENT SHALL BE RENDERED BY THE COURT A. Judgment 1. Judgm Judgment ent confi confirm rming ing title title Partial judgment allowed – in a land registration proceeding where only a portion of the land subject of registration is contested, the court may render partial judgment provided that the subdivision plan showing the contested and uncontested portions approved by the Director of Land s is previously submitted to said court. Conditional judgments – judgments which are subject to the performance of a condition precedent, are not final until the condition is performed.
2. When judgment becomes final – judgment rendered in a land registration proceeding becomes final upon the expiration of fifteen (15) days to be counted from the date of the judgment. •
Judgment binds the whole world.
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Judgment is under the principle of res judicata: ◦ former judgment must be final ◦ the court which rendered judgment must have jurisdiction ◦ it must be a judgment of the merits, and ◦ there must be between the first and second actions identity of parties, subject matter, and cause of action
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judicata, the Court and the parties, are bound by Under the principle of res of res judicata, such final decision, otherwise there will be no end to litigation.
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Adjudication of land to non-claimant is prohibited.
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Title issued pending appeal, void.
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A judgment dismissing dismissing an application for land registration does not operate as conclusive adjudication (res judicata) between the applicant and the opponent who has successfully resisted the application.
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A void judgment has no legal or binding effect effect for any purpose. It is a nullity, nullity, and leaves the parties litigants in the same position they were in before the trial.
STEP 6: 6: DECREE OF REGISTRATION REGISTRATION FOR THE LAND SHALL BE ISSUED BY THE LRA L RA ADMINISTRATOR After judgment of the land registration court has be come final and executory, it shall devolve upon the court to forthwith issue an order to the Administrator of LRA for the issuance of the decree of registration and the corresponding certificate of title in the name of the person adjudged entitled to registration. The decree of registration shall bear the date, hour and minute of its entry, entry, and shall be signed by the Administrator of LRA. It shall state whether the owner id id married or unmarried, and if married, the name of husband or wife: provided however that if the land adjudicated by the court is conjugal property, property, the decree shall be issued in the name of both spouses. Upon finality of judgment in the land registration cases, the winning party does not file a motion for execution as in ordinary ordinary civil actions. Instead, he files a petition with the LRA to issue a decree of registration, a copy of which is then sent to the Register of Deeds for transcription in the registration book, and issuance of original certificate of title.
STEP 7: ORIGINAL CERTIFICA CERTIFICATE TE OF TITLE FOR THE LAND SHALL BE ISSUED ISSU ED BY THE LRA ADMINISTRATOR, WHICH SHALL BE THEN ENTERED BY THE REGISTER OF DEEDS IN HIS RECORD BOOK. THE OWNERS DUPLICATE OF SAID CERTIFICATE OF TITLE SHALL BE GIVEN TO THE REGISTERED OWNER THEREOF A writ of possession may be issued in favor of the successful applicant or adjudged owner. It is not only against the person who has been defeated defeated in the registration case but also against anyone adversely occupying the land or any portion thereof during the proceeding up to the issuance of the decree.
A writ writ of demolition must, likewise, issue, specially considering that the latter writ is but a complement of the former.
Book 2 REGISTRATION OF DOCUMENTS INVOLVING INVOLVING LANDS LAN DS
Part 1 DOCUMENTS DEALING WITH “TITLED LANDS”
A. PRELIMINARY 1. Defi Defini niti tion on of of T Ter erms ms Titled land – refers to land which has been registered under the Torrens Torrens system and for which a Torrens title issued in the name of registered owner thereof.
system, Untitled land – refers to land which has not been registered under the Torrens system, hence, not covered by a Torrens title. 2. Funct Function ionss of Reg Regist ister er of Deed Deedss
The office of the Register of Deeds constitutes a pub lic repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated. 3. Mini Minist ster eria iall Duty Duty
The function of the Register of Deeds Deed s with reference to the registration of deeds, encumbrances, instruments and the like is ministerial in nature.