C I V I L L A W ( L A N D T I T L E S )MEMORY AIDATENEO CENTRAL BAR OPERATIONS 2001

CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLESLAND TITLE – evidence of right of owner or extent of his interest, by which means he canmaintain control and as a rule assert right to exclusive possession and enjoyment ofpropertyDEED – instrument in writing which any real estate or interest therein is created,alienated, mortgaged or assigned or by which title to any real estate may be affected inlaw or equity1. Grantor2. Grantee3.Words of grant4.Description of property5.Signature of grantor6. WitnessesTYPES OF ESTATES:1.FREEHOLD ESTATE – indicates title of ownershipa.Fee simple – absolute title; conferred without limitation, qualification or restrictionb.Fee tail – pass title to grantee & his heirsc.Life state – held for duration of life of grantee2.LESS THAN FREEHOLD ESTATE – a right short of titlea.Estate for years – lease for a period agreed upon, lessor retains ownership of landb.Tenancy from period to period – lease running from month to month or year to year with automatic renewalc.Tenancy at will – person is permitted to occupy land of another without stipulation as to period3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES:1.Production & delivery of deed by grantor to grantee without registration2.Deed of conveyance is recorded to bind 3rd persons3.Registration of titleREGISTRATION – guarantees the titleRECORDING – does not guarantee the title; need to examine other docsPURPOSE OF REGISTRATION:1.Serve as constructive notice2.Prevent fraudulent claims3.Protect interest of strangers to transactionMODES OF ACQUIRING LAND TITLES:1.Title by public grant – conveyance of public land by government to a private individual2. Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property3.Title by accretion – alluvion4.Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto; government5.Title by voluntary transfer – private grant; voluntary execution of deed of conveyance6.Title by involuntary alienation – no consent from owner of land; forcible acquisition by state7.Title by descent or devise – hereditary succession to the estate of deceased owner.8.Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers; not transferable except by hereditary succession

Chapter 2:TORRENS SYSTEM – ORIGIN, NATURE & GENERALCHARACTERISTICSADVANTAGES:1.Abolishes endless fees2.Eliminates repeated examination of titles3.Reduces records enormously4.Instantly reveals ownership

5.Protects against encumbrances not noted on the Torrens certificate6.Makes fraud almost impossible7. It assures8.Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees9.Eliminates tax titles10. Gives eternal title as state ensures perpetuity11. Furnishes state title insurance rather than private title insurance12.Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days

PURPOSE OF TORRENS LAW: quiet title to land – once registered, owner might rest securePERSONS BOUND WHEN TITLE NOT REGISTERED1. Grantor2.Heirs & devisees3.Persons with actual notice

PROCEDURE IN LAND REGISTRATION CASE:1.Survey of land by Bureau of lands or duly licensed private surveyor2.Filing of application for registration by applicant3.Setting of date of initial hearing of application by RTC4.Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & other pertinent docs5.Publication of notice of filing of application, date & place of hearing – in OG and in newspaper of general circulation6.Service of notice – contiguous owners, occupants & those who have interest in property7.Filing of answer or opposition to application8.Hearing of case by RTC9.Promulgation of judgment by court10.Issuance of decree by RTC – decision; Instruct land registration authority to issue decree of confirmation & registration11. Entry of decree of registration in Land Titles Administration12. Send copy of decree to Register of Deeds13.Transcription of decree of registration in registration book & issuance of theowner’s duplicate original certificate of title of the applicant by the Landregistration Authority- upon payment of prescribed fee

CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGSWHO MAY APPLY:1.Those in open, continuous, exclusive, notorious possession of patrimonial property of state under  bona fide claim of ownership since June 12, 1945 or earlier2.Those who acquired ownership of private land by prescription3.Those who acquired ownership of private lands by right of accretion4.Those who acquired ownership in any manner provided for by lawLIMITATION TO OWNERSHIP OF LAND BY CORPORATION:1. PRIVATE LANDSa.At least 60% Filipino to acquire private landb.Restricted as to extent reasonably necessary to enable it to carry out purpose which it was createdc.If engaged in agricultural – restricted to 1,024 ha.

2.PATRIMONIAL PROPERTY OF STATEa.Lease for 25 years renewableb.Limited to 1,000 ha.c.Apply to both Filipinos & foreign cos.

FORM & CONTENTS OF APPLICATION1.In writing & signed by applicant or person duly authorized2.Description of land3. Citizenship

4. Civil status5.Full names & address of occupants & adjoining owners

WHAT TO ACCOMPANY APPLICATION:1.Tracing cloth plan duly approved by the Director of Lands2.3 copies of technical descriptions3.3 copies of surveyor’s certificate4.All original muniments of title5.4 copies of certificate by city/provincial treasurer of assessed value of landAMENDMENTS ALLOWED & NOT ALLOWED1.Substantial change in boundaries or increase in area - new technical description necessary – need new publication & notice2.Substitution of name of new owner – file motion with court3.Decrease the area – file motion in courtMUNIMENT OF TITLE – instruments or written evidences which applicant hold or posses toenable him to substantiate & prove title to his estateTRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:1.Record instrument in Register of Deeds in same manner as if no application was made2.Present instrument to RTC, motion praying that same be considered in relation to the pending applicationTRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:• Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT.

CHAPTER 4: PUBLICATION, ANSWER & DEFAULTNOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY – 14 days before hearingHEARING–within 7 days after publication in OG–25 – 90 days from date of orderTO WHOM NOTICE MUST BE SENT:1.City/municipal mayor & provincial governor2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries, Director of Mines3.Adjoining owners & those who have rights or interest theretoREQUISITES OF OPPOSITION:1.Set forth objections to the application2.State interest claimed by oppositorGENERAL DEFAULT•If no person appears and answers within time prescribedSPECIAL DEFAULT•Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to do so within period allowed

CHAPTER 5: HEARING & DECREEWHO CONDUCTS HEARING:1. RTC2.Refer to referee – commissionerPROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIALCONFIRMATION OFIMPERFECT TITLE UNDER THEPUBLIC LAND ACT•There exist a title to be confirmed•Land applied for belongs to the state•Court may dismiss without prejudice to file new application•Dismiss with prejudice•Risk to have application denied without losing land•Risk involves loss of land

CHAPTER 6: JUDGMENT & DECREEDECREE – issued by land registration authority containing technical description of land;

issued after finality of judgment1.Decrees dismissing application2.Decrees of confirmation and registration

•Final after 1 year after decree•Unless there in innocent purchaser for value•Subject only to appeal•Once final, cannot be subject to attack, deemed conclusive against the world

3.Put end to litigation4.Purpose of Torrens system is protected

•Amendment after 1 year is allowed – creation or extinguishment of new rights; inclusion of new owners not allowed

JUDGMENT – decision of court constituting its opinion after taking into consideration the evidence submittedWRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant; no Prescription.1. Against loser2. Against anyone unlawfully & adversely occupyingWHEN WRIT MAY NOT ISSUE:•Person entered into property after decree- non claimant; had been there for 10 yearsMEANS TO RECOVER POSSESSION:1. Forcible entry2. Unlawful detainer3. Accion publiciana4. Accion reindivicatoriaRES JUDICATA:1.Former judgment must be final2.Rendered by court having jurisdiction over subject matter & parties3.Judgment on merits4.Identity of parties, subject matter and causes of action

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:1.MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment

a.Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guardedb.Newly discovered evidence which could not be discovered & produced at trialc.Evidence insufficient to justify decision, decision is against the law

2.APPEAL – must be brought 15 days from notice of judgment3.REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court; became non-party due to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to deceive; will no longerprosper if already transferred to innocent purchaser for value

a.Plaintiff is owner of land registered in name of defendantb.Registration procured through actual fraudc.Property has not issued to innocent purchaser for valued.Action is filed within 1 year after issuance of decree of registration

4.RELIEF FROM JUDGMENT – 60 days – 6 months after entry of order; available to party to case, FAME; after judgment; person deprived of right is party to case5.RECONVEYANCE – action in personam; available so long as property not passed yet to innocent purchaser for value; bad faith or with notice of defect6.RECOVERY FOR DAMAGES

a.Person is wrongfully deprived of his land by registration in name of another – actual or constructive fraud

b.No negligence on his partc.Barred/ precluded from bringing an actiond.Action for compensation has not prescribed

CHAPTER 7: CERTIFICATE OF TITLETORRENS TITLE – certificate of ownership issued under the Torrens System of registrationby the government through road naming & declaring owner in fee simple of property

described therein free from all liens except those expressly noted.PROCESS:1.Within 15 days from finality of order of judgment directing registration of title –court to order Land registration Admin to issue decree of registration andcertificate of title2.Clerk of court will send order of court & copies of judgment3.Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator, entered & file decree of registration in LRA4.Send to Register of Deeds – original & duplicate of title & certificate for entry in his registration book5.Enter in record book, dated, signed, numbered & sealed – take effect upon date of entry6.Register of Deeds to send notice to registered owner ready for delivery after payment of fees7.Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued8.Original copy to be filed in Register of Deeds; bound in consecutive order

ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES:1.Splitting or consolidation – ordinary – Register of Deeds level, no court involved2.Subdivision plan – approval of NHA, final approval of LRA, then Register ofDeeds to issue memorandum that streets not to be disposed except by way ofdonation to govt. shall be effected without approval of NHAANNOTATIONS AT BACK OF CERTIFICATE – need court order; otherwise null & void

CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LANDOPERATIVE ACT – registration by owner; deed not registered – binding only between partiesPROCESS OF REGISTRATION:1.File instrument creating or transferring interest and certificate of title with Register of Deedsa. Owner’s duplicateb.Payment of fees & documentary stamp taxc.Evidence of full payment of real estate taxd.Document of transfer – 1 copy additional for city/provincial assessor2.Register of Deeds shall make a memorandum on the certificate of title, signed by him3. Issue TCT

VOLUNTARY DEALINGS•Need to present title – to record the deed in registry & to make memorandum on titleINVOLUNTARY DEALINGS•No presentation required; sufficient that annotation in entry book is sufficientFORMAL REQUISITES OF A DEED1. Full name2. Nationality3.Place of residence4.Postal address of grantee or other persons acquiring or claiming interest5. Civil status6.Whether or not corporation1.Register of Deeds to keep an entry book – day book2.Enter in order of reception all deeds & voluntary instruments, write &processes re land -Year, month, day, time, minute of reception of instrument;Registered from time of entry3.Fees of 5 bucks per document to be paid within 15 days4.Note memorandum & sign & issuance of certificate5.Documents are numbered & indexed & indorsed with reference to certificate of title– public records6.Subject to reasonable regulation•Cost borne by vendor

CHAPTER 9: REAL ESTATE MORTGAGEREAL ESTATE MORTGAGE – real property/real rights secures fulfillment of an obligationKINDS:1.Conventional – agreed upon by parties2.Legal – Created by operation of law3.Judicial – results from a judgment

4.Equitable – pacto de retro in form but mortgage in essenceESSENTIAL REQUISITES:1.Constituted to secure fulfillment of principal obligation2.Mortgagor be absolute owner of thing mortgaged3.Person constituting mortgage has free disposal of propertySPECIAL CHARACTERISTICS:1.Subject matter is realty2.Real right – attaches to property wherever it is & whoever holds it3.Accessory – presupposes existence of valid principal obligation; cannot stand alone4.Indivisibility – even if debt is divisible; mortgage is not5.Inseparability – mortgage lien is inseparable from property6.Retention of possession - mortgagor retains possession

PACTO DE RETRO – EQUITABLE MORTGAGE1.Price of sale with right to repurchase is usually inadequate2.Vendor remains in possession as lessee or otherwise3.Upon or after expiration of right to repurchase, another instrument extending period /granting new period is executed4.Purchaser retains a part of the purchase price5.Vendor binds himself to pay taxes on thing sold6.Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation

Real Mortgage:-Subject matter is real property-Public document only-Right of redemption for 1 year-Deficiency can be recovered

Chattel Mortgage:-Subject matter is movable-May be in private document provided there is affidavit of ggod faith-No right of redemption-Deficiency cannot be recovered

EXECUTION & REGISTRATION1.Execution of deed in a form sufficient in law (public instrument)2.Registration with Register of Deeds where the land lies & take effect upon registrationa.Present deed of mortgage together with owner’s duplicateb.Payment of feesc.Register of Deeds shall enter upon original certificate of title & uponduplicate a memorandum – date, time of filing, signature, file numberassigned to deedd.Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration book in which it was registered.3.No duplicate need be issued

SUBJECT MATTER•Real property plus all its accessions unless contrary is stipulated•Future property – without legal effect•Future improvements – deemed included•Fruits & rents of mortgaged property deemed included•Continuing credit secured by mortgage valid

FORMS:1.Private document – void & inexistent2.Public instrument but not recorded – binding between parties but not 3rd persons without notice3.Public document & registered – valid & binding to 3rd parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE:Ye s•If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner:

1.Stating that mortgage has been registered2.Requesting that owner’s duplicate be produced so that memorandum be made thereof

•Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order requiring owner to produce certificate

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY1.May be further alienated – stipulation to contrary is void

• Assignment must also be registered since registration is operative act to affect land• If not recorded – valid as to parties but not to 3rd parties, right not protected against somebody who registers & procures better right

2.May be further mortgaged – stipulation to contrary is void• No need to secure permission of mortgagee• Understood unless prohibited in contract

3.Pactum commisorium – not alloweda.Property is mortgagedb.There is stipulation for automatic appropriation

4. Discharge• Execute public document canceling or releasing mortgaged in form prescribed by law• Present instrument with Register of Deeds where land lies together with owner’s duplicate for

registration•Memorandum of cancellation is annotated on duplicate & original

WHEN MORTGAGOR DIES1.Abandon security & prosecute his claim by sharing in general distribution of assets of the estate2.Foreclose mortgage by making executor party defendant3.Foreclose it in due time

PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgageeACTION TO FORECLOSE: Prescribes in 10 years (written contract)VENUE: Per stipulation or in absence thereof, where the property liesFORECLOSUREJUDICIALa.Mortgagee to petition in court for foreclosureb.Court to render order for debtor to pay sum due within 90 days and if not paid from date of service, property be sold at public auctionc.Notice & Publicationd.Public auction: sale to highest biddere.Sheriff to issue certificate confirming judicial foreclosuref.File with Register of Deeds final decree of court confirming saleg.Memo entered in certificate of titleh.If right of redemption exist, certificate of title of mortgagor not to becancelled but memorandum shall be

entered upon the certificateduplicate & originali.After expiry of 1 year redemption period & no redemption, title is consolidated to new ownerj.Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deedk.If there is redemption, memorandum to be annotated on certificate of title

2. EXTRA-JUDICIAL•Allowed only if stipulation between party authorizes extra-judicial foreclosure•Cannot be made legally outside of city where land lies•Publication required: post notices for 20 days in 3 public places whereproperty lies & if property is more than P400.00, publication must be for3 consecutive weeks in news paper of general circulation•If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00•Registration of sale in Register of Deeds:

a.Deed of sale must be supported by certificate of sheriff that saidsale was conducted accordingly stating the date, time, place ofsale, names of creditor & debtor, description of property, name ofhighest bidder, selling priceb.Present in Register of Deeds where land liesc.Memorandum on back of certificate is maded. After expiration of 1 year of redemption period – title isconsolidated if no redemption exercised: purchaser to file withRegister of Deeds the deed of sale & sworn statement attestingto fact that there is no redemptione.New certificate of title issued in favor of vendeef.If redeemed – notice of redemption shall be registered &accomplished by way of memorandum on proper certificate of titleRIGHT OF REDEMPTION•Payment of purchase price plus 1% per month plus taxes if paid by purchaser•To be exercised within 1 year after registration of saleRIGHT TO DEFICIENCY – allowed

CHAPTER 10: CHATTEL MORTGAGECHATTEL MORTGAGED – personal property is registered with Register of Deeds to secureperformance of an obligationSUBJECT MATTER:movablesDEED OF MORTGAGE:•Requires only description to enable parties & other persons to identify the subject matterREGISTRATION OF CHATTEL MORTGAGE1.Execution of document2.Payment of fees3.Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages & other instruments relating thereto (primary process)4.Register of Deeds thereafter enters in a more detailed form the essentialcontents of the instrument in the Chattel Mortgage Register (complementaryprocess)EFFECT OF REGISTRATION:1. Creates a lien – attaches to the property whoever holds it; binding on subsequent purchasers2. Constructive noticeSALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE – void; criminal actEFFECT OF FAILURE TO REGISTER:•Valid between parties but void against 3rd persons•If instead of registration, it is delivered – it shall be a pledge & not chattel mortgage (if no chattel mortgage deed executed)•Actual knowledge is same effect as registrationAFFIDAVIT OF GOOD FAITH: STATEMENT THAT –1.Mortgaged is made to secure obligation specified2.Valid & just obligation3.Not entered into for purpose of fraudEFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:•Vitiates mortgage as against creditors & subsequent encumbrances•Valid as between parties•No need to be in public documentASSIGNMENT OF MORTGAGE•No need to be registered, permissive only & not mandatoryCANCELLATION OF CHATTEL MORTGAGE•Mortgagee to execute a discharge of the mortgage in manner provided by lawFORECLOSURE OF MORTGAGE•The must first be non-payment & at least 30 days have elapsed since then•Alternatives:1. Judicial2.Extra-judicial – only if there is stipulation/authorityPROCEDURE IN FORECLOSURE1.Notice posted for 10 days in at least 2 public places in municipality whereproperty is to be sold designating the time, place and purpose of sale

2.Mortgagor is notified in writing at least 10 days before sale3. Public auction4.30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been recorded5.Officer’s return operates as a discharge of the lien created by the mortgage6.Proceeds to be applied:a.Cost of saleb.Amount of obligationc. Subsequent mortgagesd.Balance – mortgagor

RECOVERY OF DEFICIENCY:AllowedCHAPTER 11: LEASELEASE – one of parties deliver possession of property to another who is obliged to payrent for use of such propertyREGISTRATION OF LEASE1.File with Register of Deeds the instrument creating lease together with Owner’s Duplicate of certificate of title2.Register of Deeds to register by way of memorandum upon certificate of title3.No new certificate shall be issuedWHEN PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES,ETC.:Leasehold cannot be registered in the title thereofEFFECT OF REGISTRATION:1.Creates a real right but without prejudice to rights of 3rd persons2.If not registered – valid as between parties but not to 3rd persons without noticeREGISTRATION – lessor not required to initiate; lessee shall initiateALIENS:1.May be granted temporary rights for residential purposes2.Limit: 25 years, renewable for another 25 yearsWHO ELSE MAY REGISTER: Builder in Good FaithCHAPTER 12: TRUSTS & POWERS OF ATTORNEYTRUST – obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him2 K INDS:1.Expressed – need to be in writing; cannot be proved by parole evidence

2.Implied – exist by operation of law; can be proved by parole evidencea.Property is bought but paid by another partyb.Donation is made but donee have no beneficial interest thereonc.Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loand.Land passes by succession to a person but legal title is put in another’s namee.2 persons purchase property but placed only in one’s namef.Guardian uses funds of ward to buy propertyg.Property is acquired thru mistake or fraudPOWER OF ATTORNEY – authority granted to a person to dispose one’s propertyTRUST DIFFERENTIATED FROM POWER OF ATTORNEY1.Trust has 3 parties while power of attorney has 2 parties2.Trust is for benefit of 3rd party while power of attorney is for benefit of principalREGISTRATION OF TRUST

1.Sworn statement claiming interest by reason of an implied trust with descriptionof land & reference to number of certificate shall be registered in Register of Deeds2.Provided not prohibited to do so by instrument creating the trustAPPOINTMENT OF TRUSTEE BY COURT•Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate•Cancel duplicate & new certificate shall be entered by Register of DeedsACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST•Prescribes in 10 years•If acknowledged in written form – becomes express trust – prescribes uponrepudiation

CHAPTER 13:INVOLUNTARY DEALINGS WITH REGISTERED LANDINVOLUNTARY DEALINGS – transactions affecting land in which cooperation of registeredowner is not needed: it may even be against his willATTACHMENT•A writ issued at the institution or during progress of an action commanding thesheriff to attach the property, rights, credits or effects of the defendant to satisfydemands of the plaintiff•Kinds:a. Preliminaryb. Garnishmentc.Levy on execution

REGISTRATION OF ATTACHMENT/OTHER LIENS1.Copy of writ in order to preserve any lien, right or attachment upon registeredland may be filed with

Register of Deeds where land lies, containing number ofcertificate of title of land to be affected or description of land2.Register of Deeds to index attachment in names of both plaintiff & defendant or name of person whom property is held or in whose name stands in the records3.If duplicate of certificate of title is not presented:

a.Register of Deeds shall within 36 hours send notice to registered ownerby mail stating that there has been registration & requesting him toproduce duplicate so that memorandum be made

b.If owner neglects or refuses – Register of Deeds shall report matter to courtc.Court after notice shall enter an order to owner to surrender certificate at time & place to be named therein

4.Although notice of attachment is not noted in duplicate, notation in book of entry of Register of Deeds produces effect of registration already.

EFFECT OF REGISTRATION OF ATTACHMENT:1.Creates real right2.Has priority over execution sale3.But between 2 attachments – one that is earlier in registration is preferred4.If not registered – actual knowledge is same as registrationDUTY OF REGISTER OF DEEDS•Basically ministerial but may refuse registration in ff circumstances:

1.Title to land is not in the name of defendant2.No evidence is submitted to show that he has present or possible future interest in land3.Unless:heir

PROPERTIES EXEMPT FROM EXECUTION: Family HomeATTACHMENT – How continued, reduced or discharged•Any method sufficient in law•Document to be registered

1. EXECUTION SALE•To enforce a lien of any description on registered land, any execution oraffidavit to enforce such lien shall be filed

with Register of Deeds whereland lies•Register in registration book & memorandum upon proper certificate of title as adverse claim or as anencumbrance•To determine preferential rights between 2 liens: priority of registration of attachment

2. TAX SALE•Sale of land for collection of delinquent taxes and penalties due the government•In personam (all persons interested shall be notified so that they are given opportunity to be heard)•Notice to be given to delinquent tax payer at last known address•Publication of notice must also be made in English, Spanish & localdialect & posted in a public & conspicuous place in place whereinproperty is situated & at main entrance of provincial building

•Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed•Tax lien superior to attachment•No need to register tax lien because it is automatically registered once the tax accrues•But sale of registered land to foreclose a tax lien need to be registered

PROCEDURE OF REGISTRATION OF TAX SALE:1.Officer’s return shall be submitted to Register of Deeds together with duplicate title2.Register in registration book3.Memorandum shall be entered in certificate as an adverse claim or encumbrance4. After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of title & issuance of new one5.Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall not be cancelled

ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATIONADVERSE CLAIM1.Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of certificate of land, name of registered owner, description of land in which right/interest is claimed – signed & sworn to2.Statement shall be entitled to registration as adverse claim on certificate of title3.Effective for 30 days from date of registration4.After 30 days, may be cancelled by filing of verified petition by party in interest

•Any party may petition in court to cancel adverse claim•Court to grant speedy hearing•If adverse claim is adjudged invalid – may be cancelled

5.No 2nd adverse claim based on same ground shall be registered by same claimant

CHAPTER 14: REGISTRATION OF LIS PENDENSPURPOSE: keep subject matter within the power of the court until the entry of final judgment• Therefore creates merely a contingency & not a liensEFFECT OF REGISTRATION:1.Impossibility of alienating the property in dispute during the pendency of the suit– may be alienated but purchaser is subject to final outcome of pending suit2.Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issuedCANCELLATION OF LIS PENDENS:

1.Before final judgment – court may order cancellation after showing that notice Isonly for purpose of molesting an adverse party or it is not necessary to protectrights of party who caused it to be registered2.Register of Deeds may also cancel by verified petition of party who caused such registration3.Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered

NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION•Sufficient that there is entry in day bookOTHER PARTIES WHO NEED TO REGISTER:1.ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

•Duty of the officer serving notice to file copy of notice to Register of Deeds where the property of debtor lies

•Assignee elected or appointed by court shall be entitled to entry of newcertificate of registered land upon presentment of copy of assignmentwith bankrupt’s certificate of title (duplicate)

•New certificate shall not that it is entered to him as assignee or trustee in insolvency proceedings

JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS•Order shall also be registered•Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate

2.GOVERNMENT IN EMINENT DOMAIN

•Copy of judgment file in Register of Deeds which states description of property, certificate number, interest expropriated, nature of public use•Memorandum shall be made or new certificate of title shall be issue

CHAPTER 15:TRANSMISSION BY DESCENT AND DEVISEWHEN OWNER OF PROPERTY DIES – testate or intestate,•Administrator shall file with Register of Deeds registration of property in hisname to be vested with ownership as trustee so he can sell, etc, convey, etc•Not necessary if already empowered in the willWHEN JUDICIAL PROCEEDING NOT NECESSARY•Heirs may partition estate immediately & no need to be burdened with ost/expenses of an administrator1.In absence of debts2.Heirs are all of legal age

PARTITION/SETTLEMENT OF ESTATE1. JUDICIAL•After entry of final judgment of partition, copy certified by clerk of court to be filed with Register of Deeds•Each owner to gave separate certificate of title (duplicate)•If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of order confirming sale

2. EXTRAJUDICIALa.Decedent died intestateb. No debtsc.Heirs are all of legal age, or minors represented by guardian

•Heirs to execute public instrument to be filed with Register of Deeds•If disagree with each other, file in court ordinary action for partition•If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with Register of Deeds•If there is movables involved, bond to be filed equivalent to valueof property as certified under oath by parties conditioned uponpayment if any just claim which may be filed by creditor within 2years after distribution•Publication in newspaper of general circulation for 3 weeks; not binding to those without notice•Final after 2 years

ORAL PARTITION, WHEN DEEMED VALID•In provinces when person dies leaving property not covered by Torrens system– to avoid legal expenses, heirs make a list of property, pay off debts & assign to each•Statute of frauds – do not operate because it is not a conveyance but a separation of property and designation of part which belongs to themWILLS AND LETTERS OF ADMINISTRATION•Executor required to file with Register of Deeds a certified copy of his letters ofadministration or the will if there is a will in order that Register of Deeds mayregister upon certificate a memorandum with reference to file no & date of filingCOURT AUTHORITY NEEDED IN ORDER TO SELL1.May be dispensed with if will empowers him sell2.Without authority first secured, heir may sell subject to result of pending administration

CHAPTER 16:ASSURANCE FUND•State creates a fund for the compensation of persons injured bydivesting/cutting off of rights due to the indefensibility of title; following that actof registration is operative act by which State transfers title; created to relieveinnocent persons from harshness of doctrine that certificate of title is conclusiveevidence of an indefeasible title to land.•Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid toRegister of Deeds based on assessed value of land – as contribution toassurance fund; if no assessment yet, sworn declaration of 2 disinterestedpersons subject to determination by court.

•Money shall be under custody of the National treasurer; invest it until P+Iaggregates to 500,000, excess shall be paid to the Assurance Fund; annualreport of Treasurer to Secretary of BudgetWHO IS ENTITLED:1.Claimant must be owner,purchaser orencumbrancerin good faithwho sufferedactual damagebyloss of land; inshort – he isdeprived ofhis land orinterest therein2.No negligenceattributable tohim3.Claimant is barred fromfiling action torecover saidland4.Action to recover fromassurance fund has not prescribedLOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:1.Breach of trust2.Mistake in resurvey resulting in expansion of area in certificate of titleLOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:1.Omission, mistake, misfeasance of Register ofDeeds or clerkof court2. Registration of 3rd persons as owner3. Mistake, omission,mis description in certificate of title, duplicate orentry in books4.Cancellation

AGAINST WHOM ACTION IS FILED:1.Action due to deprivation of land due to mistake, negligence, omission ofRegister of Deeds, etc –

Register of Deeds and National Treasurer asdefendants; Sol-Gen must appear2.Private persons involved – should also be impleaded

LIABILITY:1.Satisfy claims from private persons first

2.When unsatisfied – secondary liable is the National Treasurer who shall paythru assurance fund; thereafter Government shall be subrogated to rights ofplaintiff to go against other parties or securities

MEASURE OF DAMAGES:•Based on amount not greater than fair market value of land•Amount to be recovered not limited to 500,000 which is maintained as standing fund•If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not appropriated

WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:1.Any court of competent jurisdiction – RTC in city where property lies or resident of plaintiff2.Action prescribes in 6 years from time plaintiff actually suffered loss3.If plaintiff is minor, insane or imprisoned – has additional 2 years after disability is removed to file action notwithstanding expiration of regular period

CHAPTER 17:PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION1.LOST DUPLICATE CERTIFICATE•Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds•Petition to court for issuance of new title•After notice and hearing – court to order issuance of new title with memorandum that it is issued in place of lost certificate (duplicate)•If false statement: complex crime of estafa thru falsification of public document

2.ADVERSE CLAIM IN REGISTERED LAND•Whoever claims a better right or interest in a land adverse to theregistered owner shall make written statement alleging his right, how andwhen acquired with description of land•Statement to be signed and sworn to•Entitled to registration as adverse claim – noted on certificate of title•If there is petition – speedy hearing, determine validity of adverse claim•May be cancelled without court order; effective only for 30 days•After cancellation, no adverse claim on same ground may be registered by same claimant

1.Adverse to registered owner

2.Arises after original registration3.Cannot be registered under provisions of land registration act

•To be made on original certificate, to the duplicate is not necessary because no access•Contracts of lease, contract to sell but prescription and money claims are not allowed•Purpose: measure designed to protect the interest of a person over aproperty where registration is not provided for by the land registrationact; serve as notice and warning to persons subsequently dealing onsaid land•Different with lis pendens: permanent; can only be removed after hearingis done but adverse claim is only for 30 days: lis pendens – notice thatproperty is in litigation; adverse claim;somebody is claiming better right•Recent ruling: adverse claim can only be removed upon court order

3.PETITION SEEKING SURRENDER OF DUPLICATE TITLE•In voluntary and involuntary conveyances – when duplicate cannot beproduced, petition in court may be filed to compel surrender of certificateof title duplicate to Register of Deeds•After hearing, may order issuance of new certificate and annul the oldcertificate; new certificate shall contain annotation re annulment of oldcertificate

4.AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE•A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding•Entries in registration books also not allowed to be altered except by order of the court•Grounds:1.New interest not appearing on the instrument have been created2.Interest have terminated or ceased3.Omission or error was made in entering certificate4.Name of person on certificate has been changed5.Registered owner has married6.Marriage has terminated7.Corporation which owner registered land has dissolved and hasnot conveyed the property within 3 years after its dissolution•What corrections are permitted in title (which does not include landsincluded in original; technical description as long as original decree ofregistration will not be reopened and rights or interest of persons notimpaired; old survey was incorrect; substitution of name of registeredowner)1.Alteration which do not impair rights and2.Alteration which impair rights – with consent of all parties3.Alterations to correct obvious mistakes5.RECONSTITUTION OF ORIGINAL CERTIFICATE OF TILE

•As consequence of war – records have been destroyed•When reconstituted – have same validity as old title•Can only be done judicially by filing a petition for reconstitution with RTC•To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before

hearing•In remproceedings•Court to order reconstitution if it deemed fit; issue order to Register of Deeds•Lack of essential data fatal

6.TRANSACTION EVIDENCED BY LOST DOCUMENT – HOW REGISTERED•Register of Deeds forbidden to effect registration of lost or destroyed document•Steps by interested parties:1.Procure authenticated copy of lost or destroyed instrument2.Secure an order from court

CHAPTER 18: FEES, OFFENSES, PENALTIES•In connection with original and subsequent registration of lands – payable to Clerk of court, Register of Deeds, sheriff•Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due payable within next 15 daysOFFENSES:1. Larceny

2.Perjury – false statement under oath3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in

discretion of court4.Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court

a.Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of Register of Deeds

b.Fraudulent stamping or assistance in stampingc.Forging of handwriting, signature of persons authorized to signd.Use of any document which an impression of the seal of the Register of Deeds is forged5.Fraudulent sale: sale of mortgaged property under the misrepresentation that itis not encumbered;

deceitful disposition of property as free from encumbrance:imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDSPUBLIC LANDS – all lands owned by the government•Inalienable and alienable•Inalienable – public domain: timber and miner lands•Alienable/ Disposable- public agricultural land

PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.PROCEDURE:1.Official issuing instrument of conveyance to issue instrument2.File instrument with Register of Deeds3.Instrument to be entered in books and owner’s duplicate to be issued

4.Instrument – only contract between Government and private person and doesnot take effect as conveyance if unregistered, it is registration which is operativeact of conveying land; evidence of authority for Register of Deeds to register5.Fees to be paid by grantee6.After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE•In absence of registration, title to public land is not perfected and therefore notindefeasible•In case of 2 titles obtained on same date – one procured thru decree ofregistration is superior than patent issued by director of lands•2 titles procured by one person – one from homestead patent, one from judicialdecree& sold to 2 diff persons, one who bought it for value and in good faith &one who register first shall have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN:•Classification is exclusive prerogative of executive & not by judiciary•Anyone who applies for confirmation of imperfect title has burden of proof toovercome the presumption that the land sought to be registered forms part ofpublic domain (Regalian doctrine)UNDER THE CONSTITUTION:1.Agricultural – only one subject to alienation2.Forest or timber3. Mineral lands4. National parkUNDER THE PUBLIC LAND ACT:1. Alienable/disposable

a. Agriculturalb.Residential, commercial, industrialc. Educational, charitabled.Town sites and for public and quasi-public uses

2.Timber lands - inalienable3.Mineral lands inalienable•If patent or title is issued – void ab initio for lack of jurisdiction

•Not subject to acquisitive prescription; even if in possession for longtime, will not ripen into ownership•Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935; vested rights which are protected

FISHPONDSBefore: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of landNow: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from government.DIRECTOR OF LANDS•Quasi-judicial officer•Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with regards to finding of law•Empowered to alienate and dispose landsMODES OF ALIENATING PUBLIC LANDS:1. Homestead settlement2. Sale3.Confirmation of imperfect or incomplete title

a. Judicial legalizationb. Administrative legalization

•Lease not included since lease does not transfer ownership; free-title grant: freedistribution of public lands to encourage people to cultivate; government furnishesthe applicant with tolls plus cash allowance to enable him to cultivate

CONFIRMATION OF IMPERFECT TITLE:1.Last extension granted by Government was until December 31, 19872.Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious (OCEN) possession underbonafide claim of ownership since June 12, 1945.

a.Prior to transfer of sovereignty from Spain to US, have applied forpurchase but did not receive title, without default on their part providedthey have occupied since their application

b.In OCEN possession since June 12, 1945 or earlierc.Members of cultural minorities in OCEN who has claim of ownership for at least 30 years.

MAX LAND THAT CAN BE APPLIED: 144 hectares•In case of foreigner, sufficient that he is already Filipino citizen at the time of his application•Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only leasePERSONS COMPETENT TO QUESTION LAND GRANT•Persons who obtained title from State or thru persons who obtained title from State

PATENT

WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:1.Deed of conveyance issued by government patent/grant2.Registered with Register of Deeds – mandatory: operative act to convey & transfer title3.Actual physical possession, open & continuous•Land ceased to be part of public domain & now ownership vests to the grantee•Any further grant by Government on same land is null & void•Upon registration, title is indefeasibleTITLE ISSUED PURSUANT TO REGISTRATION OF PATENT1.Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of patent

2.May not be opened one year after entry by Land Registration Authority;otherwise, confusion, uncertainty & confusion on government system, ofdistribution of public lands may arise & this must be avoidedExcept: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith

•Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title

AIM OF HOMESTEAD PATENT:•Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and cultivation•As a matter of public policy, may be repurchased even if after 5 years provided not for profit•Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purposeRESTRICTIONS:1.Cannot be alienated within 5 years after approval of application for patent2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application3.Subject to repurchase of heirs within 5 years after alienation when allowed already

4.No corporation, partnership, association may acquire unless solely forcommercial, industrial, educational, religious or charitable purpose or right ofway subject to consent of grantee & approval of Secretary of Natural resourcesEXCEPTIONS:1.Action for partition because it is not a conveyance2.Alienations or encumbrances made in favor of the governmentERRED HOMESTEADER NOT BARRED BY PARI DELICTO•Pari delicto rule does not apply in void contract•Violation of prohibition results in void contract•Action to recover does not prescribe

HOMESTEADER•If he dies, succeeded by heirs in the applicationLEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)•Conveyance is valid if able to read and can understand language where deed is written•Otherwise, not valid unless approved by Commission on National Integration•Safeguard is to protect them against fraud/deceit

CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGSPURPOSE:•Another means to bring lands under operation of Torrens System•Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and accelerate registration•Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titlesNATURE OF PROCEEDINGS:•In rem•No defendant & no plaintiff•Compulsor