MidTerm Transcription Land Titles

8/12/2019 MidTerm Transcription Land Titles

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I can do all things in Christ who gives me strengththis transcription was ran by Razer and fueled by Monster Energy Drink (unleash the beast)

Midterms Land Titles and Deeds(Lend Tetls and Deds)

Importance of land registration

- Protect rights over the land

- Protect ownership over the land

- Facilitate land transaction

Examples:Right to disposeFacilitating land transactions like using the land

as collateral in the loan

PD 1529- decree issued to update the Land RegistrationAct and to codify the various laws relative toregistration of property and to facilitate effectiveimplementation of said laws- Prior to PD 1522 the laws on land registration

were scattered, PD 1522 aimed to codify all landregistration laws into one law

Among such laws were:+ CA 141+ Act 496+ CA 2259+ 3344+ 1508+ RA 26+ PD 27+ 8958+ 726(Basta kana sila di lagi na mu gawas)

- consolidated all laws so that we only have tolook at one law

Regalian doctrine-All public lands belong to the state- in the absence of proof of private ownershipthat land, without proof, as a general rule thatland shall be owned by the state

- originated during the Spanish rule> First to enact the rule> All ownership and rights must bepassed from the crown> king of Spain conquered the

Philippine islands this is based more on conquest, sincethey conquered the Philippine islands and it seems nowthat the king and the crown owns the lands of thePhilippine islands. We already know from history thatwe have been conquered by so many others and so fromSpain then to US until independence. That is whyRegalian doctrine tells us that without any ownership theland belongs to the King of Spain

(Naka basa naman gyud tingali mo tanan sa caso sahkay grabe pinusilay, questions nani dayun)

Sec. DENR vs. YapOccupants of Boracay Island want the lands

registered

What was the reason of the Supreme Court in saying thatthey could not have title over the lands?

- these lands were considered unclassified andpursuant to the revised forestry code, unclassified landsare deemed ipso facto to be forest lands and forest landsare owned by the state

There was also an issue as to the presentation of proof ofprivate ownership, were they equal to proof that theyowned it apart from the proof that they tilled on the landsand substantial investments

- No, because the SC said that there must be apositive government act that declares the lands alienable

and disposable, since they were not able to show thatthere was such proclamation or any act from thelegislative department that would show that these landswere alienable and agricultural lands

Positive acts that would prove that the land isalienable and disposable:

1. acts which were made by the legislativedepartment such as proclamations, decrees and orders

How about the contentions of the investors ofBoracay that they have already invested so much and itwould be prejudicial to them if they were unable tosecure title over the land?

- The SC noted that, if they indeed were able tobuild several billions of pesos in the land but howeverthey could not have these titles however they still haveother remedies

- Since they do not necessarily have ownershipdoes not mean that they could not have possession. Theycould apply for patents or loans.

PD 1081, was that not enough a positive actclassifying that the lands were alienable and disposable?

- it was not a positive act, since this only refer tothe administration of land into a tourist zone and amarine zone, they could only have established business

transactions but not necessarily classifying it as alienableand disposable such that the persons can already gainownership and title

Regalian doctrine:

General rule:All lands are owned by the state


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Exemption:Proof of private ownership and according to the

case of sec of DENR vs. Yap there are 2 requisites:1. Applicant is in open, continuous, exclusive,

notorious possession (OCENP) over the land within atime prescribed by law or since June 12, 1945 or earlier

2. There must be a positive act of governmentdeclaring the land as alienable and disposable

What are these positive acts?- Presidential proclamations- Executive orders- Administrative acts- Investigative reports from the bureau of lands- Certification from the DENR- Legislative acts

What type of land may be alienated and disposed of bythe state?

- Only agricultural land+ Other classifications are forest, timber andnational parks are not alienable

Proclamation 1081 was not enough, it was a presidentialproclamation but it did not classify Boracay as anagricultural land it merely classified Boracay as a touristzone

Proclamation by Gloria- It was already a positive act, certain parts were

agricultural and certain parts are forest

those who possess the lands where they these lands were

classified as forest lands by the proclamation regardlessof whether they have already possessed it since June12,1945 or earlier, there was no other requisite presentbecause the land was not yet alienable and disposable.

- it tells you that regardless of how long youhave occupied the land, if that land is not classified asagricultural, then you cannot obtain original registrationfor that land

As to whether substantial investments would make youowner of that land the SC said not, even if you haveinvested billions of pesos over the land that does not giveyou better right over the land because it is not alienableand disposable but the SC said that you are not yethopeless, you could still apply for patent. it is not for thesupreme court to decide or give away.

Republic vs MunozPayment of taxes do not make you owner of said land

- Payment of taxes do not prove ownership ofthe land it only proves possession

What about the evidence presented that he is applyingfor patent over the land?

- Application for patent was denied, it did notshow that the respondent had occupied the landexclusively and continuously

- the Supreme Court said that, still he has notpresented any proof that the land was alienableand disposable therefore if it does not belong tothe exception then the general rule shall have toapply that it belongs to the state as to hisevidence that he submitted that he was alreadyapplying for a patent, the SC supreme courtsaid, "so what?" that was only an application. ithas not yet been granted. it being just anapplication, it does not hold water.

Rural Bank of Anda vs Roman Catholic Archbishop ofLingayen-Dagupan

Does the municipal corporation, an instrumentality of thegovernment, have a right to appropriate public lands?- Even if municipal corporations are an

instrumentality of the government they cannotappropriate to themselves public or governmental landswithout prior grant from the government

Cruz vs Sec. of DENR

What was the contention of the petitioners in saying thatthe IPRA law was unconstitutional?

- IPRA law would give ownership to the saidlands and it is a violation of the Regalian Doctrine

What was the position of those that were in favor of theIPRA law?

- the land was already in possession of theindigenous people time immemorial then theyhave the right for those lands

In the IPRA law, was it full ownership?- it is not full ownership but stewardship, ormanagement or first preference or priority ofuse of the land- it was not full ownership, so it does not violate

the Regalian Doctrine

IPRA law was upheld

Cario vs Insular GovernmentThe second exception to Regalian doctrine is native title

- You and your ancestors in interest havebeen in possession and occupation of that


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land since time immemorial even prior toSpanish conquest

- It acknowledges the reality that when wewere conquered by Spain, not all the landsof the Philippine islands were conquered(basis of the IPRA law)

- Beyond the Regalian doctrine

Torrens System of Registration (PD 1529)

- Gives you a more organized way ofregistration of lands, giving those landsindefeasible title

- Manner by which you can facilitate yourland transactions

Grey Alba vs de la Cruz

Original registration

- Land is not yet titled

-Apply for title over it

- Confirms ownership

Proof of ownership to be presented in court1.

OCENP over land within a time prescribedby law or since June 12, 1945 by you orpredecessor-in-interest

2.

Land must be agricultural land

Application Requisite:1.

Publish applicationa.

Proceeding in court is aproceeding in rem(binds the whole

world)

i.

The fact that it waspublished then everyoneis already made adefendant because it isagainst the whole world

Legarda vs SaleebyDual titling of a certain area

Purpose of Torrens System of Registration:

- Quiet title of the land

- Rest secure that once the title is made thetitle is really yours

Legarda already obtained title of the land in1906. Here comes Saleeby although a successorin interest has a title which included part ofLegardas land. Both have title. There isoverlapping of Titles. Who shall be consideredas owner of that overlap?

- The first registrant, when issued a certificateof title over that land you should already berest secured that the title is already yours.Already quieted ownership of land

- Legarda first acquired title, binding againstthe whole world

Traders Royal Bank vs CAEncumbrances and registration in the lack of

land title

Traders Royal Bank(TRP) extrajudiciallyforeclosed the land of the Capays. Capays used their landas collateral. Capays applied for notice of lis pendensandalso injunction (stop the extrajudicial foreclosure). Placeat the back of the title. Notice of lis pendens was notannotated. Land was sold to third party and sold again toseveral parties. After 15 years that was the only time thatthe Capays raised the issue that they can attack theownership of the subsequent owners. SC ruled that theyhave already slept on their right by laches. If they wanted

to protect it they should have made sure that it wasannotated. Everything you put on the title is binding onthe whole world. That is the purpose of the TorrensSystem of Registration protects property rights.

SM Prime Holdings Inc. vs MadayagSM Prime Holdings acquired 9 lots, some had

titles but some had missing titles. Madayag wanted tohave a certain lot registered but the lot was included inone of the lots of SM. She was applying for a survey planbut opposed by SM. SM wanted to hold the availingproceedings in the trial court to wait for the resolution of

the DENR.

SC said that the trial court need not wait for theresolution of the DENR in order to proceed with theregistration proceedings.

Pd 1529

- Grants the Land registration court or RTCthe power to settle all issuesregarding landregistration including the survey plan.

Why is it indefeasible?

- Because of the proceeding that it has to gothrough

- Because of the power of the registrationcourt to examine evidence whether or notyou really are the owner of the land

- When the decree is given to you confirmingownership over the land, it becomesindefeasible. No need to wait for otheradministrative agencies because that powersettles issues of ownership over the land is


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already given to the RTC or LandRegistration Court

Government of the Philippine Islands vs AburalWhat was the reason why they wanted to reopen thecase?

- They were not informed of the proceedings,there was fraud

What period may you reopen the case when there isfraud?

- Within one year from entry of decree ofregistration

How come SC said it cannot be reopened?

- Because the ground for reopening it wasignorance of the proceedings or they werenot informed

- Ground must be fraud, cannot be ignorance

Indefeasibility sets in 1 year after entry of decreeof registration

- The SC said that on the basis of PD 1529,you may attack it on the ground of fraudnot ignorance

- Original registration proceeding is aproceeding in rem.

What is the requisite of it being in rem?

- Publication

- The effect of publication becomesconstructive notice to the whole world

- The whole world is made a partydefendant, even the part defendant. So long

as it was already published they werealready notified.

Borromeo vs DescallarWilhelm Jambrich nag uyab ni Descallar nya

nag palit sila yuta gi butang sa ngalan ni Descallar. Nagbuwag sila kay namiga nasad si Jambrich la.in exoticbeauty. Gi baligya ni Jambrich iyang yuta ni Borromeopara pang bayad sa pa-ayo sa iya speedboat. Lalis dayunkinsay tagiya

What about the contention of Descallar that the title was

already in her name, and then the title has already beenindefeasible considering the lapse of 4 years?

- Respondent was not a land owner in goodfaith therefore it was an exception to theindefeasibility rule(tubag sa student)

- She did not pay any valuable consideration.Registration is not a mode of acquiring

ownership. Registration is a mereministerial act that confirms ownership.

That is why it is an exception to the Regalian Doctrineyou should prove your ownership that you are OCENPsince June 12, 1945 or earlier and a positive act bygovernment that the land is A and D. That tells you thatyou are already the owner. Wala ka nagpa register paraimohang ma own. Nagpa register ka para the state willrecognize that you are the owner.

What happened in the case?

- While there is a certificate of title in hername and registration merely confirmsownership. What did that certificate of titleconfirm? Nothing, because she was not theowner in the first place. Registration doesnot vest ownership upon her becauseevidence showed that she could not buyproperty in AgroMacro. It was in fact

Jambrich

Descallar said that Jambrich could not own property andtherefore could not pass it to Borromea

- SC said that the constitutional prohibition,the reason for that ban on aliens was topreserve it for the Filipinos but it wasalready cured because Jambrich transferredit to Borromeo.

- SC said that if an alien transfers a land or hehimself becomes a Filipino citizen bynaturalization, ma tangtang ang reason forthe prohibition. It is alright that Borromeocan get the property from Descallar

Baguio vs RepublicMichaels attained a foreshore. Baguio applied

for Certificate of Title fraudulently and asked for rentfrom Michaels. Baguio bagag nawng. Dmd

Even though the title has already beenindefeasible the reversion to the state isimprescriptable.

General Rule:1.

Title is indefeasible

Exception:1.

Attack it within 1 year due to fraud2. Attack it even beyond one year if you can

prove that the holder of the title is not reallythe owner

3. Title being given over public landsReversion to the state isimprescriptable


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Pascua vs CAAnalogy of judgment to registration

2 requirements for proper registry:1. Must be written in the dockets2.

Promulgation should be sent to the parties

Sending of the promulgation was to the parties viacounsel because of trial by abestia. The error in this casewas that the writing of the dockets was delayed asevidenced by sending of the letters. Promulgation mustbe refilled and Pascua was able to file her appeal.

When can you consider a document as registered?

- When it is entered into the books of theregistry

Fudot vs Cattleya LandCattleya Land owns several properties however

there were 3 properties that they were not able to securethe title because they were not able to show the certificateof title of the previous owner. You could not be issued anew title if you dont surrender the old title to the RD.Kay kung issuehan ka ug bag.og title nya wala pa to angold, duha na la title over the property. There is a hugechance of a double sale. There is a chance for a doublesale over one title how much more for two. Fudot wasable to secure the title. Based on evidence they hadamorous relationship with the husband. She had easyaccess to the certificate of title. She could attain a new titlebased on this deed of sale. The deed of sale was datedbefore the deed of sale of Cattleya Land for the parcels ofland. Cattleya Land was able to register the deed of sale

even without securing the title. It was able to register theland first. Wa lang niya na kuha ang title kay wa niya nasurrender ang present existing title. Fudot was able tosecure the title, she was also able to register.

Issue: Who had the better right?

Held: Art. 1544 when you say double sale. There shouldbe two valid sales. Based on the testimony of Asuncion,her signature was forged. Sale to Fudot was not valid. Itwas not a sale. Registration is a purely ministerial act. Itdoes not cure a defective instrument. Since the title ofFudot was a forged instrument. The title is therefore nulland void.

-Suppose there was a sale. Who had a betterright?

o It is still Cattleya, 1544 says that ifyou register it first then you have abetter right. If you are the firstbuyer and you register it first,regardless if you know about thesecond buyer or not, so long as

you register it first, that will notaffect your right. But if the secondbuyer has no knowledge of thesecond buyer but was able toregister it first, will that affect the1st buyer? Yes, because the 2ndbuyer was in good faith. If 2ndbuyer is in bad faith then 1stbuyerhas the better right

o Cattleya 2nd buyer but stillregistered it first, constructivenotice to the whole worldtherefore it still had the better right

Registration

- Any recording in the books of registry

- In general as the law uses the word, meanany entry made in the books of the registry,including both registration in its ordinaryand strict sense, and cancellation,

annotation and even marginal notes in itsstrict acceptation, it is the entry made in theregistry which records solemnly andpermanently the right of ownership andother real rights.

- Do not limit registration to only originalregistration but also include any entry suchas encumbrances. Include entry of notice oflis pendens

Samuka JP cgeg ubo di ko kadungog ni maam.

PO SUN TUN vs Price

-One deed of sale was recorded by the RDand one deed of sale was received by theRD. Receiving by the RD cannot betantamount to a registration becauseregistration is the entry into the books ofregistry. If you present a deed of sale andwas only stamped received is not entry,even if there was an acknowledgement ofreceipt.

- The mere presentation to the office of theregister of deeds of a document on whichacknowledgement of receipt is written notequivalent to recording or registering thereal property

- For you to be able to say that you haveregistered it, it must be entered in the booksof registry

- Registry is important when there is doublesale because whoever registers first in goodfaith between two buyers shall have thebetter right over the property


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Vagilidad vs Vagilidad

First sale was from Loreto to Gabion Jr. Loretodid not surrender title to Gabino Jr. Gabino Jr. execute adeed of sale to him in favor of Wilfredo but there was notitle involved. According to Gabino that deed of sale wasexecuted because Wilfredo needed that deed of sale forthe purpose of loaning. However Wilfredo was also ableto ask Loreto to make a deed of sale in his favor. Loretohad the possession of the title and then gave it toWilfredo. They did this in order that Gabino cannot usethe property. Loreto and Wilfredo defrauded Gabino

Who has better right? (Gabino or Wilfredo)

- Better right lies with Gabino

- Registration of property is not a means ofacquiring ownership. Its allegedincontrovertibility cannot be successfullyinvoked by Wilfredo because certificates of

title cannot be used to protect a usurperfrom the true owner or be used as a shieldfor the commission of fraud. So just becauseyou have a certificate of title and justbecause of the indefeasibility rule, that doesnot mean that usurper cannot use that as ashield especially if the person who is theowner can prove that he really is the realowner and that fraud was committedagainst him.

Tiro vs Phil Estates CorporationGeneral rule:

A fraudulent deed cannot be a root of a valid title

The fraudulent deed was an extrajudicial adjudication ofsole heir made by Maxima Ochea

- She pretended to be the sole heir of thespouses Tiro. Because of that deed, she wasable to transfer the title to another personthen there were subsequent transfers.

certificates of title merely confirm or record titlealready existing and vested. The indefeasibilityof the Torrens title should not be used as ameans to perpetrate fraud against the rightfulowner of the property. Good faith must conferwith the registration because otherwise theregistration will be an exercise in debility.

Fraud was committed by Maxima Ochea. The forceddeed was also executed by Maxima Ochea and based onevidence; bad faith was only executed by her. There wasno bad faith in the subsequent transfers and there wasnothing wrong with the subsequent transfers. If you are a

purchaser, you are not required to go beyond the title.You have every right to trust the title. What is the use ofthe Torrens system if di man diay ghpn ka maka salig satitle.

Bad faith was only executed by one person and all therest were in good faith.

How come the SC said that Philippine EstatesCorp. shall be considered as the owner when infact the root of the title was fraudulent?

- Exception is when the purchaser is in goodfaith

However, where good faith isestablished, as in the case of an innocentpurchaser for value, a forged document maybecome the root of a valid document.

If there is no subsequent transfers, justtransferred to the name of Maxima Ochea and the heirsfind out. The heirs shall have the better right. Maxima

Ochea is not the real owner. Therefore the general ruleshall apply because it did not pass through innocentpurchasers.

Cruz vs CabaaDouble Sale

- Two valid sales to two different vendees

Sps. Cabaa sold to:The first buyers (sps. Legaspi) wanted to register itbecause a requisite in registering a sale in your favor isyou have to surrender your old certificate of title. Yousurrender it kay kung issuhan ka ug new nya

outstanding pa ang old then there will be two certificatesover the same property. If there are two certificates oftitle over the same property mo samut ug ka rampant angdouble sale. Magka double sale na gani nang isa ka titolohow much more if you have two certificates of title overone property. The registration failed because at that time,Cabaa mortgaged it to PNB. Because if you mortgage aproperty. The mortgager will require you to surrenderthe title for security purposes.

Second buyers (Sps. Cruz) at the time of his purchasewere unaware of the first purchase. At that time therewas already a title. The property was already released byPNB. So he registered it and was able to do so. A newtitle was issued in his name but at the time he registeredit he was told that it was already sold to Sps. Legaspi buthe did not care. Samut niya I register kay naa naman diaynip alit (salbahis gyud).

Rule on Double Sale:

- If you are the first buyer you have a betterright regardless if you have knowledge of


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the 2nd sale so long as you registered itfirst in good faith. Right as a first buyerwill not be displaced. If you register itwhether or not you know of a 2ndsale it willnot affect you.

How do you displace the first buyer? How can a 2ndbuyer have a better right over the 1stbuyer?

-If the second buyer registers it first, butyou must register it in good faith. Noknowledge whatsoever of the prior sale.From the time you acquired the property upto the time that you register.

- The better right goes to the first buyer sincethe 2nd buyer had knowledge whenregistering the land

Article 1544Rule on double sale 2nd buyer requisites to displace 1st

buyer 1. Registration in good faith2. Possession in good faith3. Presentation of title in good faith

In rem vs In personam

- The object of an action in an in remproceeding will bind the whole world. In anin personamonly particular persons lang.

Torrens system of registration requirement to bind thewhole world

1. 2 publications2. Notification if the person who wanted to

register knows of some persons that have interest to theproperty

Republic vs Ribaya

- Jan 23, 1922 a survey plan made (25 sqmmeteres). The Hearing was only publishedonce later on a second survey amending thefirst survey plan but there was nopublication to the amendments. Thepetitioners raised that they wanted toreopen the case because the decree issued tothe respondents were null and void becauseit lacked the required publication. It wasalso raised that it was 1925 when the surveywas conducted and the land was declared Aand D only on 1930.

At the time of application of decree ofregistration, did the application for original

registration come first before it was declared Aand D or was it declared A and D beforeapplication?

- The registration was first applied before theland was reclassified into A and D.

Issues:1.

Whether the court has jurisdiction2. Whether the republic of the Philippines is barred

by prescription to bring the action for annulment

Held:1. The court did not have jurisdiction because they

lack the essential requisite on publication. Therewas only one publication on the first decree butthere was no publication on the amendment. Itdid not acquire jurisdiction of the case becausethere was lack of the publication.

2.

The Republic of the Philippines has the right torecover the land even if the land was alreadyregistered under the Torrens System anytime.

The state is not barred by prescription fromrecovering lands that belong to it.

Grey albaPersonal notice not required because it was alreadypublished.

Ignorance could not be grounds to reopen theproceedings

Moscoso vs CA

- Personal notice is not necessary because the

time that it is published that means that youhave already been notified and that isconsidered as constructive notice to thewhole world regardless of whether or notyou have read the publication. Neither maylack of such personal notice vitiate the titleissued in a registration proceeding for thecourt to acquire jurisdiction there must bepublication.

2 Systems of Registration1.

PD 1529 registered lands2.

RA 3344 unregistered lands

Melencio vs CA

2 sales from the heirs of Juana Amodia and GoKim Chuan, Aznar then filed for cancelation for thecertificate of title to Go Kim Chuan. Go Kim Chuancontested that document in favor of Aznar was forgedbecause the heirs did not sign the document


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Issue: 1. Was there forgery? who has the betterright?

SC said that forgery cannot be presumed. TheRTC said there was forgery based solely on thehandwriting expert the SC said that that was not enough.The judge himself must make a personal determinationon whether the document was forged or not but the judgedid not do so. Since the SC is not a trier of facts it will notdo with forgery and the presumption is there was noforgery.

Who had the better right?Go Kim Chuan has the better title. The rule on

double sale is that the first registrant who first registers itin good faith shall have a better right; good faith is onlyattributed as to the 2ndbuyer. The first buyer was Aznar,he also registered it first the problem of Aznar is that heregistered it with the wrong registry. Therefore the SCsaid that registration in the wrong registry does nottantamount to registration. The contention of Aznar was

that his title was lost and therefore the land is alreadyunregistered but SC said that once the land is registeredunder PD 1529,just because the certificate of title is lostdoes not convert it to unregistered lands. Onceregistered it becomes indefeasible.

How does the 2ndbuyer displace the 1stbuyer?

- By registration in good faith. Go KimChuan is considered the 1st registrantbecause sipyat Aznar register taka ramanpa rehistro gg noon ang title niya.

Republic vs Dignos-Sorono

The subject properties were 2 lots. Dignos hadone fourth parcel sold the 2 parcels to Civil AeronauticsAssociation now MCIAA. The other heirs of Dignoswanted MCIAA to vacate the premises. MCIAAregistered the lot under 3344.

Issues: WON there was the sale valid? WONRegistration under RA 3344 regarded as constructivenotice?

1.

SC ruled that the sale was only valid up to the share of Dignos.

2.

SC ruled that it is not considered as aconstructive notice against the whole world.There is no valid registration. Registration underRA 3344 only refers to unregistered landshowever in this case, since the land was alreadyregistered and title was lost during WW2, itcannot be registered again under 3344, justbecause the certificate of title is lost does notconvert it to unregistered land.

What is the effect of registration?

- The title because indefeasible and can nolonger be challenged in court

-

TCT transfer certificate of title

- The land has already been transferred fromone person to another

- TCT will bear the origin of the title

- Know which OCT it is derived from

- Can trace which is original and which OCTwas first registered

In original registration proceedings, title was thenunregistered and ask the court to register the land, whatthen is being issued?

- The OCT (Original Certificate of Title)o Subsequent transfers will bear the

TCT

Guaranteed Homes Inc. vs. Valdez

Sepriano claimed that he was the sole heir buthe was not and an action for nullity of

Fraudulent act cannot bind the successor ininterest. Not to look beyond the title.

As a purchaser what title will you look at?

- Only the immediate predecessor Because the title is presumed to be free

from encumbrances unless annotated,not required to go beyond the specifictitle

On the torrents system of registration you areonly to look at your predecessor because if you are to

oblige all purchasers to look at all the titles then what isthe purpose of registering it in the Torrens system if youcannot trust the title of you immediate predecessor

Document on Forged Deeds, SC said that aforged deed cannot give rise to a valid title unless passedon to an innocent purchaser of value

It is enough that petitioner had examined thelatest certificate of title which in this case was issued inthe immediate transferor. The purchaser is not bound bythe original certificate but only the certificate of title ofthe person from whom he had purchased the property

because the titles are imprescriptable.

Rabaja Ranch Development Crop. Vs AFP Retirementand Separation Benefit System

Rabaja registered free patent on 1982 and AFPhad a homestead patent on 1966. Who has the betterright?


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If there are two certificates of titles on the same property,imo sang I trace ang ilahang origin because whose originis under the torrens sytem becomes indefeasible. AFP vsRabaja Ranch

Rabaja Ranach title was on free patent on JoseCastromero given to him on 1955 but was able to registerit under the torrens system only on 1982. So that it isknown that it became indefeasible only on 1982 but AFPtitles origin from Charles was issued on 1966. Based onthe OCTs it was Charles OCT came first. Rabaja Ranchclaimed there was fraud but the SC stated that eventhough that there was fraud, if the land was transferredto an innocent purchaser for value then the transfer isvalid.

Who has Jurisdiction?Regional Trial Court has jurisdiction over

registration proceedings over lands

Exemption:

-

Delegate the jurisdiction to the inferiorcourts

a.

Subject lot is not undercontroversy or opposition

b.

Contested but the value would notexceed 100,000

Conception vs ConceptionIs it within jurisdiction of the land registration

courts to hear opposition of the deed of conveyance asordered by the court?

- SC said that the lower court has jurisdictionbecause it is just an incidental matter. The

RTC has general jurisdiction over matterspertaining to registration. That is howbroad the jurisdiction of the landregistration court is

De Los Angeles vs SantosOriginal application of registration of 12 lots in

the RTC of Rizal, there was publication and then therewas opposition by Cora Hidalgo and DL stating thathomestead patent was approved in favor of Hidalgo.They contended that lot 11 was owned by Hidalgo andregistration should be dismissed.

Issue:WON lot 11 should be included in the

registrationHeld:

SC said that it is within the jurisdiction of thelower courts to decide if in fact the applicant alreadyowned the land based on her application. DL control isonly for public land. RTC cannot be merely divested of its

jurisdiction by the mere expedient of the RTC that it wasinvalidly issued. There must be a full blown trial.

Real Actions

- Actions for real properties

Personal Actions

-Actions where personal rights areconcerned

Venue:Real actions

- the court that has jurisdiction over theproperty in question

Personal actions

- court where the petitioner or defendantresides

What type of action is your original title proceeding?- It is a real action

- RTC with jurisdiction over the property.Who has jurisdiction over the property? Itdepends on where the property is situated.

A personal action does not involve title to or interest inreal property, so your collection of sum of money ispersonal action. Damages are also a personal action.

Original registration proceeding is a real action so if theproperty is situated in Mandaue City then the courthaving jurisdiction over the case would be the courts inMandaue City.

Parties

- applicants

- oppositors

- all the world are parties binds the whole world through

publication

the rights of all the world areforeclosed by the decree of registration

torrens system of registration quietstitle to land such that no one else canclaim a right over the land becausetheir rights are already foreclosed once

the decree of registration is issued

What is the difference between a title and a certificate oftitle?

Title

- Lawful cause or ground of possessing thatwhich is ours.


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- That is why in an original registrationproceeding wala pay certificate of title, butyou are now trying to prove title orownership over the land. Once you haveproven it, a consequence is the issuance ofthe certificate of title to evidence your title.

Certificate of title

- Mere evidence of ownership, it is not thetitle of the land itself.

- Even if you have the certificate of title, butin truth and in fact you are not the realowner then the certificate of title provesnothing.

As between the title and the certificate of title, the title ismore superior than the certificate of title.

Castillo vs EscutinWhat does a tax declaration prove?

-proves of possession

- used for prescription proceedings

Introduction of which type of evidence to prove whichtype of right

- Certificate of title proves ownership, taxdeclaration merely proves possession

If one person has a tax declaration over a parcel of landand another has a certificate of title over that same parcelof land, as to determining who the real owner is, the onewho has the certificate of title has the better right, notthe person who has a mere tax declaration.

Tax declarations and corresponding tax receipts cannotbe used to prove title to ownership of a real property inas much as they are not conclusive evidence of the same.

- Because it is very easy to procure a taxdeclaration than to secure a certificate oftitle.

Types of Certificates of TitleOriginal certificate of title

- the first title issued in the name of theregistered owner by the ROD covering aparcel of land which have been registeredby virtue of a judicial or administrativeproceeding

Transfer certificate of title

- The subsequent titles issued by virtue ofsubsequent transfers. The title issued by theROD in favor of the transferee to whom theownership of the already registered land

had been transferred by virtue of a sale orother modes of conveyance.

Land Registration Commission and Its Registries ofDeeds

Land Registration Authority

- Central repository of records relative to

original registration of lands titled underthe torrents system including subdivisionand consolidation plans of titled lands.

- every time the RTC issues an orderconfirming ownership over the property,they will forward that order to the LRA, sothat the LRA can issue a decree ofregistration. After the issuance of the decreeof registration, a copy of which is also nowtransferred to the RD concerned because theRD will now transcribe the decree ofregistration. It now issues the certificate oftitle.

Organizational StructureAdministrator2 deputy administrators

Functions of an administrator:

- Issue decrees of registration pursuant tofinal judgment of the courts. Courts willorder the decree of registration because thecourt has found that the applicant is theowner of the parcel of land. The LRA willcause the issuance by the registers of deedsthe corresponding certificates of titles.

-Try to prove in court that you are the ownerof the property, if the court is convincedthat indeed you are the owner of theproperty because you have shown the tworequisites that you have OCENP and thatthe land is A and D. The court will confirmthe decree of registration after which theLRA will tell the RD to issue the certificateof title.

Is the LRA administrator a judicial or executive official?

- Executive official

- Under the supervision of the presidenttherefore his functions are executive

Is the issuance of the LRA of decrees of registrationministerial or discretionary?

- ministerial but not purely ministerial


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Gomez vs CAThe case is question where the duties of the LRA

in issuing decrees of registration are ministerial or not.

Issue:Whether or not respondent judge had jurisdiction to issuethe decision of 27 March 1985 which set aside the lowercourt's earlier decision of 6 August 1981 ad the order of 6October1981

In this case was there ever a decree of registrationentered?

- Not yet.

- It was still under the courts control. Even ifthe decision has become final because of the15 day phase. Even if there was a lapse of 15days, the order has become final but as toincontrovertibility as to the power of thecourt to see whether or not the title reallybelongs to you, it has not lapsed yet becausethe decree of registration was not yet

entered.- The SC also said that as long as a final

decree has not been entered by the LRA andthe period of 1 year has not elapsed fromthe date of entry of such decree, the title isnot finally adjudicated and the decision inthe registration proceeding continues to beunder the control and sound discretion ofthe court rendering it.

Issue to whether the duty of the LRA is ministerial:

- the duty of respondent land registrationofficials to render reports is not limited tothe period before the court's decision

becomes final, but may extend even after itsfinality but not beyond the lapse of 1 yearfrom entry of the decree

SC said that the LRA should not be limited tothe time when the case is on-going because itwill cause a haphazard making of reports. Dapatdi siya ma limited. If mu lapas na xa 1 year thenthe courts will not entertain the reports becausethe title becomes indefeasible.

Is the duty of the LRA ministerial?

-

Ministerial in the sense that they act underthe orders of the court and the decree mustbe in conformity with the decision of thecourt and with the data found in the record. If tan.aw sa LRA walay sayup di xa

maka buot, unsay naka suwat maoybuhaton

- If they are in doubt upon any point inrelation to the preparation and issuance ofthe decree, it is their duty to refer the matterto the court. they act, in this respect, asofficials of the court and not asadministrative officials, and their act is theact of the court they are specifically calledupon to extend assistance to courts in andin cadastral land registration proceedings

If naay problema nga tan.aw nila ngamaka cause ug double titling like nakaregister na siya sa homestead ug saland registration act, di na pwede maministerial kay mu samut angproblema.

Angeles vs Sec. of JusticeRDs refusing, there was already an order by the

RTC for partition of the property. Meaning makig buwagna ang property nya isuhan na ug separate titles and land

owners kay mag partition na sila awaiting orders fromthe LRA because this lot have already went throughseveral cases and it was found out that the OCT datedApril 19 1917 was spurious kay naay la.in nga May 191917. So they filed a case for mandamus against the LRAadministrator saying that ministerial ra daw imu dutysuch that kung mu ingun na ang court imu gihapongsundon.

Issue:Whether or not it was unlawful for public respondent torefuse compliance with the order of the RTC of theissuance of the TCTs in favor of the petitioners.

Held:The issuance by the LRA officials of the decree

of registration is not a purely ministerial duty in caseswhere they find that such would amount to doubletitling. Ministerial if walay problema but it is not blindministerial function that ni sulti ang RTC nga i issue adecree of registration but pag tan.aw sa records nakaregister na siya, dili pud pwede nga mu enter pud siya sadecree of registration.

Functions of the Register of Deeds1. Central repository of the city2. Immediately register an instrument if it is

presented for registration so long as it complies with allthe requisites for registration

Gurbax Singh Pabla and Co. vs Reyes

Whether petitioners (lessee) have the contractannotated? The respondents refused to surrender the


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certificate of title because 1stthey dont have knowledgeand 2ndthe contract of lease was invalid

SC said that the purpose of registering aninstrument is just to notify the whole world of theexistence of that instrument therefore the register ofdeeds does not determine if it is valid or invalid. If aninstrument is presented to him and all requirements ofregistration are present regardless of whether theinstrument is valid or not, he must register it. In fact thatis the second function of the register of deeds, to registeran instrument as long as all the requisites for registrationare present. SC also said that the supposed invalidity ofthe contracts of lease is no valid objection to theirregistration, because invalidity is no proof of their non-existence or a valid excuse for denying their registration.You want it registered because you want the whole worldto be notified of its existence. How could a party object itsinvalidity if it does not know about the instrument in thefirst place so how do you acquire knowledge of theinstrument? By registering it, registration is registration

to the whole world, but just because an instrument isregistered it does not make an invalid instrument valid ormake a valid instrument an invalid one, purpose is onlyto notify.

Balbin vs Register of Deeds of Ilocus SurDifference of this case and the earlier cases:

- RDs duty is ministerial, invalid or not theinstrument must be registered

- In this case, the SC said it was alright for theRD to deny the registration because the

procedure for registration was legallydefective, because if you ate to register aninstrument and there are more than onecopy of the title over that copy of thecertificates of title should be presented, sothat if you annotate in one title it will alsoappear in the other titles.

- There were 3 copies of the title. What waspresented was only one. The RD had theright to refuse because there were severalco-owners.

Almirol vs Register if Deeds of AgusanExhaustion of administrative remedies, you do

not have to go to the courts right away. If you have adispute against the RD you have to go first to hissuperior, his administrator. You have to let thedepartment correct themselves first before you go to thecourts

Issues:

1. Can the RD refuse an illegal title?2. Will mandamus lie to compel the RD to

register the Deed of Sale

Held:1. Whether the document is valid or not it is not

in the RD to determine but it is the court with competentjurisdiction

2. Mandamus does not lie to compel the registerof deeds to make registration. Theadministrative remedy must be resorted to bythe interest party before he can have recourse tothe courts. Exhaust first the administrativeremedies.

ORIGINAL REGISTRATIONSec 14Who may apply?

1.

OCENP of alienable and disposable lands of thepublic domain under a bona fide claim ofownership since June 12, 1945

2.

Prescription3. Accession or Accretion4.

Any other manner provided by law

3 co-owners want to register their land

- All co-owners should apply

- When land is still not registered your co-owner of the parcel of land, you cannotattribute to yourself a specific portion. Youonly have allocated share even if you havedesignated among yourselves the share.

Prior to registration there is no partition yet.

Sales with right to repurchaseWho may apply?Vendee a retro

- Application for original registration filedfirst before the sale vendee a retro maysubstitute after redemption period hasexpired

- deed of sale executed prior to filingapplication or petition for originalregistration; deed of sale may be annotated

Vendor a retro

- May file for original registration if the salepreceded the registration because he is infact the owner.

- How does a vendor a retro protect his rightif the repurchase period has not yetexpired?


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o Alligate in the certificate of titleo But if nag una ang registration but

while the proceedings are pendingthen pwede xa ma substitute savendee a retro. Any one of themmay file depending on thecircumstances.

Truststrustor or the trustee

Sec 14 (1)Those who by themselves or through their

predecessors-in-interest have been in open, continuous,exclusive and notorious possession and occupation ofalienable and disposable lands of the public domainunder a bona fide claim of ownership since June 12, 1945or earlier.

What are the requisites in order to comply1. Alienable and disposable

2. OCENP3. Possession under a bona fide claim ofownership since June 12, 1945 or earlier

Republic vs CA and NaguitIs it necessary that during the entire period of

possession it is already alienable and disposable?

- Because Naguit presented that hispredecessors in interest was alreadyoccupying it since June 12, 1945

- But it was only declared A and D on Oct.15,1980

SC said the more reasonable interpretation ofsec. 14 (1) is that it merely requires that theproperty registered was already A and D at thetime of application for registration. Does notneed dating back to June 12, 1945 that it isdeclared alienable and disposable, to do thatmeans that there would be no more lands thatare going to be registered.

The land is already A and D at the time ofapplication so that if you register tomorrow,make sure that the land is already A and Dtoday basta before application for registration

Ong vs RepublicIssue is whether he is able to prove possession

and occupation:During the trial, Ong failed to prove possession

and occupation. A tax declaration is good indicator ofpossession and the oldest that they could present was1971 tax declaration

SC said that the Ong brothers admitted that theydid not possess and occupy the land.

Possession aloe is not sufficient to acquire title toalienable lands of the public domain because the lawrequires possession and occupation unlike in the case ofNaguit he was able to prove possession and occupationof the land by introducing improvements

Acts of possession of the land consists of theadministration of acts of dominion

Malabanan vs Republic

Should lands subject of application for originalregistration be alienable and disposable during the entireperiod of possession?

NO,Malabanan is a reiteration of the Naguit case

Section 14 (2)Prescription- Those who acquired ownership of private

lands by prescription under the provisions of existinglaws

- Through lapse of time

1. Ordinary acquisitive prescriptiona.

Requires good faithb.

Just titlec. Possession of 10 years

2.

Extraordinary acquisitive prescriptiona.

Does not require good faith

b.

Does not require just titlec.

Possession in 30 years

May state property be acquired throughacquisitive prescription?

- General Rule: No but exception is patrimonialpropertiesPatrimonial property

ARTICLE 1113All thins which are within the commerce of men

are susceptible of prescription, unless otherwiseprovided, property of the state or any of its subdivisionsnot patrimonial in character shall not be subject ofprescription, it tells you that patrimonial property may besubject to prescription.

ART 421(what types of properties are patrimonial)All other property not belonging to 420 are

patrimonial

When can you say there is good faith?


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- Belief of that person that he has acquired theproperty from someone with right to transmit ownership.The belief that the person had every right of the propertyand to transmit.

Malabanan vs Republic- Possession and occupation did not date back to

june 12, 1945- tax declaration was only 1948- Sec 14(2)

> Even though classified as alienableand disposable it does not mean it willchange the character of the land topatrimonial property> must be changed by an executive orlegislative act

-Application for registration was filed on 1998> Alienable and disposable> 1948 to 1998 (50 years)> Way beyond the 30 year period for

prescription

Why did the SC say that Malabanan still has not acquiredthrough acquisitive extra ordinary prescription when infact he can present evidence that he possessed it since1948 or 50 years back

- Not yet patrimonial property and outside thecommerce of man.Would you count his possession from 1948 to 1982,would you count that?

- SC states that possession prior it beingpatrimonial property cannot be counted because youstart counting when it is declared patrimonial property.When the government says that it is no longer intended

for public use or development of national wealth, thestate would declare it through a legislative act orpresidential proclamation if the law allows it. In this casewhat was shown only was a certificate that it wasalienable and disposable. SC said that it was not enoughfor prescription to set in or run. There must be an expressdeclaration by the state that the public dominionproperty is no longer intended for public service or thedevelopment of the national wealth or that the propertyhas been converted into patrimonial without suchexpress declaration, the property even if classified as Aand D remains property of public dominion pursuant tothe civil code.

It is only when such alienable and disposablelands are expressly declared by the state to been longerintended for public service or for the development ofnational wealth that the period of acquisitive prescriptioncan begin to run.

When section 14 (2) of the property registrationdecree explicitly provides that persons "who have

acquired ownership over private lands throughprescription under the provisions of the registering lotsunmistakably refers to the civil code as the valid basis forthe registration of lands.

Section 14(1) vs. section 14(2)- based on possession- enough that the land is classified as A and D beforeapplication of registration, so long as possession andoccupation dates back to June 12, 1945 or earlier- so long as the property is classified as A and D (beforeregistration ) and possession and occupation dates backto June 12, 1946 or earlier, the number of years ofpossession and occupation is material.

> Prescription> Not enough that it is declared as A and D; it must bedeclared by the state as patrimonial property and theremust be a declaration by the state that it shall be nolonger used for the development of the state or nationalwealth

Sec. 14 (3)Those who have acquired ownership of private

lands or abandoned river beds by right of accession oraccretion under existing laws.

Accession

- Change of the course of the river such thatthe new course would affect someone elsesland

- The dried up land, kung kinsa tong naaffected sa pag change sa course sa river

iyaha natong land, of course there is theright of the adjoining owner to buy thatproperty.

Accretion

- Caused by the deposits of the rivers due toits currents

Republic vs AbrilleWhat were her reasons for having amended the

subdivision plan?- Davao river dried up and then she alleged that

her land expanded

Issues:WON the lower court erred in ordering the

cancellation of TCT

It does not mean that because the adjacent land,the dried up river, was already registered land does notautomatically convert the alluvial deposit of that dried up


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river as registered land. You have to apply forregistration. It is still considered unregistered land.

SC said that just having a subdivision planamended just to include the excess does not bring itunder the operation of the torrens system. Acquisition isone thing and imprescriptability under PD 1529 is quiteanother.

Just because the civil code says the riparianowner owns that, it does not mean it is automaticallyprotected by the torrens system. You still have to registerit. Lower court was correct in cancelling the TCT.

Grande vs. CALand of the petitioners and the northern

boundaries of the Cagayan River and land were formedby alluvial deposits. It was then entered into Calulungsince 1948. The petitioners are now filing for quieting oftitle because they say they own it by virtue of the civilcode for the riparian owner owns it.

Issue:Whether the accretion becomes automatically

registered land just because he lot which receives it iscovered by the torrens title thereby making the alluvialproperty imprescriptible

SC said by virtue of the civil code the riparianowner owns the alluvial deposits but that does not meanthat just because the riparian owners land is registered,that does not make the alluvial deposits registered also.You also have to register it to protect it from somebodyelse. Someone else may still occupy it adversely through

prescription.

Ownership of a piece of land is one thing andregistration under the torrens system is quite another.Ownership under the accretion received by the adjoiningriver is governed by the Civil Code, imprescriptability ofthe registered land is provided in the registration law.

The effect of the torrens system of registration isto quiet title to land so that you dont have to be in everysquare inch of that land to protect it. You are alreadyprotected by its registration.

Ignacio vs. Director of LandsThe question was whether deposits that result

from the current of Manila bay can be considered alluvialdeposits as referred to by the Civil Code.

- The SC said no, it is part of the sea. The civilcode is clear that accretion is the result fromthe currents of the river. Therefore itbecomes land of public domain for

whatever deposit that may be caused by thesea is still part of public domain.

Heirs of Navarro vs IAC

Issue:Whether may the land sought to registered be

deemed an accretion in the sense that it naturallyaccretion favor of the riparian owner or should the landbe considered as foreshore land? Was it Manila bay or thetwo rivers?

Requisites of accretion1. The accumulation of the soil sediments be

gradual and imperceptible2.

Made through the effects of the current ofthe river

3. Land where accretion takes place is adjacentto the banks of rivers

The SC said that the 3rdrequisite is lacking. The

accretion be attributed to either or both of theTalisay and Bulacan rivers the alluvium shouldhave been deposited to either or both to theeastern and western borders not to the northernportion.

Section 14(4)

- those who have acquired ownership of landin any other manner provided by law

+ land grants, presidential proclamations,legitimate acts

Rights under the indigenous peoples rights act(libug ni dapita, antosa nalang tawn ni kay apil nakos mangawala ka sabut sad)

Purpose

- The law allows indigenous peoples toobtain recognition of their right ofownership of ancestral lands and ancestraldomain by virtue if native title.

Constitutional bases if IPRA lawSec 2 art 2

- The state recognizes and promotes therights of indigenous cultural communitieswithin the framework of national unity anddevelopment

Sec 5 art 12

- The state, subject to the provisions of thisconstitution and national developmentpolicies and programs, shall protect therights of indigenous cultural communities


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to their ancestral lands to ensure theireconomic, social and cultural well being

- The congress may provide for theapplicability of customary law governingproperty rights or relations in determiningthe ownership and extent of ancestraldomain.

Sec 6 art 13

- The state shall establish a special agency fordisabled persons for the rehabilitation, self-development and self-reliance, and theirintegration into the mainstream of society.

Sec 17 art 14

- The state shall recognize, respect andprotect the rights of indigenous culturalcommunities to preserve and develop theircultures, traditions and institutions. It shallconsider these rights in the formulation ofnational plans and policies.

Native tile vs. ownership of land by acquisitiveprescription

Native title

- Never became part of the public domain

- Exception to the Regalian doctrine

- There were lands that were neverconquered at all

Acquisitive prescription

- It is part of the public domain and becameA and D, by virtue of possession by certainnumber of years the possessor acquired itby prescription

Ancestral domains

- An individual cannot own ancestraldomains

- It is owned by the community (communalownership)

- Cannot be owned by a single individual

- Refers to all areas generally belonging toICCs or IPs comprising lands, inlandwaters, coastal areas, and natural resourcestherein, held under a claim of ownership,occupied or possessed by ICCs/IPs, bythemselves or through their ancestors,

communally or individually since timeimmemorial, continuously to the presentexcept when interrupted by war, forcemajureor displacement.

Ancestral lands- More on individual ownership- Owned by the members of the ICCs or IPs

Ownership of natural resources- State owns the natural resources

Preferential or priority right- Stewardship or management- They will take care of the management but

state still obtains ownership

Identification and delineation of ancestral domain

- Self-delineation Members of the ICCs to determine

which part of the domain they own

They know better which belongs totheir group

The official delineation of ancestral domain boundariesincluding census of all community members therein shallbe immediately undertaken by the ancestral domainsoffice upon filing of the application by the ICCs/IPs

concerned. The first step is self-delineation then file apetition or application to the ADO.

Proofs of ancestral domain claims- Testimony of elders in community under oath- Other documents directly or indirectly

attesting to the possession or occupation of the area sincetime immemorial by such ICCs or IPs in the concept ofowner

ADO shall prepare a map, complete withtechnical descriptions and descriptions of the naturalfeatures and landmarks embraced therein

Basic documents of the delineation process- approved and valid survey plan

- petition for delineation

Posting and publication

- Newspaper of general circulation

- There should be posting and publication

- Posting is always a requirement

- Radio only comes in when there is nonewspaper

A copy of each document including a translationin the native language of the ICCs/IPs concerned shall be

posted in a prominent place therein for at least 15 days. Acopy of the document shall be posted at the localprovincial and regional offices of the IPs and published ina newspaper of general circulation once a week for 2consecutive weeks from the date of publication. If there isno newspaper of general circulation in the area thenposting and radio. If there is no radio and newspaperthen posting lang. Kailangan gyud nay posting.


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Steps:Self-delineationPetition for delineation submitted to ADOEndorse to NCIP

NCIP

- National commission of indigenous persons

-Issues the certificate of ancestral domain

Allocation of lands within the ancestral domain- The ICCs or IPs concerned

Lands claimed by the ICCs or IPs not under the ancestraldomain

- Then not the ICIP who will grant them- No longer within the ancestral domain

What procedure will you follow?

- First the individual and indigenouscorporate claimants of ancestral lands

which are not within ancestral domainsmay have their claims officially establishedby filing applications for the identificationand delineation of their claims with theADO. The same procedure as when theICC/IP themselves will file for delineationfor their ancestral domain.

- If dili part of the ancestral domain ang giclaim sa individual claimant who is amember of an ICC/IP then the procedurewill be the same. Now you go to the ADO.

The one who has power to allocate is the ICC/IPthemselves but if wala sa ancestral domain then

you have to go through the same process aswhen an ICC/IP is claiming an ancestraldomain. Go before the ADO.

An individual, family or clan may file suchapplication in his behalf or in behalf of his family or clanand the proofs of such claim will be of course your taxdeclaration, proofs of payment of taxes, and testimony ofelders.

What will the NCIP issue?

- The Certificate of Ancestral LandsTitle(CALT)

-

Same procedure, only apply if the landalready claimed is not already recognized.

Registration of CADT and CALT- Registration of CADT and CALT before their

RDs result to the issuance of a certificate of title?- No, it does not mean there is an issuance of a

certificate of title.

The effect is that you just make notice to the whole worldthat this is an ancestral domain and that this is anancestral land.

The recording of the CADT and CALT in the office of theRegister of Deeds does not result in the issuance of aTorrens certificate of title, like a Torrens title issuedthrough regular registration proceedings. The purpose ofregistration is simply to apprise the public of the fact ofrecognition by the NCIP of specific claims to portions ofancestral domains or ancestral lands.

May part of an ancestral domain be subject to alienation?

- No, it is communal propertyHow about ancestral lands?

- May be subject of registration under thepublic land act or PD 1529

Is it necessary if I am an individual claimant belonging tothe ICC/IP and I want my CALT to be issued in a torrens

certificate of title, is it necessary that I show proof that theland is A and D?

- No, IPRA, for purposes of registration, hasalready expressly converted the ancestralland into public agricultural land. Publicagricultural lands are the lands in which areA and D.

You may be issued a Torrens certificate of title by virtueof an original proceeding and your proof is your CALT,what is the effect of that Torrens certificate of title?

- Same effect as your normal registrationunder the Torrens system. It becomesindefeasible.

National Commission on Indigenous Peoples (NCIP)Is an independent agency under the office of the

president and is composed of 7 commissioners belongingto ICCs/IPs from different ethnographic areas who areappointed by the President.

What is the purpose of the NCIP?- protect and promote the interest and

well0being of the ICCs/IPs with due regard to theirbeliefs, customs, traditions and institutions.

What is the jurisdiction of NCIP?- Exclusive jurisdiction of all disputes andapplications involving ancestral domains and ancestrallands

- Before the NCIP can assume jurisdiction itmust exhaust all remedies within the ICCs/IP. They mustresolve their own problem first before going to the NCIP.


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Specific Powers and Functions:1.

Formulation of policies, issuance of rulesand regulations

2. Resolution of conflicts3. Issuance of CADT/CALT4.

Cancellation of ancestral domain andancestral land titles

5.

Issuance of certification as a precondition tothe grant of permit

6.

Power to cite for contempt, issue restrainingorder

Application for Land Registration Information:1.

Full description of the land as evidenced bysurvey plan duly approved by the DL,surveyors certificate, and technical description

2.

Citizenship and civil status of the applicant,whether single or married, and , if married, thename of the wife or husband, and, if themarriage has been legally dissolved, when and

how the marriage relation terminated3.

Full names and addresses of all occupants of theland and those of the adjoining owners, ifknown, and , if not known, it shall state theextent of the search made to find them

4.

Assessed value of the land and the buildingsand improvements

5. Whether or not there are mortgages orencumbrances of any kind whatsoever affectingthe land, or any other person having any interesttherein, legal or equitable, or in possessionthereof

6.

The manner by which the applicant has acquiredthe land

7.

Whether or not the property is conjugal,paraphernal or exclusive property of theapplicant

8.

Names of all occupants of the land9.

Original muniments of title and other relateddocuments supporting applicants claim ofownership

10.

If the land is bounded by a public or privateway or road, whether or not the applicant claimsany and what portion of the land within thelimits of the way or road, and whether theapplicant desires to have the line of the way orroad determined

How many copies of the application should be prepared?3 copies1.

Clerk of Court2. Land Registration Authority3.

Solicitor General

Before Filing of the application, the applicant hasfurnished the Director of Lands (now Regional Executive

Director of the DENR) with a copy of the application andits annexes.

Other documents accompanying the application:1.

Certified copy of the original tracing clothplan

2. The white or blue print copies of the plan3.

Original and two copies of the technicaldescriptions certified by the RegionalTechnical Director

4. The original and two copies of the GeodeticEngineers certificate

5.

A certificate in triplicate of the Provincial,City or Municipal Assessor of the assessedvalue of the land at tits last assessment fortaxation

6.

All original muniments of title of theapplicant which prove his ownership of theland

Person not living in the Philippines can file for

original registration here in the Philippinesprovided that there is a representative havingspecial power of attorney filing for registrationin behalf of the non-resident.

- Sec. 16 allows non-residents to apply forland registration

- Must name an attorney-in-fact or else thecourts will not acquire jurisdiction

Where do you file the application?

- File in the RTC where the land is situatedo

It is the exclusive jurisdiction ofthe RTC but there are exceptions:

Where the lot is not the

subject of controversy oropposition

Where the lot is contestedbut the value thereof doesnot exceed P100,000

Steps in brining land under the Torrens System1.

Survey of land by the Land ManagementBureau or a duly licensed private surveyor

2.

Filing of application for registration3.

Setting of the date for initial hearing4.

Transmittal of the application and the dateof initial hearing together with all thedocuments or other evidences attachedthereto by the Clerk of Court to the LandRegistration Authority

5. Publication of the notice of the filing of theapplication and date and place of thehearing in the Official Gazette and in anewspaper of general circulation


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6.

Services by mailing of notice uponcontiguous owners occupants and thoseknown to have interests in the property

7. Posting by the sheriff of the notice in aconspicuous place in the land and in thebulletin board of the municipal building orcity where the land is situated

8.

Filing of answer to the application by anyperson whether named in the notice or not

9.

Hearing of the case by the court10. Promulgation of judgment11.

Issuance of an order for the issuance of adecree declaring the decision final andinstructing the LRA to issue the decree ofconfirmation and registration

12.

Entry of the decree of registration in theLRA

13.

Sending of copy of the decree of registrationto the corresponding RD

14.

Transcription of the decree of registration inthe registration book and the issuance of the

owners duplicate original certificate of titleto the applicant by the RD, upon paymentof the prescribed fees

Application covering two or more parcels of land:

- A single application may be filed for two ormore parcels of land provided that they aresituated in the same province or city. Thecourt may at any time order the splitting orstriking out of one or more parcels, or allowamendments to the application, including

joinder, substitution or discontinuance as toparties upon such terms as may be just andreasonable

When there are amendments for substantial change in theboundaries or an increase in area:

- Publication is required

- Without publication the court does notacquire jurisdiction over the additionalportion of land

- The judgment is only valid to the extentonly to the land included in the publication

If the land published is more than the actual land area, isthere a requirement for another publication?

- There is no more need to publish because

no rights are encroached.

What piece of document evidences that the land wasindeed surveyed?

- Original tracing cloth

Who approves the survey plan or tracing cloth?

- Director of Lands and the Land BureauManagement

If the survey plan was lost:

- Inform the court that the survey plan waslost and provide evidence that there wasactually a survey plan but was just lost.

- Can allege in the application that the surveyplan was lost

or

- Let the land be resurveyed

Carpo vs Ayala LandSps. Carpo applied for quieting of title over a

parcel of land. Ayala Land contends that the title actuallyencroaches over a portion of the Carpos. Ayala Landstitle was from 1950 while the title of the Carpos datesback to 1970.

Issue:

Who had a better right over the property?Held:

RTC quoted Ayala in not alleging in their answer thatthere was no survey conducted. SC stated that Ayala wascorrect in merely relying on the certificate of title that itwas correct and that because there was an original titlethen there was a presumption that there was a surveyconducted. What is the reason why the SC said Ayalawas correct in relying on the Certificate of Title?

- Presumption of regularity in performing theduties of the LRA. Upon the issuance of theTorrens title, it presupposes that theapplicant fulfilled all the requirements of

Torrens title.- Also that the person who alleges that there

was no survey conducted has the burden ofproof in proving his allegations.

Since Ayala registered the land first and their title waspresumed to be regularly applied then we apply theprinciple First in time, Stronger in Right.

Applied for registration of land, complied witheverything that the law requires, several weeks later thecourt sent a letter requesting for additional documents

because they wanted to verify several information, maythe court do this?

- Yes, under sec.21, the court may requireseveral additional facts and papers

- The court is not merely limited to what isalleged in the application. It may ask forseveral documents as well as inspect theland applied for.


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Publication:

NOTICE OF INITIAL HEARING:

Q: who sets the date of initial hearing or the originalhearing?

- the court

-the duty and the power to set the hearing tadelies with the land registration court

Once the court determines the date of the initial hearing,what the does the court gives out?

- an order

- After the date is set, the court shall issue anorder setting the initial hearing date.

- Then it is mailed by the clerk of courts to theLRA

In this process the applicant has no involvement yet, soagain the COURT determines the initial hearing, then

issues an order and then DIRECTS the clerk of courts toSEND a notice to the LRA.

Director of lands vs CA & Abistado

Facts:In this case, Abistado(A) filed a petition for registration ofhis land, and then, the land registration dismissed hispetition because they DO NOT HAVE JURISDICTION.

Why? Why did the lower court say that it did not havejurisdiction?

- Because there was only a publication in theofficial gazette and NO PUBLICATION in a

NEWSPAPER of general circulation.

What does your PD 1529 require?

- SECTION 23 requires both publication in theofficial gazette and newspaper of generalcirculation.

SC:

- section 23 is mandatory in character it says thatthere must be publication in the OG &Newspaper of general circulation.

- Yes section 23 says that OG is sufficient but bypracticality and DUE PROCESS its not enough

that you will publish only in the OG. Because itis not widely read.

- So it is DUE PROCESS and the REALITY thatOG is not widely read as circulated asnewspapers.

PURPOSE:

Why is there a need to publish?

- the purpose of publication is than in the OG forthe court to acquire jurisdiction over the caseAND in the Newspaper of general circulation asa notice to the whole world of the proceeding.

- TWO FOLD PURPOSEo To confirm jurisdictiono To give notice to the whole world

Mailing

Is mailing mandatory?

- yes, as stated in section 23 of PD 1529

- MAILING, PUBLICATION & POSTING ARE

MANDATORY

So to whom shall you mail?

- 1stto the persons interested in the application 7days after publication of the notice in the OG

- if specific cases:o to the Secretary of Public works and

highways, governor and mayor of thearea if to have the line of a public wayor road determined.

o to the Secretary of Agrarian Reform,Solicitor General, Director of Lands ifthe land borders on river, navigablestream or shore or an arm of the sea.

-2nd Solicitor General

o representative of the government inoriginal registration proceedings

Posting

when and where?- when: within 14 days before the initial hearing- where: conspicuous place in the land to be

registered & bulletin board of the municipality or citywhere the land is situated

- MANDATORY


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Order of General Default

- if no person appears and answers within thetime allowed, the court shall, upon motion of theapplication, order a default entered and requireapplicant to present evidence.

-The order of GENERAL default by the namegeneral it is directed against the whole world,the whole world is made a party

Order of Special Default

- when an appearance has been entered andanswer filed, a default order shall be enteredagainst persons who did not appear an answer

- to those who did not enter their appearance orsubmit an answer directed to specificindividuals and those who did not enter theirappearance.

Effect of failure to appear

- Oppositor files an opposition but fails to appearat the initial period.

- He will not be considered in default, unlike yourorder of special default,

- When you say default waka file sa judge oganswer, pero kung naka file na sya but failed toappear he is not declared to be in default.

Effect of Failure of OSG to file an opposition

- even if the OSG fails to oppose, not barred to file

an appeal- the government is not estopped by the mistake

or error of its officials or agents

Belated Filing of an Appeal by the State

- if the OSG failed to file the opposition appeals,but opposition is belated, may CA dismiss the case?

RP vs TIOTIOEN

- the belated filing of an appeal by the state, oreven its failure to file and opposition, in a landregistration case because of the mistake or errorof its agents does not deprive the right of thegovernment to appeal of a judgment of the court

- because of the principle that the State cannot beestopped by the errors of its officials or agents

- you cannot let the government suffer by theincompetence of its officials or agents

- it is a well known and settled rule in ourjurisdiction that the Republic or its government,

is usually not estopped by mistake or error onthe part of its officials or agents

Disposition of Case

Within how many days may a LRC decide on a landregistration case?

-within ninety days from the date the case issubmitted for decision

- starts from the time the case is finished

Referee S.27

Who is the referee?

- usually the clerk of court

- the court may still receive evidence if it feels thatit is more prudent and necessary that the courtshould receive evidence

- for speedy disposition of land registration cases

May land subject of application still be subject ofalienation or encumbrances?

- Yes. Section 22 tells you that even of your land isunder or pending original registration, theapplicant may still sell the land or encumber theland it will not stop the applicant because he isthe owner of the property.

- Doesnt mean that it is under a land registrationproceeding that he cannot alienate or encumberanymore.

Test ni Mam pag July 24,20131. When does judgment in an original registration

proceeding become final?- becomes final 15 days from the notice of the

decision

2. If there was already an order by the land registrationcourt for the issuance of the decree but after 30 years theLRA still has not issued the decree, is it proper for theapplicant to petition to the court for revival of judgment?yes or no, explain briefly

- No, land registration proceeding is declaratoryin character therefore it does not prescribe. Youdon't have to revive the judgment. The properrecourse is with the LRA because it is ministerialin their part.

3. Title of the case related to the number 2 question- Republic vs. Nillas

4. Mr. A applying for registration of original registrationand his application has been granted by the LRC. Mr Awants to evict Mr B who has been possessing the landeven prior to the grant of the LRC. Will the writ of


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execution issue against Mr. B? Yes or No. No explanationneeded

- Yes

5. Mr. A also wants to evict Mr. C who entered upon theland after the confirmation of ownership in the landregistration proceeding. Will a writ of possession issueagainst Mr. C.? Yes or NO. No explanation needed

-No, if a person enters into the property after, itcannot be a writ of possession lang. You have tofile a case for ejectment because these personswho enter into the property after would have tohave their day in court.

6. In Vencilao vs Vano, what is said to be a complementto a writ of possession?

- Writ of demolition, if there is an occupant andbuilt structures in the land that you don't likeyou can demolish it.

7. If there is a writ of possession issued by the LRC but

the occupant refuses to vacate. Will the refusal to vacateconstitute contempt of court? Yes or No

- No, because it is incumbent upon the sheriff touse legal force to evict or eject the occupant.

> When will it constitute contempt of court?

- when the occupant was evicted but returned tothe land

8. Who classifies public Lands?

- executive department

9-12. enumerate the classification of public lands

- timber/forest

-mineral

- national parks

- agricultural

13. May possession of a forest land for over 30 years ripeninto ownership? Yes or No, give the title of the case

- No, Director of Lands vs CA and Bisnar

14. Will forest or mineral lands forever be under stateproperty? or can they be owned by private individuals? Ifso when?

- No, may be owned by private individuals byway of patent, reclassification or conversion,

declaration that it is patrimonial property

15. Can the use of state property be converted topatrimonial?

- No, Laurel vs Garcia

Non-registrable properties- There is only one kind of public land that can

be registered and that is patrimonial land. The rest cannotbe registered except agricultural lands.

When OCT Takes Effect

Dates Found on the OCT3 dates:1. date if issuance of the decree2. entry of the decree to the LRA3. transcription by the registry deeds

On the date when judgment was made, who issues thedecree?

- Land Registration Court

How about the entry of the decree?- Land registration authority

How about the transcription?- register of deeds

Significance of the three dates:

3 dates:1.

date if issuance of the decree

- this is when you count for 15 days before thejudgment will become final and executory

- this is where you can file an Motion forReconsideration or Appeal2. entry of the decree to the LRA

- this is where we count the 1 year

-after this one year then the title becomesindefeasible

- you can file for petition for review on theground of fraud.3. transcription by the registry deeds

- time when the decree of registration is enteredin the LRA then forwarded to the RD and thenthe RD transcribes it. OCT is made. This is whenyour OCT takes effect. This means that if thereare 2 titles covering the same parcel of land, youha

Documents

MidTerm Transcription Land Titles