Land Titles and Deeds

Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

I. General Concepts in Land Registration

A. Importance of Land Registration -

1. Provide order and stability in society by creating security in property ownership

not only for landowners but also for investors, bankers, government, etc.

2. The systems of land registration are frequently directed at protecting the interests
of individual landowners but they are also instruments of national land policy and
mechanisms to support economic development.

B. Function of Land Registration

1. Every land administration system should include some form of land registration,
which is a process for recording, and in some countries guaranteeing, information
about the ownership of land.

2. Land registration is a process of official recording of rights in land through deeds

or as title on properties. It means that there is an official record (land register) of
rights on land or of deeds concerning changes in the legal situation of defined
units of land. It gives an answer to the questions who and how. In some country’s,
this information regarding ownership of identifiable parcel units are contained in a
cadastre

3. The function of land registration is to provide a safe and certain foundation for the
acquisition, enjoyment and disposal of such rights in land.

C. Meaning of Registration

1. In general, registration means any entry made in the books of the registry
including the cancellation, annotation and even the marginal notes.

2. In its strict sense, it is the entry made in the registry which record solemnly and
permanently the rights of ownership and other real rights.

3. The mere presentation of a document is not equivalent to registration.

D. Title and Deed System Distinguished

1. Deed Registration - the deed itself, being a document which describes an

isolated transaction, is registered. This deed is evidence that a particular
transaction took place, but it is in principle not in itself proof of the legal rights of
the involved parties and, consequently, it is not evidence of its legality. Thus
before any dealing can be safely effected, the ostensible owner must trace his
ownership back to a good root of title.

2. Title Registration - it is not the deed describing the transfer of rights but the legal
consequence of the transaction or the right itself that is registered. With this
registration the title or right is created. This system shifts the balance significantly
towards facility of transfer. It provides a public register of interests in land and
enables a purchaser who complies with the system to acquire ownership free of a
prior interest which is not recorded in the register.

Page 1 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

3. Deed registration is concerned with the registration of the legal fact and while title
registration is concerned with the legal consequence of that fact. In other words,
the relation between deed and title registration is similar to the relation between
legal facts and legal consequences.

E. Land Adjudication and Land Registration (Registration of Title)

1. Adjudication is the first function that the system of land registration has to fulfill. It
is the most common form of first or original registration. In most cases it is called
land titling. It deals with the initial compilation of land titles in the registers through
the determination of tenurial right holder to the land.

F. Subsequent Transactions and Transfers of Right (Registration of Deeds)

1. Takes place when a deed or instrument affecting land is made of public record
after the date of its original registration.

2. Simple transfer of rights - a person takes the interest of person in a property

unit as the same well-defined parcel.

3. Transfers of rights with property changes - The transaction caused the

formation of a new property unit. In this kind of transfer the property as a unit and
not only the interest on the property changes as a result of the transfer. This
means that the existing registers have to be updated due to subsequent changes
in the boundaries of the parcel by reason of subdivision or consolidation of the
property. This changes are caused by subdivision or consolidation of land and
involves an elaborate procedure of delineation of the new property unit/s. The new
owner or his interest will have to be connected to the newly formed parcels.

G. General Legal Principles in Land Registration

1. The Booking - a change in real rights on an immovable property, especially by

transfer, is not legally effected until the change or the expected right is booked or
registered in the land register;

2.The Consent - the real entitled person who is booked as such in the register must
give his consent for a change of the inscription in the land register;

3.The Publicity - the legal registers are open for public inspection, the published
facts can be upheld as being correct by third parties in good faith and can be
protected by law; and

4.The Specialty - the concerned subject (owners and rights holders) and object
(real property defined as a parcel) is unambiguously and clearly identified.

H. Effect of Registration in the Torrens System

1. The Mirror Principle - the register is supposed to reflect the correct legal
situation on the parcel;

2. The Curtain Principle - no further historical investigation on the title beyond

what is stated register is necessary; and

Page 2 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

3. The Insurance or Guarantee Principle - the State guarantees that what is

registered is true for third parties in good faith and that a bona fide rightful
claimant who is contradicted by the register is reimbursed from an insurance fund
of the state.

II. Torrens System

A. Background

B. Purpose of the Torrens System in General

1. One is to provide security of ownership, that is, it should protect an owner against
being deprived of ownership except by his or her own act or by specific operation
of a legal process such as expropriation or debt collection.

2.Provide facility of transfer, that is, it should enable anyone, particularly a

purchaser, to acquire ownership easily, quickly, cheaply and safely. Unfortunately,
the measure designed to achieve one of these purposes is likely to militate
against achieving the othe

C. Aims of the Torrens System

1. Title to land should be acquired by registration;

2. Title to land should be, as far as possible, secure and indefeasible;

3. A purchaser should not need to go behind the register to investigate the “root” of
the title;

4. The register should reflect as accurately as possible the true state of title to land
so that persons who propose to deal with land can discover all the facts relative to
the tile;

5. The system for the transfer of land should be efficient, effective and simple; and

6. There should be an adequate compensation where an innocent purchase owner

has suffered loss due to the operation of the system.

D. Torrens System in the Philippines

1. Mirror and Curtain Principles

a) Original Registration

(1) Through Court Registration Proceedings Confirming Title to Land

(a) Ordinary (Chapter III, Part 1) - Voluntary

(b) Cadastral (Chapter III, Part 2) - Compulsory

(2) Through Registration of Patents Issued by the Government (Section 103,

PD 1529)

b) Identification of Owners and Tenure Holders

Page 3 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

(1) Statement of personal circumstances in the certificate. (Section 45 of PD

No. 1529)

c) Identify of the Land

(1) Survey of the land before registration (Section 15 for original voluntary
registration and Section 35 and 36 for Cadastral)

(2) Approval of the subdivision survey of the land before issuance of new
derivative titles; (Section 50, PD No. 1529)

d) Indefeasibility of Title

(1)Every registered owner receiving a certificate of title in pursuance of a

decree of registration and every subsequent purchaser of registered land
taking a certificate of title for value and in good faith holds the same free
form all encumbrance except those noted in the certificate. (Section 44, PD
No. 1529);

(2) No title to registered land in derogation of the title of the registered owner
shall be acquire by prescription. (Section 47, PD No. 1529)

(3) A certificate of title shall not be subject to collateral attack. It cannot be

altered, modified or cancelled except in a direct proceeding in accordance
with law (Section 48, PD No. 1529)

(4) Case Law: Where innocent third persons relying on the correctness of the
certificate of title issued, acquire rights over the property, the court cannot
disregard such rights and order the total cancellation of the certificate for
that would impair the public confidence in the torrens system. (Soliven v.
Francisco, GR No. 51450, Feb. 10, 1989; Duran v. IAC, GR No. L-64159,
Sep. 10, 1985)

e) Exceptions to Indefeasibility

(1) Statutory Liens and Restrictions

(a) Liens, claims or rights under the law which are not required to appear
of record in the Registry of Deeds

(b) Unpaid real estate taxes levied and assessed within 2 years

(c) Public high ways/canals or private way if the title does not state that
the boundaries of such highway have been determined

(d) Disposition pursuant to agrarian reform law

(e) Registered land are subject to burdens and incident as any arise by
operation of law.

(f) Registered owners not relieved of the following incident on land.

i) Rights incident to marital relation;

ii) Landlord and tenant

Page 4 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

iii) Liability to attachment or levy on execution

iv) Liability to any lien of any description established by law on the

land and the buildings

v) Change the laws of descent

vi) Rights of partition between co- owners

vii) Right to take the same by eminent domain

viii) Liability to be recovered by an assignee in insolvency or trustee

in bankruptcy under the laws relative to preferences

ix) Change or affect in any way other rights or liabilities created by

law and applicable to unregistered land, except as otherwise
provided in this Decree.

(g) Restrictions on Patents-

i) In General - free patents and homestead patents issued by the

government are subject to restrictions regarding transfer and
mortgage under Sections 118, 119, 120, 121 and 122 of the
present Public Land Act. Sales patents on the other hand are
covered by Sections 121 and 122. A qualified restrictions on all
patents sold be national cultural minorities are covered by Section
120. Republic Act No. 730 that provides for the direct sale of
residential lands has restrictions on transfer and encumbrance of
15 years, however, the same was removed by Presidential Decree
No. 2004 in 1985 declaring that paragraph 2 of the said law is too
onerous and prevents utilization of the land. Republic Act No.
10023 altogether removed the restrictions that are attached to
Free Patents under Section 5. The policy of the government
recently is to encourage he development of formal land market by
making the titles to the land tradable.

ii) All public land patents issued to applicants does not convey title
to all kinds of mineral resources as the same remain to be
property of the State. (Section 110, PLA)

iii) The land patented shall likewise be subject to public servitudes

that exist upon lands owned by private persons, including those
with reference to the littoral of the sea and the banks of navigable
rivers (Section 111, PLA).

iv) The state likewise reserves a right of way not exceeding sixty
(60) meters for public highways, railroads, irrigation, ditches,
aqueducts, telegraph and telephone lines and similar works as the
government or any public or quasi-public service or enterprise
including mining or forest concessionaires, may reasonably
require for carrying on its business, with damages to
improvements only.

Page 5 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

v) Republic Act No. 1273 amended Section 90 of the PLA and

provided that a strip forty (40) meters wide starting from the bank
on each side of any river or stream that may be found on the land
patented shall be demarcated and preserved as permanent
timberland to be planted exclusively to trees of known economic
value, and that the grantee shall not make any clearing thereon or
utilize the same for ordinary farming purposes even after patent
shall have been issued to him or a contract of lease shall have
been executed in his favor.

(2) Deferred indefeasibility

(a) In Decree - the case cannot be reopened except if such decree was
obtained by actual fraud, action should be filed within 1 year after the
issuance of decree. (Section 32)

(b) In Patents - the date of the issuance of patents corresponds to the

date of the issue of the decree in ordinary registration cases, because
the decree finally awards the land applied for registration to the party
entitle to it and the patent issued by the Director of Lands equally and
finally grants, awards and conveys the land applied for to the applicant.
The purpose and effect of both the decree and the paten is the same
(Case Law: Sumail vs. Judge CFI of Cotobato, GR No. L-8278, April
30, 1955)

(c) Exception to the exception - If the property was acquired by an

innocent purchaser for value, then the one year period will not apply.

(3) Reconveyance

(a) A legal and equitable remedy granted to the rightful land owner of
land which has been wrongfully or erroneously registered in the name
of another for purpose of compelling the latter to transfer or reconvey
the land to him.

(b) Prescription of Action for Reconveyance

i) Action base on Fraud - 10 years from the issuance of title or

date of registration of deed. (Caro v. CA, GR No. 76148, Dec.
201989; Leyson v. Bontuyan, GR No. 156357, Feb. 18, 2005;
Casipit v. CA, GR No. 96829, Dec. 9, 1991)

ii) Action base on implied trust - 10 years after issuance of title or

date of registration (Villagonzalo v. IAC, GR No. 71110, Nov. 22,
1988; Amerol v. Bagumbaran)

iii) Action base on void contract - Imprescriptible (Solid State

Multi-Products Corp. v. CA GR No. 8338, May 6, 1991)

iv) Action based on fictitious deed - imprescriptible (Lacsamana

vs. CA, GR No. 121658, March 27, 1988)

Page 6 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

v) Action to quiet title - imprescriptible when in possession (Sapto

v. Fabiana, GR No. L-11285, May 16, 1958; Caragay-Layno v. CA
GR No. 52064, Dec. 26, 1984; Leyson vs. Buntuyan)

vi) Laches - is one of estoppel because it prevents people who

have slept on their rights from prejudicing the rights of third parties
who have placed reliance on the inaction of the original patentee
and his successors in interest (Lucas vs. Gamponia, GR No.
L-9335, Oct. 31, 1956)

vii) Res Judicata - Court cancels the title (Roxas v. Court of

Appeals, GR No. 138660, Feb. 5, 2004)

viii) State not bound by prescription (Republic v. Ruiz, GR No.

L-23712, April 29, 1968)

(4) Laches - There is no statutory limit for recovery of a registered land.

Since 1961, in the case of Edralin vs. Edralin (January 28, 1961, 1 SCRA
22), a long list of cases were decided upholding the doctrine. A word of
caution, however, is necessary because the Supreme Court has decided
on a case by case basis and it has not categorically set a specific time
which could serve as a precedent.

(5) Reversion - restoration of public land fraudulently awarded or disposed

of to the mass of the public domain

(a) Section 101 of the Public Land Act in relation to Section 35, Chapter
XII, Title III of the Administrative Code of 1987 (EO No. 292); Action for
reversion is instituted by the Solicitor General.

(b) Grounds: Violation of the Constitution

(6) Caveat Emptor - Although it is a recognized principle that a person

dealing with registered land need not go beyond its certificate of Title, it is
expected from the purchaser of a valued property to inquire first into the
status or nature of possession of the occupant, whether or not the
occupants possess the land en concepto de dueño, in concept of an owner.

(a) The rule of caveat emptor requires the purchasers to be aware of the
supposed title of the vendor and one who buys without checking the
vendor’s title takes all the risks and losses consequent to such failure.
Possession by people other than the vendor wihtout making inquiry,
cannot be regarded as bona fide purchaser in good faith. (Dacasin v.
Court of Appeals, GR No. L-32723, Oct 28, 1977, Roxas v. Court of
Appeals, GR No. 138660, February 5, 2004).

(b) Generally, circumstances which would have reasonably require the

purchaser to investigate defects in title (Caram v. Laureta, GR No.
L-28740, Feb. 24, 1981)

(c) Rule applies to mortgages of real property (Crisostomo v. Court of

Appeals, GR No. 91383, May 31, 1991)

Page 7 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

(7) Faulty Registration

(a) A certificate of title is not conclusive where it is a product of a faulty

registration. (Widows and Orphans Associations, Inc. v. Court of
Appeals, GR No. 919797)

2. Insurance Principle - Section 93 to 102 of PD No. 1529 The Assurance Fund is an

indemnity fund created for the purpose of compensating a person who sustains
loss or damage, or is deprived of land or any interest therein in consequence of
the bringing of the land under the operation of the Torrens system or arising after
original registration of the land, through fraud or in consequence of any error,
omission, mistake or misdescription in any certificate of title or in any entry or
memorandum in the registration book. The Fund is sourced from the amount
collected by the register of deeds upon the entry of a certificate of title in the name
of registered owner, as well as upon the original registration on the certificate of
title of a building or other improvement on the land covered by said certificate
equivalent to one-fourth of one per cent of the assessed value of the real estate
on the basis of the last assessment for taxation purposes. All the money received
by the register of deeds shall be paid to the National Treasurer who shall keep the
same in an Assurance Fund which may be invested in the manner and form
authorized by law.

3. Booking Principle

a) The act of registration from the time of such registering, filing or entering
before the register of deeds is the constructive notice and operative act to
affect land that affects third persons (Sections 51-52).

b) Presentation of owner’s duplicate necessary to transact voluntary registration

(Section 54).

c) Registration of the transaction in the primary entry book (Section 53).

4. Publicity

a) Notice Requirement in Original and Cadastral proceedings - publication,

mailing and posting.

b) Certified copies of all instruments filed and registered may also be obtained
from the Register of Deeds upon payment of the prescribed fees. (Section 56)

III. Registration of Title - See Discussion on Procedure (Administrative and Judicial)

IV. Registration of Deeds

A. Meaning - Registration of Deeds and other Instruments or subsequent registration

takes place when a deed or instrument affecting land is made of public record after
the date of its original registration. Thus, the registration of a sale, mortgage, lease,
attachment, notice of levy or other encumbrances falls within the purview of
subsequent registration.

B. Kinds of Deed Registration - deed registration is either voluntary of involuntary

registration of instruments.

Page 8 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

1. Voluntary - are contracts or agreements willfully executed by the land owner or

his duly authorized representative such as sales, leases, mortgages, donations,
exchanges, trusts or variations thereof affecting real estate.

2. Involuntary - refers to those executed against the will or without the consent of
the landowner contrary to his interest or will affect him adversely such as
attachments, levy on execution, adverse claim, lis pendens and other liens.

C. Registration of Voluntary Transactions

1. Compliance with the essential requisites of a contract

a) Consent - meeting of the minds;

b) Object Certain - subject of the contract; within the commerce of man and
lawful; and

c) Cause - consideration; prestation, services, benefits, pure beneficence or

liberality.

2. Observance of the “Formal requirements” of a public instrument

a) When the law requires that some contracts be in some form in order for it to
be valid or enforceable, i.e. must be in writing (agreements in marriage, lease
of more than one year, agency to sell real property, donations inter-vivos, etc.)

b) The contract must be executed in the form of a public instrument;

c) Signed by the person/s executing the same;

d) In the presence of two witnesses who shall likewise sign and acknowledge to
be their free act and deed of the parties;

e) Before a notary public or other public officer authorized by law to take

acknowledgement.

f) All pages of the deed must be signed.

g) The documents presented shall contain the full name, nationality, residence
and postal address of the grantee or other person acquiring or claiming
interest; and

h) Must state marital status and name of wife/husband if married.

3. Submission of supporting documents for certain transactions before

registration as provided by special laws

a) Certified true copy of the Tax Declaration in transaction involving transfer of

ownership;

b) Certificate Authorizing Registration (CAR) or Certificate of Exemption from the

BIR in case of sale, exchange or other disposition of real property;

c) Certification from the BIR that the documentary stamp tax has been paid;

Page 9 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

d) Certification from the LGU Treasurer that the property is not delinquent in the
payment of real estate taxes in case of alienation, transfer or encumbrance of
real property (Sec. 209, RA 7160, LGC1991);

e) Certification for the LGU Treasurer that the land transfer tax due on the
transaction has been paid in case of sale, donation, barter or any other mode
of transferring ownership or title of real property (Sec. 135, LGC 1991);

f) Clearance from Department of Agrarian Reform and Affidavit of Total

Landholdings by the vendee in case of sale of agricultural lands;

g) An Order fro the DAR Regional Director approving the sale in case the
property sold is covered by an EP;

h) Duly approved subdivision plan and its corresponding Technical Description

where the property to be titled by virtue of the transaction is a resulting lot of a
subdivision;

i) Special Power of Attorney - if the transaction is through an agent;

j) Court Order - if made through a guardians or administrators; and

k) For Corporations - Secretary’ Certificate or a copy of the Board Resolution

authorizing the transaction (sale, purchase, exchange) designating the officer
authorize to sign the deed.

4. Performance of the jurisdictional requisites for registration

a) Entry of the document in the primary entry book

b) Payment of entry and registration fees

c) Production of the owner’s duplicate of title

D. Registration Procedure in Voluntary Registration in General

1. Entry of the document in the primary entry or day book, accompanied by all
supporting documents applicable to the transaction;

a) Section 56 of PD 1529 require each register of deeds to keep a primary entry

book where all instruments relating to registered land shall be entered in the
order of their reception. Entry in the day book is the preliminary step in
registration. The annotation of memorandum or the issuance of a new
certificate of title is the final step to accomplish registration. While the
preliminary step and the final step may not be accomplished in the same day,
this however, is of no consequence because if actual registration is
accomplished its effect retroacts to the date of entry in the day book. Thus, it
has been held that when a sale is registered in the name of the purchase
registration takes effect on the date when the deed was noted in the entry
book and not when final registration was accomplished.

b) To be noted in this book is the date, hour and minute of reception of all
instrument in the order they were received.

Page 10 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

c) Documents executed in a foreign country should be acknowledged before a

Philippine diplomatic or consular official. If acknowledged before a foreign
notary public, it should be authenticated by the Philippine diplomatic or
consular official before it can be registered.

d) All supporting documents applicable to the transaction should also be

submitted together with the basic instruments.

2. Payment of the entry and registration fee

a) Upon entry of the document, the corresponding entry and registration fees
should be paid. In default of payment, the entry in the primary entry book will
ipso fact become null and void.

3. Surrender of the owner’s duplicate certificate and al co-owner’s duplicate if any

had been issued.

a) No voluntary instrument shall be registered by the registry of deeds, unless

the owner’s duplicate certificate is presented with such instruments, except in
cases expressly provided for in PD 1529 or upon order of the court, for cause
shown.

b) If co-owner’s duplicate certificates has been issued, all outstanding

certificates so issued shall be surrendered whenever the register of deeds
shall register any subsequent voluntary transaction affecting the whole land or
part thereof or any interest therein

4. Examination of the document, certificate of title and supporting papers by the

“deeds examiner”.

a) Registrability of an instrument is initially determined by the deeds examiner of

the registry. If the document is found to comply with all requirements the
examiner recommends its registration to the register of deeds. Otherwise, he
recommends denial of registration.

b) The deeds examiner, on his own, is generally not allowed to register or deny
registration.

5. Review by the Register of Deeds of the action taken by the “deeds examiner”.

a) The authority to register or deny registration being lodge with the register of
deeds, he is required to review the action taken by the deeds examiner.

b) He may either adopt, alter, modify or reverse such action depending upon his
own appraisal of registrability of the instrument filed for registration.

6. Registration of the document or denial of registration by the register of deeds.

a) If the register of deeds finds that the document presented complies with all
the requisites for registration, it is his duty to immediately register the same. If
the instrument is not registrable, he shall forthwith deny registration thereof
and inform the presentor of such denial in writing, stating the ground or reason
therefor, and advising him of his right to appeal by consulta in accordance with
Section 117 of P.D. 1529
Page 11 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

b) Where the documents conveys the simple title, such as in sales, donations,
barter and other conveyances, the register of deeds shall make out in the
registration book a new certificate of title to the grantee and shall prepared and
deliver to him as owner an owner’s certificate, noting the original and owner’s
duplicate certificate the date of transfer, the volume and page of the
registration book in which the new certificate is registered and a reference by
number to the last preceding certificate. The original and owner’s duplicate of
the grantor’s certificate shall be stamped “cancelled”.

c) In case the instrument does not divest the ownership or title from the owner or
from the transferee of the registered owner, now new certificate of title shall be
issued. The instrument creating such interests less than ownership shall be
registered by a brief memorandum thereof made by the register of deeds upon
the certificate of title and signed by him. The cancellation or extinguishment of
such interests shall be registered by a brief memorandum thereof made the
the register of deeds upon the certificate of the title and signed by him. The
cancellation or extinguishment of such interests shall be registered in the
same manner. In case the conveyance affects only a portion of the land
described in the certificate of title, no new certificate shall also be issued until a
plan of the land showing all the portions or lots into which it has been
subdivided and the corresponding technical descriptions shall have been
verified and approve. The instrument shall only be registered by annotation on
the grantor’s title and its owner’s duplicate. Pending approval of the plan, no
further registration or annotation of any subsequent deed or other voluntary
instrument involving the unsegregated portion conveyed shall be affected,
except where such unsegregated portion was purchase from the government
or any of its instrumentalities.

d) Should there be subsisting encumbrance or annotation on the grantor’s title,

they shall be carried over and stated in the new certificate of title except so far
as they may be simultaneously released or discharged.1

E. Involuntary Registration

1. Attachment and Execution

a) Nature, Concept and Purpose - a juridical institution which has for its
purpose to secure the outcome of the trial; the chief purpose is to secure a
contingent lien on defendant’s property until plaintiff can, by appropriate
proceedings, obtain a judgment and have a property applied to tis satisfaction
or to make some provision for unsecured debts in case where the means of
satisfaction thereof are liable to be removed beyond the jurisdiction or
improperly disposed of or concealed or otherwise placed beyond he reach of
creditors.

b) Kinds of Attachments

(1) Preliminary Attachment - issued at the institution or the during the

progress of an action commanding the sheriff or other proper officer to
attach property rights, credits or effects of defendant to satisfy the demand

Page 12 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

of plaintiff; an auxiliary remedy and cannot have an independent existence

apart form the main claim

(2) Garnishment - attachment for credits belonging to the judgement debtor

and owing to him from a stranger to the litigation; does not usually involve
actual seizure of the property;

(3) Levy on execution - is the attachment issued to enforce the writ of

execution of a judgment which has become final and executory.

2. Registration of Attachments and Execution

a) Statutory Provisions - Section 69 of PD 1529 and Section 7, Rule 57 of the

Rules of Court

b) Documents to be Registered

(1) Writ of Attachment or Execution;

(2)Notice of Attachment or levy on the execution; and

(3) Description of the Property;

c) Forms and Contents

(1) The Notice of Attachment or levy on execution should contain a reference

to the number of the Certificate of Title, the volume and page of the
registration book where the certificate is registered and the name of the
registered owner; not applicable in case of unregistered lanD.

(2) If the attachment is not claimed on all the land, a description sufficiently
accurate for the identification of the land or interest must be made

3. Registration Procedure

a) Entry in the Day Book or Primary Entry Book;

b) Payment of entry and registration fee;

c) A memorandum of the attachment shall be made on the Original of the

Certificate of Title;

d) Indexing - the Register of deeds shall index attachments in the name of the
applicant, the adverse party, and the person by whom the property is held or in
whose name it stands in the records.

4. Effects of Registration

a) Notice of the attachment is a notice that the property is taken in the custody of
the law as security for the satisfaction of any judgement;

b) Title still be subject to subsequent transaction but subject to the attachment

lien

V. Actions after Registration

Page 13 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

A. Re-issuance of Lost Owner’s Duplicate

1. The Replacement of Lost Duplicate certificate is governed by Section 109,

PD No. 1529 which states:

“SEC. 109. Notice and replacement of lost duplicate certificate. – In case of loss
or theft of an owner’s duplicate certificate of title, due notice under oath shall be
sent by the owner or by someone in his behalf to the Register of Deeds of the
province or city where the land lies as soon as the loss or theft is discovered. If a
duplicate certificate is lost or destroyed, or cannot be produced by a person
applying for the entry of a new certificate to him or for the registration of any
instrument, a sworn statement of the fact of such loss or destruction may be filed
by the registered owner or other person in interest and registered.

Upon the petition of the registered owner or other person in interest, the court
may, after notice and due hearing, direct the issuance of a new duplicate
certificate, which shall contain a memorandum of the fact that it is issued in
place of the lost duplicate certificate, but shall in all respect be entitled to like
faith and credit as the original duplicate, and shall thereafter be regarded as
such for all purposes of this decree.”

The Petition for the Issuance of New Owners Duplicate Certificate of Title in lieu
of the lost owner’s copy is initiated by the Petitioner if the owner’s copy is lost
but the original copy of the same is available on file in the Registry of Deeds.

2. Procedure

a) As soon as the loss of the copy of the title is discovered, the registered
owner or other person in interest shall notify the Register of Deeds of the
province or city where the land lies by filing an Affidavit of Loss in said office.
The notice shall be annotated on the copy of the original in file in the Registry
of Deeds. Once it is annotated, a certified copy of the title containing the
annotation shall be secured from the concerned office of the Registry of
Deeds and this copy forms part of the Petition for the Issuance of New
Owners Duplicate Certificate of title that will be eventually filed in court. The
process in Court is as follows:

b) The Petition for the Issuance of New Owners Duplicate Certificate of title is
filed in Court.

c) If the Court finds the Petition to be sufficient in form and substance, the
Judge issues an Order Setting the Date of Initial Hearing and directs the
Petitioner to cause the Posting of the Notice at their expense by the Sheriff
or Process Server of the court in the bulletin boards of the RTC, Office of the
Register of at Deeds, the city/municipal hall and Barangay Hall which has
jurisdiction over the property subject of the petition and in conspicuous
places near the vicinity of the subject lot for at least two (2) weeks before the
hearing. After the posting has been accomplished, a Certificate of Posting is
issued by the Sheriff/Process Server. (Note: sometimes, there are situations
when the judge would schedule a classificatory hearing before issuing the
order for the setting of the date of initial hearing that the issuance of the

Page 14 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

order takes a longer period of time (i.e.5 months) or even dismissed without
prejudice for various reasons mostly attributed to the fault of the petitioner).

d) During the Initial Hearing, the Counsel for the Petitioner should provide proof
of compliance with jurisdictional requirement such as: Petition, Order of the
Court Setting the Date of Initial Hearing, Notice of Hearing, Certificate of
Posting, and proof that the Register of Deeds is provided with a copy of the
Petition before the filing of the Petition in Court.

e) After the Jurisdictional requirement is established and no opposition to the

Petition is filed, the Counsel for the Petitioner may request that the
presentation of evidence be allowed Ex-Parte before the Clerk of Court who
is designated as Commissioner of the Court. For brevity and convenience of
the parties, the Commissioner advises the Counsel of the Petitioner before
the ex-parte hearing to submit a Judicial Affidavit of the Petitioner in lieu of a
direct testimony.

f) During the Ex-Parte Hearing, the Commissioner asks questions directed to

the Petitioner concerning his testimony in the Judicial Affidavit, and the Court
Stenographer takes note of the proceedings.

g) Finding the transcript in order upon review, the Commissioner approves it

and submits to the Court his own report on the matter taken up during the ex-
parte proceedings.

h) A Hearing of the Commissioner’s Report is scheduled and the Counsel for

Petitioner is notified and enjoined to submit his comments or objection, if any.

i) After the hearing, the Court approves the Commissioner’s Report.

j) The Court admits the exhibits formally offered and the instant Petition is
submitted for Decision.

k) A Decision is issued and if there is no Motion for Reconsideration or Notice

of Appeal the Decision becomes final and executory.

l) A Certificate of Finality is issued by the Clerk of Court. (Note: The Certificate

of Finality is issued only upon request of the Petitioner).

m) Republic vs Court of Appeals, GR No.128531, Oct. 26, 1999

B. Reconstitution of lost or destroyed original of Torrens title

1. Lost or Destroyed original certificates of title in the offices of the Register

of deeds may be reconstituted either judicially or administratively.

a) Judicial Reconstitution is availed of under two (2) situations: (1) when both
the Owner’s Duplicate Copy and the Original Copy on file in the Register of
Deeds are lost or Destroyed; (2) when the Owner’s Duplicate Copy is
available but the Original Copy on file in the Register of Deeds is lost or
destroyed. The procedure for the reconstitution of title is governed by
Republic Act No. 26 and Section 110. P.D. No. 1529, which states that,

Page 15 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

b) “Section.110. Reconstitution of lost or destroyed original of Torrens title.

Original copies of the certificates of title lost or destroyed in the offices of the
Register of Deeds as well as liens and encumbrances affecting the lands
covered by such titles shall be reconstituted judicially in accordance with the
procedure prescribed in Republic Act No. 26 insofar as not inconsistent with
this Decree. The procedure relative to administrative reconstitution of lost or
destroyed certificate prescribed in said Act is hereby abrogated.

c) Notice of all hearings of the petition for judicial reconstitution shall be given to
the Register of Deeds of the place where the land is situated and to the
Commissioner of Land Registration. No order or judgment ordering the
reconstitution of a certificate of title shall become final until the lapse of thirty
days from receipt by the Register of Deeds and by the Commissioner of
Land Registration of the notice of such order or judgment without any appeal
having been filed by any of such officials.”

d) Its implementation is guided by instructions (1) Circular No. 17, dated 19

February 1947, as amended by Administrative Order No.195 dated 24 May
1979; (2) LRC Circular No.35 dated 13 June 1983.

2. The Court procedure for judicial reconstitution is as follows:

a) Before a Petition for Reconstitution of lost or destroyed original of Torrens

title could be filed in Court a certification shall be issued by the Register of
Deeds certifying that the Original Copy of the title is NOT AVAILABLE on file
in the office of the Registry of Deeds. Attachments shall also include a copy
of the Tax Declaration duly certified by the Assessor’s Office and a copy of
the most recent real estate tax payment.

b) A copy of the petition shall be provided to the following: (1) Regional

Executive Director (DENR); (2) the Register of Deeds; (3) the Solicitor
General’s Office; (4) the Land Registration Authority; (5) Prosecutor’s Office;
and (5) all the adjoining owners; however, this is dispensed with if the basis
for the Petition for Reconstitution of the Lost Original copy of Title on file in
the Registry of Deeds is the copy of the Owner’s Duplicate in the possession
of the Petitioner.

c) If the basis of the Petition for Reconstitution is the plan and technical
description of the subject lot, the Petitioner shall provide the LRA with the
petition accompanied by a certified copy of the Technical Description of the
Lot and a corresponding plan prepared by a licensed Geodetic Engineer.
Any plan approved by the DENR or the LRA to support the petition will be
most advantageous to the petition.

d) If the Court finds the Petition to be sufficient in form and substance, the
Judge would issue an Order Setting the Date of Initial Hearing and direct the
Petitioner to cause the Publication of the notice in two (2) successive
publications of the Official Gazette and the Posting of the Notice by the
Sheriff or Process Server of the court, in the bulletin boards of the RTC,
Office of the Register of at Deeds, the City/Municipal/ Barangay Hall which
has jurisdiction over the property subject of the petition, and in conspicuous
places near the vicinity of the subject lot for at least two (2) weeks before the
Page 16 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

hearing. The publication in the Official Gazette and the Posting of the Notice
shall be at the expense of the petitioner and the copy of the Notice for
publication shall already be submitted to the Government Printing Office for
printing not more than ninety (90) days before the date of the Hearing.

e) After publication and posting, the following shall be submitted to the court: (1)
a Certificate of Publication issued by the Government Printing Office; (2) a
copy of each of the corresponding two (2) successive publications in the
Official Gazette, together with a copy of a Certificate of Posting issued by the
Sheriff/Process Server (Note: there are situations when the judge would
schedule a clarificatory hearing before issuing the order for the setting of the
date of initial hearing that the issuance of the order takes a longer period of
time or even dismissed without prejudice for various reasons mostly
attributed to the fault of the Counsel of the Petitioner).

f) If no opposition to the Petition is presented, the Counsel of the Petitioner files

a motion requesting the court to allow the presentation of the evidence Ex-
Parte before the Clerk of Court who will be designated as Commissioner of
the Court. (NOTE: For brevity and convenience of the parties, before the ex-
parte hearing is conducted, the Commissioner sometimes advises the
Counsel of the Petitioner to submit a Judicial Affidavit of the Petitioner in lieu
of a direct testimony. During the Ex-Parte Hearing the Commissioner would
ask questions directed to the Petitioner concerning his testimony in the
judicial affidavit and the Court Stenographer takes note of the proceedings.
Thereafter, the Court Stenographer submits the copy of the transcript for the
approval of the Commissioner. Finding the transcript in order upon review,
the Commissioner approves the transcript and thereafter submits to the
Court his own Report regarding the matter taken during the ex-parte
proceedings.)

g) A Hearing of the Commissioner’s Report is scheduled and the Counsel of the

Petitioner is notified and enjoined to submit his comments or objection, if any.

h) The Counsel of the Petitioner submits FORMAL OFFER OF EVIDENCE.

i) The Court admits the exhibits formally offered and the instant Petition is
submitted for Decision.

j) A Decision is rendered by the Court within ninety (90) days from the
admission of the exhibits and if there is no Motion for Reconsideration or
Notice of Appeal, the Decision becomes final and executory.

k) A Certificate of Finality is issued by the Clerk of Court. (Note: The Certificate

of Finality can be issued only upon the request of the Counsel of the
Petitioner).

3. The following describes the process of availing Administrative

Reconstitution:

a) An Application/Petition (for Reconstitution) which must be properly

accomplished with:

Page 17 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

(1) Original of the Owner’s Duplicate copy or Co-owner’s Duplicate Copy

and three (3) clear/legible reproduction/Xerox copy filed in the Registry of
Deeds together with a reproduction (Xerox copy) of the same. After
comparing the Xerox copies to be faithful reproductions of the Owner’s
Duplicate or Co-Owner’s Duplicate Copy of the original presented, the
latter is immediately returned to the filer; and the Register of Deeds
retains only the Xerox copies.

(2) Tax Declaration

(3) Real Estate Tax receipt representing at least two (2) years before filing

(4) Others (i.e. Special Power of Attorney if Filer is not the Owner).

b) Application/Petition forms (for reconstitution) can be obtained FREE of

CHARGE from the Office of LRA or the Office of the Registry of Deeds of the
place. The duly accomplished Application/Petition duly can be filed anytime –
without any time limitation after R.A. No. 6732 dated 20 July 1989, at the
office of the Register of Deeds enumerated above where the land is situated.

c) The Application/Petition together with the accompanying documents is

transmitted to the LRA in Quezon City where it will undergo the prescribed
technical verification at the Reconstitution Division of that office. This division
is headed by the Reconstituting Officer and Chief, Reconstitution Division.

d) Once the verification process is completed, the Reconstituting Officer issues

an Order of Reconstitution Directing the Register of Deeds to Reconstitute
the Title.

e) A notice is sent by furnishing the Filer/Applicant with a copy of the Order of

Reconstitution with an advise that a reconstituted title can be withdrawn at
the office of the Register of Deeds upon presentation of the original copy of
the Owner’s Duplicate Certificate of Title subject of application/Petition for
Reconstitution.

C. Amendment to the Certificate

1. Section 108. Amendment and alteration of certificates.

Rule: No erasure, alteration, or amendment shall be made upon the registration

book after the entry of a certificate of title or of a memorandum thereon and the
attestation of the same be Register of Deeds, except by order of the court.

Who may file: A registered owner of other person having an interest in

registered property, or, in proper cases, the Register of Deeds with the approval
of the Commissioner of Land Registration

2. Grounds:

a) That the registered interests of any description, whether vested, contingent,

expectant or inchoate appearing on the certificate, have terminated and
ceased; or

Page 18 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

b) That a new interest not appearing upon the certificate have arisen or been
created;

c) that an omission or error was made in entering a certificate or any

memorandum thereon, or, on any duplicate certificate;

d) That the same or any person on the certificate has been changed; or

e) That the registered owner has married, orif registered as married, that the
marriage has been terminated and no right or interests of heirs or creditors
will thereby be affected; or

f) that a corporation which owned registered land and has been dissolved has
not convened the same within three years after its dissolution; or

g) upon any other reasonable ground;

h) The court may hear and determine the petition after notice to all parties in
interest, and may order the entry or cancellation of a new certificate, the
entry or cancellation of a memorandum upon a certificate, or grant any
other relief upon such terms and conditions, requiring security or bond if
necessary, as it may consider proper; Provided, however, That this section
shall not be construed to give the court authority to reopen the judgment or
decree of registration, and that nothing shall be done or ordered by the
court which shall impair the title or other interest of a purchaser holding a
certificate for value and in good faith, or his heirs and assigns, without his or
their written consent. Where the owner's duplicate certificate is not
presented, a similar petition may be filed as provided in the preceding
section.

i) All petitions or motions filed under this Section as well as under any other
provision of this Decree after original registration shall be filed and entitled
in the original case in which the decree or registration was entered.

3. Procedure - The process in Court is as follows:

a) The Petition for Correction of the Certificate of title is filed in Court.

b) If the Court finds the Petition to be sufficient in form and substance, the
Judge issues an Order Setting the Date of Initial Hearing and directs the
Petitioner to cause the posting of the Notice of Initial Hearing by the Sheriff
or Process Server of the court at the expense of the Petitioner. Posting shall
be made in the bulletin boards of the RTC, Office of the Register of at Deeds,
the city/municipal hall and Barangay Hall which has jurisdiction over the
property subject of the petition, and in conspicuous places near the vicinity of
the subject lot for at least two (2) weeks before the hearing. After posting, a
Certificate of Posting is issued by the Sheriff/Process Server.

c) During the Initial Hearing, the Counsel of the Petitioner must provide proof of
compliance with jurisdictional requirement such as: copies of the Petition
furnished to all concerned parties or agencies in Government such as LRA
and the Register of Deeds, the Order of the Court Setting the Date of Initial
Hearing, Notice of Hearing, and Certificate of Posting.
Page 19 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

d) If there is no opposition to the Petition, the Counsel of the Petitioner may

request the Court to allow the presentation of evidence Ex-Parte before the
Clerk of Court who is designated as Commissioner of the Court. (Note:
Sometimes, the Commissioner would advise the Counsel of the Petitioner
before the ex-parte hearing to submit a Judicial Affidavit of the Petitioner in
lieu of a direct testimony. During the Ex-Parte Hearing, the Commissioner
would ask questions directed to the Petitioner concerning his testimony in the
Judicial affidavit and the Court Stenographer takes notes of the proceedings.
Thereafter, the Court Stenographer submits the copy of the transcript for the
approval of the Commissioner. If upon review the Commissioner finds the
transcript in order, the transcript is approved and thereafter submits to the
Court his own report regarding the matter taken during the ex-parte
proceedings).

e) A Hearing of the Commissioners Report is scheduled and the Counsel of the

Petitioner is notified and enjoined to submit his comments or objection, if any.

f) The Court admits the exhibits formally offered and the instant Petition is
submitted for Decision.

g) Decision is issued and if there is no Motion for Reconsideration or Notice of

Appeal, the Decision will become final and executory.

h) A Certificate of Finality is issued by the Clerk of Court. (Note: The Certificate

of Finality is issued only upon request of the Petitioner).

D. Consulta

1. Consulta or Reference of doubtful matter to the Administrator of Land

Registration.

2. “Section 117. P.D. No. 1529 - Procedure - When the Register of Deeds is in
doubt with regards to the proper step to be taken or memorandum to be made in
pursuance to any deed, mortgage, or other instrument presented to him for
registration, or where any party in interest does not agree with the Register of
Deeds with reference to any such instrument, the question shall be submitted to
the Administrator of Land Registration by the Register of Deeds, or by the party
in interest thru the Register of Deeds.

3. Where the instrument is denied registration, the Register of Deeds shall notify
the interested party in writing, setting forth the defects in writing setting forth the
defects of the instrument or legal ground relied upon, and advising him that if he
is not agreeable to such ruling, he may, without withdrawing the documents from
the Registry, elevate the matter by consulta within five days from receipt of
notice of denial of registration to the Administrator of Land Registration upon
payment of a consulta fee in such amount as shall be prescribed by the
Administrator of Land Registration.

4. The Register of Deeds shall make a memorandum of the pending consulta on

the certificate of title which shall be cancelled motu proprio by the Register of
Deeds after final resolution or decision thereof, or before resolution, if withdrawn
by petitioner.

Page 20 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

5. The Administrator of Land Registration, considering the consulta and the records
certified to him after notice to the parties and hearing, shall enter an order
prescribing the step to be taken or memorandum to be made. His resolution or
ruling in consultas shall be conclusive and binding upon all the Registers of
Deeds, provided, that the party in interest who disagrees with the final
resolution, ruling or order of the Administrator relative to the consultas may
appeal to the Court of Appeals within the period in Republic Act No.5434.”

6. Requisites - The following are the requisites so that a Consulta may be properly
availed of:

a) There must be a document pending registration in the office of the Register

of Deeds.

b) Before a consulta could be considered on its merits, there must be a

document pending registration in the Office of the Register of Deeds.
Pending consulta, the document should not be withdrawn, otherwise it
cannot serve as the basis for consulta. This is due to the fact that under
these circumstances, a consulta takes the nature of an appeal on the action
taken by the Register of Deeds who has to certify the records to the Land
Registration Authority for consideration.

c) That the Register of Deeds is in Doubt or the Party in interest does not agree
on the action taken by the Register of Deeds.

d) If the Register of Deeds is in doubt as to what steps to be taken, he takes the

matter under advisement by submitting the matter en consulta to the
Administrator of Land Registration. If he is not in doubt, he simply advises
the party in interest of the difficulty preventing the registration of the
document. If the interested party does not agree with the action taken by the
Register of Deeds, then he may apply to the Administrator for resolution of
the registrability of the document for registration.

7. Binding force of resolutions or rulings in consultas - The decisions or rulings of

the Administrator of Land Registration shall be conclusive and binding upon all
the Registers of Deeds, provided, that the party in interest who disagrees with
the final resolution, ruling or order of the Administrator relative to the consultas
may appeal to the Court of Appeals within the period prescribed in Republic Act
No.5434.

8. Appeal - The Register of Deeds is expressly precluded from making any appeal
on the decision or resolution on consultas; only the interested party may appeal
the decision of the Administrator of Land Registration.

9. Procedure

a) The following is the process involved in the resolution of Consultas:

b) Records Officer accepts annotation of transaction

c) Documents is examined by Examiner for completeness and registrability and

forwards the same with his findings to the Register of Deeds

Page 21 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

d) The Register of Deeds either approves, in doubt, or denies registration.

e) If the Register of Deeds is in doubt on the registrability of the document an

Endorsement letter addressed to the Administrator is prepared together with
the copy of the position paper on the reason of the doubt together with a
copy of the Transfer Certificate of Title (TCT) and the supporting documents.

f) If the Register of Deeds denies the registration, the Register of Deeds issues
a Notice of Denial indicating the grounds for denial and advising the
Registrant to write a letter containing his desire to appeal the denial. The
letter of the Registrant together with the copy of the position paper of the
Register of Deeds regarding his reason for denial, the copy of the TCT and
the supporting documents are transmitted to the Office of the LRA
Administrator.

g) Upon receipt, all the documents are forwarded to the Clerk of Court Division
of LRA and the same is examined for completeness. If the documents is not
complete a letter is prepared addressed to the Register of Deeds for
compliance. Action is taken upon compliance, otherwise it is held pending.

h) The Clerk of Court forwards all the documents to the Law Division.

i) A Hearing Officer is assigned

j) Hearing Officer prepares a Notice of Hearing and sends a copy to both the
RD and the Registrant

k) After the Hearing the Hearing Officer prepares a draft of the Resolution.

l) The draft is reviewed by the Chief, Law Division and forwards it to the
Director on Legal Affairs for review.

m) The Director forwards the clean draft to the Administrator for signature.

n) The copy of the Resolution is served to both the RD and the Registrant.

E. Adverse Claim

1. An adverse claim is a notice of a claim adverse to the registered owner, the

validity of which is yet to be stablished in court at some future date, and is no
better than a notice of lis pendens already pending in court (Acap v. CA, 251
SCRA 30).

2. Purpose: to give notice to third persons dealing with the said property that
someone is claiming an interest on the subject.

3. Judicial determination is still necessary (Garbin v. CA, 253 SCRA 187)

4. Examples

a) Seller refused to deliver the owner's duplicate

b) Claim of heirs who were excluded (Carantes v. CA, 76 SCRA 514)

Page 22 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

5. Cancellation by petition in court after 30 days by way of a petition in Court; after

said petition, no second claim is allowed.

F. Reversion - restoration of public land fraudulently awarded or disposed of to

the mass of the public domain

Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III
of the Administrative Code of 1987 (EO No. 292);

Action for reversion is instituted by the Solicitor General.

Action is imprescriptible

Grounds:

Violation of the Constitution, disposition of inalienable land

Falsehood in the application for a patent

Section 91 of the PLA

Director of Lands may investigate even if the patent is already registered and
indefeasible (Republic v. De Guzman, 326 SCRA 267)

VI. DEALINGS WITH UNREGISTERED LANDS

A. Registration Under Act 3344 - In order to provide for the registration of instruments
affecting unregistered lands, the Administrative Code in Section 194 established a
system of registration under which all documents, affecting lands not registered
under the Spanish Mortgage Law nor under the Torrens system, be recorded in the
land records of the province or city where the land lies. This section of the
Administrative Code was subsequently amended by Act No. 2837 and later on
December 8, 1926, Act No. 3344 was passed revising to a considerable extent the
provisions of the Administrative Code. Rights acquired under this system are not
absolute. By express provision of the governing law they must yield to better rights
(See Legayde vs. Sullano, 49 O.G., pp. 603-609, February, 1953). These were
again subsequently amended by the provisions of Section 3 of Presidential Decree
1529 pertinent portion of which are herein quoted, to wit: The books of registration
for unregistered lands provided under Section 194 of the Revised Administrative
Code, as amended by Act 3344, shall continue to remain in force provided all
instruments dealing with unregistered lands shall henceforth be registered under
Section 113 of this Decree (Section 3, P.D. 1529)

B. Recording of instruments relating to unregistered lands. No deed, conveyance,

mortgage, lease, or other voluntary instrument affecting land not registered under
the Torrens system shall be valid, except as between the parties thereto, unless
such instrument shall have been recorded in the manner herein prescribed in
the office of the Register of Deeds for the province or city where the land lies.

C. The Register of Deeds for each province or city shall keep a Primary Entry Book
and a Registration Book. The Primary Entry Book shall contain, among other
particulars, the entry number, the names of the parties, the nature of the document,
the date, hour and minute it was presented and received. The recording of the deed

Page 23 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

and other instruments relating to unregistered lands shall be effected by any of

annotation on the space provided therefor in the Registration Book, after the same
shall have been entered in the Primary Entry Book.

D. If, on the face of the instrument, it appears that it is sufficient in law, the Register of
Deeds shall forthwith record the instrument in the manner provided herein. In case
the Register of Deeds refuses its administration to record, said official shall advise
the party in interest in writing of the ground or grounds for his refusal, and the latter
may appeal the matter to the Commissioner of Land Registration in accordance
with the provisions of Section 117 of this Decree. It shall be understood that any
recording made under this section shall be without prejudice to a third party with a
better right.

E. After recording on the Record Book, the Register of Deeds shall endorse among
other things, upon the original of the recorded instruments, the file number and the
date as well as the hour and minute when the document was received for recording
as shown in the Primary Entry Book, returning to the registrant or person in interest
the duplicate of the instrument, with appropriate annotation, certifying that he has
recorded the instrument after reserving one copy thereof to be furnished the
provincial or city assessor as required by existing law.

F. Tax sale, attachment and levy, notice of lis pendens, adverse claim and other
instruments in the nature of involuntary dealings with respect to unregistered lands,
If made in the form sufficient in law, shall likewise be admissible to record under this
section.

G. For the services to be rendered by the Register of Deeds under this section, he
shall collect the same amount of fees prescribed for similar services for the
registration of deeds or instruments concerning registered lands.

VII. Foreign Ownership

A. In general- only Filipino citizens may own land in the Philippines except if the
acquisition of the land was through hereditary succession. This is a constitutional
restriction that was placed under the 1935 Constitution. However, property rights of
American citizens existing prior to the 1935 Constitution are respected. The
provisions was modified in the 1987 Constitution to exempt natural-born citizens
who had lost his citizenship subject to certain conditions. The 1973 Constitution did
not explicitly allows former natural born citizens to own land, nonetheless, Batas
Pambansa Bilang 185 allows concession to former Filipinos under the general
power of the Prime Minister under Section 15 of Article XIII. The present
Constitution only allows two exception to the prohibition against foreign ownership:
(1) hereditary succession; and (2) former natural born-citizens. However, property
rights of alien prior to the 1936 Constitution and the special privileges given to
American citizens granted by the 1936 Constitution are respected.

B. Two (2) laws were enacted to implement the rules regarding exceptions of former
natural born citizens to own land.

1. Batas Pambansa Bilang 185 on residential lands; and

Page 24 of 25
 Land Titles and Deeds
Part II. Discussion Guide on Land Registration and the Torrens System
Atty. Erwin L. Tiamson

2. Republic Act No. 8179 on commercial and industrial lands, amending certain
provisions of the Foreign Investment Act of 1991.

Page 25 of 25