COURSE OUTLINE IN

LAND TITLES AND DEEDS

2nd Semester, AY 2017-2018

A. Classroom Rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore, to
come to class prepared and to have read the materials scheduled to be covered
during the meeting. When a student is reciting, the rest of the class is expected to
listen to him. Students are encouraged to participate in the discussion by asking
questions.
3. A student who is called to recite is expected to close his book during his recitation.
4. Electronic gadgets are not prohibited during class hours. A student is expected,
however, to turn off his mobile phone or to put it on silent mode as soon as he steps
into the classroom. If the student expects a call during the meeting, he can take the
call by discretely leaving the classroom. Laptops, tablets, and other similar
electronic devices, are not, likewise, prohibited but the students who are called to
recite should close these electronic devices for the duration of their recitation. The
same rule applies to mobile phones that serve as data storage.
5. Any student may discretely leave the classroom if and when absolutely necessary.
When a student is not in the classroom when called for recitation, he will be given a
grade of 5.0 or its equivalent.

B. Grading System:
Recitation - 15
Quiz - 15
Mid-Term Exam - 30
Final Exam - 40

C. Reference/s:

Property Registration Decree and Related Laws, Justice Oswald D. Agcaoili

OUTLINE PROPER

I. GENERAL PROVISIONS (PD No. 1529)

Section 1. Title of Decree

Section 2. Nature of registration proceedings; jurisdiction of court
a. Regalian Doctrine
b. Jura Regalia
c. Torrens system
d. Registration not a mode of acquiring ownership
e. Distinction between “Title” and “Certificate of Title” –

1)Torbela vs. Spouses Rosario, Gr. No. 140528

2)Dinah C. Castillo v. Antonio M. Escutin, GR No. 171056,
March 13, 2009
f. Past and Present Legislation on Land Registration

1) Public land Act (Ca No. 141

2) Land registration Act (Act No. 496)
3) Cadastral Act (Act No. 2259)
4) Property Registration Act (PD 1529)

g. Registration under Torrens System is a proceeding in rem

h. RTC
1) De los Angeles v Santos, G.R. No. L-19615 December 24,
1964
i. Execptions: delegated jurisdiction section 34 of BP Blg. 129
and SC Ad Cir. No. 6-93-A
j. Venue
 Section 3. Status of other pre-existing land registration system
a. Registration instruments affecting titled lands under Act No.
3344 ineffective against third persons

II. THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF DEEDS

Section 4. Land Registration Commission

Section 5. Officials and Employees of the Commission
Section 6. General Functions
a. Duty of LRA/ROD
Section 7. Office of the Register of Deeds
a. Registration
b. Effect of Registration

Section 8. Appointment of Registers of Deeds and their Duputies and other

subordinate personnel; salaries
Section 9. Qualifications of Registers of Deeds and Deputy Registers of Deeds
Section 10. General Functions of Registers of Deeds
a. Instances where ROD may deny registration
b. Doubtful questions shall be submitted to LRA Administrator for
resolution
Section 11. Discharge of duties of Register of Deeds in case of vacancy,etc.
Section 12. Owner’s Index; reports
Section 13. Chief Geodetic Engineer
a. Survey Plan
b. LMB

III. ORDINARY REGISTRATION PROCEEDINGS

A. APPLICATIONS

Section 14. Who may apply.

a. System of Registration
b. Laws governing land registration
1) Public Land Act (Ca No. 141)
2) PD 1529
3) Cadastral act (2259)
4) IPRA (RA 8371)

B. REGISTRATION UNDER PRD

a. Requisites for registration

1) Republic v CA & Naguit G.R. No. 144057 January 17, 2005

2) Malabanan v Republic G.R. No. 179987 April 29, 2009

b. Acquisition of private lands or abandoned river beds by right of accession or

accretion ( property) requirements of Article 461.
c. Ownership by right of accretion along river banks
d. Accretion along banks of creeks, streams and lake
NOTE: accretion needs a separate application for registration

e. Acquisition of ownership in any other manner provided by law (statute or

executive act)
i. reservation for a specific public purpose by Presidential
proclamation

1) Mindanao Med. Center v CA G.R. No. L-40912 September 30,

1976
2) Republic v Doldol G.R. No. 132963 September 10,
1998

f. Land acquisition by private corporations

1) Director of Lands v IAC G.R. No. 73002 December 29, 1986

2) Republic v INC G.R. No. 180067 June 30, 2009
3) Natividad v CA G.R. No. 88233 October 4, 1991

g. Vested Rights cannot be impaired by subsequent law

B. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES

(application for imperfect title)

a. Governing Provisions (Section 48 (b) CA No. 141 (Public Land Act)

b. Difference of section 48 to that of Section 14(1) of PD 1529

C. REGISTRATION UNDER THE IPRA

a. Constitutionality of IPRA is already discussed in Cruz vs. Secretary of

Environment and Natural Resources (property case)
b. Definition of terms (ancestral domains/ICC/IP/Ancestral lands/Native
title
c. Procedure for titling of ancestral domain/lands under IPRA

NOTE: NCIP has the jurisdiction to issue CADT/CALT and cancel and
annul the same

Section 15. Forms and Contents (sample in the book)

a. Steps in registering the land under Torrens system

Section 16. Non-resident applicant

Section 17. What and Where to file

Section 18. Application covering two or more parcels

Note: allowed but provided locate in the same city/province

Section 19. Amendments

Note: at any stage of the hearing the applicant may amend his application

Section 20. When land applied for borders on road.

Take note of Article 420 of the CC, those lands cannot be subject of private appropriation

Section 21. Requirement of additional facts and papers.

Section 22. Dealings with land pending original registration

Section 23. Notice of initial hearing, publication, etc. (publication/Mailing/ Notices)

NOTE: all mandatory

Section 24. Proof of publication and notice

NOTE: certification from the LRA and sheriff shall be conclusive proof

Section 25. Opposition to application in ordinary proceedings

a. Requisites for an opposition to be considered
b. Effect of failure to oppose
c. Persons deemed to have legal standing to oppose
Section 26. Order of default
Section 27. Speedy hearing; reference to a referee

I. Citizenship Requirement (capacity requirement)

 a. Krivenko doctrine – aliens disqualified from acquiring public and private
lands (reiterated in Ong Ching Po v. CA, GR no. 113472, December 20, 1994)
Krivenko v. ROD, GR No. L-630, November 15,1947
Borromeo v. Descallar, GR No. 159310, February 24, 2009
Republic v. CA and Lapiña, GR No. 108998, Aug 24, 1994

b. Aliens may lease private lands

c. Foreigners allowed to purchase condominium units (RA No. 4726)
d. Donation in favor of a religious corporation controlled by non-Fillipino
not registrable.

ROD v. Ung Sui Si Temple, GR No. L-6776, May 21, 1955

Roman Catholic Apostolic v. LRC, GR No. L-8451, December 20, 1957
Philippine Banking Corp. v. Lui She, GR No. L-17587, September 12, 1967
Muller v. Muller, GR No. 149615, August 29, 2006
Frenzel v. Catito, Gr No. 143958, July 11, 2003
De Castro v. Tan, Gr No. L-31956, April 30, 1984

II. Classification of Public Lands

Republic v. CA and Gana, GR No. 127245, Jan 30, 2001

III. Non-Registrable Properties

Q: What are the Non-registrable properties in the Philippines?

(1) Property of public dominion

(2) Forest lands
(3) Watersheds
(4) Mangrove Swamps
(5) Mineral Lands
(6) Natrual Resources within ancestral domains
(7) National Parks
(8) Military or naval reservation
(9) Foreshore lands and reclaimed lands
(10) Lakes
(11) Navigable rivers
(12) Creeks
(13) Reservation for public and semi-public purposes

Republic v. CA and De la Rosa, GR No. L-43938, April 15, 1980

Republic rep. Midnanao Medical Center v. CA, GR No. L-40912, September 30, 1976

IV. Specific Evidence of Ownership

a. proofs of ownership
b. that the land was classified as A and D
c. approved survey plan/tracing cloth plan ( blue print or white print)
d. Possession and occupation
e. Tax declaration/ tax receipts

Republicv. T.A.N. Properties, GR No. 154953, June 26,2008

Republic v. Dela Paz, GR No. 171631, November 15, 2010

Section 28. Partial Judgment

Section 29. Judgment confirming title

NOTE:
1) only those judgments and processes received by the OSG will bind the government
2) Res judicata applies to a registration cases ( provided all requisites of res judicata
are present)
Section 30. When Judgment becoms final; duty to cause issuance of decree
Section31. Decree of Registration

Manotok Realty v. CLT Realty, GR NO. 123346, December 14, 2007

Section 32. Review of decree of registration; Innocent purchaser for value

A. Remedies available to an aggreived party to question the validity of the judgment in

a registration case

(1) New trial / reconsideration (rule 37);

(2) Relief from judgments; relief from denial of appeal (rule 38);
(3) Appeal;
(4) Review of decree of registration;
(5) Purchaser in good faith;
(6) Reconveyance;
(7) Quieting of title;
(8) Trusts;
(9) Action for damages;
(10) Action for reversion;
(11) Cancellation of Title;
(12) Recovery from Assurance Fund;
(13) Annulment of Judgment or final orders and resolution;

Calalang vs. ROD, GR no. 76265, March 11, 1994

Yujuico v. Republic, Gr No. 168661, October 26, 2007
GUARANTEED HOMES, INC v. VALDEZ, GR 171531, January 30, 2009

II. CADASTRAL REGISTRAION AND ADJUDICATION

Section 35. Cadastral Survey preparatory to filing of petition

Section 36. Petition for registration
Section 37. Aswer to petition in cadastral proceedings
Section 38. Hearing, Judgment, Decree

Addison v. Payatas Estate Improvement, Co. GR No. 39095, September 27, 1934
Director of Lands v. CA and Pastor, GR No. L-47847, July 31, 1981
Mindanao vs. Director of Land, GR No. L-19535, July 10, 1967
Rodriguez v. Toreno, GR No. L-29596, October 14, 1977
Navarro v. Director of Lands, GR No. L-18814, July 31, 1962

Section 39. Preparation of Decree and Certificate of Title

Section 40. Entry of Original Certificate of title

Note: Title v. Certificate of title

READ: ALDE vs. Bernal, GR No. 169336, March 18, 2010

Section 41. Owner’s duplicate certificate of title

NOTE: the ROD is not authorized to make registration if the owner’s duplicate certificate of title
was not surrendered. Mere registration in the entry of book of a voluntary instrument, like a deed
of sale, without the owner’s duplicate certificate of title surrendered or presented does not have
the effect of a conveyance of the property.

NHA v. Basa, GR No. 149121, April 20, 2010

Section 42. Registration Books.

Section 43. transfer Certificate of Title

Section 44. Statutory Liens affecting title.

READ: Digran v. Auditor General, GR No. L-21593, April 29, 1966

Section 45. Statement of personal circumstances in the certificate of title

Section 46. General incidents of registered lands

Section 47. Registered land not subject to prescription

Panganiban v. Dayrit, GR No. 151235, July 28, 2005

Lucas v. Gamponia, GR no. L-9335, October 31, 1956
Claverias v. Quingco, GR No. 77744, March 6, 1992

Section 48. Certificate of title not subject to collateral attack

Magay v. Estiandan, GR No. L-28975, February 27, 1976

Borbajo v. Hidden View, GR No. 152440, January 31, 2005
Ybanez v IAC, GR No. 68291, March 6, 1991

Section 49. Splitting, or consolidation of titles.

Section 50. Subdivision and consolidation plans

CHAPTER V. SUBSEQUENT REGISTRATION

I. VOLUNTARY DEALINGS WITH REGISTERED LANDS

Section 51. Conveyance and other dealings by registered owner.

Take note: elements of contract of sale

Section 52. Constructive notice upon registration

Note: registration is constructive notice to third persons

San Lorenzo development v. CA, GR No. 124242, January 21, 2005

Jomoc v. CA, GR no. 92871, Aug. 2, 1991
Cruz v. Bancom Finance Corporation, GR No. 147788, March 19, 2002
NHA v. Basa, GR no. 149121, April 20, 2010

A. Difference between voluntary and involuntary registration

Section 53. Presentation of owner’s duplicate upon entry of new certificate

Fule v. De Legare, GR No. L-17951, February 28, 1963

Adriano v. Pangilinan, GR No. 137471, January 16, 2002

Note: Double Sale

Section 54. Dealings less than ownership, how registered.

Section 55. Grantee’s name, nationality, etc.
Section 56. Primary Entry Book; fees; certified copies

Note: the act of entry or registraion of the property in the day book/entry book at the ROD,
operates as conveyance of the property to the registrant.

Section 57. Procedure in registration of conveyances

Section 58. Procedure where conveyance involves portion of land

Section 59. Carry over of encumbrances

Section 60. Mortgage or lease of registered land.

Note: Object of mortgage. Requisites. Mortgagor must be the owner of the property mortgaged.
Equtable mortgage.

LBP v. Republic, GR No. 150824, February 4, 2008

Section 61. Registration

Rural Bank v. Yacon, GR No. 78011, July 5, 1989
Malayan bank v. Lagrama, GR No. 14484, April 27, 2001
Reyes vs. De Leon, GR no.L-22331, June 6, 1967

Section 62. Discharge or Cancellation

Section 63. Foreclosure of Mortgage.

NOTE: Basic rules on judicial foreclosure and extra-judicial foreclosure

The right of redemption. The 1 yr right of redemption must be counted from the time the
certificate of sale is registered with the ROD.

1) Dayot v. Shell, GR No. 156542, June 26, 2007

2) BPI v. Puzon, GR No. 160046, November 27, 2009
3) Mallari v. GSIS, Gr no. 157659, January 25, 2010
4) Tolentino v. CA, GR No. 171354, March 7, 2007
5) Rural Bank v. CA, GR No.53466, November 10, 1980
6) Basilio v. Rural Bank, GR No. 179781, April 7, 2010
7) Cua Lai Chu v. Laqui, Gr No. 169190, February 11, 2010
8) Barican v. IAC, GR No. 79906, June 20, 1988
9) Sulit v. CA, GR no. 119247, February 17, 1997

Section 64. Power of attorney

Santiago v. CA, GR No. 117014, August 14, 1995

Bicol Savings v. Ca, GR No. 85302, March 31, 1989

Section 65. Trust in registered lands

1) Huang v. CA, GR No. 108525, September 13, 1994

2) DBP v. COA, GR no. 144516, February 11, 2004
3) Mejia v. Gampona, GR no. L-9335, October 31, 1956
4) Tala v. Banco Filipino, GR No. 137533, November 22, 2002
5) Ramos vs. CA, GR No. 108121, May 10, 1994
6) Duyan v. Gomez, GR No. 144148, March 18, 2005

Section 66. Trust with power of sale, etc. how expressed.

Section 67. Judicial Appointment of new trustee
Section 68. Implied trust, how established.

II. INVOLUNTARY DEALINGS

Section 69. Attachments.

RUIZ vs. CA, GR No. 121298, July 31, 2001

Section 70. Adverse Claim

a. Requisites

Sajonas v. CA, GR No. 102377, July 5, 1996

Ching v. Enrile, GR No. 156076, September 17, 2008
LIMPIN v. IAC, Gr. No. 70987, September 29, 1988

Section 71. Surrender of Certificate of Title in involuntary dealings.

NOTE: how surrender of certiticate of title is made in an involuntraty dealings

Section 72. Dissolution, etc. of attachments, etc.

NOTE: instrument for that purpose filed with the ROD

Section 73. Registration of orders of court, etc.

Section 74. Enforcement of liens on registered lands.

NOTE: whenever there is an enforcment of lien – the proceeding or any insturment made in the
course of the proceeding shall be filed and registered with ROD (deed/officers’ return/affidavit,
certificate)

Section 75. Application for new certificate upon expiration of redemption period.

NOTE: so after the period allowed by law that no redemption is made, a new certificate of title
may now be applied by filing a petition with the court for issuance of new certificate of title

Section 76. Notice of Lis Pendens

a. purpose
b. elements
c. effects
d. applicability

San Lorenzo v. Ca, GR No. 124242, January 21, 2005

Section 77. Cancellation of Lis Pendens

Section 78. Judgement for Plaintiff (possession)

Note: It’s the judgment which shall be registerd by presenting the certificat of entry by the COC
to the ROD, who shall then enter a memorandum upon the certificate of title

Section 79. Judgment adjudicating ownership

Note: New certificate of titile will be issued here and the cancellation of the original owner’s
duplicate, and if the owner refuses to surrender the court, on application and notice, enter an order
to the owner to produce his certificate, and the court may enfore the order

Section 80. Execution of deed by virtue of judgment

Note: this refer to a deed or instrument

Section 81. Judgment of partition

Section 82. Registration of prior registered mortgage or lease on partitioned property (carry over
of the encumrance)
Section 83. Notice of Insolvency
Section 84. Judgment or order vacating insolvency prooceedings

Section 85. Land taken by eminent domain

NOTE: read on just compensation

Section 86. Extra-judicial settlement of estate

NOTE: found in rule 74, section 4 of the Rules of Court. The deed will be registered for the two
year lien to be noted. If after 2 years no claims made to the property, the claims of other heirs
who knows of the deed or has taken part of the extra judicial is now barred but if the persons
claiming does not know of such deed then he cannot be barred except through the statute of
limitations

Section 87. Filing of letter of administration and will

Section 88. Dealings of administrator subject to court approval
Section 89. Land devised to executor

CHAPTER VII. ASSURANCE FUND Section 93 to 102

CHAPTER VIII. REGISTRATION OF PATENTS

Section 103. Certificates of Title pursuant to patents

Section 103. Certificates of Title pursuant to patents

NOTE: It is the Government, through the official issuing the instrument of alienation, grant,
patent, who shall cause the registration of such documents to the ROD by filing said instrument to
ROD.
NOTE: a certificate of title issued pursuant to a public land patent partakes of the nature of a
certificate of title issued through a judicial proceedings. Once the patent is registered, it becomes
irrevocable and enjoys the same privileges as Torrens Titles. This title cannot be defeated by
adverese possession. But the Director of Lands may still conduct an investigation as to how such
title has been acquired, if the purpose of the investigation is to determine whether or not fruad has
been committed in securing the title. If there is fraudd, the government may file for cancellation
of title and reversion. Remember, public land fraudulently included in patents, no matter how
many years has passed, no prescription will lie against the State. The right of reversion is not
barred by prescription.

NOTE: Difference between the PRD 1529 and PLA CA 141.

I. Modes of Disposition of publics land for agricultural purpose

1) homestead settlement;
2) by sale
3) by lease; and
4) by confirmation of imperfect or incomplete title
a) by judicial legalization
b) by administrative legalization (free patent)

A. HOMESTEAD PATENT

MESINA v. SONZA, GR No. L-14722, May 25, 1960

NIETO v. QUINES, GR No. L-14634, January 28, 1961
BENIGA v. BUGAS, GR No. L-28918, September 29, 1970

B. SALES PATENT

NOTE: there are also public lands for residential purpose that may be sold to direct buyers
without going through the required bidding or auction. That is found in RA 730 section 1. But the
area must not exceed 1,000 square meters.

1) lands previously declared as military reservations but no longer needed for military
purpose
2) lands for education, charitable purposes

C. FREE PATENT

NOTE: RA 10023, authorizing the issuance of free patent titles to residential lands, take note of
the areas allowable

NOTE: Either sale or lease, if not approve by the DENR , then it is not valid

MANOTOK v. BARQUE, GR No. 162335, August 24, 2010

CHAPTER IX CERTIFICATE OF LAND TRANSFER,

EMANCIPATION PATENT, AFFIDAVIT OF NON-TENANCY

Section 104. Provisional Register of Documents

Section 105. Certificates of Land Transfer, Emanicapation Patents.

NOTE: Dar has quasi-judicial powers to adjudicate agrarian reform matters.

1) If there is an allegation of tenancy, the regular courts have no jurisdiction. That is found in
Section 50 of RA 6657, as amended by RA 9700.

“ No court or prosecutors’ office shall take cognizance of cases pertaining to the implementation
of the CARP except those provided uner Section 57 of RA 6657, as amended. If there is an
allegation from any of the parties that the case is agrarian in nature and one of the parties is a
farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the
prosecutor to the DAR which shall determine and certify within 15 days from referral whether an
agrarian dispute exists.

2)all cases involving the cancellation of registered emancipation patents, certificates of land
ownership award, and other titles issued under any agrarian reform are within the exclusive and
original jurisdiction of the Secretary of the DAR. But if the award or titles are already registered
with ROD, the jurisdiction is with the DARAB.

READ: MAGPILY v. DE LA CRUZ, GR NO. 167748, November 8, 2005

CENEZE V. RAMOS, GR NO. 172287, January 15, 2010

Section 106. Sale of Agricultural Land: affidavit

NOTE: Under RA No. 6657, any sale, lease, or any disposition of private lands executed by the
orignal landowners shall be null and void. All Rod are required within 30 days to inform the DAR
of any transaction involving agricultural lands in excess of five(5) hectares.

NOTE: Any sale of all tenanted lands requires a clearance from the DAR

-
CHAPTER X PETITIONS AND ACTIONS AFTER ORIGINAL
REGISTRATION

Section 107. Surrender of withheld duplicate certificate

Note: remedy if duplicate CT is withheld

Section 108. Amendement and alteration of certificates

Note: any alteration and amendment to be made on the CT must be upon order of the
court, so to do that a petition must be filed with the RTC, but the court has no jurisdiction
to reopen the judgment or decree of registration.

NOTE: take note of the grounds for petition for amendment or alteration of CT

Del Prado v. Caballero, GR No. 148225, March 3, 2010

Section 109. Notice and replacement of lost duplicate certificate

NOTE: this governs the replacement of lost duplicate certificate

Procedure:

1) the registered under oath shall send a notice to the ROD of the loss or destruction
of the duplicate certificate, this is made through affidavit of loss, this will be
annotated to the original title kept in the ROD
2) a petition is then filed with the court where the land is located
3) said petition shall state under oath the facts surrounding the loss or destruction
4) the court shall set the petition for hearing after all interested parties are notified,
no publication but other courts sometimes requires it to be sure.
5) after hearing, if the court finds the evidence sufficient, the court may now 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 or destroyed duplicate

Section 110. Reconstitution of lost or destroyed original of Torrens Title

NOTE: judicial or administrative

NOTE: the one lost or destroyed is the original title kept in the ROD. The governing law
for this is RA No. 26. It is not the ROD who should file the case but the party in interest,
the ROD may oppose if the allegations in petition is not true.

NOTE: take note of the sources of document in cases of restoration, it must be in the
order stated. The requirement of publication, posting and mailing is jurisdictional,
absence of the each will make the decision null and void since the court did not acquire
jurisdicition.
Take note that reconstitution may be barred by laches.

Republic v. El Gobierno del las Islas Filipinas, GR No. 142284, June 8, 2005
Republic vs. IAC, GR No. 71835, April 30, 1991
Puzon v. sta. Lucia realty, GR No. 139518, March 6, 2001

NOTE: For administrative, it is govern by RA 6723, this is intended for non-

controversial cases. This may be availed only in substantial loss or destruction of land
titles due to fire, flood, or other force majeure, as may be determined by the LRA, on the
condition that:
A) the number of certificates of titles lost should be atleast 10% of the total number
in the possession of the office of the ROD.
B) In no case shall the number of certificates be less than 500.

It is the LRA who decides the petition filed through the ROD, but said decision is
not subject to res judicata

NOTE: a cancellation of Torrens title should only be in a proceeding directly attacking

the title. If there is already a prior title in the name of another person, the reconstitution
cannot proceed, thus petition should be dismissed. The court or LRA has no jurisdiction
to decide the issue on ownership over the property or validity of the title because the
purpose of reconstitution is solely to replace a certificate of title that was lost or
destroyed, that’s a separate issue.