Land Titles and Deeds (Agcaoili) (2022)

FROM THE ANNOTATIONS OF AGCAOILI AND LECTURES OF ATTY PANES, MD
2) shall be based on the generally accepted

principles underlying the Torrens system.
LAND TITLES AND DEEDS Jurisdiction

What court has jurisdiction? Courts of First
Instance, now Regional Trial Court have the exclusive
jurisdiction over
1) all applications for original registration of title
FIRST EXAM TOPICS to lands, including improvements and interests
therein
PD 1529 2) all petitions filed after original registration of
PROPERTY REGISTRATION DECREE title with power to hear and determine all
questions arising upon such applications or
Section 1. Title of Decree. This Decree shall be petitions
known as the PROPERTY REGISTRATION
DECREE. Duties of the clerk of court
The court through its clerk of court shall furnish the
Section 2. Nature of registration proceedings; Land Registration Commission with two certified
jurisdiction of courts. Judicial proceedings for the copies of all pleadings, exhibits, orders, and
registration of lands throughout the Philippines decisions filed or issued in applications or
shall be in rem and shall be based on the generally petitions for land registration, with the exception of
accepted principles underlying the Torrens stenographic notes, within five days from the filing or
system. issuance thereof.
Courts of First Instance shall have exclusive
CONCEPT OF JURA REGALIA
jurisdiction over all applications for original
registration of title to lands, including
improvements and interests therein, and over all History
petitions filed after original registration of title, The Philippines passed to Spain the title of lands by
with power to hear and determine all questions virtue of “discovery” and conquest. All lands of public
arising upon such applications or petitions. The domain, except those under Indigenous People
court through its clerk of court shall furnish the Rights act which are considered lands of private
Land Registration Commission with two certified ownership, are transferred to the Spanish Crown.
copies of all pleadings, exhibits, orders, and
decisions filed or issued in applications or petitions Jura regalia - refers to royal rights, or those rights
for land registration, with the exception of which the King has by virtue of his prerogatives. In
stenographic notes, within five days from the Spanish law, it refers to a right which the sovereign has
filing or issuance thereof. over anything in which a subject has a right of property
or propriedad.
Whereas clause
There is a need to update the Land Registration Act Pursuant to the Regalian Doctrine (Jura Regalia), a legal
and to codify the various laws relative to registration of concept first introduced into the country from the
property, in order to West by Spain through the Laws of the Indies and the
1) facilitate effective implementation of said laws Royal Cedulas, all lands of the public domain belong to
2) to strengthen the Torrens system by adopting the State. This means that the State is the source of
safeguards to prevent anomalous titling of real any asserted right to ownership of land, and is
property, and charged with the conservation of such patrimony.
3) to streamline and simplify registration (Heirs of Malabanan v. Republic)
proceedings and the issuance of certificates of
title 1) Laws of Indies and the Royal Cedulas
4) to hasten the implementation of the land 2) Ley Hipotecaria (Mortgage Law of 1983) -
reform program of the country form an systematic registration of titles and deeds as
integral part of the property registration laws well as possessory claims
pursuant to PD 27 3) Maura Law (The Royal Decree of 1894) - partly
an amendment of the Mortgage Law as well as
Nature of proceedings the Laws of the Indies, as already amended by
Judicial proceedings for the registration of lands previous orders and decrees. This was the last
throughout the Philippines shall be Spanish land law promulgated in the
1) in rem - an action or procedure instituted Philippines. It required the “adjustment” or
against a particular thing and not against a registration of all agricultural lands, otherwise
person the lands shall revert to the state
Land Titles and Deeds | VENTEROSO

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4) Treaty of Paris (December 10, 1898) - Spain Classification of lands (Heirs of Malabanan v.
ceded to the government of the United States Republic)
all rights, interests and claims over the national 1935 1973 1987
territory of the Philippine Islands agricultural, agricultural, agricultural,
forest or
industrial or forest or
1987 Constitution timber, and
commercial, timber, mineral
Art XII, Sec 2 mineral residential, and national
SECTION 2. All lands of the public domain, waters, resettlement, parks
minerals, coal, petroleum, and other mineral oils, all mineral, timber
forces of potential energy, fisheries, forests or or forest, and
timber, wildlife, flora and fauna, and other natural grazing lands,
resources are owned by the State. With the and such other
exception of agricultural lands, all other natural classes as may
resources shall not be alienated. The be provided by
exploration, development, and utilization of law
natural resources shall be under the full control Sec 1, Article Sec 8, Article 14 Sec 3, Article 12
and supervision of the State. The State may 13
directly undertake such activities, or it may enter into
co-production, joint venture, or production-sharing The doctrine does not negate native title;
agreements with Filipino citizens, or corporations exception
or associations at least sixty per centum of whose Native title – possession from time immemorial
capital is owned by such citizens. Such agreements Cariño v. Insular Government
may be for a period not exceeding twenty-five years, It might, perhaps, be proper and sufficient to say that
renewable for not more than twenty-five years, and when, as far back as testimony or memory goes,
under such terms and conditions as may be provided the land has been held by individuals under a
by law. In cases of water rights for irrigation, water claim of private ownership, it will be presumed to
supply, fisheries, or industrial uses other than the have been held in the same way from before the
development of water power, beneficial use may be
Spanish conquest, and never to have been public land.”
the measure and limit of the grant.
IPRA (Indigenous Peoples Rights Act) - recognizes
Regalian doctrine
the existence of ICCs/IPs as a distinct sector in
GR: Under the Regalian doctrine, all lands of whatever
Philippine society. It grants these people the ownership
classification and other natural resources are
and possession of their ancestral domains and ancestral
presumed to belong to the State which is the source
lands, and defines the extent of these lands and
of any asserted right to ownership of the land
domains. The ownership given is the indigenous
XPN: Those appearing to be clearly within private
concept of ownership under customary law which
ownership, agricultural lands and native titles
traces its origin to native title.
1) By incontrovertible (clear and convincing)
evidence that the land is alienable or disposable
Dissenting:
2) Proved by the person applying registration
Justice Vitug - would grant the petition, saying that
Cariño cannot override the collective will of the people
Basis of Regalian doctrine
expressed in the Constitution. It is in them that
 Dominium and not imperium
sovereignty resides and from them that all
 Spain acquired title only over lands which are
government authority emanates. It is not then for a
unoccupied and unclaimed (public dominion)
court ruling or any piece of legislation to be conformed
 Those under private ownership were not
to by the fundamental law, but it is for the former to
acquired
adapt to the latter, and it is the sovereign act that must,
between them, stand inviolate.
Classification under the Constitution
1) 1935 Constitution - classified lands of the
Justice Panganiban - was more forthright when he
public domain into agricultural, forest or
stated that all Filipinos, whether indigenous or not, are
timber.
subject to the Constitution, and that no one is
2) 1973 Constitution - provided the following
exempt from its all-encompassing provisions
divisions: agricultural, industrial or
commercial, residential, resettlement, mineral,
timber or forest and grazing lands, and such Lands of public domain
other classes as may be provided by law, giving  It is destined for:
the government great leeway for classification. 1) Public use
3) 1987 Constitution - reverted to the 1935 2) Public service
Constitution classification with one addition: 3) Development of national wealth
national parks.  Classified into:
1) Agricultural – XPN: can be alienated
2) Forest or timber

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3) Mineral lands
4) National parks CA 141
 Includes: SECTION 48. The following-described citizens of
1) Alienable and disposable lands the Philippines, occupying lands of the public
a) Patrimonial lands domain or claiming to own any such lands or an
b) Agricultural lands interest therein, but whose titles have not been
perfected or completed, may apply to the Court of
Article 420. The following things are property of First Instance of the province where the land is
public dominion: located for confirmation of their claims and the
issuance of a certificate of title therefor, under
1) Those intended for public use, such as roads, the Land Registration Act, to wit:
canals, rivers, torrents, ports and bridges a) Those who prior to the transfer of
constructed by the State, banks, shores, sovereignty from Spain to the prior United
roadsteads, and others of similar character; States have applied for the purchase,
2) Those which belong to the State, without composition or other form of grant of lands
being for public use, and are intended for of the public domain under the laws and
some public service or for the development royal decrees then in force and have
of the national wealth. (339a) instituted and prosecuted the proceedings in
connection therewith, but have with or
without default upon their part, or for any
Alienable and disposable lands
other cause, not received title therefor, if
Alienable and disposable lands of the State fall into two such applicants or grantees and their heirs
categories, to wit: have occupied and cultivated said lands
a) patrimonial lands of the State, or those continuously since the filing of their
classified as lands of private ownership under applications.
Article 425 of the Civil Code, without b) Those who by themselves or through
limitation; and their predecessors in interest have been
b) lands of the public domain, or the public in open, continuous, exclusive, and
lands as provided by the Constitution, but with notorious possession and occupation of
the limitation that the lands must only be agricultural lands of the public domain,
agricultural. (Heirs of Malabanan v. under a bona fide claim of acquisition or
Republic) ownership, for at least thirty years
immediately preceding the filing of the
application for confirmation of title
Before lands classified as forest or timber, mineral, or national except when prevented by war or force
parks may be alienable and disposable, they must be reclassified majeure. These shall be conclusively
as agricultural presumed to have performed all the
Consequently, lands classified as forest or timber, conditions essential to a Government
mineral, or national parks are not susceptible of grant and shall be entitled to a certificate
alienation or disposition unless they are reclassified of title under the provisions of this
as agricultural. A positive act of the Government is chapter.
necessary to enable such reclassification, and the c) Members of the national cultural minorities
exclusive prerogative to classify public lands under who by themselves or through their
existing laws is vested in the Executive Department, predecessors-in-interest have been in open,
not in the courts. (Heirs of Malabanan v. continuous, exclusive and notorious
Republic) possession and occupation of lands of the
public domain suitable to agriculture,
Rule if there is no classification whether disposable or not, under a bona fide
If, however, public land will be classified as neither claim of ownership for at least 30 years shall
agricultural, forest or timber, mineral or national be entitled to the rights granted in sub-
park, or when public land is no longer intended for section (b) hereof.
public service or for the development of the national  Possession of inalienable and disposable
wealth, thereby effectively removing the land from public agricultural lands, no matter how
the ambit of public dominion, a declaration of long, cannot ripen into private ownership
such conversion must be made in the form of a
law duly enacted by Congress or by a Patrimonial lands
Presidential proclamation in cases where the Article 422. Property of public dominion, when no
President is duly authorized by law to that longer intended for public use or for public service,
effect. (Heirs of Malabanan v. Republic) shall form part of the patrimonial property of the
State. (341a)
Revised Forestry Code, Sec 3
(c) Alienable and disposable lands refer to those DENR v. Yap
lands of the public domain which have been the Regalian Doctrine and power of the executive to reclassify lands
subject of the present system of classification and
of the public domain
declared as not needed for forest purposes.

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The Regalian Doctrine dictates that all lands of the 7) PD No. 1073 - which now provides for
public domain belong to the State, that the State is possession and occupation of the land applied
the source of any asserted right to ownership of for since June 12, 1945, or earlier
land and charged with the conservation of such 8) PD No. 892 - discontinued the use of Spanish
patrimony. The doctrine has been consistently titles as evidence in land registration
adopted under the 1935, 1973, and 1987 Constitutions. proceedings. Under the decree, all holders of
Spanish titles or grants should apply for
Laws governing disposition of public lands registration of their lands under Act No. 496
1) Philippine Bill 1902 - lands of the public within six (6) months from the effectivity of
domain in the Philippine Islands were classified the decree on February 16, 1976.
into three (3) grand divisions, to wit: 9) PD 1529 (Property Registration Decree) -
agricultural, mineral, and timber or forest enacted to codify the various laws relative to
lands. The act provided for, among others, the registration of property. It governs registration
disposal of mineral lands by means of absolute of lands under the Torrens system as well as
grant (freehold system) and by lease (leasehold unregistered lands, including chattel
system). It also provided the definition by mortgages.
exclusion of "agricultural public lands."
(agricultural lands – not timber and mineral A positive act is required
acquired from Spain) A positive act declaring land as alienable and
2) Philippine Legislature passed Act No. 496 disposable is required. In keeping with the
(Land Registration Act) - established a presumption of State ownership, the Court has time
system of registration by which recorded and again emphasized that there must be a positive act
title becomes absolute, indefeasible, and of the government, such as an official proclamation,
imprescriptible. This is known as the Torrens declassifying inalienable public land into disposable
system land for agricultural or other purposes. In fact, Section
3) Act No 926 (Public Land Act) - introduced 8 of CA No. 141 limits alienable or disposable lands
the homestead system and made provisions for only to those lands which have been "officially
judicial and administrative confirmation of delimited and classified."
imperfect titles and for the sale or lease of
public lands. It permitted corporations To prove that the land subject of an application for
regardless of the nationality of persons owning registration is alienable, the applicant must establish
the controlling stock to lease or purchase lands the existence of a positive act of the government such
of the public domain. as a
 open, continuous, exclusive, and 1) presidential proclamation or
notorious possession and occupation 2) an executive order;
of agricultural lands for the next ten 3) an administrative action;
(10) years preceding July 26, 1904 was 4) investigation reports of Bureau of Lands
sufficient for judicial confirmation of investigators; and
imperfect title 5) a legislative act or a statute.
4) Act No. 2874 (Second Public Land Act) –
superseded Act 926 ☻Before November 29, 1919 the Courts have the
 This new, more comprehensive law prerogative to classify lands pursuant to Act 2874☻
limited the exploitation of agricultural
lands to Filipinos and Americans and Burden of proof
citizens of other countries which gave The burden of proof in overcoming the presumption
Filipinos the same privileges. For of State ownership of the lands of the public domain is
judicial confirmation of title, on the person applying for registration (or claiming
possession and occupation en ownership), who must prove that the land subject of
concepto dueño since time the application is alienable or disposable.
immemorial, or since July 26, 1894, was
required. In the case at bar, no such proclamation, executive
5) CA 141 - remains as the existing general law order, administrative action, report, statute, or
governing the classification and disposition certification was presented to the Court. The records
of lands of the public domain other than are bereft of evidence showing that, prior to 2006, the
timber and mineral lands, and privately owned portions of Boracay occupied by private claimants
lands which reverted to the State. were subject of a government proclamation that the
6) Republic Act (RA) No. 1942 – superseded land is alienable and disposable. Absent such well-nigh
Section 48(b) of CA No. 141 incontrovertible evidence, the Court cannot accept the
 provided for a simple thirty-year submission that lands occupied by private claimants
prescriptive period for judicial were already open to disposition before 2006. Matters
confirmation of imperfect title.

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of land classification or reclassification cannot be Declassification of forest and mineral lands, as the case
assumed. They call for proof. may be, and their conversion into alienable and
disposable lands need an express and positive act from
Classification of Boracay the government.
GENERAL RULE FOR UNCLASSIFIED
LANDS: Sec 3(a), Revised Forestry Code What is the effect of land classification on prior or
(a) Public forest is the mass of lands of the public private rights?
domain which has not been the subject of the Republic v. CA
present system of classification for the While the government has the right to classify portions
determination of which lands are needed for forest of public lands, the primary right of a private
purposes and which are not. individual who possessed and cultivated the land
in good faith much prior to such classification
Proclamation No. 1801 – November 10, 1978, by must be recognized and should not be prejudiced
President Marcos by after events which could not have been
 declaring the Boracay Island, among anticipated.
other islands, caves and peninsulas in
the Philippines, as tourist zones and
Director of Lands v. IAC
marine reserves
Until public lands are actually registered, they retain
 NOT CONSIDERED AS A VALID
their public character and it is only after a possessor
CLASSIFICATION
has been issued a certificate of title, that land can
Proclamation No. 1064 - May 22, 2006, by President
be considered private land.
Arroyo classifying Boracay Island into
1) 400 hectares of reserved forest and
2) 628,96 hectares of agricultural land What divests of its title to the land is the issuance of
the patent and its subsequent registration in the
 CONSIDERED AS A VALID
Office of the Register of Deeds. Such registration is
CLASSIFICATION
the operative act that would bind the land and convey
Republic v. Naguiat its ownership for the applicant.
In relation to the 1987 Constitution; regalian doctrine
Under Section 2, Article XII of the Constitution, which NON-REGISTRABLE PROPERTIES
embodies the Regalian doctrine, all lands of the public 1) Property of public dominion
domain belong to the State – the source of any asserted 2) Forest lands
right to ownership of land. All lands not appearing to 3) Watersheds
be clearly of private dominion presumptively belong to 4) Mangrove swamps
the State. Accordingly, public lands not shown to have 5) Mineral lands
been reclassified or released as alienable agricultural 6) Natural resources in ancestral domains
land or alienated to a private person by the State remain 7) National parks
part of the inalienable public domain. Under Section 6 8) Military or naval reservation
of the Public Land Act, the prerogative of classifying 9) Foreshore or reclaimed lands
or reclassifying lands of the public domain, i.e., from 10) Lakes
forest or mineral to agricultural and vice versa, belongs 11) Navigable rivers
to the Executive Branch of the government and not 12) Creeks
the court. Needless to stress, the onus to overturn, by 13) Reservations for public and semi-public
incontrovertible evidence, the presumption that the purposes
land subject of an application for registration is
alienable or disposable rests with the applicant. Natural resources
Article 502. The following are of public dominion:
There is no positive act from the government 1) Rivers and their natural beds;
Here, respondent never presented the required 2) Continuous or intermittent waters of springs
certification from the proper government agency or and brooks running in their natural beds and
official proclamation reclassifying the land applied for the beds themselves;
3) Waters rising continuously or intermittently
as alienable and disposable. Matters of land
on lands of public dominion;
classification or reclassification cannot be assumed. It
4) Lakes and lagoons formed by Nature on
calls for proof. Aside from tax receipts, respondent public lands, and their beds;
submitted in evidence the survey map and technical 5) Rain waters running through ravines or sand
descriptions of the lands, which, needless to state, beds, which are also of public dominion;
provided no information respecting the classification 6) Subterranean waters on public lands;
of the property. As the Court has held, however, these 7) Waters found within the zone of operation
documents are not sufficient to overcome the of public works, even if constructed by a
presumption that the land sought to be registered contractor;
forms part of the public domain. 8) Waters rising continuously or intermittently
on lands belonging to private persons, to the

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State, to a province, or to a city or a c) Alienable and disposable – agricultural

municipality from the moment they leave lands
such lands;  It is the executive branch’s
9) The waste waters of fountains, sewers and prerogative through the President
public establishments. (407) to classify lands
d) Foreshore and submerged areas – part of
Ownership of waters the lands of public domain, waters and
PD 1067 other natural resources and consequently
The Water Code of the Philippines owned by the State
ARTICLE 5. The following belong to the State:
 Cannot be alienated unless they are
a) Rivers and their natural beds;
classified as agricultural lands of
b) Continuous or intermittent waters of springs
public domain
and brooks running in their natural beds and
the beds themselves;
Director of Lands v. CA
c) Natural lakes and lagoons;
FACTS: The Valerianos claimed that they are the co-
d) All other categories of surface waters such as
owners in fee simple of the land applied for partly
water flowing over lands, water from rainfall
through inheritance in 1918 and partly by purchase on
whether natural or artificial, and water from
May 2, 1958
agriculture runoff, seepage and drainage;
 it is not within any forest zone or military
e) Atmospheric water;
reservation; and
f) Subterranean or ground waters; and
 that the same is assessed for taxation purposes
g) Seawater.
in their names.
ARTICLE 6. The following waters found on private
Director of Forest: The Republic of the Philippines,
lands also belong to the State:
represented by the Director of the Bureau of Forest
a) Continuous or intermittent waters rising on
Development opposed the application on the principal
such lands;
ground that the land applied for is within the
b) Lakes and lagoons naturally occurring on such
unclassified region of Obando, Bulacan, per BF Map
lands;
LC No. 637 dated March 1, 1927; and that areas within
c) Rain water falling on such lands;
the unclassified region are denominated as forest
d) Subterranean or ground waters; and
lands and do not form part of the disposable and
e) Water in swamps and marshes.
alienable portion of the public domain.
Property of public dominion
RTC: Ordered registration of the subject land in favor
Article 420. The following things are property of
of the Applicants,
public dominion:
1) Those intended for public use, such as roads,  their predecessors-in-interest have been in
canals, rivers, torrents, ports and bridges open, public, continuous, peaceful and adverse
constructed by the State, banks, shores, possession of the subject parcel of land under
roadsteads, and others of similar character; a bona fide claim of ownership for more than
2) Those which belong to the State, without 30 years prior to the filing of the application
being for public use, and are intended for  It further opined that "since the subject
some public service or for the development property is entirely devoted to fishpond
of the national wealth. (339a) purposes, it cannot be categorized as part
of forest lands. "
GR: All lands belong to the state unless it is clearly for
private ownership (Regalian Doctrine) ISSUE: Whether or not applicants are entitled to
a) Patrimonial property judicial confirmation of title
 Property of public dominion, when
no longer needed for public use or RULINGS: No
for public service shall form part of The Executive Department has the sole prerogative of the
the patrimonial property of the classification of lands
State The classification of public lands is an exclusive
 Incapable of appropriation prerogative of the Executive Department of the
 Owned by the State in its private Government and not of the Courts. In the absence of
capacity such classification, the land remains as unclassified
 It is the Congress who will declare land until it is released therefrom and rendered open to
that a land or property is no longer disposition. This should be so under time-honored
used for public use, service and Constitutional precepts. This is also in consonance
national wealth with the Regalian doctrine that all lands of the public
b) Those lands used for public use, public domain belong to the State, and that the State is the
service, development of national wealth

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source of any asserted right to ownership in land and Alpasan. The latter also filed an opposition, claiming
charged with the conservation of such patrimony. that he is entitled to have said lot registered in his name.
A cadastral survey does not make a land alienable Director of Forestry: also filed an opposition to the
While it may be that the Municipality of Obando has application for registration of title claiming that the
been cadastrally surveyed in 1961, it does not follow land was mangrove swamp which was still classified
that all lands comprised therein are automatically as forest land and part of the public domain.
released as alienable. A survey made in a cadastral
proceeding merely Identifies each lot preparatory Heirs of Amunategui: Lot No. 885 cannot be classified
to a judicial proceeding for adjudication of title to as forest land because it is not thickly forested but is a
any of the lands upon claim of interested parties. "mangrove swamp."
Besides, if land is within the jurisdiction of the Bureau
of Forest Development, it would be beyond the RTC: adjudicated 117,956 square meters to Emeterio
jurisdiction of the Cadastral Court to register it under Bereber and the rest of the land containing 527,747
the Torrens System. square meters was adjudicated in the proportion of 5/6
share to Angel Alpasan and 1/6 share to Melquiades
When the property is unclassified, it cannot ripen into private Borre
ownership
Since the subject property is still unclassified, whatever CA: the conclusion so far must have to be that as to
possession Applicants may have had, and, however the private litigants that have been shown to have a
long, cannot ripen into private ownership. better right over Lot 885 are, as to the northeastern
portion of a little less than 117,956 square meters, it
The conversion of subject property into a fishpond was Emeterio Bereber and as to the rest of 527,747
by Applicants, or the alleged titling of properties square meters, it was the heirs of Jose Amunategui. The
around it, does not automatically render the application as well as all the oppositions with the
property as alienable and disposable. Applicants' exception of that of the Director of Forestry which is
remedy lies in the release of the property from its hereby sustained are dismissed
present classification. In fairness to Applicants, and it 1925 – classified as forest
appearing that there are titled lands around the subject 1950 – converted into a fishpond
property, petitioners-officials should give serious
consideration to the matter of classification of the land ISSUE: whether or not Lot No. 885 is public forest
in question. land, not capable of registration in the names of the
private applicants.
Forest lands
If the land forms part of public forest, possession RULING: YES
thereof, no matter how long, cannot convert into The classification of “forest lands” is not descriptive of what it
private property as it is within the exclusive jurisdiction looks like, rather by its legal nature or status
of the Bureau of Forest Development and beyond the A forested area classified as forest land of the public
power and jurisdiction of the registration court. Forest domain does not lose such classification simply
lands cannot be alienated in favor of private persons or because loggers or settlers may have stripped it of its
entities. forest cover. Parcels of land classified as forest land
may actually be covered with grass or planted to crops
Heirs of Amunategui v. Director of Forestry by kaingin cultivators or other farmers. "Forest lands"
FACTS: The parcel of land sought to be registered is do not have to be on mountains or in out of the way
known as Lot No. 885 of the Cadastral Survey of Pilar, places. Swampy areas covered by mangrove trees, nipa
Capiz, and has an area of 645,703 square meters. Roque palms, and other trees growing in brackish or sea water
Borre and Melquiades Borre, filed the application for may also be classified as forest land. The classification
registration. In due time, the heirs of Jose Amunategui is descriptive of its legal nature or status and does not
filed an opposition to the application of Roque and have to be descriptive of what the land actually looks
Melquiades Borre. At the same time, they prayed that like. Unless and until the land classified as "forest" is
the title to a portion of Lot No. 885 of Pilar Cadastre released in an official proclamation to that effect so
containing 527,747 square meters be confirmed and that it may form part of the disposable agricultural
registered in the names of said Heirs of Jose lands of the public domain, the rules on confirmation
Amunategui. Another oppositor, Emeterio Bereber of imperfect title do not apply.
filed his opposition insofar as a portion of Lot No. 885
containing 117,956 square meters was concerned and The decision of the appellate court is not based merely
prayed that title to said portion be confirmed and on the presumptions implicit in Commonwealth Act
registered in his name. During the progress of the trial, No. 141 as amended. The records show that Lot No.
applicant-petitioner Roque Borre sold whatever rights 885 never ceased to be classified as forest land of the
and interests he may have on Lot No. 885 to Angel public domain.

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Exception; native title Definition of mangrove swamps

"As held in Oh Cho v. Director of Lands, 75 Phil. 890, Montano v. Insular Government - promulgated in
all lands that were not acquired from the Government, 1909, mangrove swamps or manglares were defined by
either by purchase or by grant, belong to the public the Court as: mud flats, alternately washed and
domain. An exception to the rule would be any land exposed by the tide, in which grows various
that should have been in the possession of an kindred plants which will not live except when
occupant and of his predecessors in-interests watered by the sea, extending their roots deep into
since time immemorial, for such possession would the mud and casting their seeds, which also
justify the presumption that the land had never germinate there. These constitute the mangrove flats
been part of the public domain or that it had been of the tropics, which exist naturally, but which are also,
a private property even before the Spanish to some extent cultivated by man for the sake of the
conquest." combustible wood of the mangrove and like trees as
well as for the useful nipa palm propagated thereon.
Possession of lands of public domains cannot ripen into ownership Although these flats are literally tidal lands, yet we are
The evidence is clear that Lot No. 885 had always been of the opinion that they cannot be so regarded in
public land classified as forest. the sense in which that term is used in the cases
Similarly, in Republic v. Vera (120 SCRA 210), we cited or in general American jurisprudence. The
ruled: waters flowing over them are not available for
". . . The possession of public land however long the purpose of navigation, and they may be disposed
period thereof may have extended, never confers title of without impairment of the public interest in
thereto upon the possessor because the statute of what remains.
limitations with regard to public land does not operate
against the State, unless the occupant can prove Under this uncertain and somewhat unsatisfactory
possession and occupation of the same under claim condition of the law, the custom had grown of
of ownership for the required number of years to converting manglares and nipa lands into fisheries
constitute a grant from the State. which became a common feature of settlement along
the coast and at the same time of the change of
Watersheds sovereignty constituted one of the most productive
A watershed is a body of land bounded above by a industries of the Islands, the abrogation of which
ridge or water divide and below by the level at which would destroy vested interests and prove a public
water drains from it. Watersheds occur in upland areas; disaster.
thus, except on flat islands, almost three-fourths of the
Philippine terrain are characterized by large watersheds Mangrove swamps were thus considered
or river. agricultural lands and so susceptible of private
ownership.
Mangrove swamps
Mangrove swamps or manglares were defined by the Administrative Code of 1917 - Subsequently, the
Court as: mud flats, alternately washed and exposed by Philippine Legislature categorically declared, despite
the tide, in which grows various kindred plants which the above-cited case, that mangrove swamps form part
will not live except when watered by the sea, extending of the public forests of this country. This it did in the
their roots deep into the mud and casting their seeds, Administrative Code of 1917, which became effective
which also germinate there. (Montano v. Insular on October 1 of that year, thus:
Government) Section 1820. Words and phrase defined. - For the
purpose of this chapter 'public forest' includes, except
Director of Forestry v. Villareal as otherwise specially indicated, all unreserved public
FACTS: Villareal applied for its registration on January land, including nipa and mangrove swamps, and
25, 1949, alleging that he and his predecessors-in- all forest reserves of whatever character.
interest had been in possession of the land which
consists of 178,113 square meters of mangrove Jocson v. Director of Forestry - It is noteworthy,
swamps for more than forty years. though, that notwithstanding this definition, the
Court maintained the doctrine in the Montano
CFI: Approved case when two years later it held in the case of Jocson v.
CA: Affirmed Director of Forestry:
Director of Forestry: land in dispute was forestal in ...the words timber land are always translated in the
nature and not subject to private appropriation. He Spanish translation of that Act (Act of Congress) as
asks that the registration be reversed. terrenos forestales. We think there is an error in this
translation and that a better translation would be
ISSUE: What is the classification of mangrove 'terrenos madereros.' Lumber land in English means
swamps? land with trees growing on it. The mangler plant
RULING: would never be called a tree in English but a bush,

8
and land which has only bushes, shrubs or aquatic The President, upon recommendation by the
plants growing on it cannot be called 'timber land. Secretary of Agriculture and Natural Resources,
shall from time to time make the classifications
The fact that there are a few trees growing in a provided for in this section, and may, at any time and
manglare or nipa swamps does not change the general in a similar manner, transfer lands from one class to
character of the land from manglare to timber land. another.
Garchitorena Vda. de Centenera v. Obias - The The President of the Philippines may in like manner by
opposition rests mainly upon the proposition that the proclamation alter or modify the boundaries of any
land covered by the application there are mangrove forest reserve from time to time, or revoke any such
lands as shown in his opponent's Exh. 1, but we think proclamation, and upon such revocation such
this opposition of the Director of Forestry is forest reserve shall be and become part of the
untenable, inasmuch as it has been definitely decided public lands as though such proclamation had
that mangrove lands are not forest lands in the never been made.
sense in which this phrase is used in the Act of
Congress. Sec. 1827. Assignment of forest land for
agricultural purposes. - Lands in public forest, not
Republic v. De Porkan, the Court, citing Krivenko including forest reserves, upon the certification of
v. Register of Deeds - reiterated the ruling in the the Director of Forestry that said lands are better
Mapa case that "all public lands that are not timber adapted and more valuable for agricultural than
or mineral lands are necessarily agricultural public for forest purposes and not required by the
lands, whether they are used as nipa swamps, public interests to be kept under forest, shall be
declared by the Department Head to be
manglares, fisheries or ordinary farm lands.
agricultural lands.
Yngson v. Secretary of Agriculture and Natural Mangrove swamps or manglares should be
Resources - the Bureau of Fisheries has no understood as comprised within the public forests
jurisdiction to dispose of swamp lands or mangrove of the Philippines as defined in the aforecited
lands forming part of the public domain while such Section 1820 of the Administrative Code of 1917.
lands are still classified as forest lands. The legislature having so determined, we have no
authority to ignore or modify its decision, and in effect
Heirs of Amunategui v. Director of Forestry – veto it, in the exercise of our own discretion. The
Classification of a public forest is not descriptive of statutory definition remains unchanged to date and, no
what it looks like, but on its legal nature or status less noteworthy, is accepted and invoked by the
executive department. More importantly, the said
In present case - A forested area classified as forest provision has not been challenged as arbitrary or
land of the public domain does not lose such unrealistic or unconstitutional assuming the requisite
classification simply because loggers or settlers conditions, to justify our judicial intervention and
may have stripped it of its forest cover. Parcels of scrutiny. The law is thus presumed valid and so must
land classified as forest land may actually be covered be respected. We repeat our statement in the
with grass or planted to crops by kaingin Amunategui case that the classification of mangrove
cultivators or other farmers. 'Forested lands' do not swamps as forest lands is descriptive of its legal nature
have to be on mountains or in out-of-the-way places. or status and does not have to be descriptive of what
Swampy areas covered by mangrove trees, nipa the land actually looks like. That determination having
palms, and other trees growing in brackish or sea been made and no cogent argument having been raised
water may also be classified as forest land. The to annul it, we have no duty as judges but to apply it.
classification is descriptive of its legal nature or status And so we shall.
and does not have to be descriptive of what the land
actually looks like. Unless and until the land The definition of forestry as including manglares found in the
classsified as 'forest' is released in an official Administrative Code of 1917 cannot affect rights which vested
proclamation to that effect so that it may form part prior to its enactment.
of the disposable agricultural lands of the public Our previous description of the term in question as
domain, the rules on confirmation of imperfect pertaining to our agricultural lands should be
titles do not apply.' understood as covering only those lands over which
ownership had already vested before the
Faced with these apparent contradictions, the Court Administrative Code of 1917 became effective.
feels there is a need for a categorical pronouncement Such lands could not be retroactively legislated as
that should resolve once and for all the question of forest lands because this would be violative of a duly
whether mangrove swamps are agricultural lands or acquired property right protected by the due
forest lands. process clause. So we ruled again only two months
ago in Republic of the Philippines vs. Court of Appeals, where
the possession of the land in dispute commenced as

9
early as 1909, before it was much later classified as

timberland. Significantly, the tax declarations made by the private
respondent were practically the only basis used by the
It follows from all this that the land under contention appellate court in sustaining his claim of possession
being admittedly a part of the mangrove swamps of over the land in question. Tax declarations are, of
Sapian, and for which a minor forest license had in fact course, not sufficient to prove possession and much
been issued by the Bureau of Forestry from 1920 to less vest ownership in favor of the declarant, as we
1950, it must be considered forest land. It could have held in countless cases.
therefore not be the subject of the adverse
possession and consequent ownership claimed by Palomo v. CA
the private respondent in support of his FACTS:
application for registration. To be so, it had first to 1) Executive Order No. 40 - June 13, 1913,
be released as forest land and reclassified as agricultural Governor General of the Philippine Islands,
land pursuant to the certification the Director of reserved for provincial park purposes some
Forestry may issue under Section 1827 of the Revised 440,530 square meters of land situated in
Administrative Code. Barrio Naga, Municipality of Tiwi, Province of
Albay pursuant to the provisions of Act 648 of
Mere existence of the cadastral survey plan will not convert forest the Philippine Commission.
land into agricultural land; Director of Forestry has the authority 2) The then Court of First Instance of Albay, 15th
in Sec 1827 Revised Administrative Code Judicial District, United States of America,
The private respondent invokes the survey plan of the ordered the registration of 15 parcels of land
mangrove swamps approved by the Director of Lands, covered by Executive Order No. 40 in the
to prove that the land is registerable. It should be plain, name of Diego Palomo. Diego Palomo
however, that the mere existence of such a plan would donated these parcels of land consisting of
not have the effect of converting the mangrove 74,872 square meters to his heirs Ignacio and
swamps, as forest land, into agricultural land. Such Carmen Palomo two months before his death
approval is ineffectual because it is clearly inofficious. in April 1937
The Director of Lands was not authorized to act in 3) Claiming that the aforesaid original certificates
the premises. Under the aforecited law, it is the of title were lost during the Japanese
Director of Forestry who has the authority to occupation, Ignacio Palomo filed a petition
determine whether forest land is more valuable for for reconstitution with the Court of First
agricultural rather than forestry uses, as a basis for Instance of Albay on May 30, 1950.
its declaration as agricultural land and release for 4) Proclamation No. 47 - July 10, 1954,
private ownership. President Ramon Magsaysay, converting the
area embraced by Executive Order No. 40 into
It is elementary in the law governing the disposition of the "Tiwi Hot Spring National Park," under the
lands of the public domain that until timber or forest control, management, protection and
lands are released as disposable and alienable neither administration of the defunct Commission of
the Bureau of Lands nor the Bureau of Fisheries Parks and Wildlife, now a division of the
has authority to lease, grant, sell or otherwise dispose Bureau of Forest Development. The area was
of these lands for homesteads, sales patents, leases for never released as alienable and disposable
grazing or other purposes, fishpond leases and other portion of the public domain and, therefore, is
modes of utilization. neither susceptible to disposition under the
provisions of the Public Land Law (CA 141)
No prescriptive possession nor registrable under the Land Registration Act
We find in fact that even if the land in dispute were (Act No. 496)
agricultural in nature, the proof the private respondent 5) In May 7, 1974, employees of the Bureau of
offers of prescriptive possession thereof is remarkably Forest Development who entered the land
meager and of dubious persuasiveness. The record covered by TCT No. 3913 and/or TCT 3914
contains no convincing evidence of the existence of the and cut down bamboos thereat, totally leveling
informacion posesoria allegedly obtained by the no less than 4 groves worth not less than
original transferor of the property, let alone the fact P2,000.00
that the conditions for acquiring title thereunder have
been satisfied. Nowhere has it been shown that the Petitioners: contend that the Treaty of Paris had no
informacion posesoria has been inscribed or registered in inherent power to confiscate properties of private
the registry of property and that the land has been citizens and declare them part of any kind of
under the actual and adverse possession of the private government reservation. They allege that their
respondent for twenty years as required by the Spanish predecessors in interest have been in open, adverse and
Mortgage Law. These matters are not presumed but continuous possession of the subject lands for 20-50
must be established with definite proof, which is years prior to their registration in 1916-1917. Hence,
lacking in this case. the reservation of the lands for provincial purposes in
10

1913 by then Governor-general Forbes was respondent Court of Appeals, the principle of estoppel,
tantamount to deprivation of private property without does not operate against the Government for the act
due process of law. of its agents.
CA: The court a quo in ruling for the Republic found The adverse possession which may be the basis of a grant of title
no sufficient proof that the Palomos have established in confirmation of imperfect title cases applies only to alienable
property rights over the parcels of land in question lands of the public domain.
before the Treaty of Paris which ended the Spanish- Assuming that the decrees of the Court of First
American War at the end of the century. The court Instance were really issued, the lands are still not
further stated that assuming that the decrees of the capable of appropriation. The adverse possession
Court of First Instance of Albay were really issued, the which may be the basis of a grant of title in
Palomos obtained no right at all over the properties confirmation of imperfect title cases applies only
because these were issued only when Executive Order to alienable lands of the public domain.
No. 40 was already in force.
There is no question that the lands in the case at bar
ISSUE: Whether or not the alleged original certificate were not alienable lands of the public domain. As
of titles issued pursuant to the order of the Court of testified by the District Forester, records in the Bureau
First Instance in 1916-1917 and the subsequent TCTs of Forestry show that the subject lands were never
issued in 1953 pursuant to the petition for declared as alienable and disposable and subject to
reconstitution are valid. private alienation prior to 1913 up to the present.
Moreover, as part of the reservation for provincial park
RULINGS: purposes, they form part of the forest zone.
No proof of derived title from an old Spanish grant
The Philippines passed to the Spanish Crown by It is elementary in the law governing natural resources
discovery and conquest in the 16th century. Before the that forest land cannot be owned by private persons. It
Treaty of Paris in April 11, 1899, our lands, whether is not registrable and possession thereof, no
agricultural, mineral or forest were under the exclusive matter how lengthy, cannot convert it into private
patrimony and dominion of the Spanish Crown. property, unless such lands are reclassified and
Hence, private ownership of land could only be considered disposable and alienable.
acquired through royal concessions which were
documented in various forms, such as (1) Titulo Real Mineral lands
or Royal Grant," (2) Concesion Especial or Special All mineral resources are owned by State and
Grant, (3) Titulo de Compra or Title by Purchase and exploration, development and utilization must always
(4) Informacion Posesoria or Possessory Information be subject to the full control and supervision by the
title obtained under the Spanish Mortgage Law or state. (La Bugal B’laan Association v Ramos)
under the Royal Decree of January 26, 1889.
If a person is the owner of agricultural land in which
Unfortunately, no proof was presented that the minerals are discovered, his ownership of such land
petitioners' predecessors in interest derived title from does not give him the right to extract or utilize the said
an old Spanish grant. minerals without the permission of the State to which
such minerals belong. (Republic v. CA & dela Rosa)
Petitioners placed much reliance upon the declarations
in Expediente. The aforesaid "decisions" of the Court Republic v. CA & dela Rosa
of First Instance, however, were not signed by the FACTS:
judge but were merely certified copies of 1) These cases arose from the application for
notification to Diego Palomo bearing the registration of a parcel of land filed on
signature of the clerk of court. February 11, 1965, by Jose de la Rosa on his
own behalf and on behalf of his three children,
Moreover, despite claims by the petitioners that their Victoria, Benjamin and Eduardo. According to
predecessors in interest were in open, adverse and the application, Lots 1-5 were sold to Jose de la
continuous possession of the lands for 20 to 50 years Rosa and Lots 6-9 to his children by Mamaya
prior to their registration in 1916-1917, the lands were Balbalio and Jaime Alberto, respectively, in
surveyed only in December 1913, the very same 1964.
year they were acquired by Diego Palomo. 2) The application was separately opposed by
Benguet Consolidated, Inc. as to Lots 1-5,
The principle of estoppel does not operate against the Government Atok Big Wedge Corporation, as to Portions
As regards the petitioners' contention that inasmuch as of Lots 1-5 and all of Lots 6-9, and by the
they obtained the titles without government Republic of the Philippines, through the
opposition, the government is now estopped from Bureau of Forestry Development, as to lots 1-
questioning the validity of the certificates of title which 9. From the date of its purchase, Benguet had
were granted. As correctly pointed out by the been in actual, continuous and exclusive
11

possession of the land in concept of owner. Any provision of existing laws, executive order,
For its part, Atok alleged that a portion of Lots proclamation to the contrary notwithstanding, all
1-5 and all of Lots 6-9 were covered by the locations of mining claim made prior to February 8,
Emma and Fredia mineral claims. 1935 within lands set apart as forest reserve under
3) In support of the application, both Balbalio Sec. 1826 of the Revised Administrative Code
and Alberto testified that they had acquired the which would be valid and subsisting location
subject land by virtue of prescription. except to the existence of said reserve are hereby
4) The Bureau of Forestry Development argued declared to be valid and subsisting locations as of
that the land sought to be registered was the date of their respective locations.
covered by the Central Cordillera Forest
Reserve under Proclamation No. 217 dated The de la Rosas cannot seek registration
February 16, 1929. Moreover, by reason of its The method invoked by the de la Rosas is not available
nature, it was not subject to alienation under in the case at bar, for two reasons.
the Constitutions of 1935 and 1973.
First, the trial court found that the evidence of open,
RTC: Denied the application, holding that the continuous, adverse and exclusive possession
applicants had failed to prove their claim of possession submitted by the applicants was insufficient to support
and ownership of the land sought to be registered. their claim of ownership. They themselves had
acquired the land only in 1964 and applied for its
CA: affirmed the surface rights of the de la Rosas registration in 1965, relying on the earlier alleged
over the land while at the same time reserving the possession of their predecessors-in-interest. Second,
sub-surface rights of Benguet and Atok by virtue even if it be assumed that the predecessors-in-interest
of their mining claims. of the de la Rosas had really been in possession of the
subject property, their possession was not in the
ISSUE: Whether a land can be classified as both concept of owner of the mining claim but of the
agricultural and mineral property as agricultural land, which it was not. The
property was mineral land, and they were claiming it as
RULING: agricultural land.
There was already a vested right
It is true that the subject property was considered Classifications must be categorical
forest land and included in the Central Cordillera The Court feels that the rights over the land are
Forest Reserve, but this did not impair the rights indivisible and that the land itself cannot be half
already vested in Benguet and Atok at that time. After agricultural and half mineral. The classification must
World War II, Benguet introduced improvements on be categorical; the land must be either completely
mineral claim June Bug, and also conducted geological mineral or completely agricultural. In the instant
mappings, geological sampling and trench side cuts. In case, as already observed, the land which was originally
1948, Benguet redeclared the "June Bug" for taxation classified as forest land ceased to be so and became
and had religiously paid the taxes. The Emma and mineral — and completely mineral — once the
Fredia claims were two of the several claims of mining claims were perfected.
Harrison registered in 1931, and which Atok
representatives acquired. This is an application of the Regalian doctrine which,
as its name implies, is intended for the benefit of the
The June Bug mineral claim of Benguet and the Fredia State, not of private persons. The rule simply reserves
and Emma mineral claims of Atok having been to the State all minerals that may be found in public
perfected prior to the approval of the Constitution and even private land devoted to "agricultural,
of the Philippines of 1935, they were removed from industrial, commercial, residential or (for) any purpose
the public domain and had become private other than mining." Thus, if a person is the owner
properties of Benguet and Atok. of agricultural land in which minerals are
discovered, his ownership of such land does not
Effect of mining claims to lands of public domain give him the right to extract or utilize the said
"The legal effect of a valid location of a mining claim minerals without the permission of the State to
is not only to segregate the area from the public which such minerals belong.
domain, but to grant to the locator the beneficial
ownership of the claim and the right to a patent The correct interpretation is that once minerals are
therefor upon compliance with the terms and discovered in the land, whatever the use to which it is
conditions prescribed by law. Where there is a valid being devoted at the time, such use may be
location of a mining claim, the area becomes discontinued by the State to enable it to extract the
segregated from the public domain and the property of minerals therein in the exercise of its sovereign
the locator." prerogative. The land is thus converted to mineral
land and may not be used by any private party,
including the registered owner thereof, for any other
12

purpose that will impede the mining operations to be that the mortgage to Nenita Co and Antonio Quilatan
undertaken therein, For the loss sustained by such covered only the improvement and not the land itself.
owner, he is of course entitled to just compensation CA: Affirmed
under the Mining Laws or in appropriate expropriation
proceedings. ISSUES:
Main: Should such property revert to the State once it
Conclusion is invaded by the sea and thus becomes foreshore land?
Our holding is that Benguet and Atok have exclusive Side issue: Will the lease and/or mortgage of a
rights to the property in question by virtue of their portion of a realty acquired through free patent
respective mining claims which they validly acquired constitute sufficient ground for the nullification of
before the Constitution of 1935 prohibited the such land grant?
alienation of all lands of the public domain except
agricultural lands, subject to vested rights existing at RULINGS:
the time of its adoption. The land was not and could Indefeasibility of a free patent title
not have been transferred to the private respondents A homestead patent, one registered under the Land
by virtue of acquisitive prescription, nor could its use Registration Act, becomes as indefeasible as a Torrens
be shared simultaneously by them and the mining Title. Indefeasibility of the title, however, may not
companies for agricultural and mineral purposes. bar the State, thru the Solicitor General, from filing
an action for reversion
Republic v. CA & Morato
FACTS: Prohibitions
1) Morato filed a Free Patent Application No. The foregoing legal provisions clearly proscribe the
III-3-8186-B on a parcel of land with an area encumbrance of a parcel of land acquired under a
of 1,265 square meters situated at free patent or homestead within five years from the
Pinagtalleran, Calauag, Quezon. grant of such patent. Furthermore, such
2) On January 16, 1974, the patent was approved encumbrance results in the cancellation of the grant
and the Register of Deeds of Quezon issued on and the reversion of the land to the public domain.
February 4, 1974 Original Certificate of Title Encumbrance has been defined as "[a]nything that
No. P-17789. Both the free patent and the title impairs the use or transfer of property; anything
specifically mandate that the land shall not be which constitutes a burden on the title; a burden
alienated nor encumbered within five years or charge upon property; a claim or lien upon
from the date of the issuance of the patent. property." It may be a "legal claim on an estate for the
3) Subsequently, the District Land Officer in discharge of which the estate is liable; and
Lucena City, acting upon reports that Morato embarrassment of the estate or property so that it
had encumbered the land in violation of the cannot be disposed of without being subject to it; an
condition of the patent. estate, interest, or right in lands, diminishing their value
4) Thereafter, it was established that the subject to the general owner; a liability resting upon an estate."
land is a portion of the Calauag Bay, five (5) to
six (6) feet deep under water during high tide It is indisputable, however, that Respondent Morato
and two (2) feet deep at low tide, and not cannot fully use or enjoy the land during the duration
suitable to vegetation. of the lease contract. This restriction on the enjoyment
5) On October 24, 1974, a portion of the land was of her property sufficiently meets the definition of an
mortgaged by Morato to Nenita Co and encumbrance under Section 118 of the Public Land
Antonio Quilatan for P10,000.00. The spouses Act, because such contract "impairs the use of the
Quilatan constructed a house on the land. property" by the grantee.
Another portion of the land was leased to
Perfecto Advincula on February 2, 1976 at Equity cannot be countenances when there is a statutory law
P100.00 a month, where a warehouse was which rules the circumstances
constructed. Morato's resort to equity, i.e. that the lease was
6) On November 5, 1978, petitioner filed an executed allegedly out of the goodness of her heart
amended complaint for the cancellation of title without any intention of violating the law, cannot help
and reversion of a parcel of land to the public her. Equity, which has been aptly described as "justice
domain, subject of a free patent in favor of outside legality," is applied only in the absence of, and
Morato, on the grounds that the land is a never against, statutory law or judicial rules of
foreshore land and was mortgaged and procedure. Positive rules prevail over all abstract
leased within the five-year prohibitory arguments based on equity contra legem.
period
Foreshore lands
RTC: There was no violation of the 5-year period ban Republic v. CA - A foreshore land, on the other hand
against alienating or encumbering the land, because the has been defined as follows: . . . that part of (the land)
land was merely leased and not alienated. It also found
13

which is between high and low water and left dry Submerged areas
by the flux and reflux of the tides Submerged areas form part of the public domain, and
in that state, are inalienable and outside the commerce
The strip of land that lies between the high and of man. Until reclaimed from the sea, these submerged
low water marks and that is alternatively wet and areas are, under the Constitution, “waters . . . owned
dry according to the flow of the tide. by the State,” forming part of the public domain and
consequently inalienable. Only when actually reclaimed
Through the encroachment or erosion by the ebb and from the sea can these submerged areas be classified as
flow of the tide, a portion of the subject land was public agricultural lands, which under the Constitution
invaded by the waves and sea advances. During high are the only natural resources that the State may
tide, at least half of the land (632.5 square meters) is 6 alienate.
feet deep under water and three (3) feet deep during
low tide. The Calauag Bay shore has extended up to a Process of reclamation of submerged areas
portion of the questioned land. The application for a 1) conversion of unusable land into valuable real
free patent was made in 1972. From the undisputed estate by dredging, filling or other means of any
factual findings of the Court of Appeals, however, the foreshore lands
land has since become foreshore. Accordingly, it can 2) The President to classify them as agricultural
no longer be subject of a free patent under the lands
Public Land Act. 3) the government may then officially classify
these lands as alienable or disposable lands
Article 1, case 3, of the law of Waters of August 3, open to disposition
1866, provides as follows: 4) the government may declare these lands no
longer needed for public service
Art. 1. The following are part of the national domain
open to public use. Reclaimed lands Submerged areas
3. The Shores. By the shore is understood that space Parts of the foreshore lands
covered and uncovered by the movement of the tide. The government may Submerged areas form
Its interior or terrestrial limit is the line reached by declare these lands no part of the public
the highest equinoctal tides. Where the tides are not longer needed for public domain, and in that state,
appreciable, the shore begins on the land side at the service are inalienable and
line reached by the sea during ordinary storms or outside the commerce of
tempests. man.
Foreshore lands are non-registrable

When the sea moved towards the estate and the tide Chavez v. Public Estates Authority
FACTS:
invaded it, the invaded property became foreshore
1) On November 20, 1973, the government,
land and passed to the realm of the public domain.
through the Commissioner of Public
In fact, the Court in Government vs. Cabangis annulled the
Highways, signed a contract with the
registration of land subject of cadastral
Construction and Development Corporation
proceedings when the parcel subsequently
of the Philippines to reclaim certain foreshore
became foreshore land. In another case, the Court
and offshore areas of Manila Bay. The contract
voided the registration decree of a trial court and
also included the construction of Phases I and
held that said court had no jurisdiction to award
II of the Manila-Cavite Coastal Road. CDCP
foreshore land to any private person or entity. The
obligated itself to carry out all the works in
subject land in this case, being foreshore land, should
consideration of fifty percent of the total
therefore be returned to the public domain.
reclaimed land.
2) Presidential Decree No. 1084 - February 4,
Foreshore or reclaimed lands
1977, President Ferdinand E. Marcos, creating
The strip of land that lies between the high and low
PEA. PD No. 1084 tasked PEA "to reclaim
water marks and that is alternately wet and dry
land, including foreshore and submerged
according to the flow of the tide. (Republic v. CA)
areas," and "to develop, improve, acquire, x x x
lease and sell any and all kinds of lands."
Reclamation
3) Presidential Decree No. 1085 - February 4,
The conversion of unusable land into valuable real
1977, President Ferdinand E. Marcos,
estate by dredging, filling or other means of any
transferring to PEA the "lands reclaimed in
foreshore lands
the foreshore and offshore of the Manila Bay"
under the Manila-Cavite Coastal Road and
CA No. 141 does not authorize the President to
Reclamation Project (MCCRRP).
reclassify government reclaimed and marshy lands into
4) Special Patent No. 3517 - January 19, 1988,
other non-agricultural lands under Section 59(d)
President Corazon C. Aquino granting and
14

transferring to PEA "the parcels of land so (d) Lands not included in any of the foregoing
reclaimed under the Manila-Cavite Coastal classes.
Road and Reclamation Project (MCCRRP)xx”
5) Subsequently, on April 9, 1988, the Register of Section 58 of Act No. 2874 categorically
Deeds of the Municipality of Parañaque issued mandated that disposable lands of the public
Transfer Certificates of Title Nos. 7309, 7311, domain classified as government reclaimed,
and 7312, in the name of PEA, covering the foreshore and marshy lands "shall be disposed
three reclaimed islands known as the "Freedom of to private parties by lease only and not
Islands" located at the southern portion of the otherwise." The Governor-General, before
Manila-Cavite Coastal Road, Parañaque City. allowing the lease of these lands to private
6) On April 25, 1995, PEA entered into a Joint parties, must formally declare that the lands
Venture Agreement with AMARI, a private were "not necessary for the public service."
corporation, to develop the Freedom Islands.
Government reclaimed, foreshore and marshy
ISSUE: whether stipulations in the Amended JVA for lands remained sui generis, as the only
the transfer to AMARI of lands, reclaimed or to be alienable or disposable lands of the public
reclaimed, violate the Constitution domain that the government could not sell
to private parties.
RULINGS:
Property of public dominion 3) The 1935 Constitution - barred the alienation
Property devoted to public use referred to property of all natural resources except public
open for use by the public. In contrast, property agricultural lands, which were the only natural
devoted to public service referred to property used for resources the State could alienate. Thus,
some specific public service and open only to those foreshore lands, considered part of the State's
authorized to use the property. natural resources, became inalienable by
constitutional fiat, available only for lease for
Property of public dominion referred not only to 25 years, renewable for another 25 years.
property devoted to public use, but also to property
not so used but employed to develop the national Still, after the effectivity of the 1935
wealth. This class of property constituted property of Constitution, the legislature did not repeal
public dominion although employed for some Section 58 of Act No. 2874 to open for sale to
economic or commercial activity to increase the private parties government reclaimed and
national wealth. marshy lands of the public domain. On the
contrary, the legislature continued the long
Laws created to regulate foreshore lands established State policy of retaining for the
1) Act No. 1654 of the Philippine Commission government title and ownership of
- regulated the lease of reclaimed and foreshore government reclaimed and marshy lands of
lands. The Act also vested in the government the public domain.
control and disposition of foreshore lands.
Private parties could lease lands reclaimed 4) Commonwealth Act No. 141 of the
by the government only if these lands were Philippine National Assembly - remains to
no longer needed for public purpose. Act this day the existing general law governing the
No. 1654 mandated public bidding in the lease classification and disposition of lands of the
of government reclaimed lands. Act No. 1654 public domain other than timber and mineral
made government reclaimed lands sui generis lands. empowers the President to classify lands
in that unlike other public lands which the of the public domain into "alienable or
government could sell to private parties, these disposable.
reclaimed lands were available only for lease to
private parties executive order prescribe." Section 61 of CA No. 141 readopted, after the
effectivity of the 1935 Constitution, Section 58
2) Act No. 2874 of the Philippine Legislature of Act No. 2874 prohibiting the sale of
– government reclaimed, foreshore and marshy
Sec. 56. The lands disposable under this title disposable lands of the public domain. As
shall be classified as follows: before, Section 61 allowed only the lease of
such lands to private parties. The
(a) Lands reclaimed by the Government by government could sell to private parties only
dredging, filling, or other means; lands falling under Section 59 (d) of CA No.
(b) Foreshore; 141, or those lands for non-agricultural
(c) Marshy lands or lands covered with water purposes not classified as government
bordering upon the shores or banks of reclaimed, foreshore and marshy
navigable lakes or rivers; disposable lands of the public domain.
15

Foreshore lands, however, became public domain and are inalienable unless
inalienable under the 1935 Constitution reclaimed, classified as alienable lands open to
which only allowed the lease of these lands to disposition, and further declared no longer
qualified private parties. needed for public service.
Foreshore lands became inalienable as natural The ban in the 1973 Constitution on private
resources of the State, unless reclaimed by the corporations from acquiring alienable lands of
government and classified as agricultural lands the public domain did not apply to PEA since
of the public domain, in which case they would it was then, and until today, a fully owned
fall under the classification of government government corporation.
reclaimed lands.
5) The Civil Code of 1950 - readopted 8) The 1987 Constitution - like the 1935 and
substantially the definition of property of 1973 Constitutions before it, has adopted the
public dominion found in the Civil Code of Regalian doctrine.
1889. 9) EO 525 Sec 3 - PEA “shall be primarily
6) The 1973 Constitution - which took effect on responsible for integrating, directing, and
January 17, 1973, likewise adopted the Regalian coordinating all reclamation projects and on
doctrine. behalf of the National Government.”
The 1973 Constitution, however, limited the by declaring that all lands reclaimed by PEA
alienation of lands of the public domain to “shall belong to or be owned by the PEA,”
individuals who were citizens of the could not automatically operate to classify
Philippines. Private corporations, even if inalienable lands into alienable or disposable
wholly owned by Philippine citizens, were lands of the public domain. Otherwise,
no longer allowed to acquire alienable reclaimed foreshore and submerged lands of
lands of the public domain unlike in the the public domains would automatically
1935 Constitution. become alienable once reclaimed by PEA,
whether or not classified as alienable or
Thus, under the 1973 Constitution, private disposable
corporations could hold alienable lands of the
public domain only through lease. SUMMARY:
1. The 157.84 hectares of reclaimed lands comprising
GR: All alienable and disposable lands can the Freedom Islands, now covered by certificates of
be sold to private individuals title in the name of PEA, are alienable lands of the
XPN: Lands reclaimed are sui generis, it is public domain. PEA may lease these lands to private
the only alienable lands which cannot be sold corporations but may not sell or transfer ownership of
to private persons these lands to private corporations. PEA may only
XPN of XPN: Congress passes a law selling sell these lands to Philippine citizens, subject to
such reclaimed lands the ownership limitations in the 1987 Constitution
and existing laws.
7) PD No. 1084 Creating the Public Estates
Authority - On February 4, 1977, then
Sec 3, Art XII 1987 Constitution
President Ferdinand Marcos issued
SECTION 3. Lands of the public domain are
Presidential Decree No. 1084 creating PEA, a classified into agricultural, forest or timber, mineral
wholly government owned and controlled lands, and national parks. Agricultural lands of the
corporation with a special charter. public domain may be further classified by law
according to the uses which they may be devoted.
Sec. 4. Purpose. The Authority is hereby Alienable lands of the public domain shall be
created for the following purposes: limited to agricultural lands. Private corporations
(a) To reclaim land, including foreshore and or associations may not hold such alienable lands of
submerged areas, by dredging, filling or the public domain except by lease, for a period not
other means, or to acquire reclaimed land; exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one
PD No. 1084 authorizes PEA to reclaim thousand hectares in area. Citizens of the
both foreshore and submerged areas of the Philippines may lease not more than five hundred
hectares, or acquire not more than twelve
public domain. Foreshore areas are those
hectares thereof by purchase, homestead, or
covered and uncovered by the ebb and flow of grant.
the tide. Submerged areas are those
permanently under water regardless of the
ebb and flow of the tide. Foreshore and 2. The 592.15 hectares of submerged areas of Manila
submerged areas indisputably belong to the Bay remain inalienable natural resources of the public
16

domain until classified as alienable or disposable that the said Agreement was executed without
lands open to disposition and declared no longer any public bidding.
needed for public service. The government can make
such classification and declaration only after PEA has Republic of the Philippines: that there are no
reclaimed these submerged areas. Only then can these foreshore lands along the seaside of Pasay City;
lands qualify as agricultural lands of the public domain, that what Pasay City has are submerged or offshore
which are the only natural resources the government areas outside the commerce of man which could
can alienate. In their present state, the 592.15 not be a proper subject matter of the Agreement
hectares of submerged areas are inalienable and between Pasay City and RREC in question as the
outside the commerce of man. area affected is within the National Park, known as
Manila Bay Beach Resort, established under
3. Since the Amended JVA seeks to transfer to Proclamation No. 41, dated July 5, 1954, pursuant to
AMARI, a private corporation, ownership of 77.34 Act No. 3915, of which area it (Republic) has been in
hectares of the Freedom Islands, such transfer is void open, continuous and peaceful possession since time
for being contrary to Section 3, Article XII of the immemorial. Petitioner faults the respondent court for
1987 Constitution which prohibits private corporations unduly expanding what may be considered "foreshore
from acquiring any kind of alienable land of the public land"
domain.
4. Since the Amended JVA also seeks to transfer to RULING:

AMARI ownership of 290.156 hectares of still The meaning of foreshore lands cannot be unduly stretched or
submerged areas of Manila Bay, such transfer is void broadened without express provision
for being contrary to Section 2, Article XII of the 1987 To begin with, erroneous and unsustainable is the
Constitution which prohibits the alienation of natural opinion of respondent court that under RA 1899, the
resources other than agricultural lands of the public term "foreshore lands" includes submerged areas. As
domain. PEA may reclaim these submerged areas. can be gleaned from its disquisition and rationalization
Thereafter, the government can classify the reclaimed aforequoted, the respondent court unduly stretched
lands as alienable or disposable, and further declare and broadened the meaning of "foreshore lands",
them no longer needed for public service. Still, the beyond the intentment of the law, and against the
transfer of such reclaimed alienable lands of the recognized legal connotation of "foreshore lands".
public domain to AMARI will be void in view of Well entrenched, to the point of being elementary, is
Section 3, Article XII of the 1987 Constitution the rule that when the law speaks in clear and
which prohibits private corporations from categorical language, there is no reason for
acquiring any kind of alienable land of the public interpretation or construction, but only for application.
domain. So also, resort to extrinsic aids, like the records of the
Republic v. CA constitutional convention, is unwarranted, the
FACTS: language of the law being plain and unambiguous.
1) Republic Act No. 1899 ("RA 1899"), which Then, too, opinions of the Secretary of Justice are
was approved on June 22, 1957, authorized the unavailing to supplant or rectify any mistake or
reclamation of foreshore lands by chartered omission in the law. To repeat, the term "foreshore
cities and municipalities. lands" refers to:
2) The Pasay City Council passed Ordinance No. The strip of land that lies between the high and
121, for the reclamation of Three Hundred low water marks and that is alternately wet and dry
(300) hectares of foreshore lands in Pasay City, according to the flow of the tide. (Words and
empowering the City Mayor to award and enter Phrases, "Foreshore")
into reclamation contracts, and prescribing
terms and conditions therefor. The duty of the court is to interpret the enabling Act,
3) Ordinance No. 158, which authorized the RA 1899. In so doing, we cannot broaden its meaning,
Republic Real Estate Corporation ("RREC") to much less widen the coverage thereof. If the intention
reclaim foreshore lands of Pasay City under of Congress were to include submerged areas, it should
certain terms and conditions. have provided expressly. That Congress did not so
4) Pasay City and RREC entered into an provide could only signify the exclusion of submerged
Agreement for the reclamation of the areas from the term "foreshore lands".
foreshore lands in Pasay City.
5) Republic of the Philippines filed an Amended Republic v. Enciso
Complaint questioning subject Agreement FACTS:
between Pasay City and RREC on the grounds 1) That on April 24, 2000, Enciso, alleging to be
that the subject-matter of such Agreement is the owner in fee simple of a parcel of
outside the commerce of man, that its terms residential land located in Barangay South
and conditions are violative of RA 1899, and Poblacion, Masinloc, Zambales, filed a petition
17

for land registration before the RTC of Iba, surveyed way back in 1927-1928." This is not the
Zambales. kind of possession and occupation contemplated
2) He averred, inter alia, that he acquired title to under the law. While the subject property was still in
the said lot by virtue of an extrajudicial the hands of the municipality, it was undeniably part of
settlement of estate and quitclaim on March 15, the public domain. The municipality cannot then be
1999; the said property is not tenanted or considered a predecessor-in-interest of the
occupied by any person other than he and his applicant from whom the period of possession and
family who are in actual physical possession of occupation required by law may be reckoned with.
the same; and the respondent and his Any other interpretation would be dangerously
predecessors-in-interest have been in detrimental to our national patrimony.
continuous, peaceful, open, notorious,
uninterrupted and adverse possession of the The respondent’s possession and that of his
land in the concept of an owner for not less "predecessors-in-interest" will not suffice for purposes
than 30 years immediately preceding the filing of judicial confirmation of title. What is categorically
of the application. required by law is open, continuous, exclusive, and
notorious possession and occupation under a bona
Republic of the Philippines: opposed the application fide claim of ownership since June 12, 1945 or
on the following grounds: (a) neither the respondent earlier.
nor his predecessors-in-interest have been in open,
continuous, exclusive, and notorious possession and The evidence on record shows that a house was
occupation of the subject land since June 12, 1945 or constructed on the subject property only in 1991.
prior thereto; (b) the respondent failed to adduce any Certain discrepancies likewise surround the application
muniment of title and/or the tax declaration with the for registration: Honorato Edaño sold a parcel of land
application to prove bona fide acquisition of the land consisting of 2,790 square meters on December 9,
applied for or its open, continuous, exclusive and 1980 to Vicente Enciso alone; on January 17, 1981,
notorious possession and occupation thereof in the Vicente Enciso, Natividad Edaño Asuncion and
concept of owner since June 12, 1945 or prior thereto; Thelma Edaño executed a deed of partition covering
(c) the alleged tax declaration adverted to in the the same lot. Why was there a need to partition the
application does not appear to be genuine and the tax property if the entire land had already been sold to
declarations indicate such possession to be of recent Vicente? The Court also notes that in the said deed of
vintage; (d) the claim of ownership in fee simple on the partition, one-half of the total area of the land, which
basis of Spanish title or grant can no longer be availed was 1,398 square meters, was adjudicated in favor of
of by the respondent considering that he failed to file Vicente; however, in the respondent’s application for
an appropriate application for registration within the registration, the land sought to be registered consists
period of six months from February 16, 1976 as of 1,475 square meters.
required by P.D. No. 892; and (e) the subject land is a
portion of the public domain belonging to the Republic Possession Occupation
of the Philippines which is not subject to private Holding of a thing or Actual physical
appropriation. enjoyment of a right (Art possession
523, NCC)
ISSUE: Whether the property claimed is registrable May be in one’s own Must not be a mere
name or in another, or in fiction
RULING: the concept of an owner
Incontrovertible evidence (clear and convincing) must be presented or holder (Art 524, 525
NCC)
to establish that the land subject of the application is alienable or
Broader; includes Limits the concept of
disposable constructive possession occupation
Indeed, there is nothing to support the respondent’s
claim that the property "was reclassified as residential
… already segregated from the public domain and Burden of proof
assumed the character of private ownership." At the Well-entrenched is the rule that the burden of proof in
moment, it is not clear as to when the proper land registration cases rests on the applicant who must
authorities classified the subject as alienable and show clear, positive and convincing evidence that his
disposable. It must be stressed that incontrovertible alleged possession and occupation were of the nature
evidence must be presented to establish that the land and duration required by law. Bare allegations, without
subject of the application is alienable or disposable. more, do not amount to preponderant evidence that
would shift the burden to the oppositor.
Possession of a municipality is not the kind of possession and
occupation contemplated under the law
Natural resources in ancestral domains
According to the CA, "the Municipality of Masinloc
Pursuant to RA 8371 or the Indigenous Peoples Rights
must have been in possession of the subject land
Act, the Indigenous Cultural Communities (ICCs) or
even before 1969 considering that it was originally
Indigenous Peoples (IPs) have priority rights in
18

harvesting, extraction, development or exploitation of 2) simplify its transfer.

any natural resources within the ancestral domain. - It is not a system established for the
However, a non-member may be allowed to take part acquisition of land
in the EDU of the natural resources for a period of not
exceed 25 years renewable for not more than 25 years  Robert Richard Torrens, South Australia
provided there is a formal and written agreement (1857)
entered into with ICCs/IPs concerned.  In the Torrens system, title by registration takes
the place of “title by deeds” of the system
Military or naval reservation under the “general” law.
A military reservation cannot be subject to occupation,  The object of the Torrens system then is to do
entry or settlement. It is inalienable. Thus, titles issued away with the delay, uncertainty, and expense
to individuals or corporations that covers property of the old conveyancing system
classified as military or naval reservation are to be  Almost a verbatim copy of the Massachusetts
ordered cancelled as being void ab initio for covering Land Registration Act of 1898
non-registrable properties.  Requires that the government issue an official
certificate of title attesting to the fact that
ORIGINAL REGISTRATION the person named is the owner of the
property described therein, subject to such
Section 14. Who may apply. The following persons liens and encumbrances as thereon noted or
may file in the proper Court of First Instance an the law warrants or reserves.
application for registration of title to land, whether
personally or through their duly authorized Purpose
representatives: Prime purpose: Decree land titles that shall be final,
irrevocable and undisputable
1) Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious 1) to quiet title to land; - The registration either
possession and occupation of alienable and relieves the land of all known as well as
disposable lands of the public domain under unknown claims absolutely, or it compels the
a bona fide claim of ownership since June claimants to come into court and to make there
12, 1945, or earlier. a record, so that thereafter there may be no
2) Those who have acquired ownership of uncertainty concerning either the character or
private lands by prescription under the the extent of such claims.
provision of existing laws. 2) to put a stop forever to any question of the
3) Those who have acquired ownership of legality of the title, except claims which were
private lands or abandoned river beds by noted at the time of registration, in the
right of accession or accretion under the
certificate, or which may arise subsequent
existing laws.
thereto.
4) Those who have acquired ownership of land
in any other manner provided for by law. 3) to decree land titles that shall be final,
irrevocable, and indisputable, and to relieve the
Where the land is owned in common, all the co- land of the burden of known as well as
owners shall file the application jointly. unknown claims.
Where the land has been sold under pacto de retro, Nature of registration
the vendor a retro may file an application for the 1) does not vest title; it is merely an evidence of
original registration of the land, provided, however, title over a particular property
that should the period for redemption expire during 2) not a mode of acquiring ownership but is
the pendency of the registration proceedings and merely a procedure to establish evidence of title
ownership to the property consolidated in the over realty
vendee a retro, the latter shall be substituted for the
applicant and may continue the proceedings.
The registration of lands of the public domain under
A trustee on behalf of his principal may apply for the Torrens system, by itself, does not convert public
original registration of any land held in trust by him, lands into private lands.
unless prohibited by the instrument creating the
trust. Nature of the certificate of title issued
1) indefeasible and
Background of Torrens System Registration 2) imprescriptible and
Torrens system - those systems of registration of all claims to the parcel of land are quieted upon
transactions with interest in land whose declared object issuance of said certificate
is, under governmental authority, to
1) establish and certify to the ownership of an Limitations
absolute and indefeasible title to realty, and The Torrens System does not
19

1) furnish a shield for fraud 4) Tradition, as a consequence of certain

2) nor permit one to enrich himself at the expense contracts (T)
of others 5) Succession (S)
Laws governing land registration MODES OF ACQUIRING LAND TITLES

The State possesses not only the right to determine
how title to real estate may be acquired and proved, but 1) Title by public grant – conveyance of public
it is also within its legislative capacity to establish the land by government to a private individual
method of procedure 2) Title by acquisitive prescription – open,
continuous, exclusive, notorious possession of
1) CA No. 141, or the Public Land Act, a property
approved on November 7, 1936, but which 3) Title by accretion – alluvion
became effective on December 1, 1936 - it 4) Title by reclamation – filling of submerged
governs the judicial confirmation of imperfect land by deliberate act and reclaiming title
or incomplete titles on the basis of possession thereto; government
and occupation of alienable portions of the 5) Title by voluntary transfer – private grant;
public domain in the manner and for the length voluntary execution of deed of conveyance
of time required by law. 6) Title by involuntary alienation – no consent
from owner of land; forcible acquisition by
2) PD No. 1529, or the Property Registration state
Decree, issued on June 11, 1978. - a 7) Title by descent or devise – hereditary
codification of all laws relative to registration succession to the estate of deceased owner
of property, and “supersedes all other laws 8) Title by emancipation patent or grant – for
relative to registration of property.” purpose of ameliorating sad plight of tenant-
3) Act No. 2259, or the Cadastral Act, enacted farmers; not transferable except by hereditary
on February 11, 1913 - is an offspring of the succession
system of registration under the Land
Registration Act. It aims to serve public MODES OF DISPOSITION OF
interests by requiring that “the title to any lands AGRICULTURAL LANDS
be titled and adjudicated.” CA 141
4) RA No. 8371, or the Indigenous Peoples SECTION 11. Public lands suitable for agricultural
Rights Act, approved on October 29, 1997 - purposes can be disposed of only as follows, and not
recognizes the rights of ownership and otherwise:
possession of indigenous cultural communities 1) For homestead settlement
or indigenous peoples (ICCs/IPs) to their 2) By sale
ancestral domains and ancestral lands on the 3) By lease
basis of native title, and defines the extent of 4) By confirmation of imperfect or incomplete
titles: (a) By judicial legalization (b) By
these lands and domains.
administrative legalization (free patent).
MODES OF ACQUISITION
By confirmation of imperfect or incomplete titles:
(a) By judicial legalization
Civil Code (b) By administrative legalization (free patent)
Article 712. Ownership is acquired by occupation  The operationalizing law of Sec 11(4) of CA
and by intellectual creation. 141 is Section 14 of PD 1529
Ownership and other real rights over property are
acquired and transmitted by law, by donation, by SECTION 48. The following-described citizens of
testate and intestate succession, and in consequence the Philippines, occupying lands of the public
of certain contracts, by tradition. domain or claiming to own any such lands or an
interest therein, but whose titles have not been
They may also be acquired by means of prescription. perfected or completed, may apply to the Court of
(609a) First Instance of the province where the land is
located for confirmation of their claims and the
issuance of a certificate of title therefor, under the
(OLDTIPS)
Land Registration Act , to wit:
Original modes
1) Occupation (O) xxx
2) Intellectual creation (I) (b) Those who by themselves or through their
predecessors in interest have been in open,
Derivative modes continuous, exclusive, and notorious possession
1) Law (L) and occupation of agricultural lands of the public
2) Donation (D) domain, under a bona fide claim of acquisition or
3) Prescription (P) ownership, for at least thirty years immediately
20

preceding the filing of the application for  Extraordinary

confirmation of title except when prevented by Prescription –
war or force majeure. These shall be conclusively 30 years
presumed to have performed all the conditions
essential to a Government grant and shall be entitled Those who by Those who have
to a certificate of title under the provisions of this themselves or through acquired ownership of
chapter. their predecessors in private lands by
interest have been in 1) prescription under the
PD 1529 open, continuous, provision of existing
Original registration exclusive, and laws may apply. (PD
Section 14. Who may apply. - The following persons notorious possession 1529, Sec 14 (2))
may file in the proper Court of First Instance an and occupation of 2)
application for registration of title to land, whether alienable and
personally or through their duly authorized disposable lands of
representatives: the public domain, 3)
1) Those who by themselves or through their under a bona fide
predecessors-in-interest have been in open, claim of acquisition of
continuous, exclusive and notorious ownership, since June
possession and occupation of alienable and 12, 1945 may apply.
disposable lands of the public domain under (PD 1529, Sec 14 (1))
a bona fide claim of ownership since June Does not require that Require that the lands
12, 1945, or earlier. the lands should have should have been
2) Those who have acquired ownership of been alienable and alienable and
private lands by prescription under the disposable during the disposable during the
provision of existing laws. entire period of entire period of
3) Those who have acquired ownership of possession. possession and
private lands or abandoned river beds by expressly declared by
right of accession or accretion under the the State as patrimonial.
existing laws.
4) Those who have acquired ownership of land Comparison between PD 1529 and CA 141 (Heirs
in any other manner provided for by law. of Malabanan v. Republic)
PD 1529, Sec 14(1) CA 141, Sec 48(b)
Where the land is owned in common, all the co- used the words "lands of the public domain" or
owners shall file the application jointly. "alienable and disposable lands of the public
domain" to clearly signify that lands otherwise
Where the land has been sold under pacto de retro, classified, i.e., mineral, forest or timber, or national
the vendor a retro may file an application for the parks, and lands of patrimonial or private ownership,
original registration of the land, provided, however, are outside the coverage of the Public Land Act
that should the period for redemption expire during The laws vary only with respect to their operation.
the pendency of the registration proceedings and PD 1529 operationalizes CA 141
ownership to the property consolidated in the there already exists a title works under the
vendee a retro, the latter shall be substituted for the which the court need presumption that the
applicant and may continue the proceedings. only confirm land applied for still
pertains to the State, and
A trustee on behalf of his principal may apply for the occupants and
original registration of any land held in trust by him, possessors merely claim
unless prohibited by the instrument creating the an interest in the land by
trust. virtue of their imperfect
title or continuous, open,
Comparison of Sec 14 (1) and Sec 14 (2) (Canlas v. and notorious
Republic) possession thereof.
Sec 14 (1) Sec 14 (2)
Refers to registration of Entitles the applicant to
title on the basis of the registration of his Those who by themselves or through their
possession. property on the basis of predecessors-in-interest have been in open,
prescription. continuous, exclusive and notorious possession
Registration is extended Registration is made and occupation of alienable and disposable
under the aegis of the available both by P.D. lands of the public domain under a bona fide
P.D. No. 1529 and the No. 1529 and the Civil claim of ownership since June 12, 1945, or
Public Land Act (PLA). Code. earlier.
The 30-year period is in  Ordinary
relation to possession Prescription– Requisites for the filing of an application for
without regard to the 10 years registration of title under Section 14(1)
Civil Code. 1) That the property in question is A&D land of
public domain at the time of application
21

The choice of June 12, 1945 as the reckoning

There must be a positive act from the government point of the requisite possession and
classifying such land as A&D occupation was the sole prerogative of
 Presidential proclamation Congress, the determination of which
 Administrative actions should best be left to the wisdom of the
 Executive orders lawmakers. Except that said date qualified
 Investigative reports by the Bureau of Lands the period of possession and occupation, no
 Statute or laws other legislative intent appears to be
associated with the fixing of the date of June
It is not enough for PENRO or CENRO to certify 12, 1945. Accordingly, the Court should
that a land is alienable and disposable. interpret only the plain and literal meaning
of the law as written by the legislators.
The applicant for land registration: (Heirs of Malabanan v. Republic)
1) must prove that the DENR Secretary had
approved the land classification and June 12, 1945
released the land of the public domain as Is the reckoning date of the applicant’s possession and
alienable and disposable, and occupation, and not the reckoning date of when the
2) that the land subject of the application for property was classified as alienable and disposable
registration falls within the approved area
per verification through survey by the The Court is mindful of the absurdity that would
PENRO or CENRO. result if it adopted the Republic's position. Absent a
3) In addition, the applicant for land legislative amendment, the rule would be, adopting
registration must present a copy of the the Republic's view, that all lands of the public
original classification approved by the domain which were not declared alienable or
DENR Secretary and certified as a true disposable before June 12, 1945 would not be
copy by the legal custodian of the official susceptible to original registration, no matter the
records length of unchallenged possession by the occupant.
Such interpretation renders paragraph (1) of Section
There are two documents which must be presented 14 virtually inoperative and even precludes the
to prove that the land subject of the application for government from giving it effect even as it decides
registration is alienable and disposable: to reclassify public agricultural lands as alienable and
1) A copy of the original classification disposable. The unreasonableness of the situation
approved by the DENR Secretary certified would even be aggravated considering that before
as a true copy by the legal custodian June 12, 1945, the Philippines was not yet even
2) A certificate of land classification status considered an independent state.
issued by the CENRO or the PENRO based
on the land classification approved by the The more reasonable interpretation of Section 14(1)
DENR Secretary is that it merely requires the property sought to be
(Republic v. TAN Enterprises) registered as already alienable and disposable at
the time the application for registration of title
Sufficient evidence is filed. (Republic v. CA and Naguit)
Best evidence to identify a piece of land for
registration purposes is the original tracing cloth.
Heirs of Mario Malabanan v. Republic
However, a certified blueprint or white print
FACTS:
copy of the plan suffices identification.
1) Mario Malabanan, who had purchased a
The blueprint copy of the advanced survey plan may property from Eduardo Velazco, filed an
be admitted as evidence of the identity and location application for land registration covering the
of the subject property if: property in the Regional Trial Court (RTC) in
1) it was duly executed by a licensed geodetic Tagaytay City, Cavite, claiming that the
engineer; property formed part of the alienable and
2) it proceeded officially from the Land disposable land of the public domain, and
Management Services (LMS) of the DENR; that he and his predecessors-in-interest had
and been in open, continuous, uninterrupted,
3) it is accompanied by a technical description public and adverse possession and
of the property which is certified as correct occupation of the land for more than 30
by the geodetic surveyor who conducted the years, thereby entitling him to the judicial
survey and the LMS of the DENR.
confirmation of his title.
(Republic v. Espinoza)
2) To prove that the property was an alienable
2) That the applicants, by themselves or through and disposable land of the public domain,
their predecessors-in-interest, have been in an Malabanan presented during trial a
open, continuous, exclusive, and notorious certification dated June 11, 2001 issued by the
possession and occupation; and, Community Environment and Natural
3) That such possession is under a bona fide claim Resources Office (CENRO) of the
of ownership since June 12, 1945 or earlier
22

Department of Environment and Natural acquired by operation of law not only a right to a grant,
Resources (DENR) but a grant by the Government, because it is not
necessary that a certificate of title be issued in order
OSG: that such a grant be sanctioned by the courts.
1) Malabanan had failed to prove that the
property belonged to the alienable and Agricultural lands of the public domain are rendered alienable
disposable land of the public domain and disposable through any of the exclusive modes enumerated
2) RTC erred in finding that he had been in under Section 11 of the Public Land Act
possession of the property in the manner SECTION 11. Public lands suitable for agricultural
and for the length of time required by law purposes can be disposed of only as follows, and not
for confirmation of imperfect title. otherwise:
(1) For homestead settlement
CA: declared that under Section 14(1) of the Property (2) By sale
Registration Decree, any period of possession prior (3) By lease
to the classification of the land as alienable and (4) By confirmation of imperfect or incomplete
titles: (a) By judicial legalization (b) By
disposable was inconsequential and should be
administrative legalization (free patent).
excluded from the computation of the period of
possession SUMMARY:
GR: Regalian doctrine - all lands of the public domain
ISSUE: What is the correct interpretation of Sec belong to the State and are inalienable. Lands that are
14(1), PD 1529? not clearly under private ownership are also presumed
RULING: to belong to the State and, therefore, may not be
alienated or disposed
Alienable public land held by a possessor, either
personally or through his predecessors-in-interest, XPN:
openly, continuously and exclusively during the 1) Agricultural lands of the public domain are
prescribed statutory period is converted to private rendered alienable and disposable through any
property by the mere lapse or completion of the of the exclusive modes enumerated under
period. In fact, by virtue of this doctrine, Section 11 of the Public Land Act. If the mode
corporations may now acquire lands of the public is judicial confirmation of imperfect title
domain for as long as the lands were already under Section 48(b) of the Public Land Act,
converted to private ownership, by operation of law, the agricultural land subject of the
as a result of satisfying the requisite period of application needs only to be classified as
possession prescribed by the Public Land Act. It is for alienable and disposable as of the time of
this reason that the property subject of the application the application, provided the applicant’s
of Malabanan need not be classified as alienable and possession and occupation of the land
disposable agricultural land of the public domain for dated back to June 12, 1945, or earlier.
the entire duration of the requisite period of Thereby, a conclusive presumption that the
possession. applicant has performed all the conditions
essential to a government grant arises, and the
To be clear, then, the requirement that the land should applicant becomes the owner of the land by
have been classified as alienable and disposable virtue of an imperfect or incomplete title. By
agricultural land at the time of the application for legal fiction, the land has already ceased to
registration is necessary only to dispute the be part of the public domain and has
presumption that the land is inalienable. become private property. [Susi Doctrine]
2) Lands of the public domain subsequently
However, in order for land to be registrable under Sec 14(2), it classified or declared as no longer intended
must be alienable and disposable plus patrimonial for the whole for public use or for the development of
duration national wealth are removed from the
The declaration that land is alienable and disposable sphere of public dominion and are
also serves to determine the point at which prescription considered converted into patrimonial
may run against the State. The imperfect or incomplete lands or lands of private ownership that
title being confirmed under Section 48(b) of the Public may be alienated or disposed through any
Land Act is title that is acquired by reason of the of the modes of acquiring ownership under
applicant’s possession and occupation of the alienable the Civil Code. If the mode of acquisition is
and disposable agricultural land of the public domain. prescription, whether ordinary or
Where all the necessary requirements for a grant by the extraordinary, proof that the land has been
Government are complied with through actual already converted to private ownership
physical, open, continuous, exclusive and public prior to the requisite acquisitive
possession of an alienable and disposable land of the prescriptive period is a condition sine qua
public domain, the possessor is deemed to have non in observance of the law (Article 1113,
23

Civil Code) that property of the State not (b) Lands of the public domain subsequently classified
patrimonial in character shall not be the or declared as no longer intended for public use or
object of prescription. for the development of national wealth are
removed from the sphere of public dominion and
The petitioners failed to present sufficient evidence to are considered converted into patrimonial lands or
establish that they and their predecessors-in-interest lands of private ownership that may be alienated or
disposed through any of the modes of acquiring
had been in possession of the land since June 12, 1945.
ownership under the Civil Code.
Without satisfying the requisite character and period of
If the mode of acquisition is prescription, whether
possession - possession and occupation that is open, ordinary or extraordinary, proof that the land has
continuous, exclusive, and notorious since June 12, been already converted to private ownership prior
1945, or earlier - the land cannot be considered ipso to the requisite acquisitive prescriptive period is a
jure converted to private property even upon the condition sine qua non in observance of the law
subsequent declaration of it as alienable and (Article 1113, Civil Code) that property of the State
disposable. Prescription never began to run against the not patrimonial in character shall not be the object
State, such that the land has remained ineligible for of prescription.
registration under Section 14(1) of the Property
Registration Decree. Likewise, the land continues to be GR: Prescription does not run against the State
ineligible for land registration under Section 14(2) of XPN: the law itself expressly provides (Example:
the Property Registration Decree unless Congress Section 14(2) which specifically allows qualified
enacts a law or the President issues a proclamation individuals to apply for the registration of property,
ownership of which he has acquired by prescription
declaring the land as no longer intended for public
under existing laws)
service or for the development of the national wealth.
Possession v. occupation
Those who have acquired ownership of private Possession Occupation
lands by prescription under the provision of Holding of a thing or Actual physical
existing laws. enjoyment of a right (Art possession
523, NCC)
Likewise, the land continues to be ineligible for land May be in one’s own Must not be a mere
registration under Section 14(2) of the Property name or in another, or in fiction
Registration Decree unless Congress enacts a law or the concept of an owner
the President issues a proclamation declaring the or holder (Art 524, 525
land as no longer intended for public service or for NCC)
the development of the national wealth. (Heirs of Broader; includes Limits the concept of
Malabanan v. Republic) constructive possession occupation
GR: Pursuant to the Regalian Doctrine, all lands of the Land acquisition by private corporations
public domain belong to the State and are inalienable.
Lands that are not clearly under private ownership are  Expressly allowed private
also presumed to belong to the State and, therefore, 1935 juridical entities to acquire
may not be alienated or disposed; Constitution alienable lands
XPNs:  Not exceeding 1,024 hectares
(a) Agricultural lands of the public domain are  No private corp/assoc may
rendered alienable and disposable through any of hold alienable lands of the
the exclusive modes enumerated under Section 11 1973
public domain
of the Public Land Act. Constitution
 Except by lease
 Not exceeding 1,000 hectares
If the mode is judicial confirmation of
imperfect title under Section 48(b) of the Public  Private corp/assoc may not
Land Act, the agricultural land subject of the hold alienable lands of public
application needs only to be classified as alienable domain
and disposable as of the time of the application, 1987
 Except by lease
provided the applicant’s possession and Constitution
 Period: 25 years, renewable for
occupation of the land dated back to June 12, not more than 25 years
1945, or earlier.  Not exceeding 1,000 hectares
Thereby, a conclusive presumption that the
applicant has performed all the conditions Acquire Lease
essential to a government grant arises, and the Filipino citizens YES, up to YES, up
applicant becomes the owner of the land by virtue 12 has. to 500
of an imperfect or incomplete title. By legal has.
fiction, the land has already ceased to be part of Private NO YES,
the public domain and has become private corporation/association 1000 has.
property.
Q: Can private corporations acquire lands?
24

A: Depending on the applicable Constitution at the GR: A State may not impair vested rights by legislative
time the land was acquired enactment, by the enactment or by the subsequent
repeal of a municipal ordinance or by a change in the
GR: In the 1973 and 1987 Constitution, private Constitution.
corporations may not hold alienable lands of public
XPN: If pursuant to a legitimate exercise of police
domain
power.
XPN: When before 1973 Constitution, the
corporation already acquired it from an individual who
has a vested right in the land by possession and The prohibition under Sec 11, Art 14 of the 1973
Constitution has no retroactive effect because
occupation for at least 30 years since 12 June 1945
respondent corporation had already acquired a
(Susi Doctrine) vested right to the land at the time the 1973
Constitution took effect.
Application of the Susi Doctrine
The Court cited multiple jurisprudence especially the By having already complied with the requirements of
dissenting opinion in Manila Electric Company vs. the law and payment of the full purchase price of the
Castro-Bartolome, et al. All of which developed, land, it was now the mere ministerial duty of the
affirmed and reaffirmed the doctrine that open, government to issue the corresponding sales patent
exclusive and undisputed possession of to the applicant corporation. Even the State cannot
alienable public land for the period prescribed impair vested rights. (Ayog v. Cusi)
by law creates the legal fiction whereby the land,
upon completion of the requisite period ipso Those who have acquired ownership of private
jure and without the need of judicial or other lands or abandoned river beds by right of
sanction, ceases to be public land and becomes accession or accretion under the existing laws.
private property. (Director of Lands v. IAC and
Acme) Section 14(c) refers to acquisition of ownership of
private lands or abandoned river beds by right of
Open, exclusive and undisputed possession of accession or accretion under the existing laws.
alienable public land for the period prescribed by law
creates the legal fiction whereby the land, upon
Ownership by accretion or accession
completion of the requisite period, ipso jure and
without the need of juridical or other sanction, Accession - the right by virtue of which the owner of
ceased to be public land and becomes private a thing becomes the owner of everything that it may
property. (Susi v. Razon) produce or which may be inseparably united or
incorporated thereto.
Can a corporation sole apply for registration?
A corporation sole is qualified to own and register Kinds of accession
private agricultural land. “A corporation sole by the 1) Accession discreta - right of the owner by
nature of its incorporation is vested with the right to accession to everything which is produced by
purchase and hold real estate and personal property. the property
It need not therefore be treated as an ordinary Types
private corporation because whether or not it be so  Natural fruits
treated as such, the Constitutional provision  Civil fruits
involved will, nevertheless, be not applicable.  Industrial fruits
(Republic vs. IAC and Roman Catholic
2) Accession continua - right of the owner to
Archbishop of Lucena)
anything which is incorporated or attached to
Church properties acquired by the incumbent of a his property, whether such attachment is
corporation sole pass, by operation of law, upon his through natural or artificial causes
death not to his personal heirs but to his successor  Immovable property
in office. It could be seen, therefore, that a corporation  Industrial accession – artificial
sole is created not only to administer the temporalities incorporation (building, planting,
of the church or religious society where he belongs but sowing)
also to hold and transmit the same to his successor in  Natural accession – incorporation
said office. through natural means
i) Alluvion
Vested rights ii) Avulsion
A right is considered vested when the right to iii) Change of course of river
enjoyment, present or prospective, has become the iv) Formation of islands
property of some particular person or persons as a  Movable property
present interest. It is some right or interest in property  Adjunction or conjunction
which has become fixed and established and is no  Inclusion
longer open to doubt or controversy. (engraftment)
 Soldadura (attachment)
25

 Tejido (weaving)
 Pintura (painting) Riparian Littoral
 Escritura (writing) River Sea
 Commixtion or confusion May be private property Lands added to the
 Specification if the alluvium formed shores by accretions and
due to the effects of the alluvial deposits caused
Ownership by right of accretion along river banks current of the river by the action of the sea,
form part of the public
(By avulsion)
domain
Article 461. River beds which are abandoned
through the natural change in the course of the
Article 457. To the owners of lands adjoining the
waters ipso facto belong to the owners whose lands
banks of rivers belong the accretion which they
are occupied by the new course in proportion to the
gradually receive from the effects of the current of
area lost. However, the owners of the lands
the waters. (336)
adjoining the old bed shall have the right to acquire
the same by paying the value thereof, which value
shall not exceed the value of the area occupied by Requisites of Art 457 (NCC) GIEA
the new bed. (370a) 1. That the deposit be gradual and
imperceptible; (G, I)
2. That it be made through the effects of the
Abandoned river beds
current of the water; and (E)
Q: Who is the owner of the abandoned river bed? 3. That the land where accretion takes place is
 Owner of the land adjoining the new bed - Are adjacent to the banks of rivers. (A)
ipso facto belonging to the owners whose lands
are occupied by the new course in proportion
Accretion Avulsion Alluvial
to the area lost
 Owner of the land adjoining the old bed - The gradual and Pushing back of Increase in
Owners of the adjoining the old bed shall have imperceptible the shoreline by land from
the right to acquire the same by paying the deposit made sudden, violent the flow of
value thereof, which value shall not exceed through the effects action of the water
the value of the area occupied by the new of the current of elements, against a
bed the water perceptible while shore or
in progress bank
Requisites of Art 461 (NCC) SPANC
1) The change must be sudden in order that the Rules:
old river may be identified (S) 1) In the absence of evidence that the change in
2) The changing course must be more or less the course of the river was sudden or that it
permanent, and not temporary flooding of occurred through avulsion, the presumption is
another’s land; (P) that the change was gradual and caused by
3) The change of the river must be a natural one accretion and erosion.
(i.e. caused by natural forces, not by artificial 2) The fact that the accretion to one’s land used
to pertain to another’s estate, which is covered
means) (N)
by a Torrens certificate of title, cannot preclude
4) There must be definite abandonment by the the former from being the owner thereof.
government. (A) 3) The owner of the adjoining property must
o If the gov’t, shortly after the change register the same under the Torrens
decides and actually takes steps to bring system. Otherwise, the alluvial property may
the river to its old bed, Art 461 will not be subject to acquisition through prescription
apply for, here, it cannot be said that by third persons. (City Mayor of Parañaque
there was abandonment City v. Ebio).
5) The river must continue to exist, that is, it 4) Where alluvial increment is not registered, it
must not completely dry up or disappear may be acquired by third persons through
(C) prescription
Ownership by right of accretion along river banks Dried up river beds

(By accretion)  Belongs to the State as property of public
dominion, not the riparian owner, unless a law
Accretion – The process of gradual and imperceptible vests such ownership
deposit of land through the effects of the current of  Drying up of the river is not accretion
the water  Dried up creek bed is also property of the
public domain
2 types of accretion
1) Littoral Accretion does not automatically become registered
2) Riparian land just because the lot which receives it is
26

covered by a Torrens title thereby making the

alluvial property imprescriptible. (Grande v. CA) What to register?
 Individually- owned ancestral lands
Tancincos’ did not acquire ownership of the parcel  Ancestral land that must be agricultural in
of land. Lot 1 & 2 are properties of public domain. character and used for agricultural, residential,
In the instant case, there is no evidence whatsoever pasture, and tree farming purposes
to prove that the addition to the said property was  Already alienable and disposable agricultural
made gradually through the effects of the
lands, including those with a slope of 18% or
current of the Meycauayan and Bocaue rivers.
more
The alleged alluvial deposits came into being not
because of the sole effect of the current of the rivers
but as a result of the transfer of the dike towards the How to register?
river and encroaching upon it. (Republic v. CA & By themselves or through their predecessors-in-
Tancinco) interest, have been in continuous possession and
occupation of the same in the concept of owner since
Those who have acquired ownership of land in time immemorial or for a period of not less than 30
any other manner provided for by law. years immediately preceding the approval of IPRA
(Oct 29, 1997) shall have the option to secure title to
Acquisition of ownership in any other manner their ancestral land under the provisions of CA 141 as
provided for by law, could either be a amended or PD 1529.
1. statute or
2. executive act Cruz and Europa v. Secretary of Environment
and Natural Resources
Reservation for a specific public purpose by FACTS: Isagani Cruz and Cesar Europa brought this
Presidential proclamation - Lands covered by suit for prohibition and mandamus as citizens and
reservation are not subject to entry, and no lawful taxpayers, assailing the constitutionality of certain
settlement on them can be acquired.
provisions of Republic Act No. 8371 (R.A. 8371),
otherwise known as the Indigenous Peoples Rights Act
 The privilege of occupying public lands with a
view of preemption confers no contractual or of 1997 (IPRA), and its Implementing Rules and
vested right in the lands occupied Regulations (Implementing Rules).
 The authority of the President to withdraw such
lands may defeat the imperfect right of a settler 1) They amount to an unlawful
deprivation of the State’s ownership
Proclamation No. 350 legally effected a land grant to over lands of the public domain as well
the Mindanao Medical Center validly sufficient for as minerals and other natural resources
initial registration under the Land Registration Act therein
(Property Registration Decree). Such grant is 2) A violation of the Regalian doctrine
consecutive of a fee simple title or absolute title in embodied in Sec 2, Art 12 of the
favor of MMC. (Republic rep. by the Mindanao Constitution
Medical Center vs. CA) 3) It violates the rights of private land
owners by providing for an all-
REGISTRATION UNDER IPRA encompassing definition of “ancestral
Republic Act 8371 – “The Indigenous Peoples’ Rights domains” and “ancestral lands”
Act of 1997” 4) It violates the due process clause of the
 recognizes the rights of ownership and Constitution in its provisions defining
possession of indigenous cultural communities the jurisdiction of the National
or indigenous peoples (ICCs/IPs) to their Commission on Indigenous Peoples
ancestral domains and ancestral lands on the (NCIP) and making customary law
basis of native title, and defines the extent of applicable to the settlement of disputes
these lands and domains. involving ancestral domains and
 IPRA expressly converts ancestral lands into ancestral lands
public agricultural lands, and individual 5) Assailing the validity of Rule 7, Part 2,
members of cultural communities, with respect Sec 1 of the NCIP Administrative
to their individually-owned lands, shall have Order No. 1, series of 1998 as it
the option to secure a Torrens title to their infringes the President’s power of
ancestral lands under the provisions of CA 141 control over executive departments
or PD 1529. This option is limited to ancestral under Sec 17, Art 7 of the Constitution.
lands only, not domains, and such lands must “the administrative relationship of the
be individually, not communally, owned. NCIP to the Office of the President is
characterized as a lateral but
Who may register? autonomous relationship for purposes
Individual members of cultural communities of policy and program coordination.”
27

Paris, April 11, 1899, as far back as the

RULING: As the votes were equally divided (7 to 7) findings go, the plaintiff and his
and the necessary majority was not obtained, the case ancestors had held the land as owners.
was redeliberated. However, the voting remained the His grandfather had lived upon it and
same. Pursuant to Rule 56, Sec 7 of the Rules of Court, had maintained fences sufficient for
the petition was dismissed, and the questioned law the holding of cattle, according to the
deemed upheld as valid. custom of the country, some of the
fences, it seems, having been of much
Separate opinion of Justice Puno: earlier date.
Purposes of IPRA 4) The Insular Government opposed the
1) to fulfill the constitutional mandate of granting of these petitions, alleging that
protecting the indigenous cultural the whole parcel of land is public
communities' right to their ancestral property of the Government and that
land; and the same was never acquired in any
2) to correct a grave historical injustice to manner or through any title of egresion
our indigenous people. from the State.
5) In or about the years 1898 Cariño
The Provisions of the IPRA Do Not Contravene the abandoned the property of Whitmarsh
Constitution and located on the property described
1) Ancestral domains and ancestral lands in the plan attached to expediente No.
are the private property of indigenous 561, having constructed a house
peoples and do not constitute part of thereon in which he now lives, and
the land of the public domain. which house is situated in the center of
2) The right of ownership and possession the property, as is indicated on the
by the ICCs/IPs to their ancestral plan; and since which time he has
domains is a limited form of undoubtedly occupied some portion of
ownership and does not include the the property now claimed by him.
right to alienate the same. (ancestral
lands may eb alienated) RULING: The land belonged to Carino under the
3) Sections 7 (a), 7 (b) and 57 of the IPRA Igorot law. He had inherited it from his ancestors in
do not violate the Regalian Doctrine accordance with the native customs and his title had
enshrined in Section 2, Article XII of never been questioned. The Spanish law explicitly
the 1987 Constitution. The right of recognized and scrupulously protected the Indian
ICCs/IPs to develop lands and natural titles. Possession of land under such circumstances
resources within the ancestral domains confers a property right jure gentium independently of
does not deprive the State of any rule of prescription. Spanish law recognized and
ownership over the natural resources, protected the rights of the native occupants of its
control and supervision in their Indian possessions even more fully and scrupulously
development and exploitation. than our Government has done in the case of its Indian
4) The IPRA is a Recognition of Our wards.
Active Participation in the
International Indigenous Movement Carino had a legal title under the Civil Code
Claimant having actually possessed the land in question
Ancestral domains Ancestral lands for more than thirty years had acquired, under the
Not registrable under the registrable under the Spanish Civil Code, good prescriptive title. The
Torrens title Torrens title provisions of this Code as to prescription apply to all
Both constitute native title or possession since time lands in the Philippine Islands regardless of whether
immemorial owned by the Government or not, just as they
admittedly do in the Spanish Peninsula itself. Carino
Transfers of ancestral lands had a legal title under the Civil Code. Registration was
1) May be transferred to members a mere procedural formality and did not create
2) Through customary laws & traditions property. In any event, he had a right of property
3) Subject to right of redemption for a period of under Spanish law which was protected by the
15 years if transferred to a non-member Treaty of Paris.
Recognition of Native Title

Cariño v. Insular Government Whatever may have been the technical position of
FACTS: Spain, it does not follow that, in the view of the United
3) Carino is an Igorot of the Province of States, he had lost all rights and was a mere trespasser,
Benguet, where' the land lies. For more when the present Government seized his land. The
than fifty years before the Treaty of argument to that effect seems to amount to a denial of
native titles throughout an important part of the island
28

of Luzon, at least, for the want of ceremonies which

the Spaniards would not have permitted and had not SECTION 7. Save in cases of hereditary succession,
the power to enforce. no private lands shall be transferred or conveyed
except to individuals, corporations, or
It might, perhaps, be proper and sufficient to say that associations qualified to acquire or hold lands of
when, as far back as testimony or memory goes, the the public domain.
land has been held by individuals under a claim of
private ownership, it will be presumed to have been SECTION 8. Notwithstanding the provisions of
held in the same way from before the Spanish Section 7 of this Article, a natural-born citizen of
conquest, and never to have been public land. the Philippines who has lost his Philippine
Certainly, in a case like this if there is doubt or citizenship may be a transferee of private lands,
ambiguity in the Spanish law, we ought to give the subject to limitations provided by law.
applicant the benefit of the doubt. Whether justice to
the natives and the import of the organic act ought not Section 1, Article IV 1987 Constitution
to carry us beyond a subtle examination of ancient SECTION 1. The following are citizens of the
texts, or perhaps even beyond the attitude of Spanish Philippines:
law, humane though it was, it is unnecessary to decide.
5) Those who are citizens of the
Section 1 and 5, Article XIII 1987 Constitution Philippines at the time of the
SECTION 1. All agricultural, timber, and mineral adoption of this Constitution;
lands of the public domain, waters, minerals, coal, 6) Those whose fathers or mothers are
petroleum, and other mineral oils, all forces or citizens of the Philippines;
potential energy, and other natural resources of the 7) Those born before January 17, 1973,
Philippines belong to the State, and their disposition, of Filipino mothers, who elect
exploitation, development, or utilization shall be Philippine citizenship upon reaching
limited to citizens of the Philippines, or to the age of majority; and
corporations or associations at least sixty per 8) Those who are naturalized in
centum of the capital of which is owned by such accordance with law.
citizens, subject to any existing right, grant, lease, or
concession at the time of the inauguration of the Type of land Filipino 60%
Government established under this Constitution. citizen* Filipino-
Natural resources, with the exception of public owned
agricultural land, shall not be alienated, and no corporations
license, concession, or lease for the exploitation, Forest/timber, No No
development, or utilization of any of the natural national parks,
resources shall be granted for a period exceeding minerals
twenty-five years, except as to water rights for Agricultural Yes Yes
irrigation, water supply, fisheries, or industrial lands of the
uses other than the development of water power, public domain
in which cases beneficial use may be the declared to be
measure and the limit of the grant. alienable and
disposable
SEC. 5. Save in cases of hereditary succession, no Private lands Yes Yes
private agricultural land shall be transferred or *Non-Filipinos are prohibited from acquiring or holding title to
assigned except to individuals, corporations, or private lands, except only by way of legal succession or if the
associations qualified to acquire or hold lands of the acquisition was made by a former natural-born citizen
public domain in the Philippines.
Q: Does the area limitation under RA 7042, as
Section 3, 7 and 8, Article XII 1987 Constitution
amended, apply to a natural-born Filipino citizen who
SECTION 3. Lands of the public domain are
has lost his citizenship but who has reacquired the
classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the same under RA 9225?
public domain may be further classified by law
according to the uses which they may be devoted. A:
Alienable lands of the public domain shall be limited RA 7042, as amended by RA 8179
to agricultural lands. Private corporations or SEC. 10. Other Rights of Natural Born Citizen
associations may not hold such alienable lands of the Pursuant to the Provisions of Article XII, Section 8
public domain except by lease, for a period not of the Constitution. – Any natural born citizen who
exceeding twenty-five years, renewable for not more has lost his Philippine citizenship and who has
than twenty-five years, and not to exceed one the legal capacity to enter into a contract under
thousand hectares in area. Citizens of the Philippines Philippine laws may be a transferee of a private
may lease not more than five hundred hectares, or land up to a maximum area of five thousand
acquire not more than twelve hectares thereof by (5,000) square meters in the case of urban land or
purchase, homestead, or grant. three (3) hectares in the case of rural land to be
xxx used by him for business or other purposes. In
29

the case of married couples, one of them may avail eighteen (18) years of age, of those who re-acquire
of the privilege herein granted: Provided, That if Philippine citizenship upon effectivity of this Act
both shall avail of the same, the total area acquired shall be deemed citizenship of the Philippines.
shall not exceed the maximum herein fixed.
RA 9225
"In case the transferee already owns urban or rural Before effectivity After effectivity
land for business or other purposes, he shall still be Citizens are considered Citizens are not
entitled to be a transferee of additional urban or rural to have lost their considered to have lost
land for business or other purposes which when Philippine citizenship by their Philippine
added to those already owned by him shall not reason naturalization as citizenship by reason
exceed the maximum areas herein authorized. citizens of a foreign naturalization as citizens
country of a foreign country
"A transferee under this Act may acquire not more
than two (2) lots which should be situated in The flaw in the original transaction is considered
different municipalities or cities anywhere in the cured and the title of the transferee is rendered valid
Philippines: Provided, That the total land area if the land is invalidly transferred to an
thereof shall not exceed five thousand (5,000) square 1) alien who subsequently becomes a Filipino
meters in the case of urban land or three (3) hectares citizen or
in the case of rural land for use by him for business 2) transfers it to a Filipino. (Borromeo v.
or other purposes. A transferee who has already Descallar)
acquired urban land shall be disqualified from
acquiring rural land and vice versa."
Q: Who can question the illegality of a void contract?
A:
Limitations as to ownership by former natural
New Civil Code
born citizenship who lost Philippine citizenship
Article 1421. The defense of illegality of contract is
BP 185 RA 8179
not available to third persons whose interests
1000 sqm – urban 5000 sqm – urban are not directly affected.
1 has – rural 3 has - rural
Use of land must be Land must be used in the
Instances when non-filipinos are allowed to own
residential conduct of business,
agriculture, industry, and private lands
services, including lease 1) in cases of hereditary succession, a non-
of land, but excluding Filipino may be a transferee of private lands
the buying and selling 2) a former natural-born citizen of the
thereof Philippines, with limitations
A transferee of land under either law may still apply 3) dual citizens under RA 9225
for land under the other law 4) *prior to the Constitution, there were in the
Public Land Act No 2874 which granted to
Sec 3 and 4, RA 9225 aliens right to acquire private agricultural lands
Section 3. Retention of Philippine Citizenship - Any only by way of reciprocity. Then came the
provision of law to the contrary notwithstanding, Constitution and Commonwealth Act No 141
natural-born citizenship by reason of their which strike out completely the right of
naturalization as citizens of a foreign country are reciprocity granted to aliens
hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of
THE TORRENS SYSTEM
allegiance to the Republic:
Concept
"I _____________________, solemny swear (or 1) To certify – ownership of an absolute and
affrim) that I will support and defend the indefeasible title
Constitution of the Republic of the Philippines and 2) To simplify – the transfer
obey the laws and legal orders promulgated by the
duly constituted authorities of the Philippines; and I GR: The main purpose of the Torrens System is to
hereby declare that I recognize and accept the 1) avoid possible conflicts of title in and to
supreme authority of the Philippines and will real estate, and
maintain true faith and allegiance thereto; and that I 2) to facilitate transactions relative thereto
imposed this obligation upon myself voluntarily giving the public the right to rely upon the
without mental reservation or purpose of evasion." face of Torrens certificate of title and to
dispense with the of inquiring further,
Natural born citizens of the Philippines who, after XPN: when the party concerned has actual
the effectivity of this Act, become citizens of a knowledge of facts and circumstances that
foreign country shall retain their Philippine should impel a reasonably cautious man to
citizenship upon taking the aforesaid oath. make such further inquiry (Capitol v. Province
of Negros Occidental)
Section 4. Derivative Citizenship - The unmarried child,
whether legitimate, illegitimate or adopted, below Background of Torrens System Registration
30

Torrens system - those systems of registration of all claims to the parcel of land are quieted upon
transactions with interest in land whose declared object issuance of said certificate
is, under governmental authority, to
3) establish and certify to the ownership of an Limitations
absolute and indefeasible title to realty, and The Torrens System does not
4) simplify its transfer. 3) furnish a shield for fraud
- It is not a system established for the 4) nor permit one to enrich himself at the expense
acquisition of land of others
 Robert Richard Torrens, South Australia Laws governing land registration

(1857) The State possesses not only the right to determine
 In the Torrens system, title by registration takes how title to real estate may be acquired and proved, but
the place of “title by deeds” of the system it is also within its legislative capacity to establish the
under the “general” law. method of procedure
 The object of the Torrens system then is to do
away with the delay, uncertainty, and expense 5) CA No. 141, or the Public Land Act,
of the old conveyancing system approved on November 7, 1936, but which
 Almost a verbatim copy of the Massachusetts became effective on December 1, 1936 - it
Land Registration Act of 1898 governs the judicial confirmation of imperfect
 Requires that the government issue an official or incomplete titles on the basis of possession
certificate of title attesting to the fact that and occupation of alienable portions of the
the person named is the owner of the public domain in the manner and for the length
property described therein, subject to such of time required by law.
liens and encumbrances as thereon noted or
the law warrants or reserves. 6) PD No. 1529, or the Property Registration
Decree, issued on June 11, 1978. - a
Purpose codification of all laws relative to registration
Prime purpose: Decree land titles that shall be final, of property, and “supersedes all other laws
irrevocable and undisputable relative to registration of property.”
7) Act No. 2259, or the Cadastral Act, enacted
4) to quiet title to land; - The registration either on February 11, 1913 - is an offspring of the
relieves the land of all known as well as system of registration under the Land
unknown claims absolutely, or it compels the Registration Act. It aims to serve public
claimants to come into court and to make there interests by requiring that “the title to any lands
a record, so that thereafter there may be no be titled and adjudicated.”
uncertainty concerning either the character or 8) RA No. 8371, or the Indigenous Peoples
the extent of such claims. Rights Act, approved on October 29, 1997 -
5) to put a stop forever to any question of the recognizes the rights of ownership and
legality of the title, except claims which were possession of indigenous cultural communities
noted at the time of registration, in the or indigenous peoples (ICCs/IPs) to their
certificate, or which may arise subsequent ancestral domains and ancestral lands on the
thereto. basis of native title, and defines the extent of
6) to decree land titles that shall be final, these lands and domains.
irrevocable, and indisputable, and to relieve the
land of the burden of known as well as Cardinal principles of the Torrens System
unknown claims. 1) Mirror principle – the register reflects
(mirrors) accurately and completely the current
Nature of registration facts about a person’s title. A buyer or
3) does not vest title; it is merely an evidence of mortgagee has the right to rely on what appears
title over a particular property on the Certificate of Title, and in the absence
4) not a mode of acquiring ownership but is of anything to excite suspicion, is under no
merely a procedure to establish evidence of title obligation to look beyond the certificate and
over realty investigate the seller or mortgagor’s title
XPN:
The registration of lands of the public domain under  when there exist important facts that
the Torrens system, by itself, does not convert public would create suspicion in an
lands into private lands. otherwise reasonable man to go
beyond the present title and to
Nature of the certificate of title issued investigate those that preceded it
3) indefeasible and  the land sold is in the possession of a
4) imprescriptible and person other than the vendor
31

 a person who deals with registered  “To whom it may concern”, all the world are
land through someone who is not made parties defendant in land proceedings. A
the registered owner such proceeding in rem, it binds all persons
2) Curtain principle – a person dealing with known and unknown and the title issued as a
registered land need not worry that he is result thereof is conclusive upon the whole
dealing in property with hidden trusts and world
equitable interests. He need not go beyond the  Grantors – must be bound as he cannot deny
“curtain” as he need only to concern himself his own act
with the legal title to the land. With this, he can Heirs and devisees – bound for they are
therefore rely on the certificate of title without considered mere extensions of the grantor
“overreaching” behind the curtain Third persons – registration is surplusage
XPN:
 Where a person deals with registered land Jurisdiction
through someone who is not the registered Regional Trial Courts now have plenary
owner jurisdiction over land registration proceedings.
 When the party ahs actual knowledge of
facts and circumstances that would impel a Plenary jurisdiction
reasonably cautious man to make such Section 2. Nature of registration proceedings; jurisdiction of
inquiry or when the purchaser has courts. Judicial proceedings for the registration of
knowledge of a defect or the lack of title in lands throughout the Philippines shall be in rem
his vendor and shall be based on the generally accepted
 In case of banking and financing principles underlying the Torrens system.
institutions
Courts of First Instance shall have exclusive
3) Insurance principle – if a title is duly
jurisdiction over all applications for original
registered, it is guaranteed by the State. This registration of title to lands, including improvements
guarantee is supported by a system of statutory and interests therein, and over all petitions filed after
indemnity for any person who suffers loss by original registration of title, with power to hear and
reason of the conclusive nature of the Register determine all questions arising upon such
applications or petitions. The court through its clerk
Types of title issued of court shall furnish the Land Registration
1) OCT – Original Certificate of Title Commission with two certified copies of all
2) TCT – Transfer Certificate of Title pleadings, exhibits, orders, and decisions filed or
issued in applications or petitions for land
JUDICIAL REGISTRATION registration, with the exception of stenographic
notes, within five days from the filing or issuance
Registration of lands thereof.
1) Judicial
Delegated jurisdiction
 Ordinary land registration proceedings
BP 129
– application is filed in court by the owner
Section 34. Delegated jurisdiction in cadastral and land
or person claiming ownership
registration cases. – Metropolitan Trial Courts,
 Cadastral land registration – Municipal Trial Courts, and Municipal Circuit
government files the petition in court Trial Courts may be assigned by the Supreme Court
2) Administrative – application for patents filed to hear and determine cadastral or land registration
in, and determined by the DENR, DAR and cases covering lots where there is no controversy or
NCIP opposition, or contested lots the where the value
of which does not exceed One hundred
Action in rem thousand pesos (P100,000.00), such value to be
 An action in rem is directed against the thing ascertained by the affidavit of the claimant or by
or property or status of a person and seeks agreement of the respective claimants if there are
judgments with respect thereto as against the more than one, or from the corresponding tax
whole world. declaration of the real property. Their decisions in
these cases shall be appealable in the same
 A cadastral proceeding is an action in rem
manner as decisions of the Regional Trial
 A land registration proceeding is an action in Courts. (as amended by R.A. No. 7691)
rem. Failure to give a personal notice to the
owners or claimants of the land is not a Requisites
jurisdictional defect. It is publication that 1) No controversy or opposition
brings in the whole world as a party in the 2) The value of contested lots does not exceed
case and vests the court with jurisdiction P100,000
Personal notice Publication
Not jurisdictional jurisdictional
32

Section 19. Jurisdiction in civil cases. – Regional Trial 4) MORTGAGES OR ENCUMBRANCES -

Courts shall exercise exclusive original if any, or the names of other persons who may
jurisdiction: have a legal or equitable interest therein
(2) In all civil actions which involve the title to, or 5) MANNER UNDER SECTION 14 – by
possession of, real property, or any interest which the applicant has acquired the land
therein, where the assessed value of the property 6) FULL NAMES AND ADDRESSES – of all
involved exceeds Twenty thousand pesos occupants of the land and those of the
(P20,000.00) or for civil actions in Metro Manila,
adjoining owners
where such the value exceeds Fifty thousand pesos
(50,000.00) except actions for forcible entry into and 7) OTHER FACTS REQUIRED UNDER
unlawful detainer of lands or buildings, original SECTION 21
jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, Attachments
and Municipal Circuit Trial Courts; 1) Tracing cloth plan duly approved by the
 The Court of Appeals, or the LRA has no Director of Lands
jurisdiction to cancel a certificate of title 2) 3 copies of technical descriptions
3) 3 copies of surveyor’s certificate
LAND REGISTRATION 4) All original muniments of title
Procedure in land registration cases Muniments – instruments or written
1) Survey of land – through Bureau of Lands or evidences which the applicant holds or possess
by a duly licensed private surveyor approved by to enable him to substantiate and prove title
Bureau of Lands. The survey plan is a required 5) Certificate of assessed value of land
attachment to the application 6) In case of a non-resident applicant, he must file
 No survey would be possible where the identity with his application an instrument in due
of the land is not first established. Without form appointing an agent or representative
such identification, no opposition to the residing in the Philippines
application for registration could be
interposed. Non-resident applicant
 A survey plan, if not approved by the Section 16. Non-resident applicant. If the applicant is
Director of Lands, is not admissible as not a resident of the Philippines, he shall file with his
evidence in land registration cases application an instrument in due form appointing
 Even if approved, the survey plan is not an agent or representative residing in the
Philippines, giving his full name and postal address,
entitled to credit if it shows that the lots sought
and shall therein agree that the service of any legal
to be registered have areas very much bigger
process in the proceedings under or growing out of
than those indicated in the tax declarations of the application made upon his agent or
same lots representative shall be of the same legal effect as if
 The submission in evidence of the original made upon the applicant within the Philippines. If
tracing cloth plan, duly approved by the Bureau the agent or representative dies, or leaves the
of Lands, in cases of original registration, is a Philippines, the applicant shall forthwith make
mandatory requirement. another appointment for the substitute, and, if he
o Blueprint copies and other evidence fails to do so the court may dismiss the
could also provide sufficient application.
identification (Republic v. Espinoza)
or Causes for dismissal
o Where there is a survey plan the 1) If the agent or representative dies, or leaves the
correctness of which had not been Philippines, the applicant shall forthwith make
overcome by clear, strong and another appointment for the substitute, and, if
convincing evidence (Director of he fails to do so the court may dismiss the
Lands v. IAC and Espartinez) application. (Sec 16)
2) If the application is filed in the wrong court or
Contents of the application (Sec 15, PD 1529) the wrong venue (Sec 17)
1) DESCRIPTION - Description of the land 3) If it appears that the land is not registrable
applied for, together with any buildings and 4) If a valid title to land had already been issued
improvements 5) If the applicant is not qualified under the
2) CITIZENSHIP AND CIVIL STATUS – of Constitution, Sec 14 and other pertinent laws
the applicant, and if married, the name of the
wife or husband and if the marriage had been Causes for denial of application
dissolved, when and how the marriage relation 1) The clerk of court shall not accept the
terminated application if the applicant has not furnished
3) ASSESSED VALUE – of the land, buildings the director of Lands with a copy of the
and other improvements application and all annexes (Section 17)
33

2) It is required that the application must be 1) Proof that the land is alienable and disposable,
sworn to before any officer authorized to had been withdrawn from public use, and is
administer oaths. registrable
XPN: the court, instead of dismissing the 2) Proof of identity of land
application outright, may allow the applicant to 3) Proof of acquisition of ownership under
verify the application as it is a mere formal Section 14
defect
Issuance of decision
Publication, mailing and notice 1) Upon the expiration of 30 days to be counted
1) Within 5 days from the filing of application of from the date of receipt of notice of the
registration, the court shall issue an order judgment, the judgment becomes final
setting the date and hour of initial hearing 2) After judgment has become final and
which shall not be earlier than 45 days nor later executory, it shall devolve upon the court to
than 90 days from the date of order forthwith issue and order directing the
2) Public notice of the hearing is given Commissioner of the LRA to issue the decree
a) Publication once in the of registration and the corresponding
official gazette certificate of title in favor of the person
b) Mailing adjudged entitled to registration
c) Posting 3) The nature of duty to issue decree is
3) Publication in the official gazette shall be MINISTERIAL – it is ministerial in the sense
sufficient to confer jurisdiction. However, that they act under the orders of the court and
publication of the notice in a newspaper of with the data found in the record, and they
general circulation remains an indispensable have no discretion in the matter
requirement consistent with procedural due
process Mandamus
4) If amendment of the application is made to 1) IF UNOPPOSED - Since purely ministerial,
include additional area, a new publication of the issuance of a decree may be compelled by
the amended application must be made, mandamus, if unopposed (Gomez v. CA)
but not when the amendment consists in the 2) IF OPPOSED - it is well-settled that the
exclusion of a portion form the area issuance of such decree is not compellable by
originally applied for mandamus because it is a judicial act involving
the exercise of discretion.
Amendments to application Rationale
Section 19. Amendments. Amendments to the 1) writ of mandamus can be awarded only
application including joinder, substitution, or when the petitioners' legal right to the
discontinuance as to parties may be allowed by the performance of the particular act which is
court at any stage of the proceedings upon just sought to be compelled is clear and
and reasonable terms. complete (indubitably granted by law
or is inferable as a matter of law)
Amendments which shall consist in a substantial
 If the right is clear and the case is
change in the boundaries or an increase in area
meritorious, objections raising
of the land applied for or which involve the
inclusion of an additional land shall be subject to merely technical questions will
the same requirements of publication and notice as be disregarded.
in an original application.  But where the right sought to be
enforced is in substantial doubt
1) Substantial change in the boundaries or dispute, as in this case,
2) Increase in the area of the land applied for mandamus cannot issue.
3) Inclusion of an additional land (Laburada v. LRA)
Absent the new publication would result to a nullity CADASTRAL REGISTRATION

insofar as the decision concerns the newly included  Another means to bring lands under operation
land of Torrens System
 This innovation was conceived to hasten and
The following do not require publication accelerate registration
1) Change of name of the applicant  It is the government that initiates the process
2) The substitution of name of the new owner by declaring that all lands within a stated area
3) Mere decrease in area up for registration – whether or not owners are
interested to settle their titles
Specific evidences during hearing
Nature of proceedings
 In rem
34

 Non-adversarial in a sense that there is no 2) actual occupant of a residential land

defendant or plaintiff 3) Size requirement
 Compulsory because failure to register a claim 4) Must be patrimonial
may bar it
Size
Procedure 1) highly urbanized - should not exceed 200 sqm
1) Cadastral survey 2) other cities – should not exceed 500 sqm
2) Filing of petition 3) first class and second class municipalities -
3) Filing of answer should not exceed 750 sqm
4) Hearing of the case 4) all other municipalities - should not exceed
5) Decision 1000 sqm
6) Issuance of decree and certificate of title
 Upon the declaration of the court that Section 2. Coverage. - This Act shall cover all lands
the decree is final, the LRA will enter a that are zoned as residential areas, including
decree of registration. Decree of the townsites as defined under the Public Land Act;
court becomes final if no appeal is Provided, That none of the provisions of Presidential
taken within the 15-day reglementary Decree No. 705 shall be violated.
period.
Zoned residential areas located inside a delisted
Cadastral Ordinary military reservation or abandoned military camp, and
Initiated by Government Private individual those of local government units (LGUs) or townsites
Subject Private and Private lands which preceded Republic Act No. 7586 or the National
matter public Integrated Protected Areas System (NIPAS) law, shall
Ownership Government Private individual also be covered by this Act.
does not assert asserts -
ownership and is ownership
interested only in Must be
the settlement of 1) zoned residential areas
titles
2) including townsites
Survey Government The claimant
3) Zoned residential areas located inside a
undertakes undertakes the
survey and survey at his delisted military reservation or abandoned
advances expense military camp and those of local
expenses government units (LGUs)
As to risk In the absence of Applicant has 4) townsites which preceded Republic Act No.
a successful another chance 7586 or the National Integrated Protected
claimant, the to his claim as Areas System (NIPAS) law
property goes to dismissal without
government prejudice to re- Section 3. Application. - The application on the land
filing applied for shall be supported by a map based on an
actual survey conducted by a licensed geodetic engineer
ADMINSITRATIVE REGISTRATION and approved by the Department of Environment and
Natural Resources (DENR) and a technical description
REPUBLIC ACT No. 10023 of the land applied for together with supporting
affidavit of two (2) disinterested persons who are
AN ACT AUTHORIZING THE ISSUANCE residing in the barangay of the city or municipality
OF FREE PATENTS TO RESIDENTAL where the land is located, attesting to the truth of the
LANDS
facts contained in the application to the effect that the
Section 1. Qualifications. - Any Filipino citizen who is
applicant thereof has, either by himself or through his
an actual occupant of a residential land may apply for a
predecessor-in-interest, actually resided on and
Free Patent Title under this Act: Provided; That in
continuously possessed and occupied, under a bona
highly urbanized cities, the land should not exceed two
fide claim of acquisition of ownership, the land applied
hundred (200) square meters; in other cities, it should
for at least ten (10) years and has complied with the
not exceed five hundred (500) square meters; in first
requirements prescribed in Section 1 hereof.
class and second class municipalities, it should not
-
exceed seven hundred fifty (750) square meters; and in
Requirements
all other municipalities, it should not exceed one
1) supported by a map based on an actual survey
thousand (1,000) square meters; Provided, further,
conducted by a licensed geodetic engineer and
That the land applied for is not needed for public
approved by the Department of Environment
service and/or public use.
and Natural Resources (DENR)
-
2) technical description of the land applied for
Must be a:
1) filipino citizen
35

3) supporting affidavit of two (2) disinterested

persons who are residing in the barangay of the RELEVANT RULINGS:
city or municipality where the land is located, A judgment approving the subdivision of a parcel of
attesting to the truth of the facts contained in land does not preclude other parties with a better
the application to the effect that the applicant right from instituting free patent applications over
thereof has, either by himself or through his it. Entitlement to agricultural lands of the public
predecessor-in-interest, actually resided on and domain requires a clear showing of compliance with
continuously possessed and occupied, under a the provisions of Commonwealth Act No. 141, as
bona fide claim of acquisition of ownership, amended, otherwise known as the Public Land Act.
the land applied for at least ten (10) years and
has complied with the requirements prescribed Petitioners, in choosing to apply for free patents,
in Section 1 hereof. acknowledged that the land covered by their
application still belongs to the government and is still
Section 4. Special Patents. - Notwithstanding any part of the public domain. Under Section 44 of the
provision of law to the contrary and subject to private Public Land Act as amended by Republic Act No.
rights, if any, public land actually occupied and 6940, they are required to prove continuous
used for public schools, municipal halls, public occupation and cultivation for 30 years prior to April
plazas or parks and other government institutions 15, 1990 and payment of real estate taxes while the land
for public use or purpose may be issued special has not been occupied by other persons.
patents under the name of the national agency or
LGU concerned: Provided, That all lands titled under There are four (4) modes of disposition of agricultural
this section shall not be disposed of unless lands under Section 11 of the Public Land Act, namely:
sanctioned by Congress if owned by the national  for homestead settlement;
agency or sanctioned by the sanggunian
concerned through an approved ordinance if The applicant of a homestead must be
owned by the LGU.  a "citizen of the Philippines over the
age of eighteen years,
Section 6. Period for Application. - All applications shall  or the head of a family
be filed immediately after the effectivity of this Act  must prove compliance with the
before the Community Environment and Natural residency and cultivation requirements
Resources Office (CENRO) of the DENR. The under Chapter IV of Public Land Act.
CENRO is mandated to process the application within  Limitation: Under the Constitution,
one hundred and twenty (120) days to include only 12 hectares of agricultural land
compliance with the required notices and other legal of the public domain may be acquired
requirements, and forward this recommendation to the through homestead.
Provincial Environment and Natural Resources  Pursuant to the Administrative Code
Office (PENRO), who shall have five (5) days to and the PLA, the DENR has exclusive
approve or disapprove the patent. In case of approval, jurisdiction over the management and
patent shall be issued; in case of conflicting claims disposition of public lands. In the
among different claimants, the parties may seek the exercise of this jurisdiction, the DENR
proper judicial remedies. has the power to resolve conflicting
claims over public lands and determine
Taar v. Lawan an applicant's entitlement to the grant
FACTS: of a free patent.
1) the case involves two (2) free patent  Only extrinsic fraud may be raised as a
applications over a 71,014-square-meter parcel ground to "review or reopen a decree
of land in Genova, Tarlac acquired by of registration."
inheritance. Ownership of the second parcel
was contested. 2) by sale;
2) An agreement to partition was approved by the
CFI of Tarlac on February 18, 1948, and a Sales patents are governed by Chapter V of the Public Land
subdivision plan over the property was Act. The applicant
approved on February 6, 2001. Petitioners then  must be a citizen of the Philippines who is of
applied for free patents. legal age
3) Respondents filed a verified protest alleging  or a head of the family
that their predecessors-in-interest had been in  The land must first be appraised before it can
"actual, physical, exclusive, and notorious be sold through public bidding.
possession and occupation of the land . . .  As an additional requirement, the purchaser
since 1948." must "have not less than one-fifth of the
4) Case went all the way to the SC from appeals, land broken and cultivated within five
motions, and dismissals in the lower courts. years after the date of the award. The
36

purchaser must also show "actual occupancy, issued to him for such tract or tracts of such land not
cultivation, and improvement of at least one- to exceed twelve (12) hectares.
fifth of the land applied for until the date on
which final payment is made" before the Requisites of application of a homestead patent under RA 6940,
issuance of a sales patent. Only 12 hectares of Section 44
agricultural land of the public domain may be  the applicant must be a natural-born citizen of
acquired through a sales patent. The Public the Philippines;
Land Act authorized domestic corporations to  the applicant must not own more than 12
apply for sales patents over agricultural hectares of land;
lands. However, under the present  the applicant or his or her predecessors-in-
Constitution, private corporations and interest must have continuously occupied and
associations can only lease agricultural cultivated the land;
lands.  the continuous occupation and cultivation
must be for a period of at least 30 years
3) by lease; or before April 15, 1990, which is the date of
effectivity of Republic Act No. 6940; and
The government can only award the right to lease  payment of real estate taxes on the land while -
through an auction, the procedure of which shall be the it has not been occupied by other persons
same as that prescribed for sales patents.116 An
inherent condition of the lease is that the lessee should Judicial confirmation Homestead patent
have cultivated 1/3 of the land "within five years In judicial legalization or he applicant of a free
after the date of the approval of the lease." Under judicial confirmation, the patent does not claim
the Constitution, citizens may lease not more than 500 applicant "already that the land is his or her
hectares of agricultural lands of the public domain. For holds an imperfect title private property but
private corporations and associations, they may lease a to an agricultural land of acknowledges that the
maximum of 1,000 hectares of agricultural lands for a the public domain after land is still part of the
period of 25 years, renewable for another 25 years. having occupied it from public domain
June 12, 1945 or earlier
Acquire Lease
Filipino citizens YES, up to YES, up
12 has. to 500
has.
Private NO YES,
corporation/association 1000 has.
4) by confirmation of imperfect or
incomplete titles
 under CA 141 Sec 48(b) in relation to
PD 1529
 Both judicial legalization and
administrative legalization involve
agricultural lands of the public domain
and require "continuous occupation
and cultivation either by the
applicant himself or through his
predecessors-in-interest for a
certain length of time.
RA 6940
Section 44. Any natural-born citizen of the
Philippines who is not the owner of more than
twelve (12) hectares and who, for at least thirty (30)
years prior to the effectivity of this amendatory
Act, has continuously occupied and cultivated,
either by himself or through his predecessors-
in-interest a tract or tracts of agricultural public
lands subject to disposition, who shall have paid
the real estate tax thereon while the same has not
been occupied by any person shall be entitled, under
the provisions of this Chapter, to have a free patent
37

SECOND EXAM COVERAGE 1) The motion shall be in writing stating the

grounds therefor, a written notice of which
REMEDIES shall be served by the movant to the adverse
1) new trial or reconsideration under Rule 37 party.
2) relief from judgment under Rule 38
2) shall point out specifically the findings or
3) appeal to the Court of Appeals or Supreme conclusions of the judgment or final order
Court in the same manner as in ordinary which are not supported by the evidence or
actions pursuant to Section 33 of PD No. 1529 which are contrary to law making express
reference to the testimonial or documentary
Other remedies evidence or to the provisions of law alleged to
1) review of decree under Section 32 of PD No. be contrary to such findings or conclusions.
1529
2) reconveyance under Sections 53 and 96 3) Must not be proforma - A pro forma motion
3) quieting of title for MNT or MR shall not toll the
reglementary period. No motion for
4) damages under Section 32
extension of time to file MNT or MR shall be
5) claim against the Assurance Fund under allowed
Section 95 4) A motion for new trial grounded on fraud,
6) reversion under Section 101 of CA No. 141, accident, mistake or excusable negligence
7) cancellation of title should ordinarily be accompanied by two
8) annulment of judgment under Rule 47 affidavits: one, setting forth the facts and
9) criminal prosecution under the Revised Penal circumstances alleged to constitute such fraud,
Code accident, mistake, or excusable negligence; and
the other, an affidavit setting forth the
MOTION FOR NEW TRIAL OR particular facts claimed to constitute the
RECONSIDERATION movant’s meritorious cause of action or
Within the period for taking an appeal (15 days defense.
after notice of the judgment or final order
Fraud
appealed from), the aggrieved party may move the
Must be extrinsic fraud (Palanca vs. American Food
trial court to set aside the judgment or final order and
Manufacturing Co.)
grant a new trial for one or more of the causes
materially affecting the substantial rights of said party.
Intrinsic Extrinsic
acts of a party in a any fraudulent act of the
Effects litigation during the trial, successful party in a
1) if motion for new trial granted - the such as the use of forged litigation which is
judgment is set aside instruments or perjured committed outside the
2) if the motion for reconsideration is granted testimony, which did not trial of a case against the
- the judgment is merely amended affect the presentation of defeated party, or his
the case, but did prevent agents, attorneys or
Period a fair and just witnesses, whereby said
The period for filing either motion is within the period determination of the defeated party is
case prevented from
for taking, not perfecting, an appeal
presenting fully and
1) appeal - taken within fifteen (15) days after fairly his side of the case.
notice to the appellant of the judgment or final
order appealed from Mistake
2) record on appeal - the appellant shall file a Some unintentional act, omission, or error arising from
notice of appeal and a record on appeal within ignorance, surprise, imposition or misplaced
thirty (30) days after notice of the judgment or confidence. A mistake, specifically, shall invalidate
final order consent only if it refers to the substance of the thing
which is the object of the contract, or to the condition
Grounds which has principally moved one or both parties to
1) Fraud, accident, mistake or excusable enter into the contract.
negligence which ordinary prudence could not
have guarded against and by reason of which Excusable neglect
such aggrieved party has probably been A failure to take the proper steps at the proper time,
impaired in his rights. not in consequence of the party’s own carelessness,
2) Newly discovered evidence, which he could inattention, or willful disregard of the process of the
not with reasonable diligence, have discovered court, but in consequence of some unexpected or
and produced at the trial and which if unavoidable hindrance or accident, or reliance on the
presented would probably alter the result. care and vigilance of his counsel or on promises made
by the adverse party.
Contents
Affidavits of Merit [FAME]
38

1) Setting forth the facts and circumstances than six (6)

alleged to constitute the FAME; and months after
2) Setting forth the particular facts claim to such judgment
constitute the movant’s meritorious cause of or final order
action or defense. was entered, or
such
This Court has held that mistakes of counsel as to proceeding
the competency of witnesses, the sufficiency and was taken
relevancy of evidence, the proper defense, or the
burden of proof, his failure to introduce certain They are exclusive of each other
evidence, or to summon witnesses and to argue the
case, are not proper grounds for a new trial, unless RELIEF FROM DENIAL OF APPEAL
the incompetence of counsel be so great that his When a judgment or final order is rendered by any
client is prejudiced and prevented from fairly court in a case, and a party thereto, by fraud, accident,
presenting his case. mistake, or excusable negligence, has been
prevented from taking an appeal, he may file a petition
The failure of counsel to notify her on time of the in such court and in the same case praying that the
adverse judgment to enable her to appeal therefrom appeal be given due course.
does not constitute excusable negligence. Notice
sent to counsel of record is binding upon the client Appeal Relief from denial of
and the neglect or failure of counsel to inform him appeal
of an adverse judgment resulting in the loss of his Not limited to the by fraud, accident,
right to appeal is not a ground for setting aside a grounds of fraud, mistake, or excusable
judgment valid and regular on its face. accident, mistake, or negligence
excusable negligence
Relief under Rule 28 will not be granted to a party The appeal refers to the The plaintiff is
who seeks relief from the effects of a judgment action itself and there is prevented from taking
on the ground of fraud, where the loss of the no denial an appeal
remedy is due to his own fault or negligence or
that of his counsel. (Palanca vs. American Food
Manufacturing Co.) Final judgment
One that finally disposes of a case, leaving nothing
SUMMARY: more to be done by the court in respect thereto.
Remedy sought – New Trial
Decision: Petitioner is not eligible for new trial Interlocutory
Reason: The incompetence of counsel be so An order that does not finally dispose of the case, and
great that his client is prejudiced and prevented does not end the court’s task of adjudicating the
from fairly presenting his case parties’ contention and determining their rights and
liabilities as regards each other, but obviously indicates
that other things remain to be done by the court, is
RELIEF FROM JUDGMENT “interlocutory”.
When a judgment or final order is entered, or any
proceedings is thereafter taken against a party in any Period
court through, accident, mistake, or excusable Filed within sixty (60) days after the petitioner learns of
negligence, he may file a petition in such court and the judgment, final order, or other proceeding to be set
in the same case praying that the judgment, order aside, and not more than six (6) months after such
or proceeding be set aside. judgment or final order was entered, or such
proceeding was taken
Motion for Motion for Relief from
new trial reconsideration judgment Contents
The judgment, The judgment, The judgment, Must be accompanied with affidavits showing the
order or order or order or fraud, accident, mistake, or excusable negligence relied
proceeding is proceeding is proceeding is upon, and the facts constituting the petitioner’s good
set aside and a amended set aside. and substantial cause of action or defense, as the case
new trial is may be.
granted
Within the period for taking an Filed within APPEAL
appeal sixty (60) days An appeal may be taken from
after the 1) a judgment or final order that completely
petitioner disposes of the case, or
learns of the 2) of a particular matter therein when declared by
judgment, final the Rules of Court to be appealable
order, or other
proceeding to
When appeal may not be taken
be set aside,
and not more
39

a) An order denying a motion for new trial or 2) Petition for review - The appeal to the Court
reconsideration; of Appeals in cases decided by the Regional
b) An order denying a petition for relief or any Trial Court in the exercise of its appellate
similar motion seeking relief from judgment; jurisdiction shall be by petition for review in
c) An interlocutory order; accordance with Rule 42
d) An order disallowing or dismissing an appeal; 3) Appeal by certiorari - In all cases where only
e) An order denying a motion to set aside a questions of law are raised or involved, the
judgment by consent, confession or appeal shall be to the Supreme Court by
compromise on the ground of fraud, mistake petition for review on certiorari in accordance
or duress, or any other ground vitiating with Rule 45.
consent;
f) An order of execution; Perfection of appeal
g) A judgment or final order for or against one or 1) Appeal by notice - deemed perfected as to
more of several parties or in separate claims, him upon the filing of the notice of appeal in
counterclaims, cross-claims and third-party due time.
complaints, while the main case is pending, 2) Appeal by record - deemed perfected as to
unless the court allows an appeal therefrom; him with respect to the subject matter thereof
and upon the approval of the record on appeal filed
h) An order dismissing an action without in due time.
prejudice.
Appeal by notice Appeal by record
Remedy a mode that envisions enables the trial court to
In all the above instances where the judgment or final the elevation of the continue with the rest of
order is not appealable, the aggrieved party may file an original records to the the case because the
appropriate special civil action under Rule 65. appellate court as to original records remain
thereby obstruct the trial with the trial court even
Modes of appeal court in its further as it affords to the
proceedings regarding appellate court the full
1) Ordinary appeal - — The appeal to the Court
the other parts of the opportunity to review
of Appeals in cases decided by the Regional case. and decide the appealed
Trial Court in the exercise of its original matter
jurisdiction shall be taken by filing a notice of
appeal with the court which rendered the The “fresh period rule” in Neypes declares that, to
judgment or final order appealed from and standardize the appeal periods provided in the Rules
serving a copy thereof upon the adverse party. and to afford litigants fair opportunity to appeal their
No record on appeal shall be required except cases, the Court deems it practical to allow a fresh
in special proceedings and other cases of period of 15 days within which to file the notice of
multiple or separate appeals where the law or appeal in the Regional Trial Court, counted from
the Rules so require. In such cases, the record receipt of the order dismissing a motion for a new
on appeal shall be filed and served in like trial or motion for reconsideration.
manner. The "fresh period rule" shall apply to:
1. Rule 40 (appeals from the Municipal Trial
Period of appeal Courts to the Regional Trial Courts);
2. Rule 41 (appeals from the Regional Trial
 Appeal by notice - The appeal shall be
Courts to the Court of Appeals or Supreme
taken within fifteen (15) days from Court);
notice of the judgment or final order 3. Rule 42 (appeals from the Regional Trial
appealed from. Courts to the Court of Appeals);
 Appeal by record - Where a record on 4. Rule 43 (appeals from quasi-judicial
appeal is required, the appellant shall agencies to the Court of Appeals); and
file a notice of appeal and a record on 5. Rule 45 (appeals by certiorari to the
appeal within thirty (30) days from Supreme Court).
notice of the judgment or final order.
 in case a motion for new trial or motion Obviously, these Rules cover judicial proceedings
under the 1997 Rules of Civil Procedure.
for reconsideration of the decision is
filed and the same is denied, the party The present case is administrative in nature
litigant is given a fresh period of involving an appeal from the decision or order
fifteen (15) days from receipt of the of the DENR regional office to the DENR
final order denying his motion within Secretary. Such appeal is indeed governed by
which to file the notice of appeal. Section 1 of Administrative Order No. 87, Series of
(Neypes v. CA) – FRESH PERIOD 1990. As earlier quoted, Section 1 clearly provides
RULE that if the motion for reconsideration is denied, the
movant shall perfect his appeal "during the
40

remainder of the period of appeal, reckoned from

receipt of the resolution of denial;" whereas if the Requisites
decision is reversed, the adverse party has a fresh 15- 1) The petitioner must have an estate or interest
day period to perfect his appeal. in the land;
2) He must show actual fraud in the
Rule 41, Section 3 of the Rules of Court, as clarified
procurement of the decree of registration;
in Neypes, being inconsistent with Section 1 of
3) The petition must be filed within one year
Administrative Order No. 87, Series of 1990, it may
not apply to the case of petitioner whose motion from the issuance of the decree by the Land
for reconsideration was denied. (Panolino v. Registration Authority; and
Tajala) 4) The property has not yet passed to an
innocent purchaser for value. (E Land
SUMMARY: Philippines v. Garcia)
Remedy sought of – Fresh period rule
Decision: The fresh period rule will not apply. The Grounds for review
case is an administrative proceeding. Must be
1) Actual
REVIEW OF DECREE OF REGISTRATION 2) Extrinsic (Cruz v. Navarro)
Section 32. Review of decree of registration;
Innocent purchaser for value. The decree of Only extrinsic or collateral, as distinguished from
registration shall not be reopened or revised by intrinsic, fraud is a ground for annulling a judgment.
reason of absence, minority, or other disability of
1) any fraudulent act of the successful party in a
any person adversely affected thereby, nor by
litigation
any proceeding in any court for reversing
judgments, subject, however, to the right of any 2) which is committed outside the trial of a case
person, including the government and the branches against the defeated party, or his agents,
thereof, deprived of land or of any estate or attorneys or witnesses,
interest therein by such adjudication or 3) whereby said defeated party is prevented from
confirmation of title obtained by actual fraud, to presenting fully and fairly his side of the case.
file in the proper Court of First Instance a
petition for reopening and review of the decree Period
of registration not later than one year from and After one year from and after the date of entry of such
after the date of the entry of such decree of decree of registration.
registration, but in no case shall such petition be
entertained by the court where an innocent
As borne out by the records and undisputed by the
purchaser for value has acquired the land or an
parties, OCT No. 0-660 of petitioner was issued on
interest therein, whose rights may be prejudiced.
August 29, 1997 pursuant to a Decree issued on
Whenever the phrase "innocent purchaser for value"
August 20, 1997, while the complaint for the
or an equivalent phrase occurs in this Decree, it shall
quieting of title in Civil Case No. TG-1784 was filed
be deemed to include an innocent lessee,
and docketed on March 5, 1998; hence, applying the
mortgagee, or other encumbrancer for value.
above provisions, it would seem that the period of
one (1) year from the issuance of the decree of
Upon the expiration of said period of one year,
registration has not elapsed for the review thereof.
the decree of registration and the certificate of
However, a closer examination of the above
title issued shall become incontrovertible. Any
provisions would clearly indicate that the action
person aggrieved by such decree of registration in
filed, which was for quieting of title, was not the
any case may pursue his remedy by action for
proper remedy.
damages against the applicant or any other
persons responsible for the fraud.
Courts may reopen proceedings already closed by
final decision or decree when an application for
Courts may reopen proceedings already closed by final review is filed by the party aggrieved within one year
decision or decree when application for review is filed from the issuance of the decree of registration.
by the party aggrieved within one year from the However, the basis of the aggrieved party must
issuance of the decree of registration. be anchored solely on actual fraud.
Applicability In the present case, the one-year period before the

The rule on the incontrovertibility and indefeasibility Torrens title becomes indefeasible and
of a Torrens title after one year from entry of the incontrovertible has not yet expired; thus, a review
decree of registration is equally applicable to titles of the decree of registration would have been the
acquired through homestead or free patents. appropriate remedy. (E Land Philippines v.
Garcia)
The date of issuance of the patent, therefore,
SUMMARY:
corresponds to the date of the issuance of the decree Remedy sought of – Quieting of title
in ordinary registration cases. Proper remedy - Review of decree
41

Reason: within 1 year from the entry of the decree It has been held that the petition for
reopening of the decree, which may be filed
The intentional omission by the respondent to within one (1) year from the issuance of the
properly inform the court a quo that there were said decree, is not the exclusive remedy of
persons (the petitioners) in actual possession and the aggrieved party and does not bar any
cultivation of the parcels in question, with the result other remedy to which he may be entitled.
that the court as well as the Land Registration That party who is prejudiced may file an
Authority were denied of their authority to require action for the reconveyance of the property
the sending of specific individual notices of the of which he had been illegally deprived, even
pendency of the application in accordance with before the issuance of the decree.
Sections 23 and 24 of the Property Registration (Municipality of Hagonoy v. Secretary of
Decree, constitutes actual fraud. Thus, where the Agriculture and Natural Resources)
“Notice of Initial Hearing” did not contain a
specific mention of the names of the petitioners, Statutory basis
but only those of public officials and private Section 96. Against whom action filed. If such action is
individuals who evidently are not interested in brought to recover for loss or damage or for
the outcome of the application, it behooves the deprivation of land or of any estate or interest
court a quo to accord the petitioners a full-blown therein arising wholly through fraud, negligence,
hearing — to which they are entitled as part of the omission, mistake or misfeasance of the court
due process guarantee — at which they could personnel, Register of Deeds, his deputy, or other
present all available evidence to prove their employees of the Registry in the performance of
allegations. (Cruz v. Navarro) their respective duties, the action shall be brought
against the Register of Deeds of the province or
SUMMARY: city where the land is situated and the National
Remedy sought of – Review of decree Treasurer as defendants. But if such action is
Proper remedy - Review of decree brought to recover for loss or damage or for
Reason: Actual and extrinsic fraud are present deprivation of land or of any interest therein arising
through fraud, negligence, omission, mistake or
RECONVEYANCE misfeasance of person other than court
An action for reconveyance is a legal and equitable personnel, the Register of Deeds, his deputy or
remedy granted to the rightful owner of land which has other employees of the Registry, such action shall
been wrongfully or erroneously registered in the name be brought against the Register of Deeds, the
of another for the purpose of compelling the latter to National Treasurer and other person or persons,
transfer or reconvey the land to him. as co-defendants. It shall be the duty of the
Solicitor General in person or by representative to
appear and to defend all such suits with the aid of
Nature the fiscal of the province or city where the land lies:
1) A legal and equitable remedy Provided, however, that nothing in this Decree
2) does not aim or purport to re-open the shall be construed to deprive the plaintiff of any
registration proceeding and set aside the decree right of action which he may have against any
of registration person for such loss or damage or deprivation
3) only to show that the person who secured the without joining the National Treasurer as party
registration of the questioned property is not defendant. In every action filed against the
the real owner thereof Assurance Fund, the court shall consider the report
4) the property is deemed to be held in trust for of the Commissioner of Land Registration.
the real owner by the person in whose name it
is registered. GR: The registered owner is not rendered immune by
5) The decree of registration is respected as the law from the claim that he is not the real owner of
incontrovertible the land he had registered in his name. Thus, an action
6) An action in personam and is always available as for reconveyance may be filed against the registered
long as the property has not passed to an owner by the rightful but as yet unregistered owner.
innocent third party for value. XPN: However, this remedy cannot always be availed
of by an aggrieved claimant, as when the rights of
In personam In rem innocent purchasers for value will be affected.
directed against directed against the
specific persons and thing or property or Relevant allegations
seek personal status of a person 1) the plaintiff was the owner of the land; and
judgments and seek judgments 2) that the defendant had illegally dispossessed
with respect thereto him of the same. (Heirs of Kionisala v.
as against the whole Dacut)
world.
Prescriptive period
7) Remedy is available even before the issuance of 1) Fraud – within 4 years from discovery
the decree 2) Implied trust – not later than 10 years
42

3) Void contract - imprescriptible issued in another’s name. The issuance of a

certificate of title in the latter’s favor could not vest
Where to file upon him or her ownership of the property; neither
 MTC – Metro Manila, assessed value does not could it validate the purchase thereof which is null
exceed 50,000 and void. Registration does not vest title; it is merely
 RTC – Metro Manila, assessed value > 50,000 the evidence of such title. Our land registration laws
do not give the holder any better title than what he
 MTC – outside Metro Manila, assessed value
actually has. Being null and void, the sale produces
does not exceed 20,000 no legal effects whatsoever.
 RTC – outside Metro Manila, assessed value >
20,000 SUMMARY:
Remedy sought of – New trial ► Annulment of
MTC RTC deed
Outside MM assessed value assessed value Proper remedy - Reconveyance
does not > 20,000 Reason: It does not seek to set aside the judgment
exceed 20,000 of registration of titles nor does it seek to nullify the
Within MM assessed value assessed value title by challenging the judgment or proceeding that
does not > 50,000 decreed its issuance.
exceed 50,000
FACTS: In support of their causes of action for
Quantum of proof declaration of nullity of titles and reconveyance,
Clear and convincing evidence that the land sought to private respondents claimed absolute ownership of
be reconveyed is his. He must establish the fact of Lot 1015 and 1017 even prior to the issuance of the
fraud. Mere allegation of fraud is not enough. Specific, corresponding free patents and certificates of title.
intentional acts to deceive and deprive another party of They further alleged in their complaint -
his right or to injure him must be alleged and proof.
1) That plaintiffs are absolute and exclusive
owners and in actual possession and
This Court agrees with the Court of Appeals that cultivation of two parcels of agricultural
the action of Naval-Sai is one for reconveyance. lands herein particularly described as follows
Although the designation of the complaint is [technical description of Lot 1015 and Lot
annulment of deed, and does not include 1017] x x x x
reconveyance, the facts alleged and reliefs sought 2) That plaintiffs became absolute and
show that reconveyance is the end goal. What exclusive owners of the abovesaid parcels
determines the nature of the action are the of land by virtue of inheritance from their
allegations in the complaint. The cause of action in a late father, Honorio Dacut, who in turn
complaint is not determined by the designation acquired the same from a certain Blasito
given by the complaint, but by what the allegations Yacapin and from then on was in possession
in the body of the complaint define or describe, as thereof exclusively, adversely and in the
well as the character of the relief sought. concept of owner for more than thirty (30)
years. In fact Honorio Dacut has had this
Naval-Sai is seeking a relief for an annulment of the parcels of land rented by the Philippine
deed of sale, which is not an attack on the judgment Packing Corporation for more than twenty
or registration proceeding pursuant to which the years (20) up to the present time;
titles were decreed. It does not seek to set aside the 3) That recently, plaintiff discovered that
judgment of registration of titles nor does it seek to defendants, without the knowledge and
nullify the title by challenging the judgment or consent of the former, fraudulently
proceeding that decreed its issuance. The action is applied for patent the said parcels of land
in reality one for reconveyance, which is and as a result thereof certificates of titles
imprescriptible when based on a void contract. had been issued to them as evidenced by
certificate of title No. P-19819
Here, Naval-Sai does not only seek to annul the 4) That the patents issued to defendants are
purported deed of sale but also to cancel TCTs null and void, the same having been issued
No. T-62446 and No. 62447 in the name of the fraudulently, defendants not having been
petitioner. If the reliefs are granted and the and/or in actual possession of the litigated
TCTs are cancelled, the titles to the lots will properties and the statement they may have
revert to Naval-Sai as she was the previously made in their application are false and
registered owner. Thus, a ruling in favor of without basis in fact, and, the Department of
Naval-Sai would be equal to what an action for Environment and Natural Resources not
reconveyance seeks to accomplish. having any jurisdiction on the properties the
same not being anymore public but already
When the action for reconveyance is based on a private property;
void contract, as when there was no consent on 5) That in the remote possibility that said
the part of the alleged vendor, the action is certificates of title cannot be declared as null
imprescriptible. The property may be reconveyed and void, plaintiffs, being the absolute and
to the true owner, notwithstanding the TCTs already exclusive owners of the parcels of land titled
43

by the defendants, are entitled to ownership over the parcel of land in question even
reconveyance x x x x x before the grant of title to the defendant.
After the hearing, or on 3 December 1996 the trial It is an action for reconveyance
court dismissed the complaint on the ground that We rule that private respondents have
the cause of action of private respondents was truly sufficiently pleaded (in addition to the cause of
for reversion so that only the Director of Lands action for declaration of free patents and
could have filed the complaint, and that the certificates of title) an action for reconveyance,
certificate of non-forum shopping accompanying more specifically, one which is based on implied
the complaint did not comply with the standard trust. An implied trust arises where the defendant
form for such undertaking. (or in this case petitioners) allegedly acquires the
disputed property through mistake or fraud so that
ISSUE: he (or they) would be bound to hold and reconvey
At the core of the instant petition is the issue of the property for the benefit of the person who is
sufficiency of the complaint filed by private truly entitled to it. In the complaint, private
respondents. respondents clearly assert that they have long been
1) Does the complaint allege an action for the absolute and exclusive owners and in actual
reversion which private respondents would possession and cultivation of Lot 1015 and Lot 1017
have no right to file or institute? Or [NO] and that they were fraudulently deprived of
2) Does the complaint state a cause of action ownership thereof when petitioners obtained free
for declaration of nullity of the free patents patents and certificates of title in their names. These
and certificates of title for Lot 1015 and Lot allegations certainly measure up to the requisite
1017, [NO] statement of facts to constitute an action for
3) Or alternatively a cause of action for reconveyance.
reconveyance of these two lots? [YES]
4) Has the cause of action, if any, prescribed? The action has not prescribed; imprescriptible
[NO] We rule that neither the action for declaration of
nullity of free patents and certificates of title of
RULING: Lot 1015 and Lot 1017 nor the action for
Not an action for reversion reconveyance based on an implied trust of the
First. The test of the sufficiency of the facts to same lots has prescribed. We have ruled that "a
constitute a cause of action is whether admitting the free patent issued over private land is null and void,
facts alleged the court could render a valid judgment and produces no legal effects whatsoever. Quos
upon the same in accordance with the prayer of the nullum est, nullum producit effectum." Moreover, private
complaint. In answering this query, only the facts respondents’ claim of open, public, peaceful,
asserted in the complaint must be taken into continuous and adverse possession of the two (2)
account without modification although with parcels of land and its illegal inclusion in the free
reasonable inferences therefrom. patents of petitioners and in their original certificates
of title, also amounts to an action for quieting of title
Applying the test to the case at bar, we rule that the which is imprescriptible.
complaint does not allege an action for reversion
which private respondents would obviously The action for reconveyance based on implied trust,
have no right to initiate, but that it sufficiently on the other hand, prescribes only after ten (10)
states either a cause of action for declaration of years from 1990 and 1991 when the free patents and
nullity of free patents and certificates of title over the certificates of title over Lot 1017 and Lot 1015,
Lot 1015 and Lot 1017 or alternatively a cause of respectively, were registered. Obviously, the action
action for reconveyance of these two pieces of realty, had not prescribed when private respondents filed
wherein in either case private respondents are the their complaint against petitioners on 19 December
real parties in interest. 1995. At any rate, the action for reconveyance in
the case at bar is also significantly deemed to be
Not an action for cancellation an action to quiet title for purposes of
On the other hand, a cause of action for declaration determining the prescriptive period on account
of nullity of free patent and certificate of title would of private respondents’ allegations of actual
require allegations of the plaintiff’s ownership of possession of the disputed lots. In such a case,
the contested lot prior to the issuance of such the cause of action is truly imprescriptible.
free patent and certificate of title as well as the
defendant’s fraud or mistake; as the case may be, SUMMARY:
in successfully obtaining these documents of title Remedy sought of – Reconveyance
over the parcel of land claimed by plaintiff. In such Proper remedy – Reconveyance; quieting of title as
a case, the nullity arises strictly not from the fraud or to prescriptive period
deceit but from the fact that the land is beyond Reason: In the complaint, private respondents
the jurisdiction of the Bureau of Lands to clearly assert that they have long been the absolute
bestow and whatever patent or certificate of title and exclusive owners and in actual possession and
obtained therefor is consequently void ab initio. cultivation
The real party in interest is not the State but the
plaintiff who alleges a pre-existing right of QUIETING OF TITLE
44

Article 476 of the Civil Code. Whenever there is a entered into with B.C. Regalado, acquired.
cloud on title to real property or any interest therein, (DBT Mar-Bay Construction v. Panes)
by reason of any instrument, record, claim,
encumbrance or proceeding which is apparently SUMMARY:
valid or effective but is in truth and in fact invalid, Remedy sought of – Quieting of title
ineffective, voidable, or unenforceable, and may be Decision: Quieting of title cannot prosper. DBT is
prejudicial to said title, an action may be brought to an innocent purchaser in good faith
remove such cloud or to quiet the title.
ACTION FOR DAMAGES
An action may also be brought to prevent a cloud When an action for reconveyance is not feasible where
from being cast upon title to real property or any the property has already passed into the hands of an
interest therein. innocent purchaser for value, the remedy is that the
interested party can file an action for damages against
Quieting of title the persons responsible.
Is a common law remedy for the removal of any cloud
upon or doubt or uncertainty with respect to title to Period
real property. Within 10 years from the issuance of the questioned
certificate of title pursuant to Article 1144, Civil Code.
PD No. 1529 provides that no title to registered land
in derogation of that of the registered owner shall be
REVERSION
acquired by adverse possession. (DBT Mar-Bay
It is an action that seeks to restore public land
Construction v. Panes)
fraudulently awarded and disposed of to private
Requisites individuals or corporations to the mass of public
1) there is a cloud on title to real property or any domain.
interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding Its objective is the cancellation of the certificate of title
(PRICE) and the resulting reversion of the land covered by the
2) The cloud is apparently valid or effective but is title to the State. This is why an action for reversion is
in truth and in fact invalid, ineffective, oftentimes designated as an annulment suit or a
voidable, or unenforceable cancellation suit. This is instituted by the government
3) It is prejudicial to the title (Green Acres v. through the Solicitor General. This is rooted in the
Cabaral) Regalian doctrine.
Quieting of title Reconveyance When reversion not applicable

Action in rem Action in personam 1) An action for cancellation, not reversion, is
proper where private land had been
Period subsequently titled, and the party plaintiff in
1) If in possession – imprescriptible this case is the prior rightful owner of the
2) If not in possession – 10 years (Art 1144) property
 The real party in interest is not the State
Moreover, it may be stressed that there was no ample but the plaintiff who alleges a pre-
proof that DBT participated in the alleged fraud. In existing right of ownership over the
this regard, we reviewed the records of this case and disputed land.
found no clear evidence that DBT participated in the 2) Escheat proceedings may be instituted as a
fraudulent scheme. consequence of a violation of the Constitution
which prohibits transfers of private agricultural
Torrens system is not a mode of acquiring title, but lands to aliens
merely a system of registration of titles to lands.
Justice and equity demand that the titleholder Reversion Reconveyance
should not be made to bear the unfavorable Instituted by the Instituted by the one
effect of the mistake or negligence of the State's government through the who has a better right
agents. Otherwise, the integrity of the Torrens OSG
system would forever be sullied by the ineptitude The land reverts back to Respects the
and inefficiency of land registration officials, who the State indefeasibility of the title
are presumed to have performed their duties. Thus, but seeks to transfer or
where innocent third persons, relying on the reconvey the property to
correctness of the certificate of title thus issued, him.
acquire rights over the property, the court
Does not prescribe but [1] Fraud – within 4 years
cannot disregard those rights and order the
may be barred from discovery [2]
cancellation of the certificate. We accord the
exceptionally by laches Implied trust – not later
same benefit to DBT in this case. To add, DBT
than 10 years
is an innocent purchaser for value and good
faith which, through a dacion en pago duly
45

Who has authority has to be upheld because it is already barred by

The Director of Lands has a continuing authority to laches.
conduct investigation, from time to time, to determine
whether or not public land has been fraudulently While it may be true that estoppel does not operate
awarded or titled to the end that the corresponding against the state or its agents, however, Equitable
certificate of title be cancelled and the land reverted to estoppel may be invoked against public
the public domain. authorities when as in this case, the lot was
already alienated to innocent buyers for value
and the government did not undertake any act
The fact that the title sought to be cancelled has, to contest the title for an unreasonable length of
technically speaking, become indefeasible is not a time.
hindrance to said investigation. For the government
is not estopped by the error or mistake of its In this petition, the LRA, issued Decree No. N-
agents, nor barred by prescription. 150912 in favor of Fermina Castro and OCT No.
10215 was issued by the Rizal Registrar of Deeds.
Grounds OCT No. 10215 does not show any annotation, lien,
1) In all cases where lands of the public domain or encumbrance on its face. Relying on the clean
and the improvements thereon and all lands are title, Yujuico bought the same in good faith and for
held in violation of the Constitution. value from her. There is no allegation that Yujuico
2) Section 24 of the Public Land Act (CA 141) was a buyer in bad faith, nor did he acquire the land
fraudulently. He thus had the protection of the
 Sec 118 - Lands under free or
Torrens System that every subsequent purchaser of
homestead patent registered land taking a certificate of title for value
 Sec 120 - Conveyances and and in good faith shall hold the same free from all
encumbrances made by persons encumbrances except those noted on the certificate
belonging to the so-called ‘non- and any of the encumbrances which may be
Christian tribes’ subsisting. The same legal shield redounds to his
 Sec 121 – Acquisition of corporation, successors-in-interest, the Yujuicos and Carpio,
association, or partnership of land more particularly the latter since Carpio bought the
granted under the free patent, lot from Jesus Y. Yujuico for value and in good faith
homestead or individual sale (Yujuico v. Republic)
 Sec 122 – Encumbrance, alienation,
transfer CANCELLATION OF TITLE
 Sec 123 - Land originally acquired in When one of the two titles is held to be superior over
any manner under the provisions of the other, one should be declared null and void and
any previous Act, ordinance, royal ordered cancelled. If a party is adjudged to be the
order, royal decree, or any other owner, pursuant to a valid certificate of title, said party
provision of law is entitled to the possession of the land covered by the
title.
State not barred by res judicata
The certificate of title issued pursuant to a void patent Cancellation of title Reversion
may be ordered cancelled and the land reverted to the Initiated by a private Filed by the government,
property usually in a case through the Solicitor
State through an action for reversion filed by the
where there are two titles General
Solicitor General.
issued to different
persons for the same lot
State not barred by estoppel The land is declared as The land “revert” to the
It is a well-settled rule in our jurisdiction that the lawfully belonging to the mass of the public
Republic or its government is usually not estopped by party whose certificate of domain
mistake or error on the part of its officials or agents. title is held superior over
Consequently, the State may still seek the cancellation the other.
of the title issued pursuant to Section 101 of the Public
Land Act. Such title has not become indefeasible, for Cancellation of title Reconveyance
prescription cannot be invoked against the State. There are two titles There is only one title
issued to different issued and the
The Republic misfiled the reversion suit with the persons for the same lot registration is upheld as
Parañaque RTC. It should have been filed with the indefeasible
CA as required by Rule 47 to handle annulment of
judgments of RTCs. The reversion case should be Principle
dismissed for lack of jurisdiction on the part of the Where two certificates of title are issued to different
Parañaque RTC. persons covering the same land in whole or in part:
1) The earlier in date must prevail as between
Furthermore, the dismissal of the case under Rule 47 the original parties; and
of the 1997 Rules of Civil Procedure, nevertheless
46

2) In case of successive registration where proceedings, the law, while holding registered titles
more than one certificate is issued over the indefeasible, allows redress calculated to prevent one
land, the person holding the prior certificate from enriching himself at the expense of other.
is entitled to the land as against the person
who relies on the second certificate. Statutory basis
Section 95. Action for compensation from funds. A
In such a case, the nullity arises strictly not from the person who, without negligence on his part, sustains
fraud or deceit but from the fact that the land is beyond loss or damage, or is deprived of land or any estate
the jurisdiction of the Bureau of Lands to bestow and or interest therein in consequence of the bringing of
whatever patent or certificate of title obtained therefor the land under the operation of the Torrens system
is consequently void ab initio. (Heirs of Kionisala v. of arising after original registration of land, through
Dacut) 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
Ground book, and who by the provisions of this Decree is
An action for the cancellation of title issued is barred or otherwise precluded under the provision
instituted on the ground that they are null and void of any law from bringing an action for the recovery
because the Bureau of Lands had no jurisdiction of such land or the estate or interest therein, may
to issue them at all bring an action in any court of competent
jurisdiction for the recovery of damages to be paid
out of the Assurance Fund.
Declaration Action for Action for
of nullity of reversion reconveyance Public policy also dictates that those unjustly deprived
free patents of their rights over real property by reason of the
and operation of our registration laws be afforded
certificates remedies.
of title
Would The pertinent The free patent Recovery of damages Action for damages
require allegations in theand the from the Assurance
allegations of complaint certificate of Fund
the plaintiff’s would admit title are PD 1529 Civil Code
ownership of State ownership respected as
the contested of the disputed incontrovertible.
Requisites
lot prior to land. What is sought
1) that a person sustains loss or damage, or is
the issuance instead is the
of such free transfer of the deprived of any estate or interest in land;
patent and property, in this 2) on account of the bringing of land under the
certificate of case the title operation of the Torrens system arising after
title as well as thereof, which original registration;
the has been 3) through fraud, error, omission, mistake or
defendant’s wrongfully or misdescription in any certificate of title or in
fraud or erroneously any entry or memorandum in the registration
mistake registered in the book;
defendant’s 4) without negligence on his part; and
name. 5) is barred or precluded from bringing an action
The real party The real party in The real party in for the recovery of such land or estate or
in interest is interest is the interest is the
interest therein
not the State State one who has a
but the better right who
plaintiff who alleges that Section 101 of P.D. No. 1529 clearly provides that
alleges a pre- 1) He is the the Assurance Fund shall not be liable for any
existing right owner of the loss, damage or deprivation of any right or
of ownership land interest in land which may have been caused by
over the 2) He has been a breach of trust, whether express, implied or
parcel of land illegally constructive. Even assuming arguendo that they are
in question dispossessed entitled to claim against the Assurance Fund, the
even before such respondents’ claim has already prescribed since any
the grant of action for compensation against the Assurance Fund
title to the must be brought within a period of six (6) years from
defendant. the time the right to bring such action first occurred,
which in this case was in 1967. (Guaranteed
RECOVERY OF DAMAGES FROM THE Homes v. Valdez)
ASSURANCE FUND
It is an action against the Treasurer of the Philippines
for recovery of damage. Through these remedial
47

ANNULMENT OF JUDGMENTS OR FINAL stating that the decision has not been amended,
ORDERS AND RESOLUTIONS reconsidered, nor appealed, and has become final.
Rule 47 of the Rules of Court governs the annulment Thereupon, the Commissioner shall cause to be
by the Court of Appeals of judgments or final orders prepared the decree of registration as well as the
and resolutions in civil actions of Regional Trial Courts original and duplicate of the corresponding original
for which the ordinary remedies of new trial, appeal, certificate of title. The original certificate of title
petition for relief or other appropriate remedies are no shall be a true copy of the decree of registration.
The decree of registration shall be signed by the
longer available through no fault of the petitioner.
Commissioner, entered and filed in the Land
Registration Commission. The original of the
Grounds for annulment original certificate of title shall also be signed by the
1) Extrinsic fraud if motion for new trial or Commissioner and shall be sent, together with the
petition for relief are not available owner's duplicate certificate, to the Register of
2) Lack of jurisdiction Deeds of the city or province where the property
is situated for entry in his registration book.
Effect of judgment
1) A judgment of annulment shall set aside the Section 40. Entry of Original Certificate of Title. Upon
questioned judgment or final order or receipt by the Register of Deeds of the original
resolution and render the same null and void, and duplicate copies of the original certificate of
without prejudice to the original action being title the same shall be entered in his record book
and shall be numbered, dated, signed and sealed by
refiled in the proper court.
the Register of Deeds with the seal of his office. Said
2) Where the judgment or final order or
certificate of title shall take effect upon the date of
resolution is set aside on the ground of entry thereof. The Register of Deeds shall forthwith
extrinsic fraud, the court may on motion order send notice by mail to the registered owner that his
the trial court to try the case as if a timely owner's duplicate is ready for delivery to him upon
motion for new trial had been granted therein. payment of legal fees.
CRIMINAL PROSECUTION Section 41. Owner's duplicate certificate of title. The

 The State may criminally prosecute for perjury owner's duplicate certificate of title shall be delivered
the party who obtains registration through to the registered owner or to his duly authorized
fraud, such as by stating false assertions in the representative. If two or more persons are registered
owners, one owner's duplicate certificate may be
1) application for registration,
issued for the whole land, or if the co-owners so
2) sworn answer required of applicants in
desire, a separate duplicate may be issued to each of
cadastral proceedings, or them in like form, but all outstanding certificates
3) application for public land patent. of title so issued shall be surrendered whenever
the Register of Deeds shall register any
Rationale subsequent voluntary transaction affecting the
This is rightly so, for to give immunity from whole land or part thereof or any interest
prosecution to those successful in deceiving the therein. The Register of Deeds shall note on each
registration court or administrative agency would, in certificate of title a statement as to whom a copy
effect, be putting a premium on perjury. It is the policy thereof was issued.
of the law that judicial proceedings and judgments shall
be fair and free from fraud, and that litigants and Section 42. Registration Books. The original copy of
parties be encouraged to tell the truth, and that they be the original certificate of title shall be filed in the
Registry of Deeds. The same shall be bound in
punished if they do not.
consecutive order together with similar certificates
of title and shall constitute the registration book
Nature of the prosecution for titled properties.
The prosecution for falsification or perjury is a
proceeding in personam which inquires into the criminal Section 43. Transfer Certificate of Title. The subsequent
liability of the accused. certificate of title that may be issued by the Register
of Deeds pursuant to any voluntary or involuntary
CERTIFICATE OF TITLE instrument relating to the same land shall be in like
Section 39. Preparation of decree and Certificate of Title. form, entitled "Transfer Certificate of Title", and
After the judgment directing the registration of title likewise issued in duplicate. The certificate shall
to land has become final, the court shall, within show the number of the next previous certificate
fifteen days from entry of judgment, issue an covering the same land and also the fact that it was
order directing the Commissioner to issue the originally registered, giving the record number, the
corresponding decree of registration and certificate number of the original certificate of title, and the
of title. The clerk of court shall send, within fifteen volume and page of the registration book in which
days from entry of judgment, certified copies of the latter is found.
the judgment and of the order of the court directing
the Commissioner to issue the corresponding decree Section 44. Statutory liens affecting title. Every
of registration and certificate of title, and a certificate registered owner receiving a certificate of title in
48

pursuance of a decree of registration, and every 1) Final judgment of the court adjudicating the
subsequent purchaser of registered land taking a land as private property (FINAL
certificate of title for value and in good faith, shall JUDGMENT)
hold the same free from all encumbrances 2) The court shall, within fifteen days from
except those noted in said certificate and any of entry of judgment, issue an order directing
the following encumbrances which may be the Commissioner to issue the corresponding
subsisting, namely: decree of registration and certificate of title.
(COURT ORDER)
First. Liens, claims or rights arising or existing
under the laws and Constitution of the Philippines 3) The clerk of court shall send, within fifteen
which are not by law required to appear of record days from entry of judgment, certified copies
in the Registry of Deeds in order to be valid of the judgment and of the order of the court
against subsequent purchasers or directing the Commissioner to issue the
encumbrancers of record. corresponding decree of registration and
certificate of title, and a certificate stating that
Second. Unpaid real estate taxes levied and the decision has not been amended,
assessed within two years immediately preceding the reconsidered, nor appealed, and has
acquisition of any right over the land by an innocent become final. (SENDING OF
purchaser for value, without prejudice to the right of CERTIFIED COPIES)
the government to collect taxes payable before that 4) Commissioner shall cause to be prepared the
period from the delinquent taxpayer alone.
decree of registration as well as the original
and duplicate of the corresponding original
Third. Any public highway or private way
established or recognized by law, or any government certificate of title. (DECREE OF
irrigation canal or lateral thereof, if the certificate of REGISTRATION)
title does not state that the boundaries of such  Decree of registration – signed by the
highway or irrigation canal or lateral thereof Commissioner, entered and filed in the
have been determined. Land Registration Commission.
 Original certificate of title - true copy
Fourth. Any disposition of the property or of the decree of registration, transcript
limitation on the use thereof by virtue of, or of the decree; signed by the
pursuant to, Presidential Decree No. 27 or any other Commissioner, entered and filed in the
law or regulations on agrarian reform. Land Registration Commission.
5) The original of the original certificate of title
Section 45. Statement of personal circumstances in the
certificate. Every certificate of title shall set forth the shall also be signed by the Commissioner and
full names of all persons whose interests make shall be sent, together with the owner's
up the full ownership in the whole land, including duplicate certificate, to the Register of Deeds
their civil status, and the names of their respective of the city or province where the property is
spouses, if married, as well as their citizenship, situated for entry in his registration book.
residence and postal address. If the property (OCT)
covered belongs to the conjugal partnership, it 6) Upon receipt by the Register of Deeds of the
shall be issued in the names of both spouses. original and duplicate copies of the original
certificate of title the same shall be entered in
Section 46. General incidents of registered land. his record book (ENTRY IN RECORD
Registered land shall be subject to such burdens and BOOK)
incidents as may arise by operation of law. Nothing
 numbered, dated, signed and sealed by
contained in this decree shall in any way be
the Register of Deeds with the seal of
construed to relieve registered land or the owners
thereof from any rights incident to the relation of his office
husband and wife, landlord and tenant, or from  effectivity - take effect upon the date
liability to attachment or levy on execution, or from of entry thereof.
liability to any lien of any description established by 7) The Register of Deeds shall forthwith send
law on the land and the buildings thereon, or on the notice by mail to the registered owner that his
interest of the owner in such land or buildings, or to owner's duplicate is ready for delivery to him
change the laws of descent, or the rights of partition upon payment of legal fees. (NOTICE BY
between co-owners, or the right to take the same by MAIL)
eminent domain, or to relieve such land from liability 8) The owner's duplicate certificate of title shall
to be recovered by an assignee in insolvency or be delivered to the registered owner or to his
trustee in bankcruptcy under the laws relative to duly authorized representative. (DELIVERY)
preferences, or to change or affect in any way other
rights or liabilities created by law and applicable to
unregistered land, except as otherwise provided in Registration attaches to the mere making of the
this Decree. entry: the instrument subject of a primary entry
"... shall be regarded as registered from the time
so noted ...,"(Section 56).
Preparation of a decree and certificate of title
49

the name of the true owner to the forger, and

This is without regard to the subsequent step of while it remained that way, the land was
annotating a memorandum of the instrument on the subsequently sold to an innocent purchaser. For
certificate of title to which it refers. then, the vendee had the right to rely upon what
appeared in the certificate. (Guaranteed Homes
At the very least, it gives such entry from the v. Valdez)
moment of its making the effect of putting the whole
world on notice of the existence the instrument on
entered. Character of a certificate of title
1) The certificate, once issued, is the evidence of
Whether the transaction entered is a voluntary the title which the owner has.
or an involuntary one, entry alone produces the 2) What appears on the face of the title is
effect of registration, so long as the registrant has
controlling on questions of ownership since
complied with all that is required of him for
purposes of entry and annotation, and nothing more the certificate of title is an absolute and
remains to be done but a duty incumbent solely on indefeasible evidence of ownership of the
the register of deeds. property in favor of the person whose name
appears therein.
Therefore, without necessarily holding that 3) Mere possession of a certificate of title is not
annotation of a primary entry on the original of the conclusive as to the holder’s true ownership
certificate of title may be deferred indefinitely of all the property described therein. The
without prejudice to the legal effect of said entry, in certificate of title accumulates, in one
the particular situation here obtaining, annotation of document, a precise and correct statement of
the disputed entry on the reconstituted originals of the exact status of the fee simple title, which
the certificates of title to which it refers is entirely the owner has.
proper and justified.
4) The title becomes indefeasible and
incontrovertible one year from its final decree.
To hold said entry "ineffective," as does the
appealed resolution, amounts to declaring that it did It is generally a conclusive evidence of the
not, and does not, protect the registrant (DBP) from ownership of the land referred to therein.
claims arising, or transactions made, thereafter 5) The certificate cannot be altered, changed,
which are adverse to or in derogation of the rights modified, enlarged or diminished, except to
created or conveyed by the transaction thus entered. correct errors, in some direct proceedings
(DBP v. Acting Registrar) permitted by law
6) The notations or memoranda on the back of
The purchaser is not bound by the original certificate the certificate of title are not admissible as
but only by the certificate of title of the person from proof of the contents of the documents to
whom he had purchased the property. If there is which they refer, inasmuch as they do not form
nothing in the certificate of title to indicate any cloud part of the contents of the decree of
or vice in the ownership of the property, or any registration.
encumbrance thereon, the purchaser is not required
to explore farther than what the Torrens title upon
Probative value of a certificate of title
its face indicates in quest for any hidden defect or
inchoate right that may subsequently defeat his right A certificate of title serves as an indefeasible title to the
thereto. property in favor of the person whose name appears
therein, and is conclusive as to the
In this case, the TCT in favor of petitioners were 1) identity of the land and
duly registered while the OCT in favor of 2) also its location
respondent’s predecessors were cancelled. The lack
of signature by the Register of Deeds in the TCT in Nature of registration
favor of Cipriano does not invalidate such since the Registration does not give any person a better title than
Register of Deeds also signed the TCT in favor of what he really has.
Spouses Rodolfo on the same day.
Title issued pursuant to a public land patent
Even if the extrajudicial settlement of property was A certificate of title issued pursuant to a public land
a forgery, it can still be a source of a valid title if such
patent, like a homestead or free patent, is as
was conveyed to an innocent purchaser.
indefeasible as a certificate of title issued pursuant
Even assuming arguendo that the extrajudicial to judicial registration proceedings, provided the
settlement was a forgery, the Court still has to land covered by said certificate is a
uphold the title of petitioner. The case law is that 1) disposable public land and
although generally a forged or fraudulent deed is a 2) becomes indefeasible and incontrovertible
nullity and conveys no title, there are instances when upon the expiration of one year from the date
such a fraudulent document may become the root of of the issuance thereof
a valid title. And one such instance is where the
certificate of title was already transferred from
50

Rule on incontrovertibility of a certificate of title 2) If two or more persons are the registered
GR: After entry of the decree, the rule on owners, one owner’s duplicate may be issued
incontrovertibility of a certificate of title applies. for the whole land
The Director of Lands, being a public officer, has in 3) In a co-ownership, if the co-owners so desire,
his favor the presumption of regularity in issuing the a separate duplicate may be issued to each of
patent. them in like form, but all outstanding
XPN: Does not apply where an action for the certificates of title so issued shall be
cancellation of a patent and a certificate of title issued surrendered whenever the Register of Deeds
pursuant thereto is instituted on the ground that they shall register any subsequent voluntary
are null and void because the Bureau of Lands had no transaction affecting the whole land or part
jurisdiction to issue them at all. thereof or any interest therein.
Entry In case of mortgagees/lessees

1) OCT - certificate of title issued for the first The present rule is that no mortgagee’s or lessee’s
time after initial registration proceedings duplicate certificate shall be issued by Registers of
2) TCT - any subsequent title issued pursuant to Deeds, and those issued prior to the effectivity of PD
any No. 1529 on June 11, 1978 are deemed cancelled and
 voluntary or the holders thereof shall surrender the same to the
 involuntary instrument affecting the Register of Deeds concerned.
property covered by the original
certificate of title Voluntary dealings Involuntary dealings
sale, mortgage, lease attachment, levy upon
Original certificate of title execution, lis pendens
1) It shall set forth the full names of all persons Entry in the day book entry thereof in the day
whose interests make up the ownership of the operates to convey the book is a sufficient
land, land sold if there is notice to all persons of
2) their civil status, and surrender of owner’s such adverse claim
duplicate of title and
3) names of their respective spouses, if married,
payment of registration
4) as well as their citizenship, fees within 15 days
5) residence and postal address.
6) If the property belongs to the conjugal Conjugal property
partnership, it shall be issued in the names of Important dates
both spouses. Date of transaction – to determine the governing law,
whether it is the Civil Code or the Family Code
Transfer certificate of title Date of marriage - only considered in determining the
1) shall show the number of the next previous property regime of the spouses (i.e., whether it is
certificate covering the same land and Conjugal Partnership of Gains or Absolute
2) also the fact that it was originally registered, Community of Property)
giving the record number, the number of the
original certificate of title, and the volume and Family Code Civil Code
page of the registration book in which it is On or after Aug 3, 1988
Before Aug 3, 1988
found Written consent Consent; express or
implied
Title Certificate of title The administrator is The administrator is the
Title to real property It is a mere evidence of both the husband and husband
refers to that upon ownership; it is not the the wife
which ownership is title to the land itself. Art 124 Art 166, 173, 207
based. It is the evidence Void Voidable
of the right of the owner
or the extent of his Articles Civil Code Family Code
interest, by which means CPOG 166, 173 124
he can maintain control ACOP 207 96
and, as a rule, assert right
to exclusive possession
and enjoyment of the Article 160 of the Civil Code which provides that
property. “All property of the marriage is presumed to
belong to the conjugal partnership, unless it be
proved that it pertains exclusively to the
Owner’s duplicate certificate
husband or to the wife.”
1) Shall be delivered to the registered owner or his
duly authorized representative. This provision must be construed in relation to
Articles 153 to 159 of the Civil Code which
enumerated the properties acquired during the
51

marriage that will constitute the conjugal  Rights incident to the relation of
partnership. husband and wife, and landlord and
tenant;
It was ruled, “the party who invokes this  Liability to attachment or levy on
presumption must first prove that the property in execution;
controversy was acquired during the marriage. In  Liability to any lien of any description
other words, proof of acquisition during coverture is
established by law on the land and the
a condition sine qua non for the operation of the
presumption in favor of conjugal partnership. buildings thereon, or on the interest of
the owner on such lands and buildings;
In this case, it was proven that Francisco exclusively  Rights incident to the laws of descent
owns the land. His first cousin testified that he or partition between co-owners;
acquired the properties from his parents long before  Taking of the property through
he got married. eminent domain;
 Right to relieve the land from liability
Also, her daughter testified that Franciso was “born to be recovered by an assignee in
and raised” in said property and that it was also insolvency or trustee in bankruptcy
shown that in a conference before the execution of under the laws relative to preferences;
the promissory note, Francisco assured the and
mortgagee that the property was “his separate
 Rights or liabilities created by law and
property”.
applicable to unregistered land.
Had the property been acquired by them during their
coverture, it would have been registered, in the name Liens
not of “Francisco Soriano, married to Tomasa A “lien” is a charge on property usually for the
Rodriguez” but of the spouses “Francisco Soriano payment of some debt or obligation. A “lien” is a
(Ponce De leon v. RFC) qualified right or a proprietary interest, which may
be exercised over the property of another. It is a
Statutory liens affecting title right which the law gives to have a debt satisfied out of
GR: Every registered owner receiving a particular thing. It signifies a legal claim or charge on
1) a certificate of title issued pursuant to a decree property, either real or personal, as a collateral or
of registration and security for the payment of some debt or obligation.
2) every subsequent purchaser of registered land
for value and in good faith Encumbrances
shall hold the same free from all encumbrances. An “encumbrance is a burden upon land, depreciative
XPNs: of its value, such as a lien, easement, or servitude,
1) those noted in the COT which, though adverse to the interest of the landowner,
2) encumbrances enumerated in the law does not conflict with his conveyance of the land in
 Liens, claims or rights existing or fee.”
arising under the laws or the
Constitution which are not by law On the matter of disposition of public lands
required to appear of record in the CA 141
Registry of Deeds; (SUPERIOR SECTION 91. The statements made in the
LIEN IN FAVOR OF THE application shall be considered as essential
GOVERNMENT) conditions and parts of any concession, title, or
 Unpaid real estate taxes levied and permit issued on the basis of such application, and
assessed within two years any false statements therein or omission of facts
immediately preceding the acquisition altering, changing, or modifying the consideration of
the facts set forth in such statements, and any
of any right over the land; (UNPAID
subsequent modification, alteration, or change of the
REAL ESTATE TAXES) material facts set forth in the application shall ipso
 Any public highway or private way facto produce the cancellation of the concession,
established or recognized by law, or title, or permit granted.
any government irrigation canal or
lateral thereof; (PUBLIC Section 47. Registered land not subject to prescriptions. No
HIGHWAY) title to registered land in derogation of the title of
 Any disposition of the property or the registered owner shall be acquired by
limitation on the use thereof by virtue prescription or adverse possession.
of PD No. 27 or any other law or
regulation on agrarian reform; Prescription and adverse possession can never militate
(TENANT EMANCIPATION against the right of a registered owner since a title, once
DECREE) registered, cannot be defeated even by adverse, open
and notorious possession. The statute of limitations is
52

merely a bar to a right of action and does not operate 1) Conduct on the part of the defendant, or of
as a transfer of title at all. one under whom he claims, giving rise to the
situation of which complaint is made for which
 Registered land cannot be acquired by the complainant seeks a remedy;
prescription or adverse possession. 2) Delay in asserting the complainant’s rights, the
 Prescription unavailing not only against the complainant having had knowledge or notice
registered owner but also his heirs of the defendant’s conduct and having been
 Registration of mortgage does not make action afforded an opportunity to institute a suit;
for foreclosure imprescriptible 3) Lack of knowledge or notice on the part of
 Registered owner may be barred from the defendant that the complainant would
recovering possession through laches. assert the right on which he bases his suit; and
- Under the Property Registration Decree, no 4) Injury or prejudice to the defendant in the
title to registered land in derogation of the title event relief is accorded to the complainant, or
of the registered owner shall be acquired by the suit is not held to be barred.
prescription or adverse possession. The same
is not true with regard to laches. The principle of laches is a creation of equity. It is
applied, not really to penalize neglect or sleeping
Laches - the failure or neglect, for an unreasonable upon one’s right, but rather to avoid recognizing
and unexplained length of time, to do that which by a right when to do so would result in a clearly
exercising due diligence could or should have been inequitable situation. (De la Calzada-Cierras v.
done earlier; it is negligence or omission to assert a Court of Appeals)
right within a reasonable time, warranting a
The long and continued possession of
presumption that the party entitled to assert it either
petitioners under a valid claim of title cannot be
has abandoned it or declined to assert it.
defeated by the claim of a registered owner whose
title is defective from the beginning. Moreover, the
Comparison between Laches and Prescription failure of private respondents to assert their claim
LACHES PRESCRIPTION over the disputed property for almost thirty years
Addressed to the sound The law gives the constitutes laches and bars an action to recover
discretion of the Court period within which to the same. The registered owners’ right to recover
enforce a claim or file possession of the property and title thereto from
an action in court petitioners has, by long inaction or inexcusable
What is invoked is the The court determines neglect, been converted into a stale demand (Agne
equity jurisdiction of the claimant's intent to v. Director of Lands)
the court assert its claim by
simply measuring the Considering that petitioner and his predecessor or
time elapsed from the predecessors have been in continuous possession in
proper reckoning the concept of an owner, for almost fifty (50) years
point (e.g., the date of (from August 15, 1919, when the property was
the written contract) to registered, up to February, 1966, when the private
the filing of the action respondents caused the placement of two (2)
or assertion of the monuments inside his land), the latter if they have
claim. any right at all to the overlapped portion, are guilty
The action must be The action must be filed of laches.
within a reasonable within the prescriptive
time period. The said lands, having been surveyed and thereafter
Concerned with the Concerned with the registered, it follows that monuments were placed
effect of unreasonable fact of delay therein to indicate their respective boundaries. It is
delay hardly persuasive that private respondents'
Not statutory Statutory predecessor, Dominga Balanga, believing that she
Applies in equity Applies at law (Paras) has a rightful claim to the overlapped portions, did
Sleeping on one’s right, Based on lapse of time not make any move to question the placement of the
when he should have monuments.
acted upon it
The defense of laches is Concerned with title She could have easily objected to the placement and
an equitable one and (No title to registered pointed out that the placement of the monuments
does not concern itself land in derogation of excluded the overlapped portions from her property.
with the character of the title of the registered However, no such objection was made.
the defendant’s title owner shall be acquired
by prescription or These facts could only be construed to mean that
adverse possession. private respondents' predecessor, Dominga Balanga,
never believed that she has a right and legal claim to
Elements of laches (Go Chi Gun. v. Co Cho) the overlapped portion. There appears to be no
evidence to support claims of repeated demands
53

against petitioner to refrain from cultivating the Unfortunately for the petitioner, we cannot do so in
contested portion, much less an action filed in court the present action which is simply for recovery of
to enforce such demands. (Golloy v. CA) possession.
Section 48. Certificate not subject to collateral attack. A As the registered owner is entitled to the possession
certificate of title shall not be subject to collateral of the property from the time the title thereof was
attack. It cannot be altered, modified, or canceled issued in her favor, and preponderance of evidence
except in a direct proceeding in accordance with law. being in favor of respondent, there can be no other
conclusion but that respondent should be placed in
Attack possession thereof. All told, the CA committed no
An action is deemed an attack on a title when the object reversible error in rendering the assailed Decision.
of the action or proceeding is to nullify the title, and (Catores v. Afidchao)
thus challenge the judgment pursuant to which the title
was decreed Section 49. Splitting, or consolidation of titles. A
registered owner of several distinct parcels of land
embraced in and covered by a certificate of title
Direct attack Collateral attack desiring in lieu thereof separate certificates, each
object of the action is to in an action to obtain a containing one or more parcels, may file a written
annul or set aside such different relief, an attack request for that purpose with the Register of
judgment, or enjoin its on the judgment is Deeds concerned, and the latter, upon the
enforcement nevertheless made as an surrender of the owner's duplicate, shall cancel
incident thereof. it together with its original and issue in lieu
May be made in a thereof separate certificates as desired. A
counterclaim or third registered owner of several distinct parcels of land
party complaint covered by separate certificates of title desiring to
have in lieu thereof a single certificate for the whole
A homestead patent issued under the Public Land land, or several certificates for the different parcels
Act and registered in conformity with the provisions thereof, may also file a written request with the
of Section 122 of Act No. 496 (Sec. 103, PD No. Register of Deeds concerned, and the latter, upon
1529) becomes irrevocable and enjoys the same the surrender of the owner's duplicates, shall cancel
privileges as a Torrens title issued under Act No. them together with their originals, and issue in lieu
496. The decree cannot be collaterally attacked thereof one or separate certificates as desired.
by any person claiming title to, or interest in, the
land prior to the registration proceedings Section 50. Subdivision and consolidation plans. Any
(Samonte v. Sambilon) owner subdividing a tract of registered land into lots
which do not constitute a subdivision project
The issue as to whether or not an alien is qualified to has defined and provided for under P.D. No.
acquire land covered by a Torrens title can only be 957, shall file with the Commissioner of Land
raised in an action expressly instituted for that Registration or with the Bureau of Lands a
purpose. (Director of Lands v. Gan Tan) subdivision plan of such land on which all
boundaries, streets, passageways and waterways, if
The rectification of the title may be made only any, shall be distinctly and accurately delineated.
through a proper action filed for that purpose. It
should be borne in mind that Section 48 of No. If a subdivision plan, be it simple or complex, duly
1529, provides that a certificate of title shall not be approved by the Commissioner of Land Registration
subject to collateral attack. It cannot be altered, or the Bureau of Lands together with the approved
modified, or cancelled except in a direct proceeding technical descriptions and the corresponding
filed in accordance with law. owner's duplicate certificate of title is presented for
registration, the Register of Deeds shall, without
In the action for recovery filed by respondent in the requiring further court approval of said plan, register
trial court, petitioner's Answer did not directly the same in accordance with the provisions of the
impugn the validity of respondent's title. Rather, she Land Registration Act, as amended: Provided,
alleged that the area which she occupied was not however, that the Register of Deeds shall annotate
within the titled property of respondent. Thus, her on the new certificate of title covering the street,
petition in the instant case is replete with claims of passageway or open space, a memorandum to the
errors in the technical description as appearing in the effect that except by way of donation in favor of the
title of respondent and even in that of her national government, province, city or municipality,
predecessors-in-interest. no portion of any street, passageway, waterway or
open space so delineated on the plan shall be closed
However, these allegations constitute a collateral or otherwise disposed of by the registered owner
attack against respondent's title, which cannot be without the approval of the Court of First Instance
allowed in an accion publiciana. In sum, the defenses of the province or city in which the land is situated.
and grounds raised by petitioner ascribe errors in
respondent's title that would require a review of the A registered owner desiring to consolidate several
registration decree made in respondent's favor. lots into one or more, requiring new technical
descriptions, shall file with the Land Registration
54

Commission, a consolidation plan on which shall be If the land has been subdivided into several lots,
shown the lots to be affected, as they were before, designated by numbers or letters, the Register of
and as they will appear after the consolidation. Upon Deeds, if requested by the grantor, may, instead of
the surrender of the owner's duplicate certificates canceling his certificate of title, simply issue in his
and the receipt of consolidation plan duty approved name a new certificate of title for the remaining
by the Commission, the Register of Deeds unconveyed lots, enter on said certificate and on the
concerned shall cancel the corresponding certificates owner’s duplicate a memorandum as to the fact of
of title and issue a new one for the consolidated lots. conveyance of a portion of the land, the issuance to the
grantee of a transfer certificate of title for said portion,
The Commission may not order or cause any and the cancellation of the grantor’s certificate insofar
change, modification, or amendment in the contents as said portion is concerned.
of any certificate of title, or of any decree or plan,
including the technical description therein, covering CHAPTER V
any real property registered under the Torrens SUBSEQUENT REGISTRATION
system, nor order the cancellation of the said
certificate of title and the issuance of a new one I
which would result in the enlargement of the area VOLUNTARY DEALINGS WITH REGISTERED
covered by the certificate of title. LANDS
Procedure where only portions of the land are
GENERAL PROVISIONS
conveyed
The Register of Deeds shall Section 51. Conveyance and other dealings by registered
1. Not issue any transfer certificate of title to the owner. An owner of registered land may convey,
grantee until a plan of such land showing the mortgage, lease, charge or otherwise deal with the
portion or portions into which it has been same in accordance with existing laws. He may use
subdivided and the corresponding technical such forms of deeds, mortgages, leases or other
descriptions shall have been verified and voluntary instruments as are sufficient in law. But no
approved pursuant to Section 50 of PD No. deed, mortgage, lease, or other voluntary
1529. instrument, except a will purporting to convey
 However, the deed of conveyance may or affect registered land shall take effect as a
in the meantime be annotated by conveyance or bind the land, but shall operate
way of memorandum on the only as a contract between the parties and as
grantor’s certificate of title, which evidence of authority to the Register of Deeds to
shall serve as a notice to third persons make registration.
of the fact of conveyance. The effect of
such memorandum is to show and The act of registration shall be the operative act
recognize the grantee’s title to the to convey or affect the land insofar as third
portion thus conveyed pending actual persons are concerned, and in all cases under this
issuance to him of the corresponding Decree, the registration shall be made in the office
transfer certificate of title. of the Register of Deeds for the province or city
where the land lies.
2. Upon approval of the plan and the technical
descriptions of the specific portions into Section 52. Constructive notice upon registration. Every
which the land has been subdivided, the same conveyance, mortgage, lease, lien, attachment, order,
shall be filed with the office of the Register of judgment, instrument or entry affecting registered
Deeds for annotation on the corresponding land shall, if registered, filed or entered in the office
certificate of title. of the Register of Deeds for the province or city
3. The Register of Deeds shall issue a new where the land to which it relates lies, be
transfer certificate of title to the grantee for constructive notice to all persons from the time
the portion conveyed to him upon cancellation of such registering, filing or entering.
of the grantor’s certificate as to said portion.
 if the grantor so desires, his certificate Section 53. Presentation of owner's duplicate upon entry of
of title may be cancelled totally and a new certificate. No voluntary instrument shall be
new one issued to him for the registered by the Register of Deeds, unless the
remaining portion of the land. owner's duplicate certificate is presented with
such instrument, except in cases expressly
Rule pending approval of plan provided for in this Decree or upon order of the
GR: Pending approval of the plan, no further court, for cause shown.
registration or any annotation of any deed or
voluntary instrument affecting the unsegregated The production of the owner's duplicate certificate,
portion shall be made by the Register of Deeds, whenever any voluntary instrument is presented for
XPN: where such portion was purchased from the registration, shall be conclusive authority from the
government or any of its instrumentalities. registered owner to the Register of Deeds to enter a
new certificate or to make a memorandum of
Rule when land is subdivided into several lots registration in accordance with such instrument, and
55

the new certificate or memorandum shall be binding a preliminary process in registration, note in such
upon the registered owner and upon all persons book the date, hour and minute of reception of all
claiming under him, in favor of every purchaser for instruments, in the order in which they were
value and in good faith. received. They shall be regarded as registered
from the time so noted, and the memorandum
In all cases of registration procured by fraud, the of each instrument, when made on the
owner may pursue all his legal and equitable certificate of title to which it refers, shall bear the
remedies against the parties to such fraud same date: Provided, that the national government
without prejudice, however, to the rights of any as well as the provincial and city governments shall
innocent holder for value of a certificate of title. be exempt from the payment of such fees in advance
After the entry of the decree of registration on the in order to be entitled to entry and registration.
original petition or application, any subsequent
registration procured by the presentation of a forged Every deed or other instrument, whether voluntary
duplicate certificate of title, or a forged deed or other or involuntary, so filed with the Register of Deeds
instrument, shall be null and void. shall be numbered and indexed and endorsed with a
reference to the proper certificate of title. All records
Section 54. Dealings less than ownership, how registered. and papers relative to registered land in the office of
No new certificate shall be entered or issued the Register of Deeds shall be open to the public in
pursuant to any instrument which does not divest the same manner as court records, subject to such
the ownership or title from the owner or from the reasonable regulations as the Register of Deeds,
transferee of the registered owners. All interests in under the direction of the Commissioner of Land
registered land less than ownership shall be Registration, may prescribe.
registered by filing with the Register of Deeds the
instrument which creates or transfers or claims such All deeds and voluntary instruments shall be
interests and by a brief memorandum thereof made presented with their respective copies and shall
by the Register of Deeds upon the certificate of title, be attested and sealed by the Register of Deeds,
and signed by him. A similar memorandum shall also endorsed with the file number, and copies may be
be made on the owner's duplicate. The cancellation delivered to the person presenting them.
or extinguishment of such interests shall be
registered in the same manner. Certified copies of all instruments filed and
registered may also be obtained from the Register of
Section 55. Grantee's name, nationality, etc., to be stated. Deeds upon payment of the prescribed fees.
Every deed or other voluntary instrument presented
for registration shall contain or have endorsed upon A deed or other voluntary instrument involving
it the full name, nationality, residence and postal registered land shall not take effect as a conveyance or
address of the grantee or other person acquiring or bind the land but shall operate only as a contract
claiming an interest under such instrument, and between the parties and as evidence of authority of the
every deed shall also state whether the grantee is Register of Deeds to make registration. The act of
married or unmarried, and if married, the name in
registration shall be the operative act to convey or
full of the husband or wife. If the grantee is a
corporation or association, the instrument must affect the land insofar as third persons are concerned.
contain a recital to show that such corporation or It is the act of registration which creates a constructive
association is legally qualified to acquire private notice to the whole world and binds third persons.
lands. Any change in the residence or postal address
of such person shall be endorsed by the Register of "when a mortgagee relies upon a Torrens title and
Deeds on the original copy of the corresponding lends money in all good faith on the basis of the title
certificate of title, upon receiving a sworn statement standing in the name of the mortgagor, only to
of such change. All names and addresses shall also discover one defendant to be an alleged forger and
be entered on all certificates. the other defendant to have by his negligence or
acquiescence made it possible for fraud to transpire,
Notices and processed issued in relation to as between two innocent persons, the mortgagee and
registered land in pursuance of this Decree may be one of the mortgagors, the latter [MORTGAGOR]
served upon any person in interest by mailing the who made the fraud possible by his act of
same to the addresses given, and shall be binding, confidence must bear the loss."
whether such person resides within or without the
Philippines, but the court may, in its discretion, Pangilinan was engaged in the real estate business for
require further or other notice to be given in any 7 years, including the grant of loans secured by real
case, if in its opinion the interest of justice so property mortgages. Thus, he is expected:
requires.
1. To ascertain the status and condition of the
Section 56. Primary Entry Book; fees; certified copies. properties offered to him as collaterals,
Each Register of Deeds shall keep a primary entry 2. As well as to verify the identities of the
book in which, upon payment of the entry fee, he persons he transacts business
shall enter, in the order of their reception, all with.
instruments including copies of writs and processes 3. Specifically, he cannot simply rely on a hasty
filed with him relating to registered land. He shall, as examination of the property offered to him
56

as security and the documents backing them (c) a reference by number to the last
up. preceding certificate
4. The original and owner’s duplicate of the
He should also verify the identity of the person who grantor’s certificate shall be stamped
claims to be the registered property owner. (Adriano “Cancelled”
v. Pangilinan) 5. The deed of conveyance shall be filed with a
notation of the number and place of
Upon its face, the mortgage appears to be regular registration of the certificate of title of the land
and to have been duly executed and accepted by conveyed.
Vallejo. The Torrens system is intended for the
registration of title, rather than the muniments of
Voluntary Involuntary
title. The Torrens Act permits a forged transfer,
when duly entered in the registry, to become the root
of a valid title in a bona fide purchaser. Refer to deeds, Refer to such writs,
instruments, or documents orders, or processes
As between two innocent persons, in this case which are the results of the issued by a court
Angela Blondeau and Jose Vallejo, one of whom free and voluntary acts of affecting registered
must suffer the consequence of a breach of trust, the the parties thereto. land, which by law
one who made it possible by his act of confidence should be registered to
must bear the loss, in this case Jose Vallejo. be effective and such
instruments which are
We sustain the plaintiff's mortgage and grant her the not the willful acts of
relief prayed for in her complaints. (Blondeau v. the registered owner
Nano) and which may have
been executed without
A. Conveyances and transfers his knowledge or
SEC. 57. Procedure in registration of conveyances. — An consent.
owner desiring to convey his registered land in fee
simple shall execute and register a deed of INCLUDES: INCLUDES:
conveyance in a form sufficient in law. The Register  Sale  Attachment
of Deeds shall thereafter make out in the registration  Real Property  Injunction
book a new certificate of title to the grantee and shall  Mortgage  Mandamus
prepare and deliver to him an owner’s duplicate  Lease  Sale on execution
certificate. The Register of Deeds shall note upon  Pacto de retro sale of judgment or
the original and duplicate certificate the date of  Extra-judicial sales for taxes
transfer, the volume and page of the registration settlement  Adverse claims
book in which the new certificate is registered and a  Free  Notice of lis
reference by number to the last preceding certificate. patent/homestead pendens
The original and the owner’s duplicate of the  Powers of attorney  Eminent
grantor’s certificate shall be stamped “cancelled.”  Trusts Domain/
The deed of conveyance shall be filled and indorsed expropriation
with the number and the place of registration of the  Foreclosure of
certificate of title of the land conveyed. mortgage
Procedure in registering a deed of conveyance

An owner who desires to convey the land covered
by his title to another shall An innocent purchaser for Entry thereof in the
1. execute the proper deed of conveyance, in value of registered land day book of the ROD
proper form, and becomes the registered may be sufficient
2. present the same, together with the owner’s owner that moment he notice to all persons
duplicate certificate, to the Register of Deeds presents and files a duly even if the owner’s
for entry and registration. notarized and valid deed of duplicate certificate of
sale and the same is entered title is not presented to
The Register of Deeds shall in the day book and at the the ROD.
1. enter in the registration book the fact of same time he surrenders or
conveyance and presents the owner’s
2. prepare a new certificate of title in the name of duplicate
the grantee, the owner’s duplicate of which certificate of title covering
shall be delivered to him the land sold and pays the
3. shall note upon the original and duplicate registration fees.
certificate the:
(a) date of the conveyance, There is a need to present No presentation
(b) volume and page of the registration title to record the deed in required; annotation
book in which the new certificate is registered, the registry and to make in entry book is
and memorandum on the title. sufficient.
57

Registration is effective Registration for or certificates; except so far as they may be

once the ODCT is involuntary simultaneously released or discharged
submitted with the transactions is
payment of fees. Once it is effective once it is Carrying over of encumbrances in the new
registered in the DAY entered in the day certificate
BOOK and is annotated book of the Register GR: Whenever registered land is conveyed, all
behind the title, the of Deeds. subsisting encumbrances or annotations appearing
voluntary transaction is in the registration book and noted on the certificate of
deemed registered and it title shall be carried over and noted on the new
would affect third parties. certificate of title
XPN:
1. where said encumbrances or annotations are
SEC. 58. Procedure where conveyance involves portion of simultaneously released or discharged.
land. — If a deed or conveyance is for a part only of 2. Where, however, the notice of lis pendens
the land described in a certificate of title, the Register filed by a claimant, refers to a lot different
of Deeds shall not enter any transfer certificate to from that covered by the adverse claim of
the grantee until a plan of such land showing all the another, the lis pendens, notwithstanding its
portions or lots into which it has been subdivided prior registration, cannot be carried over to the
and the corresponding technical descriptions shall new title to be issued to the adverse claimant.
have been verified and approved pursuant to Section
50 of this Decree. Meanwhile, such deed may only Rationale
be annotated by way of memorandum upon the The purpose is to show that the grantee obtained the
grantor’s certificate of title, original and duplicate, land or portion thereof subject to subsisting
said memorandum to serve as a notice to third encumbrances attached to the title of his grantor.
persons of the fact that certain unsegregated portion
of the land described therein has been conveyed, and B. Mortgages and Leases
every certificate with such memorandum shall be
effectual for the purpose of showing the grantee’s SEC. 60. Mortgage or lease of registered land. —
title to the portion conveyed to him, pending the Mortgage and leases shall be registered in the
actual issuance of the corresponding certificate in his manner provided in Section 54 of this Decree. The
name. owner of registered land may mortgage or lease it by
executing the deed in a form sufficient in law. Such
Upon the approval of the plan and technical deed of mortgage or lease and all instruments which
descriptions, the original of the plan, together with a assign, extend, discharge or otherwise deal with the
certified copy of the technical descriptions shall be mortgage or lease shall be registered, and shall take
filed with the Register of Deeds for annotation in the effect upon the title only from time of registration.
corresponding certificate of title and thereupon said
officer shall issue a new certificate of title to the No mortgagee’s or lessee’s duplicate certificate of
grantee for the portion conveyed, and at the same title shall hereafter be issued by the Registers of
time cancel the grantor’s certificate partially with Deeds, and those issued prior to the effectivity of
respect only to said portion conveyed, or, if the this Decree are hereby deemed cancelled and the
grantor so desires, his certificate may be cancelled holders thereof shall immediately surrender the same
totally and a new one issued to him describing to the Register of Deeds concerned.
therein the remaining portion: Provided, however,
That pending approval of said plan, no further Essence of a mortgage
registration or annotation of any subsequent deed or The essence of a contract of mortgage indebtedness is
other voluntary instrument involving the that a property has been identified or set apart from the
unsegregated portion conveyed shall be effected by mass of the property of the debtor-mortgagor as
the Register of Deeds, except where such security for the payment of money or the fulfillment of
unsegregated portion was purchased from the an obligation to answer the amount of indebtedness, in
Government or any of its instrumentalities. If the case of default of payment.
land has been subdivided into several lots,
designated by numbers or letters, the Register of Object of mortgage
Deeds may, if desired by the grantor, instead of 1. Immovables;
cancelling the latter’s certificate and issuing a new 2. Alienable real rights in accordance with the
one to the same for the remaining unconveyed lots, laws imposed upon immovables.
enter on said certificate and on its owner’s duplicate
a memorandum of such deed of conveyance and of
the issuance of the transfer certificate to the grantee Real mortgage Chattel mortgage
for the lot or lots thus conveyed, and that the
A contract in which the A contract in which the
grantor’s certificate is cancelled as to such lot or lots.
debtor guarantees to the debtor guarantees to the
creditor the fulfillment of creditor the fulfillment
SEC. 59. Carry over of encumbrances. — If, at the time a principal obligation, of a principal
of any transfer, subsisting encumbrances or subjecting for the faithful obligation, subjecting
annotations appear in the registration book, they compliance therewith a for the faithful
shall be carried over and stated in the new certificate
58

real compliance therewith demanded by a statute, nevertheless reveals the

property/immovables movables in case of intention of the parties to charge a real property as
in case of nonfulfillment nonfulfillment of said security for a debt, and contains nothing impossible
of said obligation at the obligation at the time or contrary to law.
time stipulated. stipulated.
The contract of sale with right to repurchase shall be
presumed to be an equitable mortgage in any of the
Indeed, a register of deeds is entirely precluded following cases:
by section 4 of Republic Act 1151 from exercising 1. When the price of the sale is unusually
his personal judgment and discretion when inadequate;
confronted with the problem of whether to 2. When the vendor remains in possession as
register a deed or instrument on the ground that lessee or otherwise;
it is invalid. For under the said section, when he is 3. When upon or after the expiration of the right
in doubt as to the proper step to be taken with to repurchase another instrument extending
respect to any deed or other instrument presented to the period of redemption or granting a new
him for registration, all that he is supposed to do period is executed;
is to submit and certify the question to the 4. When the purchaser retains for himself a part
Commissioner of Land Registration who shall, of the purchase price;
after notice and hearing, enter an order prescribing 5. When the vendor binds himself to pay the
the step to be taken on the doubtful question. taxes on the thing sold; and,
(Almirol v. Register of Deeds of Agusan) 6. In any other case where it may be fairly inferred
that the real intention of the parties is that the
Requisites (Art 2085, Civil Code) transaction shall secure the payment of a debt
1. That they be constituted to secure the or the performance of any other obligation.
fulfillment of a principal obligation;
2. That the pledgor or mortgagor be the absolute
owner of the thing pledged or mortgaged; SEC. 61. Registration. — Upon presentation for
 by mortgaging a piece of property, a registration of the deed of mortgage or lease
debtor merely subjects it to lien but together with the owner’s duplicate, the Register of
ownership thereof is not parted with Deeds shall enter upon the original of the certificate
 mortgagee does not acquire title to the of title and also upon the owner’s duplicate
mortgaged real estate unless and until certificate a memorandum thereof, the date and time
he purchases the same at public auction of filing and the file number assigned to the deed,
and the property is not redeemed and shall sign the said memorandum. He shall also
within the prescribed period. note on the deed the date and time of filing and a
3. That the persons constituting the pledge or reference to the volume and page of the registration
mortgage have the free disposal of their property, and book in which it is registered.
in the absence thereof, that they be legally authorized
for the purpose.
Nature of registration
NOTE: Third persons who are not parties to the Registration only operates as a notice of the
principal obligation may secure the latter by pledging mortgage to others, but neither adds to its validity nor
or mortgaging their own property. converts an invalid mortgage into a valid one between
the parties. If the purpose of registration is merely to
Characteristics of a mortgage give notice, the questions regarding the effect or
1. It is a real right. invalidity of instruments are expected to be decided
2. It is an accessory contract. after, not before, registration. It must follow as a
3. It is indivisible. necessary consequence that registration must first be
4. It is inseparable. allowed and the validity or effect thereof litigated
5. It is a real property. afterwards.
6. It is a limitation on ownership.
Registered Unregistered
Mortgage lien is a right in rem which follows the A right in rem The mortgage is
property nevertheless binding
It is inseparable from the property mortgaged as it is a between the parties
right in rem — a lien on the property whoever its
owner may be. It subsists notwithstanding a change in Rights of innocent mortgagee for value
ownership; in short, the personality of the owner is 1. the mortgagee has the right to rely on what
disregarded. Thus, all subsequent purchasers must appears on the certificate of title
respect the mortgage whether the transfer to them be 2. the subsequent declaration of a title as null and
with or without the consent of the mortgagee, for such void is not a ground for nullifying the mortgage
mortgage until discharged follows the property. right of a mortgagee in good faith
Equitable mortgage (Art 1602, Civil Code) Remedies of prejudiced parties

An equitable mortgage is one which, although lacking 1. If solvent, bring an action for damages against
in some formality, form or words, or other requisites those who caused the fraud
59

2. If insolvent, an action against the Treasurer of same free of all encumbrance except those noted on
the Philippines may be filed for recovery of said certificate.
damages against the Assurance Fund
The contention that LBP has an interest over the
Effect of lis pendens subject land as a mortgagee has no merit. The
A notice of lis pendens is an announcement to the mortgagor, Lourdes Farms, Inc. from which LBP
whole world that a particular real property is in supposedly obtained its alleged interest has never
litigation, and serves as a warning that one who been the owner of the mortgaged land. Acquisition
acquires an interest over said property does so at his of the subject land by Lourdes Farms, Inc. is legally
own risk, so that he gambles on the results of the impossible as the land was released as alienable and
litigation over said property. Any subsequent lien or disposable only on March 25, 1981. Even at present,
encumbrance annotated at the back of the no one could have possessed the same under a claim
certificate of title cannot in any way prejudice the of ownership for the period of thirty (30) years
mortgage previously registered, and the lots subject required under Section 48(b) of Commonwealth Act
thereto pass to the purchaser at the public auction sale No. 141, as amended. Hence, LBP acquired no
free from any lien or encumbrance. rights over the land.
Effect of a forged deed As correctly pointed out by the OSG, mortgagees of
Where the mortgage is admittedly a forgery and the non-disposable lands, titles to which were
registered owner has not been shown to have been erroneously issued, acquire no protection under the
negligent or in connivance with the forger, the Land Registration Law.
mortgage can not be enforced against the owner.
It is well settled that a certificate of title is void when
Unrecorded sale of a prior date vs. recorded it covers property of public domain classified as
mortgage on a later date forest or timber or mineral land. Any title issued
Between an unrecorded sale of a prior date and a covering non-disposable lots even in the hands of an
recorded mortgage of a later date the former is alleged innocent purchaser for value shall be
preferred to the latter for the reason that if the original canceled. (LBP v. Republic)
owner had parted with his ownership of the thing sold
then he no longer had the ownership and free disposal As between [1] unrecorded sale of a prior date and
of that thing so as to be able to mortgage it again. [2] recorded mortgage under Act No. 3344, the
(Reyes v. de Leon) Court ruled in this case that the unrecorded sale is
preferred. It is because if the original owner had
Rights of the second mortgagee parted with his ownership of the thing sold then he
By virtue of the mortgage constituted in favor of the no longer had the ownership and free disposal of the
first mortgage, and the credit thereof having become thing so as to be able to mortgage it again, thus the
demandable, said mortgagee was entitled to have the latter would not have any effect at all. (Reyes v. De
mortgaged lots sold for the payment of its credit. The Leon)
sale excluded the mortgaged lots from the estate of the
debtors. Aside from the rights of repurchase, the
second mortgagee’s only right would be to apply Section 62. Discharge or cancellation. A mortgage or
to the payment of its credit the excess of the lease on registered land may be discharge or canceled
proceeds of the sale after the payment of the credit by means of an instrument executed by the mortgage
of the first mortgagee. (El Hogar Filipino v. or lessee in a form sufficient in law, which shall be
Philippine National Bank) filed with the Register of Deeds who shall make the
appropriate memorandum upon the certificate of
Effect on mortgage if Torrens title is nullified title.
Where land covered by a Torrens title was mortgaged
to the bank to secure a loan, but the title was later on Mortgage Discharged Only Upon Full Payment of
nullified since the same land had been previously titled the Indebtedness
pursuant a free patent, the mortgage will not be Only upon full payment a mortgage or lease be
cancelled where it is shown that the bank relied on the discharged or cancellated by means of an instrument
validity of the title in the name of the mortgagor and, by the mortgagee or lessee in a public instrument which
therefore, acted in good faith. The effect of such an shall be filed with ROD which shall make such
outright cancellation would be to impair public appropriation memorandum.
confidence in the certificates of title, for everyone
dealing with property registered under the Torrens Pactum Commisorium, Void
System would have to inquire in every instance as to It is a stipulation in a contract of mortgage that the
whether the title has been regularly or irregularly issued
ownership of the property would automatically
by the court.(Penullar v. Philippine National Bank)
pass to the mortgagee in case no redemption was
NOTE: Every person receiving a certificate of title in effected within the stipulation is void for being pactum
pursuance of a decree of registration, and every commissorium which enables the mortgagee to acquire
subsequent purchaser of registered land who takes a ownership of the property without need of foreclosure.
certificates of title for value in good faith, shall hold the The elements are:
60

1) There should be a property mortgaged Judicial

by way of security for the payment of A foreclosure sale is not complete until it is confirmed,
the principal obligation. and before said confirmation, the court retains control
2) There should be a stipulation for of the proceedings by exercising a sound discretion in
automatic appropriation by the regard to it, either granting or withholding
creditor of the thing mortgaged in case confirmation as the rights and interests of the parties
of non-payment of the principal and the ends of justice may require.
obligation within the stipulated period.
After the foreclosure but before its confirmation, the
Section 63. Foreclosure of Mortgage. (a) If the mortgage court may grant the judgment debtor or mortgagor an
was foreclosed judicially, a certified copy of the opportunity to pay the proceeds of the sale and thus
final order of the court confirming the sale shall be refrain from confirming it.
registered with the Register of Deeds. If no right of
redemption exists, the certificate of title of the Remedies
mortgagor shall be canceled, and a new  Foreclose the mortgage
certificate issued in the name of the purchaser.
 File an ordinary action to collect the
Where the right of redemption exists, the certificate debt
of title of the mortgagor shall not be canceled, but
the certificate of sale and the order confirming the Period
sale shall be registered by a brief memorandum 1) Generally all land - An action to
thereof made by the Register of Deeds upon the enforce a right arising from a mortgage
certificate of title. In the event the property is should be enforced within ten years
redeemed, the certificate or deed of redemption shall from the time the right of action
be filed with the Register of Deeds, and a brief accrues, or from default in payment of
memorandum thereof shall be made by the Register the loan amortizations.
of Deeds on the certificate of title of the mortgagor. 2) In case of a judicial foreclosure of a
mortgage in favor of a banking
If the property is not redeemed, the final deed of sale institution, section 78 of the General
executed by the sheriff in favor of the purchaser at a
Banking Law grants the mortgagor a
foreclosure sale shall be registered with the Register
of Deeds; whereupon the title of the mortgagor shall right of redemption which may be
be canceled, and a new certificate issued in the name exercised within one year from the
of the purchaser. sale
3) Land covered by homestead or free
(b) If the mortgage was foreclosed extrajudicially, patent mortgaged to rural bank - If
a certificate of sale executed by the officer who the land is mortgaged to a rural bank
conducted the sale shall be filed with the Register under RA 720 the mortgagor may
of Deeds who shall make a brief memorandum redeem the property within two years
thereof on the certificate of title. from the date of the foreclosure or
from the date of the registration of the
In the event of redemption by the mortgagor, the certificate of sale at such foreclosure if
same rule provided for in the second paragraph of
the property is not covered or is
this section shall apply.
covered by a Torrens title.
In case of non-redemption, the purchaser at 4) If mortgagor fails to redeem property
foreclosure sale shall file with the Register of Deeds, - he or his heirs may still repurchase the
either a final deed of sale executed by the person property from the expiration of the 2
authorized by virtue of the power of attorney year period the property within 5
embodied in the deed of mortgage, or his sworn years from such pursuant to Section
statement attesting to the fact of non-redemption; 119, CA 141
whereupon, the Register of Deeds shall issue a new
certificate in favor of the purchaser after the owner's Redemption
duplicate of the certificate has been previously Equity of redemption Right of redemption
delivered and canceled. right of the mortgagor to right of the mortgagor to
redeem the mortgaged repurchase the property
Foreclosure property after his even after confirmation
Foreclosure is the process by which a mortgagee default in the of the sale, in cases of
acquires an absolute title to the property of which he performance of the foreclosure by banks,
had previously been only the conditional owner, or conditions of the within one year from the
upon which he had previously a mere lien or mortgage but before registration of the sale.
encumbrance. Foreclosure is valid where the debtors the sale of the property
are in default in the payment of their obligation. or the confirmation of
the sale
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The judgment obligor, or redemptioner, may redeem sale does not prevent the trial court from granting
the property from the purchaser, at any time within the mortgagor a period within which to redeem the
one (1) year from the date of the registration of the mortgaged lot by paying the judgment debt and the
certificate of sale expenses of the sale and costs
5) OLD RULE -redemption should be After the confirmation of the sale, made after
made “at any time within twelve (12) hearing and with due notice to the mortgagor,
the latter cannot redeem anymore the
months after the sale
mortgaged lot. It is after the confirmation of the
6) NEW RULE - shall be “at any time sale that the mortgagor loses all interest in the
within one (1) year from the date of mortgaged property
registration of the certificate of sale,”
so that the period is now to be In the instant case, where the foreclosure sale has
understood as composed of 365 days. not yet been confirmed but the statutory one-year
period for redemption expired and the mortgaged
The period within which to redeem is not suspended lot was sold by the mortgagee (as the only bidder at
when one files an action to annul the foreclosure sale. the auction sale) to a third person, the trial court
should give the purchaser a chance to be heard
Judicial redemption before requiring the mortgagee-bank to accept the
1) Timely redemption or redemption by redemption price tendered by the mortgagors. (Bank
of Oroquieta v. CA)
expiration date;
2) Good faith as always, meaning, the filing of
In accordance with Section 78 of the General
action must have been for the sole purpose of
Banking Act, the amount at which the foreclosed
determining the redemption price and not
property is redeemable is the amount due under the
stretch the redemptive period indefinitely; mortgage deed, or the outstanding obligation of the
3) Once redemption price is determined within mortgagor plus interest and expenses.
the reasonable time, the redemptioner must
make the prompt payment in Full. The general rule in Redemption is that it is not
sufficient that a person offering to redeem simply
Confirmation of sale manifests his/her desire to do so. The statement of
1) After hearing intention must be accompanied by an actual and
2) With due notice to the mortgagor simultaneous tender of payment.
Under section 3, Rule 68 of the Rules of Court, it is In the case Hi-Yield Realty, Inc. v. CA, the Court held
the confirmation by the court of the auction sale that that action for Judicial Redemption should be filed
would divest the Serrano spouses of their rights to on time and in good faith, the redemption price is
the mortgaged lot and that would vest such rights in finally determined and paid within a reasonable time,
the bank as purchaser at the auction sale. and the rights of the parties are respected. Stated
otherwise, the foregoing interpretation has three
In case of a judicial foreclosure of a mortgage in critical dimensions:
favor of a banking institution, section 78 of the 1) timely redemption or redemption by
General Banking Law grants the mortgagor a right expiration date;
of redemption which may be exercised within one 2) good faith as always, meaning, the
year from the sale. filing of the action must have been
for the sole purpose of determining
What applies to this case is the settled rule that "a the redemption price and not to
foreclosure sale is not complete until it is confirmed, stretch the redemptive period
and before said confirmation, the court retains indefinitely; and
control of the proceedings by exercising a sound 3) once the redemption price is
discretion in regard to it, either granting or determined within a reasonable time,
withholding confirmation as the rights and interests the redemptioner must make
of the parties and the ends of justice may require. prompt payment in full. (Tolentino
v. CA)
The acceptance of a bid at the foreclosure sale
confers no title on the purchaser. Until the sale has Section 64. Power of attorney. Any person may, by
been validly confirmed by the court, he is nothing power of attorney, convey or otherwise deal with
more than a preferred bidder. Title vests only when registered land and the same shall be registered
the sale has been validly confirmed by the court. with the Register of Deeds of the province or
city where the land lies. Any instrument revoking
If after the foreclosure sale and before the such power of attorney shall be registered in like
confirmation thereof, the mortgagee, as purchaser at manner.
the auction sale, sold the mortgaged property to
another person, that subsequent sale does not render Section 65. Trusts in registered land. If a deed or other
the foreclosure sale more effective. That subsequent instrument is filed in order to transfer registered land
62

in trust, or upon any equitable condition or Registration of the SPA

limitation expressed therein, or to create or declare a The SPA shall also be registered with the province or
trust or other equitable interests in such land without city where the land lies, any instrument revoking such
transfer, the particulars of the trust, condition, power of attorney shall be registered in like manner.
limitation or other equitable interest shall not be
entered on the certificate; but only a memorandum Trusts
thereof shall be entered by the words "in trust", or Kinds
"upon condition", or other apt words, and by a
1) express trust – by intention of the
reference by number to the instrument authorizing
or creating the same. A similar memorandum shall parties
be made upon the original instrument creating or 2) implied trust – by operation of law
declaring the trust or other equitable interest with a 3) constructive trust - is imposed where
reference’ by number to the certificate of title to a person holding title to property is
which it relates and to the volume and page in the subject to an equitable duty to
registration book in which it is registered. convey it to another on the ground
that he would be unjustly enriched
Section 66. Trust with power of sale, etc., how expressed. if he were permitted to retain it. The
If the instrument creating or declaring a trust or duty to convey the property arises
other equitable interest contains an express power to because it was acquired through fraud,
sell, mortgage or deal with the land in any manner, duress, undue influence or mistake,
such power shall be stated in the certificate of title
or through breach of a fiduciary
by the words "with power to sell", or "power to
duty, or through the wrongful
mortgage", or by apt words of description in case of
other powers. No instrument which transfers, disposition of another's property.
mortgages or in any way deals with registered land in 4) Resulting trust - a person makes or
trust shall be registered, unless the enabling power causes to be made a disposition of
thereto is expressly conferred in the trust property under circumstances which
instrument, or unless a final judgment or order of a raise an inference that he does not
court of competent jurisdiction has construed the intend that the person taking or
instrument in favor of the power, in which case a holding the property should have
certified copy of such judgment or order may be the beneficial interest in the
registered. property. It is founded on the
presumed intention of the parties, and
Section 67. Judicial appointment of new trustee. If a new as a general rule, it arises where, and
trustee of registered land is appointed by a court of
only where such may be reasonably
competent jurisdiction, a new certificate may be
issued to him upon presentation to the Register of presumed to be the intention of the
Deeds of a certified copy of the order or judicial parties, as determined from the facts
appointment and the surrender for cancellation of and circumstances existing at the time
the duplicate certificate. of the transaction out of which it is
sought to be established.
Section 68. Implied, trusts, how established. Whoever
claims an interest in registered land by reason of any Trust is a fiduciary relationship with respect to
implied or constructive trust shall file for registration property which involves the existence of
with the Register of Deeds a sworn statement equitable duties imposed upon the holder of the
thereof containing a description of the land, the title to the property to deal with it for the benefit
name of the registered owner and a reference to the of another.
number of the certificate of title. Such claim shall not
affect the title of a purchaser for value and in good A person who establishes a trust is called the trustor;
faith before its registration. one in whom confidence is reposed as regards
property for the benefit of another person is known
Agency to Sell Land as the trustee; and the person for whose benefit the
A Special Power of Attorney (SPA) refers to a clear trust has been created is referred to as the beneficiary
mandate specifically authorizing the performance of an or cestui que trust.
act, and must therefore be distinguished from an
agency couched in general terms. When a sale of a piece Trust is either express or implied. Express trust is
of land or any interest therein is made through an created by the intention of the trustor or of the
parties. Implied trust comes into being by operation
agent, authority of the agent must be in writing
of law. The latter kind is neither constructive or
otherwise the sale shall be void (Article 1874, Civil resulting trust.
Code). The term “any interest” covers usufruct or
easement and a void sale has no legal effects and is not A constructive trust is imposed where a person
subject to ratification. A special power to sell is not and holding title to property is subject to an equitable
does not include the special power to mortgage, they duty to convey it to another on the ground that he
are two different acts. would be unjustly enriched if he were permitted to
retain it. The duty to convey the property arises
63

because it was acquired through fraud, duress, undue right or interest, and how or under whom
influence or mistake, or through breach of a acquired, a reference to the number of the
fiduciary duty, or through the wrongful disposition certificate of title of the registered owner, the
of another's property. name of the registered owner, and a description
of the land in which the right or interest is
On the other hand, a resulting trust arises where a claimed.
person makes or causes to be made a disposition of
property under circumstances which raise an The statement shall be signed and sworn to, and
inference that he does not intend that the person shall state the adverse claimant's residence, and
taking or holding the property should have the a place at which all notices may be served upon
beneficial interest in the property. It is founded on him. This statement shall be entitled to registration
the presumed intention of the parties, and as a as an adverse claim on the certificate of title. The
general rule, it arises where, and only where such adverse claim shall be effective for a period of thirty
may be reasonably presumed to be the intention of days from the date of registration. After the lapse of
the parties, as determined from the facts and said period, the annotation of adverse claim may be
circumstances existing at the time of the transaction canceled upon filing of a verified petition therefor by
out of which it is sought to be established. the party in interest: Provided, however, that after
cancellation, no second adverse claim based on the
In the present case, Dolores provided the money for same ground shall be registered by the same
the purchase of Lot 20 but the corresponding deed claimant.
of sale and transfer certificate of title were placed in
the name of Ricardo Huang because she was advised Before the lapse of thirty days aforesaid, any party in
that the subdivision owner prohibited the interest may file a petition in the Court of First
acquisition of two lots by a single individual. Instance where the land is situated for the
cancellation of the adverse claim, and the court shall
Guided by the foregoing definitions, the Court finds grant a speedy hearing upon the question of the
that a resulting trust was created. Ricardo became validity of such adverse claim, and shall render
the trustee of Lot 20 and its improvements for the judgment as may be just and equitable. If the adverse
benefit of Dolores as owner. The pertinent law is claim is adjudged to be invalid, the registration
Art. 1448 of the New Civil Code which provides that thereof shall be ordered canceled. If, in any case, the
there is an implied trust when property is sold and court, after notice and hearing, shall find that the
the legal estate is granted to one party but the price adverse claim thus registered was frivolous, it may
is paid by another for the purpose of having the fine the claimant in an amount not less than one
beneficial interest for the property. A resulting trust thousand pesos nor more than five thousand pesos,
arises because of the presumption that he who pays in its discretion. Before the lapse of thirty days, the
for a thing intends a beneficial interest therein for claimant may withdraw his adverse claim by filing
himself. (Huang v. CA) with the Register of Deeds a sworn petition to that
effect.
II
INVOLUNTARY DEALINGS Contents of adverse claim
Statement in writing
Section 69. Attachments. An attachment, or a copy of  setting forth fully his alleged right or interest,
any writ, order or process issued by a court of and
record, intended to create or preserve any lien,  how or under whom acquired, a
status, right, or attachment upon registered land,  reference to the number of the certificate of
shall be filed and registered in the Registry of Deeds title of the registered owner,
for the province or city in which the land lies, and,  the name of the registered owner, and
in addition to the particulars required in such papers
 a description of the land in which the right or
for registration, shall contain a reference to the
number of the certificate of title to be affected and interest is claimed.
the registered owner or owners thereof, and also if
the attachment, order, process or lien is not claimed Requirements
on all the land in any certificate of title a description 1) The statement shall be signed and sworn to
sufficiently accurate for identification of the land or 2) This statement shall be entitled to registration
interest intended to be affected. A restraining as an adverse claim on the certificate of title.
order, injunction or mandamus issued by the
court shall be entered and registered on the Effectivity
certificate of title affected, free of charge. The adverse claim shall be effective for a period of
thirty days from the date of registration. After the
Section 70. Adverse claim. Whoever claims any part lapse of said period, the annotation of adverse claim
or interest in registered land adverse to the registered
may be canceled upon filing of a verified petition
owner, arising subsequent to the date of the
therefor by the party in interest: Provided, however,
original registration, may, if no other provision is
made in this Decree for registering the same, make a that after cancellation, no second adverse claim based
statement in writing setting forth fully his alleged on the same ground shall be registered by the same
claimant.
64

otherwise affected by an order, decision or judgment

A subsequent sale of property covered by a of the court where the action or proceedings in
Certificate of Title cannot prevail over an which said attachment was made is pending or by an
adverse claim, duly sworn to and annotated on order of a court having jurisdiction thereof, a
the certificate of title previous to the sale. certificate of the entry of such order, decision or
judgment from the clerk of court or the judge by
In ascertaining the period of effectivity of an which such decision, order or judgment has been
inscription of adverse claim, we must read the law in rendered and under the seal of the court, shall be
its entirety. Sentence three, paragraph two of Section entitled to be registered upon presentation to
70 of P.D. 1529 provides: the Register of Deeds.
“The adverse claim shall be effective for a period of Section 74. Enforcement of liens on registered land.
thirty days from the date of registration.” Whenever registered land is solved on execution, or
taken or sold for taxes or for any assessment or to
At first blush, the provision in question would seem enforce a lien of any character, or for any costs and
to restrict the effectivity of the adverse claim to charges incident to such liens, any execution or copy
thirty days. But the above provision cannot and of execution, any officer's return, or any deed,
should not be treated separately, but should be read demand, certificate, or affidavit, or other instrument
in relation to the sentence following, which reads: made in the course of the proceedings to enforce
After the lapse of said period, the annotation of such liens and required by law to be recorded, shall
adverse claim may be cancelled upon filing of a be filed with the Register of Deeds of the province
verified petition therefor by the party in interest. or city where the land lies and registered in the
registration book, and a memorandum made upon
If the rationale of the law was for the adverse claim the proper certificate of title in each case as lien or
to ipso facto lose force and effect after the lapse of encumbrance.
thirty days, then it would not have been necessary to
include the foregoing caveat to clarify and complete Section 75. Application for new certificate upon expiration
the rule. For then, no adverse claim need be of redemption period. Upon the expiration of the time,
cancelled. If it has been automatically terminated by if any, allowed by law for redemption after registered
mere lapse of time, the law would not have required land has been sold on execution taken or sold for
the party in interest to do a useless act. The law, the enforcement of a lien of any description,
taken together, simply means that the cancellation of except a mortgage lien, the purchaser at such sale
the adverse claim is still necessary to render it or anyone claiming under him may petition the court
ineffective, otherwise, the inscription will remain for the entry of a new certificate of title to him.
annotated and shall continue as a lien upon the
property. (Sanojas v. CA) Before the entry of a new certificate of title, the
registered owner may pursue all legal and equitable
Section 71. Surrender of certificate in involuntary dealings. remedies to impeach or annul such proceedings.
If an attachment or other lien in the nature of
involuntary dealing in registered land is registered, Section 76. Notice of lis pendens. No action to recover
and the duplicate certificate is not presented at the possession of real estate, or to quiet title thereto, or
time of registration, the Register of Deeds shall, to remove clouds upon the title thereof, or for
within thirty-six hours thereafter, send notice by partition, or other proceedings of any kind in court
mail to the registered owner, stating that such directly affecting the title to land or the use or
paper has been registered, and requesting him to occupation thereof or the buildings thereon, and no
send or produce his duplicate certificate so that a judgment, and no proceeding to vacate or reverse
memorandum of the attachment or other lien may any judgment, shall have any effect upon registered
be made thereon. If the owner neglects or refuses to land as against persons other than the parties
comply within a reasonable time, the Register of thereto, unless a memorandum or notice stating
Deeds shall report the matter to the court, and it the institution of such action or proceeding and
shall, after notice, enter an order to the owner, to the court wherein the same is pending, as well as
produce his certificate at a time and place named the date of the institution thereof, together with a
therein, and may enforce the order by suitable reference to the number of the certificate of title, and
process. an adequate description of the land affected and the
registered owner thereof, shall have been filed and
Section 72. Dissolution, etc. of attachments, etc. registered.
Attachments and liens of every description upon
registered land shall be continued, reduced, Section 77. Cancellation of lis pendens. Before final
discharged and dissolved by any method sufficient judgment, a notice of lis pendens may be
in law, and to give effect to the continuance, canceled upon order of the court, after proper
reduction, discharge or dissolution thereof the showing that the notice is for the purpose of
certificate or other instrument for that purpose shall molesting the adverse party, or that it is not
be registered with the Register of Deeds. necessary to protect the rights of the party who
caused it to be registered. It may also be canceled
Section 73. Registration of orders of court, etc. If an by the Register of Deeds upon verified petition of
attachment is continued, reduced, dissolved, or the party who caused the registration thereof.
65

execution taken or sold for the enforcement of a lien

At any time after final judgment in favor of the of any description, except a mortgage lien, the
defendant, or other disposition of the action such as purchaser at such sale or anyone claiming under him
to terminate finally all rights of the plaintiff in and to may petition the court for the entry of a new
the land and/or buildings involved, in any case in certificate of title to him.
which a memorandum or notice of lis pendens has
been registered as provided in the preceding section, Before the entry of a new certificate of title, the
the notice of lis pendens shall be deemed canceled registered owner may pursue all legal and equitable
upon the registration of a certificate of the clerk of remedies to impeach or annul such proceedings.
court in which the action or proceeding was pending
stating the manner of disposal thereof. Entry of new certificate.
GR: In case registered land which has been sold on
Surrender of certificate of title execution for the enforcement of any lien has not been
Section 71 authorizes the Register of Deeds to require redeemed within the period allowed by law, the
the registered owner to produce the owner’s purchaser at such sale or anyone claiming under him
duplicate certificate in order that an attachment or may petition the court for the issuance of a new
other lien in the nature of involuntary dealing, like an certificate of title to him. But before the entry of such
adverse claim, may be annotated thereon. new certificate, the registered owner may pursue all
legal and equitable remedies to impeach or annul
Effect of non-compliance within a reasonable time the proceedings.
If the owner neglects or refuses to comply within a XPN: Mortgage lien
reasonable time, he shall report such fact to the proper
Regional Trial Court which shall, after notice, direct the Nature and purpose of lis pendens
owner to produce his certificate at a time and place Nature
specified in its order The doctrine of lis pendens refers to the jurisdiction,
power or control which a court acquires over property
In case of mortgaged lien involved in a suit, pending the continuance of the
Any lien annotated on the previous certificates of title action, and until final judgment.
which subsists should be incorporated in or carried
over to the new transfer certificates of title Purpose
 To protect the rights of the party causing the
Registration of deeds relating to execution and tax registration of the lis pendens, and
delinquency sales  To advise third persons who purchase or
The proceedings to enforce such liens and required by contract on the subject property that they do
law to be recorded, shall be filed with the Register of so at their peril and subject to the result of the
Deeds of the province or city where the land lies and pending litigation.
registered in the registration book, and a memorandum  The litigation must directly involve a
made upon the proper certificate of title in each case as specific property which is necessarily
lien or encumbrance. affected by the judgment.
Involuntary dealings that should be registered to Effect to third party purchaser

be effective In other words, a purchaser who buys registered land
1. Continuance, dissolution or discharge of with full notice of the fact that it is in litigation between
attachments. the vendor and a third party stands in the shoes of his
2. Orders or decisions of the court. vendor and his title is subject to the incidents and result
3. Deed of sale, officer’s return, order of of the pending litigation.
execution and other instruments.
In effect, it
Tax delinquency sale 1) keeps the subject matter of litigation within the
Notice of sale to the delinquent land owners and to the power of the court until the entry of the final judgment
public in general is an essential and indispensable so as to prevent the defeat of the latter by successive
requirement of law, the non-fulfillment of which alienations; and
vitiates the sale. Thus, the holding of a tax sale despite  The doctrine of lis pendens is founded
the absence of the requisite notice is tantamount to a upon reason of public policy and
violation of delinquent taxpayer’s substantial right to necessity
due process. Administrative proceedings for the sale of 3) binds a purchaser of the land subject of the
private lands for non-payment of taxes being in litigation to the judgment or decree that will be
personam, it is essential that there be actual notice to the promulgated thereon whether such a purchaser
delinquent taxpayer, otherwise the sale is null and void is a bona fide purchaser or not; but
although preceded by proper advertisement or 4) does not create a non-existent right or lien.
publication.
Nature
Section 75. Application for new certificate upon  The notice is but an incident in an action, an
expiration of redemption period. Upon the extrajudicial one. It does not affect the merits
expiration of the time, if any, allowed by law for thereof.
redemption after registered land has been sold on
66

 It is intended merely to constructively advise, action, an extrajudicial one, to be sure. It does not
or warn, all people who deal with the property affect the merits thereof. The cancellation of such a
that they so deal with it at their own risk precautionary notice is therefore also a mere incident
 The annotation of a notice of lis pendens at in the action, and may be ordered by the Court
the back of the original copy of the certificate having jurisdiction of it at any given time.
of title on file with the Register of Deeds is
sufficient to constitute constructive notice to The rule that no questions may be raised for the first
purchasers or other persons subsequently time on appeal have reference only to those affecting
dealing with the same property. the merits of the action, and not to mere incidents
thereof.
Contents of notice of lis pendens
1. a statement of the institution of an action or The CA found as a fact that the case had dragged on
proceeding; and had been unnecessarily prolonged by repeated
2. the court where the same is pending; amendments of the complaints by the plaintiffs, and
3. the date of its institution; that the circumstances on record justified the
4. a reference to the number of the certificate of conclusion that the annotation of the notice of lis
title of the land; and pendens was intended to molest and harass the
5. an adequate description of the land affected defendants. (Magdalena Homeowner’s
and its registered owner. Association v. CA)
Cancellation of lis pendens The notice of lis pendens is ordinarily recorded

GR: A notice of lis pendens which has been filed in a without the intervention of the court where the
proper case cannot be canceled while the action is action is pending. The notice is but an incident in an
pending and undetermined action, an extrajudicial one, to be sure. It does not
XPN: In cases expressly provided for by statute affect the merits thereof. The cancellation of such a
(Sec 77) precautionary notice is therefore also a mere incident
(a) upon order of the court (Section 14, Rule 13 of in the action, and may be ordered by the Court
the 1997 Rules of Civil Procedure); having jurisdiction of it at any given time.
 if the annotation was for the purpose of
molesting the title of the adverse party, or The rule that no questions may be raised for the first
 when the annotation is not necessary to protect time on appeal have reference only to those affecting
the title of the party who caused it to be the merits of the action, and not to mere incidents
recorded. thereof.
(b) upon action by the Register of Deeds at the
instance of the party who caused the registration of the The CA found as a fact that the case had dragged on
notice. and had been unnecessarily prolonged by repeated
amendments of the complaints by the plaintiffs, and
The doctrine of lis pendens is founded upon reason that the circumstances on record justified the
of public policy and necessity, the purpose of which conclusion that the annotation of the notice of lis
is to keep the subject matter of the litigation within pendens was intended to molest and harass the
the power of the Court until the judgment or decree defendants. (Magdalena Homeowner’s
shall have been entered; otherwise, by successive Association v. CA)
alienations pending the litigation.
In the present case, the decision ordering partition
In the case at bar, although Marasigan acquired the and the rendition of accounting had already become
property in question on December 18, 1974 or a final and executory. The execution thereof thus
little over four (4) months before the filing of became a matter of right on the part of the private
Marron’s civil action against the Bazars, the respondents, and is a mandatory and ministerial duty
transaction became effective as against third on the part of the court. Once a judgment becomes
persons only on July 5, 1977, when it was final and executory, the prevailing party can have it
registered with the Register of Deeds of Manila. executed as a matter of right, and the judgment
It is the act of registration which creates constructive debtor need not be given advance notice of the
notice to the whole world. Section 51 of Act 496, as application for execution nor be afforded prior
amended by Section 52 of the Property Registration hearings thereon.
Decree (P.D. 1529) provides: “Sec. 52. Constructive
notice upon registration. – Every conveyance x x x An action for partition, which is typically brought by
affecting registered land shall, if registered, filed or a person claiming to be the owner of a specified
entered in the office of the Register of Deeds for the property against a defendant or defendants whom
province or city where the land to which it relates the plaintiff recognizes to be his co-owners, may
lies, be constructive notice to all persons from the readily be seen to simultaneously present two
time of such registering, filing or entering.” (Heirs principal issues:
of Marasigan v. IAC)
Whether the plaintiff is indeed a co-owner of the
he notice of lis pendens is ordinarily recorded property sought to be partitioned.
without the intervention of the court where the
action is pending. The notice is but an incident in an
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Assuming that the plaintiff successfully hurdles the of registered land, there shall be paid to the
first issue, how the property is to be divided between Register of Deeds one-fourth of one per cent of
the plaintiff and the defendants, that is, what portion the assessed value of the real estate on the basis
should go to which co-owner. of the last assessment for taxation purposes, as
contribution to the Assurance Fund. Where the
After a judgment is rendered in an action for land involved has not yet been assessed for taxation,
partition declaring that the property in question shall its value for purposes of this decree shall be
be divided among the parties thereto, the procedure determined by the sworn declaration of two
provided by law thereafter is that: disinterested persons to the effect that the value
a) If the parties can agree among fixed by them is to their knowledge, a fair valuation.
themselves, then the partition can be
made by them through the proper Nothing in this section shall in any way preclude the
instruments of conveyance which court from increasing the valuation of the property
shall be submitted for approval of should it appear during the hearing that the value
the court, and such partition with the stated is too small.
court order confirming the same
shall be recorded in the office of the Section 94. Custody and investment of fund. All money
proper registry of deeds. received by the Register of Deeds under the
b) If the parties are unable to agree preceding section shall be paid to the National
upon the partition, the court shall by Treasurer. He shall keep this money in an
order appoint not more than three Assurance Fund which may be invested in the
(3) competent and disinterested manner and form authorized by law, and shall report
persons as commissioners to make annually to the Commissioner of the Budget the
the partition, commanding them to condition and income thereof.
set off to the plaintiff and to each
party in interest such part and The income of the Assurance Fund shall be added
proportion of the property as the to the principal until said fund amounts to five
court in such order shall direct. (De hundred thousand pesos, in which event the excess
Mesa v. CA) income from investments as well as from the
collections of such fund shall be paid into the
As held in the case of Ramirez vs. Gmur, the National Treasury to the account of the Assurance
provisions of Section 4 of Rule 74 of the Rules of Fund.
Court, barring distributees or heirs from objecting
to an extrajudicial partition after the expiration of Section 95. Action for compensation from funds. A
two years from such extrajudicial partition, is person who, without negligence on his part,
applicable only: sustains loss or damage, or is deprived of land or
any estate or interest therein in consequence of
1) To persons who have participated or the bringing of the land under the operation of the
taken part or had notice of the Torrens system of arising after original registration
extrajudicial partition, and of land, through fraud or in consequence of any
2) When the provisions of Section 1 of error, omission, mistake or misdescription in any
Rule 74 have been strictly complied certificate of title or in any entry or memorandum in
with (that all the persons or heirs of the registration book, and who by the provisions of
the decedent have taken part in the this Decree is barred or otherwise precluded under
extrajudicial settlement or are the provision of any law from bringing an action for
represented by themselves or the recovery of such land or the estate or interest
through guardians.) therein, may bring an action in any court of
competent jurisdiction for the recovery of damages
The case at bar fails to comply with both to be paid out of the Assurance Fund.
requirements because not all the heirs interested
have participated in the extrajudicial settlement, the Section 96. Against whom action filed. If such action is
Court of Appeals having found that the decedent left brought to recover for loss or damage or for
aside from his widow, nephews and nieces living at deprivation of land or of any estate or interest
the time of his death. (Sampilo v. CA) therein arising wholly through fraud, negligence,
omission, mistake or misfeasance of the court
CHAPTER VII personnel, Register of Deeds, his deputy, or
ASSURANCE FUND other employees of the Registry in the
performance of their respective duties, the action
shall be brought against the Register of Deeds of
Section 93. Contribution to Assurance Fund. Upon the the province or city where the land is situated
entry of a certificate of title in the name of the and the National Treasurer as defendants. But if
registered owner, and also upon the original such action is brought to recover for loss or
registration on the certificate of title of a damage or for deprivation of land or of any
building or other improvements on the land interest therein arising through fraud, negligence,
covered by said certificate, as well as upon the entry omission, mistake or misfeasance of person
of a certificate pursuant to any subsequent transfer other than court personnel, the Register of Deeds,
68

his deputy or other employees of the Registry, such Section 101. Losses not recoverable. The Assurance
action shall be brought against the Register of Fund shall not be liable for any loss, damage or
Deeds, the National Treasurer and other person deprivation caused or occasioned by a breach of
or persons, as co-defendants. It shall be the duty trust, whether express, implied or constructive
of the Solicitor General in person or by or by any mistake in the resurveyed or
representative to appear and to defend all such suits subdivision of registered land resulting in the
with the aid of the fiscal of the province or city expansion of area in the certificate of title.
where the land lies: Provided, however, that nothing
in this Decree shall be construed to deprive the Section 102. Limitation of Action. Any action for
plaintiff of any right of action which he may have compensation against the Assurance Fund by reason
against any person for such loss or damage or of any loss, damage or deprivation of land or any
deprivation without joining the National Treasurer interest therein shall be instituted within a period
as party defendant. In every action filed against the of six years from the time the right to bring such
Assurance Fund, the court shall consider the report action first occurred: Provided, That the right of
of the Commissioner of Land Registration. action herein provided shall survive to the legal
representative of the person sustaining loss or
Section 97. Judgment, how satisfied. If there are damage, unless barred in his lifetime; and Provided,
defendants other than the National Treasurer and further, That if at the time such right of action first
the Register of Deeds and judgment is entered for accrued the person entitled to bring such action was
the plaintiff and against the National Treasury, the a minor or insane or imprisoned, or otherwise
Register of Deeds and any of the other defendants, under legal disability, such person or anyone
execution shall first issue against such defendants claiming from, by or under him may bring the proper
other than the National and the Register of Deeds. action at any time within two years after such
If the execution is returned unsatisfied in whole or disability has been removed, notwithstanding the
in part, and the officer returning the same certificates expiration of the original period of six years first
that the amount due cannot be collected from the above provided.
land or personal property of such other defendants,
only then shall the court, upon proper showing, What is the condition sine qua non of a person who
order the amount of the execution and costs, or brings the action for damages against the Assurance
so much thereof as remains unpaid, to be paid Fund?
by the National treasurer out of the Assurance
Fund. In an action under this Decree, the plaintiff It is a condition sine qua non that the person who
cannot recover as compensation more than the fair brings the action for damages against the
market value of the land at the time he suffered the Assurance Fund be the registered owner and, as
loss, damage, or deprivation thereof. the holders of transfer certificates of title, that
they be innocent purchasers in good faith and
Section 98. General Fund when liable. If at any time the for value.
Assurance Fund is not sufficient to satisfy such In this case, it is already established that
judgment, the National Treasurer shall make up petitioner does not qualify as such.
for the deficiency from any funds available in
the treasury not otherwise appropriated. The LRA has no separate juridical personality
Under Section 100 of P.D. No. 1529, the Register of
Section 99. Subrogation of government to plaintiff's rights. Deeds, upon authority of LRA Administrator, is
In every case where payment has been made by the authorized to file an action to annul a certificate of
National Treasurer in accordance with the title erroneously or unlawfully issued. The LRC is a
provisions of this Decree, the Government of the mere agency of the government, unincorporated,
Republic of the Philippines shall be subrogated and with no separate juridical personality from that
to the rights of the plaintiff against any other of the Republic of the Philippines. (Eagle Realty v.
parties or securities. The National Treasurer shall Republic)
enforce said rights and the amount recovered shall
be paid to the account of the Assurance Fund. CHAPTER X
PETITIONS AND ACTIONS AFTER ORIGINAL
Section 100. Register of Deeds as party in interest. When REGISTRATION
it appears that the Assurance Fund may be liable for
damages that may be incurred due to the unlawful or
erroneous issuance of a certificate of title, the Section 107. Surrender of withhold duplicate certificates.
Register of Deeds concerned shall be deemed a Where it is necessary to issue a new certificate of title
proper party in interest who shall, upon authority of pursuant to any involuntary instrument which
the Commissioner of Land Registration, file the divests the title of the registered owner against his
necessary action in court to annul or amend the title. consent or where a voluntary instrument cannot be
registered by reason of the refusal or failure of the
The court may order the Register of Deeds to amend holder to surrender the owner's duplicate certificate
or cancel a certificate of title or to do any other act of title, the party in interest may file a petition in
as may be just and equitable. court to compel surrender of the same to the
Register of Deeds. The court, after hearing, may
order the registered owner or any person
69

withholding the duplicate certificate to surrender the after notice to all parties in interest, and may order
same, and direct the entry of a new certificate or the entry or cancellation of a new certificate, the
memorandum upon such surrender. If the person entry or cancellation of a memorandum upon a
withholding the duplicate certificate is not amenable certificate, or grant any other relief upon such terms
to the process of the court, or if not any reason the and conditions, requiring security or bond if
outstanding owner's duplicate certificate cannot be necessary, as it may consider proper; Provided,
delivered, the court may order the annulment of the however, That this section shall not be construed to
same as well as the issuance of a new certificate of give the court authority to reopen the judgment or
title in lieu thereof. Such new certificate and all decree of registration, and that nothing shall be done
duplicates thereof shall contain a memorandum of or ordered by the court which shall impair the title
the annulment of the outstanding duplicate. or other interest of a purchaser holding a certificate
for value and in good faith, or his heirs and assigns,
Remedy available when a person in possession of without his or their written consent. Where the
the owner’s duplicate certificate fails or refuses to owner's duplicate certificate is not presented, a
surrender the same: similar petition may be filed as provided in the
The court may order the annulment of said certificate preceding section.
and the issuance of new certificate of title in lieu
All petitions or motions filed under this Section as
thereof.
well as under any other provision of this Decree after
original registration shall be filed and entitled in the
Grounds for Section 107 original case in which the decree or registration was
1) where it is necessary to issue a entered.
new certificate of title pursuant
to any involuntary instrument GR: No erasure, alteration, or amendment shall be
which divests the title of the made upon the registration book after the entry of a
registered owner against his CT;
consent, and XPN: Upon order of the court based on the following
2) where a voluntary instrument permissible instances.
cannot be registered by reason
of the refusal or failure of the Grounds for the Amendment or Alteration of a
holder to surrender the owner's Certificate of Title
duplicate certificate of title. A registered owner or any other person having an
Court Action: may be filed as interest in registered property may file with the proper
an incident in an action RTC a petition for the amendment and alteration of a
affecting said title (e.g. action CT on any of the following:
for specific performance) 1) That the registered interest of any
description, whether vested,
Section 108. Amendment and alteration of certificates. No contingent, expectant or inchoate
erasure, alteration, or amendment shall be made appearing on the certificate; have
upon the registration book after the entry of a terminated and ceased;
certificate of title or of a memorandum thereon and 2) New interests not appearing upon the
the attestation of the same be Register of Deeds,
certificate have arisen or been creased;
except by order of the proper Court of First
3) That an omission or error was made in
Instance. A registered owner of other person having
an interest in registered property, or, in proper cases, entering a certificate or any
the Register of Deeds with the approval of the memorandum thereon, or, on any
Commissioner of Land Registration, may apply by duplicate certificate;
petition to the court upon the ground that the 4) That the same or any person on the
registered interests of any description, whether certificate has been changed;
vested, contingent, expectant or inchoate appearing 5) That the registered owner has been
on the certificate, have terminated and ceased; or married, or if registered as married, that
that new interest not appearing upon the certificate the marriage has been terminated and
have arisen or been created; or that an omission or no right or interests of heirs or
error was made in entering a certificate or any creditors shall be effected;
memorandum thereon, or, on any duplicate
6) That a corporation which owned
certificate; or that the same or any person on the
registered land and has been dissolved
certificate has been changed; or that the registered
owner has married, or, if registered as married, that has not convened the same within
the marriage has been terminated and no right or three years after its dissolution
interests of heirs or creditors will thereby be 7) Any other reasonable ground If the
affected; or that a corporation which owned reason is warranted, the court may
registered land and has been dissolved has not order the entry or the cancellation of
convened the same within three years after its such and grant and other relief or
dissolution; or upon any other reasonable ground; conditions requiring security or bond
and the court may hear and determine the petition as necessary.
70

Sec 109 RA 26
Who may file the petition: Juridical and Natural Issuance of new owner’s Applies only in cases of
persons duplicate certificates of reconstitution of lost or
a) A registered owner of other person having an title which are lost or destroyed original
interest in registered property stolen or destroyed certificates on file with
b) Corporation which owned registered land and the Register of Deeds.
has been dissolved has not convened the same
within three years after its dissolution The requirements for the replacement of a lost
duplicate certificate are:
 The registered owner or other person in
Section 109. Notice and replacement of lost duplicate interest shall send notice of the loss or
certificate. In case of loss or theft of an owner's destruction of the owner’s duplicate certificate
duplicate certificate of title, due notice under oath of title.
shall be sent by the owner or by someone in his
behalf to the Register of Deeds of the province or Where to send notice?
city where the land lies as soon as the loss or theft is Register of Deeds of the province or city where the
discovered. If a duplicate certificate is lost or land lies as soon as the loss or destruction is discovered
destroyed, or cannot be produced by a person
applying for the entry of a new certificate to him or  The corresponding petition for the
for the registration of any instrument, a sworn
replacement of the loss or destroyed owner’s
statement of the fact of such loss or destruction may
duplicate certificate shall then be filed in court
be filed by the registered owner or other person in
interest and registered. and entitled in the original case in which the
decree of registration was entered;
Upon the petition of the registered owner or other  The petition shall state under oath the facts and
person in interest, the court may, after notice and circumstances surrounding such loss or
due hearing, direct the issuance of a new duplicate destruction;
certificate, which shall contain a memorandum of  The court may set the petition for hearing, after
the fact that it is issued in place of the lost duplicate due notice to the Register of Deeds and all
certificate, but shall in all respects be entitled to like other interested parties as shown in the
faith and credit as the original duplicate, and shall memorandum of encumbrances noted in the
thereafter be regarded as such for all purposes of this original or transfer certificate of title on file in
decree.
the office of the Register of Deeds;
Section 110. Reconstitution of lost or destroyed original of  After due notice and hearing, the court may
Torrens title. Original copies of certificates of title lost direct the issuance of a new duplicate certificate
or destroyed in the offices of Register of Deeds as which:
well as liens and encumbrances affecting the lands a) shall contain a memorandum
covered by such titles shall be reconstituted judicially of the fact that it is issued in
in accordance with the procedure prescribed in place of the lost or destroyed
Republic Act No. 26 insofar as not inconsistent with certificate and
this Decree. The procedure relative to administrative b) shall in all respects be entitled
reconstitution of lost or destroyed certificate to the same faith and credit as
prescribed in said Act is hereby abrogated. the original duplicate.
Notice of all hearings of the petition for judicial
Reconstitution of Certificate of Title
reconstitution shall be given to the Register of Deeds
of the place where the land is situated and to the The restoration of the instrument which is supposed to
Commissioner of Land Registration. No order or have been lost or destroyed in its original form and
judgment ordering the reconstitution of a certificate condition, under the custody of the Register of Deeds.
of title shall become final until the lapse of thirty
days from receipt by the Register of Deeds and by Purpose of Reconstitution of Title
the Commissioner of Land Registration of a notice To have the same reproduced, after proper
of such order or judgment without any appeal having proceedings, in the same form they were when the loss
been filed by any of such officials. or destruction occurred. The reconstitution or
reconstruction of a certificate of title literally denoted
Section 109 of PD No. 1529 is the law applicable in restoration of the instrument which is supposed to
petitions for issuance of new owner’s duplicate have been lost or destroyed in its original form. It does
certificates of title which are lost or stolen or not resolve or determine the ownership of the land
destroyed. covered by the lost or destroyed title. Reconstitution is
proper only when it is satisfactorily shown that the title
This is the proper remedy when the duplicate title of is sought to be reconstituted is lost or no longer
the landowner is lost, not the reconstitution of the title. available. If it shows that a Certificate of Title which
was reconstituted was found that there was already a
71

previous certificate of title covering the same land in

the name of another person, the existence of the prior (f) Any other document which, in the
title ipso facto nullifies the reconstitution proceeding. judgment of the court, is sufficient and proper
basis for reconstituting the lost or destroyed
RA 26 certificate of title.
“An Act Providing a Special Procedure for
the Reconstitution of Torrens Certificates of
Titles Lost or Destroyed” 2. Section 3, RA No. 26
Confers jurisdiction or authority upon the Regional Transfer certificates of title shall be
Trial Court to hear and decide petitions for judicial reconstituted from such of the sources
reconstitution. hereunder enumerated as may be available, in
the following order:
Reconstitution of title, an action in rem
Xxx
It is one directed not only against particular persons,
but against the thing itself. Its object is to bar (d) The deed of transfer or other document,
indifferently all who might be minded to make any on file in the registry of deeds, containing the
objection against the right sought to be enforced, description of the property, or an authenticated
hence the judgment therein is binding theoretically copy thereof, showing that its original had been
upon the whole world. registered, and pursuant to which the lost or
destroyed transfer certificate of title was issued;
Validity and Legal Effect
(e) A document, on file in the registry of deeds,
It has the same validity and legal effect as the original by which the property, the description of
thereof, and is not subject to the reservation that it shall which is given in said document, is mortgaged,
be without prejudice to any party whose right or leased or encumbered, or an authenticated
interest in the property was duly noted in the original copy of said document showing that its original
at the time of loss or destruction but which entry or had been registered; and
notation has not been made on the reconstituted title.
(f) Any other document which, in the
Who shall file the petition for reconstitution judgment of the court, is sufficient and proper
(Section 12) basis for reconstituting the lost or destroyed
1. Registered owner certificate of title.
2. His assigns
3. Any person having an interest in the property Contents of the petition (Section 12)
Where to file the petition (a) that the owner’s duplicate of the certificate of title
 Proper RTC
had been lost or destroyed;
The petition is based on the following sources: (b) that no co-owner’s mortgagee’s or lessee’s duplicate
1. Section 2, RA No. 26 had been issued, or, if any had been issued, the same
had been lost or destroyed;
Original certificates of title shall be
reconstituted from such of the sources (c) the location, area and boundaries of the property;
hereunder enumerated as may be available, in
the following order: (d) the nature and description of the buildings or
improvements, if any, which do not belong to the
Xxx owner of the land, and the names and addresses of the
owners of such buildings or improvements;
(c) A certified copy of the certificate of title,
previously issued by the register of deeds or by (e) the names and addresses of the occupants or
a legal custodian thereof; persons in possession of the property, of the owners
of the adjoining properties and all persons who may
(d) An authenticated copy of the decree of have any interest in the property;
registration or patent, as the case may be,
pursuant to which the original certificate of title (f) a detailed description of the encumbrances, if any,
was issued; affecting the property; and
(e) A document, on file in the registry of deeds, (g) a statement that no deeds or other instruments
by which the property, the description of affecting the property have been presented for
which is given in said document, is mortgaged, registration, or, if there be any, the registration thereof
leased or encumbered, or an authenticated has not been accomplished, as yet.
copy of said document showing that its original
had been registered; and Notice by publication, posting, and mailing
(Section 13)
72

land, or the appurtenant interests in such areas, in

which the holders of separate interest shall
1. Notice of the petition shall be: automatically be members or shareholders, to the
a. Published twice in successive issues of the exclusion exclusion of others, in proportion to the
Official Gazette, appurtenant interest of their respective units in the
b. posted on the main entrance of the provincial common areas. In relation thereto, Section 10 of the
building and of the municipal building of the same law provides that the condominium corporation
municipality or city in which the land is situated, at least shall constitute the management body of the project.
thirty days prior to the date of hearing. Membership in the condominium corporation is
limited only to the unit owners of the condominium
2. A copy of the notice shall also be sent to every project.
person named therein whose address is known, at least
thirty days prior to the date of hearing which shall state: Administrative reconstitution, when availed of
a. the number of the lost or destroyed certificate
of title, if known, As stated in the law, the administrative reconstitution
b. The name of the registered owner, of lost or destroyed certificates of title may be availed
c. the names of the occupants or persons in of only in case of substantial loss or destruction of land
possession of the property, titles due to fire, flood or other force majeure as
d. the owners of the adjoining properties and all determined by the Administrator of the Land
other interested parties, Registration Authority, and on the further condition
e. The location, area and boundaries of the that:
property,
f. the date on which all persons having any (a) the number of certificates of title lost or damaged
interest therein must appear and file their claim or should be at least ten percent (10%) of the total
objections to the petition. number in the possession of the office of the Register
of Deeds; and
It is not enough that there is publication of the
notice in the Official Gazette. In addition, RA No. (b) in no case shall the number of certificates be less
26 decrees that such a notice be posted “on the than five hundred (500).
main entrance” of the corresponding provincial
capitol and municipal building, as well as served Duty of the LRA to prepare inventory
by mail or otherwise upon every person named in
the notice whose address is known. Failure to Immediately after the loss or destruction of titles to be
comply with such requirements will nullify the reconstituted, a true, complete and faithful inventory
decree of reconstitution. of all books, titles, documents, cash and property in the
Registry of Deeds concerned shall be prepared by the
Further, if the court fails to comply with the Land Registration Authority through the designated
publication and notice requirement, the court,acts reconstituting officer or Register of Deeds.
without or in excess of its jurisdiction in the case. As
the petition for reconstitution of title is a proceeding in Said inventory, duly signed and certified under oath by
rem, compliance with the requirements of RA No. the Administrator, shall be published in a newspaper
26 is a condition sine qua non for the conferment of general circulation in the province or city where the
of jurisdiction on the court taking cognizance of loss or destruction of titles occurred.
the petition.
Sources of reconstitution
RA 6732
An Act Allowing Administrative Reconstitution
of Original Copies of Certificates of Titles Lost 1. Section 2, RA 26 - Original certificates of title
or Destroyed Due to Fire, Flood, and Other shall be reconstituted from such of the sources
Force Majeure hereunder enumerated as may be available, in
(Amending Section 110 of PD 1529) the following order:
Section 2 defines a condominium and what it may
include. While a buyer purchases a unit in a (a) The owner's duplicate of the certificate of
condominium project for independent use or title;
ownership, his interests thereon are not limited to that
livable space but extends to the entire project itself. (b) The co-owner's, mortgagee's, or lessee's
These include the: duplicate of the certificate of title;
1. Facilities
2. Improvements Xxx
3. Infrastructures
4. Other forms of development (water supply,
lighting facilities) 2. Section 3, RA 26 - Transfer certificates of title
shall be reconstituted from such of the sources
RA 4726 sanctions the creation of a condominium hereunder enumerated as may be available, in the
corporation which is especially formed for the purpose following order:
of holding title to the common areas, including the
73

(a) The owner's duplicate of the certificate of Insofar as the administrative reconstitution of original
title; copies of certificates of title is concerned, RA No. 6732
provides for two remedies to an aggrieved party,
(b) The co-owner's, mortgagee's, or lessee's namely:
duplicate of the certificate of title;
(a) Appeal from the order or decision of reconstitution
Xxx issued by the Reconstituting Officer or Register of
Deeds to the LRA Administrator who may review,
Where to file revise, reverse modify, or affirm it under the first
 Registry of Deeds sentence of Section 9; and
Who may file Section 9 of RA No. 6732 provides for the review by the Land
 the registered owner, Registration Authority Administrator of any decision of the
 his assigns, or reconstituting officer or Register of Deeds, thus:
 other person, both natural and juridical, having
an interest in the property. “SEC. 9. The Land Registration Authority Administrator
may review, revise, reverse, modify or affirm any decision of the
Contents of the Petition reconstituting officer or Register of Deeds.
The petition shall be accompanied with the necessary Any appeal shall be filed within fifteen days from the
sources for reconstitution and with an affidavit of the receipt of the judgment or order by the aggrieved party.”
registered owner stating, among other things:
(b) Petition for review on the ground of fraud,
(1) That no deed or other instrument affecting the accident, mitake, or excusable negligence filed with the
property had been presented for registration, or, if proper court under Section 10.
there be any, the nature thereof, the date of its
presentation, as well as the names of the parties, and Section 10 provides for the remedy of a petition filed in the
whether the registration of such deed or instrument is “proper court” to set aside a decision granting reconstitution
still pending accomplishment; where the interested party was unjustly deprived or prevented from
taking part in the proceedings through fraud, accident, mistake
(2) That the owner’s duplicate certificate or co-owner’s or excusable negligence, thus:
duplicate is in due form without any apparent
intentional alterations or erasures; SEC. 10. Any interested party who by fraud, accident, mistake
or excusable negligence has been unjustly deprived or prevented
(3) That the certificate of title is not the subject of from taking part in the proceedings may file a petition in the
litigation or investigation, administrative or judicial, proper court to set aside the decision and to re-open the
regarding its genuineness or due execution or issuance; proceedings. The petition shall be verified and must be filed within
sixty days after the petitioner learns of the decision but not more
(4) That the certificate of title was in full force and than six months from the promulgation thereof.”
effect at the time it was lost or destroyed;
(5) That the certificate of title is covered by a tax

declaration regularly issued by the Assessor’s Office;
and
(6) That real estate taxes have been fully paid up to at

least two (2) years prior to the filing of the petition for
reconstitution.
Function of LRA to review and adjudicate
The Land Registration Authority (LRA) has the

jurisdiction to act on petitions for administrative
reconstitution. It has the authority to review, revise,
reverse, modify or affirm on appeal the decision of the
reconstituting officer. The function is adjudicatory in
nature –– it can properly deliberate on the validity of
the titles submitted for reconstitution.
Remedy of aggrieved party
A reconstituted title obtained by means of fraud, deceit

or other machination is void ab initio as against the
party obtaining the same and all persons having
knowledge thereof.
74

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What are the different types of land ownership in the Philippines?

What are the different types of land ownership in the Philippines?

What is the process of administrative reconstitution?

What is the process of administrative reconstitution?

FROM THE ANNOTATIONS OF AGCAOILI AND LECTURES OF ATTY PANES, MD

2) shall be based on the generally accepted

LAND TITLES AND DEEDS Jurisdiction

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

State, to a province, or to a city or a c) Alienable and disposable – agricultural

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Exception; native title Definition of mangrove swamps

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

early as 1909, before it was much later classified as

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Foreshore lands are non-registrable

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

4. Since the Amended JVA also seeks to transfer to RULING:

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

harvesting, extraction, development or exploitation of 2) simplify its transfer.

Land Titles and Deeds | VENTEROSO

1) furnish a shield for fraud 4) Tradition, as a consequence of certain

Laws governing land registration MODES OF ACQUIRING LAND TITLES

Land Titles and Deeds | VENTEROSO

preceding the filing of the application for  Extraordinary

Land Titles and Deeds | VENTEROSO

The choice of June 12, 1945 as the reckoning

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Ownership by right of accretion along river banks Dried up river beds

Land Titles and Deeds | VENTEROSO

covered by a Torrens title thereby making the

Land Titles and Deeds | VENTEROSO

Paris, April 11, 1899, as far back as the

Recognition of Native Title

Land Titles and Deeds | VENTEROSO

of Luzon, at least, for the want of ceremonies which

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

 Robert Richard Torrens, South Australia Laws governing land registration

Land Titles and Deeds | VENTEROSO

Land Titles and Deeds | VENTEROSO

Section 19. Jurisdiction in civil cases. – Regional Trial 4) MORTGAGES OR ENCUMBRANCES -

Land Titles and Deeds | VENTEROSO

Absent the new publication would result to a nullity CADASTRAL REGISTRATION

Land Titles and Deeds | VENTEROSO