Land Titles and Deeds Reviewer
Land Titles and Deeds Reviewer
Land Titles and Deeds Reviewer
Title is defined as the lawful cause or ground of possession that which is ours. It is the foundation of ownership of
property, real or personal.
Certificate of Title is regarded as mere evidence of ownership and is not the “title” to the land itself. Under the
Torrens system, a “certificate of title” may be an Original Certificate of Title (OCT) which constitute a true copy of the decree of
registration or a Transfer of Certificate of Title (TCT) subsequent to the original registration.
The proceeding for the registration of land under the Torrens system is judicial. It is clothed with all the forms of an action
and the result is final and binding upon all the world. It is an action in rem.
After the registration is complete and final and there exists no fraud, there are no innocent third parties who may claim
an interest. The rights of the world are foreclosed by the decree of registration. The government assumes the burden of giving
notice to all parties. To permit persons who are parties in the registration proceedings (and they are all the world) to again litigate
the same questions, and to again cast doubt upon the validity of the registered title, would destroy the very purpose and intent of
the law.
1
Carabot vs. CA
2
Republic vs. IAC
3
Quimson vs. Suarez
4
Anderson vs. Garcia
The registration does not give the owner any better title than he had. The title once registered, with very few
exceptions, should not thereafter be impugned, altered or diminished, except in some direct proceeding permitted by law. A
registered title cannot be altered in a collateral proceeding and not even by a direct proceeding, after the lapse of the period
prescribed by law.
Mirror Doctrine
Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefor
and is in no way obliged to go beyond the certificate to determine the condition of the property.
In the absence of any suspicion, is not obligated to look beyond the certificate to investigate the titles of the seller.
Curtain Principle
Synonymous to the Mirror Doctrine one does not need to go beyond the certificate of title because it contains all the
information about the title of its holder which dispenses with the need of proving ownership.
Modes of Acquiring Ownership legal means by which dominion or ownership is created, transferred or destroyed.
5
Time immemorial refers to a period of time which is as far back as memory can go but not beyond the pre-
Spanish conquest.