Torrens System
Torrens System
hereditary succession (pwede ilipat sa anak) The primary distinction between a Transfer
No sale of the grant land within 10 years (mag- Certificate of Title and a Condominium
antay ng 10 years para ibenta) Certificate of Title is that the latter only
covers air space (unit number of a specific
CAN DISPOSE TO QUALIFIED floor in the condo). As a result, condo
BENEFICIARIES/INDIVIDUALS owners receive a Condominium Certificate
Famers who does’nt have a land of Title, while developers receive a Transfer
Filipino Citizens Certificate of Title.
18 years of age
DEED
REPUBLIC ACT NO. 6657 Comprehensive A deed is an instrument in writing by which any
Agrarian Reform Law (CARL) real estate or interest therein is created,
Section 27 of R.A. No. 6657, on the other hand, alienated, mortgaged, or assigned, or by which
provides that lands acquired by the beneficiaries title to any real estate may be affected in law or
under this Act may not be sold, transferred or equity.
conveyed except through hereditary succession,
or to the government, the Land Bank of the LAND REGISTRATION
Philippines (LBP), or other qualified beneficiaries A judicial or administrative proceeding whereby a
for a period of ten (10) years. person’s claim over a particular land is
SECTION 27. Transferability of Awarded Lands — determined and confirmed or recognized so that
Lands acquired by beneficiaries under R.A. 6657 may such land and the ownership thereof may be
not be sold transferred or conveyed within a period of recorded in a public registry.
ten (10) years except through hereditary succession,
or to the DAR or LBP, or to other qualified TORRENS SYSTEM; PURPOSES
beneficiaries; Provided, however, that the children or 1. Quiet title to land
the spouse of the transferor shall have a right to To silence any controversies due to you due
repurchase the land from the DAR or LBP within a issuance of your title.
period of two (2) years. Due notice of the availability of An Affidavit of Self-Adjudication is a
the land shall be given by the LBP to the BARC of the statement under oath by a sole heir (the
Barangay where the land is located. The Provincial “affiant”) where he declares that he is the
Agrarian Reform Coordinating Committee only heir of the deceased and is adjudicating
(PARCCOM), as provided by law, shall, in turn, be the entire inheritance to himself.
given due notice thereof by the BARC. pinapatotohanan na sayo lang ang lupa
This affidavit will create a “cloud”
If the land has not yet been fully paid by the encumbrances to the title.
beneficiary, the rights to the land may be transferred A cloud on title is
or conveyed. with prior approval of the DAR, to any a claim or encumbrance that affects
heir of the beneficiary or to any other beneficiary who, the ownership of a property and can
as a condition ;or such transfer or conveyance, shall potentially discourage future parties from
cultivate the land himself. Failing compliance purchasing it. These claims or
herewith, the land shall be transferred to the LBP encumbrances can arise
which shall give due notice of the availability of the from easements or mortgages on the land,
land in the manner specified in the immediately or they can arise from a defect in a deed or
preceding paragraph. a lien that may yield title to a third party.
In the event of such transfer to the LBP, the latter shall 2. Guarantee the integrity of land titles
compensate the beneficiary in one lump sum for the Guarantees the tenure over the title.
amounts the latter has already paid, together with the
value of improvements he has made on the land. 3. Avoid possible Conflicts
Future potential conflict.
Domain Titles issued by NCIP
NCIP - National Commission on Indigenous 4. Facilitate transactions relative thereto via
People
Through the Indigenous Peoples Rights Act MIRROR DOCTRINE
(IPRA), Certificate of Ancestral Domain certificate of title reflects or mirrors
Titles(CADTs) are issued to formally recognize accurately and completely the current facts
the rights of possession and ownership of about person's title.
Indigenous Cultural Communities/Indigenous Accurate description of the land
Peoples (ICCs/IPs) over their ancestral domains New title has to be identical to the real one
as identified and delineated in accordance with in terms of description of the land.
this law, while Certificate of Ancestral Land Titles It will reflect the details over time of
(CALTs) formally recognize the rights of ICCs/IPs the parcel of lands, over the condition
over their ancestral lands. of the land. It will provide the legal
implication over the transaction.
Condominium Certificate of Title (CCT)
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The Mirror Principle has TWO (2) Components THE EFFECT OF REGISTRATION
Mirror Doctrine
Certainty to the Identity of the Land Curtain Principle
the identity or metes and bounds of the land is Insurance or Guarantee Principle
accomplished through a survey;
are the boundaries of a parcel of real estate that Registration of title distinct from acquisition
identified by its natural landmarks. Metes and Registration under the Torrens System does not
bounds landmarks are often used in a “legal create or vest title
description” of a land. Legal description is the Not mode of acquiring ownership
geographical description of a land that identifies Any extra portion of land (ipacorrect)
its precise location, and is kept with the deed of Serves as a MERE evidence of acquiring
the land. ownership
this is a proof of the ownership but not
Certainty as to the Ownership of the Land guarantee that no one will claim
the identity of the landowners is ensured during This is open to challenge or impunity.
original registration proceedings, cadastral This is a conclusive proof of ownership.
registration proceedings, or through application
for a public land grant; the personal TORRENS SYSTEM; GENERAL PRINCIPLES
circumstances of applicants are secured during QUESTION
the proceedings A is the owner of a parcel of land. He is a widow but
(Pena, Registration of Land Titles and Deeds, 2008, has a legitimate son, B. A died, allowing B to succeed
p. 265-266). to the land. For this, he executied an
Extrajudicial Settlement of Estate which was duly filed
EXCEPTIONS TO THE MIRROR DOCTRINE: and registered, and eventually allowed B to have a
Purchaser acted in bad faith; new
When the purchaser or mortgagee is a Financing certificate of title registered in his favor.
institution;
When the purchaser is a Bank Upon knowing of the death of A, C and D surfaced
Where a person buys land not from the registered claiming to be illegitimate children of A and thus
owner BUT from one whose right to the land has entitled to a share in the land.
been merely Annotated on the Certificate of Title;
B said that a certificate of title had already been issued
5. Purchaser of land where the certificate of title in his favor and this already precludes claims of any
contains a notice of Lis pendens; (pending litigation) other person not named in the said certificate.
6. Sufficiently strong indications to impel closer Is B correct?
inquiry into the location, boundaries, and condition
of the lot; TORRENS SYSTEM; GENERAL PRINCIPLES;
QUESTION
The Curtain Principle (or Indefeasibility of Titles) A purchased a parcel of land with an area of 150 sq.
Conduct more inquiry, Historical meters and located in Malolos, Bulacan. A title over a
search will not be necessary. purchased lot. Upon issuance of a new title in his
The principle means that the current favor, instead of displaying an area of 150 square
certificate of title contains all the information meters, the title displayed an area of 200 square
about the title and it is not necessary for an meters.
interested person such as a potential
purchaser to worry about any past dealings Does A now own the extra 50 square meters?
with the property.
(Sps. Cusi vs. Domingo, G.R. No. 195825, February Nature of land proceedings:
27, 2013). A proceeding in rem Judicial Proceeding
Voluntary
EXCEPTIONS Institute for yourself not the court
(1) When the party concerned has actual knowledge
of facts and circumstances that should impel a NATURE OF TORRENS TITLE
reasonably cautious man to make further inquiry; or It cannot be subject to a collateral attack.
(2) Where there is fraud. Direct attack
“Counterclaim is a complaint can
The Insurance or Guarantee Principle be consider a direct attack to the
The principle means that an insurance fund is in validity of the Torrens title.”
place to compensate anyone who suffers as a Enforceable within the whole world.
result of a mistake being made concerning the Judicial tribunal – Does not implement
validity or accuracy of a title (Sec. 95, P.D. 1529). “moto propio” doctrine.
Is in place to compensate for anyone who
suffers because of mistakes. (human error) Cannot be subject to a collateral attack:
Any issue to its validity, it must be brought
3 IMPORTANT PRINCIPLES ON to it directly. There must be an
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