CAPITOL SUBD.

Vs PROVINCE OF NEGROS OCCIDENTAL The main purpose of the Torrens System is to avoid possible conflicts of title in and to real estate, and to facilitate transactions relative thereto giving the public the right to rely upon the face of Torrens certificate of title and to dispense with the of inquiring further, except when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry THREE MAIN PRINCIPLES A. The mirror principle The basis of this principle is that the register of title is a mirror which reflects accurately and completely the current facts that are material to title. With certain inevitable exceptions (ie exceptions to indefeasibility) the title is free from all adverse burdens, rights and qualifications unless they are mentioned in the register.3 The mirror ideal, that the register should reflect all facts and matters relevant to the title to a parcel of land has not been fulfilled in any Torrens jurisdiction. One is the mirror principle, which means the register correctly mirrors the information on the property's title; if the property is sold, the mirror principle ensures that the only information that is changed in the register is the landowner's name. B. The curtain principle The principle requires that the register is the sole source of information for intending purchasers. As the Privy Council has put it, the main object of the Act: is to save persons dealing with registered proprietors from the trouble and expense of going behind the register, in order to investigate the history of their authors title, and to satisfy themselves of its validity. 4 The curtain principle is usually expressed in individual Torrens statutes in terms that no notice of trusts is to be entered in the register book, thereby implying that they are of no concern to a disponee and it is everywhere expressly stipulated that a purchaser is not to be affected by notice of any trust. This does not mean that a fiduciary is allowed to escape from his obligations for, after registration, he holds the land upon the trusts and for the purposes for which the same is applicable by law although these equities are behind the impenetrable curtain of the register book. curtain principle, the certificate of title serves as the main proof of ownership, eradicating the need for lengthy documentation C. The insurance principle This principle provides that, if through human frailty (in the Registry), the mirror fails to give an absolutely correct reflection of the title and a flaw appears, anyone who thereby suffers loss must be put in the same position, so far as money can do it, as if the reflection were a true one.5 The insurance principle also involves a curative process. Since it is the State rather than the parties which effects the transaction, registration sometimes confers a better title than the transferor possessed so that a purchaser can acquire an indefeasible right, notwithstanding the infirmity of his authors title. Thus the insurance principle, properly understood and fully carried out, involves far more than that the owners title is guaranteed by the State. It means: not only that registration will be carried on literally as an insurance undertaking but also that it is the privilege of the Registrar, or the Commissioner, or other responsible

officer, on bringing land under the Act, to cure the title of known defects so far as he possibly can. It implies that the whole business of registration ought to be conducted with such an economy of public manpower, public time and public money that the saving which is achieved far outweighs any payment of compensation for errors or omissions which may become necessary from time to time. insurance principle, which financially protects the landowner against loss should the registrar make any mistakes in the proper registration of the property The certificate cannot always be considered as conclusive evidence of ownership. [36]In fact, mere issuance of the certificate of title in the name of any person does not foreclose the possibility that the real property may be under co-ownership with persons not named in the certificate, or that the registrant may only be a trustee, or that other parties may have acquired interest over the property subsequent to the issuance of the certificate of title. [37] Needless to say, registration does not vest ownership over a property, but may be the best evidence thereof. Original Certificate of Title- When the land has been adjudicated ad decreed in the name of its owner in a registration proceeding, the title that may be issued for the first time in pursuance to a decree is OCT

Transfer Certificate of Title- When the title is cancelled and replaced by another title, by reason of subsequent sale or transfer. All subsequent titles FREEDOM FROM LIENS AND ENCUMBRANCES Section 44. Statutory liens affecting title. Every registered owner receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted in said certificate and any of the following encumbrances which may be subsisting, namely: First. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record. Second. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of any right over the land by an innocent purchaser for value, without prejudice to the right of the government to collect taxes payable before that period from the delinquent taxpayer alone. Third. Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined. Fourth. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform. REOPENING Sec 53 PD 1529

Section 53. Presentation of owner's duplicate upon entry of new certificate. No voluntary instrument shall be registered by the Register of Deeds, unless the owner's duplicate certificate is presented with such instrument, except in cases expressly provided for in this Decree or upon order of the court, for cause shown. The production of the owner's duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument, and the new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith. In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud without prejudice, however, to the rights of any innocent holder for value of a certificate of title. After the entry of the decree of registration on the original petition or application, any subsequent registration procured by the presentation of a forged duplicate certificate of title, or a forged deed or other instrument, shall be null and void IMPRESCRIPTIBILITY Section 47. Registered land not subject to prescriptions. No title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. INSUSCEPTIBILITY OF COLLATERAL ATTACK Section 48. Certificate not subject to collateral attack. A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or canceled except in a direct proceeding in accordance with law. REGALIAN DOCTRINE- Section 2 Art. XII Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. EFFECTS: Native title and time immemorial possession-exceptions to Regalian Dcotrine Dominium-basis of Regalian Doctrine Ra 8371 (IPRA) 1997 Native titleTime immemorial Ancestral domains Ancestral lands Republic vs dela Paz Well settled is the rule that tax declarations and receipts are not conclusive evidence of ownership or of the right to possess land when not supported by any other evidence. The fact that the disputed property may have been declared for taxation purposes in the names of the applicants for registration or of their predecessors-in-interest does not necessarily prove ownership. They are merely indicia of a claim of ownership