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LAND TITLE evidence of right of owner or extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment of
property
DEED instrument in writing which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be affected in
law or equity
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
TYPES OF ESTATES:
1. FREEHOLD ESTATE indicates title of ownership
a. Fee simple absolute title; conferred without limitation, qualification or
restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
RECORDING does not guarantee the title; need to examine other docs
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the
system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours
instead of a matter of days
PURPOSE OF TORRENS LAW: quiet title to land once registered, owner might rest secure
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
GENERAL DEFAULT
If no person appears and answers within time prescribed
SPECIAL DEFAULT
Party appears at initial hearing without having filed an answer and ask court for
time to file answer but failed to do so within period allowed
JUDGMENT decision of court constituting its opinion after taking into consideration the
evidence submitted
5
CIVIL LAW (LAND TITLES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
WRIT OF POSSESSION order to sheriff to deliver the land to the successful party litigant;
no prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
RES JUDICATA:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title
court to order Land registration Admin to issue decree of registration and
certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT
signed by Administrator, entered & file decree of registration in LRA
4. Send to Register of Deeds original & duplicate of title & certificate for entry in
his registration book
5. Enter in record book, dated, signed, numbered & sealed take effect upon date
of entry
6. Register of Deeds to send notice to registered owner ready for delivery after
payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom
it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order
ANNOTATIONS AT BACK OF CERTIFICATE need court order; otherwise null & void
OPERATIVE ACT registration by owner; deed not registered binding only between
parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with
Register of Deeds
a. Owners duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer 1 copy additional for city/provincial assessor
2. Register of Deeds shall make a memorandum on the certificate of title, signed by
him
3. Issue TCT
VOLUNTARY DEALINGS
Need to present title to record the deed in registry & to make memorandum on
title
INVOLUNTARY DEALINGS
No presentation required; sufficient that annotation in entry book is sufficient
2. Enter in order of reception all deeds & voluntary instruments, write &
processes re land -Year, month, day, time, minute of reception of instrument;
Registered from time of entry
3. Fees of 5 bucks per document to be paid within 15 days
4. Note memorandum & sign & issuance of certificate
5. Documents are numbered & indexed & indorsed with reference to certificate
of title public records
6. Subject to reasonable regulation
KINDS:
1. Conventional agreed upon by parties
2. Legal Created by operation of law
3. Judicial results from a judgment
4. Equitable pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
2. Real right attaches to property wherever it is & whoever holds it
3. Accessory presupposes existence of valid principal obligation; cannot stand
alone
4. Indivisibility even if debt is divisible; mortgage is not
5. Inseparability mortgage lien is inseparable from property
6. Retention of possession - mortgagor retains possession
c. Register of Deeds shall enter upon original certificate of title & upon
duplicate a memorandum date, time of filing, signature, file number
assigned to deed
d. Register of Deeds to note on deed the date & time of filing & reference to
volume & page of registration book in which it was registered
3. No duplicate need be issued
SUBJECT MATTER
Real property plus all its accessions unless contrary is stipulated
Future property without legal effect
Future improvements deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid
FORMS:
1. Private document void & inexistent
2. Public instrument but not recorded binding between parties but not 3rd persons
without notice
3. Public document & registered valid & binding to 3rd parties
FORECLOSURE
1. JUDICIAL
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not
paid from date of service, property be sold at public auction
c. Notice & Publication
d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
f. File with Register of Deeds final decree of court confirming sale
g. Memo entered in certificate of title
h. If right of redemption exist, certificate of title of mortgagor not to be
cancelled but memorandum shall be entered upon the certificate
duplicate & original
i. After expiry of 1 year redemption period & no redemption, title is
consolidated to new owner
j. Purchaser to be entitled to new certificate of title & memorandum
endorsed on mortgage deed
k. If there is redemption, memorandum to be annotated on certificate of title
2. EXTRA-JUDICIAL
Allowed only if stipulation between party authorizes extra-judicial
foreclosure
Cannot be made legally outside of city where land lies
Publication required: post notices for 20 days in 3 public places where
property lies & if property is more than P400.00, publication must be for 3
consecutive weeks in news paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for
loans not exceeding 3,000.00
Registration of sale in Register of Deeds:
a. Deed of sale must be supported by certificate of sheriff that said
sale was conducted accordingly stating the date, time, place of
sale, names of creditor & debtor, description of property, name of
highest bidder, selling price
b. Present in Register of Deeds where land lies
c. Memorandum on back of certificate is made
d. After expiration of 1 year of redemption period title is
consolidated if no redemption exercised: purchaser to file with
Register of Deeds the deed of sale & sworn statement attesting to
fact that there is no redemption
e. New certificate of title issued in favor of vendee
f. If redeemed notice of redemption shall be registered &
accomplished by way of memorandum on proper certificate of title
RIGHT OF REDEMPTION
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
To be exercised within 1 year after registration of sale
DEED OF MORTGAGE:
Requires only description to enable parties & other persons to identify the
subject matter
EFFECT OF REGISTRATION:
1. Creates a lien attaches to the property whoever holds it; binding on
subsequent purchasers
2. Constructive notice
ASSIGNMENT OF MORTGAGE
No need to be registered, permissive only & not mandatory
FORECLOSURE OF MORTGAGE
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places in municipality where
property is to be sold designating the time, place and purpose of sale
11
CIVIL LAW (LAND TITLES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
LEASE one of parties deliver possession of property to another who is obliged to pay
rent for use of such property
REGISTRATION OF LEASE
1. File with Register of Deeds the instrument creating lease together with Owners
Duplicate of certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
EFFECT OF REGISTRATION:
rd
1. Creates a real right but without prejudice to rights of 3 persons
2. If not registered valid as between parties but not to 3rd persons without notice
ALIENS:
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
TRUST obligation of a person to whom legal title to property is transferred to hold the
property according to confidence reposed in him
2 KINDS:
1. Expressed need to be in writing; cannot be proved by parole evidence
2. Implied exist by operation of law; can be proved by parole evidence
a. Property is bought but paid by another party
b. Donation is made but donee have no beneficial interest thereon
c. Price of sale of property is loaned & conveyance is made to lender to
secure fulfillment of loan
d. Land passes by succession to a person but legal title is put in anothers
name
e. 2 persons purchase property but placed only in ones name
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud
REGISTRATION OF TRUST
1. Sworn statement claiming interest by reason of an implied trust with description
of land & reference to number of certificate shall be registered in Register of
Deeds
2. Provided not prohibited to do so by instrument creating the trust
ATTACHMENT
A writ issued at the institution or during progress of an action commanding the
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
demands of the plaintiff
Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
1. EXECUTION SALE
To enforce a lien of any description on registered land, any execution or
affidavit to enforce such lien shall be filed with Register of Deeds where
land lies
Register in registration book & memorandum upon proper certificate of
title as adverse claim or as an encumbrance
To determine preferential rights between 2 liens: priority of registration of
attachment
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the
government
In personam (all persons interested shall be notified so that they are
given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local
dialect & posted in a public & conspicuous place in place wherein
property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend
their rights: due process must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once
the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
ADVERSE CLAIM
1. Make a statement in writing setting forth alleged interest, from whom acquired,
how acquired, no of certificate of land, name of registered owner, description of
land in which right/interest is claimed signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same
claimant
PURPOSE: keep subject matter within the power of the court until the entry of final
judgment
Therefore creates merely a contingency & not a liens
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in dispute during the pendency of the suit
may be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles
to be issued
PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to
be filed with Register of Deeds
Each owner to gave separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of title
entered in his name upon presentment of order confirming sale
2. EXTRAJUDICIAL
a. Decedent died intestate
b. No debts
c. Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of
Deeds
If disagree with each other, file in court ordinary action for partition
If there is only 1 heir, may adjudicate to himself entire estate via
affidavit to be filed with Register of Deeds
If there is movables involved, bond to be filed equivalent to value
of property as certified under oath by parties conditioned upon
payment if any just claim which may be filed by creditor within 2
years after distribution
Publication in newspaper of general circulation for 3 weeks; not
binding to those without notice
Final after 2 years
operative act by which State transfers title; created to relieve innocent persons
from harshness of doctrine that certificate of title is conclusive evidence of an
indefeasible title to land.
Money shall be under custody of the National treasurer; invest it until P+I
aggregates to 500,000, excess shall be paid to the Assurance Fund; annual
report of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered
actual damage by loss of land; in short he is deprived of his land or interest
therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff
to go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing
fund
If fund is not sufficient, National Treasurer is authorized to make up for
deficiency from other funds available to Treasury even if not appropriated
What corrections are permitted in title (which does not include lands
included in original; technical description as long as original decree of
registration will not be reopened and rights or interest of persons not
impaired; old survey was incorrect; substitution of name of registered
owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes
OFFENSES:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or
imprisonment of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
a. Forging of seal in Register of Deeds, name, signature or handwriting of
any officer of court of Register of Deeds
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons authorized to sign
d. Use of any document which an impression of the seal of the Register of
Deeds is forged
5. Fraudulent sale: sale of mortgaged property under the misrepresentation that it
is not encumbered; deceitful disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court
PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does
not take effect as conveyance if unregistered, it is registration which is operative
act of conveying land; evidence of authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the
purview of the Torrens system
FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds
does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may
be leased from government.
DIRECTOR OF LANDS
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other
than error of judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
20
CIVIL LAW (LAND TITLES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes
the applicant with tolls plus cash allowance to enable him to cultivate
PATENT
RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed
already
4. No corporation, partnership, association may acquire unless solely for
commercial, industrial, educational, religious or charitable purpose or right of way
subject to consent of grantee & approval of Secretary of Natural resources
EXCEPTIONS:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
HOMESTEADER
If he dies, succeeded by heirs in the application
PURPOSE:
Another means to bring lands under operation of Torrens System
Ordinary registration is slow for lack of initiative on part of landowners, innovation
was conceived to hasten and accelerate registration
Government initiates that all lands within a stated region are up for registration
whether or not owners are interested to settle their titles
NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
Compulsory
22
CIVIL LAW (LAND TITLES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
PROCEDURE:
1. CADASTRAL SURVEY
In opinion of Phil president pursuant to requirement of public interest, title
of land within a specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands & to gen public
of day of survey published in OG and posted in conspicuous place on
lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2. FILING OF PETITION
After survey and plot been made, Director represented by Sol Gen
institutes cadastral proceeding by filing petition in court against holders,
claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of
general circulation & copy mailed to person whose address is known &
other copies posted in conspicuous place designated bylaw
4. FILING OF ANSWER
Any person claiming interest in any part of lands subject to petition is
required to file answer
Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant no of years in possession
f. If not in possession state interest claimed
g. If assessed of taxation assessed value
h. Any encumbrances affecting said lots
5. HEARING OF CASE
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6. DECISION
Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of
such certificate
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER
POSSESSION
Provisions of land registration act applicable to cadastral proceedings