(LECTURE MEETING 4) after lecture by Judge

LTD NOTES
PD 1529

Involuntary
Attachments - Sec 69
Sale on Execution for taxes Sec 74
Adverse Claim Sec 70
Sec 76

Interest is Adverse when: (REQUISITES)

1. Claimants right or interest on registered lands is adverse to the registered owners
2. Such right arose subsequent to the date of original registration
3. No other provision explained in the law (PD1529) for registration possessed by the same (SEC 70 SEC 151)

Formal Requisites of Adverse Claim of registration:

A. The adverse claimant must made the following in writing:
1. Alleged right or interest
2. How and under who such alleged right is acquired
3. Description of the land in which the right of interest is claimed
4. Certificate of Title number
B. Such statement must be signed and support before a notary public
C. Claimant must made his residence or place to which all notices shall be served upon him

July 5, 1996 CASE: Samonas vs. Court of Appeals definition of adverse claim
An adverse claim is a notice to third person that someone is claiming xxx

Heirs of Marasigan vs. IAC 152 SCRA 753 notice of lis piendens

Notice of Lis Piendens is proper in the following cases:

1. To recover possession of real estate
2. To quiet title thereto
3. To remove clouds upon the title thereof
4. For partition
5. Any other proceeding of any kind in court directly affecting the title to the land or the use or occupation thereof or the building thereon.

Lis piendens inapplicable for:

1. Recovery of money judgments
2. Attachments
3. Probate of fields or administration of the estate of the deceased person
4. Levies of execution
5. For personal??? Anek

Notice of lis piendens may be cancelled:

The notice of lis piendens may be cancelled before final judgment upon order of the court:
1. When it is shown that the notice is for the purpose of molesting the adverse party
2. When it is shown that it is not necessary to protect the right of the party who caused the registration thereof
3. Where the evidence so far presented by the plaintiff does not bear out the main allegations of the complaint
4. Where the continuances of the trial for which the plaintiff is responsible are unnecessarily delaying the determination of the case to the
prejudice of the defendant
5. Upon verified petition of the party who caused the registration (see AQUINO book)

DIFFERENCE OF VOLUNTARY AND INVOLUNTARY REGISTRATION:

Voluntary such as sale, mortgage, lease etc. if the Owners duplicate certificate is not surrendered or presented or if no payment of registration fees is
made within 15 days. Entry in the book of sales does not operate to convey the defect of the land sold

Involuntary such as attachments,levy upon execution, lies piendens etc. Entry thereof in the book is a sufficient notice to all persons of such adverse
claim

Levine vs. Bas

AFP vs. Santiago 156 46 2008 Case

SEC 51 &52 PD 1529

The act of registration is the operative act to convey and affect the land xx
Constructive registration xx

REGISTARTION OF DOCUMENTS INVOLVING UNREGISTERED LANDS

SEC 51 68
SEC 69 77
CADASTRAL PROCEEDINGS 35 - 38
93-102 (ADVERSE CLAIM)

SEC 113. RECORDING OF INSTRUMENTS RELATING TO UNREGISTERED LANDS

PURSUANT TO SEC 2 OF PD1529, REGISTARTION UNDER 3344 SHOULD HAVE BEEN BOUGHT UNDER TORRENS SYSTEM
RECORING UNDER 3344 DOES NOT BIND THIRD PERSONS DOUBLE SALE

SUB (A) 113.

- - - \\ SKIP CHATTEL MORTGAGE, CONDOMINIUM LAW / / - - -

CADASTRAL PROCEEDINGS
GOVERNMENT CASE VS. PRIMA (??) 1927 CASE ANSWER
*land already registered cannot be the subject of a cadastral proceedings, the rule also applies if the registered title is given as a homestead patent
*amendment of title of the land need publication

DOL vs. xx

Jurisdiction of Cadastral Courts

Rodriguez vs. ???

95 SCRA

Cadastral Proceedings (in rem) eviction of people occupying the land. Writ of possession
*defense, not notified - (people occupation of the land)

--- SEE CADASTRAL CASES MENTIONED SEE NOTEBOOK ---

LECTURE MEETING 5
ASSURANCE FUND
- Action when there are no action available
- General Fund assurance fund is short

103 LAND PATENTS

*Kinds of Patents
*Constitution citizen may acquire not more than 12 hectares
*HOMESTEAD PATENTS
*FREE PATENTS SEC 4 PUBLIC LAND ACT
period: December 21, 2020
*SALES PATENTS limitations, citizen of the Philippines (18 or head of the family)
private corporation (sales patents) yes?
Homestead?
Free?
Residential purposes not exceeding # hectares??
*SPECIAL PATENTS
READ PUBLIC LAND ACT - Restrictions

MIDTERMS:
RA 730 Sec 120-121-123 (RESTRICTIONS)
Sec 2 730