LTD MCQ

1. The real purpose of the Torrens system of registration is

To quiet title to land

2. The Regalian doctrine embodies the concept that

All lands not clearly within private ownership presumptively belong to the State

3. In what instances may first level courts exercise jurisdiction to hear land registration cases?
Where the land is not contested, or even if contested, has an assessed value not exceeding 100,000

4. Opposition to an application for registration of the title must be based on the right of dominion or
some other real right opposed to the adjudication of the ownership of the applicant. The following
may properly interpose an opposition
A homesteader who has not yet been issued his title but has fulfilled all the conditions required by law for the issuance
of patent

5. PD 892, dated 16 February 1976, has outlawed Spanish titles as evidence of ownership in registration
cases. However
Such a title is absolutely barred without if’s or but’s

6. Prevailing jurisprudence states that Section 14(1) of PD 1529 merely requires that the land sought to
be registered is already alienable and disposable at the time the application for registration is filed. The
basis for the rule is that
It is only when the land is classified as A and D that the State is deemed to have abdicated its exclusive prerogative
over the land

7. The function of the Register of Deeds to register instruments affecting registered land is ministerial.
Accordingly,
His duty is to register the instrument without prejudice to a determination of its validity before the proper forum
afterwards

8. Registration is not a mode of acquiring ownership. It is simply a procedure

To establish proof of one’s claim of ownership in the land

9. Registration under the Torrens system is a proceeding in rem. This means that
All interested persons are notified of the proceedings and have a right to appear in opposition to the application for
registration

10. Only alienable and disposable lands of the public domain may be the subject of alienation. The
following may be considered sufficient to show the prior classification of the land as A and D
An executive proclamation withdrawing from a reservation a specific area and declaring the same open for entry, sale or
other mode of disposition

11. Submerged lands, when already reclaimed from the sea

Become alienable and disposable upon a positive act of the government

12. One of the distinguishing marks of the Torrens system is the absolute certainty of the identity of a
registered land. Hence, for purposes of registration, and in line with prevailing jurisprudence,
The survey plan and technical description must be approved by the LRA

13. When is a right to property deemed vested?

When the right to its enjoyment, present or prospective, has become the property of a particular person
14. The notice of initial hearing must be published both in the OG and in a newspaper of general
circulation; however, the law provides that publication in the OG shall be sufficient to confer
jurisdiction upon the court. Pedro, as applicant, believes that there is on need to publish the notice in
the newspaper anymore.
Pedro is wrong because publication in the newspaper is part of procedural due process

15. Pedro applied for the registration of Lot X, The government opposed. After trial, judgement was
rendered in favor of Pedro. The judgment became final. Thereafter, Pedro sold the land to Jose. Can
the government appeal the judgment?
No, because the land is now transferred to a third person

16. Section 23 of PD 1529 provides: the court shall, within five days from filing of the application, issue
an order setting the date and hour of the initial hearing which shall not be earlier than 45 days nor
later than 90 days from the date of the order. The court in an order dated 13 Jun 2009 set the initial
hearing of the case on 25 Sep 2009. After trial, the court rendered judgment in favor of the applicant.
On appeal, the OSG contends that the notice of initial hearing is defective and/or it did not vest the
trial court with jurisdiction over the case
The OSG is not correct since the issuance and publication of the notice of initial hearing involve a process in which the
applicant has no participation

17. Amendments to the application for registration may be allowed. However,

It is not permissible to make amendments after the registration of the property has been decreed except upon order of the
court

18. Pedro applied for the registration of land containing 1,000 sq m. He bought the adjoining lot with an
area of 20 sq m. To bring the additional area under the Torrens system, what must Pedro do?
He must amend his application to include the additional area subject to the requirements of publication

19. Overt acts of possession to show claim of ownership may consist in introducing valuable
improvements on the property like fruit-bearing trees. In Republic v CA and Chavez, the Court held
that in a practical and scientific way of planting,
It takes only ten years for mango trees and five years for coconut trees to begin bearing fruit

20. The capacity to acquire private land is determined by

Capacity to acquire public land

21. In determining the sufficiency of the evidence in a registration case, the SC generally may not re-
evaluate the findings of fact of the lower courts. The recognized exceptions are:
(a) When the findings of fact are conclusions without citation of specific evidence on which they are based
(b) When the appellate court in making its findings went beyond the issues in the case

22. The Civil Code provides that accretion belongs to the owners of the land adjoining the banks of the
river. It is, however necessary that the accretion
Is made through the effects of the current of the water

23. What is the concept of ownership of ancestral domains?

Ancestral domains are the private but community property of indigenous peoples

24. Under the IPRA, registration under the Torrens system of individually owned ancestral land requires
Possession for not less than 30 years immediately prior to the approval of the law on 29 Oct 1997

25. The primary purpose of cadastral proceedings is

To settle and adjudicate title to lands
26. Section 22 of PD 1529 allows land subject of registration to be dealt with after the filing of the
application and before the issuance of decree subject to prescribed procedures. In case of sale, for
instance, it is required
That the instrument evidencing the transaction be presented to the court for appropriate consideration

27. The duty of the LRA Administrator to issue a decree of registration is ministerial, the reason being
that
He is an officer, and acts upon order, of the court

28. To avail of a petition for review,

The property has not passed to an innocent purchaser for value

29. Actions for reversion shall be instituted by the Solicitor General in the name of the Republic of the
Philippines. Reversion is proper where the defendant’s title covers
Land consisting of alluvial deposits caused by the action of the sea

30. Recovery from the Assurance Fund is possible

When plaintiff is deprived of any interest in land on account of brining land under the Torrens system

31. When the deed of sale presented for registration is forged,

The registered owner does not lose his title to the land

32. The burden of proving the status of a purchaser in good faith is discharged
By one who asserts that status

33. Jose forged the signature of the registered owner, Pedro, in a deed of sale purportedly made by the
latter in favor of Mario who paid the full purchase price thereof. Is Mario a buyer in good faith?
No, because the forged deed does not convey any valid title

34. Pedro sold registered land to an alien. The sale was not registered. Realizing that the sale is prohibited,
Pedro seeks to recover the land from the alien vendee. Will the action prosper?
Yes, because the prohibition is designed for the protection of the Filipino vendor

35. Lot X is registered in the name of Pedro, married to Maria. Pedro sells the land to Jose without the
written consent of Maria. May the Register of Deeds refuse registration?
Yes, because the sale does not bear the signature of Maria who is presumed to be a co-owner of the land

36. A homesteader is prohibited from alienating the homestead within five years from the issuance of the
patent pursuant to Section 118 of the Public Land Act. Which of the ff situations is not covered by
the prohibition?
None of the given

37. Pedro is the registered owner of land. Minerals are discovered underneath the property. Who has the
right to exploit the minerals?
The government has the absolute right to exploit the minerals

38. Lis pendens refers to the jurisdiction, power or control which a court acquires over the property
involved in a suit, pending the continuance thereof and until final judgment. The purpose of a notice
of lis pendens is
To advise third persons who purchase the property that they do so at their peril

39. To be valid and effective, a notice of lis pendens must be

Annotated on the original duplicate certificate of title on file with the Register of Deeds
40. May an adverse claim of ownership based on prescription and adverse possession be registered over
registered land?
No, because title to registered land is imprescriptible

41. An adverse claim is effective for 30 days from date of registration. To render the adverse claim functus
officio,
The interested party should file a petition in court for the cancellation of the adverse claim

42. Reconstitution denotes reconstruction of a lost or destroyed original certificate of title. The term ‘any
other document’ as a source of reconstitution may include
None of the above

43. Petitioner Gan Tan, a Chinese citizen, lost his Torrens title when his house was burned in 95. He filed
a petition for reconstitution in 2004. The court denied the petition on the basis of a bid certification
submitted by the OSG that petitioner is a Chinese, hence his title is null and void. In case Gan appeals,
how should the case be resolved?
Reconstitution should be ordered because a Torrens title cannot be collaterally attacked

44. Pedro files a petition for administrative reconstitution but it appears from official records that subject
property is already covered by an existing Torrens title in the name of Lim. Investigation disclosed
that Lim is a Chinese, hence his title is obviously void. What are the options open to LRA?
The LRA should dismiss Pedro’s petition pending the filing by the OSG or the competing claimant of an action before
the RTC for the cancellation of Lim’s title.

45. OCT 1234 was decreed in the name of Pedro, married to Lita. Because of the loss of the original copy
of the title, Pedro petitioned the court for reconstitution. During the pendency of the case, Lita died.
Assuming that the petition is substantiated, what action should the court take? The court should issue
an order of reconstitution
In the name of Pedro, married to Lita

46. If the Register of Deeds is unsure whether or not an instrument affecting registered land is registrable,
what should he do?
He should himself refer the matter to the LRA for the determination of the issue

47. Is the purchase by a Dutch national of a residential unit in a townhouse project constituted under the
Condominium Act valid?
(a) No, because aliens, whether individuals or corporations are disqualified from acquiring public lands, hence, they
are also disqualified from acquiring private lands
(b) Yes, because for as long as 60% of the members of the condominium corporation are Filipinos, the remaining
members can be foreigners

48. The owner or dealer who has been issued a registration certificate is not authorized to sell any
subdivision lot or condominium unit in the registered project unless he shall have first obtained a
license to sell the project. The absence of the license to sell
Subjects the condominium developer and its officers civilly and criminally liable for the violation

49. If only a portion of the land covered by a certificate of title is conveyed by the owner, and the deed
of conveyance is presented for inscription, what action should the Register of Deeds take?
(a) He shall annotate the deed by way of memorandum on the grantor’s certificate of title, original and duplicate, to
serve as notice to third person
(b) He shall not enter any transfer certificate to the grantee until a plan of the land showing all the portions or lots into
which it has been subdivided shall have been verified and approved
50. Pedro decides to sell his property to Jose only to discover the loss of his owner’s duplicate certificate
of title covering the same. What initial recourse should Pedro take?
Send a notice under oath to the Register of Deeds of the province or city where the land lies as soon as the loss is discovered

51. In 1995, Pedro, a natural-born Filipino, bought an agricultural land from Jose who has been in
possession thereof as owner since 1942. Pedro migrated to Canada where he acquired Canadian
citizenship. He came back to the Philippines in 2010 and applied for the registration of the land which
is now industrial in character. The government opposed alleging that since Pedro is now an alien he
is. Not qualified to apply for registration. Is the opposition tenable?
No, because the land at the time of its acquisition by Pedro is deemed already a private land

52. Titles generated pursuant to the agrarian reform program form an integral part of the system of
property registration and ownership. Who has jurisdiction over cases involving the cancellation of
registered emancipation patents, certificates of land ownership awards, and other titles issued under
the agrarian reform program?
The Secretary of Agrarian Reform

53. In an action for specific performance, the court upheld the sale of the property to the plaintiff and
ordered the defendant vendor to comply with the terms and conditions of the contract. Can plaintiff,
in the same case, ask the court to compel defendant to surrender the duplicate certificate of title to
the Register of Deeds for the registration of the sale?
Yes, this being a necessary incident in the main case

54. Pedro filed a complaint for specific performance against Jose to compel the latter to comply with his
contractual obligation to sell to the former the subject property. The court ruled in favor of Pedro
and directed Jose to surrender his owner’s duplicate certificate of title to the Register of Deeds for
cancellation and issuance of anew title to Pedro. Mario, a mortgagee, intervened and objected, alleging
that the issuance of title to Pedro will substantially impair his rights and interest as a mortagee. Is
Mario’s objection valid?
No, since any lien annotated on Jose’s certificate of title shall be carried over to the new transfer certificate of title to
Pedro

55. To secure a loan, Pedro mortgaged his titled property to the bank. The mortgage was annotated on
the title. Subsequently, Jose, claiming prior right of ownership, brought suit in the RTC to quiet title
and to nullify Pedro’s title. A notice of lis pendens was annotated on Pedro’s title. For failure of Pedro
to pay his loan, the bank foreclosed and was the successful bidder at auction. Meantime, the RTC
rendered judgment nullifying Pedro’s title as well as the mortgage to the bank. The bank claims that
it is a mortgagee and buyer in good faith. Is the bank correct?
Yes, because any subsequent lien or encumbrance annotated at the back of the title cannot affect the mortgage previously
registered