LAND TITLE AND DEEDS chapter 1

Sec. 1-2
CONCEPT OF JURA REGALIA
-Refers to royal rights or those rights which the king has by virtue of his prerogatives.
-The capacity of the State to own or acquire property is the State’s power of dominium.
-The Spanish Government took charge of distribution the lands by issuing royal grants and concession to
Spaniards.
-Regalian doctrine enshrined in the present and previous constitution

The Doctrine does not negate “native title”

Cruz v. Secretary of DENR
Petitioners challenged the constitutionality of R.A. No. 8371 or the Indigenous People Rights Act of 1997
(IPRA) on the ground that it amounts to an unlawful deprivation of the State’s ownership over lands of
public domain and all other natural resources therein.
-However after deliberation the voting remained the same. Accordingly pursuant to Sec. 7 Rule 56 of the
Rules of Court, the petition was dismissed and the validity of the law deemed upheld.
JUSTICE KAPUNAN: Regalian theory does not negate native title to lands held in private ownership since
time immemorial. (Carino v. Insular Government) the decision therewith institutionalized the recognition
of the existence of native title to land, or ownership of land by Filipinos by virtue of possession under the
claim of ownership since time immemorial and independent of any grant from Spanish Crown, as an
exception to the theory of jura regalia.

BACKGROUND OF THE TORRENS SYSTEM OF REGISTRATION

-Sir Robert Torrens
-In the torrens system, title by registration takes the place of “title by deeds” of the system under the
“general law”
- TORRENS SYSTEM are generally meant those systems of registration of transactions with interest in
land whose declared object is, under governmental authority, to establish and certify to the ownership of
an absolute and indefeasible title to realty, and to simplify its transfer.
PURPOSE OF TORRENS SYSTEM
-To quiet title to land; to put stop forever to any question of the legality of the title, except claims which
were noted at the time of the registration, in the certificate, or which may arise subsequent thereto.
-The right of all the world are foreclosed by the decree of registration.
-The certificate in the absence of fraud, is the evidence of title and shows exactly the real interest of its
owner.
-Aims to decree a land title that shall be final, irrevocable, and indisputable.
-The registration either relieves the land of all known as well as unknown claims absolutely, or it compels
the claimants to come into court and to make there a record, so that thereafter there may be no
uncertainty concerning either the character of the extent of such claims.
 REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP
-It is merely evidence of such title over a particular property.
-Knowledge of a prior transfer of a registered property by a subsequent purchaser makes him a
purchaser in bad faith---- vitiates his title
-The registration of lands of the public domain under the torrens system do not convert it into private
lands
ADVANTAGES OF TORRENS SYSTEM
a) Substituted security for insecurity
b) Reduced the cost of conveyances from pounds to shillings and the time occupied from months to days.
c) Exchanged brevity and clearness for obscurity and verbiage
d) Simplified ordinary dealings
e) Affords protection against fraud
f) Restored to their just value many estates, held under good holdings titles, but depreciated in
consequences of some blur or technical defect, and has barred reoccurrence of any similar faults.

-To avoid possible conflicts of title to real estate and to facilitate transactions relative thereto by giving
the public the right to rely upon the face of a torrens certificate of title and to dispense with the need of
inquiring further except when the party concerned has actual knowledge of facts and circumstances that
should impel a reasonable cautious man to make such further inquiry.
-Outright cancellation would be t impair public confidence in the certificate of title.
View of past and present legislation on land registration (refer to book)

REGISTRATION UNDER THE TORRENS SYSTEM IS A PROCEEDING IN REM

- A proceeding is in rem when the object of the action is to bar indifferently all who might be minded to
make an objection of any sort against the right sought to be established and if anyone in the world has a
right to be heard on the strength of alleging facts which, if true show an inconsistent interest.
-Personal notice to all claimants of the res is not necessary.
RTC have exclusive jurisdiction over land registration cases
-Conferred by Sec. 2 of P.D. 1529
-Jurisdiction over petitions for amendments of certificates of title is provide3d for by Sec. 108 of the
decree