LAMBDA RHO BETA FRATERNITY 

NOTES IN LAND TITLE AND DEEDS UNDER ATTY. RODOLFO SABIO

Introduction:

Definitions: Sec. 1-3, PD 1529

1. Land
Land Titles-
Titles- evidence
evidence of right of owner or extent
extent of his intere
interest
st by which means
means he
can maintain control and as a rule assert right to excusive possession and enjoyment
of property.
2. Deeds- instrument in writing which any real estate or interest therein is created,
alien
alienat
ated
ed,, mort
mortga
gage
ged,
d, or assi
assign
gned
ed or by whic
whichh titl
title
e to any
any real
real esta
estate
te may
may be
affected in law or equity

Section 3. Status of other pre-existing land registration system. The system of registration
under the Spanish Mortgage Law is hereby discontinued and all lands recorded under
said system which are not yet covered by Torrens title shall be considered as
unregistered lands.

Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage
Law may be recorded under Section 113 of this Decree, until the land shall have been
brought under the operation of the Torrens system.

TORRENS SYSTEM AND PURPOSE

Torrens System of Registration-

Registration- a system of registration of land which aims to establish
and certify to the ownership of an absolute and indefeasible title to reality and to simplify
its transfer.

Case: Republic vs Umali, 171 SCRA 642; Grey Alba vs Dela Cruz, 17 SCRA 49\ 

1. The nature
nature of
of land
land registra
registration
tion proceed
proceedings:
ings:

Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial proceedings

for the registration of lands throughout the Philippines shall be in rem and shall be based
on the generally accepted principles underlying the Torrens system.

Courts of First Instance (RTC) shall have exclusive jurisdiction over all applications for
original registration of title to lands, including improvements and interests therein, and over
all petitions filed after original registration of title, with power to hear and determine all
questions arising upon such applications or petitions. The court through its clerk of court
shall furnish the Land Registration Commission with two certified copies of all pleadings,
exhibits, orders, and decisions filed or issued in applications or petitions for land
registration, with the exception of stenographic notes, within five days from the filing or
issuance thereof.

2. The Governing
Governing Laws- PD 1529,
1529, CA 141,
141, Cadastral
Cadastral Act
Act 2259, and other
other pertinent
pertinent laws
and provisions of the 1987 Constitution, Condominium Law, Indegenous Peoples
Right Act, Agrarian Reform Law.

ADMINISTRATION OF TORRENS SYSTEM (Sec. 4- 13)

1. General
General Functions
Functions of Register
Register of deeds:
deeds:

Section 10. General functions of Registers of Deeds. The office of the Register of Deeds
constitutes a public repository of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register an instrument

presented for registration dealing with real or personal property which complies with all the
requisites for registration. He shall see to it that said instrument bears the proper
documentary and science stamps and that the same are properly canceled. If the
instrument is not registerable, he shall forthwith deny registration thereof and inform the
presentor of such denial in writing, stating the ground or reason therefor, and advising him
of his right to appeal by consulta in accordance with Section 117 of this Decree.

2. Ministerial
Ministerial Character
Character of duty to
to register
register instrument
instrument::

It shall be the duty of the Register of Deeds to immediately register an instrument

presented for registration dealing with real or personal property which complies with all the
requisites for registration. He shall see to it that said instrument bears the proper
documentary and science stamps and that the same are properly canceled. (Sec. 10
PD1529)

Sec. 10 in relation to sec. 117 the supreme court held that the function of the Register of 
Deeds with reference to the registration of deeds, encumbrances, instruments and the like
are ministerial in natire. It is enough that in his opinion the instrument is registrable for him
to register it and, tha act being also an administrative act does not contemplate notice to
and hearing interested parties.

The Register of Deeds is entirely precluded by section 10 from exercising his personal
 judgement and discretion when confronted with the problem of whether to register a deed
or instrument on the ground that it is invalid. The determination of whether the document is
valid or not is a function that belongs properly to the courts

3. When Register
Register of Deeds
Deeds may deny registr
registration
ation of voluntary
voluntary instrume
instruments;
nts;
exhibits, orders, and decisions filed or issued in applications or petitions for land
registration, with the exception of stenographic notes, within five days from the filing or
issuance thereof.

2. The Governing
Governing Laws- PD 1529,
1529, CA 141,
141, Cadastral
Cadastral Act
Act 2259, and other
other pertinent
pertinent laws
and provisions of the 1987 Constitution, Condominium Law, Indegenous Peoples
Right Act, Agrarian Reform Law.

ADMINISTRATION OF TORRENS SYSTEM (Sec. 4- 13)

1. General
General Functions
Functions of Register
Register of deeds:
deeds:

Section 10. General functions of Registers of Deeds. The office of the Register of Deeds
constitutes a public repository of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register an instrument

presented for registration dealing with real or personal property which complies with all the
requisites for registration. He shall see to it that said instrument bears the proper
documentary and science stamps and that the same are properly canceled. If the
instrument is not registerable, he shall forthwith deny registration thereof and inform the
presentor of such denial in writing, stating the ground or reason therefor, and advising him
of his right to appeal by consulta in accordance with Section 117 of this Decree.

2. Ministerial
Ministerial Character
Character of duty to
to register
register instrument
instrument::

It shall be the duty of the Register of Deeds to immediately register an instrument

presented for registration dealing with real or personal property which complies with all the
requisites for registration. He shall see to it that said instrument bears the proper
documentary and science stamps and that the same are properly canceled. (Sec. 10
PD1529)

Sec. 10 in relation to sec. 117 the supreme court held that the function of the Register of 
Deeds with reference to the registration of deeds, encumbrances, instruments and the like
are ministerial in natire. It is enough that in his opinion the instrument is registrable for him
to register it and, tha act being also an administrative act does not contemplate notice to
and hearing interested parties.

The Register of Deeds is entirely precluded by section 10 from exercising his personal
 judgement and discretion when confronted with the problem of whether to register a deed
or instrument on the ground that it is invalid. The determination of whether the document is
valid or not is a function that belongs properly to the courts

3. When Register
Register of Deeds
Deeds may deny registr
registration
ation of voluntary
voluntary instrume
instruments;
nts;
 a. When there
there are more than
than one copy of the owner’s
owner’s duplicat
duplicate
e certificate
certificate of title
title
and not all such copies are presented to the Register of Deeds
b. Where the voluntary instrument bears on its face an infirmity. eg. When it is
conjugal in character.
c. Where the
the validity
validity of the
the instrument
instrument sought
sought to be register
registered
ed is in issue
issue pending
pending
a court suit. The registration may be suspended to await the final outcome of 
the case.
d. The Register
Register of Deeds
Deeds may also refuse
refuse to register
register a private
private document
document since
since
section 112 provides that deeds of conveyances affecting lands should verified
and acknowledge before a notary public.

ORIGINAL REGISTRATION UNDER PD 1529;(Sections 14- 23 )

A. Requisites
Requisites in ordinary
ordinary land registration
registration proceed
proceedings
ings

1.Survey of land by Bureau of lands or duly licensed private surveyor

2.Filing of application for registration by applicant

3.Setting of date of initial hearing of application by RTC

4.Clerk of court to transmit to Land Registration Authority the application, date of initial
hearing & other pertinent docs

5.Publication of notice of filing of application, date & place of hearing – in OG and in

newspaper of general circulation

6.Service of notice – contiguous owners, occupants & those who have interest in property

7.Filing of answer or opposition to application

8.Hearing of case by RTC

9.Promulgation of judgment by court

10.Issuance of decree by RTC – decision; Instruct land registration authority to issue decree
of confirmation & registration

11.Entry of decree of registration in Land Titles Administration

12.Send copy of decree to Register of Deeds

13.Transcription of decree of registration in registration book & issuance of the owner’s

duplicate original certificate of title of the applicant by the Land registration
registration Authority -
upon payment of prescribed fees

B. Who can apply an application for registration of lands.

1.Those in open, continuous, exclusive, notorious possession of patrimonial property of 

state under bona fide claim of ownership since June 12, 1945 or earlier
2.Those who acquired ownership of private land by prescription

3.Those who acquired ownership of private lands by right of accretion

4.Those who acquired ownership in any manner provided for by law

Where the land is owned in common, all the co- owners shall file the application jointly

Where the land has been sold under pacto de retro sale, the vendor a retro may file an
application for the original registration of the land, provided however , that should the
period for redemption expire during the pendency of the registration proceedings and
ownership to the property consolidated in the vendee a retro, the latter shall be substituted
for the applicant and may continue the proceedings..

A trustee may on behalf of the principal apply for original registration of any land held by
him, unless prohibited by the instrument creating the trust.

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:

1.PRIVATE LANDS

a.At least 60% Filipino to acquire private land

b.Restricted as to extent reasonably necessary to enable it to carry out purpose

which it was created

c.If engaged in agricultural – restricted to 1,024 ha.

2.PATRIMONIAL PROPERTY OF STATE

a.Lease for 25 years renewable

b.Limited to 1,000 ha.

c.Apply to both Filipinos & foreign cos.

C, Who may not apply?

1. A public land sales applicant is not a proper party to file for registration of the same
land covered by his sales application.

2. A mortgagee, or his successor in interest to the mortgage, cannot apply.

 3. An antichretic creditor

4. A person or entity whose claim of ownership to the had been previously denied in
reinvindicatory action.

D. FORMS AND CONTENTS OF APPLICATION

1.In writing & signed by applicant or person duly authorized

2.Description of land

3.Citizenship

4.Civil status

5.Full names & address of occupants & adjoining owners

WHAT TO ACCOMPANY APPLICATION:

1.Tracing cloth plan duly approved by the Director of Lands

2.3 copies of technical descriptions

3.3 copies of surveyor’s certificate

4.All original muniments of title

5.4 copies of certificate by city/provincial treasurer of assessed value of land

AMENDMENTS ALLOWED & NOT ALLOWED

1.Substantial change in boundaries or increase in area - new technical description

necessary – need new publication & notice

2.Substitution of name of new owner – file motion with court

3.Decrease the area – file motion in court

MUNIMENT OF TITLE

 –  instruments or written evidences which applicant hold or posses to enable him to
substantiate & prove title to his estate
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:

1.Record instrument in Register of Deeds in same manner as if no application was made

2.Present instrument to RTC, motion praying that same be considered in relation to the
pending application

TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:

•Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a
TCT

E. WHERE TO FILE

According to the decree the application for land registration shall be filed with the Regional
Trial Court of the province or city where the land is situated

F. AMENDMENTS TO APPLICATION AND NEEDED PUBLICATION

Section 19. Amendments. Amendments to the application including joinder, substitution,

or discontinuance as to parties may be allowed by the court at any stage of the proceedings
upon just and reasonable terms.

Amendments which shall consist in a substantial change in the boundaries or an increase in

area of the land applied for or which involve the inclusion of an additional land shall be
subject to the same requirements of publication and notice as in an original application.

NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY

– 14 days before hearing

TO WHOM NOTICE MUST BE SENT:

1.City/municipal mayor & provincial governor

2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of 
Fisheries, Director of Mines

3.Adjoining owners & those who have rights or interest thereto

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

G. HEARING, JUDGEMENT, DECREE OF REGISTRATION.

HEARING

 –  within 7 days after publication in OG

 –  – 25 – 90 days from date of order

WHO CONDUCTS HEARING:

1.RTC

2.Refer to referee – commissioner

DECREE

– issued by land registration authority containing technical description of land; issued after
finality of judgment1.Decrees dismissing application2.Decrees of confirmation and
registration

•Final after 1 year after decree

•Unless there in innocent purchaser for value

•Subject only to appeal

•Once final, cannot be subject to attack, deemed conclusive against the world3.Put end to
litigation4.Purpose of Torrens system is protected
•Amendment after 1 year is allowed – creation or extinguishment of new rights; inclusion
of new owners not allowed

JUDGMENT

– decision of court constituting its opinion after taking into consideration the evidence
submitted

JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE

1. Nature of the proceeding

Proceeding is against the whole world, a judicial proceeding a decree of registration issued
is conclusive and final

2. Applicants; what must they prove

a. Filipino citizens who by themselves of through their predecessors in interest have been
in open, continuous , exclusive and notorious possession and occupation of agricultural
lands of the public domain, under a bonafide claim of acquisition of ownership, for
atleast 30 years or atleat since January 24, 1947, over even since time immemorial.

b. Filipino citizens who by themselves of through their predecessors in interest have been
prior to the effectivity of PD 1073 on January 25, 1977, in open, continuous , exclusive
and notorious possession and occupation of agricultural lands of the public domain,
under a bonafide claim of acquisition of ownership, for atleast 30 years or atleat since
January 24, 1947,

c. Private corporations or associations which had acquired lands formerly part of alienable
and disposable lands of the public domain from Filipino citizens who have possessed the
same in the manner and for length of time indicated in the above paragraphs.

The applicant must prove that;

 1. The land is alienable and disposable land of the public domain

2. That he is in possession thereof been in open, continuous , exclusive and notorious

possession and occupation of agricultural lands of the public domain, under a
bonafide claim of acquisition of ownership, for atleast 30 years or atleat since
January 24, 1947, over even since time immemorial.

To prove the land to be alienable he must secure a certification from the government that
the lands which he claims are alienable and disposable. It is the burden of the applicant to
prove his positive averments.

3. Effect of compliance with the requirements;

The possessor is deemed to have acquired by operation of law, a right to a grant, a

government grant, without necessity of a certificate of title being issued. The application for
confirmation is then a mere formality, the lack of which does not affect the sufficiency of 
the title as would be evidenced by the patent and the corresponding torrens title issued
pursuant to such patent.

4. Forms of the application

The applicant should state in his application the material facts and informations required in
section 15 of PD 1529:

 “The application for land registration shall be in writing, signed by the application or the
person duly authorized in his behalf, and sworn to before any officer authorized to
administer oaths for the province or city where the application was actually signed. If there
is more than one applicant, the application shall be signed and sworn to by and in behalf of 
each. The application shall contain a description of the land and shall state the citizenship
and civil status of the applicant, whether single or married, and, if married, the name of the
wife or husband, and, if the marriage has been legally dissolved, when and how the
marriage relation terminated. It shall also state the full names and addresses of all
occupants of the land and those of the adjoining owners, if known, and, if not known, it
shall state the extent of the search made to find them.” 

Last extension granted by Government was until December 31, 1987

Right made available to person qualified to acquire alienable and disposable public land thru
open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of 
ownership since June 12, 1945.