U.P.

LAW BOC LAND TITLES AND DEEDS CIVIL LAW

LAND TITLES AND

DEEDS
CIVIL LAW

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Estate
A. TORRENS SYSTEM An estate, strictly speaking, represents the
nature, extent, degree, and quantity of a
person’s interest in land.
1. Concept and Background Types of Estates
a. Freehold Estate – Indicates title of
Land title ownership
It is the evidence of the right of the owner or 1. Fee Simple – An absolute title;
the extent of his interest, by which he can Absolute estate in perpetuity; Title to
maintain control, and as a rule, assert right to land is conferred upon a man and his
exclusive possession and enjoyment of the heirs absolutely and without any
property. [Peña] limitation imposed upon the estate
2. Fee Tail – One designed to pass title
Title and Certificate of Title Distinguished from grantee to his heirs, in the intent
Certificate of of the grantor being to keep the
Title
Title property in the grantee’s line of issue
3. Life Estate – One held for the duration
Lawful cause or ground of the life of the grantee; In some
of possessing that cases, it may terminate earlier as by
It is a mere
which is ours. forfeiture
evidence of
ownership; it is not b. Less-than-Freehold Estate – Signifies
That which constitutes some sort of right short of title
the title to the land
a just cause of 1. Estate for Years – In the nature of a
itself [Castillo v.
exclusive possession, lease short of title; grantee or lessee
Escutin, G.R. No.
or which is the takes over possession of the land for a
171057 (2009).
foundation of period agreed upon but the grantor
ownership of property. retains the legal title to the property
2. Tenancy from period to period – Also
in the nature of a lease which may run
The title is a conclusive evidence of
from month to month or from year to
ownership and it cannot be attacked
year, with the peculiarity of automatic
collaterally.
renewal from time to time, unless
expressly terminated by either party
Deed
3. Tenancy at will – Another form of
A written instrument executed in accordance lease agreement where a person is
with law, wherein a person grants or conveys
permitted to occupy the land of another
to another certain land, tenements or
without any stipulation as to period, but
hereditaments. [Peña]
either party reserves the right to
terminate the occupation at will or at
Elements of A Deed
any time
a. Grantor
b. Grantee
Land Registration
c. Words of Grant
A judicial or administrative proceeding whereby
d. Description of the property involved
a person’s claim of ownership over a
e. Signature of the grantor
particular land is determined and confirmed
f. At least two (2) witnesses
or recognized so that such land and the
g. Notarial acknowledgment
ownership thereof may be recorded in a public
registry.

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f. Comprehensive Agrarian Reform Law of

Note: Registration does not vest title. It is not a 1988 [RA 6657, as amended]
mode of acquiring ownership but is merely
evidence of such title over a particular property. To simplify and streamline land registration
proceedings, Presidential Decree No. 1529
Nature of Land Registration was issued on June 11, 1978, otherwise known
Judicial proceedings for the registration of as the Property Registration Decree, governing
lands throughout the Philippines shall be in registration of lands under the Torrens system
rem and shall be based on the generally as well as the recording of transactions relating
accepted principles underlying the Torrens to unregistered lands, including chattel
system [Sec. 2, par. 1, PD 1529] mortgages. This Decree consolidates, in effect,
all pre-existing laws on property registration
A proceeding in rem is when the object of the with such appropriate modifications as are
action is to bar indifferently all who might be called for by existing circumstances. [Peña]
mined to make an objection of any sort against
the right sought to be established, and if Purposes of Land Registration
anyone in the world has a right to be heard on Registration is merely a species of notice.
the strength of alleging facts which if true, show The act of registering a document is never
an inconsistent interest. [Agcaoili] necessary in order to give it legal effect as
between the parties. The system maintains a
The land registration is binding on the whole permanent record of landholdings, in order to
world because “by the description in the notice prevent fraudulent claims to land by
(of initial hearing of the application for concealment of transfers.
registration) “To Whom It May Concern,” all the
world are made parties defendant.” [Aquino, Another purpose is to notify and protect the
citing Esconde v. Barlongay, G.R. No. L-67582 interests of strangers to a given transaction,
(1987)] who may be ignorant thereof. However, where
a document so registered is invalid or legally
In a registration proceeding, the judgment of defective, registration will not in any way render
the court confirming the title, and ordering its it valid or cure its defect.
registration in one’s name constitutes, when
final, res judicata against the whole world [Ting Object of Registration
v. Heirs of Liro, G.R. No. 16891 (2007)] Only real property or real rights may be the
object of registration under the existing land
There is no need to personally notify the registration laws.
owners or claimants of the land sought to be
registered if it is involved in a land registration Classification of Lands [Art. XII, Sec. 3, 1987
case since it is a proceeding in rem. This gives Constitution]
automatic power and authority to the court over a. Agricultural
the res. [Guido-Enriquez v. Victorino, et al., b. Forestland or timberland
G.R. No. 180427 (2013)] c. Mineral Lands
d. National Parks
Laws Implementing Land Registration
a. Public Land Act [CA 141, as amended] Classification of lands is an exclusive
b. Property Registration Decree [PD 1529, as prerogative of the executive department. In
amended] the absence of such classification, the lands
c. Cadastral Act [Act 2259, as amended] remain as unclassified until it is released
d. Indigenous Peoples Rights Act of 1997 [RA therefrom and rendered open to disposition.
8371] The President, through a Presidential
e. Emancipation Decree [PD 27, as Proclamation or Executive Order can classify
amended] or reclassify land to be included or excluded

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from the public domain. The DENR Secretary wills, and other documents for the validity of
is also empowered to approve a land conveyances.
classification and declare such land as
alienable and disposable. [Agcaoili, citing The Torrens system was introduced in the
Fortuna v. Republic, G.R. No. 173423 (2014)] Philippines by Act No. 496, which took effect on
Jan. 1, 1903. This was later amended and
Registrable lands are superseded by PD 1529 which took effect on
a. Alienable public agricultural lands June 11, 1978.
If the land is in the public domain, the
land must be classified as alienable The underlying principle of the Torrens system
and disposable. It must be classified as is security with facility in dealing with land. It
such at the time of filing the application requires that the government issue an official
for registration. [Republic v. CA and certificate of title attesting to the fact that the
Naguit, G.R. No. 144057 (2005)] person named is the owner of the property
b. Private lands described therein, subject to such liens and
encumbrances thereon noted or the law
Non-registrable lands warrants or reserves. The certificate of title is
Those found in the CC dealing with non- indefeasible and imprescriptible and all claims
registrable properties (e.g. property of public to the parcel of land are quieted upon issuance
dominion) of said certificate. [Cruz v. Secretary of
Environment and Natural Resources]
a. Torrens System
Nature
Torrens System Judicial in nature.
A system for registration of land under which,
upon landowner’s application, the court may, Purpose
after appropriate proceedings, direct the
issuance of a certificate of title. [Black’s Law
①
The real purpose of the Torrens system of
registration is to quiet title to land; to put a stop
Dictionary]; those systems of registration of forever to any question of the legality of the
transactions with interest in land whose title, except claims which may arise
declared object is, under governmental subsequent thereto. [Agcaoili]
authority, to establish and certify to the
ownership of an absolute and indefeasible title It aims to decree land titles that shall be final,
to realty, and to simplify its transfer. [Grey Alba
v. De la Cruz, G.R. No. L-5246 (1910)]
②
irrevocable and indisputable [Government of
the Philippine Islands v. Abural, GR No. 14167
(1919), and to relieve the land of the burden of
Background known as well as unknown claims. [SM Prime
The Torrens system was devised in 1857 by Holdings, Inc. v. Madayag]
Mr. Torrens, a layman in South Australia. In the
Torrens system, title by registration takes the General Rule: A title once registered cannot be
place of "title by deeds" of the system under the impugned, altered, changed, modified,
"general" law. A sale of land, for example, is enlarged, or diminished.
effected by a registered transfer, upon which a
certificate of title is issued. The certificate is Exception: Direct proceeding permitted by law,
guaranteed by statute, and, with certain usually for the protection of innocent third
exceptions, constitutes indefeasible title to the persons
land mentioned therein. The object of the
Torrens system is to do away with the delay,
uncertainty, and expense of the old
conveyancing system which relied on the
correctness of a long series of prior deeds,

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presentor of such denial in writing, stating

b. Administration of the the ground or reason therefore, and
Torrens System advising him of his right to appeal by
consulta in accordance with Sec. 117 of PD
1529.
1. Land Registration Authority
c. A
4. Prepare and keep an index system which
→ EQUIVALENT to -

contains the names of all registered

Agency under the executive supervision of the
owners and lands registered.
DOJ charged with the efficient execution of
the laws relative to the registration of lands
The function of the ROD with reference to
registration of deeds, encumbrances,
Composition:
instruments, and the like is ministerial in
1. Administrator
nature, provided the applicant complies with all
2. 2 Deputy Administrators (as assistants)
the requisites. [Baranda v. Gustilo, G.R. No.
Functions of LRA section
64) PD 1529 81163 (1988)]
1. Extend speedy and effective assistance
Note: When the ROD is in doubt as to the
to the Department of Agrarian Reform,
proper action to take on an instrument or deed
the Land Bank, and other agencies in
presented to him for registration, he should
the implementation of land reform
program of the government submit the question to the Administrator of the
LRA en consulta [P.D. 1529, Sec 117]
2. Extend assistance to courts in ordinary
and cadastral land registration
proceedings; and 2. Certificate of Title
3. Be the central repository of records
relative to original registration of lands The Torrens Title
titled under the Torrens system, Certificate of ownership issued by the Register
including the subdivision and of Deeds naming and declaring the owner of
consolidation plans of titled lands. the real property described therein free from
all liens and encumbrances, except such as
2. Register of Deeds may be expressly noted thereon or otherwise
reserved by law.

{
Public repository of records of instruments
MAIN affecting registered or unregistered lands and a. Original Certificate of Title (OCT) – It is
FUNCTION chattel mortgages in the province or city the first certificate of title issued in the
wherein such office is situated. name of the registered owner by the
Register of Deeds covering a parcel of land
Composition: which had been registered under the
1. Register of Deeds Torrens System, by virtue of judicial or
2. Deputy (as assistant) administrative proceedings
P D 1529
.

Functions of Registers of Deeds: SEC 10 .

b. Transfer Certificate of Title (TCT) – The
1. Immediately register an instrument subsequent certificate of title pursuant to
presented for registration dealing with real any deed of transfer or conveyance to
or personal property which complies with another person. The Register of Deeds
the requisites for registration; shall make a new certificate of title and give
2. Shall see to it that said instrument bears the registrant an owner’s duplicate
the proper documentary stamps and that certificate. The previous certificate shall be
the same are properly cancelled; stamped “cancelled.”
3. If the instrument is not registerable, he shall
deny the registration thereof and inform the c. Patents – Whenever public land is by the
Government alienated, granted or

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conveyed to any person, the same shall be to the decree of registration. By the
brought forthwith under the operation of issuance of the decree, the land is
this Decree [PD 1529, Sec. 103, par. 1] bound and title thereto quieted, subject
1. Patents only involve public lands only to certain exceptions under the
which are alienated by the property registration decree. [Heirs of
Government pursuant to the Public Alejandra Delfin, namely, Leopoldo
Land Act [CA 141, as amended] Delfin, et al. v. Avelina Rabadon, G.R.
2. The patent (even if denominated as No. 165014 (2013)]
a deed of conveyance) is not really 2. Exceptions:
a conveyance but a contract • Those claims noted on the
between the grantee and the certificate
Government and evidence of • Liens, claims, or rights arising or
authority to the Register of Deeds existing under the laws and the
to make registration. Constitution, which are not by law
3. The act of registration is the required to appear on record in the
operative act to affect and convey Register in order to be valid
the land. • Unpaid real estate taxes levied and
assessed within 2 years
Probative Value immediately preceding the
A Torrens Certificate of Title is valid and acquisition of any right over the
enforceable against the whole world. It may land by an innocent purchaser for
be received in evidence in all courts of the value
Philippines, and shall be conclusive as to all
matters contained therein, principally the
②
Title to the land becomes non-prescriptible:
identity of the owner of the covered land 1. Even adverse, notorious, and continuous
thereby and identity of the land. possession under claim of ownership for
the period fixed by law is ineffective against
A Torrens title, once registered, cannot be a Torrens title [JM Tuason and Co. Inc. v.
defeated, even by adverse, open and CA, G.R. No. L-41233 (1979)]
notorious possession. A registered title 2. The fact that the title to the land was lost
under the Torrens system cannot be defeated does not mean that the land ceased to be
by prescription. The title, once registered, is registered land before the reconstitution of
notice to the whole world. All persons must take its title. It cannot perforce be acquired by
notice. No one can plead ignorance of the prescription. [Ruiz v. CA, 1977]
registration. [Egao v. CA, G.R. No. L-79787
(1989)]
③
Land becomes incontrovertible and
indefeasible. A decree of registration and
a. Effect of Registration under the registered title cannot be impugned, enlarged,
Torrens System altered, modified, or diminished either in
collateral or direct proceeding after the lapse of
Land is placed under the operation of the the 1-year period prescribed by the law.
Torrens system
①Claims and liens of whatever character existing
Exceptions:
1. If previous valid title of the same land exists
against the land prior to the issuance of the 2. When the land covered is not capable of
certificate of title are cut off by such certificate registration
and the certificate so issued binds the whole 3. When acquisition of certificate is attended
world, including the government by fraud
1. It is an elemental rule that a decree of
registration bars all claims and rights Torrens certificate is presumed valid and
which arose or may have existed prior devoid of flaws.

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presented for registration in the office of the

Note: Registration is not equivalent to legal Register of Deeds. [Peña]
title. Under the Torrens system, registration
only gives validity to the transaction or creates Laches, When Applicable
a lien upon the land. It merely confirms, but Laches sets in if it would take 18 years for a
does not confer, ownership [Lu v. Manipon, person to file an action to annul the land
G.R. No. 147072 (2002)] registration proceedings, especially so if the
registrant has already subdivided the land and
Effect of Non-Registration sold the same to innocent third parties. A
If a purchaser, mortgagee or grantee should party’s long inaction or passivity in asserting
fail to register his deed the conveyance, his rights over disputed property precludes him
considering our existing registration laws, it from recovering the same. [Heirs of Teodoro
shall not be valid against any person unless dela Cruz v. CA, G.R. No. 1117384 (1998);
registered. Aurora Ignacio v. Valeriano Basilio, et al., G.R.
No. 122824 (2001)]
Exceptions:
a. The grantor, B. AGRARIAN TITLES AND
b. His heirs and devisees, and ANCESTRAL LANDS AND
c. Third persons having actual notice or
DOMAINS
knowledge thereof.
Concept of the Regalian Doctrine
It is a settled rule that lands under a Torrens
A western legal concept that was first
title cannot be acquired by prescription or
introduced by the Spaniards into the country
adverse possession. Section 47 of P.D. No.
through the laws of the Indies and the Royal
1529, the Property Registration Decree,
Cedulas whereby the Philippines passed to
expressly provides that no title to registered
Spain by virtue of “discovery” and conquest.
land in derogation of the title of the registered
Consequently, all lands became the exclusive
owner shall be acquired by prescription or
patrimony and dominion of the Spanish Crown.
adverse possession. [Dream Village
[Agcaoili]
Neighborhood Association, Inc., represented
by its Incumbent President Greg Seriego v.
The present Constitution provides that, except
Bases Conversion Development Authority,
for agricultural lands of the public domain
G.R. No.192896 (2013)]
which alone may be alienated, forest or
timber, and mineral lands, as well as all
Dealings in Land before Issuance of Decree
other natural resources must remain with
With the filing of an application for registration,
the State, the exploration, development, and
the land described therein does not cease to
utilization of which shall be subject to its full
become open to any lawful transaction. If the
control and supervision albeit allowing it to
transaction takes place before the issuance of
enter into co-production, joint venture, or
the decree of registration, Section 22 of PD
production-sharing agreements, or into
1529 provides that the instrument is to be
agreements with foreign-owned corporations
presented to the RTC, together with a motion
involving technical or financial assistance for
praying that the same be considered in relation
large-scale exploration, development, and
with the pending application.
utilization. [Secs. 2 and 3, Art. XII; La Bugal-
B’laan Tribal Association, Inc. v. Ramos, G.R.
However, if the motion is filed after the decision
No. 127882 (2004)]
of adjudication has become final but before the
issuance of the decree by the Administrator of
The Regalian Doctrine is enshrined in the 1987
Land Registration Authority, the court shall
Constitution [Art 12, Sec 2 & 3] which states
require the interested party to pay the fees
that all lands of public domain belong to the
prescribed as if such instrument had been

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State, thus private title to land must be

traced to some grant, express or implied, 1. Concept and Registration of
from the State, i.e. The Spanish Crown or its
successors, the American Colonial Agrarian Titles
government and thereafter the Philippine
Republic Agrarian lands
Agrarian lands, otherwise called agricultural
It does not negate native title to lands held in lands refer to land devoted to agricultural
private ownership since time immemorial. activity as defined in RA 6657 and not
[Cruz v. Sec. of Environment and Natural classified as mineral, forest, residential,
Resources, G.R. No. 135385 (2000)] commercial or industrial land.

Native title recognizes ownership of land by Agricultural activity

Filipinos independent of any grant from the Refers to the cultivation of the soil, planting of
Spanish crown on the basis of possession crops, growing of fruit trees, raising of
since time immemorial [cf: Cariño v. Insular livestock, poultry or fish, including the
Government, G.R. No. 2869 (1907)]. Lands harvesting of such farm products, and other
embraced by native title are presumed to have farm activities and practices performed by a
been held prior to the Spanish conquest and farmer in conjunction with such farming
never to have been public land. operations done by person whether natural or
juridical.
Effects of the Regalian Doctrine
a. All lands of public domain belong to the Agrarian reform
State, and that the State is the source of Agrarian reform is defined as the redistribution
any asserted right to ownership in land and of lands, regardless of crops or fruits
charged with the conservation of such produced, to farmers and regular farmworkers
patrimony [Republic v. IAC, G.R. No. who are landless, irrespective of tenurial
71285 (1987)] arrangement, to include the totality of factors
b. Under the Regalian doctrine, all lands of and support services designed to lift the
whatever classification and other natural economic status of the beneficiaries and all
resources not otherwise appearing to be other arrangements alternative to the physical
clearly within private ownership are redistribution of lands, such as production or
presumed to belong to the State which is profit-sharing, labor administration, and the
the source of any asserted right to distribution of shares of stocks, which will
ownership of land. [Repubic v. Remnan allow beneficiaries to receive a just share of
Enterprises, Inc. G.R. No. 199310 (2014)] the fruits of the lands they work.
c. The burden of proof in overcoming the
presumption of State ownership of the The 1987 Constitution; Section 4, Article XIII
lands of the public domain is on the Provides that The State shall:
person applying for registration (or 1. Undertake an agrarian reform program
claiming ownership), who must prove that founded on the right of landless farmers to
the land subject of the application is own directly or collectively the lands they till
alienable or disposable. To overcome this and regular farmworkers to receive a just
presumption, incontrovertible evidence share of the fruits thereof.
must be established that the land subject of 2. Encourage and undertake the just
application (or claim) is alienable or distribution of all agricultural lands, subject
disposable. [Valiao v. Republic, G.R. No. to such priorities and reasonable retention
170757 (2011)] limits prescribed by the Congress, taking
into account ecological, developmental, or
equity considerations, and subject to the
payment of just compensation. In

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determining retention limits, the State shall 1. All alienable and disposable lands of
respect the right of small land-owners. the public domain devoted to or
3. Provide incentives for voluntary land- suitable for agriculture;
sharing 2. All lands of the public domain in excess
of the specific limits as determined by
P.D. 27, or The Tenant Emancipation Congress in the preceding paragraph;
Doctrine 3. All other lands owned by the
Provides for the emancipation of farmers of Government devoted to or suitable for
private agricultural lands primarily devoted to agriculture;
rice and corn under a system of sharecrop or 4. All private lands devoted to or suitable
lease-tenancy, whether classified as landed for agriculture regardless of the
estate or not. agricultural products raised or that can
be raised thereon.
The tenant farmer shall be deemed owner of a
portion constituting a family-size farm of five (5) Exemptions and exclusions
hectares if not irrigated and three (3) hectares 1. Lands actually, directly and exclusively
if irrigated. The landowner may retain an area used for parks, wildlife, forest reserves,
of not more than seven (7) hectares if such reforestation, fish sanctuaries and
landowner is cultivating such area or will now breeding grounds, watersheds and
cultivate it. mangroves;
2. Private lands actually, directly and
The value of the land shall be equivalent to two exclusively used for prawn farms and
and one-half (2 1/2) times the average harvest fishponds;
of three normal crop years immediately 3. Lands actually, directly and exclusively
preceding the promulgation of the Decree. used and found to be necessary for:
a. national defense, school sites and
The total cost of the land, including interest at campuses;
the rate of six (6) per centum per annum, shall b. church sites and convents
be paid by the tenant in fifteen (15) years of appurtenant thereto, mosque sites
fifteen (15) equal annual amortizations. and Islamic centers appurtenant
thereto, communal burial grounds
In case of default, the amortizations due shall and cemeteries;
be paid by the farmers’ cooperative in which
the defaulting tenant farmer is a member, with Valuation and mode of compensation
the cooperative having a right of recourse The LBP shall compensate the landowner in
against him; The government shall guaranty such amounts as may be agreed upon by the
such amortizations with shares of stock in landowner and the DAR and the LBP.
government-owned and government-
controlled corporations. In determining just compensation, the cost of
acquisition of the land, the current value of the
No title to the land owned by the tenant-farmers like properties, its nature, actual use and
under this Decree shall be actually issued to a income, the sworn valuation by the owner, the
tenant farmer unless and until the tenant- tax declarations, and the assessment made by
farmer has become a full-fledged member of a government assessors shall be considered.
duly recognized farmer’s cooperative. The social and economic benefits contributed
by the farmers and the farmworkers and by the
R.A. 6657 OR THE COMPREHENSIVE Government to the property as well as the non-
AGRARIAN REFORM LAW OF 1988 payment of taxes or loans secured from any
government financing institution on the said
Scope land shall be considered as additional factors
to determine its valuation.

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Registration of Agrarian Lands Ancestral lands

Under PD No. 27, beneficiaries are issued Refers to land occupied, possessed and
certificates of land transfer (CLTs) to entitle utilized by individuals, families and clans who
them to possess lands. Thereafter, they are are members of the ICCs/IPs since time
issued emancipation patents (EPs) after immemorial, by themselves or through their
compliance with all necessary conditions. Such predecessors-in-interest.
EPs, upon their presentation to the Register of
Deeds, shall be the basis for the issuance of Ancestral domains
the corresponding transfer certificates of title Refer to all areas generally belonging to
(TCTs) in favor of the corresponding ICCs/IPs comprising lands, inland waters,
beneficiaries. coastal areas, and natural resources therein,
held under a claim of ownership, occupied or
Under RA No. 6657, only certificates of land possessed by ICCs/IPs, by themselves or
ownership award (CLOAs) are issued, in lieu of through their ancestors, communally or
EPs, after compliance with all prerequisites. individually since time immemorial,
Thereafter, upon presentation of the CLOAs to continuously to the present except when
the Register of Deeds, TCTs are issued to the interrupted by war, force majeure or
designated beneficiaries. CLTs are no longer displacement by force, deceit, stealth or as a
issued. consequence of government projects or any
other voluntary dealings entered into by
The issuance of EPs or CLOAs to beneficiaries government and private
does not absolutely bar the landowner from individuals/corporations, and which are
retaining the area covered thereby. necessary to ensure their economic, social and
cultural welfare.
Under AO No. 2, series of 1994, an EP or
CLOA may be cancelled if the land covered is It shall include ancestral lands, forests,
later found to be part of the landowner’s pasture, residential, agricultural, and other
retained area. [Agcaoili] lands individually owned whether alienable and
disposable or otherwise, hunting grounds,
2. Concept and Registration of burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands
Ancestral Lands and Domains which may no longer be exclusively occupied
by ICCs/IPs but from which they traditionally
A recognized exception to the theory of jura had access to for their subsistence and
regalia, the ruling in Cariño v. Insular traditional activities, particularly the home
Government (supra) institutionalized the ranges of ICCs/IPs who are still nomadic
recognition of the existence of native title to and/or shifting cultivators.
land, or ownership of land by Filipinos by virtue
of possession under a claim of ownership since Registration of Ancestral Lands
time immemorial and independent of any grant Two modes of acquiring Ancestral Lands
from the Spanish Crown [Agcaoili]. and Ancestral Domains:
1. By native title over both ancestral lands
Lands under native title are not part of public and domains; or
domain, “lands possessed by an occupant and 2. By Torrens title under the Property
his predecessors since time immemorial, such Registration Decree with respect to
possession would justify the presumption that ancestral lands only.
the land had never been part of the public
domain or that it had been private property
even before the Spanish conquest [Republic v.
CA, G.R. No. 130174 (2000)].

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Requisites for Registration of Ancestral hold title to private lands of public domain.
Lands: [Halili v. CA, G.R. No. 113539 (1998); Secs. 2
1. Applicant must be a member of the and 5, Art. XII, 1987 Constitution]
Indigenous ICCs/IPs
2. Possession of ancestral land must not Citizens of the Philippines may lease not more
be less than 30 years immediately than five hundred hectares, or acquire not
preceding the approval of IPRA on more than twelve hectares thereof, by
October 29, 1997 purchase, homestead, or grant. [Art. XII, Sec.
3. By operation of law, the land is already 3, 1987 Constitution]
classified as alienable and disposable
even with a slope of 18% or more. The Krivenko Doctrine
Hence, no need to submit a separate The capacity to acquire private land is made
certification that the land has been dependent upon the capacity to acquire or hold
classified as alienable and disposable. lands of public domain. Private land may be
(IPRA, Sec. 12.) transferred or conveyed only to individuals or
entities ‘qualified to acquire lands of public
Certificate of Ancestral Domain Title domain.’ [Bernas]
(CADT) refers to a title formally recognizing the
rights of possession and ownership of ICCs/IPs The 1935 Constitution reserved the right for
over their ancestral domains identified and Filipino citizens or corporations at least sixty
delineated in accordance with this law [Sec. percent of the capital of which was owned by
3(c), IPRA] Filipinos. Aliens, whether individuals or
corporations, have been disqualified from
Certificate of Ancestral Lands Title (CALT) acquiring public lands; hence they have also
refers to a title formally recognizing the rights been disqualified from acquiring private lands.
of ICCs/IPs over their ancestral lands. [Krivenko v. Register of Deeds, G.R. No. L-
630, 1947]
Individually-owned ancestral lands, which are
agricultural in character and actually used for Exceptions
agricultural, residential, pasture, and tree a. Aliens by way of hereditary succession
farming purposes, including those with a slope [Sec. 7, Art. XII, 1987 Constitution]
of eighteen percent (18%) or more, are hereby b. Natural born citizens who have lost their
classified as alienable and disposable citizenship:
agricultural lands [Sec. 12, IPRA]
For business use: limited to 5,000 sq. m. for
Native title, however, is a right of private urban land and 3 hectares for rural land. In the
ownership particularly granted to ICCs/IPs over case of married couples, the total area
their ancestral lands and domains. The IPRA acquired by both of them shall not exceed the
categorically declares ancestral lands and maximum [RA No. 7042 as amended by RA
domains held by native title as never to have No. 8179]
been public land. [Cruz v. Sec. of Environment
and Natural Resources, supra] For residential purposes: limited to 1,000 sq m.
for urban land and 1 hectare for rural land. [BP
185, Sec. 2]
C. CITIZENSHIP
REQUIREMENT For married couples in either case: one of them
may avail of the privilege granted. If both shall
1. Individuals avail of the same, the total area acquired by
both of them shall not exceed the maximum
specified above.
General Rule: Only Filipinos can acquire or

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But where a Filipino citizen naturalized as a 2. Corporations

citizen in a foreign country has “reacquired” his
Philippine citizenship under the terms of RA General Rule: Private corporations may not
9225 (2003) otherwise known as the hold alienable lands of the public domain. [Sec.
“Citizenship Retention and Re-acquisition Act 3, Art. XII, 1987 Constitution]
of 2003,” the area limitations may no longer
apply since the law expressly grants him the Exceptions
same right, as any Filipino citizen, to “enjoy full a. By lease for a period not exceeding twenty-
civil and political rights” upon the re-acquisition five years, renewable for not more than
of his Filipino citizenship [Agcaoili]. twenty-five years and not to exceed one
thousand hectares in area. [Sec. 3, Art. XII,
c. Aliens, although disqualified to acquire 1987 Constitution]
lands of public domain, may lease private
land provided that such lease does not b. If the predecessors-in-interest of the
amount to a virtual transfer of ownership. corporation have been in possession of the
They may also be given an option to buy land in question since June12,1945 or
property on the condition that he is granted earlier, then it may rightfully apply
Philippine citizenship. [Llantino v. Co liong confirmation of title to the land. The vested
Chong, G.R. No. L-29663 (1990)] right has to be respected. [Republic v.
Intermediate Appellate Court and Acme,
d. Lands acquired by an American citizen G.R. L-73002 (1986)]
prior the proclamation of Philippine
Independence on July 4, 1946 but after the Limitations to Ownership of Land by
passage of the 1935 Constitution may be Corporations
registered, based on the ordinance
appended to the 1935 Constitution. [Moss a. For private lands:
v. Director of Lands, G.R. No. L-27170 1. At least 60% Filipino [Sec. 2, Art. XII,
(1977)] 1987 Constitution [Agcaoili]
2. Restricted as to extent reasonably
e. Land sold to an alien which is now in the necessary to enable it to carry out the
hands of a naturalized citizen can no longer purpose for which it was created
be annulled [De Castro v. Tan, GR No. L- 3. If engaged in agriculture, it is restricted
31956]. The litigated property is now in the to 1,024 hectares
hands of a naturalized Filipino. It is no
longer owned by a disqualified vendee. b. For patrimonial property of the State [Sec.
The purpose of the prohibition ceases to be 3, Art. XII, 1987 Constitution]
applicable. [Barsobia v. Cuenco, G.R. No. 1. Lease only for a limited period of 25
L-33048 (1982)] years
2. Limited to 1,000 hectares
f. Aliens may acquire condominium units and 3. Applies to both Filipino and Foreign
shares in condominium corporations up to corporations
no more than 40% of the total and 4. This limitation does not apply where
outstanding capital stock of a Filipino- the corporation acquired the land, the
owned or controlled corporation. [RA 4726, same was already private land
The Condominium Act, Sec. 5] [Republic v. IAC and Acme Plywood &
Veneer co., Inc., G.R. No. 73002
Under such circumstances, the ownership of (1986)]
the land is legally separated from the unit itself,
therefore the proscription against aliens A Corporation Sole may acquire and register
owning real property does not apply. [Hurst v. private agricultural land. It has no nationality,
PR Builders, Inc., G.R. No. 156364 (2008)] thus the constitutional proscription against

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private corporations acquiring public Office of the Register

agricultural lands will not apply. [RC Apostolic of Deeds concerned
Administrator of Davao v. LRC, G.R. No. L-
8415 (1957)] A corporation sole, which a. Voluntary – by filing with the proper court
consists of one person only, is vested with the under:
right to purchase and hold real estate and 1. PD 1529, Property Registration Decree
register the same in trust for the faithful or 2. CA 141, Public Land Act
members of the religious society or church for 3. RA 8371, IPRA
which the corporation was organized.
b. Involuntary – as in Cadastral Proceedings
A Religious Association Controlled by Non- ● This is compulsory registration
Filipinos is not excepted by the Constitutional initiated by the government to
provisions. To permit them to acquire adjudicate ownership of the land
agricultural lands would be to drive the opening ● Involuntary on the part of the
wedge to revive alien religious land-holdings in claimant but they are compelled to
the country. [Agcaoili] substantiate their claim or interest

D. ORIGINAL 1. Who May Apply

REGISTRATION a. Under Sec. 14, PD 1529:
1. Those who by themselves or through
ORIGINAL REGISTRATION their predecessors-in-interest, have
This is a proceeding brought before the land been in open, continuous, exclusive
registration court to determine title or and notorious possession and
ownership of land on the basis of an occupation of alienable and disposable
application for registration or answer by a lands of the public domain under a
claimant in a cadastral registration. bona fide claim of ownership since
June 12, 1945, or earlier.
A decree of registration merely confirms, but 2. Those who have acquired ownership of
does not confer ownership. [City Mayor of private lands by prescription under the
Parañaque City v. Ebio, G.R. No. 178411, provisions of existing laws.
(2010)] Registration does not vest title or give 3. Those who have acquired ownership of
title to the land, but merely confirms and private lands or abandoned river beds
thereafter protects the title already by right or accession or accretion under
possessed by the owner, making it the existing laws.
imprescriptible by occupation of third parties. 4. Those who have acquired ownership of
The registration does not give the owner any land in any other manner provided for
better title than he has. He does not obtain title by law [see: Republic represented by
by virtue of the certificate. He secures his Mindanao Medical Center v CA, G.R.
certificate by virtue of the fact that he has a fee No. 40912 (1976)]
simple title. [Legarda v. Saleeby, supra] ● Land owned in common: ALL co-
TRANSUNION inception owners shall file the application
Original Distinguished From Subsequent
t Original Subsequent
jointly.
● Land has been sold under pacto de
Registration Registration
METHODS OF retro: the vendor a retro may file an
When right of Any transaction application for the original
REGISTRATION ownership or title to affecting such registration of the land, provided,
land is for the first originally registered however, that should the period for
time made of public land, if in order, may redemption expire during the
record be registered in the pendency of the registration
PUBLICITY
Functions
LAND NEUMANN
OF
€ PRROMTY security
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U.P. LAW BOC LAND TITLES AND DEEDS CIVIL LAW

proceedings and ownership to the d. Under RA 8371:

property consolidated in the 1. Sec. 11 – Formal recognition of
vendee a retro, the latter shall be ancestral domains by virtue of Native
substituted for the applicant and Title may be solicited by ICCs/IPs
may continue the proceedings. concerned
● Land subject of a trust agreement: 2. Sec. 12 – Option to secure certificate of
A trustee on behalf of his principal title under CA 141 or Land Registration
may apply for original registration Act 496
of any land held in trust by him, ● Individual members of cultural
unless prohibited by the instrument communities with respect to
creating the trust. individually-owned ancestral lands
who, by themselves or through
b. Under Sec. 16, PD 1529; Land Applied for their predecessors-in -interest,
Registration by a Non-Resident of the have been in continuous
Philippines: possession and occupation of the
same in the concept of owner since
He shall file his application: time immemorial or for a period of
1. An instrument in due form; not less than thirty (30) years
2. Appointing a duly authorized immediately preceding the
representative or attorney-in-fact, approval of this Act and
whose authority shall accompany the uncontested by the members of the
application; same ICCs/IPs shall have the
3. Giving his full name and postal option to secure title to their
address; and ancestral lands
4. Shall therein agree that the service of ● Option granted shall be exercised
any legal process in the proceedings within 20 years from the approval of
under or growing out of the application RA 8371
made upon his agent or representative
shall be of the same legal effect as if JURISDICTION
made upon the applicant within the
Philippines. Where to File: The court that should take
cognizance of a registration case is that which
c. Under Sec. 12, CA 141; Any person who: has territorial jurisdiction over the property.
1. Is a citizen of the Philippines over the
age of 18, or the head of a family; General Rule: RTC of the province, city, or
2. Does not own more than 24 hectares of municipality where the property is situated.
land in the Philippines, or has not had
the benefit of any gratuitous allotment The RTC shall have exclusive jurisdiction over
of more than 24 hectares of land since all applications original for registration of title,
the occupation of the Philippines by the with power to hear and determine all questions
United States arising upon such applications or petition. [Sec.
2, par. 2, P.D. No. 1529]
Note: they may enter a homestead of
not exceeding 24 hectares of Exception: Delegated jurisdiction to the MTC,
agricultural land of the public domain MeTC, and MCTC by the Supreme Court in
cadastral and land registration cases if:
a. There is no controversy over the land,
OR
b. Its value is less than P100,000 [Sec.
34, BP 129]

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2. Registration Process and 6. Whether or not there are Mortgages or

encumbrances of any kind affecting the
Requirements land;
7. The manner by which the applicant has
STEP 1: Survey acquired the land in accordance with
Survey of the land by the Bureau of Lands or a Sec. 14, P.D. 1529
duly registered private surveyor drawn on a 8. Original muniments of title, and
tracing cloth plan. 9. If the land is bounded by a public or
private way or road [Sec. 15, PD 1529]
Note: No plan of such survey, whether it be
original or subdivision, may be admitted in land c. Documents to accompany the application
registration proceedings until approved by the [from Regulations in Ordinary Land
Director of Lands [Sec. 1858, Administrative Registration Cases]
Code] 1. Tracing-cloth plan duly approved by
the Director of Lands, together with two
STEP 2: Filing of Application blueprint or photographic copies
Filing for application for registration by the thereof;
applicant at the RTC of the province, city, or 2. Three copies of the corresponding
municipality where the property is located [Sec. technical descriptions;
17, PD 1529] 3. Three copies of the surveyor’s
certificate;
a. Form of the application 4. All original muniments of title in the
1. In writing possession of the applicant which
2. Signed by the applicant/s or person prove his rights, to the title he prays for
duly authorized in his behalf or to the land he claims; and
3. Sworn before any officer authorized to 5. Certificate in quadruplicate of the city
administer oath for the province or city or provincial treasurer of the assessed
where the application was actually value of the land, at its last assessment
signed for taxation, or, in the absence thereof,
4. Application is presented in duplicate that of the next preceding year.
However, in case the land has not been
b. Contents of the application: assessed, the application may be
1. Full description of the land as accompanied with an affidavit in
evidenced by the survey plan; quadruplicate of the fair market value
2. The citizenship and civil status of the of the land, signed by three
applicant, whether single or married, disinterested persons.
and, if married, the name of the wife or
husband, and, if the marriage has been d. Land Registration Application Covering
legally dissolved, when and how the Two or More Parcels: An application may
marriage relation terminated. include two or more parcels of land
3. The full names and addresses of all belonging to the applicant/s provided that
occupants of the land and those of the they are situated within the same province
adjoining owners, if known, and, if not or city. The Court may at any time order an
known, it shall state the extent of the application to be amended by striking out
search to find them. one or more parcels or by a severance of
4. Whether the property is conjugal, the application. [Sec. 18, PD 1529]
paraphernal, or exclusively owned by
the applicant. e. Amendments to the Application
5. Assessed value of the land and the 1. Sec. 19, PD 1529 permits the
buildings and improvements thereon; applicants to amend the application
including joinder, substitution, or

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discontinuance as to parties at any 4. In re: Application for Land Registration

stage of the proceedings upon such v. Republic [G.R. No. 147359 (2008)]
just and reasonable terms as the court An applicant in a land registration case
may order: must prove the facts and
● Joinder – inclusion of additional circumstances evidencing the alleged
applicants; amended by adding ownership of the land applied for.
names of new applicants; General statements which are mere
● Substitution – replacement of the conclusions of law and not factual proof
original party by another of possession are unavailing. The
● Discontinuance – removal of deeds in its favor only proved
names of one or more applicants possession of its predecessors-in-
2. However, substantial amendments interest as early as 1948. (The law now
shall be subject to the same stands that a mere showing of
requirements of publication and notice possession for 30 years is not
as in an original application under Sec. sufficient. Open, continuous,
23 of PD 1529. Such substantial exclusive, and notorious (OCEN)
amendments include: possession must be shown to have
● A change in the boundaries started on June 12, 1945 or earlier.)
● An increase in the area of the land
applied for; or STEP 3: Setting of the date for the initial
● The inclusion of an additional land hearing of the application by the Court
3. Only where the original survey plan is a. The Court shall issue an order setting the
amended during the registration date and hour of the initial hearing within 5
proceedings, by the addition of land not days from filing of the application
previous included in the original plan, b. The initial hearing shall be 45 – 90 days
should publication be made in order to from the date of the order [Sec. 23, PD
confer jurisdiction on the court to order 1529]
the registration of the area added after ● If the date of the initial hearing was set
the publication of the original plan. If beyond the 90-day period, the Court will
the amendment involves a reduction in still acquire jurisdiction where the applicant
the original area, no new publication is has complied with all the requirements of
required. [Republic v. Court of Appeals the law. [Republic v. San Lorenzo Dev’t,
and Ribaya G.R. No. 113549 (1996)] G.R. No. 170724 (2007)]

f. Special Cases: STEP 4: Transmittal to the LRA

1. If the land is bounded by a road, the The application and the date of initial hearing
applicant must state in his application if together with all the documents or other
he claims any portion of the land within evidences attached thereto are transmitted by
the limits of the road, or if he likes to the Clerk of Court to the Land Registration
have the boundaries determined. [Sec. Authority (LRA).
20, PD 1529]
2. If the applicant is a non-resident, he STEP 5: Publication of a Notice of the Filing
shall appoint an agent or of the Application and date and place of
representative who is a Philippine hearing
resident. [Sec. 16, PD 1529] a. Publication shall be sufficient to confer
3. Intestate Estate of Don Mariano San jurisdiction upon the court. [Sec. 23, PD
Pedro v. CA G.R. No. 130727 (1996)]: 1529]
A person claiming ownership of real
property must clearly identify the land b. It is done to charge the whole world of
claimed by him. knowledge of the application of the land
involved, and invite them to take part in the

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case and assent and prove their rights over

the subject property thereof. [Agcaoili] a. Mailing:
1. Within 7 days from publication, the
c. Form and contents of the notice: CLR shall mail a copy of the notice
1. Addressed to all persons appearing to 2. Copies of the notice shall be mailed
have an interest in the land involved to:
2. Requires all persons concerned to ● Every person named in the notice
appear in court on the date and time whose address is known.
indicated to show cause why the ● the Secretary of Public Highways,
application for registration should not to the Provincial Governor, and to
be granted the Mayor of the municipality or
city, in which the land lies, if the
d. The public shall be given notice of the initial applicant requests to have the line
hearing of the application by publication of a public way or road determined
1. The Commissioner of Land ● Secretary of Agrarian Reform, the
Registration (CLR) shall cause it to be Solicitor General, the Director of
published once in the Official gazette Lands, the Director of Mines and/or
AND once in a newspaper of general the Director of Fisheries and
circulation Aquatic Resources, (as
2. This is sufficient to confer jurisdiction to appropriate) if the land borders on
the court a river, navigable stream or shore,
or on an arm of the sea where a
e. It is not necessary to give personal notice river or harbor line has been
to the owners or claimants of the land established, or on a lake, or if it
sought to be registered to vest the court otherwise appears from the
with authority over the res. Land application or the proceedings that
registration proceedings are actions in rem. a tenant-farmer or the national
[Director of Lands v. CA, G.R. No. 102858 government may have a claim
(1997)] adverse to that of the applicant

f. Once the registration court had acquired b. Posting:

jurisdiction over a certain parcel, or 1. CLR shall cause the sheriff or his
parcels, of land in the registration deputy to post the notice at least 14
proceedings in virtue of the publication of days before the hearing:
the application, that jurisdiction attaches to 2. In a conspicuous place on each parcel
the land or lands mentioned and described of land included in the application and
in the application. If it is later shown that the in a conspicuous place on the bulletin
decree of registration had included land or board of the municipal building of the
lands not included in the original municipality or city in which the land or
application as published, then the portion thereof is situated.
registration proceedings and the decree of 3. The court may also cause notice to be
registration must be declared null and void served to such other persons and in
insofar — but only insofar — as the land not such manner as it may deem proper.
included in the publication is concerned.
[Benin v. Tuason, G.R. No. L-26127 c. Notice of application and initial hearing by
(1974)] publication is sufficient and the mere fact
that a person purporting to have a
STEP 6: Service of Notice legitimate claim in the property did not
Service of notice upon contiguous owners, receive personal notice is not a sufficient
occupants and those known to have interest in ground to invalidate the proceedings
the property by the Sheriff; although he may ask for the review of the

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judgment or the reopening of the decree of the applicant, no reason to the contrary
registration, if he was made the victim of appearing, order a general default to be
actual fraud. [Republic v. Abadilla, CA, recorded and require the applicant to present
G.R. No. 6902-R (1951)] evidence. By the description in the notice “To
all Whom It May Concern,” all the world are
STEP 7: Answer made parties defendant and shall be
Filing of answer or opposition to the application concluded by the default order.
by any person whether named in the notice or
not; Where an appearance has been entered and
an answer filed, a special default order shall be
a. Who may file? Any person claiming an entered against persons who did not appear
interest, whether named in the notice or and answer. [Sec. 26, PD 1529]
not.
g. Effects of Default:
b. When to file? On or before the date of 1. With respect to the Applicant – he
initial hearing, or within such further time as has the right to present or adduce
may be allowed by the court. evidence ex parte
2. With respect to those covered by
c. What shall it contain? It shall state all the the default order – they have no
objections and the interest claimed by the legal standing in court; therefore,
party the remedy desired. they are no longer allowed to
participate and no opportunity to
d. How shall it be made? It shall be signed present evidence
and sworn to by him or by some other duly
authorized person. Sec. 25, PD 1529 h. For relief from an order of default, see Sec.
provides for the requisites of an opposition: 3, Rule 18, Rules of Court.
1. It shall set forth “all the objections to the
application” and STEP 8: Hearing of the case by the court
2. It shall state the “interest claimed by the a. Proof necessary in land registration
party filing the same” 1. Proof that land has been declassified
from the forest zone, is alienable or
e. Effect of Failure to Answer: disposable, and is registrable (e.g.
1. If no one appears/files an answer, upon Presidential proclamation, legislative
motion, the court shall order a default acts.
to be recorded. 2. Identity of the land (survey plan)
2. By the description in the notice "To all 3. Possession and occupation of the land
Whom It May Concern", all the world for the length of time and in the manner
are made parties defendant and shall required by law. [Sec. 4, PD 1073
be concluded by the default order. amending Sec. 48(b) and (c) of the
3. Where an appearance has been Public Land Act]
entered and an answer filed, a default 4. If he claims private ownership not
order shall be entered against persons because of his possession, he must
who did not appear and answer. prove the basis of such claim by
4. Absence of opposition does not justify submitting muniments of title.
outright registration. [Director of Lands
vs. Agustin, G.R. No. L-16173 (1921)] b. Proving Private Ownership
1. Spanish titles are inadmissible and
f. Order of Default: ineffective proof of ownership in
land registration proceedings filed
If no person appears and answers within the AFTER Aug. 16, 1976 [PD 892 as
time allowed, the court shall, upon motion of

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discussed in Santiago v. SBMA, d. Refer back or recommit the

G.R. No. 156888, (2006)] case to the referee for
2. Tax declaration and receipts are presentation of evidence
not conclusive but have strong ● According to Heirs of Mario
probative value when Malabanan v. Republic [G.R. No.
accompanied by proof of actual 179987 (2014)], the following
possession. [Municipality of matters must be established:
Santiago v. CA, G.R. No. L-49903 a. Issue of ownership;
(1983)] b. Possession and
3. Other proofs such as testimonial occupation of the land;
evidence c. Identity and description
of the land;
c. Applicable procedural law: d. That the land is
1. Reception of evidence is governed by alienable and
PD 1529 disposable of the public
2. Rules of Court shall, insofar as not domain; and
inconsistent with the provisions of the e. The applicant has
Decree, be applicable to land acquired the land
registration and cadastral cases by through any other
analogy or in a suppletory character modes of acquiring
and whenever practicable and ownership
convenient [Sec. 34, PD 1529]
3. Sec. 27, PD 1529: The trial court shall STEP 9: Promulgation of Judgment by the
see to it that all registration Court
proceedings are disposed within ninety a. This is the adjudication, determination, and
days from the date the case is resolution of the issue of ownership
submitted for decision. The Court may
either: b. Forms of Judgment:
1) Hear the parties and their 1. Dismissal of the application
evidence, or ● With prejudice – principle of res
2) Refer the case or any part judicata applies and the party can
thereof to a referee no longer re-file the case
● Referee shall hear the parties, ● Without prejudice – the party may
receive their evidence, and refile the case
submit his report thereon to the 2. Partial Judgment – in a case where
Court within 15 days after only a portion of the land subject of
termination of such hearing registration is contested, the court may
● Hearing before a referee may be render partial judgment provided that a
held at any convenient place subdivision plan showing the contested
within the province or city as may and uncontested portions approved by
be fixed by him and after the Director of Land is previously
reasonable notice thereof shall submitted to said court. [Sec. 28, PD
have been served to the parties 1529]
concerned 3. Judgment Confirming Title -
● Upon receipt of the report the Judgment may be rendered confirming
Court may: the title of the applicant, or the
a. Adopt the same oppositor as the case may be, to the
b. Set aside the report land or portions thereof upon finding
c. Modify the report that the party concerned has sufficient
title proper for registration. [Sec. 29,
PD 1529]

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c. Finality of Judgment - Sec. 30, par. 1, PD a. Decree is entered in the LRA

1529 provides that the judgment becomes b. Every decree of registration shall:
final upon the expiration of 30 days 1. Bear the day of the year, hour, and
counted from receipt of notice of judgment. minute of its entry,
2. Be signed by the Administrator of the
Note: This has been MODIFIED to the lapse of Land Registration Authority in his ex
15 days counted from receipt of notice of officio capacity as Clerk of Court in land
judgment as per Sec. 39, BP 129 registration matters
3. State whether the owner is:
STEP 10: Issuance of the decree ● Married or unmarried, and if
a. If the court finds after hearing that the married, the name of the husband
applicant or adverse claimant has title as or wife, provided that if the land
stated in his application or adverse claim adjudicated is conjugal property, it
and proper for registration, a decree of shall be issued in the names of
confirmation and registration shall be both spouses.
entered ● If the owner is under disability, it
shall state the nature of the
b. The Court declares the decision final and disability,
instructs the LRA to issue a decree of ● If the owner is a minor, his age
confirmation and registration within 15 4. Contain a description of the land as
days from entry of judgment finally determined by the court,
5. Set forth the estate of the owner, and
Note: It is not the court that issues the decree, also, in such manner as to show their
but the LRA who issues the decree of relative priority, all particular estates,
confirmation and registration. This duty to issue mortgages, easements, liens,
the decree of registration does not prescribe. attachments and other encumbrances,
Republic v. Nillas, G.R. No. 159595 (2007)] including rights of tenant-farmer, if any,
to which the land or owner’s estate is
c. One year after issuance of the decree, it subject,
becomes incontrovertible and 6. Contain any other matter properly to be
amendments of the same will not be determined [Sec. 31, PD 1529]
allowed except in cases of clerical errors
STEP 12: Sending of copy of the decree of
Court retains jurisdiction over the case until registration to the corresponding Register
after the expiration of 1 year from the issuance of Deeds (Registrar of Land Titles and Deeds)
of the decree of registration. [Gomez v. CA,
(1988)] STEP 13: Transcription of the decree of
registration
Note: While a decision in land registration a. It is transcribed in the registration book of
proceeding becomes final after the expiration the Registrar of Land Titles and Deeds
of thirty days from the date of service of its b. Registrar issues owner’s duplicate OCT of
notice, the decree of registration does not the applicant by the Registrar of Land Titles
become final until after the lapse of one year and Deeds, upon payment of the
from the date of its issuance and entry. prescribed fees.

STEP 11: Entry of the decree of registration

This serves as the reckoning date to determine
the 1-year period from which one can impugn
the validity of the registration. [Sec. 32, PD
1529]

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3. Remedies Appeal
Sec. 30, PD 1529 as amended by BP 129
REMEDIES OF AN AGGRIEVED PARTY provides that an appeal may be taken from the
judgment of the court as in ordinary civil cases.
An aggrieved party in a registration proceeding
may avail himself of the following remedies: a. Modes of appeal:
1. Motion for New Trial [see Rule 37, ROC] 1. Ordinary appeal – Appeal to the Court
Relief from Judgment [see Rule 38, ROC] of Appeals in cases decided by the
2. Appeal Regional Trial Court in the exercise of
3. Relief from Judgment its original jurisdiction
4. Petition for Review of Decree of 2. Petition for review – Appeal to the
Registration Court of Appeals in cases decided by
5. Action for Reconveyance the Regional Trial Court in the exercise
6. Quieting of Title of its appellate jurisdiction, in
7. Cancellation of Title accordance with Rule 42.
8. Action for Damages 3. Appeal by certiorari – In all cases
9. Action for Compensation from the where only questions of law are raised
Assurance Fund or involved, the appeal shall be to the
10. Annulment of Judgment or Final Orders Supreme Court, in accordance with
and Resolutions Rule 45.
11. Reversion
12. Criminal Prosecution b. Period of ordinary appeal: Within 15 days
from notice of the judgment of final order
Motion for New Trial appealed from. Where a record on appeal
The aggrieved party may move the trial court to is required, the appellant shall file a notice
set aside the judgment or final order and grant of appeal and a record on appeal within 40
a new trial for one or more of the causes days from notice of the judgment or final
materially affecting the substantial rights of the order. [Sec. 39, BP 129]
said party. [Herrera]
c. Perfection of appeal:
a. Grounds: 1. A party’s appeal by notice of appeal is
1. Fraud, accident, mistake, or excusable deemed perfected as to him upon the
negligence which ordinary prudence filing of the notice of appeal in due time.
could not have guarded against and by The Court loses jurisdiction over the
reason of which such aggrieved party case upon the perfection of the appeals
has probably been impaired in his filed in due time and the expiration of
rights; the time to appeal of the other parties.
2. Award of excessive damages, or 2. A party’s appeal by record on appeal is
insufficiency of the evidence to justify deemed perfected as to him with
the decision; and respect to the subject matter thereof
3. Newly discovered evidence which with upon the approval of the record on
reasonable diligence could have not appeal filed in due time. the court loses
been discovered and produced at the jurisdiction only over the subject matter
trial and which if presented would thereof upon the approval of the
probably alter the result. records on appeal filed in due time and
b. Period of filing: Within the 15 day period of the expiration of the time to appeal of
perfecting an appeal. [Sec. 39, BP 129] the other parties. [Sec. 9, Rule 41 of the
Rules of Court]

Unlike ordinary civil actions, the adjudication of

land in a cadastral or land registration

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proceeding does not become final in the sense and fair price at the time of the
of incontrovertibility until after the expiration of purchase or before receiving any
one (1) year after the entry of the final decree notice of another person’s claim
of registration. As long as a final decree has not [Rosales v. Burgos, G.R. No.
been entered by the LRA and the period of 1 143573 (2009)]
year has not elapsed from date of such decree,
the title is not finally adjudicated and the b. To whom available: Only to an aggrieved
decision in the registration proceeding party who has been deprived of land or any
continues to be under the control and sound estate or interest therein by decree of
discretion of the court rendering it. [Gomez v. registration
CA, G.R. No. 77770 (1988)]
c. When to file: Any time after the rendition of
Relief from Judgment the court’s decision and before the
a. Grounds: expiration of 1 year from entry of decree of
1. When a judgment or final order is registration
entered, or any proceeding is 1. Upon expiration of the 1 year period,
thereafter taken against a party in any every decree becomes incontrovertible
court through accident, mistake, or 2. The Court held that the petition may be
excusable negligence. filed at any time after rendition of the
2. When a judgment or final order is court’s decision (no need to wait for
rendered by any court in a case, and a actual entry in the LRA) and before
party thereto, by fraud, accident, expiration of one year from entry of the
mistake, or excusable negligence, has final decree of registration. [Rivera v.
been prevented from taking an appeal. Moran, G.R. No. L-24568 (1925);
Director of Lands v. Aba, G.R. No. L-
b. Period of filing: Within 60 days after the 45648 (1939)]
petitioner learns of the judgment, final
order, or other proceedings to be set aside, d. Sole and ONLY Ground: Actual Fraud
and not more than 6 months after such 1. Actual fraud proceeds from an
judgment or final order was entered, or intentional deception practiced by
such proceeding was taken. means of misrepresentation or
concealment of material fact
Petition for Review of Decree of 2. The fraud must consist in an intentional
Registration omission of fact required by law to be
a. Requisites: stated in the application or a wilful
1. The petitioner has a real and dominical statement of a claim against the truth
right; 3. Any fraudulent act of the successful
2. That he has been deprived thereof party in a litigation which is committed
(through fraud); outside the trial of a case against the
3. That the action is filed within one year defeated party, or his agents, attorneys
from the issuance and entry of the or witnesses, whereby said defeated
decree of registration; and party is prevented from presenting fully
4. That the property has not been and fairly his side of the case. [Sterling
transferred to an innocent purchaser Investment Corporation v. Ruiz, G.R.
for value. [Agcaoili, citing Walstrom v. No. L-30694 (1969)]
Mapa, G.R. No. 38387 (1990)]
● An innocent purchaser for value is Action for Reconveyance
one who buys the property of An action for reconveyance is the remedy
another without notice that some granted to the rightful owner of land which has
other person has a right to or been wrongfully or erroneously registered in
interest in it, and who pays a full the name of another for the purpose of

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compelling the latter to transfer or reconvey the

land to him. [Esconde v. Barlongay, G.R. No. 1. Who may file: See Sec. 1, Rule 63, ROC
L-67583 (1987)] 2. Requisites:
a. Plaintiff or complainant has a legal or
Reconveyance is available not only to the legal an equitable title to or interest in the
owner of the property, but also the the person real property subject of the action; and
with a better right than the person under whose b. The deed, claim, encumbrance or
name said property was erroneously proceeding claimed to be casting a
registered. [Gasataya v. Mabasa, G.R. No. cloud on his title must be shown to be
148147 (2007)] in fact invalid or inoperative despite its
prima facie appearance of validity or
1. When to file: legal efficacy.
a. Before issuance of decree, or
within/after 1 year from entry Cancellation of Title
b. If based on implied trust, 10 years; The cancellation of title is initiated by a private
c. If based on express trust and void party usually in a case where there are two
contract, or if the plaintiff is in titles issued to different persons for the same
possession of the land, imprescriptible lot. [Agcaoili]
d. If based on fraud, 4 years from the
discovery Action for Damages
An Action for damages can be availed of when
2. It does not reopen proceedings but a mere reconveyance is no longer possible as when
transfer of the land from registered owner the land has been transferred to an innocent
to the rightful owner [Esconde v. purchaser for value [Ching v. CA, G.R. No. L-
Barlongay, supra] 59731 (1990)]

3. Requisites: An ordinary action for damages prescribes in

a. The action must be brought in the 10 years after the issuance of the Torrens title
name of a person claiming ownership over the property.
or dominical right over the land
registered in the name of the Action for Compensation from the
defendant; Assurance Fund
b. The registration of the land in the name Requisites:
of the defendant was procured through 1. That a person sustains loss or damage, or
fraud or other illegal means; is deprived of any estate or interest in land;
c. The property has not yet passed to an 2. On account of the bringing of land under
innocent purchaser for value; and the operation of the Torrens System arising
d. The action is filed after the certificate of after original registration;
title had already become final and 3. Through fraud, error, omission, mistake or
incontrovertible but within 4 years from misdescription in a certificate of title or
the discovery of the fraud [Balbin v. entry or memorandum in the registration
Medalla, G.R. No. L-46410 (1981)] or book;
not later than 10 years in the case of an 4. Without negligence on his part; and
implied trust [New Regent Sources, 5. Is barred or precluded from bringing an
Inc. v. Tanjuatco, G.R. No. 168800 action for the recovery of such land or
(2009)] estate or interest therein. [Agcaoili]

Quieting of Title Annulment of Judgment or Final Orders

Quieting of title is the remedy for the removal and Resolutions
of any cloud of doubt or uncertainty with A judgment of annulment shall set aside a
respect to real property. questioned judgment or final order or resolution

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in civil actions of the Regional Trial Courts for

which the ordinary remedies of new trial, The State may criminally prosecute for perjury
appeal, petition for relief or other appropriate the party who obtains registration through
remedies are no longer available through no fraud, such as by stating false assertions in the
fault of the petitioner. sworn answer required of applicants in
cadastral proceedings. [People of the
a. Grounds: Philippines v. Cainglet, G.R. Nos. L-21493-94
1. Extrinsic Fraud (1966)
● Extrinsic fraud shall not be a valid
ground if it was availed of, or could 4. Cadastral Registration
have been availed of, in a motion
for new trial or petition for relief. It is a proceeding in rem, initiated by the filing
[Sec. 2, Rule 47 of the Rules of of a petition for registration by the
Court] government, not by the persons claiming
2. Lack of Jurisdiction ownership of the land subject thereof, and the
latter are, on the pain of losing their claim
Reversion thereto, in effect compelled to go to court to
A reversion is instituted by the government, make known their claim or interest therein, and
through the Solicitor General in all cases where to substantiate such claim or interest.
lands of public domain are held in violation of
the Constitution or were fraudulently conveyed. Unlike other kinds of registration, this is
compulsory as it is initiated by the
Any acquisition, conveyance, alienation, government.
transfer, or other contract made or executed in
violation of any of the provisions of sections The government does not seek the registration
118, 121, 122, and 123 of the Public Land Act of land in its name. The objective of the
may be the subject of reversion. [Sec. 24, C.A. proceeding is the adjudication of title to the
No. 141 or The Public Land Act, as amended] lands or lots involved in said proceeding.
[Agcaoili]
The certificate of title issued pursuant to a void
patent may be ordered cancelled and the land Purpose:
reverted to the State through an action for 1. To serve the public interest by requiring
reversion filed by the Solicitor General. that the titles to any unregistered lands be
Similarly, an action for cancellation of title and settled and adjudicated
reversion may be filed by the Solicitor General 2. To settle all disputes over the land; and
where the land decreed by the registration 3. To remove all clouds over land titles, as far
court is inalienable. This action cannot be as practicable
barred by the prior judgment of said court since
it had no jurisdiction over the subject matter. Period of Filing: Extended up to December
[Republic v. Court of Appeals and Alpuerto, 31, 2020 [Sec. 2, R.A. 9176 (2002)]
G.R. No. L-45202 (1980)]
Only unregistered lands may be the subject
The Indefeasibility of title, prescription, laches, of a Cadastral Survey
and estoppel do not bar reversion suits. The object of cadastral proceedings is to “settle
and adjudicate” lands. Private lands are not
Criminal Prosecution contemplated since ownership thereof had
Sec. 116 of the Land Registration Act: already been finally determined and
Whoever knowingly swears falsely to any adjudicated. [Agcaoili]
statement required to be made under oath by
this Act shall be guilty of perjury and liable to When once decreed by a court of competent
the penalties provided by laws for perjury. jurisdiction, the title to the land thus determined

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is already res judicata, and binding on the PROCEDURE IN CADASTRAL

whole world, the proceeding being in rem. REGISTRATION (Sec. 35 and 36, PD 1529)
[Duran v. Olivia, G.R. No. L-16589 (1961)]
STEP 1: Determination of the President that
Cadastral Distinguished from Ordinary public interest requires title to unregistered
Registration lands be settled and adjudicated.
Ordinary Cadastral
Registration Registration President then orders the Director of Lands to
Voluntary Compulsory conduct a cadastral survey.
Applicant is a person STEP 2: Director of lands shall make a
Applicant is the
claiming title to the
Director of Lands cadastral survey.
land
Usually involves STEP 3: Director of Lands gives notice to
private land; it may
interested persons and to the general public.
also refer to public
agricultural lands if
Contents of the Notice:
the object of the All classes of land are
1. Day on which the survey will begin
action is judicial covered (private and
confirmation of public alienable lands) 2. Full and accurate description of the lands
imperfect or to be surveyed
incomplete title (in
which case CA 141 STEP 4: Publication of notice
applies) 1. Published once in the Official Gazette
Applicant comes to 2. A copy of the notice in English or the
Government asks the national language shall be posted in a
court to confirm his
court to settle and conspicuous place on the bulletin board
title and seek
adjudicate the title of of the municipal building of the
registration of the
the land municipality in which the lands or any
land in his name
In cadastral portion thereof is situated
registration, if the
applicant cannot A copy of the notice shall also be sent to:
If the applicant fails to prove that he is a. Mayor of the municipality
prove his title, entitled to the land, the b. Barangay captain
application may be land becomes public c. Sangguniang Panlalawigan and
dismissed without land. Sangguniang Bayan concerned
prejudice. [Santiago
v. Santos, G.R. No. However, the STEP 5: Geodetic engineers or other Bureau
31568, March 19, cadastral case of Land employees in charge of the survey
1930; Verzosa v. decision does not shall give notice reasonably in advance of the
Nicolas, G.R. No. constitute res judicata date of the survey. They shall also mark the
9227, February 10, as to bar even the
boundaries of the lands with monuments.
1915] same claimant from
subsequently filing an
STEP 6: Interested persons should
If the judgment application for judicial
confirmation of title to communicate with the geodetic engineer if he
determines requests for any information about the land.
ownership, then it is the same land,
res judicata upon the provided the
requisites are STEP 7: Actual survey and plotting of the land.
parties.
complied with. [Director
of Lands v. CA & Pastor, STEP 8: Director of Lands represented by
G.R. No. L-47847, July Solicitor General shall institute original
31, 1981] registration proceedings.

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1. Petition is filed in the appropriate RTC

where the land is situated
E. SUBSEQUENT
2. Contents of the Petition: REGISTRATION
a. That public interest requires that the
title to such lands be settled and SUBSEQUENT REGISTRATION
adjudicated and praying that such titles A proceeding where incidental matters after
be so settled and adjudicated original registration may be brought before the
b. Description of the lands land registration court by way of motion or
c. Accompanied by a plan thereof petition filed by the registered owner or a party
d. Such other data as may serve to in interest
furnish full notice to the occupants of
the lands and to all persons who may Necessity and Effects Of Registration
claim any right or interest therein [Sec. 51 and 52, PD 1529]

STEP 9: Publication, mailing posting 1. The deed, mortgage, lease, or other

voluntary instrument, except a will shall
STEP 10: Hearing ONLY operate as:
a. A contract between the parties and
Jurisdiction of the Cadastral Court: b. Evidence of authority to the Register of
1. Adjudicate title to any claimant thereto Deeds to make registration.
2. Declare land as a public land 2. The act of registration shall be the
3. Order correction of technical description operative act to convey or affect the land
4. Order the issuance of new title in place of insofar as third persons are concerned.
the title issued under voluntary 3. Also, by registration, it creates constructive
registration proceedings notice to the world.
5. Determine the priority of overlapping title
6. Order the partition of the property Registration of a document is ministerial on the
part of the Register of Deeds. The purpose of
STEP 11: Decision registering an instrument is to give notice
thereof to all persons, not to destroy or affect
STEP 12: Issuance of the decree and already registered rights over the land at the
certificate of title time of the registration. Registration must first
be allowed, and validity or effect litigated
Note: Reopening of cadastral cases no longer afterwards. [Gurbax Singh Pabla & Co. v.
allowed. RA 931, effective June 20, 1953 for Reyes, G.R. No. L-3970 (1952)]
five (5) years, authorizing the reopening of
cadastral cases under certain conditions and As between the parties to a contract of sale,
which had been extended until Dec. 31, 1968, registration is not necessary to make it valid
is no longer in force. and effective, for actual notice is equivalent to
registration. [Agcaoili]
Courts are thus without jurisdiction or authority
to reopen a cadastral proceeding since Dec. The act of registration creates a constructive
31, 1968. [Aquino, citing Republic v. Estenzo, notice to the whole world and binds third
G.R. No. L-35512 (1988)] persons. [Garcia v. Court of Appeals, G.R. No.
L-56483 (1984)]

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Voluntary Dealings Compared to An innocent Saberon v.

Involuntary Dealings purchaser for value Ventanilla, Jr., G.R.
Involuntary of registered land No. 192669 (2014):
Voluntary Dealings
Dealings becomes the Entry thereof in the
Refer to deeds, Refer to the writs, registered owner the day book of the
instruments, or orders, or processes moment he presents ROD is sufficient
documents which issued by the court and files a duly notice to all persons
are results of the of record affecting notarized and valid even if the owner’s
free and voluntary registered land, also deed of sale and the duplicate certificate
acts of the parties other instruments same is entered in of title is not
thereto. which are not willful the day book of the presented to the
acts of the ROD and at the ROD.
registered owner, same time he
executed without his surrenders or
knowledge or presents the owner’s
consent. duplicate certificate
of title covering the
1. Sale 1. Attachment land sold and pays
2. Real property 2. Mandamus the registration fees.
mortgage 3. Sale on Villasor v. Camon, Director of Lands v.
3. Lease execution of R-C.A. No. 8551 Reyes, G.R. No. L-
4. Pacto de retro judgment or (1951): It is 27594 (1976): Entry
sale sales for taxes necessary to in the day book of
5. Extra-judicial 4. Adverse claims register the deed or the ROD is sufficient
settlement 5. Notice of lis instrument in the notice to all persons
6. Free pendens entry book of the of an adverse claim
patent/homeste 6. Expropriation ROD and a without the same
ad 7. Forfeiture memorandum being annotated at
7. Powers of 8. Auction sale on thereof shall also be the back of the
attorney foreclosure of made in the owner’s certificate of title
8. Trusts mortgage duplicate certificate
and its original
Presentation of the Entry in the day Sps. Labayen v. Armed Forces and
owner’s duplicate book of ROD is Serafica, G.R. No. Police Mutual
certificate of title is sufficient notice to 178443 (2008): At Benefit Association,
required to notify; all persons the time of the filing Inc. v. Santiago,
mere entry in the of the petition for G.R. No. 147559
day book of the cancellation of (2008): Entry of the
Register of Deeds encumbrance, the attachment in the
(ROD) is insufficient lease contract books is sufficient
already lost its notice to all persons.
efficacy. Thus, there Hence, the fact that
is no basis to save the deed of sale was
its annotation on already annotated is
defendant’s title. of no moment with
The fact that the regard to third
cancellation of the persons. The
lease contract was preference created
forged is of no by the levy on
moment, for there attachment is not
diminished by the

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was no violation of a subsequent RELIANCE ON TITLE

right. registration of the General Rule: A person dealing with registered
deed of sale. property need not go beyond, but only has to
rely on, the title. [Campillo v. PNB, G.R. No.
1. Voluntary Dealings L-19890 (1969)]

Voluntary dealings are deeds, instruments, He is charged with notice only of such burdens
and claims which are annotated on the title, for
documents which are the results of free and
voluntary acts of parties thereto. registration is the operative act that binds the
property.
The act of registration shall be the operative act
Exception: When should a purchaser
to convey or affect the land insofar as third
investigate?
persons are concerned. [Sec. 51, PD 1529]
1. Banks are required to exercise more
INNOCENT PURCHASER FOR VALUE AND care and prudence in dealing with
IN GOOD FAITH registered lands for their business is
An innocent purchaser for value refers to one affected with public interest. The
someone who "buys the property of another general rule does not apply. [Omengan
without notice that some other person has a v. PNB, G.R. No. L161319 (2007)]
right to or interest in it, and who pays a full and 2. When the purchaser or mortgagee is a
financing institution [Dela Merced v.
fair price at the time of the purchase or before
receiving any notice of another person’s claim." GSIS, G.R. No. 140398]
3. When party concerned has actual
[Sps. Villamil v. Villarosa, 602 Phil. 932, 941
(2009)] knowledge of facts and circumstances
that would impel a reasonably cautious
man to make inquiry. [Leung Yee v.
Good faith consists in the possessor’s belief
Strong Machinery Company, G.R. No.
that the person from whom he received the
L-11658 (1918)]
thing was the owner of the same and could
convey his title, and there was an honest 4. When purchaser is in bad faith; e.g. he
intention to abstain from taking any had full knowledge of a previous sale.
unconscientious advantage from another. [Jamoc v. CA, 200 SCRA 74 (1991)]
[Duran v. IAC, G.R. No. L-64159 (1985), Fule 5. Purchaser of land where the certificate
v. De Lagra] of title contains a notice of Lis pendens;
6. When a person buys land from one
Where innocent third persons relying on the whose rights over the land is evidenced
correctness of the certificate of title issued only by a deed of sale and an
acquire rights over the property, the court annotation in the certificate of title but
cannot disregard such rights and order the total no TCT. [Quiniano v. CA, G.R. No. L-
cancellation of the certificate of title for that 28466 (1971)]
would impair the public confidence in the
certificate of title. [Duran v.IAC, G.R. No. L- DOUBLE SALE
Where two certificates of title are issued to two
64159]
different persons covering the same parcel of
MORTGAGEE IN GOOD FAITH land in whole or in part, the earlier in date must
Even if the mortgagor is not the rightful owner prevail as between the original parties and in
of, or does not have the valid title to the case of successive registration where more
mortgaged property, the mortgagee in good than one certificate is issued over the land, the
faith is entitled to protection. [Llanto v. Alzona, person holding title under the prior certificate is
entitled to the property as against the person
G.R. No. 150730, (2005)]
who relies on the second certificate. [National

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U.P. LAW BOC LAND TITLES AND DEEDS CIVIL LAW

Housing Authority v. Laurito, G.R. No. 191657 d. Each page of the copy of the
(2017)] instrument, except the page where
the signatures already appear at
The purchaser from the owner of the later the foot of the instrument, shall be
certificate and his successors should resort to signed on the left margin thereof by
the vendor for redress, rather than molest the the parties and their witnesses, and
holder of the first certificate and his sealed with the notarial seal. This
successors, who should be permitted to rest fact as well as the number of the
secure in their title. [Gatioan v. Gaffud, G.R. pages shall be stated in the
No. L-2153 (1969) acknowledgment

FORGED DEED c. File instrument creating or transferring

General Rule: A forged deed is an absolute interest and certificate of title with Register
nullity and conveys no title. of Deeds together with:
1. Owner’s duplicate
Exception: If there is good faith, a TCT has • Serves as conclusive authority
already been issued to the purchaser, the latter from the registered owner to the
being an innocent purchaser for value Register of Deeds to enter a new
according to Sec. 39, PD 1529, then the title is certificate or to make a new
good. memorandum of registration in
accordance with the voluntary
Registration of Voluntary Instruments in instrument presented. [Sec. 107.
General P.D. 1529]
Process of Registration [Sec. 55, PD 1529] • The issuance of a new transfer
a. The deed or other voluntary instrument certificate without presentation of
must contain: an owner’s duplicate is
1. The following details of the grantee or unwarranted and confers no right
other person acquiring or claiming on the purchaser [PNB v.
interest: Fernandez, 1935]
● Full name 2. Payment of fees & documentary
● Nationality stamp tax
● Residence 3. Evidence of full payment of real
● Postal address estate tax
● Civil status (if married, include 4. Document of transfer – 1 copy
name in full of spouse) additional for city/provincial
2. If grantee is a corporation: It must assessor
contain a recital showing that such
corporation or association is legally d. Payment of fees and DST
qualified to acquire private lands 1. After payment of entry fee the Register
of Deeds shall enter the instruments in
b. It must be executed in accordance with a primary entry book [Sec. 56, PD
P.D. Sec. 112. It shall be: 1529].
a. In a public instrument executed in 2. The national, provincial and city
accordance with law governments are exempted from
b. Signed by the parties in the payment of entry fees.
presence of at least 2 witnesses 3. RA 456 prohibits registration of
who shall likewise sign thereon; documents affecting real property
c. Where the instrument has for its which is delinquent in the payment of
object 2 or more parcels of land, real estate taxes. Further, if evidence
the number thereof shall also be of such payment is not presented with
stated in the acknowledgment 15 days from the date of entry of said

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U.P. LAW BOC LAND TITLES AND DEEDS CIVIL LAW

document in the primary entry book of place of registration of the certificate of

the register of deeds the entry shall be title of the land conveyed.
deemed cancelled.
b. If only a portion of property is the subject
e. Entry of the Instrument in the Primary [Sec. 58, PD 1529]
Entry Book: Instruments are regarded as 1. Include a plan which shows all the
registered from the time the Register of portions already subdivided with
Deeds enters them in the book. verified and approved technical
description.
f. TCT shall then be issued. 2. That plan with the certified copy of the
technical descriptions shall be filed with
Registration of Dealings Less than the Register of Deeds for annotation in
Ownership [Sec. 54, PD 1529] the TCT.
If an instrument does not divest ownership or 3. Register of Deeds shall issue a TCT
title from owner or from transferee of the and cancel the grantor's certificate
registered owners, then NO NEW partially OR it may be cancelled totally
CERTIFICATE shall be entered or issued. and a new one issued describing
therein the remaining portion
Process of Registration for Dealings less
than Ownership c. If there are SUBSISTING encumbrances
a. Filing of the instrument with the Register of and annotations: They shall be carried
Deeds over in the new certificate or certificates;
b. A brief memorandum thereof is made: except when they have been
1. On the certificate of title by the Register simultaneously discharged.
of Deeds and signed by him, and
2. On the owner’s duplicate Registration of Mortgages and Leases [Sec.
60, PD 1529]
Cancellation or extinguishment of such Sec. 60, PD 1529 provides that mortgages and
interests shall be registered in the same leases shall be registered in the manner
manner. provided in Sec. 54 (Dealings less than
ownership).
Registration of Deeds of Sale and Transfers
a. If entire property is the subject [Sec. 57, The deed shall take effect upon the title only
PD 1529] from the time of registration.
1. Owner executes and registers the deed
which must be sufficient in form. When a deed of mortgage is presented, the
2. A new certificate of title is issued and Register of Deeds will enter upon the OCT and
Register of Deeds prepares and upon the owner’s duplicate a memorandum
delivers to grantee his owner's thereof and shall sign said memorandum.
duplicate certificate
3. Register of Deeds notes upon the OCT Registration of Powers of Attorneys [Sec.
and the duplicate certificate the date of 64, PD 1529]
transfer, the volume and page of the Powers of attorney and revocations shall be
registration book where the new registered with the Register of Deeds of the
certificate is registered province or city where the land lies.
4. The original and the owner's duplicate
of the grantor's certificate shall be Any instrument revoking such power shall be
stamped "cancelled". registered in like manner.
5. The deed of conveyance shall be filed
and indorsed with the number and the

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Registration of Trusts
Registration is by memorandum: ATTACHMENTS
a. A memorandum by the words “in trust” or Attachment is a writ issued at the institution or
“upon condition” or other apt words is made during progress of an action commanding the
if a deed or other instrument is filed in order sheriff to attach the property, rights, credits or
to: effects of the defendant to satisfy demands of
1. Transfer registered land in trust, or the plaintiff.
upon any equitable condition or
limitation expressed therein, or Kinds
2. Create or declare a trust or other a. Preliminary
equitable interests in such land without b. Garnishment
transfer [Sec. 65, PD 1529] c. Levy on execution

b. A memorandum by the words “with power Process of Registration

to sell,” or “power to mortgage” or other apt a. Copy of writ in order to preserve any lien,
words is made when: The instrument right or attachment upon registered land
creating or declaring a trust or other shall be filed with the Register of Deeds
equitable interest contains an EXPRESS where the land lies, containing number of
POWER to sell, mortgage, or deal with the certificate of title of land to be affected or
land in any manner description of land [PD 1529, Sec 69]

However, if an implied or constructive trust is b. Register of Deeds to index attachment in

claimed, person claiming such must execute a names of both plaintiff & defendant or
sworn statement thereof with the Register of name of person whom property is held or in
Deeds, containing a description of the land, the whose name stands in the records
name of the registered owner and a reference 1. If duplicate of certificate of title is not
to the number of the certificate of title. Such presented:
claim shall not affect the title of a purchaser for ● Register of Deeds shall within 36
value and in good faith before its registration. hours send notice to registered
[Sec. 68, PD 1529] owner by mail stating that there
has been registration &
2. Involuntary Dealings requesting him to produce
duplicate so that memorandum
Involuntary dealings refer to the writ, order, or be made
process issued by the court of record affecting ● If owner neglects or refuses –
registered land, also other instruments which Register of Deeds shall report
are not willful acts of the registered owner, matter to court.
executed without his knowledge or consent. 2. Court after notice shall enter an order
to owner to surrender certificate at
The entry thereof in the day book is sufficient time & place to be named therein.
notice to all persons of such adverse claim.
[Agcaoili] c. Although notice of attachment is not noted
in duplicate, notation in book of entry of
The following involuntary dealings affecting Register of Deeds produces effect of
registered land must be registered: registration already
a. Attachments [Sec. 69, PD 1529]
b. Adverse claim [Sec. 70, PD 1529] Effect of registration of attachment
c. Sale on execution or for taxes or for i. Creates real right
any assessment [Sec. 74, PD 1529] ii. Has priority over execution sale
d. Notice of lis pendens [Sec. 76, PD iii. But between 2 attachments – one that
1529] is earlier in registration is preferred

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Duty of Register of Deeds - Duty is ministerial Adverse claim is not ipso facto cancelled after
but may refuse registration in the following 30 days, hearing is necessary. [Sajonas v. CA,
circumstances: G.R. No. 102377 (1996)]
a. Title to land is not in the name of
defendant SALE ON EXECUTION OR FOR TAXES OR
Exception: If petitioner is an heir FOR ASSESSMENT

b. No evidence is submitted to show that Execution sale

he has present or possible future 1. To enforce a lien of any description on
interest in land registered land, any execution or
affidavit to enforce such lien shall be
ADVERSE CLAIM filed with Register of Deeds where the
A claim is adverse when: [Sec. 70, par. 1, PD land lies
1529] 2. Register in the registration book &
a. Claimant’s right or interest in registered memorandum upon proper certificate
land is adverse to the registered owner, of title as adverse claim or as an
and encumbrance
b. Such right arose subsequent to date of 3. To determine preferential rights
original registration, and between 2 liens: priority of registration
c. No other provision is made in the of attachment
Decree for the registration of such right
or claimant Tax sale
1. Sale of land for collection of delinquent
Requisites for registration of an adverse taxes and penalties due the Government
claim: 2. In personam (all persons interested shall
a. The adverse claimant must give a be notified so that they are given
statement of the following in writing: opportunity to be heard)
1. His alleged right or interest a. Notice to be given to delinquent
2. How and under whom such alleged taxpayer at last known address
right or interest is acquired b. Publication of notice must also be
3. The description of the land in which the made in English, Spanish & local
right or interest is claimed and dialect & posted in a public &
4. The number of the certificate of title conspicuous place in place wherein
b. The statement must be: property is situated & at the main
1. Signed by the adverse claimant entrance of the provincial building
2. Sworn before a notary public 3. Sale cannot affect rights of other lien
c. The statement must also state his holders unless they are given the right to
residence or the place to which all notices defend their rights: due process must be
may be served upon him. [Lozano v strictly observed
Ballesteros, G.R. No. 49470 (1991)] 4. Tax lien superior to attachment

Duration of an adverse claim Note: No need to register tax lien because it is

a. 30 days from the date of registration. automatically registered once the tax accrues.
b. After that the annotation of adverse However, sale of registered land to foreclose a
claim may be cancelled upon filing of a tax lien needs to be registered.
verified petition by the party in interest.
Process of Registration
When cancelled, no second adverse claim 1. Officer’s return shall be submitted to
based on the same ground may be registered Register of Deeds together with
by the same claimant. duplicate title
2. Register in the registration book

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3. Memorandum shall be entered in the 6. Foreclosure [Magdalena Homeowners

certificate as an adverse claim or Association, Inc. v. Court of Appeals,
encumbrance GR No. 60323 (1990)]
4. After the period of redemption has
expired & no redemption (2 years from Process of Registration: By Memorandum
registration of auction sale) is made: or Notice stating
cancellation of title & issuance of a new 1. The institution of the action or
one proceeding
5. Before cancellation, notice shall be 2. The court wherein the same is pending
sent to registered owner: to surrender 3. The date of the institution of the action
title & show cause why it shall not be 4. Reference to the number of the
cancelled certificate of title
5. Adequate description of the land
Note: Actual knowledge of a person is affected and registered owner thereof
equivalent to registration as against him
Other parties who need to register
LIS PENDENS 1. Assignee in involuntary proceeding for
Literally means “pending suit.” It is an insolvency
announcement to the whole world that a a. Duty of the officer serving notice to file
particular real property is in litigation. The a copy of the notice to the Register of
inscription serves as a warning that one who Deeds where the property of debtor lies
acquires an interest over litigated property b. Assignee elected or appointed by court
does so at his own risk, or that he gambles on shall be entitled to entry of new
the result of the litigation over the property. certificate of registered land upon
[Marasigan v. Intermediate Appellate Court, presentment of copy of assignment
GR No. L-69393 (1987)] with bankrupt’s certificate of title
(duplicate)
It keeps the subject matter within the power of c. New certificate shall note that it is
the court until the entry of final judgment. It is entered to him as assignee or trustee
not a lien or encumbrance, but a mere in insolvency proceedings
cautionary notice. [Tanchoco v. Aquino, GR 2. Government in eminent domain
No. L-30670 (1987)] a. Copy of judgment shall be filed in the
Register of Deeds which states
When notice of lis pendens is proper: description of property, certificate
1. To recover possession of real estate number, interest expropriated, nature
2. To quiet title of public use
3. To remove clouds upon the title thereof b. Memorandum shall be made or new
4. For partition certificate of title shall be issued
5. Other proceedings of any kind in court
directly affecting the title to land or the Effect of registration
use or occupation thereof or the 1. Impossibility of alienating the property
buildings thereon in dispute during the pendency of the
suit – may be alienated but purchaser
When notice of lis pendens is NOT proper: is subject to final outcome of pending
1. Proceedings for the recovery of money suit
judgments 2. Register of Deeds is duty bound to
2. Attachments carry over notice of lis pendens on all
3. Proceedings on the probate of wills new titles to be issued
4. Administration of the estate of
deceased persons
5. Levies on execution

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Cancellation of lis pendens [Sec. 77, PD (i) Those intended for public use, such as
1529] roads, canals, rivers, torrents, ports
Under Sec. 4, Rule 13 of the 1997 Rules of Civil and bridges constructed by the State,
Procedure, a notice of lis pendens may banks, shores, roadsteads, and others
cancelled on the following grounds: of similar character;
1. The annotation was for the purpose of (ii) Those which belong to the State,
molesting the title of the adverse party; without being for public use, and are
2. The annotation is not necessary to protect intended for some public service or for
the title of the party who caused it to be the development of the national wealth.
recorded.
2. Waters under Art. 502, CC
Requisites: (i) Rivers and natural beds
1. Before final judgment (ii) Continuous or intermittent waters of
2. Upon order of the court springs and brooks running in their
3. Upon Action by the Register of Deeds at natural beds and the beds themselves
the instance of the party that caused the (iii) Waters rising continuously or
registration or upon verified petition of the intermittently on lands of public
latter; and dominion
4. Must be due to the grounds mentioned. (iv) Lakes and lagoons formed by Nature
[Pena] on public lands, and their beds
(v) Rain waters running through ravines or
sand beds, which are also part of public
F. NON-REGISTRABLE dominion;
PROPERTIES (vi) Subterranean waters on public lands
(vii) Waters found within the zone of
operation of public works, even if
Sec. 2, Art. XII, 1987 Constitution. All lands
constructed by a contractor
of the public domain, waters, minerals, coal,
(viii) Waters rising continuously or
petroleum, and other mineral oils, all forces
intermittently on lands belonging to
of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other private persons, to the State, to a
province, or to a city or municipality
natural resources are owned by the State.
from the moment they leave such lands
(ix) The waste waters of fountains, sewers,
Sec. 2, Art. XI, 1987 Constitution. With the
and public establishments
exception of agricultural lands, all other
natural resources shall not be alienated.
Specific kinds of non-registrable properties
or lands
The classification of public lands is an
1. Forest or timberland, public forest,
exclusive prerogative of the Executive
forest reserves
Department of the Government and not of the
2. National parks – Under the present
courts. In the absence of such classification,
Constitution, national parks are declared
the land remains as unclassified land until it is
part of the public domain, and shall be
released therefrom and rendered open to
conserved and may not be increased nor
disposition. [Aquino, citing Director Lands and
diminished, except by law [Rep. v AFP
Director of Forest Development v. CA, G.R.
Retirement and Separation Benefits
No. L-58867 (1984)]
System, G.R. No. 180463 (2013)]
3. Mangrove swamps - Mangrove swamps
Civil Code provisions dealing with non-
or mangroves should be understood as
registrable properties
comprised within the public forests of the
1. Properties of public dominion [Art. 420, CC]
Philippines as defined in Sec. 1820,
Administrative Code of 1917. [Director of

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U.P. LAW BOC LAND TITLES AND DEEDS CIVIL LAW

Forestry v. Villareal, G.R. No. L-32266 13. Reservations for public and semi-public
(1980)] purposes – Sec. 14, Chapter 4, Book III of
4. Mineral lands - Both under the 1987 EO No. 292 provides that the President
Constitution and Sec. 2 of the Public Land shall have the power to reserve for
Act, mineral lands are not alienable and settlement or public use, and for specific
disposable. [Lepanto Consolidated Mining public purposes, any of the lands of public
Co. v. Dumyung, G.R. No. L-31666 (1979)] domain, the use of which is not otherwise
5. Foreshore land and seashore and directed by law.
reclaimed lands- Seashore, foreshore,
and/or portions of territorial waters and The land registration court has no jurisdiction
beaches, cannot be registered. Even over non-registrable property and cannot
alluvial formation along the seashore is validly adjudge the registration of title thereof in
part of public domain. [Aquino, citing Dizon favor of a private applicant. [Peña]
v. Rodriguez, G.R. Nos. L-20300-01
(1965)] Thus, where it has so been adjudged, the river
6. Lakes - Lakes are part of public dominion. not being capable of private appropriation or
[Art. 502(4), CC] acquisition by prescription, the title thereto may
7. Creeks and Streams – A dried up creek be attacked, either directly or collaterally, by
bed is property of public dominion the State which is not bound by any
[Fernando v. Acuna, G.R. No. 161030 prescriptive period provided by the Statute of
(2011)] Limitation. [Peña, citing Martinez v. CA, G.R.
8. Military or Naval Reservations - The No. L-31271 (1974)]
reservation made segregates it from the
public domain and no amount of time in Patrimonial Property
whatever nature of possession could have Refers to property that is open to disposition by
ripen such possession into private the Government, or otherwise property
ownership. [Republic v. Marcos, G.R. No. pertaining to the national domain, or public
L-32941 (1973)] lands.
9. Watershed - The Constitution expressly
mandates the conservation and utilization The property of provinces, cities, and
of natural resources, which includes the municipalities is divided into property for public
country’s watershed. [Tan v. Director of use and patrimonial property. Property for
Forestry, G.R. No. L-24548, (1983)] public use, in the provinces, cities, and
10. Grazing lands - While the 1987 municipalities, consist of the provincial roads,
Constitution does not specifically prove city streets, municipal streets, the squares,
that grazing lands are not disposable, yet if fountains, public waters, promenades, and
such lands are part of a forest reserve, public works for public service paid for by said
there can be no doubt that the same are provinces, cities, and municipalities. All other
incapable of registration. [Aquino, citing property possessed by any of them is
Director of Lands v. Rivas, G.R. No. L- patrimonial and shall be governed by the Civil
61539 (1986)] Code, without prejudice to the provisions of
11. Previously titled land - Proceeds from the special laws. [Art. 424, CC]
indefeasibility of the Torrens title.
12. Alluvial deposit along river when man-
made - Such deposit is really an
encroachment of a portion of the bed of the
river, classified as property of the public
domain under Art. 420, par. 1 and Art. 502
(1) of the CC, hence not open to
registration. [Republic v. CA, G.R. No. L-
61647 (1984)]

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b. In case the Register of Deeds refuses

its administration to record, he shall
G. DEALINGS WITH advise the party in interest in writing of
UNREGISTERED LANDS the ground or grounds for his refusal

No deed, conveyance, mortgage, lease, or The latter may appeal the matter to the
other voluntary instrument affecting land not Commissioner of Land Registration.
registered under the Torrens system shall be
valid, except as between the parties thereto, Recording by the Register of Deeds is
unless such instrument shall have been ministerial.
recorded in the manner herein prescribed in
the office of the Register of Deeds for the Recording made under this section shall be
province or city where the land lies. [Sec. 113, without prejudice to a third party with a better
par. 1, PD 1529] right. [Sec. 113, PD 1529]

Effects of Transactions Covering Better right

Unregistered Land Refers to a right which must have been
1. As between the parties – The contract is acquired by a third party independently of the
binding and valid even if not registered unregistered deed, such, for instance, as title
2. As among third persons – There must be by prescription, and that it has no reference to
registration for the transaction to be binding rights acquired under that unregistered deed
against third persons itself. [Peña]

Primary Entry Book and Registration Book Involuntary Dealings in Unregistered Lands
The Register of Deeds for each province or city PD 1529 now permits the registration of
shall keep a Primary Entry Book and a involuntary dealings in unregistered lands.
Registration Book.
1. The Primary Entry Book shall contain, Tax sale, attachment and levy, notice of lis
among other particulars: pendens, adverse claim and other instruments
a. Entry number in the nature of involuntary dealings with
b. Names of the parties respect to unregistered lands, if made in the
c. Nature of the document form sufficient in law, shall likewise be
d. Date, hour and minute it was presented admissible to record under Sec. 113. [Sec. 113
and received (d), PD 1529]
2. The Registration Book – Provides spaces
whereon the annotation is made after the
instrument has been entered in the Primary
Entry Book

Process of Registration
1. Registration is by way of annotation
2. The instrument dealing with unregistered
land is presented before the Register of
Deeds
3. The Register will then determine if it can be
registered:
a. If, on the face of the instrument, it
appears that it is sufficient in law, the
Register of Deeds shall forthwith
record the instrument

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