REGISTRATION

Q: What is registration?
A: It is the entry of instruments or deeds in a book or
public registry. It binds the land and operates as
constructive notice to the world
Q: What are the 2 systems of registration?
A:
1. For registered lands (P.D 1529 Property Registry
Decree); and
2. For unregistered lands (Act no. 3344)
Registration must be done in the proper registry; if not
it is:
a.) not considered registered
b.) does not operate as constructive notice to the
whole world
Ex. A parcel of land covered by a torrens title is sold, but
the saile is registered under act no. 3344 and not under
the proper registration decree
QUALIFICATIONS OF REGISTER OF DEEDS AND DEPUTY
REGISTER OF DEEDS
Q: What are the qualifications of a Register of Deeds
and a Deputy Register of Deeds?
A:
1. Admitted to the practice of law;
2. Engaged in practice for at least 3 years or
employed for a like period in any branch of
government the functions of which include the
registration of property; and
3. Member of the Philippine Bar
NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
Facultad de Derecho Civil 7
UNIVERSITY OF SANTO TOMAS

SURVEY PLAN serves to establish the true identity of

the land to ensure that it does not overlap a parcel of
land or a portion thereof already covered by a previous
land registration, and to forestall the possibility that it
will be overlapped by a subsequent registration of any
adjoining land.
Q: Who may apply for registration under the
Provisions of the Property Registry Decree?
A:
Sec. 14. The following persons may file in the proper
Court of First Instance (RTC) an application for
registration of title to land, whether personally or
through their duly authorized representatives:
1. Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession
and occupation of alienable and disposable lands
of the public domain under a bonafide claim of
ownership since June 12, 1945 or earlier.
a. Filipino Citizen
b. Agricultural
c. A and D
d. OCENCO
e. Since june 12, 1945 or earlier
2. Those who have acquired ownership of private
lands by prescription under the provisions of
existing laws;
3. Those who have acquired ownership of private
lands or abandoned river beds by right of
accession or accretion under the existing laws;
and
4. Those who have acquired ownership of land in
any other manner provided for by law.
Where the land is owned in common, all the co-owners
shall file the application jointly.
Q: If the land is sold under Pacto de retro, who may
file the application for registration?
A: The vendor a retro may file. However, should the
period for redemption expire during the pendency of
the registration proceedings and ownership to the
property is consolidated in the vendee a retro, the latter
shall be substituted for the applicant.
NOTE: A TRUSTEE MAY APPLY FOR THE ORIGINAL
REGISTRATION OF ANY LAND HELD IN TRUST BY HIM
ON BEHALF OF THE PRINCIPAL, UNLESS PROHIBITED BY
THE INSTRUMENT CREATING THE TRUST.
CO-OWNERS SHALL FILE APPLICATION JOINTLY
Since a co-owner cannot be considered a true owner of
a specific portion until division or partition is effected.
A. LAND MUST ALREADY BE A AND D AT THE TIME OF
THE FILING OF THE APPLICATION
In Republic vs CA and Corazon Naguit, the Supreme
Court held that: "Sec 14(1) of PD 1529 merely requires
the property sought to be registered as already
alienable and disposable at the time of application for
registration of title is filed."
"If the State, at the time the application is made, has
not yet deemed it proper to release the property for
alienation or disposition, the presumption is that the
government is still reserving the right to utilize the
property, hence, the need to preserve its ownership is
the State irrespective of the length of adverse
possession even if in good faith."
"However, if the property has already been classified as
alieanable and disposable, then there is already an
intention on the part of the State to abdicate its
exclusive prerogative over the property."
"There are no material differences between Sec 14 (1)
of the Property Registration Decree and Sec 48 (b) of
the Public Land Act. True, the Public Land Act does refer
to "agricultural land of the public domain," while the
Property Registration Decree uses the term "Alienable
and Disposable lands of public domain." It must be
noted though that the Constitution declares declares
that "alienable lands of public domain shall be limited
to agricultural lands. Clearly, the subject lands under
Sec 48 (b) of the Public Land Act and Sec 14(1) of the
Property Registration Decree are of the same type."
RULE AS TO AGRICULTURAL LANDS
NOTE: The rule is different with respect to nonagricultural
lands. There can be no imperfect title to be
confirmed over lands not yet classified as disposable or
alienable.
NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
Facultad de Derecho Civil 8
UNIVERSITY OF SANTO TOMAS

Forest land (non-agri) is not registrable and possession

thereof, no matter how lengthy, cannot convert it into
private property, unless such lands are reclassified and
considered disposable and alienable. (Palomo v. CA)
ART. 12 SEC 2 OF THE CONSTITUTION
Only agricultural lands may be the subject of alienation
and thus, forest or timber lands, mineral lands and
national parks are excluded.
B. SECTION 14(2) AUTHORIZES ACQUISITION OF
OWNERSHIP BY PRESCRIPTION
GR: properties of public dominion cannot be acquired
by prescription. No matter how long the possession of
the properties has been, there can be no prescription
against the state regarding property of public domain.
EXC: if the law itself so provides. Thus, a patrimonial
property of the state may be the subject of acquistion
through prescription.
Only when such lands have become patrimonial can the
prescriptive period for the acquisition of property of the
public domain begin to run.
"Prescription is one of the modes of acquiring
ownership under the Civil Code. There is a consistent
jurisprudential rule that properties classified as
alienable public land may be converted into private
property by reason of open, continuous and exclusive
possession of at least 30 years. With such conversion,
such property may now fall within the contemplation of
"Private Lands" under Section 14(2), and thus
susceptible to registration by those who have acquired
ownership through prescription. Thus, even if
possession of the alienable public land commenced on a
date later than June 12, 1945, and such possession
being open, continuous and exclusive, then the
possessor may have the right to register the land by
virtue of Section 14(2) of the Property Registration
Decree" (Republic vs CA and Naguit)
ART 1113. OF THE CIVIL CODE. All things which are
within the commerce of men are susceptible of
prescription, unless otherwise provided. Property of the
state or any of its subdivisions not patrimonial in
character shall not be the object of prescription.
TWO KINDS OF PRESCRIPTION BY WHICH
PATRIMONIAL PROPERTY MAY BE ACQUIRED
1. ORDINARY ACQUISITIVE PRESCRIPTION. A person
acquires ownership of a patrimonial property
through possession for at least 10 years, in good
faith and with just title.
2. EXTRAORDINARY ACQUISITIVE PRESCRIPTION. A
person’s uninterrupted adverse possession of
patrimonial property for at least 30 years,
regardless of good faith or just title, ripens into
ownership pursuant to art. 1137
Q: What are the conditions for Section 14(2) to apply?
A: There must be an express declaration by the state
that the public dominion property is no longer intended
for public service or the development of the national
wealth or that the property has been converted into
patrimonial.
CONCEPT OF POSSESSION FOR PURPOSES OF
PRESCTIPTION
Actual possession of land consists in the manifestation
of acts of dominion over it of such a nature as a party
would naturally exercise over his own property.
The general rule is that the possession and cultivation of
a portion of a tract under claim of ownership of all is a
constructive possession of all, if the remainder is not in
the adverse possession of another.
To consolidate prescription, the possession must be
that of owner, and it must be public, peaceful, and
interrupted.
COMPUTATION OF PRESCRIPTION
The present possessor may complete the period
necessary for prescription by tacking his possession to
that of his grantor or predecessor-in-interest.
C. SEC 14 (3) ACQUISITION OF PRIVATE LANDS OR
ABANDONED RIVER BEDS BY RIGHT OF ACCESSION
OR ACCRETION
Under article 461 of the civil code, river beds which are
NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
Facultad de Derecho Civil 9
UNIVERSITY OF SANTO TOMAS

abandoned through the natural change in the course of

the waters ipso facto belong to the owners whose lands
are occupied by the new course in proportion to the
area lost.
However, the owners of the lands adjoining th old bed
shall have the right to acquire the same by paying the
value thereof, which value shall not exceed the value of
the area occupied by the new bed.
Example: A and B each owns land on opposite sides of a
river. The river changed its course, passing through the
land of C. Who owns the abandoned river bed? C, to
compensate him for his loss. Now, suppose that two
owners, C and D, lost portions of their lands. Who owns
the river bed? C and D, in proportion to the area lost.
REQUISITES FOR THE APPLICATION OF ART. 461
1. The change must be sudden in order that the old
river may be identified
2. The changing of the course must be more or less
permanent, and not temporary overflooding of
another’s land
3. The change of the river must be a natural one
(caused by natural forces)
4. There must be a definite abandonment by the
government
5. The river must continue to exist, that is, it must not
completely dry up or disappear
ACCRETION
RULE ON OWNERSHIP BY RIGHT OF ACCRETION
Art 457 of the cc provides that to the owners of lands
adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of
the waters
Q: What are the requisites for Accretion?
A:
1. That the deposit be gradual and imperceptible;
2. That it be made through the effects of the
current of the water; and
3. That the land where accretion takes place is
adjacent to the banks of rivers
In the absence of evidence that the change in the
course of the river was sudden or that it occurred
through avulsion, the presumption is that the change
was gradual and caused by accretion and erosion.
Registration does not protect the riparian owner against
the diminution of the area of his land through gradual
changes in the course of the adjoining stream.
Accretions, which the banks of rivers may gradually
receive from the effect of the current become the
property of the owners of the banks.
Alluvion must be the exclusive work of nature. The
riparian owner does not acquire the additions to his
land caused by special works expressly intended or
designated to bring about accretion.
In Republic v. CA and Tancinco, the court found that the
alleged alluvial deposits were artificial and manmade
and not the exclusive result fo the current of the
Merycauayan and Bocaue rivers. The deposits came into
being not because of the sole effect of the current of
the rivers but as a result of the transfer of the dike
towards the river and encroaching upon it.
NOTE: THE ACCRETION DOES NOT BECOME
AUTOMATICALLY REGISTERED LAND JUST BECAUSE
THE LOT WHICH RECEIVES IT IS COVERED BY A
TORRENS TITLE THEREBY MAKING THE ALLUVIAL
PROPERTY IMPRESCRIPTIBLE.
In Grande v. CA, the court held that the accretion did
not ipso facto become registered land property because
petitioners never sought its registration. The increment,
therefore, is not entitled to the protection of
imprescriptibility enjoyed by registered property under
the Torrens system.
Where alluvial increment is not registered, it may be
acquired by third persons through prescription.
ALLUVIAL FORMATION ALONG THE SEASHORE FORMS
PART OF THE PUBLIC DOMAIN
In contrast to the rule on accretion, alluvial formation
along the seashore is part of the public domain and
therefore, not open to acquisition by adverse
possession by private persons. It is outside the
commerce of man unless declared otherwise.
Art 4 of the Spanish Law of Waters provides: Lands
added to the shore by accretion and alluvial deposits
caused by the action of the sea, form part of the public
domain. When they are no longer washed by the waters
NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
Facultad de Derecho Civil 10
UNIVERSITY OF SANTO TOMAS

of the sea, and are not necessary for purposes of public

utility, or for the establishment of special industries, or
for the coastguard service, the government shall declare
them to be the property of the owners of the estate
adjacent thereto and as an increment thereof.
IGNACIO V. DIRECTOR OF LANDS
Faustino Ignacio filed an application for the registration
of a parcel of land formed by alluvial deposits caused by
the action of the Manila Bay.
The court rejected Ignacio’s contention that the land
belongs to him as an “accretion” since Art 457 of NCC
cited by him refers to accretion or deposits on the
banks of rivers, WHILE THE ACCRETION IN THE PRESENT
CASE WAS CAUSED BY ACTION OF THE MANILA BAY.
The courts have no authority to declare the land as no
longer necessary for any public use because it is the
executive or legislature’s duty.
D. SECTION 14(4) ACQUISITION OF OWNERSHIP IN
ANY OTHER MANNER PROVIDED FOR BY LAW.
This obtains when land of the public domain is, by
statue or executive act, ceded and transferred in full
ownership in favor of the grantee who may thereafter
file an application for the registration thereof.
In International Hardwood and Veneer Co. v. University
of the Philippines, the President issued Proclamation
No. 791 withdrawing from sale or settlement and
reserving for the College of Agriculture of the UP, a
parcel of land of the public domain for its experiment
station. Parallel to the proclamation of RA No. 3990
which established a central experiment station for the
use of the UP in connection with its research and
extension functions.
The clear implication is that a land grant having been
made by a Presidential Proclamation and by legislative
act, the grantee may apply for the registration of the
land and bring it under the operation of the Torrens
system.
LAND ACQUISITION BY PRIVATE CORPORATIONS
ART. 12 SEC 3: Private corporations or associations may
not hold such alienable lands of the public domain
except by lease, for a period not exceeding 25 years,
renewable for not more that 25 years, and not to
exceed one thousand hectares in area.
In Susi v. Razon, where at the time the corporation
acquired the land, its predecessor-in-interest had been
in possession and occupation thereof in the manner and
for the period prescribed by law as to entitle him to
registration in his name, then the prescription against
corporations acquiring alienable lands of the public
domain except through lease does not apply for the
land was no longer public land but private property.
Q: What is the purpose of the above provision?
A: To transfer ownership of only a limited area of
alienable land of the public domain to a qualified
individual. Also, it is the most effective way to insure
faithful adherence to his constitutional intent is to grant
or sell alienable lands of the public domain only to
individuals.
It strengthens the constitutional limitation on
individuals from acquiring more than the allowed area
of alienable lands of the public domain. Without the
ban, individuals who already acquired the maximum
area of alienable lands of the public domain could easily
set up corporations to acquire more alienable lands.
Director of Lands v. Intermediate Appellate Court and
Acme Plywood and Veneer Co., Inc
In Director of Lands v. Intermediate Appellate Court and
Acme Plywood and Veneer Co., Inc, the SC ruled that
Acme, although a private corporation, was qualified to
apply for the judicial confirmation of its title under Sec
48(b) of the Public Land Act, since the property at the
time it was purchased was already a private land to
which they had a legally sufficient and transferable title.
Determinative of this issue is the character of the
parcels of land – whether they were still public land or
already private when the registration proceedings were
commenced. If they were already private lands, the
constitutional prohibition against acquisition by a
private corporation would not apply.
When natural persons have fulfilled the required
statutory period of possession, the Public Land Act
confers on them a legally sufficient and transferable
title to the land, “which are already private lands
because of acquisitive prescription,” and which could be
validly transferred or sold to private corporations.
NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
Facultad de Derecho Civil 11
UNIVERSITY OF SANTO TOMAS

Republic v. Iglesia ni Cristo

The case of Republic v. Iglesia ni Cristo reiterates the
rule that a private corporation may validly file an
application for registration over a parcel which it had
acquired from a person who had already complied with
the statutory period of possession.
A CORPORATION SOLE IS QUALIFIED FOR
REGISTRATION
Q: What is a corporation sole?
A: It is a special form of corporation usually associated
with the clergy. It was designed to facilitate the
exercise of the functions of ownership carried on by the
clerics for and on behalf of the church which was
regarded as the property owner. By the nature of its
incorporations is vested with the right to purchase and
hold real estate and personal property.
It consists of one person only, and his successors (who
will always be one at a time), in some particular station,
who are incorporated by law in order to give them
some legal capacities and advantages. The king, a
bishop, deans; are sole corporations distinct from their
several chapters.
In Republic v. Intermediate Appellate Court and Roman
Catholic Archbishop of Lucena, it was held that a
corporation sole is qualified to own and register private
agricultural land. It need not therefore be treated as an
ordinary private corporation because WON it be so
treated as such, the constitutional provision will,
nevertheless, be not applicable.
The bishops or archbishops as corporations sole are
merely administrators of the church properties that
come to their possession, and which they hold in trust
for the church. Thus, church properties acquired by the
incumbent of a corporation sole pass, by operation of
law, upon his death not to his personal heirs but to his
successor in office.
JUDICIAL CONFIRMATION OF IMPERFECT TITLE OR
INCOMPLE TITLES
The Public Land Act (CA NO. 141), as amended, governs
lands of the public domain, except timber and mineral
lands, friar lands, and privately-owned lands which
reverted to the State.
Q: What are the means by which public lands may be
disposed of?
A:
1. For homestead settlement
2. By sale
3. By lease
4. By confirmation of imperfect of incomplete
titles:
a. By judicial legalization; or
b. By administrative legalization (free
patent)
Each mode of disposition is appropriately covered by
separate chapters of the Public Land Act because there
are specific requirements and applicable procedure for
every mode.
DISTINCTION BETWEEN REGISTRATION UNDER THE
PROPERTY REGISTRATION DECREE AND THE PUBLIC
LAND ACT
Under Property Registration Decree, there already
exists a title which is confirmed by the court.
Under the Public Land Act, the presumption always is
that the land applied for pertains to the State, and that
the occupants and possessors only claim an interest in
the same by virtue of their imperfect title or continuous
open and notorious possession.
CONDITIONS FOR AVAILMENT OF THE BENEFEITS OF
CHAPTER 8 OF THE PUBLIC LAND ACT
1. The applicant must be a Filipino citizen;
2. He must have, by himself or through his
predecessors-in-interest, possessed and
occupied an alienable and disposable
agricultural portion of the public domain;
3. Such possession and occupation must have
been open, continuous, exclusive, notorious
and in the concept of owner (OCENCO), since
June 12, 1945; and
4. The application must be filed with the proper
court.
It is doctrinally settled that a person who seeks
confirmation of an imperfect title or incomplete title to
a piece of land on the basis of possession by himself and
his predecessors-in-interest shoulders the burden of
NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
Facultad de Derecho Civil 12
UNIVERSITY OF SANTO TOMAS

proving clear and convincing evidence.

FORM AND CONTENTS, DEALINGS WITH LAND
Q: What are the requirements for the application of
Sec. 15 of P.D. No. 1529?
A:
1. Shall be in writing;
2. Signed by the applicant or the person duly
authorized in his behalf;
3. Sworn to before any officer authorized to
administer oaths for the province or city
where the application was actually signed;
Q: What are the contents of the information?
A:
1. full description of the land as evidenced by a
survey plan duly approved by the Director of
lands, surveyor’s certificate, and technical
description;
2. citizenship and civil status of the applicant,
whether single or married, and, if married, the
name of the wife or husband, and, if the
marriage has been legally dissolved, when and
how the marriage relation terminated;
3. full names and addresses of all occupants of the
land and those of the adjoining owners, if
known, and if not known, it shall state the
extent of the search made to find them;
4. assessed value of the land and the buildings and
improvements thereon;
5. whether or not there are mortgages or
encumbrances of any kind whatsoever affecting
the land, or any other person having any
interest therein, legal or equitable, or in
possession, thereof;
6. the manner by which the applicant has acquired
the land;
7. whether or not the property is conjugal,
paraphernal or exclusive property of the
applicant;
8. names of all occupants of the land,if any;
9. original muniments of title and other related
documents supporting applicant’s claim of
ownership; and
10. if the land is bounded by a public or private way
or road, WON the applicant claims any and
what portion of the land within the limits of the
way or road, and whether the applicant desires
to have the line of the way or road determined.
REQUISITE STEPS IN BRINGING LAND UNDER THE
TORRENS SYSTEM
Q: What are the required steps to be followed under
the Torrens System?
A:
1. Survey of land by the Lands Mgt Bureau or a
duly licensed private land surveyor;
2. Filing of application for registration by the
applicant;
3. Setting of the date for the initial hearing of the
application by the court;
4. Transmittal of the application and the date of
initial hearing together with all the documents
or other evidences attached thereto by the
Clerk of Court to the Land Registration
Authority;
5. Publication of the notice of the filing of the
application and date and place of the hearing in
the official gazette and in a newspaper of
general circulation;
6. Service by mailing of notice upon contiguous
owners, occupants and those known to have
interests in the property;
7. Posting by the sheriff of the notice in a
conspicuous place on the land and in the
bulletin board of the municipal building or city
where the land is situated;
8. Filing of answer to the application by any
person whether named in the notice or not;
9. Hearing of the case by the court;
10. Promulgation of judgment by the court;
11. Issuance of and order for the issuance of a
decree declaring the decision final and
instructing the LRA to issue the decree of
confirmation and registration;
12. Entry of the decree of registration to the
corresponding register of deeds and;
13. Transcription of the decree of registration in
the registration book and the issuance of the
owner’s duplicate original certificate of title to
the applicant by the register of deeds, upon
payment of the prescribed fees.
NOTE: FAILURE TO COMPLY WITH THE FOREGOING
REQUIREMENTS WILL JUSTIFY THE COURT TO DENY THE
APPLICATION FOR REGISTRATION.
NOTES ON