Land Titles
Land Titles
Land Titles
JUL 31
Posted by Magz
equity.
Grantor
Grantee
Words of grant
Description of property
Signature of grantor
Witnesses
Types of estates:
1. Freehold estate indicates title of ownership.
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than freehold estate a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period lease running from month to month or year to year
with automatic renewal
c. Tenancy at will person is permitted to occupy land of another without stipulation as
to period
3 Stages of Development of Legal System of Transferring Titles:
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12. Makes possible the transfer of titles or of loans within the compass of hours instead of
a matter of days
Purpose of Torrens Law: quiet title to land once registered, owner might rest secure
Persons Bound When Title Not Registered:
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
Procedure in Land Registration Case:
1. Survey of land by Bureau of lands or duly licensed private surveyor
2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by RTC
4. Clerk of court to transmit to Land Registration Authority the application, date of initial
hearing & other pertinent docs
5. Publication of notice of filing of application, date & place of hearing in OG and in
newspaper of general circulation
6. Service of notice contiguous owners, occupants & those who have interest in
property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
9. Promulgation of judgment by court
10. Issuance of decree by RTC decision; Instruct land registration authority to issue
decree of confirmation & registration
11. Entry of decree of registration in Land Titles Administration
12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration book & issuance of the owners
duplicate original certificate of title of the applicant by the Land registration Authority
upon payment of prescribed fees.
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Form
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What
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to Accompany Application:
Tracing cloth plan duly approved by the Director of Lands
3 copies of technical descriptions
3 copies of surveyors certificate
All original muniments of title
4 copies of certificate by city/provincial treasurer of assessed value of land
Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing
a TCT.
Notice in conspicuous place in land & bulletin board of municipality 14 days before
hearing
Hearing within 7 days after publication in OG
25 90 days from date of order
To Whom Notice must be Sent:
1. City/municipal mayor & provincial governor
2. Department of Agrarian Reform, Solicitor General & Director of Lands , Director of
Fisheries, Director of Mines
3. Adjoining owners & those who have rights or interest thereto
Requisites of Opposition:
1. Set forth objections to the application
2. State interest claimed by oppositor
General Default
Party appears at initial hearing without having filed an answer and ask court for time
to file answer but failed to do so within period allowed.
Once final, cannot be subject to attack, deemed conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected
Person entered into property after decree- non claimant; had been there for 10 years
Means to Recover Possession:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
Res Judicata:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
Remedies Available to Aggrieved Party in Registration Proceedings:
1. Motion for new trial must be brought within 15 days from notice of judgment
2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not
have guarded
3. Newly discovered evidence which could not be discovered & produced at trial
4. Evidence insufficient to justify decision, decision is against the law
5. Appeal must be brought 15 days from notice of judgment
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Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings
Real Mortgage
Chattel Mortgage
No right of redemption
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to
registered owner:
1. Stating that mortgage has been registered
2. Requesting that owners duplicate be produced so that memorandum be made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify court &
court may enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
1. May be further alienated stipulation to contrary is void
Assignment must also be registered since registration is operative act to affect land
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If not recorded valid as to parties but not to 3rd parties, right not protected against
somebody who registers & procures better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
May be further mortgaged stipulation to contrary is void
Pactum commisorium not allowed
Property is mortgaged
There is stipulation for automatic appropriation
Discharge
Execute public document canceling or releasing mortgaged in form prescribed by law
Present instrument with Register of Deeds where land lies together with owners
duplicate for registration
Memorandum of cancellation is annotated on duplicate & original
owner
2. EXTRA-JUDICIAL
if property is more than P400.00, publication must be for 3 consecutive weeks in news
paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not
exceeding 3,000.00
Registration of sale in Register of Deeds:
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Deed of sale must be supported by certificate of sheriff that said sale was conducted
accordingly stating the date, time, place of sale, names of creditor & debtor,
description of property, name of highest bidder, selling price
Present in Register of Deeds where land lies
Memorandum on back of certificate is made
After expiration of 1 year of redemption period title is consolidated if no redemption
exercised: purchaser to file with Register of Deeds the deed of sale & sworn statement
attesting to fact that there is no redemption
New certificate of title issued in favor of vendee
If redeemed notice of redemption shall be registered & accomplished by way of
memorandum on proper certificate of title
Right of Redemption
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
Requires only description to enable parties & other persons to identify the subject
matter
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where property is
to be sold designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
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Public auction
30 days after sale, officer makes a return & file with Register of Deeds where
mortgage has been recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
7. Cost of sale
8. Amount of obligation
9. Subsequent mortgages
10. Balance mortgagor
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Certified copy of decree shall be presented to Register of Deeds & surrender duplicate
certificate
Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon repudiation
A writ issued at the institution or during progress of an action commanding the sheriff
to attach the property, rights, credits or effects of the defendant to satisfy demands of
the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3.
Levy on execution
of Registration of Attachment:
Creates real right
Has priority over execution sale
But between 2 attachments one that is earlier in registration is preferred
If not registered actual knowledge is same as registration
Document to be registered
1. EXECUTION SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity
to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in
a public & conspicuous place in place wherein property is situated & at main entrance
of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their rights:
1.
Impossibility of alienating the property in dispute during the pendency of the suit
may be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be
issued
Duty of the officer serving notice to file copy of notice to Register of Deeds where the
property of debtor lies
New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
Judgment / Order Vacating Insolvency Proceedings
Surrender title issued in name of assignee & debtor shall be entitled to entry of new
certificate
2. GOVERNMENT IN EMINENT DOMAIN
Administrator shall file with Register of Deeds registration of property in his name to
be vested with ownership as trustee so he can sell, etc, convey, etc
Heirs may partition estate immediately & no need to be burdened with cost/expenses
of an administrator
1. In absence of debts
2. Heirs are all of legal age
Partition / Settlement of Estate
1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed
with Register of Deeds
If disagree with each other, file in court ordinary action for partition
If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed
with Register of Deeds
In provinces when person dies leaving property not covered by Torrens system to
avoid legal expenses, heirs make a list of property, pay off debts & assign to each
Executor required to file with Register of Deeds a certified copy of his letters of
administration or the will if there is a will in order that Register of Deeds may register
upon certificate a memorandum with reference to file no & date of filing
Court Authority Needed in Order to Sell
1. May be dispensed with if will empowers him sell
2. Without authority first secured, heir may sell subject to result of pending
administration
Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual
damage by loss of land; in short he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
1. Omission, mistake, misfeasance of Register of Deeds or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence, omission of Register of
Deeds, etc Register of Deeds and National Treasurer as defendants; Sol-Gen must
appear
2. Private persons involved should also be impleaded
Liability:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go
against other parties or securities
Measure of Damages:
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Different with lis pendens: permanent; can only be removed after hearing is done but
adverse claim is only for 30 days: lis pendens notice that property is in litigation;
adverse claim; somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order
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summary proceeding
Entries in registration books also not allowed to be altered except by order of the
court
Grounds:
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Offenses:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment
of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of
court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of Deeds is forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not
encumbered; deceitful disposition of property as free from encumbrance: imprisonment
of 3 years or fine not exceeding 2,00 or both at discretion of court
In absence of registration, title to public land is not perfected and therefore not
indefeasible
In case of 2 titles obtained on same date one procured thru decree of registration is
superior than patent issued by director of lands
2 titles procured by one person one from homestead patent, one from judicial decree
& sold to 2 diff persons, one who bought it for value and in good faith & one who
register first shall have preference.
Classification of Land of Public Domain:
Anyone who applies for confirmation of imperfect title has burden of proof to
overcome the presumption that the land sought to be registered forms part of public
domain (Regalian doctrine).
Under the Constitution:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
Under the Public Land Act:
1. Alienable/disposable
2. Agricultural
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Fishponds
Before: included in definition of agriculture, conversion of agricultural land to fishponds
does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be
leased from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than
error of judgment; but not with regards to finding of law
Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public
land thru open, continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not
receive title, without default on their part provided they have occupied since their
application
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In case of foreigner, sufficient that he is already Filipino citizen at the time of his
application
Corporation who has less 60% Filipino ownership cannot apply confirmation of
imperfect title; can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When
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Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
Aim of Homestead Patent:
As a matter of public policy, may be repurchased even if after 5 years provided not for
profit
Right of repurchase not allowed if sold within family & not for cultivating or living but
for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
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Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial,
industrial, educational, religious or charitable purpose or right of way subject to
consent of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Conveyance is valid if able to read and can understand language where deed is written
Government initiates that all lands within a stated region are up for registration
whether or not owners are interested to settle their titles
Nature of Proceedings:
In rem
Compulsory
Procedure:
1. Cadastral survey
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Director gives notice to persons claiming interest in lands & to gen public of day of
survey published in OG and posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
Filing of petition
After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
Publication of notice of hearing
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general
circulation & copy mailed to person whose address is known & other copies posted in
conspicuous place designated bylaw
4. Filing of answer
Any person claiming interest in any part of lands subject to petition is required to file
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answer
Answer must give the ff details:
Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where lot is located
Name of owners of adjoining lots
If in possession & without grant no of years in possession
If not in possession state interest claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots
Hearing of case
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
Decision
Claimants are notified of decision
Issuance of decree and certificate of title
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such
certificate
Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another
CADASTRAL
ORDINARY
Party
Initiating
Government
Private Individual
Subject
Matter
Private Lands
Ownership
Ownership is Asserted
Survey
As to risk
Unable to file their claim even while in possession granted right to petition for
reopening of proceedings provided such were not alienated, leased or disposed by
government
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession
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Source:
Civil Law (Land Titles) Memory Aid
Ateneo Central Bar Operations 2001