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8/11/2019 Land Titles Reviewer (Chapter 10-13)
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Land Titles
Chapter 10: Decree of Registration and Certificate of
Title
Decree of Registration
Sir: Two ways of detecting Fake Land Title
1.
Last two digits of the TCT number and the last two numbers of the book number
should be the same.
2.
Look at the serial number and see whether or not the place which issued it really
issued it.
a.
Sirs Example the form was a genuine form was supposed to be in Ozamis,
but the TCT says province of Rizal.
Sir: Who has jurisdiction over the land?
The court that has jurisdiction in the location of the land
If ever there is a decree and the court has no jurisdiction the decision is just
provisional.
Content and Effects
In pursuant to the order of the court - the LRA prepares and issues a decree of
registration.
Contents and effects - every decree of registration issued by the commissioner
shall bear:
a.
Date, hour, and minute of entry
b.
Signed by the commissionerc.
Civil status of the person (married, unmarried, etc)
If it is conjugal property the decree shall be issued in the name of both
spouses.
d. If huge person to whom the land to be registered to is incapacitated, it shall
state the nature of the disability
e.
If a minor, then the age will be shown.
f.
Description of the land as finally determined by the court
g.
Show w/n there are estates, mortgages, easements, etc.
The administrator will sign the deed and file it with the LRA.
The decree if registration binds the land, quiets title thereto - subject only to
such exceptions or liens as may be provided by law.
Inclusive upon all persons - even the government.
o Conclusiveness does not cease to exist even i f it is passed in to someone
else.
The decree bars the re-litigation of these question of ownership in the same
proceedings same proceedings.
o Thus a subsequent petition in the case filed after the lapse of one year after
the entry of judgment to allow heirs, oppositors, substituted parties, etc. to
present evidence tending to prove that the registered owners of the
property that is involvedcan not be granted by the courts.
The decree after a lapse of one year becomes incontrovertible. Once it is entered it serves as a notice to the entire world it is in rem.
Duty of the Administrator of Byrne LRA to issue decree
The duty of the land registration official is to issue the decree of registration.
o This is a ministerial function.
In the sense that the act under the orders if the court, and the decree
must be in conformity with the court judgment and with the date found
on record.
o If they are in doubt upon any point in relation to the preparation of and
issuance if there decreethey are duty bound to refer the matter to the
court.
o They act as court officials, not admin officials.
o Administrator can refuse to issue a decree if:
He finds that the subject land has been decreed and titled in another s
name.
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Cannot be compelled by mandamusbecause issuance if title is a
judicial function and not merely a ministerial act.
Certificate of Title
The original certificate of title shall be:
True copy of the decree of registration
Signed by the administrator of the LRA.
The OCT together with the ODCT are sent to the Register of deeds of the
city of province where the property is located.
o This is so that the the property can be placed in the registration
book.
The certificate takes effect only uponregistration date of entry in the
log book, and the land becomes registered land on that day.
If property covered is conjugal propertiesit will be issued in the name
of both spouses.
Rule on determining conjugal, or paraphernal character if land covered by
the certificate of title:
The OCT merely confirms a pre-existing title
Certificate does not establish the time of the acquisition of the
property.
o In essence the date in the deed is just when the property
was officially registered
If the property is acquired while the marriage was subsistingit
shall be registered in the name of both spouses.
If the certificate says: registered in the name of mr.x, married tomrs.xthe property belongs to mr.x.
Owners duplicate certificate of title; transfer certificate of title:
The owners Duplicate Certificate of Titleshall be:
1.
Delivered to the registered owner or to his duly authorized
representative
2.
If two or more persons are the duly registered owners:
a.
One owners duplicate certificate of title may be
issued for the whole land
b.
Or if the co-owners decide, a separate duplicatemay be issued to each of them in like form.
c. But all outstanding certificate of title so issued
shall be surrendered whenever the RD shall
register any subsequent part thereof or interest
therein.
3.
The register of deeds shall note on each certificate a
statement as to whom a copy thereof was i ssued to.
Owner of the land who it is registered and inscribed in the
certificatehas a better right to the possession of the landas
compared to someone who just holds the ODCT and who has yet to
establish that he has a right to the land.
The Transfer Certificate of Title
o Subsequent certificates of title that may be i ssued by the
register of deeds pursuant to any voluntary or involuntary
instrument relating to the same land shall be in like form
called TCTIt shall be issued in duplicate
o The Transfer Certificate of Titleshall show:
Number of the next previous certificate covering the same
land and also the fact that it was originally registered
giving the:
a.
Record Numberb.
The number of the OCT
c.
The Volume and Page Number of the Registration
Book in which the latter is found.
Probative Value of Certificate of Title
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Registration does not vest titleit is not a mode of acquiring possession
over the property.
o It is merely evidence of title over the property
Simple possession of a certificate is not conclusive there could be a
mistake or a land may not be registerable talaga under the torrens
system.
o It can be somone owns it na pala; or it belongs to the state.
If a piece of land is included in a TCT, but the owner had no right talaga
to the land, or no right was asserted any right of ownership thereof is
VIOD AND OF NO EFFECT
o The court has no jurisdiction to decree a lot to someone when he
did not make a claim for it.
Soooo. If you want the land talaga you have to ask! Ask and
you shall receive!
o Also if the issue of fraud or misrepresentation in obtaining
it is seasonably raised, or where the certificate is faulty as
to proposed origin.
Attributed and limitations on Certificates of Title and Registered Lands:
1.
Free from and liens or encumbrances, with certain exceptions. Section
44 PD 1529 states: Every registered owner receiving a certificate of title
in pursuance of registration, and every subsequent purchaser of
registered land taking a certificate for value and in good faith, shall hold
the same free from all encumbrances.
Except those noted on the said certificate and any of the following
encumbrances (Statutory Liens) which may be subsisting such as:
a.
Liens
o Arising of existing under the laws and constitution of the PH
which are not by law required to appear on the TCT
b.
Unpaid Real Estate taxes
o Levied and assessed within two (2) years immediately
preceding the acquisition of any right over the land by an
innocent purchaser for value.
Without prejudice to the right of the government to
collect taxes payable before that period from the
delinquent tax payer alone.c.
Any Public Highway, Private way established or recognized by
law; and any government irrigation canal or lateral thereof
o If the certificate does not state that the boundaries of such
highway or irrigation canal or lateral thereof have been
determined.
o Deals with those which were present and registered before the
decree of registration, and not those constructed after the
decree of registration.
d.
Any disposition of property or limitation on the use thereof
o Pursuant to PD 27, or any law relating to agrarian reform
This equally applies to every subsequent purchaser of registered
land who takes the certificate in Good Faith.
Claims and liens existing prior to the issuance of the titlebut were
not annotated in the certificate, and those mentioned by law are
cut off by such certificate and is binding on the whole world, even
the govt.
2. Incontrovertible and indefeasible
Means that the proceedings can no longer be questioned
Means that it is the best evidence
Upon the expiration of One (1) year from and after the date of the
entry of the decree of registration the decree and also the title
that is issued becomes incontrovertible and indefeasible. But it
loses its indefeasibility if:
a.
A valid title had already been issued over the same land
b.
The Land is not capable of registration
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c.
Fraud attended the acquisition of the certificate
The incontrovertible character only deals with an OCT NOT a TCT.
3. Registered land not subject to prescription
No title to registered land in derogation of the title of the registered
owner shall be acquired by prescription or adverse possession.o Prescription is unavailing not only against registered owner,
but also equally against the latters hereditary successors.
Right to recover possession
o The right of the registered owner to recover possession of the
land covered by his title is imprescriptible.
Laches as a defense against recovery
o The defense of lacheswhen made properlybars the
registered title holder from asserting his right over the
property and also from recovering it.
This is an equitable defensehas nothing to do with the
validity of the titlerather how neglectful he was over his
property that he is barred from saying that he owns the
land.
o Defense of laches may be used to bar the
reconveyance of the land if there are rights na of 3rd
persons which may be affected or prejudiced if the
land is reverted back to the original owner.
4.
Certificate of Title Not Subject to Collateral Attack
It cannot be altered, modified or cancelled except in a direct
proceeding in accordance with law.
Judicial Action Required to Challenge the validity of a title = Direct
Attack!
An attack is direct when:
o The object of an action is to annul or set aside such proceeding,
or enjoin its enforcement.
An Attack is indirect when:
o In an action to obtain a different relief, an attack on the
proceeding is nevertheless made as an incident thereof.
5. Torrens Certificate presumed to be valid and devoid of flaws:
It is presumed to have been regularly issued, valid and withoutdefects.
Related Presumption: the buyer of transferee of registered land is
not aware of any defect in ti tle of the property which he purchased
or acquired.
Person has the right to rely on the fact of the TCT and to dispense
with the trouble of inquiring furtherEXCEPT:
o When he has actual knowledge of facts and circumstances
which would lead a reasonably cautious man to make inquiry.
6. General Incidents of Registered Land
Registered land shall be subject to burdens and incidents as may
arise by operation of law. Registered Owners of land are not
relieved by the FF:
1.
Any rights incident to the relation of husband and wife,
landlord and tenant.
2.
From liability to attachment or levy on execution.
3.
From liability to any lien of any description established by law
on the land and the buildings thereon, or on the interest of the
owner in such land or buildings.
4.
From any right or liability that may arise due to change the laws
of descent
5.
Rights of partition between co-owners
6.
Right to take the same by eminent domain
7.
Relieve such land from liability to be recovered by an assignee
in insolvency or trustee in bankruptcy under the laws relative
to preferences
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8.
To change or affect in any way other rights or liabilities created
by law and applicable to unregistered land, except as otherwise
provided in this Decree.
7.
Where certificate of title was obtained by a Trustee:
The Trustee cannot repudiate the trust by relying on theregistration.
o Say that there is no more trust because I own the property na.
The trustee also cannot convey ownership of the registered
property in her will, because she is not the absolute owner of the
land.
Splitting or Consolidating of Titles; Subdivision and consolidation of Plans
You do not have to file a caseyou just ask the RD to do it.
The registered owner of many lands can ask for different certificates
for the respective lands
ConverselyThe registered owner of many landsMay secure a single
certificate for the respective lands.
Process:
1.
He should file a written request for that purpose with the register
of deeds concerned.
2.
He should surrender to the RD the Owners Duplicate Certificate of
title of the lands.
Enlargement of Area of Impairment of Title is not allowed
The Commission may not order or cause any change, modification, or
amendment in the contents of any certificate of title, or of any decree
or plan, including the technical description therein, covering any real
property registered under the Torrens system.
The Commission cannot also order the cancellation of the said
certificate of title and the issuance of a new one which would result in
the enlargement of the area covered by the certificate of title.
o If a certificate is given which contains an enlarged area from that of
the decree and the one applied for the title covering the land may
be cancelled.
Chapter 11: RemediesSir: Remedies are for the losing party. These are called alternative remedies.
So if one fails you can use the next one.
Motion to lift Order of Default
This is so that the applicant can join in the proceedingsthis is what
was discussed in CHAPTER 6.
New Trial
The Aggrieved (losing) Party, whether applicant or oppositor may file a
motion for a new trial under Rule 37 within the 15 day period for
perfecting an appeal on one or more of the FF grounds:
1.
FAME which ordinary prudence could not have guarded against and
by reason of which such aggrieved party has probably been impaired
in his rights; or
2.
Newly discovered evidence which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if
presented would probably alter the result.
It must be shown that:
a)
New evidencediscovered after trial
b)
Evidencecould not have been discovered and produced at
the traileven with the exercise of reasonable diligence
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c)
Evidence will alter judgmentSuch evidence is material
not merely cumulative, corroborative, or impeaching and is
of such a weight that if it is admitted it will probably alter
the judgment.
3.
Damages awarded are excessive, that the evidence is insufficient to
justify the decision or final order, or that the decision or final order iscontrary to law.
15 days from the time that the judgment is received by the person or his
counsel.
o In the case of the governmentfrom the receipt of the OSG.
Relief from Judgment
When a judgment or final order is rendered by any court in a
case, and a party thereto, by fraud, accident, mistake, or
excusable negligence(FAME)has been prevented from taking an
appeal, he may file a petition in such court and in the same case
praying that the judgment, order, or proceeding be set aside.
The Petition must be:
1. Verified and filed with within 60 days after the petitioner
learns of the judgment, order or other proceedingand not
more than 6 months or 180 days after judgment or order was
entered or proceeding was taken.
2. The Petition must be accompanied with affidavits showing the
FAME relied upon and the facts constituting the petitioners
good and substantial causes of action or defense as the casemay be.
3. The petitioner must also allege that because of such extrinsic
fraud he has been unjustly deprived of a hearing, or he has
been prevented from taking an appeal.
A relief from judgment may only be availed of when the
judgment has become final and a new trial is not available.
o For when another remedy is open to a party, he cannot
invoke such remedy.
Only a party who is wither the applicant of the oppositor may
avail of this remedy.
The grounds for a relief from judgment is FAME.
If you fail to file a relief from judgmentyou can still file a
petition for review.
o But these must be filed within the one year period where the
court still has jurisdiction.
o This must be filed in the same court where the proceedings
were held
This is filed in the same court where the proceedings took place.
Appeal
PD 1529 provides that the decisions in land registration cases are
appealable to the CA or the SC in the same manner as ordinary actions.
Appeal to the CA is taken by simply filing a notice of appealwith the
lower court within 15 days from receipt of judgment or order by counsel
of aggrieved party.
o Appeals to the CA in its exercise of its appellate function is by
Petition for Review.
o With respect to the Governmentnotice to counsel is one that is
sent and received by the OSG, not the fiscal. Appeal from CA to SC is through Petition for Review on Certiorari
o This is different from certiorari
The court does not lose jurisdiction for one year.
o This is due to the fact that the party can file a relief from judgment
or a petition for review.
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In ordinary casesif you do not appeal that is it/
o In Land Registration proceedings you can still file a relief from
judgment or petition of review
Petition for Review
The decree of registration shall not be reopened or revised by reason of
absence, minority, or other disability of any person adversely affected
thereby, nor by any proceeding in any court for reversing judgments,
1.
Subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or of any
estate or interest therein by such adjudication or confirmation of
title obtained by actual fraud, to file in the proper Court of First
Instance a petition for reopening and review of the decree of
registration not later than one year from and after the date of the
entry of such decree of registration.
2.
But in no case shall such petition be entertained by the court wherean innocent purchaser for value has acquired the land or an interest
therein, whose rights may be prejudiced.
Whenever the phrase "innocent purchaser for value" or an equivalent
phrase occurs in this Decree, it shall be deemed to include an innocent
lessee, mortgagee, or other encumbrance for value.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of registration in
any case may pursue his remedy by action for damages against the
applicant or any other persons responsible for the fraud.
Who may file a Petition for review:
1.
Any person including the government and the branches thereof
deprived of land or of any estate of interest therein may file a petition
for review and set aside the decree of registration.
2.
The petitioner need not be an oppositor nor an original claimant.
3.
It is also not necessary that the petitioner should first procure the lifting
of the order of general default before he could file the petition.
4.
But those who are entitled to a review of the decree are those who
were deprived of their opportunity to be heard in the original
registration case.
Persons who may NOT file the petition:
1.
Cannot apply when the petitioner does not claim the land to be his
private propertybut is admittedly part of the disposable land of the
public land awarded under a public land patent.
2.
An oppositor who abandons his opposition to a registration proceeding
3.
An oppositor who had knowledge of the original registration proceeding
but failed to put up any claim and to show title in himself.
*When and where to file petition a petition for Review
1.
A petition for review must be filed within one year after the entry of
decree.
2.
A petition for review may be filed at any time after the rendition of the
Courts decision and before the expiration of one year from the entry of
the final decree of registration.
Note SC said: The 1 year period i s counted form the time which the
decree is prepared and issued by the Commission of Land
registration.
If the petition is filed:
Afterthe rendition of the decision but beforethe decree of
registrationit is a Petition for Review of Judgment. If the petition is filed within one year after entryit is a
Petition for Review of Decree.
3.
Petition should be filed in the court that heard the case.remember:
the court in a LRP has retains jurisdiction for one year.
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Essential Requisites for the Reopening of review of Decree (all must concur):
1.
Petitioner has a real and dominical right
2.
He has been deprived thereof
3.
Through Fraud
4.
Petition is filed within one year from issuance of the decree (and in
respect to a review of the judgment, from rendition thereof)5.
The property has not yet passed to an innocent purchaser for value.
*Actual or Extrinsic Fraud, or Collateral Fraud Defined; and differentiated
from Intrinsic Fraud:
Only extrinsic or collateral fraud may be a ground for a petition for
reviewintrinsic fraud cannot!
Extrinsic Fraud:
o Refers to any fraudulent act of the successful party in litigation
which is committed outside the trial of a case against the defeated
party, his agents, attorney, or witnesses.
o
Whereby the defeated party is prevented from presenting fully and
fairly his side of the case
Intrinsic Fraud:
o Refers to acts of a party in litigation during trial, such as the use of
forged instruments or perjured testimony which did not affect
the presentation of the casebut did prevent a fair and just
determination of the case.
o Sir: It is called intrinsic because it happened in the case.
The fraud committed will be deemed Intrinsic Fraud if the fraud alleged
is involved in the same proceeding where the party seeking relief had
ample opportunity to:o Assert his right to attack the documents presented by the applicant,
o Cross examine the witness who testified thereto
Actual Fraud is contemplated as the:
o Intention to deprive another of his just rights
o The fraudulent scheme of the prevailing litigant which prevented a
party from presenting his case.
Sufficient Allegations of Actual Fraud (Illustrated)
It does not suffice to merely allege fraudthe specific, intentional acts
to deceive and deprive another of his right, in some manner injure him,must be alleged and proved.
Other grounds for review of a decree:
1.
By reason of fatal infirmity in the decision, or for want of due process.
The SC said: If a decree is i ssued in pursuance of a decision which
is obtained by fraudit may be annulled within one year from
entry, if it was entered in compliance with a decision:
a.
Suffering from a fatal infirmity
b.
For want of due process
These decisions may be reviewed, set aside, and cancelled upon a
petition filed within the same periodprovided that no innocent
purchaser for value will be injured.
2.
Lack of Jurisdiction of the Court
An example of this would be the court giving out a title to a land
that is part of a military reservation or timberland they have no
jurisdiction.
Purchaser in good faith, as an element of the petition:
A purchaser in good faith and for value is one who buys the property of
another without notice that some other person has right to, or interest
in, such propertyand pays a full and fair price for the same, at the
time of such purchase and before he has notice of the claim or interestof some other persons in the property.
Action for Reconveyance
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Sir: If you file a relief from judgment and petition for review and you win
you get the land, BUT in t he same character that it was in before the
proceedings
o This is contra to the Action for Reconveyance when this happens
you actually get the land with the title na.
This is a remedy that is availab le even after the one year period.o A very important requisite is that the land has not been transferred
to an innocent purchaser for value.
The basic rule is that after the lapse of one year form entry a decree of
registration is no longer open to review or attack.
o Even though the issuance thereof may have been attended by fraud
and that the TT may be inherently defective.
o This is the exception to the rule. But it contemplates that someone
has been wrongfully deprived of his property.
Requisites:
1.
It is filed by the aggrieved partywhose land was wrongfully
registered to another
2.
Can be done before the issuance of the decree, or within/after the
one year from entry
3.
The land must not have passed to an innocent purchaser for value.
This action does not mean to contest the incontrovertibility of the TT. It
just aims to return to the rightful owner a property that has been
wrongfully registered.
o This is just a transfer of the land from the registered owner to the
rightful owner.
Statutory Basis for the Action Section 96 of PD 1529 states:
o Nothing in the decree shall be construed to deprive the plaintiff of
any right of action which he may have against any person for such
loss or damage or deprivation without joining the National
Treasurer as party-defendant.
When to file the action; in the form of a pleading.
Action should be filed in the form of a pleading.
The action for Reconveyance may be f iled even before the issuance of
the decree of registration.
o
But if the person is just an applicant for a free patent Is not anaggrieved partythus cannot file a case.
This action can be brought through an ordinary civil suit, or by the
nature of a counterclaim.
When a ground for Reconveyance Prescribes
1.
Fraud
4 years form the discovery of the fraud
Such discovery is deemed to have taken place upon the issuance of
the OCT
But if the action for Reconveyance is based on the ground that the
certificate of title was obtained by means of a fictitious deed of sale
then this does not prescribe.
2.
Implied or Constructive trust
Land is titled to someone by mistake.
This is prescriptiblethis prescribed in 10 years.
oCounted from the fate adverse title to the property is asserted by
the possessor thereof
oIt is from the date of the issuance of the OCT or TCT that the
effective assertion of adverse title for purposes of the statute of
limitations is counted.
Because of the rule that registration of an instrument in
the Office of the RD which constituted notice to the whole
world, and therefore the discovery of the fraud is deemed
to have taken place at the time of registration.
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a.
But this only applies if the person who is enforcing
the trust is not in possession of the propertyif
he is in possession of the property the action is
one to quiet titlewhich does not prescribe.
o Laches may also be used to not enforce the trust.
When Reconveyance does not prescribe:oBased on an implied trustbut it is brought of the registered
owners of their children
oA co-heirthrough fraudsucceeds in obtaining a certificate of
title in his name to the prejudice of his co-heirs.
Deemed to be holding the property in trust for the others
Is not barred by prescription.
oPlaintiff in an action for Reconveyancewhich is in effect an action
to quiet titleis in possession of the land in question prescription
cannot be invoked IF:
Actual possession is in concept of an owner
Does not apply to where the possessor is a mere lessee of the
property
oA claim for Reconveyance which is based on the fact that the
conveyance is void ab initiothis does not prescribe.
3.
Express Trusts
Does not prescribe
But it can prescribe if the property in question has been transferred to a
third party for value and who claim adverse claim for themselves.
4.
Void Contract Action for Reconveyance is imprescriptible if it is based on a void
contract of sale.
This action cannot prosper if it has been transferred to an IPV
oThus it is important for the person to allege that the person is a
purchaser in BF or has notice of the defect in the title.
oAbsent such allegationthe defendant is presumed to be in GF
Action for Damages
After one year from the date of the decreeand of Reconveyance is
impossible because the property has passed to an IPV the aggrieved
party may bring an ordinary action for damages.
But this can be brought only against the:
o Applicant
o The persons responsible for damages
o Those who were instrumental in depriving him of the property
But this action prescribes in 10 years AFTER the one year period.
o But Sir: Says its 4.years- if it is based on fraud
Action for compensation from Assurance Fund
Special fund created by PD 1529 and is under the custody of the
National Treasurer.
This is to:
o Compensate a person who sustains loss or damage
o Deprived of land or an interest therein
This action is civil in charactermay be in the form of an ordinary
complaint.
Who may file?
o A person w/o negligence sustains:
Loss or damage
Deprived of land or any estate or interest therein
o
May bring an action in any court of competent jurisdiction for therecovery of damage to be paid out of the Assurance Fund.
Requisites for Compensation from the Funds:
1.
Aggrieved party or the suitor:
a.
Sustained loss or damage
b.
Is deprived of land or any estate or interest therein.
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2.
Such loss or damage or deprivation was:
a.
Occasioned by the bringing of the land under the operation of
the Torrens System
b.
Or Arose after the original registration of the land
3.
There was no negligence on his part
4.
He is barred or precluded from bringing an action for recoveryunder PD 1529
5. The action has not prescribed
To be able to claim from this fund you have to have a right to the
propertyif you do not have a right to the property you cannot recover
this is a condition sine qua non!
o They have to be innocent purchasers in good faith and for value
o Or they have to be the registered owner as holders of TCTs
Cannot recover if the basis of the damage is:
o Breach of trust
o Mistake in the resurvey or subdivision of the registered land
resulting in the expansion of area in the CT.
If the aggrieved party is negligent it cannot recover from the fund.
Prescriptive Period to file action
o The action shall be instituted 6 years from the time that the action
occurred.
o The SC has said that the date of the deprivation of the land is the
date of issue of the certificate of title.
But if the loss or damage is due to the error, omission, mistake,
or misdescription in any entry or memorandum in the
registration bookthe prescriptive period starts from the
date of entry or memorandum. Against whom the action can be filed
o If the loss, damage, and deprivation (LDD) of land is due whollyto
the fraud, negligence or omission, mistake, or misfeasance of the
(a) court personnel, (b) Register of Deeds, (c) Deputy RD or any
other employee of the RD in the performance of their respective
duties:
The action shall be against BOTHthe RD of the province of city
where the land is situated, and the National Treasurer.
o If above is committed is due to a some other person:
The action shall be against the RD, NT, and the person. Satisfaction of Judgment
o Award and compensation = Not more than the fair market value of
the land at the time the plaintiff or aggrieved party suffers LDD.
o If judgment is against NT and RD and 3rd
person = the judgment
shall first issue against the 3rd
person.
If the execution is returned unsatisfied, wholly or partially, and
The officer returning the same certifies that the amount cannot
be collected from the land or personal property of the 3rd
person
The remaining amount unpaid is to be paid by the NT out of the
Assurance Fund
In this case the Govt of the PH is subrogated in the rights of
the plaintiff against other parties or entities.
So if binayaran ng Govt person c/n claim na from others.
Govt has those rights na.
You only have 6 years to avail of this remedy FROM the issuance of the
certificate of title.
Compensation is the value of the land at the time of the loss.
Cancellation Suits
Suits involving Double Title
o This usually contemplates that there are 2 certificates of title and
they are issued to different persons.
o When one title is held to be superior over the other the inferior
title should be declared null and void and ordered cancelled.
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Even if the prevailing party did not pray for such relief
o General Rule: The certificate which was issued earlier will prevail!
In cases of successive registration where more than one
certificate is issued over the land:
The person who has the prior certificate is preferred over
the person who has on the second.o Decree in a land registration proceeding does not have the effect of
annulling the title that had been previously issued by PD 1529, or
even if the holder is a holder of a free patent.
o The person who has the subsequent title CANNOT transmit the title
to another
Thus even if the person is an IPV, the IPV does not have a
better right compared to the one who has the first title.
o When superiority does not apply: If the CT issued earlier if it is
established that the CT was issued through fraud or is
jurisdictionally flawed,
o
The indefeasibility of the first CT can be waived by the title holder in
favor of another who holds a subsequent certificate of title.
Cancellation Suits involving non-registrable property
o Cancellation of a CT which includes public forest or where the land
is within the public forestmay be pursued through an ordinary
action.
The action cannot be barred by prior judgment of registration
because the court had no jurisdiction.
o When other non registrable properties are titled they may be
challenged by a cancellation or reversion suit.o If a title is issued pursuant to a judgment that is not final is a
nullity!so can bring an action for cancellation
Remember: A CT can only be issued when the decision
becomes Final and Executory.
o A CT also is Null if it was given to a person who did not apply for the
land. so can bring an action for cancellation.
o If an OCT has been voided by the court insofar as certain derivative
titles are concernedthe rest that are not void are still valid.
Must be:
Issued in the name of other people They have not been heard or notified
Just like the one in the contractsif void part can be
separated, the parts of the contract not voidare still valid.
Annulment of Judgment
o Aggrieved party may seek annulment of judgment in the ordinary
land registration or cadastral proceedingpursuant to Sec. 9(2) of
BP 129
But this remedy is only available where the ordinary remedies
are no longer available and it was not due to the fault of the
petitioner.
Effect of declaration of Nullity of Title
o Not a ground for nullifying the contractual right of a purchaser,
mortgagee, or transferee in good faith.
Quieting of Title
When it is proper and Nature of the action.
o CC A476quieting of title
When there is a cloud on real prop due to an instrument,
record, claim, encumbrance, or proceeding which looks valid or
effectiveBUT it is not palait is invalid, ineffective, voidable,
or unenforceablean action may be brought to remove cloud
or quiet title.
An action may be brought to prevent a cloud from being cast.
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o This is an ordinary civil remedy
o These proceedings are said to be quasi in rem
The judgment in the proceedings is conclusive only between
the parties.
o Action for quiet of title is equivalent to an action for Reconveyance
of title wrongfully issued in the name of another. This would usually entail the cancellation of the title wrongfully
issued
This requires action by the LRA and/or the proper RD
o Claimant must show:
There is an instrument, record, claim, or encumbrance, or
proceedingwhich casts a cloud over the owners title or
interest to the property.
These are the only grounds! Cannot be anything else! So
the reasons must only be due to the FF which cast doubt in
the CT:
1.
Instrument
2.
Record
3.
Claim
4.
Encumbrance
5.
Proceeding
Form of Cloud on Title
There is a cloud on title where there is a certificate of title over a land
which is also covered by another certificate of title.
An action by one party where he asks that the certificate of the other
person be declared null and void = Can be considered an action toremove cloud or quiet title.
o This action may even be pleaded in a counterclaim.
Note: Different from challenging a registered land - because
such is not subject to collateral attack. In this case pwede
collateral attack because both of you have titles. In the
questioning the validity under Chapter 10only one has a title
and the other is just calming that hindi siya dapat may title.
Claim based on: ineffective Spanish Title, Tax Declarations, and Realty
Tax Paymentsto indicate that the WAS INHERITED BY HIM = cloud of
title = so you can ask for action to quiet.
Claim Based on Mortgage Lien: Also a proper subject for quieting title.Who may file an action to quiet title:
Registered owner of the property.
Person who is not the registered owner:
o Title in CC 447 = does not mean the OCT or TCT = It can connote
acquisitive prescription by possession in concept of owner
o Thus even equitable right or interest = may file an action to quiet
title.
o The people who use the action do not need to be in possession of
the land involved.
When action is Imprescriptible
It is imprescriptibleAS LONG AS LAND IS IN HIS POSESSION
Criminal Action
The State = Criminally Prosecute = if registration i s obtained through
fraud.
This applies to allno distinguishment whether or not the statements
were given credence by the courts.
Reversion Suits
SEE DISCUSSION UNDER CHAPTER 12: LAND PATENTS
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Judicial registration vs. Administrative RegistrationJudicial Administrative
Where to file/ Who
has jurisdiction
RTC/MTC LMB/DENR
Nature of the Land
Being Applied for
Private Land Public Land
Area Limits? None 12 Hectares
Prohibition to sell the
land upon title?
No Prohibitory period 5 years.
What is issued? Decree Patent
* In bold = important for sir
Chapter 12: Land PatentsSir:
The big difference between Land Registration and the issuance of
patents is that the subject of the land is public land.
Title over land > Patent
You know that a title is issued in an administrative proceeding because
the title number is preceded by the letter P
Now land is first given to the government, then the land is given to a
private person this is a 2014 law
In 2009 there was a law which was for free patents for residential land.
o In this case there is no 5 year prohibition to sell the land (see
summary of notes by sir)
Patents Nature of Land Grantee/Patentee
Homestead Agricultural Land Filipino Individual
Free Agricultural Land Filipino Individual
Sales Agricultural, Residential,
industrial or Commercial
Filipino Individual,
Corporation, Association
Special Same as sales Government Agency, or
Corporation
Registration of Public Land PatentsThe registration of PLPs are required by section 103 of PD 1529 it states:
Whenever public land is alienated, granted, or conveyed by the
governmentit shall be registered following this decree
Duty of the official issuing the instrument: must be filed with the
register of deeds of the place where the land is located.
o Will be done in the same manner as registration of land
o An owners duplicate will be issued to the guarantee.
The grant does not convey the land nor bind the landit only operates
as a contract between the government and the grantee and as
evidence of the authority of the RD to make registration.
o
It is the act of registration which conveys the land.
Registration will be made in the office of the RD where the land
is located.
After following the registration procedures the land shall be deemed
registered land.
Kinds of public land and to whom they are granted
They are issued to citizens of the PHthey cannot acquire more than 12
hectares of agricultural land.
Kinds of Patents
o
Homesteado Free
o Sales
o Special
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1.
*Homestead Patent
Can only apply for 12 hectares
May be issued to any citizen:
i.
Over the age of 18 or Head of a family
ii.
Should not own more than 24 hectares of land or has not had the
benefit of aby gratuitous allotment of more than 24 hectaresiii.
Complied with the residence and cultivation requirements of the
law.
iv.
Resided in the PH for 1 year in the municipality where the land is
located.
v.
Must have cultivated 1/5th
of the land that is being applied for.
How do you apply:
o You apply with the Land Management Bureauin some provinces
this is the CENRO or PENRO.
o Sir: There is a form and you just fill it up. There is no need for
lawyers; unlike Judicial registration.
2. *Free Patent
Any Natural born citizen of the PH who:
1.
Is not the owner of more than 12 hectares
2.
For at least 30 years prior to the PLA as amended (March 28, 1990),
has continuously occupied and cultivatedeither by himself of
through a PI a tract or tracts of agricultural public lands subject to
disposition
3.
Has paid real taxes on the land
4.
It has not been occupied by any person
If they comply with the requisites they will be entitled to a free patent. Under this decree the deadline to file an application for free patents
ended on December 31, 2000.
Filing and processing of application for free patentAdministrative
mode of confirming imperfect title.
o Remember: The Registration is a judicial mode of confirming title.
Sir: You have to cultivate 1/5th
and there are conditions for development
of the land which you must fulfill.
Sir: the five year requirement not to sell is gone after 5 years. This is
different from the HS patent because after the 5 years you have to get
the permission of the DENR.
Sir: There is also a joint affidavit which is issued by 2 people in favor ofthe applicant which state that they know the person and that the
applicant has been living in the land and also cultivating it.
Sir: Also the certification of the Bgy. Captain which states that notice has
been posted where the land is located.
3. Sales Patent
Only citizens of PH with the FF. characteristics can apply for a sales
patent:
1. Lawful age
2.
If not lawful age, but head of a familymay purchase public
agricultural landbut not more than 12 hectares.
Public corporations are not qualified to acquire land through this
patent.
Procedure for agricultural lands to be cultivated:
1.
Land is sold at public auction
The highest bidder will get the property
2. The winner is required to have 1/5th
of the land broken and
cultivated within 5 years from the date of the award.
3.
The sales patent will only issue to him:
After full payment
After he has established his occupation, cultivation, andimprovements of at least 1/5
thof the land.
Procedure for lands which are suitable for residential purposes:
o Land is sold at public auction and awarded to the highest bidder.
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o A sales patent is issued after payment of the full purchase price and
construction of permanent improvements which are suitable for
the purpose for which the land is purchased
Should be done within 18 months.
RA 730June 18, 1950
o
This authorizes the sale without public bidding to any Filipino ofLegal Age who is not the owner of a home in the municipality where
he residesand who has in good faith established his residence of
a parcel of land of the public domain of the RP and not needed for
public service.
This should not be more than 1000 sqm.
Essential ConditionConstructed house on the lot and actually
resides there.
o This is the exception to the general rule that sale should be by
bidding.
4.
Special Patents
May also be granted to Non-Christians (but now covered by the IPRA):
o As soon as the secretary of the DILG shall certify that the majority
of the NC inhabitants have advanced in civilization
o Then the president may grant these lands to the NCs
Patents may also be issued for educational, charitable, and other similar
purposes.
RA 926 allows the granting of land by the government as payment for
expropriation proceedings (landed estates acquired by the government)
o Assessed value will not be taken into consideration if the exchange
is involving public agricultural land.o There is also a 12 hectare limit.
Original Certificates issued pursuant to special patents = concrete and
conclusive evidence of an indefeasible title.
Sir: You can award more than 12 hectares.
Sir: Special patents are usually issued to government entities
o Ex. Reclaimed land manila harbor center was awarded as a special
patent to the NHA.
o Issued by the president himself due to the fact that there is no 12
hectare limit.
*Registration of Patents and its Effects: All land patents must be registered for them to be efficaciousergo
the patents are only effective upon registration.
o Registration is needed in order to bind 3rd
parties.
o If it is not registered the patent is not indefeasible
Sale Patents: public character of the land is not removed. It is only upon
registration that it is converted in to private land.
Note: Registration is ALWAYS with the RD!!!!!
OCT issued because of a LP is of the same nature as an OCT from judicial
proceeding.
o The certificate of title becomes incontrovertible and indefeasible
after the lapse of 1 year from the date of the issuance of the
patent.
Prescription cannot run against the owner.
If there is a patent = cannot be subject to a cadastral proceeding nor
declared to another person.
*Restrictions on alienation/encumbrance of lands titles
pursuant to patents & right to repurchase
If a land patent is granted = CANNOT SELL FOR A PERIOD OF 5 YEARS
FROM DATE OF ISSUANCE OR GRANT!
o
If ever you sellonly back to the government or a legally
constituted banking corporation (has to be a Government Bank)
o You cannot sell even to a member of your family.
o If you sell within the 5 yearsthen the sale is VOID
Even the intention to sell will render the sale void.
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Basta within the 5 years CANNOT SELL! AS IN NO TALAGA.
Except: To the Government or a Government Bank.
o Now the only government bank is the Land Bank
For Homestead Patents: cannot also alienate, convey, or transfer the
land after the 5 year period and before 25 years WITHOUT the
approval of the Secretary of the DENR.o If you sell it after the 5
thyear till before the 25
thyear you need the
permission of the Secretary of the DENR!!!!!
o This also includes using the property for satisfaction of debts.
Remember: For the computation of the period: the issuance of the
patent is deemed to be form the promulgation of the order of issuance
by the Director of Lands.
Section 118 of the PLA: Cannot take the properties for the satisfaction
of a debt before the expiration of the 5 year period.
Section 119 of the PLA: given the owner-vendor of the lands the right to
repurchaselands acquired under free patent, or homestead patent. Sir:
The sale is made within the prohibitory periods. (Sales Patent 5 years;
Homestead 5 or 25.)
o The right to repurchase can also be exercised by his widow or legal
heirsThis means that when the person to whom the patent was
awarded is still aliveHe alone can institute the action!
o The right to repurchase must be exercised within 5 years from the
date of conveyance.
The date will be the date that it is conveyed to a 3rd
person
who is not a member of the family. look at reason of next
part.
Sir: If the land is mortgaged it cannot be foreclosed if it is within the 5year prohibition.
o The only one that can foreclose on it is a government bank.
*Reason for prohibition and the Right to Repurchase
Reason: based on the fundamental poli cy of the state to preserve and
to keep in the familyof the public land grantee the portion of the public
domain which the state has gratuitously given to him.
The prohibition is mandatory and violation of this renders the
conveyance VIOD.
Right to Repurchase
Right to Repurchase: If acquired through a homestead patent of a free
patentwidow or heirs have the right to repurchase the property
within the 5 years from the date of conveyance (when the prop is
mortgaged and shit.)
But if the land is no more agriculturalbut it has become residential
and the intention is business or profitthen the family does not have
the right to repurchase.
When to avail of the R2R
o Attaches to EVER alienation and encumbrance!
This right can even be exercised even if there is no R2R in the
deed of sale.
o This right cannot be waived! And it does not matter if the
conveyance is voluntary or involuntary.
5 year period begins form: date of the execution of the deed of sale
unless there is a stipulation that ownership is not vested until full
payment, then it will run from this.
If the person who applied is still living HE IS THE ONLY ONE that can
use the R2R. If he is deadpwede na wife or heirs.
R2R may be expressed in any form and manner
In case of EJ foreclosurethe 5 year period runs from the end of the 1year that is allowed for the repurchase of the EJ foreclosure.
o Does not have to make an offer to redeem or tender payment
filing of an action to redeem is sufficient.
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Sir: Sometimes the court will even deny the right to repurchase for
example the originally patentee wanted to buy the land not for the
reason for keeping in the family.
o Ex. Land became super valuable -> so now the original patentee
wanted to buy it back.
o
Intention of why they want to buy back is key.
Other restrictions of Public Land Grants
Encumbrances made by persons belonging to Non-Christian tribes may
be made only when the person making the conveyance is able to read
and understand the language which the instrument is drafted in.
If conveyance is made by illiterate non0christiansthen it needs the
approval of the commissioner of Mindanao and Sulu.
Private Corporations may lease lands covered by LPs as long as they are
for commercial, industrial, educational, religious, or charitable
purposes, or for a right of way - subject to the approval of the
Secretary of the DENR
Cannot dispose lands which were originally acquired through the PLA to
those who are qualified to acquire lands of the public domain,
Effect of Violations of the Restrictions
Any acquisition in contravention of the restrictions will be considered
NULL AND VIOD
It shall produce the effect of annulling, and cancelling the grant, title,
patent, or permit originally issued.
o The property will be reverted to the state.
Actions against improper & illegal issuance of patents
The usual actions that are taken against improperly and/or illegally
issued patents and their corresponding certificates are:
1.
Reversion Suits
2.
Cancellation Suits
3.
Reconveyance Suits
Reversion Suits
Objective = cancellation of a certificate of title and the reversion of the
land back to the state. Note: reversion = lands go back to the state; cancellation =usually
brought by a private individual.
This action is also called a: (a) cancellation suit or (b) annulment suit
Proper forum for the suit = RTC where the land involved is located.
Evangelista vs. SantiagoDistinction of Action for Reversion and Action
for declaration of nullity
o Allegation
In a reversion suit what is being alleged is that the land belongs
to the state
In an action for reversionit is only the director of lands
who is entitled to relief.
Remember: Governmentthrough the OSGupon the
recommendation of the Director of Lands.
In a declaration of nullity what is being alleged is that the
plaintiff owns the land prior to the issuance of a free patent; as
well as the defendants fraud or mistake in obtaining the
property.
The declaration of nullity is based not on the fraud or
mistakerather it is based on the fact that the Director of
Lands had no Jurisdiction to award a patent.
o
Real Party in Interest In a reversion suit the real party in interest is the state
In a declaration of nullity the real party of interest is the
plaintiff who alleges a pre-existing right of ownership over the
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parcel of land in questioneven before the grant of title to the
defendant.
o Effect of Winning the Suit
In a reversion suit the property goes back to the ownership of
the state
In a Declaration of Nullity It depends
Grounds for reversion
Violation of Sections 118.120,121,122,123 of the PLA
o Any violation of these provisions renders the conveyance of the
disposition VIOD AB INITIO
o Lands will be reconveyed back to the state and along with the
improvements
o But the reversion is not automaticthe government still has to
take action in order that the land may be reverted back to it.
Arsenal vs. IAC:An alienation or sale of a homestead patent executed
within the 5-year prohibitory period is void
o A confirmatory deed issued after the lapse of the period does not
cure the sale.Viod pa rin hehe
Zambales vs. CA:Even a bi-lateral promise to buy and sell which was
entered into during the 5-year period was voided
o The SC said that there is no distinction between executory or
consummated sales.
SOLA vs. CFI: Nullity of the sale of only a portion of the lot covered by a
free patent or homestead patent due to the violation of section 18
extended to the entire lot.
o
The sale causes the cancellation of the title and the reversion of thelands back to the state.
So If you are given a patent Hold on dont let go. If you do
you will lose it forever.
When land patented is not capable of registration
The director of lands cannot grant patents over public and forest lands
not capable of registration.
o But if he is misled to granting these patentsthen the patents
issued are jurisdictionally flawedthus the lands can be reverted
back to the state.
But: if a portion of the patent included a riverand it was due to themistake or it was erroneously included by the agency or official issuing
the patent ; provided that there was no clear evidence of fraud then
only the portion over which the river is should be reverted back to the
governmenteverything else is valid.
Failure of the grantee to comply with conditions imposed by law to entitle
him to a patent or grant.
For disposable agricultural public landif the awardee of the patent is
not able to comply with the conditions imposed by law to entitle him to
a grantvoid the patent
Note: Section 91 of the PLA states that if a patent was secured through
fraud and misrepresentationthen ipso facto produce the cancellation
of the concession, title, or permit granted.
The patentee cannot also invoke the 1year indefeasibility rule because:
o A grant tainted with fraud and secured through misrepresentation
is null and void and of no effect.
Failure of applicant to disclose that another person was in possession of
the property (even a part of it)constituted fraud and
misrepresentation and is thus a ground for annulling the title.
When land is acquired in violation of the constitution Land acquired by an alienreverted back to the state.
Land acquired by a corporation whose PII has not acquired an
imperfect titlemay also be assailed in a reversion suit.
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Who instituted an action for Reversion:
OSG in behalf of the RP
o He has the specific power to represent the govt in all land
registration and related proceedingsand to institute actions for
reversion to the government of lands of the Public Domain and
improvements thereon as well as lands held in violation of the
constitution.
A private party cannot being an action for reversion.
o But: SC may resolve issue of alleged fraud in the acquisition of a
patent although the action is instituted by a private personif the
facts are not disputed and the area involved is small.
Investigation of the Director Of lands prior to the institution of suits
Actions for reversion, or annulment should be initiated by the Director
of Landsor at least someone with his prior authority and consent.
Investigation and inquiry should precede the suit.
The indefeasibility of the title is not a bar to the investigation of the
DOL. As long as the investigation is about the fraud or
misrepresentation that could have taken place in order to secure the
land. this is the duty of the DOL to do.
Indefeasibility of title, prescription, laches, and estoppel do not bar a
reversion suit.
The defense of indefeasibility of title does not apply to a suit for
reversion for a land patent that was issued over land which is not
capable of registration (ie. Forest land, registered a lake, etc)
o
This is due to the fact that the director of lands had no jurisdictionto dispose of the lands.
You cannot also invoke indefeasibility when the cause of action of the
government is that you did not follow the cultivation requirements.
o This is part and parcel of the patent non-fulfillment makes the
patent subject to annulment.
The government is also not estopped by the actions or mistakes of its
employees.
The state is also not bound by prescription or laches.
o This does not apply to corporations or artificial bodies which are
created by the state for a specific purpose.
Cancellation Suits
Director of lands issued a patent over land which is private landthe
aggrieved owner may file a cancellation suit.
Action for Reconveyance
Action for when a patent and corresponding certificate of title were
acquired through a breach of implied or constructive trust.
Emancipation Patents; Conditions for Issuance
The tenant farmer, whether in land classified as landed estate (land in
the probinsiya) or not, shall be deemed owner of a portion constituting
a family-size farm of five (5) hectares if not irrigated and three (3)
hectares if irrigated.
In the implementation of the emancipation of the tenantsthe DAR will
issue in duplicate a Certificate of Land transfer.
o The original shall be kept by the tenant farmer, and the duplicate in
the RD
The RD has a special book for this called the Provincial register
of Documents.
o
Emancipation of Tennantsbefore they used to rent the land theytill; now the government gives them the land that they till.
Payment terms for the tenant farmer = 15 years of 15 equal
amortizations.
When will an emancipation patent be issued in the name of the Farmer?
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o Once he pays the price in t he payment terms stated above
o He becomes a full-fledged member of a duly recognized farmers
cooperation
o He has complied with other related obligations
For the Emancipation Patentthis is issued to the farmer by the DAR
(different from other cases where DENR, or in land registration where it
is the courts)
After this the RD Shall:
o Unregistered Landcomplete the entries on the Emancipation
Patent and shall assign an OCT number.
o Registered LandIssue the corresponding TCT without requiring
the surrender of the owners duplicate of title to be cancelled.
o Grantee DiesDAR shall determine his heirs or successors-in-
interest and shall notify the Register of Deeds accordingly.
o In case of subsequent transfer of property covered by an
Emancipation Patent or a Certificate of Title emanating from an
Emancipation PatentThe RD shall affect the transfer only upon
receipt of the supporting papers from the Department of Agrarian
Reform.
o No fee, premium, of tax of any kind shall be charged or imposed in
connection with the issuance of an original Emancipation Patent
and for the registration or related documents.
Restriction on the Patent
Title to the land acquired though the Emancipation Patent is non-
transferable
o The only instance where it is allowed is if it is:
Hereditary Succession
Conveyance back to the government
Subsequent dealings on lands covered by Emancipation Patents
NO voluntary deed or instrument over land which is principally devoted
to rice or corn- or any portion thereofshall be registered unless:
o Accompanied by affidavit of the vendor which states that the land
involved is not tenanted
Or if it is tenanted then the tenanted portion is not devoted to
rice and corn.
If only a portion of the land is dedicated to rice and corn - and that part
is tenantedno such deed or instrument will be registered unless it is
accompanied by an affidavit which states the area of the of the portion
which is tenanted and devoted to R&C and also stating that the deed or
instrument covers only the untenanted portion or which is not devoted
to rice and corn,
A memorandum of said affidavit shall be annotated on the certificate of
title. The Register of Deeds shall cause a copy of the registered deed or
instrument, together with the affidavit, to be furnished the Department
of Agrarian Reform Regional Office where the land is located.
The affidavit provided in this section shall not be required in the case of
a tenant-farmer who deals with his Certificate of Land Transfer or
Emancipation Patent in accordance with law.
The requisite of the affidavit = to complement restriction of the transfer
of title to the lands acquired under emancipation decree.
*Deed or instrument mentioned here means one purporting to be a
subdivision, sale, mortgage, lease, sale, or any other mode of
encumbrance.
Cases Fontanilla vs. CA: A homestead patentee has 5 years by which to
repurchase the property. (also his heirs and widow)
o This 5 year period is counted form the date that conveyance is to a
3rd
person. Conveyance to a member of the family does not start
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this 5 year period. This is due to the fact that the very essence of
Section 119 is to keep the land in the family. Conveying it to a
family member is keeping with this purpose.
Romero vs. CA:
o A sale within the 5 year prohibitory period is VOID (even if it is sold
to heirs)
This is different from the Font anilla case because what was
being assailed there was the right to repurchase. In this case it
is the validity of the salealso the land was transferred to the
sons after the 5 year prohibitory period.
o Also a person can only get a maximum award of 24 hectares in total
any excess of this is void.
For examplehad 24 nathen said to son hold this naman in
trust for methis act would be void because it is a trust
constructed for the circumvention of the law (para the person
can get more than 24 hectares).
Aberajon vs. Nabasa: Action for Reconveyanceif not instituted by thegovernment the private person must show that there is fraud and if
there is fraud there is a constructive trust that arises.
o Also in order for an action for Reconveyance to prosper there must
be a showing that you have a right to the land. If you have no right
to the landthere is nothing to reconvey. Precisely the point: an
action for Reconveyance seeks to return to the rightful owner what
he has been deprived of.
Heirs of Santiago vs. Santiago: A free patent that is issued over private
lands is voidthe public land act only applies to lands of the public
domain this even applies to lands which have been acquired through
occupation for 30 yearseven if it has not yet been registered.
Morandarte vs. CA: Spouses M had land registered under their name
but it included pala parts of a river the state filed a suit for reversion.
o The SC said that the deed is still valid and only the portion which
included the river shall be nullified.
Its reason for doing this is the fact that it was due to the fault
of a government employee that the land river was included.
Thus the conventional cause of reversion which is fraudwas
not present in the casethus the whole property need not be
reverted.
Lorzano vs. Tabayag: Sister said that she will hold on to the land so that
she can get the rent to pay for her sons college education. After her son
graduatesshe will reconvey the landSon graduatedand she did
not give it saying that there was a deed of sale between her and their
father.Signature in title = forged; acknowledged before a Notary who
was not duly commissioned.
o A title emanating from a free patent fraudulently secured does not
become indefeasible.
o Registration of a title under the Torrens system does not by itself
vest the titleit merely confirms the registrants already existing
title.
Registration under the Torrens system is not a mode ofacquiring ownership.
o A fraudulently acquired free patent may only be assailed by the
government in an action for reversion.
Governmentthrough the OSGupon the recommendation of
the Director of Lands.
Exception: Action for Reconveyanceseeks direct
Reconveyance from the defendant public land, unlawfully and
in breach of trust titled by him, on the principle of constructive
trust.
o Lim vs. Delos Santos: Filed a case with the regional secretary of the
DENR then with the Secretary of the DENR both decided against
Lim. Lim appealed to the OP but he did not pay the filing fees for
an appeal.
SC: payment of the fees is mandatory and jurisdictional. The
court will acquire no jurisdiction if the fees are not paid. Thus
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the CA was correct in dismissing the complaint for not
following procedure.
Chapter 13: Reconstitution of Title; Other
Petitions/ Actions after Original Registration
Reconstitution of Lost or Destroyed Original Copies of
Certificates of Title
Meaning, purpose and nature of reconstitution
Reconstitutiondenotes restoration of the instrument which is
supposed to have been lost or destroyed in its original form and
condition.
Purposeto have the title reproduced, after proper proceedings, in the
same form they were when the loss or destruction occurred.
o
If the court goes beyond this purpose then it goes beyond itsjurisdiction.
What the applicant must provenot only the loss or destruction; but
also the time that the title was lost or destroyed he was the registered
owner of the land.
If no OCT exists then the reconstituted title is a nullitythis same rule
applies if in fact there is an earlier valid certificate of title in the name
and in the possession of another person.
This is a proceedings in rem
Source of judicial reconstitution of title
For OCTsthe sources in the following order may be availed of:
1. Owners duplicate certificate of title
2.
Co-owners, mortgagees or lessees duplicate of OCT
3.
Certified copy of OCT previously issued by the RD concerned or by a
legal custodian.
4.
Authenticated copy of the decree of registration or patent which was
the basis of the certificate of title.
5.
Deed or mortgage, lease of encumbrance containing description of the
property covered by the certificate of title, and on file with the registry
of deeds, or an authenticated copy indicating that the original had been
registered.
6.
Any other document, in the judgment of the court, which is sufficient
and proper basis for reconstitution.
For TCTs the sources in the FF order may be availed of:
1.
Owners duplicate certificate of title
2.
Co-owners, mortgagees or lessees duplicate of OCT
3.
Certified copy of OCT previously issued by the RD concerned or by a
legal custodian.
4.
Deed of transfer of other document containing description of the
property covered by the TCT and on file with the RD; or an
authenticated copy thereof indicating that the original had beenregistered and the loss or destruction occurred after the ti tle was
issued.
5. Deed or mortgage, lease of encumbrance containing description of the
property covered by the certificate of title, and on file with the registry
of deeds, or an authenticated copy indicating that the original had been
registered.
6.
Any other document, in the judgment of the court, which is sufficient
and proper basis for reconstitution.
Rule on availment of any other document deemed proper and sufficient
Means that the documents are similar to those that are enumerated.
The important thing to note is that the documents that are submitted
must satisfy the curiosity of the court that the land is really yours. And
that you really really really really tried to get the documents that are
enumerated abovebut you could not find any.
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o Sometimes the lack of the documents will even be an indication
that the land is not really yours.you have to show that you really
really really tried to search for the docs talaga.
Requirements and Procedures in Petitions for Judicial
Reconstitution
Publication of Notice and Posting under Sections 9 and 10
Sections 9 and 10 of RA 26 require that 30 days before the date of
hearing:
1.
Notice be published in the OG for 2 consecutive weeksat the
expense of the petitioner.
2. Noticebe posted in the main entrances of the provincial buildings
and of the municipal hall of the municipality of city where the
property lies.
Section 9 requires that the FF be stated:1.
The number of the Certificate of Title
2.
The name of the Registered owners
3.
The Name of the interested parties appearing tin the reconstituted
certificate of title.
4.
The location of the property
5.
Date which the persons having interest in the property must
appear.
Requirements in Sections 9 & 10 = Are MANDATORY AND JURISDICTIONAL
The proceedings in section 9 & 10 are in rem
The court acquires jurisdiction to hear and decide the petition for
reconstitutionupon compliance with the required posting and
publishing.
o Note: For reconstitution of titlethere is no need to publish in a
newspaper of general circulation.
Non-compliancemakes the proceedings void
o Thus the reconstituted title is also void.
Contents of the Petition and Publication and Posting of the Notice thereof
The petition for reconstitution shall state or contain the FF:
1.
Owners duplicate of the certificate of title has been lost of
destroyed.
2.
No co-owners, mortgagors, or lessees duplicate has been issued.
3.
The location, area and boundaries of the property.
4.
Nature and description of the buildings or improvements which do
not belong to the owner of the landalso the address of those who
own these improvements.
5.
Names and addresses of the:
a.
Occupants or persons in possession
b.
Owners of the adjoining properties
c.
All persons who may have interest in the properties.
6.
Detailed description of any encumbrance affecting the property ifany.
7.
Statement that no deeds of other instruments affecting the
property have been presented for registrationor if there has been
anythe registration thereof has not been accomplished.
This act also requires that:
o All documents or authenticated copies be introduced as evidence in
support of the petitionshall be attached to the petition and filed
with the same.
If the source is any other document:
o The petition shall be accompanied with:
1.
A plan and technical description of the property duly approved
by the Administrator of the LRA. OR
2.
Certified copy of the description from a prior certificate of title
covering the same property.
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The law mandates the court to issue a notice of the petition for
reconstitution which shall state:
1.
Name of the registered owner
2.
Names of the occupants or persons in possession of the property
3.
The owners of the adjoining properties
4.
The location, area, and boundaries of the property
5.
Date by which the persons who have an interest in the property
should appear and file their claims, objections to the petition.
Publication of notice, posting, and sending of notice by mail
The courts shall cause the said notice:
o To be published twice in the OGat the expense of the petitioner.
This should be out in circulation 30 days before the hearing.
o Posted in the main entrance of the Provincial/Municipal Building in
the Municipality/City in which the property is situateddone 30
days before the hearing.
o
Noticeto be sent by registered mail to be done 30 days prior tothe date of the hearing.
Section 12only the registered owner, his assignees or any other
person who has an interest in the property may file a petition for
reconstitution.
o The RD is not the proper party to file a suit.
Section 13Publication of the notice of petition in a local newspaper is
not required. Notice by publication is not sufficient, notice must be
personally sent or delivered to the parties affected by the petition for
reconstitution.
Section 12&13 are mandatory and jurisdictional non-observance of
these fatally affects the proceedings.
Alabang Development vs. Valenzuela:
1.
Requirements of section 12 & 13 are mandatory and jurisdictional.
2.
Duty of the persons who are applying for reconstitution:
a.
Know who are the boundary owners on all sides and directions
of their property
b.
To inquire who of their neighbors are in actual possession and
occupation of the property, but also of the land adjacent
thereto.
c.
The obligations cannot be ignored especially where the land is
in a prime location for residential, commercial, and industrial
purposes.
3.
Failure or omission to notify the owner, possessor, or occupant of
adjacent property, as well as failure to post copies of notice of
hearing in the main entrance of the municipal/city building are fatal
to the acquisition and exercise of jurisdiction of the RTC
4.
Motions for intervention by owners or occupants of the properties
involved should be allowedin the interest of the administration of
justice.
Dorodas vs. CA: If the reconstitution is based on the Owners Duplicate
Certificate of Titlenotice to the owners and of the adjoining lots andactual occupants of the subject property are not mandatory and
jurisdictional.
If the full names and addresses of the adjoining owners are not known
the application shall state the extent of the search made to find them.
o The mere statement of the lack of knowledge of their names and
addresses is not sufficient compliance with requirements mandated
by law.
The publication of the petition in 2 successive weeks in the OG and the
notice of hearing to the adjoining owners, and the posting of the notice
in the municipal building 30 days prior to the hearing are mandatory
and jurisdictional requirements.
The notice the adjoining lot owners is not the duty of the petitioner
rather it is the duty of the courts.
o Stillthe failure of the court to comply with the law does not
excuse its compliance.
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Duty of the courts and a warning to them
It is the duty of the court to make sure that the indispensable parties
are duly served with actual and personal notice of the petition
particularly when the land involved is prime developed commercial
land.
The duty of the court to issue the reconstitution of title is mandatory
and they are given no discretion to deny it if:
o The petitioner is the registered owner
o The certificate of title was in force at the time it was lost or
destroyed
o The evidence presented is sufficient and proper to warrant the
reconstitution of title.
The court even without any opposition by the government must
convince itself that the petitioners evidence is substantial enough to
warrant reconstitution.
o The order or judgment shall become final after the lapse of 15 days
FROM THE RECEIPT BY THE RD CONCERENED AND BY THEADMINISTRATOR OF THE LRA of a notice of the order or judgment
and there was no appeal filed.
Judicial reconstitution of title is unnecessary if the OCT is with the RD
o In this case it is the duty of the courts to deny the petition for
reconstitution.
A wrongly reconstituted CT secured through fraud, misrepresentation,
- cannot be the source of a legitimate rights and benefits.
Administrative reconstitution of title
This may only be done in case of substantial loss or destruction of land
titles due to fire, flood, or otherforce majureas determined by the
ALRA.
o Provided that the number of lost or damaged titles should be at
least 10% of the total numer in the possession of the RD
Provided further that in no case should the loss or damage
titles be less than 500.
Sources of administrative reconstitution
Administrative Reconstitution may only be based on:
o Owners Duplicate CT
o
Co-owners, mortgagees, or lessees duplicate of title.
Contents of Petition and Where to File
The petition for reconstitution shall state the:
o Petitioners full name
o Address and other personal circumstances
o The nature of his interest in the property
o The title number of the certificate - accompanied by the source for
reconstitution and an affidavit of the registered owner - stating the
FF:
1.
That no other deed or other instrument affecting the propertyhas been registered. If there are others then the:
a.
Nature of the other instrument
b.
Who the other parties are and
c.
Whether the registration of such deed or instrument is still
pending accomplishment.
2.
That the ODCT or Co-owners DCT is in due form and without
any intentional and apparent erasures
3.
That the CT was in full force and effect at the time it was lost or
destroyed.
4.
CT is covered by a declaration regularly issued by the Assessors
office
5.
That the RE taxes have been fully paid up to at lesat 2 years
prior to the filing of the petition for reconstitution.
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If the reconstitution is to be made from any of the sources enumerated
in section 2b or 3b then the affidavit should further state that the
owners duplicate certificate of title has been lost or destroyed.
o The RD shall reconstitute the certificate of titleif there is no valid
reason to do so.
o 2b & 3b = The co-owner's, mortgagee's, or lessee's duplicate of the
certificate of title
This petition may be filed with the RD by the registered owner, his
assignees, or other personsNATURAL OR JURIDICALhaving an
interest in the property.
Review of Decision of Reconstitution and remedy by the aggrieved party
The Land Registration Authority Administrator may review, revise,
reverse, modify or affirm any decision of the reconstituting officer or
Register of Deeds.
o The LRA may even nullify the reconstituted certificate of title which
was issued. It can even declare a title valid or invalid on its face.
The facts and findings that are made by the LRA when
supported by substantial evidenceshall be binding on the CA
Because of this power of the L RA there is no more need for the
judicial declaration of fraudulently reconstituted titles.
Any appeal shall be filed within fifteen days from the receipt of the
judgment or order by the aggrieved party
Any interested party who by fraud, accident, mistake or excusable
negligence has been unjustly deprived or prevented from taking part in
the proceedings may file a petition in the proper court to set aside the
decision and to reopen the proceedings.
The petition shall be verified and must be filed within sixty days after
the petitioner learns of the decision but not more than six months from
the promulga