Page 1 LTD Pinedapcg,rn,man 2015 Regalian Doctrine-all lands and natural resources emanates from the State Jura Regalia in essence states that private land emanates from the State/Spanish crown. The Philippines adheres to the principle of regalian doctrine BASIS: Consti: Article 7 Sec 2. The adherence also did not start from the advent of the 1987 Consti but even in previous Const, 1935 Sec 1 Art 5, and 1973 Sec8 Art 14. Case: Cruz vs Sec of Natural Resources Basis of the pronouncement Carino vs Local Govt Concept of native title must be recognized not merely the regalian doctrine. Nobody can be deprived of his property without due process. The natives have occupied and possessed the land even before the colonization of the Spaniards. IPRA was merely recognition of the right Dissenter: J. Vitug, the Constitution is the expression of the will of the sovereign, thus it must rule supreme over jurisprudence and statutes. The jurisprudence and statues must conform to the Consti. Torrens Sytem: Formulated by: Robert Torrens, based on the mechant civil act. Purpose of Torrens: Legarta vs 1. Quiet title *how the TS settles issues regarding title and the safeguards provided by the law Nature: Judicial and in rem Action in personam binds certain named individuals who happen to be parties in action. E.g. A sues B for sum of money Action in rem pertains against the whole world. WON you are impleaded in an action in rem, although you did not participate in the proceeding you might be affected. Thus one of the requisites is publication, to serve as a constructive notice. Petitions for original registration: e.g if A has a property in Mindanao, A must file it in Mindanao (jurisdiction) whatever happen to that case the decision is binding to everyone, one cannot claim that he was never notified. Another feature of T.S., after the process of registration is final and Intelligentia et Scientia Semper Mea
Regalian Doctrine-all lands and natural resources emanates from
the StateJura Regalia in essence states that private land emanates
from the State/Spanish crown.The Philippines adheres to the
principle of regalian doctrine BASIS: Consti: Article 7 Sec 2.The
adherence also did not start from the advent of the 1987 Consti but
even in previous Const, 1935 Sec 1 Art 5, and 1973 Sec8 Art
14.Case: Cruz vs Sec of Natural ResourcesBasis of the pronouncement
Carino vs Local GovtConcept of native title must be recognized not
merely the regalian doctrine. Nobody can be deprived of his
property without due process.The natives have occupied and
possessed the land even before the colonization of the Spaniards.
IPRA was merely recognition of the rightDissenter: J. Vitug, the
Constitution is the expression of the will of the sovereign, thus
it must rule supreme over jurisprudence and statutes.The
jurisprudence and statues must conform to the Consti.Torrens
Sytem:Formulated by: Robert Torrens, based on the mechant civil
act.Purpose of Torrens:Legarta vs1. Quiet title*how the TS settles
issues regarding title and the safeguards provided by the
lawNature: Judicial and in remAction in personam binds certain
named individuals who happen to be parties in action.E.g. A sues B
for sum of moneyAction in rem pertains against the whole world. WON
you are impleaded in an action in rem, although you did not
participate in the proceeding you might be affected. Thus one of
the requisites is publication, to serve as a constructive
notice.Petitions for original registration: e.g if A has a property
in Mindanao, A must file it in Mindanao (jurisdiction) whatever
happen to that case the decision is binding to everyone, one cannot
claim that he was never notified. Another feature of T.S., after
the process of registration is final and no fraud is attended in
the proceeding the title can no longer be impugned or be
challenged.=indefeasible titleT.S. cannot be collaterally attacked,
meaning?e.g. A obtains a loan from B, to secure the loan A mortgage
his land to B, upon execution of the mortgage B refuses to give him
the amount he is borrowing. A then files an action for specific
performance. B cannot set up a defense that he cannot grant the
loan because the title I null and void. Such cannot be done because
T.S cannot be collaterally attacked. The main controversy in the
case is the specific performance.Remember the Title can only be
attacked directly, by filing a petition challenging the validity of
the title. A person in whose favor the torrens title is issued he
is deemed to hold that free from any encumbrances and liens. The
act of registration is not a mode to acquire ownership. It merely
serves as evidence to the ownership of the property.The law
provides an exclusive list for acquiring ownershipTitle vs CTCTitle
is the basis of ones claim of ownership over the property
(abstract/concept)CTC is the evidence of ownership. (concrete)Act
946Act 2874 1919 CA 141 1936 CA 141: most important sec 48 (b, c)
this particular provision exist under PD 1529 Citizens xxx Relate
with section 14-who may apply for original registration.Act no
496:1. Torrens system is established2. Court of land registration3.
Assurance fund
The distinction between RTC acting as a registration court and
RTC as plenary court is abrogated after the enactment of PD 1529.
See section 2.
