LTD Palabrica Notes
LTD Palabrica Notes
2009
Atty. Palabricas Lectures All lands of the public domain, waters, minerals,
coal petroleum, and other mineral oils, all forcer of
HISTORY potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are
Spanish Influence Legal significance to ownership of owned by the State. With the exception of
the land agricultural lands, all other natural resources
shall not be alienated. The exploration,
Regalian Doctrine all lands are owned by the
development, and utilization of natural resources
State
shall be under the full control and supervision of the
state. The state may directly undertake such
How lands were owned during the Spanish Era
activities, or it may enter into co-production, joint
venture, or production-sharing agreements with
1. Titulo Real (Royal Title) Land is given to
Filipino citizens, or corporations or associations at
Spanish people to encourage them to settle
least 60% of whose capital is owned by such
in the Philippines. Among those granted are:
a. Discoverers citizens. Such agreements may be for a period not
exceeding 25 years, renewable for not more than 25
b. Settlers
years, and under such terms and conditions as
2. Special Grant Grant given by the governor maybe provided by law
assigned in the Philippines. No special law
is required to empower governor to grant.
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2. Act 926 of 1903 otherwise known as First Public Land Every person registering in good faith and
Law. Applicable to Public Lands. SUBSTANTIVE. for value need not go beyond the title.
Among its functions are: Person who fraudulently registers the land in his
name is holding the property as a trustee and
a. Providing for Homesteading aggrieved party has option to recovery.
b. Issuance of Patents
c. Completion of imperfect title
d. System of Sales and Lease 4. Act 141 of 1936 Amended 1903 Torrens System. More
e. Rids of Spanish concession substantial than procedural
Act 2874 of 1918 Amendatory act of Act 926. 5. Act 496 Land Registration act of 1903.
PROCEDURAL.
3. Torrens System of 1903 Otherwise known as Land
Registration Act. Copied verbatim the 1898 Torrens In a nutshell: Act 926 provided for the substantive
System of Massachusetts by Robert Torrens, a South requirements seen in PD 1529, while Act 496
Australian Registrar of Deeds. He was said to be enumerated the procedures to be undertaken.
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(1) Those who by themselves or through their Pertains to Original registration Involves land
predecessors-in-interest have been in open, of public domain that are alienable, its purpose
continuous, exclusive and notorious possession and is to perfect the imperfect title held by the
occupation of alienable and disposable lands of the possessor.
public domain under a bona fide claim of ownership Section 14 is a colorable right
since June 12, 1945, or earlier. June 12 1945 does not pertain to the status
of Alienable and Disposable but rather to
(2) Those who have acquired ownership of private the Bona Fide Ownership.
lands by prescription under the provision of We have until December 31, 2020 to perfect
existing laws. imperfect titles. So what are you waiting for?
(4) Those who have acquired ownership of land 1.) Filipino Citizen
in any other manner provided for by law.
Can a corporation be an applicant for
registration of land? Corporations cannot
Where the land is owned in common, all the co-owners
own lands of Public Domain therefore cannot
shall file the application jointly.
be an applicant for original registration.
O BUT Filipino Corporations can own
Where the land has been sold under pacto de retro, the private lands if land has already been
vendor a retro may file an application for the original registered.
registration of the land, provided, however, that should the If owned previously by a private
period for redemption expire during the pendency of the individual, then sold to a Filipino
registration proceedings and ownership to the property Corporation, the latter may
consolidated in the vendee a retro, the latter shall be become an owner. This is
substituted for the applicant and may continue the because the moment all the
proceedings. requisites or application are
complied with, the owner may
A trustee on behalf of his principal may apply for original be given ad GOVERNMENT
registration of any land held in trust by him, unless prohibited grant. (Republic vs Sineza)
by the instrument creating the trust. In fact the corporation may
continue the application
proceedings when upon the
original registration of the owner
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of the land, such land becomes If land is not Alienable but occupied for a long
a private land. time, it still cannot be registered since the
O BUT Foreign Corporations cannot own land was not being occupied through a bona
public or private lands, whether fide claim.
registered or not. (Director of Lands
vs. ACME Mineer and Plywood Occupation of Predecessor-in-interest is
Company). TACKED to the applicant, that it is not important
O Foreigners cannot own lands in the that the status of Alienable and Disposable
Philippines. (Rivenco vs Registry of need not be since June 12, 1945. (Republic vs.
Deeds) Naguit)
Who may acquire private lands? 3.) Must be open, continuous, exclusive and
notorious under a bona fide ownership since June
1.) Filipino Citizen 12, 1945.
2.) Alien through hereditary
succession Not casual, nor merely for cultivation.
3.) Filipino Corporation June 12, 1945, not pertaining to status.
4.) Filipino who has lost citizenship
pertains to time when property 4.) Application must be filed in the proper RTC
was acquired and not during
registration. (Republic vs. Applicable only to untitled
Lipana) lands O Prescription:
Extraordinary 30 years
2.) Must have by themselves or through their Ordinary - 10 years
predecessors in interest possessed and
occupied alienable and disposable land. Sec. 15 - Form
Unclassified Lands cannot be disposed. Only Signed
Agricultural Lands Writing
Only Agricultural Lands may be Alienable. Under oath
O Only the President and other
State the description of the Land
subordinate executive departments
may declare land alienable the Courts Civil Status
do not have such power. Owners of Adjoining Lots
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Resources If land borders on a body Default does not automatically relieve the
of water applicant the burden to prove ownership
over such property.
Mailing is binding despite failure of giving O He must rely on the strength of his
personal notice since nature of proceeding is in evidence and not on the weakness of
rem the oppositor.
3. Posting
a. Within at least 14 days before the date of IV. HEARING
initial hearing. Sec. 27 PD 1529
b. Caused by the Sheriff
c. Posted in a conspicuous place on each parcel A. Involves the presentation of evidence, what to prove?
of land included in the application and on the 1. The court has jurisdiction
bulletin board of municipal building. 2. Applicant is the Owner
3. The identity of the Land
4. Land is alienable and disposable
III. OPPOSITION
Sec. 25 PD 1529 1.) How to prove jurisdictional area?
i. Publication
Any person who has interest in the property 1. Copy of NPGC
or those mentioned in the notice may be an 2. Affidavit of the Editor
oppositor. 3. Copy of OG
A private individual may not represent the 4. Affidavit of OG
government. ii. Mailing
The Solicitor General may represent the 1. Affidavit of LRA
Government in such opposition, but may iii. Posting
delegate such power to prosecutors. 1. Certification of the
Sheriff
There are two types of default
2.) How to prove ownership?
O General no opposition was filed i. Imperfect title pursuant to Sec.
by anyone 14
O Special an opposition was filed by an
aggrieved party, hence all others who do 3.) How to prove Land Identity?
not file their respective oppositions are i. Survey and Description by
declared in Special default. Bureau of Land Management
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3. Through fraud
REMEDIES 4. Petition is within one year from issuance of
the decree.
5. The property has not yet passed to an innocent
purchaser for
A. Who?
Any person including the government deprived of
their land may file petition for review. He does not need to be
an oppositor from the get-go.
B. When?
He must file the petition not later than 1 year from
the date of entry of decree of registration. This decree
pertains to that mentioned in Sec. 31 PD 1529. Fraud
1.) New Trial may be availed of before decision becomes final. must be Actual or Extrinsic fraud.
Decision becomes final after 15 days without appeal. Its purpose is
to set aside judgment. Extrinsic Fraud- any fraudulent act of the successful
The grounds for new trial are: party in a litigation which is committed outside the trial of a
a. Fraud, accident, mistake or case against the defeated party whereby said defeated party
excusable negligence. is prevented from presenting fully and fairly his side the
b. Newly discovered evidence which case.
would alter the result of the trial
c. Awards of excessive damages Intrinsic Fraud acts of a party in a litigation
during the trial such as forged instruments, or perjured
2.) Appeal must be initiated within 15 days after judgment testimony which did not affect the presentation of the case
but did prevent a fair and just determination of the case.
3.) Petition for Relief When decision is final, petition for relief may
be availed of within 60 days, not more than 6 months from 5.) Action for Reconveyance may be filed when a person is
knowledge. holding the property in trust in order to reconvey the land. In order to
transfer title to true owner. It does not however change the decree
4.) Petition for Review May be filed by parties deprived of issued as it respects the incontrovertibility of he title. May be availed
their land by adjudication of title obtained by ACTUAL fraud. of even after the lapse of one year.
Requisites:
1. Petitioner has a real and dominical right 6.) Damages May be instituted when after the lapse of one year,
2. He has been deprived thereof the property is sold to an innocent purchaser for value. Aggrieved
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party may file an action for damages against the immediate party CADASTRAL PROCEEDINGS
causing the sale.
PURPOSE:
Innocent Purchaser for value one who has no notice
Another means to bring lands under operation of Torrens
that some other person owns the land/property or any defect as to
System
the right of the person owning the property.
Ordinary registration is slow for lack of initiative on part of
landowners, innovation was conceived to hasten and
Reckoning time time when the transaction was
accelerate registration
made. Hence if such defect comes into knowledge,
Government initiates that all lands within a stated region are
the buyer has the obligation to go beyond the title,
up for registration whether or not owners are interested to
otherwise he will be in bad faith.
settle their titles
In case of Double sale the rules are:
O The one who registers first in good
NATURE OF PROCEEDINGS:
faith is the rightful owner;
O The one who first possessed the
In rem
property in good faith is the No defendant & no plaintiff
rightful owner; Compulsory
O The one who presents the oldest title
is the rightful owner. PROCEDURE:
1. CADASTRAL SURVEY
7.) Reversion An action filed by the government in the event when Conducted by the Director of Lands
part of the land awarded is actually non-registrable. 2. FILING OF PETITION
After survey and plot been made, Director represented
8.) Cancellation of Title An action filed when part of the property by Sol Gen institutes cadastral proceeding by filing
awarded is property of other persons. petition in court against holders, claimants, possessors,
occupants
9.) Action for annulment of judgment or final order Grounded Parcel of lots given their cadastral numbers
on Extrinsic Fraud. 3. PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
If remedy is used in previous actions, it shall LRA to notify public by publishing notice 1x in OG and 1x
not be availed of anymore. in newspaper of general circulation & copy mailed to
person whose address is known & other copies posted
10.) Criminal Action in the event of perjury 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 answer
5. HEARING OF CASE
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In any convenient place where land lies Sec. 48 Direct vs. Collateral Attack
Like an ordinary RTC trial
Conflicting claims are determined Direct filing an action to annul the judgment
Lots claimed are awarded to persons entitles if they Collateral Praying for a relief other than
could prove title annulment, questioning the validity is incidental
If none could prove title land is declared public domain
6. DECISION Sec. 49 Splitting of Title Administrative Proceeding, no need for
Claimants are notified of decision hearing
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE Purpose to provide for separate certificates of title to
Upon order of court, LRA to enter decree of registration several distinct parcels of land covered by only one
Decree made basis for issuance of OCT Certificate of Title
Steps:
1. Submit a written request to the Register of Deeds
2. Surrender Owners duplicate certificate
CERTIFICATE OF TITLE 3. ROD will cancel Owners duplicate certificate
and Original Certificate
Sec. 44 Statutory Liens affecting title holder shall hold the title free 4. ROD will issue several certificates of title
from all encumbrances except those noted on said certificate and
any of the following encumbrances which may be subsisting namely: Sec. 50 Subdivision and Consolidation Same as Splitting
1. Those arising under the laws and Constitution which are
not require to appear of record in order to be valid Subdivision plan may become a judicial proceeding only
2. Unpaid real estate taxes levied and assessed within 2 when 2 people do not agree to divide the land
years immediately proceeding the acquisition of any right
over the land by innocent purchaser for value without
prejudice to right of government to collect taxes payable
from that period SUBSEQUENT REGISTRATION
3. Public highway or private way established before the
registration Voluntary Upon the parties choice
4. Any disposition of the property or limitation on the use Involuntary Even against the will of the party
pursuant to Agrarian Reform
Is a contract of Sale executed abroad valid in the
Sec. 46 General Incidents of Registered Land Philippines? Yes, but it has to be authenticated first by the
Ambassador by putting a seal and signing the instrument
Does not relieve registered land from any burdens. When is it deemed registered?
1. Submission of Deed of Sale
Sec 47 Registered land not subject to prescriptions 2. Sale has been entered
3. OCT surrendered
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4. Payment of filing fees 2. To have a new title therefore, the title to the
Actual issuance of Certificate is not the date of registration, portion of the land conveyed
it retroacts to the date it is entered in the day books
Sec. 59 Conveyance is a Lien, it subsists and carried over to the new
title.
Sec. 56 Primary Book Records of all instruments including writs
and processes pertaining to Registered Land.
Sec. 60 MORTGAGE
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JUDICIAL FORECLOSURE
Steps:
1. File a complaint in the RTC where the land is situated If the property is redeemed, the
a. All who has interest on the land are included ownership retroacts to the date of
as party the actual sale
2. Filing of an Answer by those who have interest on the
land
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Both Public Land Act and Torrens 1. File a case with the Land Management Bureau
system are not binding unless 2. Upon approval, applicant will be authorized to
registered. take possession
3. Within 6 months after approval, 1/5 of the land should be
The proceeding in Homestead cultivated.
patents is administrative in nature. 4. Notice of intention of the applicant must be submitted,
This, notwithstanding, the and also the submission of Final proof of Possession of
requirement to undergo the Torrens 1 year.
system still persists. 5. Survey shall be conducted
6. Patent shall be sent after payment of the fees
PD 1529 applies when the subject
matter is aprivate land by virtue of an RESTRICTIONS:
imperfect title. (Sec. 14)
Sec. 118 of Public Land Act
Title issued pursuant to registration of O Land cannot be alienated or conveyed within
patent is indefeasible when registered, 5 years after the approval of the application
at it is deemed incorporated with for patent. (Mandatory)
Torrens system; 1 year after issuance O There shall be no valid conveyance within 5
of patent to 20 years from approval, if the conveyance
is made without the approval of the secretary
HOMESTEAD PATENT of DENR. (Directory)
EXCEPTIONS:
Aims:
1. Those conveyed under the Rural Bank Laws
Benevolent intention of government to 2. Those conveyed in favor of the Government
distribute disposable agricultural land to
destitute citizens for their home and
cultivation
As a matter of public policy, may be RIGHT OF REPURCHASE
repurchased even if after 5 years
provided not for profit The Land belongs to the Patentee, if the same dies, it
shall be transferred to his heirs.
Right of repurchase not allowed if sold Right of Repurchase may be availed of within 5 years
within family & not for cultivating or from the execution of the deed of conveyance
living but for speculation purpose Mortgage:
Procedure: O If it is extra-judicial foreclosure, Redeem within 1
year from approval of the sale
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O If it is judicial foreclosure, Redeem within 1 year RA 6657 or the Comprehensive Agrarian Reform Law was enacted
from confirmation of the sale. amending P.D. 27
O Hence under the Patent Law, the right of
redemption sums up to 6 years. Covers lands regardless of kinds of crops
Redemption of Land owner
CONSULTA O Retention shall be 5 hectares
O Plus 3 hectares for each child, provided:
A form of administrative Appeal The child is more than 15 years old
Pertains to removal of submitted documents The child must have actually tilled
Happens when ROD is not sure what to do with the or managed the land
issue The option to choose or retain or determine which land
Remedy is to raise the issue to LRA for referral as to the to occupy belongs to the land owner, which shall be
proper measure to be taken exercised within 6 months from the grant otherwise,
Pursuant to Sec 17, if ROD denies the application, he BARO determines
must put in writing. And within 5 days may appeal to If the landowner shall take the land and the land
Consulta. is tenanted, the options of the tenant are:
1. The right to Remain and establish a leasehold
Agreement, as a result losing his right as
AGRARIAN REFORM LAW beneficiary.
2. Disregard the action hence becoming a
beneficiary
P.D. 27 Agrarian Reform Law
Covers all lands planted with Rice and Corn
If land owner had already acquired 7 hectares from PD
27, will it diminish the right to get the 5 hectares from RA
Emancipation Patent 6657? No, the law expressly so provides. Hence the law
recognizes that the land holdings of a homesteader may
O Gives retention area for land owners which shall
amount to 12 hectares.
be 7 hectares.
Once a person has complied with the requirements,
O Transfers ownership to tenants, provided they
he will be issued a CLOA or a Certificate of Land
pay:
For the first 3 year-average of Ownership award.
O CLOA is equivalent to Emancipation Patent,
harvest, modify by 2.5
which must be registered in the ROD. After
Ensure that the landowner will not be
which, a TCT will be issued.
deprived of compensation
O Such process puts the land under the Torrens
system because of the issuance of the certificate
Sec. 104 Emancipation Patent
of title. Consequently, holder may enjoy the
privileges granted by the Torrens title.
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CERTIFICATE OF TITLE
Sec. 109-110
Certificate of Title
An evidence of ownership
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