57444112 land titles and deeds final

8/12/2019 57444112 Land Titles and Deeds Final

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LAND TITLES & DEEDS

LAND REGISTRATION

Purposes:1. To quiet title

To provide a means of publication

Ways of Registering Title1. Judicial

filing of petition with the court

decreeOCT2. dministrative

filing of petition with the !"#$ or the!irector of %ands

patentOCT

2 Kinds of Registration Proceedings1. Original & securing of title for thefirst time 'OCT(

2. )ubsequent & registration afterthe original registration 'OCT TCT(

Kinds of Original Registration1. Ordinar*

voluntar* registration

+inds:a. ,nder P.!. #o. 1-2b. ,nder )ec. /0'b( of C #o.

1/1 as amended2. Cadastral

compulsor* registration initiated b*the government.

involuntar* registration

Original Registration Proceeding

proceeding brought before the $egional TrialCourt 'land registration court( to determine titleor ownership of land on the basis of anapplication for registration or answer b* aclaimant in a cadastral registration.

Systes of Registration1. $egistered lands under the Torrens

s*stem

2. ,nregistered lands under ct #o. //and P.!. #o. 1-2

TORRENS S!STE"

a s*stem for registration of land under whichupon the landowner3s application the court ma*after appropriate proceedings direct theissuance of a certificate of title.

Purposes:

1. To avoid possible conflicts of title in and to

real propert*4 and2. To facilitate transactions relative thereto b*

giving the public the right to rel* upon the

should impl* a reasonabl* cautious man toma6e such further inquir*.

TORRENS TITLEcertificate of ownership issued under the

Torrens s*stem of registration b* thegovernment through the $egister of !eedsnaming and declaring the owner in fee simple ofthe real propert* described therein free from allliens and encumbrances e5cept such as ma* bee5pressl* noted thereon or otherwise reservedb* law.

it is conclusive against the whole worldincluding the government and to a holderthereof in good faith it is guaranteed to beindefeasible unassailable and imprescriptible.

Probative 7alue: Torrens Title ma* bereceived in evidence in all courts of thePhilippines and shall be conclusive as to allmatters contained therein principall* the identit*of the owner of the covered land thereb* e5ceptso far as provided in the %and $egistration ct.

Adinistration of t#e Torrens Syste1. %and $egistration uthorit* '%$( & agenc* ofthe government charged with the efficiente5ecution of laws relative to the registration oflands.2. $egister of !eeds '$!( & the public repositor*of records of instruments affecting registered orunregistered lands and chattel mortgages in theprovince or cit* wherein such office is located.

The function of the $egister of !eedswith reference to the registration ofdeeds encumbrances instruments andthe li6e is ministerial in nature '8arandavs. 9ustilo 1- )C$ ;-;(

Instances $#en RD ay deny registration%1.


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4. Private grant or voluntar* transfer

5. Adverse possession or prescription

6. Accretion

7. Involuntar* alienation ".g. eminent domainAe5propriation

8. Descent or devise

Registra+le Lands%1. Public agricultural lands2. Private lands

Non,registra+le lands%1. Those found in Civil Codeprovisions dealing with non@registrableproperties 'e.g. propert* of publicdomain(2. )pecific 6inds of non@registrableproperties or lands:

a. Borest or timberland publicforest forest reserve

b. Dangrove swampsc. Dineral landsd. Boreshore land seashoree. #avigable rivers streams

cree6sf. %a6esg. Dilitar* $eservationsh.


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/. 8ureau of Borest !evelopment %andClassification Dap

-. Certification b* !irector of Borestr*

. >nvestigation reports of 8ureau of%ands;. %egislative act or statute

8. Proof of identit* of land1. )urve* plan in general2. Tracing cloth plan and blue print

copies of plan. Technical description of the land/. Ta5 declarations-. 8oundaries and area

Original S1rey of t#e land

must be approved b* the !irector of %ands'iling of A33lication1. $TC

original ?urisdiction

converted into a land registration court2. DTC

principle of delegated ?urisdiction

cases filed with the $TC ma* be endorsed tothe DTC for hearing and trial provided that:

a( The amount involved does not e5ceedP1FFFFF.FF

b( There is must be no controvers*

Persons W#o "ay A33ly for Registration%')ec. 1/ P! #o. 1-2(1. Those who b* themselves or through their

predecessors@in@interest have been in opencontinuous e5clusive and notoriouspossession and occupation of alienable anddisposable lands of the public domain undera bona fide claim of ownership since June12 1/- or earlier4

2. Those who have acquired ownership ofprivate lands b* prescription under theprovisions of e5isting laws4

. Those who have acquired ownership ofprivate lands or abandoned river beds b*

right of accession or accretion4 and/. Those who have acquired ownership of land

in an* other manner provided for b* law.

P1+lication4 "ailing4 and PostingRe51ireents 6P"P7

mandator* and ?urisdictional requirements

1. P1+lication

Official 9a=ette and newspaper of generalcirculation

Purposes:1. To confer ?urisdiction over the land

applied for upon the court2. To charge the whole world with

6nowledge of the application of the land

dministrator of %and $egistration uthorit*shall cause a cop* of the notice shall cause acop* of the notice of initial hearing of the

application to the mailed to the following:a. "ver* person named in the noticewhose address is 6nown

b. )ecretar* of !P


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enable him to substantiate and prove title to hisestate.

01dgent the court has 2 duties:

1. $ender ?udgment declarethe same final and cause the decision3sentr*4 and2. Order the %$ to issuedecree of registration.

The court decision is reduced into acompact statement.

The court ma* reverse its decision even afterthe %$ has alread* issued the decree ofregistration provided that such decree has stillnot been entered in the %$ records.

!uties of the %$:1. >ssue a decree ofregistration42. "nter the decree in itsrecords4. )end cop* of the decree tothe $egister of !eeds.

The $! issues the certificate of title.

DE(REE O' REGISTRATION

issued b* the %$

Contents:1. date hour minute of entr*

2. signature of the %$ dministrator. whether the owner is married orunmarried and if married the name ofthe husband or wife

(ERTI'I(ATE O' TITLE

issued b* the $!

true cop* of the decree of registration

Probative value: best evidence of ownershipof registered land

ttributes and %imitations:

GENERAL RULE: "ver* registered ownerreceiving a certificate of title in pursuance of

registration and ever* subsequent purchaserta6ing a certificate for value and in good faithshall hold the same free from all encumbrances.

EXCEPTIONS:1. Those noted on the certificate2. %iens claims or rights arising or e5isting

under the laws and the Constitution notrequired to appear of record in the$egister of !eeds to be valid

. ,npaid real estate ta5es levied andassessed within 2 *ears immediatel*preceding the acquisition of the rightover the land b* an innocent purchaserfor value

/. n* public highwa* or private wa*established or recogni=ed b* law or an*government irrigation canal or lateral

P.!. 2; or an* other law or regulationson agrarian reform

Indefeasi+ility of (ertificate of TitleGENERAL RULE:,pon e5piration of 1 *earfrom and after the entr* of the decree ofregistration in the %$ the certificate of titlebecomes incontrovertible and indefeasible.

EXCEPTIONS:1. >f previous valid title of the same land

e5ists2. ssuance of !ecree and Certificate of Title

P9D9 No9 -:2; (ADASTRAL

1. Nature of Registration

7oluntar* Compulsor*

2. Applicant

%andowner !irector of %ands

3. Lands Covered

,suall* involvesprivate land4 it ma*also refer to publicagricultural lands if theob?ect of the action isconfirmation of animperfect title

all classes of lands areincluded

4. Parties

pplicant andopponent

landowners must cometo court as claimants oftheir own lands

5. Purpose

petitioner comes to

court to confirm histitle and see6s theregistration of the landin his name

government as6s the

court to settle andad?udicate the title ofthe land


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#o adverse claim4 ifthe applicant fails toprove his title his

application ma* bedismissed withoutpre?udice 'no res

?udicata(

if none of theapplicants can provethat he is entitled to the

land the same shall bedeclared public 'res?udicata(

Ot#er "atters Wit#in t#e 01risdiction of(adastral (o1rts%

1. To declare the propert* sub?ectof the proceeding public land if there are nosuccessful claimants2. To order the correction of thetechnical description of the land. To resolve the priorit* of

overlapping titles/. To ad?udicate lands alread*covered b* certificate of title where theree5ists serious controvers* as to thecertificate3s authenticit* vis@I@vis the landcovered therein

RE"EDIES O' AGGRIE


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Dealings $it# registered lands%-9


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57444112 land titles and deeds final

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