Land Titles And Deeds1.Ownership of Lands by Corporations

May a corporation own lands?It depends.1. Corporation sole can acquire by purchase a parcel of private agricultural land without violating the constitutional prohibition since it has no nationality.2. Corporation a. Private Lands i. At least 60% Filipino (Sec. 7, Art. XII, 1987 Constitution) ii. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created iii. If engaged in agriculture, it is restricted to 1,024 hectares. b. Patrimonial property of the State (Sec. 3, Art. XII, 1987 Constitution) i. Lease (cannot own land of the public domain) for 25 years renewable for another 25 years ii. Limited to 1,000 hectares iii. Applies to both Filipinos and foreign corporations.May a corporation apply for registration of a parcel of landYes, through lease not exceeding 1,000 hectares. Such lease shall not exceed twenty five (25) years and renewable for not more than twenty five (25) years. (Sec. 3, Art. XII, 1987 Constitution)Note: Determinative of this issue is the character of the parcels of land whether they were still public or already private when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply.

2. PRESCRIPTION OF QUIETING OF TITLE Category:Land Titles And DeedsWhat are the requisites for an action to quiet title?1. Plaintiff must have a Legal or equitable title to, or interest in the real property which is the subject matter of the action;2. There must be Cloud in such title;3. Such cloud must be Due to some a. Instrument; b. Record; c. Claim; d. Encumbrance; or e. proceeding which is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiffs title; and4. Plaintiff must a. Return to the defendant all benefits he may have received from the latter; or b. reimburse him for expenses that may have redounded to his benefit.What are the requisites for existence of a cloud?1. There is an Apparently valid or effective instrument.2. But such instrument is in Truth: a. Invalid; b. ineffective; c. voidable; d. unenforceable; e. has been extinguished or terminated; f. has been barred by extinctive prescription.3. Such instrument may be Prejudicial to the title.

What are the prescriptive periods for bringing an action to quiet title?1. Plaintiff in possession imprescriptible2. Plaintiff not in possession 10 years (ordinary) or 30 years (extra-ordinary)Note:Laches is defined as the failure or neglect, for unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. The negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.(Tijam v Sibonghanoy, L-21450, Apr. 15, 1968)Is an action to quiet title imprescriptible?Yes. Even though the Civil Code does not include an action to quiet title as one of those actions which are imprescriptible, the SC in this case held that such action is imprescriptible. The basis of the court is Art. 480. The imprescriptibility of an action to quiet title is a general principle from American jurisprudence.(Bucton v. Gabar, G.R. No. L-36359, Jan.31, 1974)

3. DUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY Category:Land Titles And DeedsDUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY> Applies to an owner or developer of a subdivision without access to a public highway> A municipal ordinance declaring a subdivision road open to public used by public authorities when deemed necessary simply allows person other than the residents of the subdivision to use the road when they are inside the subdivision but doesnt give outsiders a right to open subdivision walls so they can enter the subdivision from any point> The closure of a dead end is part of ones proprietary rights

4. DUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT Category:Land Titles And DeedsDUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT

> Upon full payment of the purchase price, the seller is duty-bound to deliver the title of the unit to the buyer

> Even with a valid mortgage over the lot, the seller is still bound to redeem said mortgage without any cost to the buyer apart from the balance of the purchase price and registration fees

> Section 25 imposes an obligation on the part of the owner or developer in the event the mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, to redeem the mortgage and corresponding portion thereof within 6 months from such issuance

> The 6-month period will run from the full payment of the agreed price

5. Time of Completion of Subdivision or Condominium Plans Category:Land Titles And DeedsTime of Completion of Subdivision or Condominium PlansTime of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority.

CONSEQUENCE OF DELAY

> Petitioner may be held liable for damages

EXTENSION OF TIME FOR COMPLETION

> A request for extension of time to complete development of condominium or subdivision project may be granted only in cases where non-completion of the project is caused by fortuitous events, legal orders or force majeure and with the written notice to lot or unit buyers without prejudice to the exercise of theirrights pursuant to Section 23 of this Decree> The request for extension of time for completion shall be accompanied by a revised and financing scheme thereof

6. LIABILITY OF OWNER FOR BREACH OF WARRANTIES- CONDOMINIUM UNIT BROCHURES Category:Land Titles And DeedsLIABILITY OF OWNER FOR BREACH OF WARRANTIES- CONDOMINIUM UNIT BROCHURES

> Where the brochure that was disseminated indicated features that would be provided each condominium unit, this forms part of the warranties of the petitioner as subdivision owner

> Hence, when the respondent relied on the brochure in its decision to purchase a unit, and the petitioner failed to deliver certain items stated therein, then there was a clear violation of its warranties and representations

7. MORTGAGE OF CONDOMINIUM WITHOUT KNOWLEDGE OF BUYER IS AN UNSOUND BUSINESS PRACTICE Category:Land Titles And DeedsMORTGAGE OF CONDOMINIUM WITHOUT KNOWLEDGE OF BUYER IS AN UNSOUND BUSINESS PRACTICE

> The buyer has a cause of action for annulment of the mortgage, the mortgage foreclosure sale, and the condominium certificate of title that was issued to highest bidder

8. REGISTRATION OF SALE OF SUBDIVISION LOTS AND CONDOMINIUM UNITS Category:Land Titles And DeedsREGISTRATION OF SALE OF SUBDIVISION LOTS AND CONDOMINIUM UNITS

> Sales or conveyances of subdivision lots and condominium units shall be registered from the execution thereof by the seller with the Register of Deeds of the province or city where the property is situated

> Except as otherwise provided for by law, the Housing and Land Use Regulatory Board may in appropriate cases cause the RD to cancel the registration, entries or annotations on titles made in this regard

9. The period within which to appeal the decision of the Board of Commissioners of the HLURBCategory:Land Titles And DeedsPERIOD TO APPEAL IS 15 DAYS

> The period within which to appeal the decision of the Board of Commissioners of the Housing and Land Use Regulatory Board to the Office of the President is 15 days from the receipt of the assailed decision, pursuant to Section 15 of Presidential Decree 957

> The 30-day period mentioned in the Rules of Procedure of the HLURB is not applicable because special laws providing for a remedy of appeal to the Office of the President must prevail over the Housing and Land Use Regulatory Board Rules of Procedure

10. TRANSFER OF OWNERSHIP OR CHANGE OF NAME OF A SUBDIVISION OR CONDOMINIUM Category:Land Titles And DeedsTRANSFER OF OWNERSHIP OR CHANGE OF NAME OF A SUBDIVISION OR CONDOMINIUM

> A request for transfer of ownership and/or change of name may be granted only if there is a deed of absolute sale over the subdivision or condominium project sought to be transferred and/or the name thereof changed with an undertaking on the part of the transferee to assume full responsibility for the completion of the development thereof

> Such request shall be published at the applicants expense in a newspaper of general circulation within the city or municipality where the project at least one a week for two consecutive weeks

11. JURISDICTION OF THE NATIONAL HOUSING AUTHORITY, Housing and Land Use Regulatory Board Category:Land Titles And DeedsJURISDICTION OF THE NATIONAL HOUSING AUTHORITY

> The scope of the regulatory authority of the National Housing Authority is indicated in the second and third paragraph of the preamble

o WHEREAS, subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers;

o WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent sales of the same subdivision lots to different innocent purchasers for value;

> Presidential Decree 1344 was passed providing

o The National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature:

> Unsound real estate businesses

> Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and

> Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman.

o The decision of the National Housing Authority shall become final and executory 15 days from the date of its receipt. It is appealable only to the President of the Philippines and in the event the appeal is filed and the decision isnt reversed and/or amended within 30 days, the decision is deemed affirmed. Proof of the appeal of the decision must be furnished the National Housing Authority.

> On the issue of affirmance-by-inaction failure on the part of the President to act upon an appeal doesnt necessarily mean that the appealed decision automatically becomes final and executory. Access to the courts of law may still be made as mentioned above. Therefore, such decision is far from being final and executory.

FUNCTIONS OF THE National Housing Authority NOW TRANSFERRED TO THE Housing and Land Use Regulatory Board

> The regulatory functions of the NHA are now transferred to the HLURB such as jurisdiction over unsound real estate businesses and claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman

> The functions of the Human Settlements Regulatory Commission sole regulatory body for housing and land developmentare transferred also to the HLURB

SPECIFIC FUNCTIONS OF THE Housing and Land Use Regulatory Board

1. Unsound real estate businesses

2. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and

3. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman.

WRIT OF EXECUTION

> As soon as the decision of the Housing and Land Use Regulatory Board becomes final, it shall, on motion of the interested party, issue a writ of execution enforceable in accordance with the provisions of the Rules of Court

> Upon the failure of the Housing and Land Use Regulatory Board to act on the motion, a petition for mandamus may be filed to compel it to perform its purely ministerial duty by enforcing its final and executory decision

COURT HAS JURISDICTION WHEN ISSUE INVOLVES OWNERSHIP OF PROPERTY

ORDINARY COURTS DONT HAVE JURISDICTION OVER COLLECTION OF UNPAID INSTALLMENTS

SUMMARY OF CASES OR INCIDENTS WHERE Housing and Land Use Regulatory Board HAS JURISDICTION (FAJARDO V. BAUTISTA)

1. For a determination of the rights of the parties under a contract to sell a subdivision lot

2. For the delivery of title against the subdivision owner3. For the refund of reservation fees for the purchase of subdivision lot

4. For specific performance filed by the lot buyer against the seller of a subdivision lot5. For the annulment of the mortgage constituted by the project owner without the buyers consent, the mortgage foreclosure sale, and the condominium certificate of title issued to the highest bidder at the said foreclosure sale6. For the collection of the balance of the unpaid purchase price of a subdivision lot filed by the developer of a subdivision against the lot buyer

7. For incidental claims for damages

12. WHEN A PERSON AUTOMATICALLY CEASES AS A STOCKHOLDER IN A CONDOMINIUM CORPORATION Category:Land Titles And DeedsWHEN A PERSON AUTOMATICALLY CEASES AS A STOCKHOLDER IN A CONDOMINIUM CORPORATION

> Section 10membership in a condominium corporation regardless of whether it is stock or non-stock corporation, shall not be transferable separately from the condominium unit of which it is an appurtenance. When a member or a stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common area, he shall automatically cease to be a member or stockholder of the condominium corporation.13. THE OWNER OF A UNIT IS CONSIDERED A SHAREHOLDER IN THE CONDOMINIUM CORPORATION Category:Land Titles And DeedsTHE OWNER OF A UNIT IS CONSIDERED A SHAREHOLDER IN THE CONDOMINIUM CORPORATION

> Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or conveyance of the undivided interest in the common areas or in a proper case, the membership or share holdings in the condominium corporation

> Not every purchaser of a condominium unit is a shareholder of the condominium corporation. The Condominium Act leaves it to the master deed the determination of when the shareholding will be transferred to the purchaser of a unit

> The provisions of this Act shall apply to property divided or to be divided into condominium only if there shall be recorded in the Register of Deeds of the province or city in which the property lies, and duly annotated in the corresponding certificate of title of the land, xxx an enabling or master deed which shall contain, among others, the following: xxx A statement of the exact nature of the interest acquired or to be acquired by the purchased in the separate units and the common areas of the condominium projects. Where title to or to appurtenant interests in the common areas is to be held by a condominium corporation, a statement to this effect shall be included

> Inasmuch as ownership is conveyed only upon full payment of the purchase price, it necessarily follows that a purchaser of a unit who hasnt paid the full purchase price is not the owner of the unit and consequently is not a shareholder of the Condominium Corporation

14. Petitions Involving Certificate Of Title Category:Land Titles And DeedsPetitions Involving Certificate Of Title1. There are 4 petitionspetition for surrender of title, petition for correction, amendments, or alterations in the certificate of title, petition for the issuance of new owners duplicate of title, petition for reconstitution

2. Petition for the surrender of the owners duplicate of titlethe law speaks of two instances. The first one involves involuntary transactions and the other one, voluntary transactions. In both instances the procedure is to file a petition in the Regional Trial Court for the owner to surrender the owners duplicate of title.

3. If the owners duplicate of title is lost, the law requires that notice under oath be given to the RD. There should be a verified affidavit that will serve as notice to the RD that the particular owners duplicate is lost. This will prevent any transaction that may arise from the loss of the owners duplicate. This particular petition would prosper and the corresponding duplicate issued will be valid if the owners duplicate is really lost. When the owners duplicate is still existing upon filing of petition, the court doesnt acquire jurisdiction and the proceedings are null and void. The title is null and void and thus, can be attacked collaterally.

4. Petition for reconstitution is filed when the certificate of title has been lost or destroyed. This pertains to original and transfer certificates of title as well as encumbrances and liens. Purpose is to bring back to its original form and state. No addition nor reductions. If it is found out that the certificate is not lost ordestroyed, court doesnt attack jurisdiction and proceedings are null and void.

5. There are two kinds of restitutionjudicial and administrative. Judicial is when you file a petition in court. Administrative is when you file the petition with the RD. It is easier with the Register of Deeds as you have to file it with the reconstituting officer of the Register of Deeds only.6. The court in entertaining petitions for reconstitution should be careful and cautious. Section 12 and 13 are mandatory requirements. Section 12 refers to the contents requirement as 13 refers to the publication requirements.

7. The reconstitution proceedings are proceedings in rem.

8. Section 2 and 3 of RA 26 will tell the different documents or evidence that you can submit for a petition for reconstitution can prosper. Sources found in the law are in a hierarchy of preference. First and foremost in this list, may it be for the original or transfer certificates of title is the owners duplicate of title.

9. The phrase Any other document will pertain to documents similar to those previously enumerated. An example is a case pertaining to an action for the recovery of possession. The court decision contained the technical description of the land and whatnot as would pertain to any other document that warrantsreconstitution.

10. Administrative reconstitution is warranted in cases where the number of certificates lost is not less than 500 and the cause of the loss or destruction is by fire, flood or any other force majeure. If you pass these requirements, then administrative reconstitution is allowed. If you are not satisfied, you can go to the LRA within 15 days from the receipt of the decision. If not the LRA, file a petition for review with the proper court or specifically, the RTC. This can be done within 60 days from knowledge of decision but not later than 6 months from promulgation of decision.

11. The reconstituted title should be in the form and condition as the original lost title.

12. All these petitions and motions should be filed with the same registration case. This is specifically provided for in Section 108. You will use the same case number wherein the title was issued.

15. DUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT PRESENTED FOR REGISTRATION IS MINISTERIAL Category:Land Titles And DeedsDUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT PRESENTED FOR REGISTRATION IS MINISTERIAL

MATTERS SHOULD BE LEFT TO THE COURTS FOR DETERMINATION

> The powers of the RD are generally regarded as ministerial only and said officer has no power to pass upon the legality of an order issued by a court of justice

> Whether the document presented for registration is invalid, frivolous or intended to harass, is not the duty of the RD to decide but a court of competent jurisdiction

> The question of whether or not a conveyance was made to defraud creditors of the transferor should better be left for determination of the proper court

REFERENCE OF DOUBTFUL QUESTIONS TO THE LRA VIA CONSULTA

APPEAL TO THE COURT OF APPEALS IS THE PROPER REMEDY AVAILABLE TO A PARTY WHO DOESNT AGREE WITH THE ACTION TAKEN BY THE LRA ADMINISTRATOR

> This is specially governed by Rule 43 of the Rules of Court, which provides for decisions, orders, resolutions of any quasi-judicial agency, ilke the LRA, in the exercise of its quasi-judicial functions

> The appeal shall be taken within 15 days from notice of the decision, order of resolution

> If no appeal is filed within said period, the decision, order or resolution shall become final and may be executed as provided by existing law.

16. REGISTRATION OF INSTRUMENTS DEALING WITH UNREGISTERED LAND Category:Land Titles And DeedsREGISTRATION OF INSTRUMENTS DEALING WITH UNREGISTERED LAND

> All instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 until the land shall have been brought under the operation of the Torrens system

RECORDING OF MINISTERIAL OFFICERS

> Opening paragraph in substance declares that no instrument or deed affecting rights to real property not registered under the Torrens system shall be valid except as between the persons thereto, until such instrument or deed shall have been registered in the manner prescribed therein

> This provision cannot be interpreted to include conveyances made by ministerial officers, such as sheriffs deeds

> It contemplates only instruments as may be created through agreement between parties

RECORDING SHALL BE WITHOUT PREJUDICE TO A THIRD PERSON WITH BETTER RIGHT RECORDING OF RD MINISTERIAL

> Register of Deeds doesnt exercise a judicial or quasi-judicial power in the registration of sheriffs deeds or certificates of sale

> If the Register of Deeds refuses to register the instrument, he shall advise the party in interest in writing of the grounds for his refusal, and the latter may elevate the matter to the Administrator en consulta

HOW RECORDING IS EFFECTED

> The Register of Deeds shall keep a primary entry book and a registration book

> The primary entry book shall contain an entry number, names of parties, nature of the document, and the date, hour and minute it was presented

> The recording shall be effected by annotating on the registration book after the same shall have been entered in the primary entry book

> After recording, the Register of Deeds shall endorse on the original of the instrument the file number and the date as well as the hour and minute when the instrument is received, returning to the registrant the duplicate of the instrument with a certification that he has recorded the same

17. Land Registration Circular No. 35 Category:Land Titles And DeedsLand Registration Circular No. 35COMPLIANCE WITH JURISDICTIONAL REQUIREMENTS IS MANDATORY

> The court doesnt acquire jurisdiction to hear the petition> It is not enough that there is publication in the Official Gazette only for there is a posting requirement also. Failure to comply will nullify the proceedings.

RECONSTITUTION IMPROPER WHERE IS NO TITLE TO BE RECONSTITUTED, OR WHERE THE ORIGINAL CERTIFICATE OF TITLE IN FACT EXISTS

> Sections 18 and 19 of Republic Act 26

ACTION OF THE COURT; RECONSTITUTION; WHEN MANDATORY

> If the court, after hearing, finds that the documents presented, as supported by parole evidence or otherwise, are sufficient, and proper to warrant the reconstitution of the lost or destroyed certificate of title, xxx an order for reconstitution shall be issued

> The clerk of court shall forward the order to the RD and all documents which, pursuant to said order, are to be used as basis of the reconstitution

> If the court finds that there is no sufficient evidence or basis to justify the reconstitution, the petition will be dismissed without prejudice to the right of the parties entitled thereto to file an application for confirmation of title

> Sections 15-17 of RA26

THE REGISTER OF DEEDS IS NOT A PROPER PARTY TO FILE THE PETITIONWRIT OF POSSESSION NOT PROPER IN A RECONSTITUTION PROCEEDINGCOURTS ARE CAUTIONED IN GRANTING PETITIONS FOR RECONSTITUTIONADMINISTRATIVE RECONSTITUTION

> Can only be availed of in case of substantial loss or destruction of land titles due to flood, fire or other force majeure as determined by the Administrator

> Provided that the titles lost or damages should at least be 10% of the total number in the possession of the office of the RD

> That in no case that the number of certificates of titles lost or damaged be less than 500

> Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds of the place where the land is situated and to the Administrator of the Land Registration Authority

> No judgment ordering the reconstitution shall be final until the lapse of 15 days from receipt by the RD and by the Administrator of the LRA of the notice of order or judgment without any appeal having been filed by any such officials

DUTY OF LAND REGISTRATION AUTHORITY TO PREPARE INVENTORY SOURCES OF RECONSTITUTION; CONTENTS OF PETITION

> Same sources as those enumerated in Republic Act 26> Accompanied by an affidavit stating, among other thingso That no deed or other instrument affecting the property had been presented for registration, or if there be any, the names thereof, the date of its presentation, as well as the names of the parties, whether the registration of said deed or instrument is still pending accomplishmento That the owners duplicate is not the subject of litigation or investigation, administrative or judicial, regarding the genuineness or due execution and issuanceo That the owners duplicate certificate or co-owners duplicate is in due form without any apparent intentional alterations or erasureso That the certificate was in full force and effect at the time it was lost or destroyedo That the certificate was covered by a tax declaration regularly issued by the Assessors officeo That real estate taxes have been fully paid up to at least 2 years prior to the filing of the petition for reconstitution

ACTION ON THE PETITION> All reconstituted titles shall be reproduced by the LRA in at least 3 image copies or in whatever means by which the original can be reproduced, one copy to be kept by the LRA, the second copy to be kept by the National Library Archives Division, and the third copy to be secured in a government fire-proof vault, preferably in the Security Printing Plant of the Central Bank

> Such image copy of the original copy of the reconstituted title shall be considered after due authentication by the LRA, through the RD in the province or city where the land is located

> After reconstitution, said owners duplicate or co-owners duplicate exhibited as basis for the reconstitution shall be surrendered to the RD and a new certificate of title issued in lieu thereof, the original of which shall be kept by the RD and the owners duplicate delivered to the registered owner.

FUNCTION OF THE Land Registration Authority TO REVIEW AND ADJUDICATE> LRA has jurisdiction to act on petitions for administrative reconstitution

> It has the power to review, revise, reverse, modify or affirm on appeal the decision of the reconstituting officer

> Function is adjudicatory in natureit can properly deliberate on the validity of the titles subject of the reconstitution

REMEDY OF AGGRIEVED PARTY> A reconstituted title obtained by means of fraud, deceit or other machination is void ab initio as against the party obtaining the same and all persons having knowledge thereof> There are two remedies availableo PETITION FOR REVIEW on the ground of fraud, accident, mistake, or excusable negligence filed with the proper courto APPEAL FROM THE ORDER OF RECONSTITUTION to the LRA administrator

18. JUDICIAL RECONSTITUTION UNDER REPUBLIC ACT 26 Category:Land Titles And DeedsJUDICIAL RECONSTITUTION UNDER REPUBLIC ACT 26

> Republic Act 26: An Act Providing a Special Procedure For The Reconstitution of Torrens Certificate of Titles Lost or Destroyed

> Reconstitution of title is an action in rem

> A judicially reconstituted title has the same validity and legal effect as the original thereof, and isnt subject to the reservation that it shall be without prejudice to any party whose right or interest in the property was duly noted in the original at the time of loss or destruction but which entry or notation hasnt beenmade on the reconstituted title

> The limitation that reconstitution of title should be limited to the certificate as it stood at the time of its loss or destruction has reference only to changes which alter or affect title of the registered owner and not to mere liens and other encumbrances

RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN ITS ORIGINAL FORM AND CONDITION> Purpose is to have it reproduced, after observing the procedure prescribed by law in the same form they where when the loss or destruction occurred

> The fact that the title to the land was lost doesnt mean that the lot ceased to be a registered land before the reconstitution of its title

> As the subject land didnt cease to be titled, it cannot be acquired by acquisitive prescription

> Reconstitution is proper only when it is satisfactorily shown that the title sought to be reconstituted is lost or no longer available

> Where the petition for reconstitution wasnt to restore a lost registered certificate of title but to re-register and issue a new certificate in the names of petitioner and her deceased husband, in lieu of one originally registered in the names of other persons, the petition should be denied without prejudice to the right of theparties to take the necessary action under Section 51 and 53 of PD1529

> Republic Act 26 provides for special procedure for the reconstitution of torrens certificate of title that are missing and not fictitious titles which are existing. Where a certificate of title over a parcel of land was reconstituted judicially and later it was found that there existed a previous certificate of title covering the same land in the name of another person, the court ruled that the existence of the prior title ipso facto nullified the reconstitution proceedings

SOURCES OF RECONSTITUTION ORIGINAL CERTIFICATES OF TITLE

1. The owners duplicate certificate of title2. The co-owners, mortgagees, or lessees duplicate certificate of title3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian thereof4. An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued5. A document, on file with the RD, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original has been registered6. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the lost or destroyed certificate of title

FOR TRANSFER CERTIFICATE OF TITLE

1. The owners duplicate certificate of title2. The co-owners, mortgagees, or lessees duplicate certificate of title3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian thereof4. The deed of transfer or other document, on file in the RD, containing a description of the property, or an authenticated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued5. A document, on file with the RD, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original has been registered6. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the lost or destroyed certificate of title

FOR LIENS AND ENCUMBRANCES

1. Annotations or memoranda appearing on the owners co-owners mortgagees or lessees duplicate2. Registered documents on file in the RD, or authenticated copies thereof showing that the originals thereof had been registered3. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the liens or encumbrances affecting the property covered by the lost or destroyed certificate of title

MEANING OF ANY OTHER DOCUMENT

> As per LRC circular #35, the signed duplicate copy of the petition to be forwarded to this Commission shall be accompanied by the following:o A duly prepared plan of said parcel of land in tracing cloth, with 2 print copies thereof, prepared by the government agency which issued the certified technicaldescription, or by a duly licensed Geodetic Engineer who shall certify thereon that he prepared the same on the basis of a duly certified technical description. Where the plan as submitted is certified by the government agency which issued the same, it is sufficient that the technical description be prepared by a duly licensed Geodetic Engineer on the basis of said certified plan.o The original, 2 duplicate copies, and a Xerox copy of the original of the technical description of the parcel of land covered by the certificate of title, duly certified by the authorized officer of the Bureau of Lands or the LRC who issued the technical descriptiono A signed copy of the certification of the RD concerned that the original of the certificate on title on file with the RD was either lost or destroyed, indicating the name of the registered owner, if known from the other records in file in said office.

WHERE TO FILE PETITION; CONTENTS

> Shall be filed by the registered owner, his assigns, or any person having interest in the property with the proper RTC where the same is based on sources enumerated earlier

> Contents shall be as followed1. That the owners duplicate had been lost or destroyed2. That no co-owners, mortgagees, lessees, duplicate had been issued or, if any had been issued, the same had been lost or destroyed3. The location, area and boundaries of the property4. The nature and description of the buildings or improvements, if any, which dont belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements5. The names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and all persons who may have any interest in the property6. A detailed description of the encumbrances if any, affecting the property7. A statement that no deeds or other instruments affecting the property have been presented for registration, or if there be any, the registration thereof hasnt been accomplished, as yet

REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING AND MAILING

1. To be published twice, at the expense of the petitioner, in successive issues of the Official Gazette2. To be posted on the main entrance of the provincial building and of the municipal building of the municipality or city in which the land is situated3. Copy of the notice to be sent by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, within 30 days prior the date of hearing

> The jurisdiction of the court is hedged in the forewalls of the petition and the published notice of hearing which define the subject matter of the petition.

19. SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE Category:Land Titles And DeedsSECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE

> Section 109 is the applicable law in petitions for the issuance of new owners duplicate certificate which are lost or stolen or destroyed

> RA 26 applies only in cases of reconstitution of lost or destroyed original certificates of title on file with the RD

> The requirements for the replacement of a lost duplicate certificate are:

1. The registered owner or other person in interest shall send notice of the loss or destruction of the owners duplicate certificate of title to the RD of the province or city where the land lies as soon as the loss or destruction is discovered

2. The corresponding petition for the replacement of the loss or destroyed owners duplicate certificate shall then be filed in court and entitled in the original case in which the decree of registration was entered

3. The petition shall state under oath the facts and circumstances surrounding such loss or destruction

4. The court may set the petition for hearing, after due notice to the RD and other interested parties as shown in the memorandum of encumbrances noted in the Original Certificate of Title or Transfer Certificate of Title on file in the office of the Register of Deeds

5. After due notice and hearing, the court may direct the issuance of a new duplicate certificate which shall contain a memorandum of the fact that it is issued in place of the lost or destroyed certificate and shall in all respects be entitled to the same faith and credit as the original duplicate

PETITION, WHERE FILED

> A petition for replacement shall be filed with the RTC of the place where the land lies and this is true even if the title was issued pursuant to a public land patent registered in accordance with Section 103 of this decree

20. NO TIME LIMIT TO FILE PETITION TO ANNOTATE A DEED OF SALE Category:Land Titles And DeedsNO TIME LIMIT TO FILE PETITION TO ANNOTATE A DEED OF SALE

> No limitation or period is fixed for filing a petition to annotate a deed of sale at the back of a certificate of title

> If any person claims that a person registered a deed of sale can no longer do so, because the deed was executed more than 10 years before, such objection must be raised in an ordinary civil action

> Where there is no question as to the existence and validity of the deed of sale, the registration of the sale and issuance of a Transfer Certificate of Title are ministerial duties of the RD

21. NO ALTERATION OR AMENDMENT OF DECREE OF REGISTRATION IS PERMITTED EXCEPT UPON ORDER OF THE COURT Category:Land Titles And DeedsNO ALTERATION OR AMENDMENT OF DECREE OF REGISTRATION IS PERMITTED EXCEPT UPON ORDER OF THE COURT

> Otherwise, a decree of registration cannot be permanent if, for instance, the limits of the land therein registered may be changed or the amount of land so registered altered by a subsequent adjudication of said court based upon new evidence tending to show that the evidence introduced on the former hearing wasincorrect

22. COURT MAY NOW HEAR BOTH CONTENTIOUS AND NONCONTENTIOUS CASES Category:Land Titles And DeedsRULE UNDER SECTION 108, IN RELATION TO SECTION 2 PD1529: COURT MAY NOW HEAR BOTH CONTENTIOUS AND NONCONTENTIOUS CASES

> Section 2 of PD1529 has eliminated the distinction between general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral courtthis is aimed at avoiding the multiplicity of suits, the change has simplified registration proceedings by conferring upon the RTC the authority to act not only on applications for original registration but also over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions.

> The rule that the RTC, sitting as a land registration court, has limited jurisdiction and has no authority to resolve controversial issues, no longer holds

23. PROCEEDINGS UNDER SECTION 112 OF THE LAND REGISTRATION ACT ARE SUMMARY IN NATURECategory:Land Titles And DeedsPROCEEDINGS UNDER SECTION 112 OF THE LAND REGISTRATION ACT ARE SUMMARY IN NATURE

> Case law stressed the summary character of the proceedings for the amendment or alterations of the certificates of title

> Proceedings under Section 112 are summary in nature and relief can only be granted if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes contentious and controversial which should be threshed out in an ordinary action or in any case where the incident properly belongs (Fojas v. Grey)

> Any registered owner of land or other party in interest may, on certain grounds, apply by petition to the cadastral court for a new certificate or entry or cancellation or memorandum thereon, but such relief can only be granted if there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs (Abella v. Rodriguez)

> Although exceptions are admitted in rare cases, these are not based alone on the fact that land registration courts are likewise the same CFI but also on the following premises

o Mutual consent of the parties or their acquiescence in submitting the issues for determination by the court in the registration proceedingso Full opportunity to the parties in the presentation of their respective sides of the issues and evidence in support theretoo Consideration by the court that the evidence already of record is sufficient and adequate for rendering a decision upon those issues

24. WHEN TO FILE PETITION FOR AMENDMENT OR ALTERATION OF CERTIFICATE Category:Land Titles And DeedsWHEN TO FILE PETITION FOR AMENDMENT OR ALTERATION OF CERTIFICATE

1. Whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or

2. That new interest not appearing upon the certificate have arisen or been created; or

3. That an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or

4. That the same or any person on the certificate has been changed; or

5. That the registered owner has married, or,

6. If registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or

7. That a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground;

25. WHERE TO FILE PETITIONS OR MOTIONS AFTER ORIGINAL REGISTRATION Category:Land Titles And DeedsWHERE TO FILE PETITIONS OR MOTIONS AFTER ORIGINAL REGISTRATION

> All petitions or motions after original registration shall be filed and entitled in the original case in which the decree of registration was entered

> This provision doesnt require that it be under oath

> Provision was adopted with an intelligent purpose in viewto allow such petitions and motions to be filed and disposed of elsewhere would eventually lead to confusion and render it difficult to trace the origin of the entries in the registry

26. Authority Of Court To Order The Surrender Of Owner's Duplicate Certificate Category:Land Titles And DeedsAUTHORITY OF COURT TO ORDER THE SURRENDER OF OWNERS DUPLICATE CERTIFICATE

> In order that the court may order the registered owner to surrender his owners duplicate, it has to determine upon the evidence presented by the parties whether the registered owner had been lawfully divested of his title thereto

> That of course requires and involves of the determination of the question of title to the registered property

> Section 107 doesnt constitute a reopening of the decree entered as a result of proceedings in rem for the confirmation of imperfect title under said act, it cannot be deemed to contravene the purpose or aim of the Torrens system.

27. PETITION TO SURRENDER TITLE MAY BE FILED AS AN INCIDENT IN AN ACTION AFFECTING SAID TITLE Category:Land Titles And DeedsPETITION TO SURRENDER TITLE MAY BE FILED AS AN INCIDENT IN AN ACTION AFFECTING SAID TITLE

> Where the court in an action for specific performance, upheld the sale to the plaintiff and ordered the defendant to comply with the terms and conditions to the sale, it was proper for the plaintiff to ask the court to compel the defendant to surrender the duplicate certificate of title to the RD for the registration of the sale, this being a necessary incident in the main case

> Section 107 doesnt preclude a party to a pending case to include as incident therein the relief stated under said section, specially if the certificate of title to be surrendered is intimately connected with the subject matter of the principal action

> Where the title is subject to a mortgage, the order of the court cannot in any way prejudice the rights of the mortgagee since any lien annotated in the certificate is incorporated or carried over to the new transfer certificate of title to whoever it is issued

28. REMEDY WHERE DUPLICATE CERTIFICATE IS WITHHELD Category:Land Titles And DeedsREMEDY WHERE DUPLICATE CERTIFICATE IS WITHHELD

> In case the person in possession of the owners duplicate certificate refuses or fails to surrender the same to the RD so that any involuntary or voluntary instrument may be registered and a certificate issued, the party in interest may file a petition in court to compel the surrender of the same to the RD

> The court after hearing may order the registered owner or any person withholding the duplicate certificate and direct the entry of a new certificate or memorandum upon such surrender

> If the person withholding the certificate is not amenable to the process of the court, or if for any reason the certificate cannot be delivered, the court may order the annulment of said certificate and the issuance of a new certificate of title in lieu thereof

> Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate

29. MODES OF ACQUISITION OF AGRICULTURAL LAND Category:Land Titles And DeedsMODES OF ACQUISITION OF AGRICULTURAL LAND

1. Operation land transfermechanism established for the implementation of PD27

2. Voluntary offer to sellscheme whereby the landowners voluntarily offer their agricultural lands for coverage regardless of phasing

3. Voluntary land transfer/direct payment schemelandowner and the beneficiary enter into a voluntary agreement for the direct transfer of lands to the latter

4. Compulsory acquisitionwhereby the land is expropriated by the State (Section 16 of RA 6657)

5. Voluntary stock distribution in the case of corporate farms alternative arrangement for the physical distribution of lands wherein corporate owners voluntarily divest a portion of their capital stock, equity or participation in favor of their workers or other qualified beneficiaries

30. ACQUISITION OF PRIVATE AGRICULTURAL LANDS; PAYMENT OF JUST COMPENSATION Category:Land Titles And DeedsACQUISITION OF PRIVATE AGRICULTURAL LANDS; PAYMENT OF JUST COMPENSATION

1. The land must be privately-owned and found suitable for agriculture

2. There are beneficiaries willing to take over the ownership of the land and make it more productive

3. The landowner is paid just compensation or deposit cash or LBP bonds is made in his name if the value is contested

4. Title to the land is transferred in the name of the RP

31. DISTURBANCE COMPENSATION (following RA 3844) Category:Land Titles And DeedsDISTURBANCE COMPENSATION (following RA 3844)> Notwithstanding any agreement as to the period or future surrender, of the land, an agricultural lessee shall continue in the enjoyment and possession of his landholding except when his dispossession has been authorized by the Court in a judgment that is final and executory if after due hearing it is shown that

1. The agricultural lessor-owner or a member of his immediate family will personally cultivate the landholding or will convert the landholding, if suitably located, into residential, factory, hospital or school site or other useful non-agricultural purposes: Provided; That the agricultural lessee shall be entitled to disturbance compensation equivalent to five years rental on his landholding in addition to his rights under Sections twenty-five and thirty-four, x x x

> The state is not liable for disturbance compensation

32. EXTINGUISHMENT OF AGRICULTURAL LEASEHOLD RELATIONS Category:Land Titles And DeedsEXTINGUISHMENT OF AGRICULTURAL LEASEHOLD RELATIONS

1. Abandonment of landholding without the knowledge of the agricultural owner

2. Voluntary surrender of the landholding by the agricultural lessee, written notice of which shall be served 3 months in advance

3. Absence of the persons to succeed to the lessee, in the event of death or permanent incapacity of the lessee

33. AGRICULTURAL TENANCY Category:Land Titles And DeedsAGRICULTURAL TENANCY

> The physical possession by a person of land devoted to agriculture, belonging to, or legally possessed by, another for the purpose of production through the labor of the former, and of the members of his immediate farm household, is consideration of which the former agrees to share the harvest with the latter, or topay a price certain or ascertainable, either in produce or in money, or both

REQUISITES OF AGRICULTURAL TENANCY1. Parties are the landowner and the tenant2. The subject is the agricultural land3. There is consent4. The purpose is agricultural production5. There is personal conviction6. There is sharing of harvests

34. DISTINCTIVE FEATURES OF PD27 AND RA6657, EXEMPTION DISTINGUISHED FROM RETENTION Category:Land Titles And DeedsDISTINCTIVE FEATURES OF PD27 AND RA6657, EXEMPTION DISTINGUISHED FROM RETENTION

> PD27 implemented the Operation Land Transfer Programcovers tenanted rice and corn lands

> The requisites for coverage under the Operation Land Transfer program are the followingo The land must be devoted to rice or corn cropso There must be a system of share-crop or lease-tenancyobtaining therein

> If either is absent, the landowner may apply for exemption

> PD27 grants each tenant of covered lands a 5 hectare lot, or in case the lot is irrigated, 3 hectares constituting the family size farm. However, said law allows a covered landowner to retain not more than 7 hectares of his land if his aggregate landholding doesnt exceed 24 hectares

> Consequently, a landowner may keep his whole covered land if its aggregate size doesnt exceed the retention limit of 7 hectares

> An application for exemption is different from that of retention. They are distinct remedies and thus, judgment in one doesnt preclude the subsequent institution of the other

> The right to retention is a constitutionally guaranteed right which is subject to the qualifications by the legislature

> Landowners who havent exercised their retention rights under PD27 may exercise their retention rights under RA 6657

> The right to retention may be exercised over tenanted land despite the issuance of the certificate of land transfer to farmerbeneficiaries. What must be protected, however, is the right of the tenants to opt to stay on the land chosen to be retained by the landowner or be a beneficiary in another agricultural land with similar or comparable features

> Land awards made pursuant to a governments agrarian reform program are subject to the exercise of the landowner who is qualified to the right of retention

> The issuance of emancipation patents or certificates of land transfers doesnt absolutely bar the landowner from retaining the area covered therebyWAIVER OF RIGHT OF RETENTION1. Executing an affidavit or any other document duly attested by the MARO, Provincial Agrarian Reform Officer, or Regional Director, indicating that he is expressly waiving his right of retention

2. Signing of the landowner-tenant production agreement and farmers undertaking or application for purchase and farmers undertaking, covering subject property

3. Entering into a voluntary land transfer/direct payment scheme agreement

4. Offering the subject landholding under VOS scheme and failure to indicate his retained area

5. Signing or submission of other documents indicating consent to have the entire property covered, such as the form letter of the LBP on the disposition of the case and bond portions of a land transfer claim for payment, and the Deed of Assignment, warranties and undertaking and undertaking executed in favor of the LBP

6. Performing acts which constitute estoppel by laches

7. Doing such act or acts as would amount to a valid waiver in accordance with applicable laws and jurisprudence

35. ONLY AGRICULTURAL LANDS ARE SUBJECT TO THE AGRARIAN REFORM COVERAGE Category:Land Titles And DeedsONLY AGRICULTURAL LANDS ARE SUBJECT TO THE AGRARIAN REFORM COVERAGE

AGRICULTURAL LAND

> Refers to land devoted to agricultural activity as defined in this Act and not classified as mineral, forest, residential, commercial or industrial land.AGRICULTURAL ACTIVITY

> Means the cultivation of the soil, planting of crops, growing of fruit trees, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural of juridical.

WHAT ARE EXCLUDED?1. Lands converted to non-agricultural use before the effectivity of CARL are outside the coverage2. Farms used for livestock, poultry and swine not covered3. Agricultural lands reclassified by LGUs into residential, commercial, or industrial uses excluded4. Lands used for academic or educational purposes exempted5. Homesteads are excluded

JURISDICTION OF DAR> Matters involving the administrative implementation of the transfer of the land, such as the giving out of notices of coverage to the tenant-farmer under PD27 and amendatory and related decrees, rules and regulations, shall be exclusively cognizable by the Secretary of Agrarian Reform, including the issuance, recall, or cancellation of emancipation patents or certificates of land ownership award, save when such certificates of land transfer have been registered with the RD, in which instance the recalling authority would be the DARAB

DEEMED TO BE THE OWNERAS DEFINED IN PD 27> Grantee of a certificate of land transfer must be construed within the policy framework of PD 27 and interpreted with other stipulations of the certificate issued pursuant to the Decree

> PD27 was anchored upon the fundamental objective of addressing valid and legitimate grievances of land ownership giving rise to violent conflict and social tension in the countryside

36. SCOPE OF THE COMPREHENSIVE AGRARIAN REFORM LAW OR REPUBLIC ACT 6657 Category:Land Titles And DeedsSCOPE OF THE COMPREHENSIVE AGRARIAN REFORM LAW OR REPUBLIC ACT 6657> Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work.

EXEMPTIONS AND EXCLUSIONS1. Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sunctuaries and breeding grounds, watersheds and mangroves shall be exempt from the coverage of this Act.

2. Private lands actually, directly and exclusively used for prawn farms and fishponds shall be exempt from the coverage of this Act: Provided, That said prawn farms and fishponds have not been distributed and Certificate of Land Ownership Award (CLOA) issued to Agrarian Reform Program. In cases where the fishponds or prawn farms have been subjected to the Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment or notices of compulsory acquisition , a simple and absolute majority of the actual regular workers or tenants must consent to the exemption within one (1) year from the effectivity of this Act. When the workers or tenants do not agree to this exemption, the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who shall from cooperative or association to manage the same.

In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law, the consent of the farm workers shall no longer be necessary; however, the provision of Section 32-A hereof on incentives shall apply.

3. Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production center, church sites and conventsappurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed, shall be exempt from the coverage of this Act. (As amended by R.A 7881)

37. PD 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING Category:Land Titles And DeedsPresidential Decree 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING

> Presidential Decree 27 was anchored upon the fundamental objective of addressing valid and legitimate grievances of land ownership giving rise to violent conflict and social tension in the countryside> Recognized the necessity to encourage a more productive agricultural base to the countrys economy

> The certificate of land transfer under Presidential Decree 27 provides that the tenant farmer is deemed to be the owner of the agricultural land subject to the conditions that the cost of the portion transferred to him, including the interest, shall be paid in 15 equal annual amortizations, and that he must be a member of a barrio association upon organization of such association in his legality

38. RA 6657 OR COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Category:Land Titles And DeedsRA 6657 OR COMPREHENSIVE AGRARIAN REFORM LAW OF 1988

> Agrarian reform program is founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till, or in case of other farm workers, to receive a just share on the fruits thereof

> To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to the priorities and retention limits set forth in the law, taking into account ecological, developmental, and equity considerations and subject to the payment of just compensation

> The State shall respect the right of small landowners, and shall provide for voluntary land-sharing

39. AGRARIAN REFORM PROVISION IN THE 1987 CONSTITUTION Category:Land Titles And DeedsAGRARIAN REFORM PROVISION IN THE 1987 CONSTITUTION> Article 13, Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a just share of the fruits thereof. To this end, the Stateshall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing.

40. EFFECT OF VOID CONVEYANCE Category:Land Titles And DeedsEFFECT OF VOID CONVEYANCE

> Where the parties to a sale of a portion of the public domain covered by homestead patent have been proven to be guilty of having effected the transaction with knowledge of the cause of its invalidity, the sale is null and void and shall cause the reversion of the property to the StateRULE OF PARI DELICTO NOT APPLICABLE

> The principle of in pari delicto is not applicable to cases when its application would run counter to the an avowed public fundamental policy or to public interest

> Whether as a result of the void sale the land reverted to the State is a point between the State and the grantee of the homestead and his heirs. In any event, the plaintiffs right to the possession and use of the property can hardly be disputed while the government doesnt take steps to assert its title to thehomestead.

> Reversion isnt automatic. As long as the government has not chosen to act, the rights of the patentee stand and must be recognized in the courts of law.

41. REPURCHASE OF LAND BY APPLICANT OR HIS HEIRS Category:Land Titles And DeedsREPURCHASE OF LAND BY APPLICANT OR HIS HEIRS> Sanctioned by Section 119 of the Public Land Act> The right to repurchase attaches to every alienation and encumbrance, and that right can be exercised even in the absence of any stipulation in the deed of sale

> To give the homesteader or patentee every chance to preserve for himself and his family the land that the state had gratuitously given to him as a reward for his labor in cleaning and cultivating it

> The five-year period starts from the date of execution of the deed of sale, and not from the date of registration in the office of the Register of Deeds. This is true even if the full payment of the purchase price is not made on the date of conveyance unless there is stipulation to the contrary.

A HOMESTEAD IS EXEMPT FROM CARP COVERAGE RULE WHEN HOMESTEAD IS SUBJECT OF MORTGAGE> The five-year period begins from the date when the deed of absolute sale is executed and the property is formally transferred to the purchaserREPURCHASE MAY BE BARRED BY LACHES

42. PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS Category:Land Titles And DeedsPROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS> Section 116. Except in favor of the Government or any of its branches, units or institutions, or legally constituted banking corporations, lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. (As amended by section 23 of Act No. 3517).

> Section 119. Except with the consent of the grantee and the approval of the Secretary of Agriculture and Natural Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership, may acquire or have any right, title,interest, or property right whatsoever to any land granted under the free patent, homestead or individual sale provisions of this Act or to any permanent improvement on such land. (As amended by section 24 of Act. No. 3517).

> Section 120. No land originally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall be encumbered, alienated, or transferred, except to persons, corporations, associations, or partnerships who may acquire lands of the public domain under this Act; to corporations organized in the Philippine Islands authorized therefor by their charters, and upon express authorization by the Philippine Legislature, to citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land, or permanent improvements thereon, or any interest therein, as to their own citizens, only in the manner and to the extent specified in such laws, and while the same are in force, but not thereafter.

> Section 122. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and sixteen, one hundred and eighteen, one hundred nineteen, one hundred and twenty, and one hundred and twenty-one of this act shall be unlawful and null and void from its execution and shall produce the effect of annulling and canceling the grant, title, patent, or permit originally issued, recognized, or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the Government.

> Section 122(A). The provisions of sections twenty three, twenty four, thirty four, fifty seven, one hundred and twenty, and one hundred and twenty-one of this Act, and any other provisions or provisions restricting or tending to restrict the right of persons, corporations, or associations to acquire, hold, lease, encumber, dispose of, or alienate land in the Philippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to acquire, hold or dispose of such land, permanent improvements thereon or interests therein in the Philippine Islands is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same, which right in so far as it exists under such treatise, shall continue and subsist in the manner and to the extent stipulated in said treaties, and only while these are in force, but not thereafter.

PROHIBITION STARTS FROM DATE OF APPROVAL UP TO 5TH YEAR FROM ISSUANCE OF PATENTPOLICY OF THE LAW

> To conserve the land which a grantee has acquired under the Public Land Act for him and his heirs

> To give the patentee a place where to live with his family so he may become a happy citizen and useful member of the society

APPROVAL OF SECRETARY MERELY DIRECTORY

> Its absence doesnt invalidate any alienation, transfer or conveyance of the homestead after 5 years and before the 25- year period

43. JURISDICTION OVER POSSESSORY ACTIONS INVOLVING PUBLIC LANDSCategory:Land Titles And DeedsCOURTS HAVE JURISDICTION OVER POSSESSORY ACTIONS INVOLVING PUBLIC LANDS> Even pending the investigation of, and resolution on, an application by a bona fide occupant, by the priority of his application and record of his duty, he acquires a right to the possession of the public land he applied for against any other public land applicant, which right may be protected by the possessory action of forcible entry or by any other suitable remedy that our rules provide

> The grant of power and duty to alienate and dispose of the land doesnt divest the courts of their duty or power to take cognizance of actions instituted by settlers or occupants or applicants against others to protect their respective possessions and occupations, more especially the actions of trespass, forcible entry and unlawful detainer

44, INITIATION OF ACTION FOR CANCELLATION OF TITLE AND REVERSION Category:Land Titles And DeedsGOVERNMENT MAY INITIATE ACTION FOR CANCELLATION OF TITLE AND REVERSION> Section 101 of Public Land Act provides for a remedy whereby lands of the public domain fraudulently awarded to the applicant may be recovered or reverted back to its original owner, the government

> Office of Solicitor General shall represent the government in all land registration and related proceedings and institute actions for the reversion to the government of lands of the public domain and improvements thereon as well as lands held in violation of the Constitution

> It is improper for the government to file an action for reversion of land titled to defendant pursuant to a free patent where the alleged fraud consists in the fact that said land, at the time of issuance of the free patent was no longer a part of the public domain, having been adjudicated as private property of another person in a previous registration case

> An action for reversion on the ground that defendant obtained patent through fraud would also fail where the land had successively been sold by the heirs of the patentee to third parties who are holding Torrens titles and enjoying the presumption of good faith

> Private parties cannot challenge the validity of the patent and title when they are not registered owners thereof nor had they been declared the owners as owners in the cadastral proceedings whether the grant was in conformity with the law or not is a question which the government may raise, but until it is raised by the government and set aside, the defendant cannot question it. The legality of the grant is a question between the grantee and the government.PRIVATE PARTY CANNOT BRING ACTION FOR REVERSION> If there has been any fraud or misrepresentation in obtaining the title, an action for reversion instituted by the Solicitor General would be the proper remedy

ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION> Statute of limitations doesnt run against the State

ACTION FOR CANCELLATION OF TITLE> Proper when a private party claims ownership of the land as private property by virtue of a long period of possession and hence, no longer deemed a part of the public domain which could be disposed of under the provisions of the Public Land Act, or when the land is already covered by a previously issued certificate of title

45. DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS Category:Land Titles And DeedsDIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS> It is not only the right but also the duty of the Director of Lands to conduct the investigation of any alleged fraud in securing the free patent and the corresponding title to a public land and to file the corresponding court action for the reversion of the same to the State, if the facts disclosed in the course of such investigation should so warrant

> The indefeasibility of title over land previously public is not a bar to an investigation by the Director of Lands as to how such title has been acquired, if the purpose of such investigation is to determine whether or not fraud had been committed in securing such title in order that that the appropriate action for reversion may be filed by the government

46. CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT INDEFEASIBLE Category:Land Titles And DeedsCERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT INDEFEASIBLE> Once the patent is registered and the corresponding certificate of title is issued, the land ceases to be part of the public domain and becomes private property over which the Director of Lands has neither control nor jurisdiction

> Partakes of a nature of a certificate of title issued through judicial proceeding

> It has in its favor the presumption of regularity

> It becomes incontrovertible upon the expiration of 1 year from the date of the order for issuance of the patent, hence, prescription cannot operate against the registered ownerTITLE NOT DEFEATED BY ADVERSE POSSESSION

47. FORESHORE LANDS, SUBMERGED AREAS, AND RECLAIMED LANDS Category:Land Titles And DeedsFORESHORE LANDS, SUBMERGED AREAS, AND RECLAIMED LANDS> A foreshore land is that strip off land that lies between the high and low water marks and that is alternatively wet and dry according to the flow of the tide

> Inalienable unless converted by law into Alienable and Disposable lands of the public domain

REGISTRATION OF PATENT IS THE OPERATIVE ACT TO CONVEY THE LAND

48. FRIAR LANDS Category:Land Titles And DeedsFRIAR LANDS

> Were purchased by the government for sale to actual occupants under the provisions of Act 1120 or the Friar Lands Act

> These lands are not public lands but private and patrimonial lands of the government

> The Land Management Bureau shall first issue a certificate stating therein that the government has agreed to sell the land to such settler or occupant

> The latter shall then accept the certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest specified in the certificate

> The conveyance or certificate of sale executed in favor of a buyer is a conveyance of ownership of the property, subject only to the resolutory condition that the sale may be cancelled if the price agreed upon is not paid in full

OWNERSHIP TRANSFERRED TO BUYER UPON EXECUTION OF CERTIFICATE OF SALE

SALE OF FRIAR LANDS DIFFERENT FROM SALE OF PUBLIC LANDS

49. SPECIAL PATENTS Category:Land Titles And DeedsSPECIAL PATENTS> Patent to grant, cede, and convey full ownership of alienable and disposable lands formerly covered by a reservation of lands of the public domain and is issued upon the promulgation of a special law or act of Congress or by the DENR Secretary as authorized by the President

50. RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC PURPOSES Category:Land Titles And DeedsRESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC PURPOSES> Chapter 12 of Public Land Act

> Upon the recommendation of the Secretary of DENR, the President may designate by proclamation any tract/s of land of the public domain as reservations for the use of the RP or any of its branches, or of the inhabitants thereof, in accordance with the regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it

> A certified copy of this proclamation shall be forwarded to the Register of Deeds of the province or city where the land lies

> Upon receipt of such copy, the Director of Lands shall order the immediate survey of the proposed reservation if the land has not been yet surveyed, and as soon as the plat has been completed, he shall proce3ed in accordance with the next following section

> The tract/s reserved shall be non-alienablen and shall not be subject to any occupation, entry, sale, lease, or other disposition until again declared as alienable and disposable

51. FREE PATENT Category:Land Titles And DeedsFREE PATENT> Any natural born citizen of the Philippines who is the owner of more than 12 hectares and who, for at least 30 years prior to the effectivity of this amendatory Act, has continuously occupied and cultivated, either by himself or through his predecessors-in interest a tract or tracts of agricultural public lands subject todisposition, who shall have paid the real estate tax thereon while the same hasnt been occupied by any person shall be entitled, under the provisions of this Chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed 12 hectares

> PD 1073apply only to A and D lands of the public domain which have been in open, continuous, exclusive, and notorious possession and occupation by the applicant himself or thru his predecessors-in-interest, under a bona fide claim of ownership

52. LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES Category:Land Titles And DeedsLANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES> Under Chapter 10 of the Public Land Act, lands for said purposes may be sold or leased, under the same conditions as the sale or lease of agricultural public lands, for the purpose of founding a cemetery, church, college, school, university, or other institutions for educational, charitable, or philathropical purposes or scientific research, the area to be such as may actually and reasonably be necessary to carry out such purposes

> The Secretary of DENR may order the sale to be made without public auction, at a price fixed by him

53. LANDS WITHIN MILITARY RESERVATIONS Category:Land Titles And DeedsLANDS WITHIN MILITARY RESERVATIONS> Pursuant to Republic Act 274, lands within military reservations when declared by the President as no longer needed for military purposes may be subdivided by the Director of Lands and thereafter sold to persons qualified to acquire agricultural public lands under the Public Land Act, with priority given to bona fide occupants and then to war veterans

> The area shall be determined by the Director of Lands according to the nature of the land, the number of prospective applicants, and the purposes for which it will be utilized

54. LANDS FOR RESIDENTIAL PURPOSESDIRECT SALE Category:Land Titles And DeedsLANDS FOR RESIDENTIAL PURPOSESDIRECT SALE> Republic Act 730 allows the direct sale of public lands for residential purposes to qualified applicants under certain conditions

> To be qualified, the applicant must be

o Be a Filipino citizen of legal ageo Must not be the owner of a home lot in the municipality or city in which he resideso Have established in good faith his residence on a parcel of public land which is not needed for public serviceo Have constructed his house and actually resided therein

> If the applicant complies with the above, he is given preference to purchase at a private sale not more than 1000 sq.m. of land at a price to be fixed by the Director of Lands

> Republic Act 730 merely provides an exception to Sections 61 and 67 of CA 141

55. SALES PATENT- LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL PURPOSE Category:Land Titles And DeedsSALES PATENT- LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL PURPOSE> The disposition of lands which are intended for residential, commercial, or industrial purposes is governed by Chapter 9 of the Public Land Act

> Lands under this chapter are classified as:o Lands reclaimed by the government by dredging, filling or other meanso Foreshoreo Marshy lands or lands covered with water bordering on the shores or banks of navigable lakes or riverso Lands not included in any of the foregoing classes

> The first two shall be disposed of by lease only

> The last two may be sold with the condition that the purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased within 18 months from the date of the award

> The lease or sale shall be made through oral bidding, and adjudication shall be made to the highest bidder

> However, where an applicant has made improvements on the land by virtue of a permit issued to him by a competent authority, the sale or lease shall be made by sealed bidding as prescribed by Section 26 of the Public Land Act

> Section 60 expressly requires congressional authority before lands under Section 59 which the government had previously transferred to government units or entities could be sold to private parties

56. LANDS WITHIN MILITARY RESERVATIONS Category:Land Titles And DeedsLANDS WITHIN MILITARY RESERVATIONS> Pursuant to Republic Act 274, lands within military reservations when declared by the President as no longer needed for military purposes may be subdivided by the Director of Lands and thereafter sold to persons qualified to acquire agricultural public lands under the Public Land Act, with priority given to bona fide occupants and then to war veterans

> The area shall be determined by the Director of Lands according to the nature of the land, the number of prospective applicants, and the purposes for which it will be utilized

57. LANDS FOR RESIDENTIAL PURPOSESDIRECT SALE Category:Land Titles And DeedsLANDS FOR RESIDENTIAL PURPOSESDIRECT SALE> Republic Act 730 allows the direct sale of public lands for residential purposes to qualified applicants under certain conditions

> To be qualified, the applicant must be

o Be a Filipino citizen of legal ageo Must not be the owner of a home lot in the municipality or city in which he resideso Have established in good faith his residence on a parcel of public land which is not needed for public serviceo Have constructed his house and actually resided therein

> If the applicant complies with the above, he is given preference to purchase at a private sale not more than 1000 sq.m. of land at a price to be fixed by the Director of Lands

> Republic Act 730 merely provides an exception to Sections 61 and 67 of CA 141

58. SALES PATENT- LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL PURPOSE Category:Land Titles And DeedsSALES PATENT- LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL PURPOSE> The disposition of lands which are intended for residential, commercial, or industrial purposes is governed by Chapter 9 of the Public Land Act

> Lands under this chapter are classified as:o Lands reclaimed by the government by dredging, filling or other meanso Foreshoreo Marshy lands or lands covered with water bordering on the shores or banks of navigable lakes or riverso Lands not included in any of the foregoing classes

> The first two shall be disposed of by lease only

> The last two may be sold with the condition that the purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased within 18 months from the date of the award

> The lease or sale shall be made through oral bidding, and adjudication shall be made to the highest bidder

> However, where an applicant has made improvements on the land by virtue of a permit issued to him by a competent authority, the sale or lease shall be made by sealed bidding as prescribed by Section 26 of the Public Land Act

> Section 60 expressly requires congressional authority before lands under Section 59 which the government had previously transferred to government units or entities could be sold to private parties

59. HOMESTEAD PATENT- Legal Requirements Category:Land Titles And DeedsHOMESTEAD PATENT> Chapter 4 of the Public Land Act governs the disposition of alienable public lands through homestead> Any citizen of the Philippines over the age of 18 years, or the head of a family, may enter a homestead of not exceeding 12 hectares of agricultural land of the public domain> The applicant must have cultivated and improved at least 1/5 of the land continuously since the approval of the application and resided for at least 1 year in the municipality in which the land is located, or in a municipality in which the land is located, or in a municipality adjacent to the same, and then, upon payment of the required fee, he shall be entitled to a patentEFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS> When a homesteader has complied with all the terms and conditions which entitle him to a patent for a particular tract of public land, he acquires a vested interest therein, and is to be regarded as the equitable owner thereof> The execution and delivery of the patent, after the right to a particular piece of land has become complete, are the mere ministerial acts of the officer charged with that duty> Even without the patent, a perfected homestead is a property right in the fullest sense, unaffected by the fact that the paramount title to the land is still in the government

60. CLASSIFICATION OF PUBLIC LANDS OPEN TO DISPOSITION- Modes Of Disposition Category:Land Titles And DeedsCLASSIFICATION OF PUBLIC LANDS OPEN TO DISPOSITION> Classification is an executive function> Lands of the public domain which are alienable or open to disposition may be further classified as agricultural, residential, commercial, or industrial, or for similar productive purposes, educational, charitable, or other similar purpose, and reservations for townsites and for public and quasi-public usesMODES OF DISPOSITION1. For homestead settlement2. By sale3. By lease4. By confirmation of imperfect or incomplete titlea. By judicial legalizationb. By administrative legalization or free patent

61. NO PUBLIC LAND CAN BE ACQUIRED EXCEPT BY A GRANT FROM THE STATECategory:Land Titles And DeedsNO PUBLIC LAND CAN BE ACQUIRED EXCEPT BY A GRANT FROM THE STATE> No public land can be acquired by private persons without any grant, express or implied, from the government> It is indispensable that there be a showing of a title from the State> The law requires at least 30 years of open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition, immediately preceding the filing of the application for free patentONLY ALIENABLE AND DISPOSABLE LANDS MAY BE THE SUBJECT OF DISPOSITION

62. DIFFERENCE BETWEEN PD 1529 AND PUBLIC LAND ACT Category:Land Titles And DeedsDIFFERENCE BETWEEN PD 1529 AND PUBLIC LAND ACTPROPERTY REGISTRATION DECREEPD 1529PUBLIC LAND ACT CA 141

There exists a title which is to beconfirmed by the courtThe presumption always is that theland applied for pertains to theState, and that the occupants andpossessors claim an interest only inthe same by virtue of theirimperfect tile or continuous, open,and notorious possession

The court may dismiss theapplication of the applicant with orwithout prejudice to the right to filea new application for theregistration of the same landThe court has jurisdiction or properto adjudicate land in favor of any ofthe conflicting claimants

Only risk that an applicant runs is tohave his application deniedThe applicant runs the risk of losingthe land applied for

Vests in the Director of Lands andSecretary of DENR the authority todispose and manage public lands

63. HISTORICAL BACKGROUND OF PUBLIC LAND ACT OR CA 141 Category:Land Titles And DeedsHISTORICAL BACKGROUND OF PUBLIC LAND ACT OR CA 141> Governed the disposition of lands of the public domain> Prescribed rules and regulation of the homesteading, selling and leasing of portions of the public domain, and prescribed the terms and conditions to enable persons to perfect their titles to public lands in the Philippines> Also provided for the issuance of patents to certain native settlers upon public lands for the establishment of town sites and sale of lots therein, for the completion of imperfect titles and for the cancellation or confirmation of Spanish concessions and grants in the islands> The second Public Land Act was more comprehensive in scope but limited the exploitation of agricultural lands

64. IMPERIUM AND DOMINUUM Category:Land Titles And DeedsIMPERIUM AND DOMINUUM> Imperium pertains to the government authority possessed by the State, which is appropriately embraced in the concept of sovereignty> Dominuum pertains to the capacity to own and acquire property> Dominuum is the foundation of the theory of Regalian doctrine

65. REGISTRATION OF PATENTS Category:Land Titles And DeedsREGISTRATION OF PATENTSSection 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the DUTY OF THE OFFICIAL ISSUING THE INSTRUMENT OF ALIENATION, GRANT, PATENT OR CONVEYANCE IN BEHALF OF THE GOVERNMENT TO CAUSE SUCH