land titles reviewer (chapter 10-13)

8/11/2019 Land Titles Reviewer (Chapter 10-13)

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Land Titles

Chapter 10: Decree of Registration and Certificate of

Title

Decree of Registration

Sir: Two ways of detecting Fake Land Title

1.

Last two digits of the TCT number and the last two numbers of the book number

should be the same.

2.

Look at the serial number and see whether or not the place which issued it really

issued it.

a.

Sirs Example the form was a genuine form was supposed to be in Ozamis,

but the TCT says province of Rizal.

Sir: Who has jurisdiction over the land?

The court that has jurisdiction in the location of the land

If ever there is a decree and the court has no jurisdiction the decision is just

provisional.

Content and Effects

In pursuant to the order of the court - the LRA prepares and issues a decree of

registration.

Contents and effects - every decree of registration issued by the commissioner

shall bear:

a.

Date, hour, and minute of entry

b.

Signed by the commissionerc.

Civil status of the person (married, unmarried, etc)

If it is conjugal property the decree shall be issued in the name of both

spouses.

d. If huge person to whom the land to be registered to is incapacitated, it shall

state the nature of the disability

e.

If a minor, then the age will be shown.

f.

Description of the land as finally determined by the court

g.

Show w/n there are estates, mortgages, easements, etc.

The administrator will sign the deed and file it with the LRA.

The decree if registration binds the land, quiets title thereto - subject only to

such exceptions or liens as may be provided by law.

Inclusive upon all persons - even the government.

o Conclusiveness does not cease to exist even i f it is passed in to someone

else.

The decree bars the re-litigation of these question of ownership in the same

proceedings same proceedings.

o Thus a subsequent petition in the case filed after the lapse of one year after

the entry of judgment to allow heirs, oppositors, substituted parties, etc. to

present evidence tending to prove that the registered owners of the

property that is involvedcan not be granted by the courts.

The decree after a lapse of one year becomes incontrovertible. Once it is entered it serves as a notice to the entire world it is in rem.

Duty of the Administrator of Byrne LRA to issue decree

The duty of the land registration official is to issue the decree of registration.

o This is a ministerial function.

In the sense that the act under the orders if the court, and the decree

must be in conformity with the court judgment and with the date found

on record.

o If they are in doubt upon any point in relation to the preparation of and

issuance if there decreethey are duty bound to refer the matter to the

court.

o They act as court officials, not admin officials.

o Administrator can refuse to issue a decree if:

He finds that the subject land has been decreed and titled in another s

name.


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Cannot be compelled by mandamusbecause issuance if title is a

judicial function and not merely a ministerial act.

Certificate of Title

The original certificate of title shall be:

True copy of the decree of registration

Signed by the administrator of the LRA.

The OCT together with the ODCT are sent to the Register of deeds of the

city of province where the property is located.

o This is so that the the property can be placed in the registration

book.

The certificate takes effect only uponregistration date of entry in the

log book, and the land becomes registered land on that day.

If property covered is conjugal propertiesit will be issued in the name

of both spouses.

Rule on determining conjugal, or paraphernal character if land covered by

the certificate of title:

The OCT merely confirms a pre-existing title

Certificate does not establish the time of the acquisition of the

property.

o In essence the date in the deed is just when the property

was officially registered

If the property is acquired while the marriage was subsistingit

shall be registered in the name of both spouses.

If the certificate says: registered in the name of mr.x, married tomrs.xthe property belongs to mr.x.

Owners duplicate certificate of title; transfer certificate of title:

The owners Duplicate Certificate of Titleshall be:

1.

Delivered to the registered owner or to his duly authorized

representative

2.

If two or more persons are the duly registered owners:

a.

One owners duplicate certificate of title may be

issued for the whole land

b.

Or if the co-owners decide, a separate duplicatemay be issued to each of them in like form.

c. But all outstanding certificate of title so issued

shall be surrendered whenever the RD shall

register any subsequent part thereof or interest

therein.

3.

The register of deeds shall note on each certificate a

statement as to whom a copy thereof was i ssued to.

Owner of the land who it is registered and inscribed in the

certificatehas a better right to the possession of the landas

compared to someone who just holds the ODCT and who has yet to

establish that he has a right to the land.

The Transfer Certificate of Title

o Subsequent certificates of title that may be i ssued by the

register of deeds pursuant to any voluntary or involuntary

instrument relating to the same land shall be in like form

called TCTIt shall be issued in duplicate

o The Transfer Certificate of Titleshall show:

Number of the next previous certificate covering the same

land and also the fact that it was originally registered

giving the:

a.

Record Numberb.

The number of the OCT

c.

The Volume and Page Number of the Registration

Book in which the latter is found.

Probative Value of Certificate of Title


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Registration does not vest titleit is not a mode of acquiring possession

over the property.

o It is merely evidence of title over the property

Simple possession of a certificate is not conclusive there could be a

mistake or a land may not be registerable talaga under the torrens

system.

o It can be somone owns it na pala; or it belongs to the state.

If a piece of land is included in a TCT, but the owner had no right talaga

to the land, or no right was asserted any right of ownership thereof is

VIOD AND OF NO EFFECT

o The court has no jurisdiction to decree a lot to someone when he

did not make a claim for it.

Soooo. If you want the land talaga you have to ask! Ask and

you shall receive!

o Also if the issue of fraud or misrepresentation in obtaining

it is seasonably raised, or where the certificate is faulty as

to proposed origin.

Attributed and limitations on Certificates of Title and Registered Lands:

1.

Free from and liens or encumbrances, with certain exceptions. Section

44 PD 1529 states: Every registered owner receiving a certificate of title

in pursuance of registration, and every subsequent purchaser of

registered land taking a certificate for value and in good faith, shall hold

the same free from all encumbrances.

Except those noted on the said certificate and any of the following

encumbrances (Statutory Liens) which may be subsisting such as:

a.

Liens

o Arising of existing under the laws and constitution of the PH

which are not by law required to appear on the TCT

b.

Unpaid Real Estate taxes

o Levied and assessed within two (2) years immediately

preceding the acquisition of any right over the land by an

innocent purchaser for value.

Without prejudice to the right of the government to

collect taxes payable before that period from the

delinquent tax payer alone.c.

Any Public Highway, Private way established or recognized by

law; and any government irrigation canal or lateral thereof

o If the certificate does not state that the boundaries of such

highway or irrigation canal or lateral thereof have been

determined.

o Deals with those which were present and registered before the

decree of registration, and not those constructed after the

decree of registration.

d.

Any disposition of property or limitation on the use thereof

o Pursuant to PD 27, or any law relating to agrarian reform

This equally applies to every subsequent purchaser of registered

land who takes the certificate in Good Faith.

Claims and liens existing prior to the issuance of the titlebut were

not annotated in the certificate, and those mentioned by law are

cut off by such certificate and is binding on the whole world, even

the govt.

2. Incontrovertible and indefeasible

Means that the proceedings can no longer be questioned

Means that it is the best evidence

Upon the expiration of One (1) year from and after the date of the

entry of the decree of registration the decree and also the title

that is issued becomes incontrovertible and indefeasible. But it

loses its indefeasibility if:

a.

A valid title had already been issued over the same land

b.

The Land is not capable of registration


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c.

Fraud attended the acquisition of the certificate

The incontrovertible character only deals with an OCT NOT a TCT.

3. Registered land not subject to prescription

No title to registered land in derogation of the title of the registered

owner shall be acquired by prescription or adverse possession.o Prescription is unavailing not only against registered owner,

but also equally against the latters hereditary successors.

Right to recover possession

o The right of the registered owner to recover possession of the

land covered by his title is imprescriptible.

Laches as a defense against recovery

o The defense of lacheswhen made properlybars the

registered title holder from asserting his right over the

property and also from recovering it.

This is an equitable defensehas nothing to do with the

validity of the titlerather how neglectful he was over his

property that he is barred from saying that he owns the

land.

o Defense of laches may be used to bar the

reconveyance of the land if there are rights na of 3rd

persons which may be affected or prejudiced if the

land is reverted back to the original owner.

4.

Certificate of Title Not Subject to Collateral Attack

It cannot be altered, modified or cancelled except in a direct

proceeding in accordance with law.

Judicial Action Required to Challenge the validity of a title = Direct

Attack!

An attack is direct when:

o The object of an action is to annul or set aside such proceeding,

or enjoin its enforcement.

An Attack is indirect when:

o In an action to obtain a different relief, an attack on the

proceeding is nevertheless made as an incident thereof.

5. Torrens Certificate presumed to be valid and devoid of flaws:

It is presumed to have been regularly issued, valid and withoutdefects.

Related Presumption: the buyer of transferee of registered land is

not aware of any defect in ti tle of the property which he purchased

or acquired.

Person has the right to rely on the fact of the TCT and to dispense

with the trouble of inquiring furtherEXCEPT:

o When he has actual knowledge of facts and circumstances

which would lead a reasonably cautious man to make inquiry.

6. General Incidents of Registered Land

Registered land shall be subject to burdens and incidents as may

arise by operation of law. Registered Owners of land are not

relieved by the FF:

1.

Any rights incident to the relation of husband and wife,

landlord and tenant.

2.

From liability to attachment or levy on execution.

3.

From liability to any lien of any description established by law

on the land and the buildings thereon, or on the interest of the

owner in such land or buildings.

4.

From any right or liability that may arise due to change the laws

of descent

5.

Rights of partition between co-owners

6.

Right to take the same by eminent domain

7.

Relieve such land from liability to be recovered by an assignee

in insolvency or trustee in bankruptcy under the laws relative

to preferences


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8.

To change or affect in any way other rights or liabilities created

by law and applicable to unregistered land, except as otherwise

provided in this Decree.

7.

Where certificate of title was obtained by a Trustee:

The Trustee cannot repudiate the trust by relying on theregistration.

o Say that there is no more trust because I own the property na.

The trustee also cannot convey ownership of the registered

property in her will, because she is not the absolute owner of the

land.

Splitting or Consolidating of Titles; Subdivision and consolidation of Plans

You do not have to file a caseyou just ask the RD to do it.

The registered owner of many lands can ask for different certificates

for the respective lands

ConverselyThe registered owner of many landsMay secure a single

certificate for the respective lands.

Process:

1.

He should file a written request for that purpose with the register

of deeds concerned.

2.

He should surrender to the RD the Owners Duplicate Certificate of

title of the lands.

Enlargement of Area of Impairment of Title is not allowed

The Commission may not order or cause any change, modification, or

amendment in the contents of any certificate of title, or of any decree

or plan, including the technical description therein, covering any real

property registered under the Torrens system.

The Commission cannot also order the cancellation of the said

certificate of title and the issuance of a new one which would result in

the enlargement of the area covered by the certificate of title.

o If a certificate is given which contains an enlarged area from that of

the decree and the one applied for the title covering the land may

be cancelled.

Chapter 11: RemediesSir: Remedies are for the losing party. These are called alternative remedies.

So if one fails you can use the next one.

Motion to lift Order of Default

This is so that the applicant can join in the proceedingsthis is what

was discussed in CHAPTER 6.

New Trial

The Aggrieved (losing) Party, whether applicant or oppositor may file a

motion for a new trial under Rule 37 within the 15 day period for

perfecting an appeal on one or more of the FF grounds:

1.

FAME which ordinary prudence could not have guarded against and

by reason of which such aggrieved party has probably been impaired

in his rights; or

2.

Newly discovered evidence which he could not, with reasonable

diligence, have discovered and produced at the trial, and which if

presented would probably alter the result.

It must be shown that:

a)

New evidencediscovered after trial

b)

Evidencecould not have been discovered and produced at

the traileven with the exercise of reasonable diligence


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c)

Evidence will alter judgmentSuch evidence is material

not merely cumulative, corroborative, or impeaching and is

of such a weight that if it is admitted it will probably alter

the judgment.

3.

Damages awarded are excessive, that the evidence is insufficient to

justify the decision or final order, or that the decision or final order iscontrary to law.

15 days from the time that the judgment is received by the person or his

counsel.

o In the case of the governmentfrom the receipt of the OSG.

Relief from Judgment

When a judgment or final order is rendered by any court in a

case, and a party thereto, by fraud, accident, mistake, or

excusable negligence(FAME)has been prevented from taking an

appeal, he may file a petition in such court and in the same case

praying that the judgment, order, or proceeding be set aside.

The Petition must be:

1. Verified and filed with within 60 days after the petitioner

learns of the judgment, order or other proceedingand not

more than 6 months or 180 days after judgment or order was

entered or proceeding was taken.

2. The Petition must be accompanied with affidavits showing the

FAME relied upon and the facts constituting the petitioners

good and substantial causes of action or defense as the casemay be.

3. The petitioner must also allege that because of such extrinsic

fraud he has been unjustly deprived of a hearing, or he has

been prevented from taking an appeal.

A relief from judgment may only be availed of when the

judgment has become final and a new trial is not available.

o For when another remedy is open to a party, he cannot

invoke such remedy.

Only a party who is wither the applicant of the oppositor may

avail of this remedy.

The grounds for a relief from judgment is FAME.

If you fail to file a relief from judgmentyou can still file a

petition for review.

o But these must be filed within the one year period where the

court still has jurisdiction.

o This must be filed in the same court where the proceedings

were held

This is filed in the same court where the proceedings took place.

Appeal

PD 1529 provides that the decisions in land registration cases are

appealable to the CA or the SC in the same manner as ordinary actions.

Appeal to the CA is taken by simply filing a notice of appealwith the

lower court within 15 days from receipt of judgment or order by counsel

of aggrieved party.

o Appeals to the CA in its exercise of its appellate function is by

Petition for Review.

o With respect to the Governmentnotice to counsel is one that is

sent and received by the OSG, not the fiscal. Appeal from CA to SC is through Petition for Review on Certiorari

o This is different from certiorari

The court does not lose jurisdiction for one year.

o This is due to the fact that the party can file a relief from judgment

or a petition for review.


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In ordinary casesif you do not appeal that is it/

o In Land Registration proceedings you can still file a relief from

judgment or petition of review

Petition for Review

The decree of registration shall not be reopened or revised by reason of

absence, minority, or other disability of any person adversely affected

thereby, nor by any proceeding in any court for reversing judgments,

1.

Subject, however, to the right of any person, including the

government and the branches thereof, deprived of land or of any

estate or interest therein by such adjudication or confirmation of

title obtained by actual fraud, to file in the proper Court of First

Instance a petition for reopening and review of the decree of

registration not later than one year from and after the date of the

entry of such decree of registration.

2.

But in no case shall such petition be entertained by the court wherean innocent purchaser for value has acquired the land or an interest

therein, whose rights may be prejudiced.

Whenever the phrase "innocent purchaser for value" or an equivalent

phrase occurs in this Decree, it shall be deemed to include an innocent

lessee, mortgagee, or other encumbrance for value.

Upon the expiration of said period of one year, the decree of

registration and the certificate of title issued shall become

incontrovertible. Any person aggrieved by such decree of registration in

any case may pursue his remedy by action for damages against the

applicant or any other persons responsible for the fraud.

Who may file a Petition for review:

1.

Any person including the government and the branches thereof

deprived of land or of any estate of interest therein may file a petition

for review and set aside the decree of registration.

2.

The petitioner need not be an oppositor nor an original claimant.

3.

It is also not necessary that the petitioner should first procure the lifting

of the order of general default before he could file the petition.

4.

But those who are entitled to a review of the decree are those who

were deprived of their opportunity to be heard in the original

registration case.

Persons who may NOT file the petition:

1.

Cannot apply when the petitioner does not claim the land to be his

private propertybut is admittedly part of the disposable land of the

public land awarded under a public land patent.

2.

An oppositor who abandons his opposition to a registration proceeding

3.

An oppositor who had knowledge of the original registration proceeding

but failed to put up any claim and to show title in himself.

*When and where to file petition a petition for Review

1.

A petition for review must be filed within one year after the entry of

decree.

2.

A petition for review may be filed at any time after the rendition of the

Courts decision and before the expiration of one year from the entry of

the final decree of registration.

Note SC said: The 1 year period i s counted form the time which the

decree is prepared and issued by the Commission of Land

registration.

If the petition is filed:

Afterthe rendition of the decision but beforethe decree of

registrationit is a Petition for Review of Judgment. If the petition is filed within one year after entryit is a

Petition for Review of Decree.

3.

Petition should be filed in the court that heard the case.remember:

the court in a LRP has retains jurisdiction for one year.


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Essential Requisites for the Reopening of review of Decree (all must concur):

1.

Petitioner has a real and dominical right

2.

He has been deprived thereof

3.

Through Fraud

4.

Petition is filed within one year from issuance of the decree (and in

respect to a review of the judgment, from rendition thereof)5.

The property has not yet passed to an innocent purchaser for value.

*Actual or Extrinsic Fraud, or Collateral Fraud Defined; and differentiated

from Intrinsic Fraud:

Only extrinsic or collateral fraud may be a ground for a petition for

reviewintrinsic fraud cannot!

Extrinsic Fraud:

o Refers to any fraudulent act of the successful party in litigation

which is committed outside the trial of a case against the defeated

party, his agents, attorney, or witnesses.

o

Whereby the defeated party is prevented from presenting fully and

fairly his side of the case

Intrinsic Fraud:

o Refers to acts of a party in litigation during trial, such as the use of

forged instruments or perjured testimony which did not affect

the presentation of the casebut did prevent a fair and just

determination of the case.

o Sir: It is called intrinsic because it happened in the case.

The fraud committed will be deemed Intrinsic Fraud if the fraud alleged

is involved in the same proceeding where the party seeking relief had

ample opportunity to:o Assert his right to attack the documents presented by the applicant,

o Cross examine the witness who testified thereto

Actual Fraud is contemplated as the:

o Intention to deprive another of his just rights

o The fraudulent scheme of the prevailing litigant which prevented a

party from presenting his case.

Sufficient Allegations of Actual Fraud (Illustrated)

It does not suffice to merely allege fraudthe specific, intentional acts

to deceive and deprive another of his right, in some manner injure him,must be alleged and proved.

Other grounds for review of a decree:

1.

By reason of fatal infirmity in the decision, or for want of due process.

The SC said: If a decree is i ssued in pursuance of a decision which

is obtained by fraudit may be annulled within one year from

entry, if it was entered in compliance with a decision:

a.

Suffering from a fatal infirmity

b.

For want of due process

These decisions may be reviewed, set aside, and cancelled upon a

petition filed within the same periodprovided that no innocent

purchaser for value will be injured.

2.

Lack of Jurisdiction of the Court

An example of this would be the court giving out a title to a land

that is part of a military reservation or timberland they have no

jurisdiction.

Purchaser in good faith, as an element of the petition:

A purchaser in good faith and for value is one who buys the property of

another without notice that some other person has right to, or interest

in, such propertyand pays a full and fair price for the same, at the

time of such purchase and before he has notice of the claim or interestof some other persons in the property.

Action for Reconveyance


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Sir: If you file a relief from judgment and petition for review and you win

you get the land, BUT in t he same character that it was in before the

proceedings

o This is contra to the Action for Reconveyance when this happens

you actually get the land with the title na.

This is a remedy that is availab le even after the one year period.o A very important requisite is that the land has not been transferred

to an innocent purchaser for value.

The basic rule is that after the lapse of one year form entry a decree of

registration is no longer open to review or attack.

o Even though the issuance thereof may have been attended by fraud

and that the TT may be inherently defective.

o This is the exception to the rule. But it contemplates that someone

has been wrongfully deprived of his property.

Requisites:

1.

It is filed by the aggrieved partywhose land was wrongfully

registered to another

2.

Can be done before the issuance of the decree, or within/after the

one year from entry

3.

The land must not have passed to an innocent purchaser for value.

This action does not mean to contest the incontrovertibility of the TT. It

just aims to return to the rightful owner a property that has been

wrongfully registered.

o This is just a transfer of the land from the registered owner to the

rightful owner.

Statutory Basis for the Action Section 96 of PD 1529 states:

o Nothing in the decree shall be construed to deprive the plaintiff of

any right of action which he may have against any person for such

loss or damage or deprivation without joining the National

Treasurer as party-defendant.

When to file the action; in the form of a pleading.

Action should be filed in the form of a pleading.

The action for Reconveyance may be f iled even before the issuance of

the decree of registration.

o

But if the person is just an applicant for a free patent Is not anaggrieved partythus cannot file a case.

This action can be brought through an ordinary civil suit, or by the

nature of a counterclaim.

When a ground for Reconveyance Prescribes

1.

Fraud

4 years form the discovery of the fraud

Such discovery is deemed to have taken place upon the issuance of

the OCT

But if the action for Reconveyance is based on the ground that the

certificate of title was obtained by means of a fictitious deed of sale

then this does not prescribe.

2.

Implied or Constructive trust

Land is titled to someone by mistake.

This is prescriptiblethis prescribed in 10 years.

oCounted from the fate adverse title to the property is asserted by

the possessor thereof

oIt is from the date of the issuance of the OCT or TCT that the

effective assertion of adverse title for purposes of the statute of

limitations is counted.

Because of the rule that registration of an instrument in

the Office of the RD which constituted notice to the whole

world, and therefore the discovery of the fraud is deemed

to have taken place at the time of registration.


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a.

But this only applies if the person who is enforcing

the trust is not in possession of the propertyif

he is in possession of the property the action is

one to quiet titlewhich does not prescribe.

o Laches may also be used to not enforce the trust.

When Reconveyance does not prescribe:oBased on an implied trustbut it is brought of the registered

owners of their children

oA co-heirthrough fraudsucceeds in obtaining a certificate of

title in his name to the prejudice of his co-heirs.

Deemed to be holding the property in trust for the others

Is not barred by prescription.

oPlaintiff in an action for Reconveyancewhich is in effect an action

to quiet titleis in possession of the land in question prescription

cannot be invoked IF:

Actual possession is in concept of an owner

Does not apply to where the possessor is a mere lessee of the

property

oA claim for Reconveyance which is based on the fact that the

conveyance is void ab initiothis does not prescribe.

3.

Express Trusts

Does not prescribe

But it can prescribe if the property in question has been transferred to a

third party for value and who claim adverse claim for themselves.

4.

Void Contract Action for Reconveyance is imprescriptible if it is based on a void

contract of sale.

This action cannot prosper if it has been transferred to an IPV

oThus it is important for the person to allege that the person is a

purchaser in BF or has notice of the defect in the title.

oAbsent such allegationthe defendant is presumed to be in GF

Action for Damages

After one year from the date of the decreeand of Reconveyance is

impossible because the property has passed to an IPV the aggrieved

party may bring an ordinary action for damages.

But this can be brought only against the:

o Applicant

o The persons responsible for damages

o Those who were instrumental in depriving him of the property

But this action prescribes in 10 years AFTER the one year period.

o But Sir: Says its 4.years- if it is based on fraud

Action for compensation from Assurance Fund

Special fund created by PD 1529 and is under the custody of the

National Treasurer.

This is to:

o Compensate a person who sustains loss or damage

o Deprived of land or an interest therein

This action is civil in charactermay be in the form of an ordinary

complaint.

Who may file?

o A person w/o negligence sustains:

Loss or damage

Deprived of land or any estate or interest therein

o

May bring an action in any court of competent jurisdiction for therecovery of damage to be paid out of the Assurance Fund.

Requisites for Compensation from the Funds:

1.

Aggrieved party or the suitor:

a.

Sustained loss or damage

b.

Is deprived of land or any estate or interest therein.


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2.

Such loss or damage or deprivation was:

a.

Occasioned by the bringing of the land under the operation of

the Torrens System

b.

Or Arose after the original registration of the land

3.

There was no negligence on his part

4.

He is barred or precluded from bringing an action for recoveryunder PD 1529

5. The action has not prescribed

To be able to claim from this fund you have to have a right to the

propertyif you do not have a right to the property you cannot recover

this is a condition sine qua non!

o They have to be innocent purchasers in good faith and for value

o Or they have to be the registered owner as holders of TCTs

Cannot recover if the basis of the damage is:

o Breach of trust

o Mistake in the resurvey or subdivision of the registered land

resulting in the expansion of area in the CT.

If the aggrieved party is negligent it cannot recover from the fund.

Prescriptive Period to file action

o The action shall be instituted 6 years from the time that the action

occurred.

o The SC has said that the date of the deprivation of the land is the

date of issue of the certificate of title.

But if the loss or damage is due to the error, omission, mistake,

or misdescription in any entry or memorandum in the

registration bookthe prescriptive period starts from the

date of entry or memorandum. Against whom the action can be filed

o If the loss, damage, and deprivation (LDD) of land is due whollyto

the fraud, negligence or omission, mistake, or misfeasance of the

(a) court personnel, (b) Register of Deeds, (c) Deputy RD or any

other employee of the RD in the performance of their respective

duties:

The action shall be against BOTHthe RD of the province of city

where the land is situated, and the National Treasurer.

o If above is committed is due to a some other person:

The action shall be against the RD, NT, and the person. Satisfaction of Judgment

o Award and compensation = Not more than the fair market value of

the land at the time the plaintiff or aggrieved party suffers LDD.

o If judgment is against NT and RD and 3rd

person = the judgment

shall first issue against the 3rd

person.

If the execution is returned unsatisfied, wholly or partially, and

The officer returning the same certifies that the amount cannot

be collected from the land or personal property of the 3rd

person

The remaining amount unpaid is to be paid by the NT out of the

Assurance Fund

In this case the Govt of the PH is subrogated in the rights of

the plaintiff against other parties or entities.

So if binayaran ng Govt person c/n claim na from others.

Govt has those rights na.

You only have 6 years to avail of this remedy FROM the issuance of the

certificate of title.

Compensation is the value of the land at the time of the loss.

Cancellation Suits

Suits involving Double Title

o This usually contemplates that there are 2 certificates of title and

they are issued to different persons.

o When one title is held to be superior over the other the inferior

title should be declared null and void and ordered cancelled.


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Even if the prevailing party did not pray for such relief

o General Rule: The certificate which was issued earlier will prevail!

In cases of successive registration where more than one

certificate is issued over the land:

The person who has the prior certificate is preferred over

the person who has on the second.o Decree in a land registration proceeding does not have the effect of

annulling the title that had been previously issued by PD 1529, or

even if the holder is a holder of a free patent.

o The person who has the subsequent title CANNOT transmit the title

to another

Thus even if the person is an IPV, the IPV does not have a

better right compared to the one who has the first title.

o When superiority does not apply: If the CT issued earlier if it is

established that the CT was issued through fraud or is

jurisdictionally flawed,

o

The indefeasibility of the first CT can be waived by the title holder in

favor of another who holds a subsequent certificate of title.

Cancellation Suits involving non-registrable property

o Cancellation of a CT which includes public forest or where the land

is within the public forestmay be pursued through an ordinary

action.

The action cannot be barred by prior judgment of registration

because the court had no jurisdiction.

o When other non registrable properties are titled they may be

challenged by a cancellation or reversion suit.o If a title is issued pursuant to a judgment that is not final is a

nullity!so can bring an action for cancellation

Remember: A CT can only be issued when the decision

becomes Final and Executory.

o A CT also is Null if it was given to a person who did not apply for the

land. so can bring an action for cancellation.

o If an OCT has been voided by the court insofar as certain derivative

titles are concernedthe rest that are not void are still valid.

Must be:

Issued in the name of other people They have not been heard or notified

Just like the one in the contractsif void part can be

separated, the parts of the contract not voidare still valid.

Annulment of Judgment

o Aggrieved party may seek annulment of judgment in the ordinary

land registration or cadastral proceedingpursuant to Sec. 9(2) of

BP 129

But this remedy is only available where the ordinary remedies

are no longer available and it was not due to the fault of the

petitioner.

Effect of declaration of Nullity of Title

o Not a ground for nullifying the contractual right of a purchaser,

mortgagee, or transferee in good faith.

Quieting of Title

When it is proper and Nature of the action.

o CC A476quieting of title

When there is a cloud on real prop due to an instrument,

record, claim, encumbrance, or proceeding which looks valid or

effectiveBUT it is not palait is invalid, ineffective, voidable,

or unenforceablean action may be brought to remove cloud

or quiet title.

An action may be brought to prevent a cloud from being cast.


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o This is an ordinary civil remedy

o These proceedings are said to be quasi in rem

The judgment in the proceedings is conclusive only between

the parties.

o Action for quiet of title is equivalent to an action for Reconveyance

of title wrongfully issued in the name of another. This would usually entail the cancellation of the title wrongfully

issued

This requires action by the LRA and/or the proper RD

o Claimant must show:

There is an instrument, record, claim, or encumbrance, or

proceedingwhich casts a cloud over the owners title or

interest to the property.

These are the only grounds! Cannot be anything else! So

the reasons must only be due to the FF which cast doubt in

the CT:

1.

Instrument

2.

Record

3.

Claim

4.

Encumbrance

5.

Proceeding

Form of Cloud on Title

There is a cloud on title where there is a certificate of title over a land

which is also covered by another certificate of title.

An action by one party where he asks that the certificate of the other

person be declared null and void = Can be considered an action toremove cloud or quiet title.

o This action may even be pleaded in a counterclaim.

Note: Different from challenging a registered land - because

such is not subject to collateral attack. In this case pwede

collateral attack because both of you have titles. In the

questioning the validity under Chapter 10only one has a title

and the other is just calming that hindi siya dapat may title.

Claim based on: ineffective Spanish Title, Tax Declarations, and Realty

Tax Paymentsto indicate that the WAS INHERITED BY HIM = cloud of

title = so you can ask for action to quiet.

Claim Based on Mortgage Lien: Also a proper subject for quieting title.Who may file an action to quiet title:

Registered owner of the property.

Person who is not the registered owner:

o Title in CC 447 = does not mean the OCT or TCT = It can connote

acquisitive prescription by possession in concept of owner

o Thus even equitable right or interest = may file an action to quiet

title.

o The people who use the action do not need to be in possession of

the land involved.

When action is Imprescriptible

It is imprescriptibleAS LONG AS LAND IS IN HIS POSESSION

Criminal Action

The State = Criminally Prosecute = if registration i s obtained through

fraud.

This applies to allno distinguishment whether or not the statements

were given credence by the courts.

Reversion Suits

SEE DISCUSSION UNDER CHAPTER 12: LAND PATENTS


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Judicial registration vs. Administrative RegistrationJudicial Administrative

Where to file/ Who

has jurisdiction

RTC/MTC LMB/DENR

Nature of the Land

Being Applied for

Private Land Public Land

Area Limits? None 12 Hectares

Prohibition to sell the

land upon title?

No Prohibitory period 5 years.

What is issued? Decree Patent

* In bold = important for sir

Chapter 12: Land PatentsSir:

The big difference between Land Registration and the issuance of

patents is that the subject of the land is public land.

Title over land > Patent

You know that a title is issued in an administrative proceeding because

the title number is preceded by the letter P

Now land is first given to the government, then the land is given to a

private person this is a 2014 law

In 2009 there was a law which was for free patents for residential land.

o In this case there is no 5 year prohibition to sell the land (see

summary of notes by sir)

Patents Nature of Land Grantee/Patentee

Homestead Agricultural Land Filipino Individual

Free Agricultural Land Filipino Individual

Sales Agricultural, Residential,

industrial or Commercial

Filipino Individual,

Corporation, Association

Special Same as sales Government Agency, or

Corporation

Registration of Public Land PatentsThe registration of PLPs are required by section 103 of PD 1529 it states:

Whenever public land is alienated, granted, or conveyed by the

governmentit shall be registered following this decree

Duty of the official issuing the instrument: must be filed with the

register of deeds of the place where the land is located.

o Will be done in the same manner as registration of land

o An owners duplicate will be issued to the guarantee.

The grant does not convey the land nor bind the landit only operates

as a contract between the government and the grantee and as

evidence of the authority of the RD to make registration.

o

It is the act of registration which conveys the land.

Registration will be made in the office of the RD where the land

is located.

After following the registration procedures the land shall be deemed

registered land.

Kinds of public land and to whom they are granted

They are issued to citizens of the PHthey cannot acquire more than 12

hectares of agricultural land.

Kinds of Patents

o

Homesteado Free

o Sales

o Special


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1.

*Homestead Patent

Can only apply for 12 hectares

May be issued to any citizen:

i.

Over the age of 18 or Head of a family

ii.

Should not own more than 24 hectares of land or has not had the

benefit of aby gratuitous allotment of more than 24 hectaresiii.

Complied with the residence and cultivation requirements of the

law.

iv.

Resided in the PH for 1 year in the municipality where the land is

located.

v.

Must have cultivated 1/5th

of the land that is being applied for.

How do you apply:

o You apply with the Land Management Bureauin some provinces

this is the CENRO or PENRO.

o Sir: There is a form and you just fill it up. There is no need for

lawyers; unlike Judicial registration.

2. *Free Patent

Any Natural born citizen of the PH who:

1.

Is not the owner of more than 12 hectares

2.

For at least 30 years prior to the PLA as amended (March 28, 1990),

has continuously occupied and cultivatedeither by himself of

through a PI a tract or tracts of agricultural public lands subject to

disposition

3.

Has paid real taxes on the land

4.

It has not been occupied by any person

If they comply with the requisites they will be entitled to a free patent. Under this decree the deadline to file an application for free patents

ended on December 31, 2000.

Filing and processing of application for free patentAdministrative

mode of confirming imperfect title.

o Remember: The Registration is a judicial mode of confirming title.

Sir: You have to cultivate 1/5th

and there are conditions for development

of the land which you must fulfill.

Sir: the five year requirement not to sell is gone after 5 years. This is

different from the HS patent because after the 5 years you have to get

the permission of the DENR.

Sir: There is also a joint affidavit which is issued by 2 people in favor ofthe applicant which state that they know the person and that the

applicant has been living in the land and also cultivating it.

Sir: Also the certification of the Bgy. Captain which states that notice has

been posted where the land is located.

3. Sales Patent

Only citizens of PH with the FF. characteristics can apply for a sales

patent:

1. Lawful age

2.

If not lawful age, but head of a familymay purchase public

agricultural landbut not more than 12 hectares.

Public corporations are not qualified to acquire land through this

patent.

Procedure for agricultural lands to be cultivated:

1.

Land is sold at public auction

The highest bidder will get the property

2. The winner is required to have 1/5th

of the land broken and

cultivated within 5 years from the date of the award.

3.

The sales patent will only issue to him:

After full payment

After he has established his occupation, cultivation, andimprovements of at least 1/5

thof the land.

Procedure for lands which are suitable for residential purposes:

o Land is sold at public auction and awarded to the highest bidder.


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o A sales patent is issued after payment of the full purchase price and

construction of permanent improvements which are suitable for

the purpose for which the land is purchased

Should be done within 18 months.

RA 730June 18, 1950

o

This authorizes the sale without public bidding to any Filipino ofLegal Age who is not the owner of a home in the municipality where

he residesand who has in good faith established his residence of

a parcel of land of the public domain of the RP and not needed for

public service.

This should not be more than 1000 sqm.

Essential ConditionConstructed house on the lot and actually

resides there.

o This is the exception to the general rule that sale should be by

bidding.

4.

Special Patents

May also be granted to Non-Christians (but now covered by the IPRA):

o As soon as the secretary of the DILG shall certify that the majority

of the NC inhabitants have advanced in civilization

o Then the president may grant these lands to the NCs

Patents may also be issued for educational, charitable, and other similar

purposes.

RA 926 allows the granting of land by the government as payment for

expropriation proceedings (landed estates acquired by the government)

o Assessed value will not be taken into consideration if the exchange

is involving public agricultural land.o There is also a 12 hectare limit.

Original Certificates issued pursuant to special patents = concrete and

conclusive evidence of an indefeasible title.

Sir: You can award more than 12 hectares.

Sir: Special patents are usually issued to government entities

o Ex. Reclaimed land manila harbor center was awarded as a special

patent to the NHA.

o Issued by the president himself due to the fact that there is no 12

hectare limit.

*Registration of Patents and its Effects: All land patents must be registered for them to be efficaciousergo

the patents are only effective upon registration.

o Registration is needed in order to bind 3rd

parties.

o If it is not registered the patent is not indefeasible

Sale Patents: public character of the land is not removed. It is only upon

registration that it is converted in to private land.

Note: Registration is ALWAYS with the RD!!!!!

OCT issued because of a LP is of the same nature as an OCT from judicial

proceeding.

o The certificate of title becomes incontrovertible and indefeasible

after the lapse of 1 year from the date of the issuance of the

patent.

Prescription cannot run against the owner.

If there is a patent = cannot be subject to a cadastral proceeding nor

declared to another person.

*Restrictions on alienation/encumbrance of lands titles

pursuant to patents & right to repurchase

If a land patent is granted = CANNOT SELL FOR A PERIOD OF 5 YEARS

FROM DATE OF ISSUANCE OR GRANT!

o

If ever you sellonly back to the government or a legally

constituted banking corporation (has to be a Government Bank)

o You cannot sell even to a member of your family.

o If you sell within the 5 yearsthen the sale is VOID

Even the intention to sell will render the sale void.


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Basta within the 5 years CANNOT SELL! AS IN NO TALAGA.

Except: To the Government or a Government Bank.

o Now the only government bank is the Land Bank

For Homestead Patents: cannot also alienate, convey, or transfer the

land after the 5 year period and before 25 years WITHOUT the

approval of the Secretary of the DENR.o If you sell it after the 5

thyear till before the 25

thyear you need the

permission of the Secretary of the DENR!!!!!

o This also includes using the property for satisfaction of debts.

Remember: For the computation of the period: the issuance of the

patent is deemed to be form the promulgation of the order of issuance

by the Director of Lands.

Section 118 of the PLA: Cannot take the properties for the satisfaction

of a debt before the expiration of the 5 year period.

Section 119 of the PLA: given the owner-vendor of the lands the right to

repurchaselands acquired under free patent, or homestead patent. Sir:

The sale is made within the prohibitory periods. (Sales Patent 5 years;

Homestead 5 or 25.)

o The right to repurchase can also be exercised by his widow or legal

heirsThis means that when the person to whom the patent was

awarded is still aliveHe alone can institute the action!

o The right to repurchase must be exercised within 5 years from the

date of conveyance.

The date will be the date that it is conveyed to a 3rd

person

who is not a member of the family. look at reason of next

part.

Sir: If the land is mortgaged it cannot be foreclosed if it is within the 5year prohibition.

o The only one that can foreclose on it is a government bank.

*Reason for prohibition and the Right to Repurchase

Reason: based on the fundamental poli cy of the state to preserve and

to keep in the familyof the public land grantee the portion of the public

domain which the state has gratuitously given to him.

The prohibition is mandatory and violation of this renders the

conveyance VIOD.

Right to Repurchase

Right to Repurchase: If acquired through a homestead patent of a free

patentwidow or heirs have the right to repurchase the property

within the 5 years from the date of conveyance (when the prop is

mortgaged and shit.)

But if the land is no more agriculturalbut it has become residential

and the intention is business or profitthen the family does not have

the right to repurchase.

When to avail of the R2R

o Attaches to EVER alienation and encumbrance!

This right can even be exercised even if there is no R2R in the

deed of sale.

o This right cannot be waived! And it does not matter if the

conveyance is voluntary or involuntary.

5 year period begins form: date of the execution of the deed of sale

unless there is a stipulation that ownership is not vested until full

payment, then it will run from this.

If the person who applied is still living HE IS THE ONLY ONE that can

use the R2R. If he is deadpwede na wife or heirs.

R2R may be expressed in any form and manner

In case of EJ foreclosurethe 5 year period runs from the end of the 1year that is allowed for the repurchase of the EJ foreclosure.

o Does not have to make an offer to redeem or tender payment

filing of an action to redeem is sufficient.


18/29

Sir: Sometimes the court will even deny the right to repurchase for

example the originally patentee wanted to buy the land not for the

reason for keeping in the family.

o Ex. Land became super valuable -> so now the original patentee

wanted to buy it back.

o

Intention of why they want to buy back is key.

Other restrictions of Public Land Grants

Encumbrances made by persons belonging to Non-Christian tribes may

be made only when the person making the conveyance is able to read

and understand the language which the instrument is drafted in.

If conveyance is made by illiterate non0christiansthen it needs the

approval of the commissioner of Mindanao and Sulu.

Private Corporations may lease lands covered by LPs as long as they are

for commercial, industrial, educational, religious, or charitable

purposes, or for a right of way - subject to the approval of the

Secretary of the DENR

Cannot dispose lands which were originally acquired through the PLA to

those who are qualified to acquire lands of the public domain,

Effect of Violations of the Restrictions

Any acquisition in contravention of the restrictions will be considered

NULL AND VIOD

It shall produce the effect of annulling, and cancelling the grant, title,

patent, or permit originally issued.

o The property will be reverted to the state.

Actions against improper & illegal issuance of patents

The usual actions that are taken against improperly and/or illegally

issued patents and their corresponding certificates are:

1.

Reversion Suits

2.

Cancellation Suits

3.

Reconveyance Suits

Reversion Suits

Objective = cancellation of a certificate of title and the reversion of the

land back to the state. Note: reversion = lands go back to the state; cancellation =usually

brought by a private individual.

This action is also called a: (a) cancellation suit or (b) annulment suit

Proper forum for the suit = RTC where the land involved is located.

Evangelista vs. SantiagoDistinction of Action for Reversion and Action

for declaration of nullity

o Allegation

In a reversion suit what is being alleged is that the land belongs

to the state

In an action for reversionit is only the director of lands

who is entitled to relief.

Remember: Governmentthrough the OSGupon the

recommendation of the Director of Lands.

In a declaration of nullity what is being alleged is that the

plaintiff owns the land prior to the issuance of a free patent; as

well as the defendants fraud or mistake in obtaining the

property.

The declaration of nullity is based not on the fraud or

mistakerather it is based on the fact that the Director of

Lands had no Jurisdiction to award a patent.

o

Real Party in Interest In a reversion suit the real party in interest is the state

In a declaration of nullity the real party of interest is the

plaintiff who alleges a pre-existing right of ownership over the


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parcel of land in questioneven before the grant of title to the

defendant.

o Effect of Winning the Suit

In a reversion suit the property goes back to the ownership of

the state

In a Declaration of Nullity It depends

Grounds for reversion

Violation of Sections 118.120,121,122,123 of the PLA

o Any violation of these provisions renders the conveyance of the

disposition VIOD AB INITIO

o Lands will be reconveyed back to the state and along with the

improvements

o But the reversion is not automaticthe government still has to

take action in order that the land may be reverted back to it.

Arsenal vs. IAC:An alienation or sale of a homestead patent executed

within the 5-year prohibitory period is void

o A confirmatory deed issued after the lapse of the period does not

cure the sale.Viod pa rin hehe

Zambales vs. CA:Even a bi-lateral promise to buy and sell which was

entered into during the 5-year period was voided

o The SC said that there is no distinction between executory or

consummated sales.

SOLA vs. CFI: Nullity of the sale of only a portion of the lot covered by a

free patent or homestead patent due to the violation of section 18

extended to the entire lot.

o

The sale causes the cancellation of the title and the reversion of thelands back to the state.

So If you are given a patent Hold on dont let go. If you do

you will lose it forever.

When land patented is not capable of registration

The director of lands cannot grant patents over public and forest lands

not capable of registration.

o But if he is misled to granting these patentsthen the patents

issued are jurisdictionally flawedthus the lands can be reverted

back to the state.

But: if a portion of the patent included a riverand it was due to themistake or it was erroneously included by the agency or official issuing

the patent ; provided that there was no clear evidence of fraud then

only the portion over which the river is should be reverted back to the

governmenteverything else is valid.

Failure of the grantee to comply with conditions imposed by law to entitle

him to a patent or grant.

For disposable agricultural public landif the awardee of the patent is

not able to comply with the conditions imposed by law to entitle him to

a grantvoid the patent

Note: Section 91 of the PLA states that if a patent was secured through

fraud and misrepresentationthen ipso facto produce the cancellation

of the concession, title, or permit granted.

The patentee cannot also invoke the 1year indefeasibility rule because:

o A grant tainted with fraud and secured through misrepresentation

is null and void and of no effect.

Failure of applicant to disclose that another person was in possession of

the property (even a part of it)constituted fraud and

misrepresentation and is thus a ground for annulling the title.

When land is acquired in violation of the constitution Land acquired by an alienreverted back to the state.

Land acquired by a corporation whose PII has not acquired an

imperfect titlemay also be assailed in a reversion suit.


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Who instituted an action for Reversion:

OSG in behalf of the RP

o He has the specific power to represent the govt in all land

registration and related proceedingsand to institute actions for

reversion to the government of lands of the Public Domain and

improvements thereon as well as lands held in violation of the

constitution.

A private party cannot being an action for reversion.

o But: SC may resolve issue of alleged fraud in the acquisition of a

patent although the action is instituted by a private personif the

facts are not disputed and the area involved is small.

Investigation of the Director Of lands prior to the institution of suits

Actions for reversion, or annulment should be initiated by the Director

of Landsor at least someone with his prior authority and consent.

Investigation and inquiry should precede the suit.

The indefeasibility of the title is not a bar to the investigation of the

DOL. As long as the investigation is about the fraud or

misrepresentation that could have taken place in order to secure the

land. this is the duty of the DOL to do.

Indefeasibility of title, prescription, laches, and estoppel do not bar a

reversion suit.

The defense of indefeasibility of title does not apply to a suit for

reversion for a land patent that was issued over land which is not

capable of registration (ie. Forest land, registered a lake, etc)

o

This is due to the fact that the director of lands had no jurisdictionto dispose of the lands.

You cannot also invoke indefeasibility when the cause of action of the

government is that you did not follow the cultivation requirements.

o This is part and parcel of the patent non-fulfillment makes the

patent subject to annulment.

The government is also not estopped by the actions or mistakes of its

employees.

The state is also not bound by prescription or laches.

o This does not apply to corporations or artificial bodies which are

created by the state for a specific purpose.

Cancellation Suits

Director of lands issued a patent over land which is private landthe

aggrieved owner may file a cancellation suit.

Action for Reconveyance

Action for when a patent and corresponding certificate of title were

acquired through a breach of implied or constructive trust.

Emancipation Patents; Conditions for Issuance

The tenant farmer, whether in land classified as landed estate (land in

the probinsiya) or not, shall be deemed owner of a portion constituting

a family-size farm of five (5) hectares if not irrigated and three (3)

hectares if irrigated.

In the implementation of the emancipation of the tenantsthe DAR will

issue in duplicate a Certificate of Land transfer.

o The original shall be kept by the tenant farmer, and the duplicate in

the RD

The RD has a special book for this called the Provincial register

of Documents.

o

Emancipation of Tennantsbefore they used to rent the land theytill; now the government gives them the land that they till.

Payment terms for the tenant farmer = 15 years of 15 equal

amortizations.

When will an emancipation patent be issued in the name of the Farmer?


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o Once he pays the price in t he payment terms stated above

o He becomes a full-fledged member of a duly recognized farmers

cooperation

o He has complied with other related obligations

For the Emancipation Patentthis is issued to the farmer by the DAR

(different from other cases where DENR, or in land registration where it

is the courts)

After this the RD Shall:

o Unregistered Landcomplete the entries on the Emancipation

Patent and shall assign an OCT number.

o Registered LandIssue the corresponding TCT without requiring

the surrender of the owners duplicate of title to be cancelled.

o Grantee DiesDAR shall determine his heirs or successors-in-

interest and shall notify the Register of Deeds accordingly.

o In case of subsequent transfer of property covered by an

Emancipation Patent or a Certificate of Title emanating from an

Emancipation PatentThe RD shall affect the transfer only upon

receipt of the supporting papers from the Department of Agrarian

Reform.

o No fee, premium, of tax of any kind shall be charged or imposed in

connection with the issuance of an original Emancipation Patent

and for the registration or related documents.

Restriction on the Patent

Title to the land acquired though the Emancipation Patent is non-

transferable

o The only instance where it is allowed is if it is:

Hereditary Succession

Conveyance back to the government

Subsequent dealings on lands covered by Emancipation Patents

NO voluntary deed or instrument over land which is principally devoted

to rice or corn- or any portion thereofshall be registered unless:

o Accompanied by affidavit of the vendor which states that the land

involved is not tenanted

Or if it is tenanted then the tenanted portion is not devoted to

rice and corn.

If only a portion of the land is dedicated to rice and corn - and that part

is tenantedno such deed or instrument will be registered unless it is

accompanied by an affidavit which states the area of the of the portion

which is tenanted and devoted to R&C and also stating that the deed or

instrument covers only the untenanted portion or which is not devoted

to rice and corn,

A memorandum of said affidavit shall be annotated on the certificate of

title. The Register of Deeds shall cause a copy of the registered deed or

instrument, together with the affidavit, to be furnished the Department

of Agrarian Reform Regional Office where the land is located.

The affidavit provided in this section shall not be required in the case of

a tenant-farmer who deals with his Certificate of Land Transfer or

Emancipation Patent in accordance with law.

The requisite of the affidavit = to complement restriction of the transfer

of title to the lands acquired under emancipation decree.

*Deed or instrument mentioned here means one purporting to be a

subdivision, sale, mortgage, lease, sale, or any other mode of

encumbrance.

Cases Fontanilla vs. CA: A homestead patentee has 5 years by which to

repurchase the property. (also his heirs and widow)

o This 5 year period is counted form the date that conveyance is to a

3rd

person. Conveyance to a member of the family does not start


22/29

this 5 year period. This is due to the fact that the very essence of

Section 119 is to keep the land in the family. Conveying it to a

family member is keeping with this purpose.

Romero vs. CA:

o A sale within the 5 year prohibitory period is VOID (even if it is sold

to heirs)

This is different from the Font anilla case because what was

being assailed there was the right to repurchase. In this case it

is the validity of the salealso the land was transferred to the

sons after the 5 year prohibitory period.

o Also a person can only get a maximum award of 24 hectares in total

any excess of this is void.

For examplehad 24 nathen said to son hold this naman in

trust for methis act would be void because it is a trust

constructed for the circumvention of the law (para the person

can get more than 24 hectares).

Aberajon vs. Nabasa: Action for Reconveyanceif not instituted by thegovernment the private person must show that there is fraud and if

there is fraud there is a constructive trust that arises.

o Also in order for an action for Reconveyance to prosper there must

be a showing that you have a right to the land. If you have no right

to the landthere is nothing to reconvey. Precisely the point: an

action for Reconveyance seeks to return to the rightful owner what

he has been deprived of.

Heirs of Santiago vs. Santiago: A free patent that is issued over private

lands is voidthe public land act only applies to lands of the public

domain this even applies to lands which have been acquired through

occupation for 30 yearseven if it has not yet been registered.

Morandarte vs. CA: Spouses M had land registered under their name

but it included pala parts of a river the state filed a suit for reversion.

o The SC said that the deed is still valid and only the portion which

included the river shall be nullified.

Its reason for doing this is the fact that it was due to the fault

of a government employee that the land river was included.

Thus the conventional cause of reversion which is fraudwas

not present in the casethus the whole property need not be

reverted.

Lorzano vs. Tabayag: Sister said that she will hold on to the land so that

she can get the rent to pay for her sons college education. After her son

graduatesshe will reconvey the landSon graduatedand she did

not give it saying that there was a deed of sale between her and their

father.Signature in title = forged; acknowledged before a Notary who

was not duly commissioned.

o A title emanating from a free patent fraudulently secured does not

become indefeasible.

o Registration of a title under the Torrens system does not by itself

vest the titleit merely confirms the registrants already existing

title.

Registration under the Torrens system is not a mode ofacquiring ownership.

o A fraudulently acquired free patent may only be assailed by the

government in an action for reversion.

Governmentthrough the OSGupon the recommendation of

the Director of Lands.

Exception: Action for Reconveyanceseeks direct

Reconveyance from the defendant public land, unlawfully and

in breach of trust titled by him, on the principle of constructive

trust.

o Lim vs. Delos Santos: Filed a case with the regional secretary of the

DENR then with the Secretary of the DENR both decided against

Lim. Lim appealed to the OP but he did not pay the filing fees for

an appeal.

SC: payment of the fees is mandatory and jurisdictional. The

court will acquire no jurisdiction if the fees are not paid. Thus


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the CA was correct in dismissing the complaint for not

following procedure.

Chapter 13: Reconstitution of Title; Other

Petitions/ Actions after Original Registration

Reconstitution of Lost or Destroyed Original Copies of

Certificates of Title

Meaning, purpose and nature of reconstitution

Reconstitutiondenotes restoration of the instrument which is

supposed to have been lost or destroyed in its original form and

condition.

Purposeto have the title reproduced, after proper proceedings, in the

same form they were when the loss or destruction occurred.

o

If the court goes beyond this purpose then it goes beyond itsjurisdiction.

What the applicant must provenot only the loss or destruction; but

also the time that the title was lost or destroyed he was the registered

owner of the land.

If no OCT exists then the reconstituted title is a nullitythis same rule

applies if in fact there is an earlier valid certificate of title in the name

and in the possession of another person.

This is a proceedings in rem

Source of judicial reconstitution of title

For OCTsthe sources in the following order may be availed of:

1. Owners duplicate certificate of title

2.

Co-owners, mortgagees or lessees duplicate of OCT

3.

Certified copy of OCT previously issued by the RD concerned or by a

legal custodian.

4.

Authenticated copy of the decree of registration or patent which was

the basis of the certificate of title.

5.

Deed or mortgage, lease of encumbrance containing description of the

property covered by the certificate of title, and on file with the registry

of deeds, or an authenticated copy indicating that the original had been

registered.

6.

Any other document, in the judgment of the court, which is sufficient

and proper basis for reconstitution.

For TCTs the sources in the FF order may be availed of:

1.

Owners duplicate certificate of title

2.

Co-owners, mortgagees or lessees duplicate of OCT

3.

Certified copy of OCT previously issued by the RD concerned or by a

legal custodian.

4.

Deed of transfer of other document containing description of the

property covered by the TCT and on file with the RD; or an

authenticated copy thereof indicating that the original had beenregistered and the loss or destruction occurred after the ti tle was

issued.

5. Deed or mortgage, lease of encumbrance containing description of the

property covered by the certificate of title, and on file with the registry

of deeds, or an authenticated copy indicating that the original had been

registered.

6.

Any other document, in the judgment of the court, which is sufficient

and proper basis for reconstitution.

Rule on availment of any other document deemed proper and sufficient

Means that the documents are similar to those that are enumerated.

The important thing to note is that the documents that are submitted

must satisfy the curiosity of the court that the land is really yours. And

that you really really really really tried to get the documents that are

enumerated abovebut you could not find any.


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o Sometimes the lack of the documents will even be an indication

that the land is not really yours.you have to show that you really

really really tried to search for the docs talaga.

Requirements and Procedures in Petitions for Judicial

Reconstitution

Publication of Notice and Posting under Sections 9 and 10

Sections 9 and 10 of RA 26 require that 30 days before the date of

hearing:

1.

Notice be published in the OG for 2 consecutive weeksat the

expense of the petitioner.

2. Noticebe posted in the main entrances of the provincial buildings

and of the municipal hall of the municipality of city where the

property lies.

Section 9 requires that the FF be stated:1.

The number of the Certificate of Title

2.

The name of the Registered owners

3.

The Name of the interested parties appearing tin the reconstituted

certificate of title.

4.

The location of the property

5.

Date which the persons having interest in the property must

appear.

Requirements in Sections 9 & 10 = Are MANDATORY AND JURISDICTIONAL

The proceedings in section 9 & 10 are in rem

The court acquires jurisdiction to hear and decide the petition for

reconstitutionupon compliance with the required posting and

publishing.

o Note: For reconstitution of titlethere is no need to publish in a

newspaper of general circulation.

Non-compliancemakes the proceedings void

o Thus the reconstituted title is also void.

Contents of the Petition and Publication and Posting of the Notice thereof

The petition for reconstitution shall state or contain the FF:

1.

Owners duplicate of the certificate of title has been lost of

destroyed.

2.

No co-owners, mortgagors, or lessees duplicate has been issued.

3.

The location, area and boundaries of the property.

4.

Nature and description of the buildings or improvements which do

not belong to the owner of the landalso the address of those who

own these improvements.

5.

Names and addresses of the:

a.

Occupants or persons in possession

b.

Owners of the adjoining properties

c.

All persons who may have interest in the properties.

6.

Detailed description of any encumbrance affecting the property ifany.

7.

Statement that no deeds of other instruments affecting the

property have been presented for registrationor if there has been

anythe registration thereof has not been accomplished.

This act also requires that:

o All documents or authenticated copies be introduced as evidence in

support of the petitionshall be attached to the petition and filed

with the same.

If the source is any other document:

o The petition shall be accompanied with:

1.

A plan and technical description of the property duly approved

by the Administrator of the LRA. OR

2.

Certified copy of the description from a prior certificate of title

covering the same property.


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The law mandates the court to issue a notice of the petition for

reconstitution which shall state:

1.

Name of the registered owner

2.

Names of the occupants or persons in possession of the property

3.

The owners of the adjoining properties

4.

The location, area, and boundaries of the property

5.

Date by which the persons who have an interest in the property

should appear and file their claims, objections to the petition.

Publication of notice, posting, and sending of notice by mail

The courts shall cause the said notice:

o To be published twice in the OGat the expense of the petitioner.

This should be out in circulation 30 days before the hearing.

o Posted in the main entrance of the Provincial/Municipal Building in

the Municipality/City in which the property is situateddone 30

days before the hearing.

o

Noticeto be sent by registered mail to be done 30 days prior tothe date of the hearing.

Section 12only the registered owner, his assignees or any other

person who has an interest in the property may file a petition for

reconstitution.

o The RD is not the proper party to file a suit.

Section 13Publication of the notice of petition in a local newspaper is

not required. Notice by publication is not sufficient, notice must be

personally sent or delivered to the parties affected by the petition for

reconstitution.

Section 12&13 are mandatory and jurisdictional non-observance of

these fatally affects the proceedings.

Alabang Development vs. Valenzuela:

1.

Requirements of section 12 & 13 are mandatory and jurisdictional.

2.

Duty of the persons who are applying for reconstitution:

a.

Know who are the boundary owners on all sides and directions

of their property

b.

To inquire who of their neighbors are in actual possession and

occupation of the property, but also of the land adjacent

thereto.

c.

The obligations cannot be ignored especially where the land is

in a prime location for residential, commercial, and industrial

purposes.

3.

Failure or omission to notify the owner, possessor, or occupant of

adjacent property, as well as failure to post copies of notice of

hearing in the main entrance of the municipal/city building are fatal

to the acquisition and exercise of jurisdiction of the RTC

4.

Motions for intervention by owners or occupants of the properties

involved should be allowedin the interest of the administration of

justice.

Dorodas vs. CA: If the reconstitution is based on the Owners Duplicate

Certificate of Titlenotice to the owners and of the adjoining lots andactual occupants of the subject property are not mandatory and

jurisdictional.

If the full names and addresses of the adjoining owners are not known

the application shall state the extent of the search made to find them.

o The mere statement of the lack of knowledge of their names and

addresses is not sufficient compliance with requirements mandated

by law.

The publication of the petition in 2 successive weeks in the OG and the

notice of hearing to the adjoining owners, and the posting of the notice

in the municipal building 30 days prior to the hearing are mandatory

and jurisdictional requirements.

The notice the adjoining lot owners is not the duty of the petitioner

rather it is the duty of the courts.

o Stillthe failure of the court to comply with the law does not

excuse its compliance.


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Duty of the courts and a warning to them

It is the duty of the court to make sure that the indispensable parties

are duly served with actual and personal notice of the petition

particularly when the land involved is prime developed commercial

land.

The duty of the court to issue the reconstitution of title is mandatory

and they are given no discretion to deny it if:

o The petitioner is the registered owner

o The certificate of title was in force at the time it was lost or

destroyed

o The evidence presented is sufficient and proper to warrant the

reconstitution of title.

The court even without any opposition by the government must

convince itself that the petitioners evidence is substantial enough to

warrant reconstitution.

o The order or judgment shall become final after the lapse of 15 days

FROM THE RECEIPT BY THE RD CONCERENED AND BY THEADMINISTRATOR OF THE LRA of a notice of the order or judgment

and there was no appeal filed.

Judicial reconstitution of title is unnecessary if the OCT is with the RD

o In this case it is the duty of the courts to deny the petition for

reconstitution.

A wrongly reconstituted CT secured through fraud, misrepresentation,

- cannot be the source of a legitimate rights and benefits.

Administrative reconstitution of title

This may only be done in case of substantial loss or destruction of land

titles due to fire, flood, or otherforce majureas determined by the

ALRA.

o Provided that the number of lost or damaged titles should be at

least 10% of the total numer in the possession of the RD

Provided further that in no case should the loss or damage

titles be less than 500.

Sources of administrative reconstitution

Administrative Reconstitution may only be based on:

o Owners Duplicate CT

o

Co-owners, mortgagees, or lessees duplicate of title.

Contents of Petition and Where to File

The petition for reconstitution shall state the:

o Petitioners full name

o Address and other personal circumstances

o The nature of his interest in the property

o The title number of the certificate - accompanied by the source for

reconstitution and an affidavit of the registered owner - stating the

FF:

1.

That no other deed or other instrument affecting the propertyhas been registered. If there are others then the:

a.

Nature of the other instrument

b.

Who the other parties are and

c.

Whether the registration of such deed or instrument is still

pending accomplishment.

2.

That the ODCT or Co-owners DCT is in due form and without

any intentional and apparent erasures

3.

That the CT was in full force and effect at the time it was lost or

destroyed.

4.

CT is covered by a declaration regularly issued by the Assessors

office

5.

That the RE taxes have been fully paid up to at lesat 2 years

prior to the filing of the petition for reconstitution.


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If the reconstitution is to be made from any of the sources enumerated

in section 2b or 3b then the affidavit should further state that the

owners duplicate certificate of title has been lost or destroyed.

o The RD shall reconstitute the certificate of titleif there is no valid

reason to do so.

o 2b & 3b = The co-owner's, mortgagee's, or lessee's duplicate of the

certificate of title

This petition may be filed with the RD by the registered owner, his

assignees, or other personsNATURAL OR JURIDICALhaving an

interest in the property.

Review of Decision of Reconstitution and remedy by the aggrieved party

The Land Registration Authority Administrator may review, revise,

reverse, modify or affirm any decision of the reconstituting officer or

Register of Deeds.

o The LRA may even nullify the reconstituted certificate of title which

was issued. It can even declare a title valid or invalid on its face.

The facts and findings that are made by the LRA when

supported by substantial evidenceshall be binding on the CA

Because of this power of the L RA there is no more need for the

judicial declaration of fraudulently reconstituted titles.

Any appeal shall be filed within fifteen days from the receipt of the

judgment or order by the aggrieved party

Any interested party who by fraud, accident, mistake or excusable

negligence has been unjustly deprived or prevented from taking part in

the proceedings may file a petition in the proper court to set aside the

decision and to reopen the proceedings.

The petition shall be verified and must be filed within sixty days after

the petitioner learns of the decision but not more than six months from

the promulga