University of the Philippines College Civil Lave LAND ‘LES AND DEED! {PD No, 1829) Justice Oswaldo D, Ageaoil Syllabus is based on Agcaoili, “Property Registration Decree and Related Laws (Land Titles and Deedsy Grading components: Class standing (recitations, quizzes and attendanes term exam: 35%; Final exam: 40%, * Cases cited are partial. Students are encouraged to report new cas subject for elass discussion. “es relevant to the Chapter General Provisions 1. Nature of registration proceedings + Governing law ~ PD No. 1529 (Property Registration Decree) Purpose of registration Advantages of the Torrens system of registration Jurisdiction (See. 2, PD No, 1529) Regional trial courts have jurisdiction over applications for registration ‘* But first level courts have delegated jurisdiction wher not the subject of controversy or opposition, oF contested, the value thereof does not exceed P100,000.00 (S: BP Bly. 129, as amended) © Land registration isa proceeding in rem The Regalian doctrine ~ all lands and all other natural resources are owned by the State © See. 2, Art. XI. Constitution * Doctrine does not negate PD 892 - Spanish titles no longer w Cases ‘© Republic v. Heirs of Sin, GR No, 157485, March 26, 2014 ‘© Republic v. Remnan Enterprises, Inc., GR No. 199310, Feb. 19, 2014 © Casimiro Development Corporation v. Mateo, GR No, 175485, July 27, 2011 © Solid Estate Multi-Products Corporation v. Court of Appeals, GR No. 83383, May 6, 1991 Arceo v. Court of Appeals, GR No, 81401, May 18, 1990 # See. of DENR v. Yap, GR No. 167707, Oct. 8, 2008 © Cruz. See. of DENR, GR No. 135385, Dee. 6, 2000 native title™ ed as eviden ‘e of ownershipRepublic v. Agunoy, GR No. 155394, Feb. 17, 2008 Republic v. Naguiat, GR 134209, Jan. 24, 2006. Ligon v. Court of appeals, GR No, 107781, June 1, 1995 Intestate Fstate of Don Mariano San Pedro v. Court of Appeals, GR No. 103727, Dee, 1, 1996 © Mactan-Cebu International Airport Authority v. Tirol, GR No. 171535, June 5, 2009 ad The Land Registration Commission and Its Registries of Deeds Land Registration Authority (See. 4) * Functions (See. 6) Office of the Register of Deeds (See. 7) © Functions (See. 10) © Duty of Register of Deeds to register instruments is ministerial; exceptions © Consulta (See. 117) = Abrigo v. De Vera, GRT No, 154409, June 21, 2004 © Baranda v, Gustilo, GR No. 81153, Sept. 26.1988. * De Leon v. De Leon, GR No. 183063, July 23. 2009 © Almirol v. Register of Deeds of Agusan, GR No. L-22486, March 20, 1968 Alfonso v. Office of the President, GR No. 150091, April 2, 2007 . Naawan Community Rural Bank v. Court of Appeals, GR No. 128573, Jan. 13, 2003 © Guaranteed Homes, Ine. v. Valdez, GR No. 171531, Jan, 30, 2009 Chapter IIL ORIGINAL REGISTRATION Ordinary Registration Proceedings A. Applications (A) Registration under PD No.1529 (Property Registrat ion Decree) Registration under Sec. 14(1), PD No. 1529 ~ “Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, of earlier.” © Applicant must be a Filipino citizen;© Land is agricultural, already. classified as alienable and disposable land (A and D) at she time the application is filed; © Applicant, by himself through his predecessors-in-interest, has been in open, continuous, exclusive and notorious possession and occupation thereof, in the ‘concept af owner (OCENCO): # Since June 12, 1945. Registration under See. 14(2) ~ “Those who have acquired ownership of private lands by prescription under the provisions of existing laws.” Land must be patrimonial or private in character * Possession must be for 10 years (in good faith) or 30 years (regardless of good faith) Registration under Sec. 14(3) ~ “Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws.” * Abandoned river beds belong to the owners who: ‘course in proportion to the area lost. (Art. 461, Ci * To the owners of lands adjoining the banks of rivers belong the accretion which seive from the effects of the current of the waters. (Art. 457. 4. Registration under See. 14(4) - ‘manner provided for by law. Private corporations are disqualified trom acquiring alienable and disposable lands of the public domain. (See. 3. Art, XI, Constitution) 6. Buta corporation sole is qualified to apply for registration 7. Cases © Malabanan v. Republic, GR No. 179987, April 29, 2009: Resolution on motion for reconsideration, Sept. 3. 2013, © Republic v, Zuburban Realty and Development Corporation, GR No. 164408, Mareh 24, 2014 those who have acquired ownership of land in any other ‘© Republic v. Remman Enterprises, Inc.. GR No. 199310, Feb. 19, 2014 © Republic ¥, Joson, GR No. 163767, March 10, 2014 ‘© Republic v, Cortez, GR No, 186639, Feb. 5, 2014 City Mayor v, Ebio, GR No. 178411, June 23, 2010 © Republic v. Fast Silverlane Realty Development Corporation, GR No. 186961, Feb. 20, 2012 ‘© Republic v. CA and Tancinco, GR No, L-61647, Oct. 12, 1984 Grande v. Court of Appeals, GR No. L-17652, June 30, 1962 International Hardwood v. University of the Philippines, GR No.S2518, Aug. 13, 1991 © Republic, rep. by Mindanao Medical Center v. Court of Appeals, GR No. L~ 40912, Sept. 30, 1976(B) Registration Under CA No, 141 (Public Land Act) 1 See. 48 (b), CA. No. 141 The following may apply: “(hy Those who by themselves or through their predecessors in interest have been in open. continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain, under « bona tide claim of acquisition of ownership, since June 12, 1945, except when prevented by war or force majeure. These shall be conclusively presumed to have Performed all the conditions essential to a Government grant and shall be entitled 10 a Certificate of title under the provisions of this chapter.” © Requisites ~ same as See. 14(1), PD No.1529 © No material differences between Sec. 14(1) of PD No. 1529 and Sec. 48(b) of CA No. 141 2. Vested rights acquired under RA No, 1942 (30 years possession) cannot be impaired by PD No, 1073 (requiring possession since June 12, 1945) 3. RA No, 9176 extended the period to file application to December 31, 2020 4. Compliance with all requirements for a government grant ipso jure convents land to Private property 5. Application must conform to the requirements of the Property Registration Decree 6. Cases Republic v. Doldol, GR No. 132963. Sept. 10, 1998 Fortuna v: Republic, GR No. 173423, March 5, 2014 ‘Abejaron v. Nabasa, GR No. 84831, June 20, 2001 Republic v, Espinosa, GR No, 171514, July 18, 2012 : Republic v. Roxas, GR No. 157988, Dec.11, 2013 (C) Registration under RA No. 8371 (Indigenous Peoples Rights Act - IPRA) 1. IPRA indigenous cultural communities the ownership and possession of their ancestral domains and ancestral lands 2. “Modes of acquisition © By native title over both ancestral lands and domains: or ‘© By Torrens title under the Public Land Act (CA No. 141, as amended) or the Property Registration Decree (PD No. 1529) with respect to ancestral lands only 3. Requisites for registration 4. Cases © Cruz v. Secretary of Environment and Natural Resources, GR No. 135385, Dec. 2000 (D) Form and Contents, Dealings with Land Form and contents of application for registration (See. 15) What and where to file (Sec. 17)Atnenddments (See, 19) Veulings with land pending original registration (Nec. 22) Cay © Benin ¥. Tuason, GR No GI No, £-26127, June 24, 1974 # Mendoza v. Court of Appeals, GR No. 116017, July 14, 1978 8. PUBLICAT DN, OPPOSITION AND DEFAULT Notive of initial hearing, publication, ete. (See. 23) Registration proceeding ~ a proceeding in rem Purpose of publication * To confer jurisdiction upon the cour | © Lo apprise the whole world of the pending registration case Opposition (See. 25) © Oppositor must have an interest in the land He should state grounds of objection Absence of opposition does not justify outright registration Motion to dismiss based on res judicata proper Order of default, effet (Sec. 26) Cases © Director of Lands v, Court of Appeals and Abistado, GR No. 102858, July 28, 1997 Director, LMB v, Court of Appeals, GR No. 112567, Feb. 7, 2000 Republic v, Tiotioen, GR No, 167215, Oct, 8, 2008 Martinez. v, Republic, GR No. 160895, Oct. 30, 2006 Republic v, Aquino, GR No, £.-33983, Jan. 27, 1983, Duran v. Oliva, GR No. 1-16589, Sept. 29, 1961 Valisno v! Plan, GR No, 1.-55152, Aug.19, 1986 eee eee JDGMENT AND DECREE OF REGISTRATION Speedy hearing; reference to Proof required in registration proce ‘Cases © Giordula v. Court of Appeals, GR No. 127296, Jan. 22, 1998 © Director of Lands v. Court of Appeals and Manlapaz, GR No. 45828, June 1, 1992 © Republic v, Vera, GR No. L-3$778, Jan, 27, 1983 Citizenship requirement Only Filipino citizens qualified to apply for registrationS. Ruta Filipino citizen who has lost his citizenship may be a transferee of private land subject to limitations prescribed by law (Sec. &, Art, XU, Constitution) 6. Cases © Krivenko v. Register of Deeds, GR No, L-360, Nov. 15, 1947 © Borromeo v. Descallar, GR No. 159310, Feb, 24, 2009 © Republic v. Court of Appeals and Lapifta, GR No. 108998, Aug. 24,1994 © Phil. Banking Corporation v. Lu AR No. L-17587, Sept. 12, 1967 Classification of public lands Art, XIL, Constitution; See, 6, Public Land Act (CA No, 7. Primary classification. S 14) 8. Sccondary classification, Sec. 9, Public Land Act 9. Classification an exclusive executive prerogative Republic v. Fabio, GR No, 159589, Dee. 23, 2008 © Malatunan v. Republic, GR No. 179987, April 29, 2009, Resolution on motion tor reconsideration, Sept, 3. 2013 © Republic v. Roxas, GR No, 157988, Dee. 11, 2013 © Secretary of the DENR ¥. Yap, GR No, GR No, 167707, Oct. &, 2008 jon-Registrable Properties LL. Property of public dominion © Lands for public use and public service © Forest lands © Mineral lands © National parks © Public reservations © Military or naval reservations 12. Protection of “private rights” 13. Cases ‘© Republic v. Court of Appeals and Del Rio, GR No. L-43105, Aug. 31, 1984 Pilar Development Corporation v, Dumadag, GR No. 194336, March 11, 2013 _Amunategui v, Director of Forestry, GR No. L-27873, Nov. 29, 1983 Gordula v. Court of Appeals. GR No. 127296, Jan. 22, 1998 IDEALS, Inc. v. PSALM Corporation, GR No, 192088, Oct. 9, 1912 Republic v. Court of Appeals and Republic Real Estate Corporation, GR No. 103882, Nov. 25. 1998 © Chavez v. Public Estates Authority, GR No. 133250, May 6, 2003,© Republic v. Southside Homeowners Association, Ine., GR No. 156951, Sept. 22, 2006 Specific Evidence of Ownership 14, Identity of the land 15. Classification of the land as A and D land + Land need be classified as A and D ut she time the application for registration ix * Proof of classification (see Republic v. T.A.N. Properties and other cases) 16. Law requires proof of possession and occupation since June 12, 1945 -17, Spanish titles no longer efficacious as proof ownership (PD No. 892) © Gacrlan v. Republic, GR No, 192717, March 12, 2014 Republic v. Joson, GR No. 1637667, March 10. 2014 Republic v. Dela Paz, GR No. 171631, Nov. 15, 2010 Director of Lands v. IAC and Espartinez, GR No. 70825, March 11, 1991 Tan v. Republic, GR No. 177797, Dec. 4, 2008 Intestate Estate of the late Don Mariano San Pedro v. Court of Appeals, GR No. 103727, Dec. 1, 1996 Republic v. Naguit, GR No. 144057, Jan. 17, 2005 Republic v, Vera, GR No. L-35778, Jan, 27, 1983 Judgment 18. Judgment confirming title (Sec. 29) ‘© Only judgments and processes received by OS ‘© Separate proceeding to enforce judgment not necessary © Court retains jurisdiction until after final entry of decree of registration 19. Appeal (Sec. 33) 20. Writ of possession 21. Decree of registration (Sec. 31, PD No. 1529) ‘© Decree binds the land an d quiets title thereto Land becomes registered land only upon transcription of the decree in the Office 5 binding upon the government of the Register of Deeds © Certificate of title becomes indefeasible one year after the issuance of the decree 22..Cases © Ligon v. Court of Appeals, GR No. 107751, June 1, 1995 Vencilao v. Vano, GR No. L-25660, Feb. 23, 1990 Gomez v. Court of Appeals, GR No. 77770, Dec.15, 1988 Manotok Realty v. CLT Realty Development Corporation, GR No, 123346, Dee. 14, 12007© Republic v, Nillas, GR No.159895, Jan. 23, 2007 Remedies 1. Review of decree of registration (See. 32) © Requisites ‘© Petitioner must have an estate or interest in the land (© He must show actual fraud in the procurement of the decree (© The petition must be filed within one year from the issuance of the deere © The property has not yet passed (0 an innocent purchaser for value © Distinction between actual (or extrinsic) and intrinsie fraud Reconveyanee © Requisites (© The action must be brought in the name of person claiming ownership © Then registration of the land was procured through fraud or illegal means (© The property has not yet passed to an innocent purchaser of value © Prescription of action * Action has also been treated as one to quiet 3. Action for damages 4, Action for cancellation of title 5. Action for reversion © Plaintiffis the government, rep. by the Solicitor General © Grounds: in all instances where lands of the public domain have been acquired through fraud or illegal means m for damages against the Assurance Fund © Requisites for recovery (© A person sustains loss or damage © Without negligence on his part ‘© On account of bringing land under the Torrens system Annulment of judgment ot final orders Cas 6.Ch ee Lozada v, Bracewell, GR No. 179155, April 2, 2014 Francisco v. Roxas, GR No, 167120, April 23, 2014 Juan Tong v. Go Tiat Kun, GR No. 196023, April 21, 2014 Paraguya v. Crucillo, GR No. 200265, Dee. 2, 2013 Pajomayo v. Manipon, GR No. L-33676, June 30, 1971 Republic v. Roxas, GR No. 157988, Dee.11, 2013 Republic v. Mangotara, GR No. 170375. July 7, 2010. Cawis v. Cerilles, GR No. 170207. April 19, 2010 ‘vile v, Litania-Hong, GR No. 179540, March 13, 2009 10 v. Republic, GR No. 168661, October 26, 2007 . .Rogue v. Aguado, GR No. 193787, April 7, 2014 Igelsia Filipina Independi R No, 179957, Feb. 3, 2014 Republic v, ‘Transunion Corporation, GR No, 191590, April 21, 2014 De Luzurriaga v. Republic, GR No. 168848, June 30, 2009 People v. Cainglet, GR No. L-21493, April 29, 1966 Treasurer of the Philippines v. Court of Appeats, GR No. L-42805, Aug. 31, 1987 Lopez v. Esquivel, GR No. 168734, April 24, 2009 Bulawan v, Aquende, GR No. 182819, June 22, 2011 Benatiro v. Cuyos, GR No. 161220, July 30, 2008 : cere eeee IL, Cadastral Registration Proceedings Purpose: to settle and adjudicate title to lands (Sees. 35-38, PD No. 1529 in relation to ‘Act No. 2259) Procedure © Cadastral survey preparatory to filing of petition Filing of petition by the government, rep.by the Solici Filing of an answer Hearing of petition Judgment Government of the Philippines v. Abural, GR No. 14167, Aug. 14, 1919 Republic v, Vera, GR No. L-35778, Jan. 27, 1983 Sideco v. Aznar, GR No, L-4831, April 24, 1953 Director of Lands v. Court of Appeals and Manlapaz, GR No. 45828, June 1, 1992, Merced v. Court of Appeals, GR No. L-17757, May 30, 1962 Director of Lands v. Court of Appeals and Pastor, GR No. L-47847, July 31, 1981 Chapter IV Certificate of Title Issuance of decree and certificate of ttle (See.39) © Probative value of a certificate of title ©The “curtain principl © Issuance ofa certificate of ttle does not forectose an action to test its validity Entry of original certificate of title (See. 40) Owner's duplicate certificate of title (See. 41) Transfer certificate of title (Sec. 43) Statutory liens affecting title (See. 44)10 © Certificate of ttle free from liens except those noted thereon ‘Registered land not subject to prescription (See. 47) # But owner may be barred from recovering possession through laches 8. Centificate not subject to collateral attack iting or consolidation of titles (Sec. 49) 10, Subdivision and consolidation plans 11. Cases © Guaranteed Homes, Inc. v. Valdez, GR No, 171831, Jan. 30, 2009 Sta. Lucia Realty v. City of Pasig, GR No. 166838, June 15, 2011 © Rabaja Ranch Development Corporation v. AFP Retirement and Separation Benefits System, GR No. 177181, July 7. 2009 © Realty Sales Enterprise. Inc. v, Intermediate Appellate Court, GR No. L-67451, Sept. 28, 1987 Bangis v."Adolfo, GR No. 190875, June 13, 2012 Degollacion v. Register of Deeds of Cavite, GR No. 161433, August 29, 2006 Cusi v. Domingo. GR No, 195825, Feb. 27, 2013,