Condensed Notes 2nd Exam
Condensed Notes 2nd Exam
Condensed Notes 2nd Exam
Balderas.Domingo.Fabula.Mangadlao.Melendrez.Pastor.Vega
II. CLASSIFICATIONS OF PUBLIC LANDS
1. Classification of public lands is an executive prerogative.
Classification under the 1935 Constitution
a. Agricultural Lands
b. Forest/Timber Lands
c. Mineral Lands
CASE: Republic v. AFP RSBS Any title issued covering nondisposable lots even in the hands of an alleged innocent
purchaser for value shall be cancelled.
Government Land- includes not only public lands but also other
lands of the government already reserved or devoted to public
use or subject to private rights.
Art. 420, Civil Code - The following are properties of the public
dominion:
A. Those intended for public use such as:
a.
b.
c.
d.
e.
f.
g.
h.
Roads;
Canals;
Rivers;
Torrents;
Ports, and Bridges constructed by the State;
Banks;
Shores;
Roadsteads, and others of similar character.
B. Those which belong to the State, without being for public use,
and are:
a.
b.
(1) Land intended for public use or service not available for
private appropriation All other property of the state which is
not of the character mentioned above, is patrimonial property.
(2) Patrimonial Property
Art. 422, Civil Code property of public dominion, when no
longer needed for public use or for public service, shall from part
of the patrimonial property of the state.
Public Domain lands become patrimonial property when:
a. there is a declaration by the executive department that
these are A & D; and
b. there is an express manifestation by the government
that he property is already patrimonial or no longer
retained for public service or for the development of
National Wealth
Art. 113, Civil Code All things which are within the commerce
of man are susceptible to prescription, and that property of the
state or any of its subdivisions not patrimonial in character shall
not be the object of prescription.
Art. 424, Civil Code property for public use in the provinces,
cities, and municipalities consists of:
a. provincial roads;
b. city streets;
c. municipal streets;
d. the squares;
e. fountains;
f. pubic waters;
g. promenades; and
h. public works for public service paid for by said
provinces, cities, and municipalities
Examples:
a. private property purchased by the national government
for expansion of a public wharf may be titled in the
name of a governmentcorporation regulating port
operations in the country;
b. private property purchased by the national government
for expansion of an airport may also be titled in the
name of the government agency tasked to administer
the airport;
c. private property donated to a municipality for use as:
1. a town plaza; or
2. public school site
-may likewise be titled in the name of the
municipality.
3. Watersheds
CASE: STA. ROSA Realty Devt. Corp v. CA a Watershed is
the area drained by a river and its tributaries and enclosed by a
boundary pr divide which separates it from adjacent watersheds.
Sec. 1820, Administrative Code of 1917, October 1, 1917 public forest includes, except as otherwise specially indicated,
all unreserved public land, including nipa and mangrove
swamps, and all forest reserves of whatever character.
CASE: Ynson v. Sec. of Agriculture and Natural Resources - the
Bureau of Fisheries has no jurisdiction to dispose of
swamplands or mangrove lands forming part of the public
domain while such lands are still classified as forest lands.
-------5. Mineral lands
RA No. 7942 Philippine Mining Act of 1995 provides:
2. Forest lands
CASE: Republic V. CA and Lastimado - If the land forms part of
the public forest, possession thereof, however long, cannot
convert it into private property as it is within the exclusive
jurisdiction of the Bureau of Forest Development and beyond the
power and jurisdiction of the registration court.
Important points:
a. Mineral resources are owned by the State.
b. Possession of mineral land does not confer possessory
rights
c. Ownership of land does not extend to minerals
underneath
d. Land cannot be partly mineral and partly agricultural
---------------------------------------------------------------------------------6. Natural resources within ancestral domains.
d.
b.
c.
Section 6
- authorized the GovernorGeneral to classify lands of the public domain
into .
. .alienable or disposable
lands.
Section 7
- empowered theGovernorGeneral to declare what lands are open to
disposition or concession.
Section 8
- limited alienable or
disposable lands only to those lands which
have been
officially delimited and
classified.
Section 56
stated
that
lands
disposable under this title shall be classified
as
government
reclaimed,
foreshore and marshy
lands, as well as other
lands. All these lands,
however, must be suitable
for residential, commercial,
industrial
or
other
productive non-agricultural
purposes.
Section 10
- the term disposition
includes lease of the land.
Section 58
- categorically mandated
that disposable lands of the public domain
classified
as government reclaimed,
foreshore and marshy
lands shall be disposed of
to private parties by lease
only and not otherwise.
Section 59(d)
- the government could sell
to private parties only those lands falling
under
this section, or those lands
for
non-agricultural
purposes not classified as
government
reclaimed,
foreshore and marshy
disposable lands of the
public domain
Section 61
- allowed only the lease of
such lands to private parties.
b.
c.
d.
e.
f.
g.
Pertinent provisions:
1.
2.
3.
4.
PD No. 3-A, January 11, 1973 - revoked all laws authorizing the
reclamation of areas under water, whether foreshore or inland,
and revested solely in the national government the power to
reclaim lands.
- repealed Sec. 5 of the Spanish Laws of Water of 1866
- reclamation can be undertaken only by a person contracted by
the national government
Section 60, CA No. 141 - In order that PEA may sell its
reclaimed foreshore and submerged alienable lands of
the public domain, there must be legislative authority
empowering PEA to sell these lands. This legislative
authority is necessary in view of Section 60 of CA No.
141
o Section 3, Article XII, 1987 Constitution - PEA cannot
sell any of its alienable or disposable lands of the public
domain to private corporations since Constitution
expressly prohibits such sales.
---------------------------------------------------------------------------------------------------------10. Lakes
CASE: Republic v. Reyes - the free patents and certificates of
title issued to the applicants covering portions of the lake, due
to misrepresentations and false reports, should be cancelled.
- Any false statement in an application for public land shall ipso
facto produce the cancellation of the title granted.
- Possession of non-disposable land does not divest the land of
its public character.
CASE: Republic, rep. by the Mindanao Medical Center v. CA where the President, as authorized by law, issues a
proclamation reserving certain lands, and warning all persons to
depart therefrom, this terminates any rights previously acquired
in such lands by a person who has settled thereon in order to
obtain a preferential right of purchase.And patents for lands
which have been previously granted, reserved from sale, or
appropriated, are void.
3. Survey Plan
CASE: SM Prime Holdings Inc. v. Madayag- A survey plan
establishes the true identity of the land to ensure that it does not
overlap a parcel of land or a portion thereof already covered by
a previous land registration, and to forestall the possibility that it
will be overlapped by a subsequent registration of any
overlapping land.
(5) What defines a piece of land is not the area but the
boundaries thereof.
CASE: Republic v. Court of Appeals and Santos - what defines
a piece of titled property is not the numerical data ndicated as
the area of the land, calculated with more or less certainty
mentioned in the technical description, but the boundaries or
metes and bounds of the property as enclosing it and showing
its limits.
10
(5) Tenuous,
possession
unreliable
and
hearsay
evidence
of
CASE: Republic v. Intermediate Appellate Court and Leyco, The tax declarations presented as evidence are not
11
12
13
1. Decree of registration.
- Decree of registration is an order issued under the signature of
the Administrator, Land Registration Authority (LRA), in the
name of the court, stating that the land described therein is
registered in the name of the applicant or oppositor or claimant
as the case may be.
- The decree must be in conformity with the decision of the court
and with the data found in the record, and the Administrator has
no discretion on the matter.
2. Land becomes registered land only upon transcription on
the decree.
- The land becomes a registered land only upon the
TRANSCRIPTION OF THE DECREE in the original registration
book of Register of Deeds and NOT on the date of issuance of
the decree.
3. Registration court has no jurisdiction to decree again
land already decreed in a previous registration case.
- Second decree for the same land would be null and void, since
the principle behind original registration is to register a parcel of
land only once.
14
REMEDIES
SEC. 32. Review of decree of registration; Innocent
purchaser for value. 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, 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, but in no case shall
such petition be entertained by the court where an 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 encumbrancer 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.
A. Remedies
(2) Contents
- The motion shall be made in writing stating the ground or
grounds therefor, a written notice of which shall be served by the
movant on the adverse party.
- A pro forma motion for new trial or reconsideration shall not toll
the reglementary period of appeal.
- No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed.
(3) Affidavits of Merits
- A motion for new trial grounded on fraud, accident, mistake or
excusable negligence should ordinarily be accompanied by two
affidavits:
1) Setting forth the facts and circumstances alleged to constitute
such fraud, accident, mistake, or execusable negligence; and
2) An affidavit setting forth the particular facts claimed to
constitute the movants meritorious cause of action or defense.
(4) Meaning of fraud, accident, mistake and excusable
negligence
- Fraud to be ground for nullity of a judgment must be
EXTRINSIC to the litigation.
- EXTRINSIC FRAUD refers to any fraudulent act of the
successful party in a litigation which is committed outside the
trial of a case against the defeated party, or his agents, attorneys
or witnesses, whereby said defeated party is prevented from
presenting fully and fairly his side of the case.
- INTRINSIC FRAUD refers to acts of a party in a litigation during
the trial, such as the use of forged instruments or perjured
testimony, which did not affect the presentation of the case, but
did prevent a fair and just determination of the case.
15
(2)
Petition
for
relief
and
motion
for
new
trial/reconsideration are EXCLUSIVE of each other
- A party who has filed a timely motion for new trial cannot file a
petition for relief after his motion has been denied.
4. Appeal
- An appeal may be taken from a judgment or final order that
completely disposes of the case, or of a particular matter therein
when declared by the Rules of Court to be appealable.
- No appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion
seeking relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of fraud,
mistake or duress, or any other ground vitiating consent;
(f) An order of execution;
(g) A judgment or final order for or against one or more of several
parties or in separate claims, counterclaims, cross-claims and
third-party complaints, while the main case is pending, unless
the court allows an appeal therefrom; and
(h) An order dismissing an action without prejudice.
16
17
QUIETING OF TITLE
Quieting of title is a common law remedy for the removal of any
cloud, doubt or uncertainty affecting title to the property.
18
Reversion
Expressly authorized by
public land act
Escheat
May be instituted when
there is violation of
constitution which
prohibits transfer of
agricultural lands to
aliens
c.
19
a.
b.
2.
-
lack of jurisdiction.
If the ground for annulment is lack of jurisdiction,
another remedy is certiorari under Rule 65, in which
case, the Court of Appeals does not have exclusive
jurisdiction since the Supreme Court also has such
jurisdiction
Must be filed: before barred by laches or estoppel
CRIMINAL PROSECUTION
* The State may criminally prosecute for perjury the party who
obtains registration through fraud, such as by stating false
assertions in the application for registration, sworn answer
20
i)
Prior registration of a lien
Registration is not an operative act for a mortgage to be
binding between the parties. But to third persons, it is
indispensable.
j)
Factual matter
Question of fact
Question of law
doubt or difference arises
doubt or controversy as to
as to
what the law is on a certain
the truth or the falsity of the
state of facts.
statement of facts
1.
2.
General Rule:
Factual findings of the Court of Appeals are binding and
conclusive upon the Supreme Court.
Exceptions:
a) the conclusion is a finding grounded entirely on
speculation, surmise and conjecture;
b) the inference made is manifestly mistaken;
c) there is grave abuse of discretion;
d) the judgment is based on a misapprehension of
facts;
e) the findings of fact are conflicting;
f) the Court of Appeals went beyond the issues of the
case and its findings are contrary to the admissions
of both appellant and appellees;
g) the findings of fact of the Court of Appeals are
contrary to those of the trial court;
21
3.
SEC. 33
Modes of appeal to the Court of Appeals or Supreme
Court.
APPEAL may be taken FROM:
a) Judgment or final order that completely disposes of
the case; or
b) A particular matter therein when declared by the
Rules of Court to be appealable.
APPEAL may be BY:
a) Ordinary appeal,
b) Petition for review under Rule 42, or
c) Appeal by certiorari under Rule 45.
1.
2.
Verified petition
o Raise only questions of law which must be
distinctly set forth.
SEC. 34
1. Applicability of the Rules of Court.
RULES OF COURT
Period of appeal
o interrupted by a timely motion for new trial
or reconsideration.
22
Purpose
o to serve the public interest by requiring that
the titles to any unregistered lands be
settled and adjudicated.
Titles for all the land within a stated area are adjudicated
whether or not the people living within the area desire to have
titles issued.
CADASTRAL CASE
Principal aim
o settle as much as possible all disputes over
land and to remove all clouds over land
titles, as far as practicable, in a community.
CADASTRAL COURT
In rem,
i.
Director of Lands
b. Given to:
General public
c. Includes:
Municipal mayor,
barangay captain,
2.
NOTICE
23
d.
Against who
holders, claimants, possessors,
or occupants of such lands or
any part thereof
e. Contain the following:
Stating that public interest
requires that the title to such
lands be settled and
adjudicated and praying that
such titles be so settled and
adjudicated.
Description of the lands,
plan thereof, and
include such other data as to
facilitate notice to all occupants
and persons having a claim or
interest therein.
(4) Publication
a. Provided by:
Section 7 Act No. 22589
Section 35 PD No. 1529
b. For
Registration
Schedule of initial hearing
c. Required
Proceeding is in rem
To give notice to all interested
parties of the claim and the
identity of the property that will
be surveyed
(5) Filing of answer
a. By whom:
Any claimant, whether named
in the notice or not,
b. When:
On or before the date of initial
hearing or within such further
time as may be allowed by the
court.
c. Answer:
shall be signed and sworn to
by the claimant or by some
other authorized person in his
behalf, and
shall state his status, whether
married or unmarried,
his nationality and postal
address.
d. Contain the:
(a) age of the claimant;
(b) cadastral number of the lot
or lots claimed;
24
2)
3)
FIRST ACTION
a. adjudicates ownership in favor of one of the
claimants.
b. judgment
SECOND ACTION
a. declaration by the court that the decree is
final
b. the order for the issuance of the certificates
of title by the Administrator of the Land
Registration Authority.
THIRD ACTION
a. devolves upon the Land Registration
Authority
b. to issue decrees of registration pursuant to
final judgments of the courts in land
registration proceedings.
d.
a.
b.
7.
5.
8.
6.
25
1.
26
SEC. 39
Issuance of decree of registration and certificate of
title.
i. Upon finality of judgment
ii. Court (within 15 days) issue an order directing LRA
Administrator to issue:
a. Decree of registration
b. Certificate of title
iii.LRA Admin shall prepare:
a. Decree of registration
b. Original certificate of title
i. Signed by him shall be the true
copy of the decree of registration
ii. Precise and correct statement of
the exact status of the fee simple
title
iii. Sent to the ROD of the City or
province where the land lies.
c. Duplicate certificate of title.
i. Sent to the ROD of the City or
province where the land lies.
WHAT APPEARS ON THE FACE OF THE TITLE
Strong presumption
2.
date,
hour and
if a minor,
o his age
27
SEC. 40
1. Entry of original certificate of title
ORIGINAL CERTIFICATE OF TITLE
General Rule:
Where two certificates of title are issued to different persons
covering the same land in whole or in part,
between the original parties
2.
SEC. 41
1. Issuance of the owners duplicate certificate.
OWNERS DUPLICATE CERTIFICATE OF TITLE
5.
28
2.
SEC. 42.
SEC. 43.
1. Registration book; contents of transfer certificate of
title.
TCT shall indicate
Lien
-
29
Encumbrance
A burden upon land, depriciative of its value, such as a
lien, easement, or servitude, which, though adverse to
the interest of the landowner, does not conflict with his
conveyance of the land in fee
30
Section 118 and 112 of the Public Land Act (CA No.
141, as amended) provide limitations on the right of the
homestead or free patentee to alienate the land subject
of patent.
By express provision of Section 118 of the Public Land
Act, and in conformity with the policy of the law to
preserve the land in the public land applicant and his
family, any transfer or alienation of a free patent or
homestead within five years from the issuance of the
patent is proscribed. Such transfer nullifies said
alienation and constitutes a cause for the reversion of
the property to the State.
31
Laches
Lucas v. Gamponia
Lola v. CA
32
was filed only on July 21, 1981, twelve (12) years after the
registration of the sale to Rosendo de la Calzada. The dismissal
of the complaint was upheld since petitioners failed and
neglected for an unreasonably long time to assert their right to
the property in Rosendos possession. The principle of laches
is a creation of equity. It is applied, not really to penalize neglect
or sleeping upon ones right, but rather to avoid recognizing a
right when to do so would result in a clearly inequitable
situation.
Miguel v. Catalino
Appellants passivity and inaction for more than thirtyfour (34) years justifies the defendant-appellee in
setting up the equitable defense of laches.
(1) Elements of laches
33
Green Acres Holdings, Inc. v. Cabral, the Court held that the
attempt to cancel the titles of Green Acres by a mere motion for
the issuance of a writ of execution of a decision rendered in a
case where said titles were not in issue is a collateral attack on
the titles.
1. Director of Lands v. Gan Tan, the Court ruled that the issue
as to whether or not an alien is qualified to acquire land covered
by a Torrens title can only be raised in an action expressly
instituted for that purpose. A Torrens title as a rule is irrevocable
and indefeasible, and should be maintained and respected
unless challenged in a direct proceeding.
Direct Attack
Indirect/ Collateral
34
35
contract of sale
Title to the property
passes to the vendee
upon the delivery of the
thing sold
36
contract to sell
Ownership is reserved in
the vendor and is not to
pass to the vendee until
full payment of the
purchase price
Title is retained by the
vendor until full payment
of purchase price
Should
the
buyer
defaults in the payment
of the purchase price,
the seller may either sue
for the collection or have
the contract judicially
resolved or set aside.
Modes of delivery:
37
38
Voluntary
registration (i.e.
registration of a
deed of sale or
mortgage)
Case:
Blondeau vs Nano
FACTS:
Angela Blondeau, relying upon a Torrens title in the
name of Agustin Nano, loaned money in all good faith to the
latter as mortgagor on the basis of the title standing in his name,
only to thereafter discover that Nano had forged the signature of
the true owner, Jose Vallejo, which resulted in the issuance of a
title in Nanos name.
39
HELD:
As between 2 innocent persons, Blondeau and Vallejo,
one of whom must suffer the consequence of a breach of trust,
Vallejo who made it possible by his act of confidence must bear
the loss. The Torrens system permits a forged transfer when
duly entered in registry, to become the root of a valid title in a
bona fide purchaser. The law erects a safeguard against a
forged transfer being registered by the requirement that no
transfer shall be registered unless the owners certificate is
produced along with the instrument of transfer. An executed
transfer of registered lands placed by the registered owner
thereof in the hands of another operates as a representation to
a third party that the holder of the transfer is authorized to deal
with the lands.
40
Records
and
papers
shall be
open for
examinati
on by the
public,
subject to
such
reasonabl
e
regulation
s as the
RoD may
prescribe
All deeds
and
voluntary
instrumen
ts and
copies
thereof
shall be
attested
and
sealed by
the RoD
Execute the
proper
deed of
conveyance
, in proper
form and
present the
same
together
with the
owners
duplicate
certificate
to the RoD
for entry
and
registration
Copies
with the
correspon
ding file
number
shall be
delivered
to the
person
presentin
g them
RoD
shall
enter in
the
registrat
ion book
the fact
of
conveya
nce and
then
prepare:
(1) a
new
certificat
e of title
in the
name of
the
grantee;
(2)
owners
duplicat
e
RoD shall
note
upon the
original
and
duplicate
certificat
e the: (a)
date of
the
conveyan
ce; (b)
volume
and
page; (c)
reference
by
number
to the
last
precedin
g
certificat
e
The
original
and
owners
duplicat
e of the
grantor
s
certificat
e shall
be
stamped
cancell
ed
The
deed of
conveya
nce shall
be filed
with a
notation
of the
number
and
place of
registrati
on of
the
certificat
e of title
of the
land
conveye
d
41
Filing
with the
RoD for
annotatio
n in the
correspo
nding
certificat
e of title
RoD shall
issue a new
certificate of
title and at
the same
time cancel
the grantors
certificate
partially with
respect only
to said
portion
conveyed or
if the
grantor so
desires, his
certificate
may be
cancelled
totally and a
new one
issued to
him
It is a limitation on
ownership
It is inseparable
Gen Rule: Pending
approval of said plan, no
further registration or
annotation of any
subsequent deed or other
voluntary instrument
involving the unsegregated
portion shall be effected by
the RoD.
It is a real property
It is indivisible
It is a real right
Exception: Unsegregated
portion was purchased
from the Government
It is an accessory
contract
6. Equitable mortgage
Equitable mortgage- one which, although lacking in some
formality, form words, or other requisites
demanded by a statute, reveals the
intention of the parties to charge a real
(a) That
they be constituted to secure the fulfillment of a principal
obligation;
(b) That the
pledgor or mortgagor be the absolute owner of the thing
pledged or mortgaged;
(c) That the persons
42
43
(b)
If the mortgage was foreclosed extrajudicially, a
certificate of sale executed by the officer who conducted the
sale shall be filed with the Register of Deeds who shall make a
brief memorandum thereof on the certificate of title.
In the event of redemption by the mortgagor, the same rule
provided for in the second paragraph of this section shall
apply.
44
e.
3.
2.
45
46