Land Titles Memo Aid
Land Titles Memo Aid
Land Titles Memo Aid
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
LAND T ITLE evidence of right of owner or extent of his interest, by which means he can maintain control and as
a rule assert right to exclusive possession and enjoyment of property
DEED instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned
or by which title to any real estate may be affected in law or equity
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
T YPES OF ESTATES:
1. FREEHOLD ESTATE indicates title of ownership
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
PURPOSE OF T ORRENS LAW: quiet title to land once registered, owner might rest secure
PERSONS BOUND WHEN T ITLE NOT REGISTERED
1. Grantor 2. Heirs & devisees 3.Persons with actual notice
MUNIMENT OF T ITLE instruments or written evidences which applicant hold or posses to enable him to
substantiate & prove title to his estate
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
GENERAL DEFAULT
If no person appears and answers within time prescribed
SPECIAL DEFAULT
Party appears at initial hearing without having filed an answer and ask court for time to file answer
but failed to do so within period allowed
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIAL CONFIRMATION OF
IMPERFECT TITLE UNDER THE PUBLIC LAND ACT
There exist a title to be confirmed
Land applied for belongs to the state
Court may dismiss without prejudice to file new application
Dismiss with prejudice
Risk to have application denied without losing land
Risk involves loss of land
JUDGMENT decision of court constituting its opinion after taking into consideration the evidence submitted
WRIT OF POSSESSION order to sheriff to deliver the land to the successful party litigant; no prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
RES JUDICATA:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
T ORRENS T ITLE certificate of ownership issued under the Torrens System of registration by the government
through road naming & declaring owner in fee simple of property described therein free from all liens except
those expressly noted
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title court to order Land
registration Admin to issue decree of registration and certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT signed by Administrator,
entered & file decree of registration in LRA
4. Send to Register of Deeds original & duplicate of title & certificate for entry in his registration book
5. Enter in record book, dated, signed, numbered & sealed take effect upon date of entry
6. Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order
ANNOTATIONS AT BACK OF CERTIFICATE need court order; otherwise null & void
OPERATIVE ACT registration by owner; deed not registered binding only between parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with Register of Deeds
a. Owners duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer 1 copy additional for city/provincial assessor
2. Register of Deeds shall make a memorandum on the certificate of title, signed by him
3. Issue TCT
VOLUNTARY DEALINGS
Need to present title to record the deed in registry & to make memorandum on title
INVOLUNTARY DEALINGS
No presentation required; sufficient that annotation in entry book is sufficient
KINDS:
1. Conventional agreed upon by parties
2. Legal Created by operation of law
3. Judicial results from a judgment
4. Equitable pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
2. Real right attaches to property wherever it is & whoever holds it
3. Accessory presupposes existence of valid principal obligation; cannot stand alone
4. Indivisibility even if debt is divisible; mortgage is not
5. Inseparability mortgage lien is inseparable from property
6. Retention of possession - mortgagor retains possession
SUBJECT MATTER
Real property plus all its accessions unless contrary is stipulated
Future property without legal effect
Future improvements deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid
FORMS:
1. Private document void & inexistent
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C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
2. Public instrument but not recorded binding between parties but not 3 rd persons without notice
3. Public document & registered valid & binding to 3rd parties
PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
FORECLOSURE
1. JUDICIAL
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not paid from date of
service, property be sold at public auction
c. Notice & Publication
d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
f. File with Register of Deeds final decree of court confirming sale
g. Memo entered in certificate of title
h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum
shall be entered upon the certificate duplicate & original
i. After expiry of 1 year redemption period & no redemption, title is consolidated to new owner
j. Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
k. If there is redemption, memorandum to be annotated on certificate of title
2. EXTRA-JUDICIAL
Allowed only if stipulation between party authorizes extra-judicial foreclosure
Cannot be made legally outside of city where land lies
Publication required: post notices for 20 days in 3 public places where property lies & if property
is more than P400.00, publication must be for 3 consecutive weeks in news paper of general
circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding
3,000.00
Registration of sale in Register of Deeds:
a. Deed of sale must be supported by certificate of sheriff that said sale was conducted
accordingly stating the date, time, place of sale, names of creditor & debtor, description
of property, name of highest bidder, selling price
b. Present in Register of Deeds where land lies
c. Memorandum on back of certificate is made
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C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
RIGHT OF REDEMPTION
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
To be exercised within 1 year after registration of sale
CHATTEL MORTGAGED personal property is registered with Register of Deeds to secure performance of an
obligation
DEED OF MORTGAGE:
Requires only description to enable parties & other persons to identify the subject matter
EFFECT OF REGISTRATION:
1. Creates a lien attaches to the property whoever holds it; binding on subsequent purchasers
2. Constructive notice
ASSIGNMENT OF MORTGAGE
No need to be registered, permissive only & not mandatory
FORECLOSURE OF MORTGAGE
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places in municipality where property is to be sold
designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
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C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
4. 30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been
recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance mortgagor
LEASE one of parties deliver possession of property to another who is obliged to pay rent for use of such
property
REGISTRATION OF LEASE
1. File with Register of Deeds the instrument creating lease together with Owners Duplicate of certificate of
title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
WHEN PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold cannot be
registered in the title thereof
EFFECT OF REGISTRATION:
1. Creates a real right but without prejudice to rights of 3 rd persons
2. If not registered valid as between parties but not to 3rd persons without notice
ALIENS:
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
T RUST obligation of a person to whom legal title to property is transferred to hold the property according to
confidence reposed in him
2 KINDS:
1. Expressed need to be in writing; cannot be proved by parole evidence
2. Implied exist by operation of law; can be proved by parole evidence
a. Property is bought but paid by another party
b. Donation is made but donee have no beneficial interest thereon
c. Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
d. Land passes by succession to a person but legal title is put in anothers name
e. 2 persons purchase property but placed only in ones name
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud
REGISTRATION OF T RUST
1. Sworn statement claiming interest by reason of an implied trust with description of land & reference to
number of certificate shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the trust
INVOLUNTARY DEALINGS transactions affecting land in which cooperation of registered owner is not needed: it
may even be against his will
ATTACHMENT
A writ issued at the institution or during progress of an action commanding the sheriff to attach the
property, rights, credits or effects of the defendant to satisfy demands of the plaintiff
Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
1. EXECUTION SALE
To enforce a lien of any description on registered land, any execution or affidavit to enforce such
lien shall be filed with Register of Deeds where land lies
Register in registration book & memorandum upon proper certificate of title as adverse claim or
as an encumbrance
To determine preferential rights between 2 liens: priority of registration of attachment
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to be
heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a public
& conspicuous place in place wherein property is situated & at main entrance of provincial
building
Sale cannot affect rights of other lien holders unless given right to defend their rights: due
process must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
ADVERSE CLAIM
1. Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of
certificate of land, name of registered owner, description of land in which right/interest is claimed
signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same claimant
PURPOSE: keep subject matter within the power of the court until the entry of final judgment
Therefore creates merely a contingency & not a liens
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in dispute during the pendency of the suit may be alienated but
purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed with Register
of Deeds
Each owner to gave separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon
presentment of order confirming sale
2. EXTRAJUDICIAL
a. Decedent died intestate
b. No debts
c. Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of Deeds
If disagree with each other, file in court ordinary action for partition
If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with
Register of Deeds
If there is movables involved, bond to be filed equivalent to value of property as certified
under oath by parties conditioned upon payment if any just claim which may be filed by
creditor within 2 years after distribution
Publication in newspaper of general circulation for 3 weeks; not binding to those without
notice
Final after 2 years
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to Register of Deeds based on
assessed value of land as contribution to assurance fund; if no assessment yet, sworn declaration of 2
disinterested persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000, excess
shall be paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1. Claimant must be owner,
purchaser or encumbrancer in good faith who suffered actual damage by loss of land; in short he is
deprived of his land or interest therein
2. No negligence attributable to
him
3. Claimant is barred from filing
action to recover said land
4. Action to recover from
assurance fund has not prescribed
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds
available to Treasury even if not appropriated
7. Corporation which owner registered land has dissolved and has not conveyed the
property within 3 years after its dissolution
What corrections are permitted in title (which does not include lands included in original;
technical description as long as original decree of registration will not be reopened and rights or
interest of persons not impaired; old survey was incorrect; substitution of name of registered
owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes
OFFENSES:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in
discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
a. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of
Register of Deeds
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons authorized to sign
d. Use of any document which an impression of the seal of the Register of Deeds is forged
5. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered;
deceitful disposition of property as free from encumbrance: imprisonment of 3 years or fine not
exceeding 2,00 or both at discretion of court
PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does not take effect as
conveyance if unregistered, it is registration which is operative act of conveying land; evidence of
authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the purview of the Torrens
system
2 titles procured by one person one from homestead patent, one from judicial decree & sold to 2 diff
persons, one who bought it for value and in good faith & one who register first shall have preference
FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change
character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from
government.
DIRECTOR OF LANDS
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of
judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to
encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable
him to cultivate
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee & approval of
Secretary of Natural resources
EXCEPTIONS:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
HOMESTEADER
If he dies, succeeded by heirs in the application
NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
Compulsory
PROCEDURE:
1. CADASTRAL SURVEY
In opinion of Phil president pursuant to requirement of public interest, title of land within a
specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
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C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Director gives notice to persons claiming interest in lands & to gen public of day of survey
published in OG and posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2. FILING OF PETITION
After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation &
copy mailed to person whose address is known & other copies posted in conspicuous place
designated bylaw
4. FILING OF ANSWER
Any person claiming interest in any part of lands subject to petition is required to file answer
Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant no of years in possession
f. If not in possession state interest claimed
g. If assessed of taxation assessed value
h. Any encumbrances affecting said lots
5. HEARING OF CASE
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6. DECISION
Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such certificate
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
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C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001