land titles and deeds (atty castro)

7/30/2019 Land Titles and Deeds (Atty Castro)

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LAND TITLES AND DEEDSUC-BAR-OPS 2011

Atty. Rachel Tenefrancia-Castro

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LAND TITLES AND DEEDS

The Regalian doctrinedoes not negate NATIVE TITLE to lands held in private

ownership since time immemorial. In Carino vs. Insularthe Supreme Court ruledand recognized the existence of native title to land, or ownership of land byFilipinos b virtue of possession under a claim of ownership since timeimmemorial and independent of any grant from the Spanish Crown as anexception to the theory ofjura regalia.

Registration does not vest title. It is merely evidence of such title over aparticular land. Our land registration laws does not give the holder any better titlethan what he actually has.

Registration is not a mode of acquiring ownership but is merely a procedure to

establish evidence of title over realty. It is merely evidence of ownershippreviously conferred by any of the recognized modes of acquiring ownership.

A certificate of title issued pursuant to a public land patent has the same validityand efficacy as a certificate of title issued through ordinary registrationproceedings.

A certificate of title shall not be subject to collateral attack nor shall it be altered,modified or cancelled except in a direct proceeding in accordance with law.

Private corporations or associations may not hold such alienable lands of the

public domain except by lease, for a period not exceeding 25 years, renewablefor not more than 25 years and not to exceed 1,000 hectares in area.

Private corporations or associations are disqualified from acquiring alienablelands of the public domain. However, where at the time the corporation acquiredthe land, its predecessor-in-interest had been in possession and occupationthereof in the manner and for the period prescribed by law as to entitle him toregistration in his name, then the proscription against corporations acquiringalienable lands of the public domain except through lease does not apply for theland was no longer public land but private property.

If the possession of alienable and disposable land commenced only after June12, 1945, one can still apply for registration of the property through prescription(Sec. 14[2] PRD). Properties classified as alienable public land may beconverted into private property by ordinary prescription of 10 years orextraordinary prescription of 30 years, without need of title or good faith.

Application for confirmation of title under the PRD:


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1. The public shall be given notice of the initial hearing by means ofpublication, mailing and posting. The requirement of giving notice by all threemodes is MANDATORY.

Purpose of publication- (a) to confer jurisdiction upon the court overthe res; and (b) to apprise the whole world of the pendingregistration case so that they may assert their rights or interests inthe land, if any, and oppose the application, if so minded.

A land registration is a proceeding in rem, and the proceedingrequires constructive seizure of the land as against all persons,including the state.

Publication is a newspaper is necessary to accord with the dueprocess requirement. Publication in a newspaper of generalcirculation remains an indispensable procedural requirement.

2. AMENDMENT OF THE APPLICATION - Where the amendment consistsin a substantial change in the boundaries or increase in area of land, or involvethe inclusion of additional are, the amendment shall be subject to the samerequirement of publication and notice as in the case of an original application.

Where no publication has even been made except the initial publication,and this did not include the additional area, the registration court had no

jurisdiction over the said included and additional area and its adjudication to theapplicant over the additional area is a nullity.

3. ORDER OF GENERAL DEFAULT if no person appears and answerswithin the time allowed, the court shall, up[on motion of the application, order adefault to be entered and require the applicant to present evidence. The noticestates :TO ALL WHOM IT MAY CONCERN - all the world are made partiesdefendants and shall be included in the default order, the general default isaddressed to the whole world.

4. ORDER OF SPECIAL DEFAULT when an appearance has beenentered and an answer filed, a default order shall be entered against personswho did not appear and answer. This special order of default is directed only

against those who did not enter their appearance and file an answer.

5. WHEN JUDGMENT BECOMES FINAL the judgment rendered in a landregistration case becomes final upon the expiration of fifteen (15) days to becounted from the date the party concerned receives notice thereof, including theSolicitor General who appears for the State.

6. Writ of possession in land registration cases


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After the registration of a land is decreed in favor of the applicant, he aswell as any subsequent purchaser of the property has the right to the title andpossession of the land, and to that end he may ask the proper court for theissuance of a writ of possession, provided the same has not been issued before.

A writ of possession may be issued not only against the person who hasbeen defeated in a registration case but also against anyone unlawfully andadversely occupying the land or any portion thereof DURING the land registrationproceedings UP TO THE ISSUANCE of the final decree.

7. Writ will NOT issue against persons taking possession AFTER issuance offinal decree

When the parties against whom a writ of possession is sought entered intopossession after the issuance of the final decree, and none of them had been aparty in the registration proceedings, the writ of possession will, not issue. Aperson who took possession of the land after final; adjudication of the same inregistration proceedings cannot be summarily ousted through a writ ofpossession secured by a mere motion and that regardless of any title or lack oftitle of persons to hold possession of the land in question, they cannot be oustedwithout giving them their day in court in proper independent proceedings. Theremedy is to institute a separate action for unlawful entry or detainer or forreinvindicatory action, as the case may be.

8. Decree of registration cannot be issued until after the judgment becomesfinal - Execution pending appeal is not applicable in land registrationproceedings. It is fraught with dangerous consequences. Innocent purchasersmay be misled into purchasing real properties upon reliance on a judgment whichmay be reversed on appeal.

9. The Torrens title becomes indefeasible and incontrovertible after one yearfrom the issuance of the decree.

10. REMEDIES of aggrieved party:

a. Motion for new trial or reconsideration within the period for taking

an appeal (15 days from receipt of the decision)

GROUNDS (FAME ; newly discovered evidence)

b. Appeal within 15 days from receipt of a copy of the decision

c. Relief from judgment or relief from denial of appeal


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Verified, filed within 60 days after the petitioner learns of thejudgment, final order, or other proceeding to be set aside, and notmore than 6 months after such judgment or final order was entered,or such proceeding was taken

d. Review of Decree (Sec. 32 PD 1529)

Within one (1) year from the issuance of the decree of registrationand that the registration was procured through actual fraudprovided that the property has not passed to an innocentpurchaser for value

e. Reconveyance (Sec. 53 and 96) provided the property has notpassed to an innocent purchaser for value

f. Damages (Sec. 32)g. Claim against the Assurance Fundh. Reversion (Sec. 101, CA No. 141i. Annulment of Judgmentk. Criminal Prosecution under the Revised Penal Code

11. CADASTRAL PROCEEDINGS in the absence of fraud, title to land incadastral proceedings is vested on the owner, upon the expiration of the periodto appeal from the decision or adjudication by the cadastral court, without suchappeal being perfected, and from that time the land becomes registered propertywhich cannot be lost by adverse possession.

12. Prohibition against alienation of lands acquired under the HOMESTEADand FREE PATENT Provisions

Sec. 118. Except in favor of the government or any of its branches, unitsor institutions or legally constituted banking corp. lands acquired under the freepatent or homestead provisions shall not be subject to encumbrance or alienationfrom the date of the approval of the application and for a term of five years fromand after the date of issuance of the patent or grant nor shall they become liableto the satisfaction of any debt contracted prior to the expiration of said period; butimprovements or crops on the land may be mortgaged or pledged to qualified

persons, associations, or corporations.

No alienation, transfer, or conveyance of any homestead after 5 years andbefore 25 years after the issuance of title shall be valid without he approval of theSecretary of Agriculture and Natural Resources, x x x.


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