land titles - end lectures

7/31/2019 Land Titles - End Lectures

1/72


2/72

COVERAGE

V. Subsequent Registration

A. Voluntary dealings

B. Involuntary dealings


3/72

SUBSEQUENT REGISTRATION

SUBSEQUENT REGISTRATION refers toincidental matters arising after originalregistration.

Dealings subsequent to original registration maybe VOLUNTARY or INVOLUNTARY.


4/72

RULES AS TO THE NECESSITY AND EFFECTS

OF REGISTRATION IN GENERAL

Except a will that purports to convey or affect registeredland, the mere execution of the deeds of sale, mortgage,or lease or other voluntary documents serve 2 purposes: As a contract between the parties thereto; and

As evidence of authority to the ROD to register suchdocuments

It is only the act of registering the instrument in theROD of the province or city where the land lies which isthe operative act which conveys ownership or affects theland insofar as third persons are concerned.

The act of registration creates a constructive notice tothe whole world of such voluntary or involuntaryinstrument or court writ or process.


5/72

DISTINCTIONS

VOLUNTARY INVOLUNTARY

Refer to deeds, instruments,or documents which are theresults of the free and

voluntary acts of the partiesthereto

Refer to such writs, ordersor processes issued by acourt affecting registeredland, which by law shouldbe registered to be effective,and such instruments which

are not the willful acts ofthe registered owner andwhich may have beenexecuted without his

knowledge or consent


6/72


INCLUDES: Sale

Real property mortgage

Lease

Pacto de retro sale

Extra-judicial settlement

Free patent/homestead

Powers of attorney

Trusts

Attachment Injunction

Mandamus

Sale on execution ofjudgment

Sales for taxes

Adverse claims

Notice of lis pendens

Eminent Domain


7/72


An innocent purchaser for

value of registered landbecomes the registeredowner the moment hepresents and files a dulynotarized and valid deed ofsale and the same is enteredin the day book and at the

same time he surrenders orpresents the ownersduplicate certificate of titlecovering the land sold and

pays the registration fees

Entry thereof in the day

book of the ROD may besufficient notice to allpersons even if the ownersduplicate certificate of titleis not presented to theROD


8/72


There is a need to present

title to record the deed in theregistry and to makememorandum on the title.

No presentation required;

annotation in entry book issufficient.

Registration is effective once

the ODCT is submitted withthe payment of fees. Once itis registered in the DAYBOOK and is annotatedbehind the title, the voluntarytransaction is deemedregistered and it would affect

third parties.

Registration for involuntary

transactions is effective onceit is entered in the day bookof the Register of Deeds.


9/72

PRIMARY ENTRY BOOK Section 56. Primary Entry Book Each Register of Deeds shall keep

a primary entry book in which, upon payment of the entry fee, he

shall enter, in the order of their reception, all instruments includingcopies of writs and processes filed with him relating to registered land.He shall, as a preliminary process in registration, note in such bookthe date, hour and minute of reception of all instruments, in the orderin which they were received. They shall be regarded as registered fromthe time so noted, and the memorandum of each instrument, whenmade on the certificate of title to which it refers, shall bear the samedate.

Every deed or other instrument, whether voluntary or involuntary, so

filed with the Register of Deeds shall be numbered and indexed andendorsed with a reference to the proper certificate of title. All recordsand papers relative to registered land in the office of the Register ofDeeds shall be open to the public in the same manner as court records,subject to such reasonable regulations.


10/72

VOLUNTARY DEALINGS

Section 51. Conveyance and other dealings by registeredowner. An owner of registered land may convey, mortgage,lease, charge or otherwise deal with the same in

accordance with existing laws. He may use such forms ofdeeds, mortgages, leases or other voluntary instruments asare sufficient in law. But no deed, mortgage, lease, orother voluntary instrument, except a will purporting to

convey or affect registered land, shall take effect as aconveyance or bind the land, but shall operate only as acontract between the parties and as evidence of authority

to the Register of Deeds to make registration.


11/72

The ACT OF REGISTRATION shall be the

operative act to convey or affect the land insofar as third

persons are concerned, and in all cases under this Decree,

the registration shall be made in the office of the Registerof Deeds for the province or city where the land lies.


12/72

FORGED DEEDS

Although, generally, a forged or fraudulent deed isa nullity and conveys no title, however, there areinstances where such a fraudulent document may

become the root of a valid title. One such instanceis where the certificate of title was alreadytransferred from the name of the true owner to the

forger, and while it remained that way, the landwas subsequently sold to an innocent purchaser(FULE versus LEGARE, 7 SCRA 351 [1963]).


13/72

CHAIN OF TITLE THEORY

The Chain of Title Theory is an approach todetermining validity of title where forged deedsare involved.

It examines the comparative negligence of theparties.


14/72

EXAMPLE 1: Suppose Bianca owns a piece of landand she has a certificate of title. Bianca migrates to theUS and leaves the title to Kim. Kim forges the deed ofsale making it appear that Bianca sold the land to her.Kim presents the forged deed and ODCT to theRegister of Deeds. As a result, the Register of Deeds

cancelled Bianca's title and issues a new title to Kim.Assuming that Bianca comes back and finds out theforgery and subsequent sale, Can Bianca recover thetitle from Kim?

YES, because the forged deed does not give any rights to

Kim.


15/72

EXAMPLE 2: Taking into consideration thefacts in EXAMPLE 1, Kim now sells the land to

another person Maja. Maja now registers theland presenting the TCT and the Deed of Sale tothe Register of Deeds. Maja successfully obtainsa title in her name. Bianca comes back and finds

out. Can Bianca recover from Maja?

NO, because in the meantime an innocent purchaser for

value was able to get title to the property. As betweenBianca and Maja, Maja is not negligent since she is notaware of what happened. The one who is negligent here isBianca for entrusting her title to Kim.


16/72

EXAMPLE 3: Bianca has title over a parcel of land. Onenight, a thief Kim steals Bianca's title. The thief goes to theprovince and claims that she is Bianca and sells Bianca'stitle to Maja. Kim here, forges the signature of Bianca.Maja registers the property with the forged deed and thegenuine title and successfully obtains a title in her name.

Later on Bianca, traces the title and goes after Maja. CanBianca file an action for reconveyance against Maja?

YES. Bianca is not negligent in this case. She lost title because of a

fortuitous event. Maja is negligent since she failed to ascertain theidentity of Kim. Note that Maja has the duty to ascertain the identity

of the seller and/or the owner. Since Maja is negligent, she cannot be

considered as an innocent purchaser for value.


17/72

EXAMPLE 4: Suppose Kim steals the title from Bianca,then Kim forges the deed making it appear that Bianca hassold the property to her. Kim obtains title. Kim later onsells the property to Maja. In this case, Maja is transacting

with the right person because it appears in the title that theowner is already Kim. Maja is not aware that Kim forged

the deed of sale between her and Bianca. Suppose thatMaja obtains a title by the Deed of Sale between Kim andMaja and the title obtained by Kim from the Register ofDeed.

In this case, Maja is not aware, neither was she negligent. Bianca is

also not negligent since it was stolen from she. In the Torrens System,

Maja would be preferred.


18/72

The chain of title theory is applicable only in case aforged deed becomes the basis for the issuance of

a certificate of title.

The chain of title theory is not applicable where

the transferee of the forger is not an innocentpurchaser for value and in good faith.


19/72

BAR QUESTION 1999

The spouses X and Y mortgaged a piece of registeredland to A, delivering as well the OCT to the latter, butthey continued to possess and cultivate the land, giving1/2 of each harvest to A in partial payment of their

loan to the latter, A, however, without the knowledgeof X and Y, forged a deed of sale of the aforesaid landin favor of himself, got a TCT in his name, and thensold the land to B, who bought the land relying on A'stitle, and who thereafter also got a TCT in his name. It

was only then that the spouses X and Y learned thattheir land had been titled in B's name. May said spousesfile an action for reconveyance of the land in questionagainst b? Reason. (5%)


20/72

The action of X and Y against B for reconveyance of the land will not prosperbecause B has acquired a clean title to the property being an innocent purchaser forvalue.

A forged deed is an absolute nullity and conveys no title. The act that the forgeddeed was registered and a certificate of title was issued in his name, did not operateto vest upon an ownership over the property of X and Y. The registration of the

forged deed will not cure the infirmity. However, once the title to the land is

registered in the name of the forger and title to the land thereafter falls into thehands of an innocent purchaser for value, the latter acquires a clean title thereto.

A buyer of a registered land is not required to explore beyond what the record inthe registry of title indicates on its face in quest for any hidden defect or inchoateright which may subsequently defeat his right thereto. This is the "mirrorprincipleof the Torrens system which makes it possible for a forged deed to be theroot of a good title. Besides, it appears that spouses X and Y are guiltyof contributory negligence when they delivered this OCT to the mortgagee withoutannotating the mortgage thereon. Between them and the innocent purchaser forvalue, they should bear the loss.


21/72

REQUIREMENT FOR VOLUNTARY DEALINGS

Section 53. Presentation of owner's duplicate upon entry of newcertificate. No voluntary instrument shall be registered by the Registerof Deeds, unless the owner's duplicate certificate is presented with suchinstrument, except in cases expressly provided for in this Decree or

upon order of the court, for cause shown.

The production of the owner's duplicate certificate, whenever anyvoluntary instrument is presented for registration, shall be conclusiveauthority from the registered owner to the Register of Deeds to enter anew certificate or to make a memorandum of registration inaccordance with such instrument, and the new certificate ormemorandum shall be binding upon the registered owner and upon all

persons claiming under him, in favor of every purchaser for value and

in good faith.


22/72

FULL CONVEYANCE OF OWNERSHIP

Under Section 57, an owner desiring to convey his registered land in

fee simple (FULL OWNERSHIP) shall execute and register a deedof conveyance in a form sufficient in law (PUBLICINSTRUMENT);

The Register of Deeds shall thereafter: Make out in the registration book a new certificate of title to the grantee and

shall prepare and deliver to him an owner's duplicate certificate;

Note upon the original and duplicate certificate the date of transfer, thevolume and page of the registration book in which the new certificate isregistered and a reference by number to the last preceding certificate;

Stamp as "canceled" the original and the grantor's duplicate certificate of title.

The deed of conveyance shall be filed and indorsed with the numberand the place of registration of the certificate of title of the land

conveyed.


23/72

CONVEYANCES OF PORTIONS ONLY

Under Section 58, if a deed or conveyance is for a partonly of the land described in a certificate of title, theRegister of Deeds shall not enter any transfer certificateto the grantee until a subdivision plan of such landshowing all the subdivided portions or lots and thecorresponding technical descriptions shall have been

verified and approved pursuant to Section 50;

In the meantime, such deed may only be annotated byway of memorandum upon the grantor's certificate oftitle, original and duplicate. Said memorandum to serveas a notice to third persons of the fact that certainunsegregated portion of the land described therein hasbeen conveyed;


24/72

Upon the approval of the plan and technicaldescriptions, the original of the plan, together with acertified copy of the technical descriptions shall be filed

with the Register of Deeds for annotation in thecorresponding certificate of title and thereupon saidofficer shall: Issue a new certificate of title to the grantee for the portion

conveyed, and at the same time cancel the grantor's certificate

partially with respect only to said portion conveyed; or If the grantor desires, his certificate may be canceled totally

and a new one issued to him describing therein the remainingportion; or

If also desired by the grantor, instead of canceling the his

certificate and issuing a new one for the remainingunconveyed lots, the ROD may enter the certificate amemorandum of the deed of conveyance and of the issuanceof the transfer certificate to the grantee for the lot or lots thusconveyed, and that the grantor's certificate is canceled as to

such lot or lots.


25/72

CARRY OVER

Section 59. Carry over of encumbrances. If, at the time of

any transfer, subsisting encumbrances or annotations

appear in the registration book, they shall be carried over

and stated in the new certificate or certificates; except sofar as they may be simultaneously released or discharged.


26/72

REGISTRATION OF CONVEYANCES

SUMMARY OF PROCEDURE

File the instrument creating or transferring the interestand the certificate of title with ROD, including:

Owners duplicate;

Payment of fees and documentary stamp tax; Evidence of full payment of real estate tax;

Document of transfer: 1 additional copy for city/provincialassessor

ROD shall make a memorandum on the Ownersduplicate certificate of title, signed by him;

Issuance of the TCT.


27/72

DEALINGS LESS THAN OWNERSHIP

Section 54. Dealings less than ownership, how registered.No new certificate shall be entered or issued pursuant toany instrument which does not divest the ownership or titlefrom the owner or from the transferee of the registered

owners. All interests in registered land less than ownershipshall be registered by filing with the Register of Deeds theinstrument which creates or transfers or claims suchinterests and by a brief memorandum thereof made by theRegister of Deeds upon the certificate of title, and signed byhim. A similar memorandum shall also be made on theowner's duplicate. The cancellation or extinguishment of

such interests shall be registered in the same manner.


28/72

COMPARATIVE PROCEDURE

SUMMARY

Conveyance Of

Ownership

Conveyance of Less

than Ownership

Basis Execution of a public instrument and itsregistration with the ROD where the land issituated

Presentationrequirement

Requires the presentation of the duplicatecertificate


29/72

Conveyance Of

Ownership

Conveyance of Less than

Ownership

Action ofROD onoriginaltitle

IF FULL ownership isconveyed, the RODcancels the original andthe owners duplicatecertificate.

IF conveyance is for aPORTION only, theROD may cancel or

merely make amemorandum on theoriginal and the ownersduplicate certificate.

The ROD merelymakes a memorandumon the original and theowners duplicate

certificate


30/72

Conveyance Of

Ownership

Conveyance of Less

than Ownership

New titles

issued

If full ownership is

conveyed, the grantee isissued his own

certificate of title after

the owners title is

cancelled.If only a portion is

conveyed, there may be

the issuance of a TCT

to the grantee

depending on the time

and choice of the

parties.

No new certificate shall

be entered or issuedpursuant to any

instrument which does

not divest the ownership

or title from the owner.


31/72

REAL MORTGAGES

EFFECT OF REGISTRATION Creates a LIEN that attaches to the property in favor of the mortgagee;

CONSTRUCTIVE NOTICE of his interest in the property to the wholeworld.

EFFECT OF FAILURE TO REGISTER Valid between parties but void against 3rd persons

Actual knowledge has the same effect as registration

CANCELLATION OF MORTGAGE. A mortgage or lease onregistered land may be discharge or canceled by means of aninstrument executed by the mortgage or lessee in a form sufficient inlaw, which shall be filed with the Register of Deeds who shall makethe appropriate memorandum upon the certificate of title.


32/72

REGISTRATION OF LEASE

It is the lessee, not the lessor, who is required toinitiate the registration.

NOTE: When there is prohibition in mortgagedproperty as regards subsequent conveyances, etc.,leasehold cannot be registered in the title thereof

EFFECT OF REGISTRATION OF LEASE

Creates a real right but without prejudice to rights of3rd persons;

If it is not registered, it is valid as between parties butnot to 3rd persons without notice.


33/72

REGISTRATION OF

POWERS OF ATTORNEY Section 64. Power of attorney. Any person may, by

power of attorney, convey or otherwise deal with

registered land and the same shall be registeredwith the Register of Deeds of the province or city

where the land lies. Any instrument revoking such

power of attorney shall be registered in likemanner.


34/72

REGISTRATION OF TRUST

EXPRESS TRUST:

Section 65. Trusts in registered land. If a deed or other instrumentis filed in order to transfer registered land in trust, or upon anyequitable condition or limitation expressed therein, or to create ordeclare a trust or other equitable interests in such land without

transfer, the particulars of the trust, condition, limitation or otherequitable interest shall not be entered on the certificate; but only amemorandum thereof shall be entered by the words "in trust", or"upon condition", or other apt words, and by a reference by number

to the instrument authorizing or creating the same. A similarmemorandum shall be made upon the original instrument creatingor declaring the trust or other equitable interest with a reference bynumber to the certificate of title to which it relates and to the volume

and page in the registration book in which it is registered.


35/72

IMPLIED TRUST:

Section 68. Implied, trusts, how established. Whoeverclaims an interest in registered land by reason of any

implied or constructive trust shall file for registration

with the Register of Deeds a sworn statement thereof

containing a description of the land, the name of the

registered owner and a reference to the number of the

certificate of title. Such claim shall not affect the title of

a purchaser for value and in good faith before itsregistration.


36/72

SETTLEMENT AND

PARTITIONS OF ESTATE

A person may die testate or intestate. If a person dieswith a will, the proper procedure will be to file a petitionfor allowance of a will (probate proceedings). Under Rule76, if the court is satisfied, upon proof taken and filed,

that the will was duly executed, and that the testator atthe time of its execution was of sound and disposingmind, and not acting under duress, menace, and undueinfluence, or fraud, a certificate of its allowance, signedby the judge, and attested by the seal of the court shall be

attached to the will. The will and certificate will be filedand recorded by the clerk of court.

Attested copies of the will devising real estate and ofcertificate of allowance thereof, shall be recorded in the

Register of Deeds of the province in which the lands lie.


37/72

DEALINGS BY EXECUTOR OR

ADMINISTRATOR

If allowed by the will:

Section 90. When executor empowered by will to sell, etc.When the will of a deceased owner of registered lands, or

an interest therein, empowers the executor to sell, convey,encumber, charge or otherwise deal with the land, acertified copy of the will and letters testamentary beingfiled as provided in this Decree, such executor may sell,convey, encumber, charge or otherwise deal with the landpursuant to the power in like manner as if he wereregistered owner, subject to the terms and conditions and

limitations expressed in the will.


38/72

If not allowed by the will:

Section 88. Dealings by administering subject to courtapproval. After a memorandum of the will, if any, and

order allowing the same, and letters testamentary or

letters of administration have been entered upon thecertificate of title as hereinabove provided, the executor or

administrator may alienate or encumber registered land

belonging to the estate, or any interest therein, upon

approval of the court obtained as provided by the Rules of

Court.


39/72

EXTRAJUDICIAL SETTLEMENT OF ESTATE

In essence, extrajudicial settlements of estate are not conveyances of property

but mere assignments of property among heirs called to succeed the estate of adeceased person. The procedure is governed by Rule 74.

Thus, if the decedent left no will and no debts and the heirs are all of age, orthe minors are duly represented by their guardians, the parties may, withoutsecuring letters of administration, divide the estate among themselves as they

see fit by means of a public instrument filed with the Register of Deeds.

In the case of disagreement among the heirs, they may settle the estate in anordinary action of partition.

If there is only one heir, he may adjudicate to himself the entire estate by meansof an affidavit filed in the office of the Register of Deeds.

The fact of the extrajudicial settlement or adjudication shall be published in anewspaper of general circulation once a week for three (3) consecutive weeks.


40/72

LIEN UNDER RULE 74

Under Section 86 of PD 1529, when a deed of extrajudicialsettlement has been duly registered, the Register of Deedsshall annotate on the proper title the two-year lienmentioned in Section 4 of Rule 74 of the Rules of Court.

Sec. 4. Liability of distributees and estate. XXX If, within thesame time of two (2) years, it shall appear that there are debtsoutstanding against the estate which have not been paid, or that an

heir or other person has been unduly deprived of his lawfulparticipation payable in money, such real estate shall remain chargedwith a liability to creditors, heirs, or other persons for the full period oftwo (2) years after such distribution, notwithstanding any transfers of

real estate that may have been made.


41/72

Upon the expiration of the two-year period andpresentation of a verified petition by theregistered heirs, devisees or legatees or any otherparty in interest that no claim or claims of anycreditor, heir or other person exist, the Registerof Deeds shall cancel the two-year lien noted on

the title without the necessity of a court order.The verified petition shall be entered in thePrimary Entry Book and a memorandumthereof made on the title.

No extrajudicial settlement shall be bindingupon any person who has not participatedtherein or had no notice thereof.

COMMON PUBLICATION REQUIREMENT


42/72

Q No deed of extrajudicial settlement or affidavit of adjudication

shall be registered unless the fact of extrajudicial settlement oradjudication is published once a week for three consecutive

weeks in a newspaper of general circulation in the provinceand proof thereof is filed with the Register of Deeds. Theproof may consist of the certification of the publisher, etc. ora copy of each week's issue of the newspaper wherein thepublication appeared.

ISSUANCE OF TITLE TO HEIRS Section 92. Registration of final distribution of estate. A certified copy of

the partition and distribution, together with the final judgment or order ofthe court approving the same or otherwise making final distribution,

supported by evidence of payment of estate tax or exemption therefrom, asthe case may be, shall be filed with the Register of Deeds, and upon the

presentation of the owner's duplicate certificate of title, new certificates oftitle shall be issued to the parties severally entitled thereto in accordancewith the approved partition and distribution.


43/72

INVOLUNTARY DEALINGS

Involuntary dealings are transactions affectingland in which cooperation of registered owner isnot needed. Involuntary dealings may even be

against the will of the registered owner.


44/72

ATTACHMENT

A writ issued at the institution or during progress ofan action commanding the sheriff to attach theproperty, rights, credits or effects of the defendant tosatisfy demands of the plaintiff;

It is a mesneprocess, liable to be dissolved at any timeand the judgment upon which may or may not affectthe property seized.

The kinds of attachment are: Preliminary;

Garnishment;

Levy on execution.

REGISTRATION OF ATTACHMENT


45/72

REGISTRATION OF ATTACHMENT

Copy of writ in order may be filed with Register of Deeds where landlies, containing the number of the certificate of title to be affected

Register of Deeds will index attachment in the names of bothplaintiff and defendant or the name of a person whom property isheld or in whose name stands in the records

If duplicate of certificate of title is not presented:

Register of Deeds shall within 36 hours, send notice to registered owner bymail stating that there has been registration and requesting him to produceduplicate so that memorandum be made;

If owner neglects or refusesRegister of Deeds shall report matter to court;

The court, after notice, shall enter an order to owner to surrender certificate at

time and place to be named therein. Although notice of attachment is not noted in duplicate, notation in

book of entry of Register of Deeds produces effect of registrationalready.

CTS O ST T O


46/72

EFFECTS OF REGISTRATION

OF ATTACHMENT

Creates a real right over the property;

The attachment has priority over execution sale.However, between two attachments, one that is

earlier in registration is preferred;

If not registered, actual knowledge of theproperty owner is same as registration.


47/72

DUTY OF REGISTER OF DEEDS

Basically MINISTERIAL but may refuseregistration in following cases:

Title to land is not in the name of defendant;

No evidence is submitted to show that the Defendanthas a present or possible future interest in land, except:If the Defendant is an heir.

Any interest which defendant has or might have

in property may be attached even if said interestbe indeterminate because of the pendency of theliquidation estate of his decedent (PACIFIC

COMMERCIAL versus GEAGA, 69 Phil. 64)

HOW DISSOLVED


48/72

HOW DISSOLVED Section 72. Dissolution, etc. of attachments, etc.

Attachments and liens of every description upon registered

land shall be continued, reduced, discharged and dissolved

by any method sufficient in law, and to give effect to thecontinuance, reduction, discharge or dissolution thereof the

certificate or other instrument for that purpose shall be

registered with the Register of Deeds.


49/72

ATTACHMENT MAY BE ON:

EXECUTION SALE

To enforce a lien of any description on registeredland, any execution or affidavit to enforce such lien

shall be filed with Register of Deeds where land lies Register in registration book and memorandum upon

proper certificate of title as adverse claim or as anencumbrance

To determine preferential rights between 2 liens:priority of registration of attachment

TAX SALE


50/72

TAX SALE Sale of land for collection of delinquent taxes and

penalties due the government

IN PERSONAM (all persons interested shall benotified so that they are given opportunity to beheard)

Notice to be given to delinquent tax payer at his last

known address Publication of notice must also be made and posted

in a public and conspicuous place wherein property issituated and at the main entrance of provincialbuilding

Sale cannot affect rights of other lien holders unlessgiven right to defend their rights: due process mustbe strictly observed

Tax lien is superior to ordinary attachment.


51/72

REGISTRATION OF TAX LIEN

There is no need to register tax lien because it isautomatically registered once the tax accrues. Realestate taxes, if unpaid, creates a statutory lien on the

property pursuant to Section 44 of PD 1529. As toother taxes, liability therefor creates liens, claims orrights arising or existing under the laws andConstitution of the Philippines which are not by lawrequired to appear of record in the Registry of Deeds in

order to be valid against subsequent purchasers orencumbrancers of record.

However, the sale of registered land to foreclose a taxlien needs to be registered.

PROCEDURE OF


52/72

PROCEDURE OF

REGISTRATION OF TAX SALE

Officers return shall be submitted to Register of Deedstogether with duplicate title

Register in registration book Memorandum shall be entered in certificate as an

adverse claim or encumbrance After period of redemption has expired and no

redemption (2 years from registration of auction sale),the owners title is cancelled and a new one is issued to

the buyer; Before cancellation, notice shall be sent to registered

owner directing him to surrender his title and to showcause why it should not be cancelled;

COMMON POINTS:


53/72

COMMON POINTS:

ATTACHMENTS AND LIENS

The surrender of the duplicate certificate is still required, asmuch as possible. If the owner refuses, the Register of Deedsdirects him to produce it. If the owner does not comply, thecourt, after report of such fact from the Register of Deeds,

will issue an order to produce the certificate. If the owner still

refuses, the court may enforce the order by suitable process; Attachments and liens are all required to be registered, except

tax liens;

The order, instrument or process dissolving the attachments

or liens must also be registered;

If property is sold on execution after the attachments or liensare found meritorious and proper, the orders, instruments orprocesses that allowed the sale must also be registered.


54/72

ADVERSE CLAIM

A NOTICE OF ADVERSE CLAIM is a swornstatement that is filed with the Register of Deeds inorder to protect the rights of the adverse claimant, andto put the public to notice about the claim. This can be

done if the claimant has a claim of real right on theproperty itself.

EFFECTIVITY. In PD 1529, it is stated that a noticeof adverse claim is effective only for a 30-day period.

HOWEVER, new decisions of the Supreme Court havestated that, even after the 30-day period has lapsed, ifthe notice of adverse claim has not yet been cancelledby a petition, it is still effective.


55/72

EFFECT

As long as the notice of adverse claim is ineffect, there are no innocent purchasers forvalue (since it is deemed that they have notice ofsuch a claim).

However, once there has been an order tocancel the adverse claim, provided that (1) apetition for cancellation was filed; (2) upon due

notice and hearing, the notice of adverse claimloses its effect.

REGISTRATION


56/72

REGISTRATION

OF LIS PENDENS

The purpose of a notice of lis pendens (pendinglitigation) is to keep the subject matter withinthe power of the court until the entry of final

judgment. As such it creates merely acontingency and not a lien on the propertysubject to litigation.


57/72

EFFECTS OF REGISTRATION

While the property may be alienated, thepurchaser will still be subject to final outcomeof pending suit and secures title subject to the

contingency; The Register of Deeds is duty bound to carry

over the notice oflis pendenson all new titles tobe issued.

Note that mere registration of the notice issufficient even if the duplicate certificate is notsurrendered.

CANCELLATION OF LIS PENDENS


58/72

CANCELLATION OF LIS PENDENS

Before final judgment, the court may order

cancellation after showing that the notice wasonly for the purpose of molesting an adverseparty or it is not necessary to protect rights of

party who caused it to be registered; Register of Deeds may also cancel the notice of

lis pendens by a verified petition of the partywho caused such registration;

It is also deemed cancelled upon the registrationof a certificate of the clerk of court stating themanner of disposal of the proceeding.

OTHERS


59/72

OTHERS INSOLVENCY(See Sections 83 and 84)

EMINENT DOMAIN Section 85. Land taken by eminent domain. Whenever any registered land, or

interest therein, is expropriated or taken by eminent domain, the NationalGovernment, province, city, municipality, or any other agency or instrumentalityexercising such right shall file for registration in the proper Registry a certified copy

of the judgment which shall state definitely, by an adequate description, theparticular property or interest expropriated, the number of the certificate of title,and the nature of the public use. A memorandum of the right or interest takenshall be made on each certificate of title by the Register of Deeds, and where the feesimple title is taken, a new certificate shall be issued in favor of the National

Government, province, city, municipality, or any other agency or instrumentalityexercising such right for the land so taken. The legal expenses incident to thememorandum of registration or issuances incident to the memorandum ofregistration or issuance of a new certificate shall be for the account of the authoritytaking the land or interest therein.


60/72

UNREGISTRABLE PROPERTIES

BUREAU OF FORESTRY versus CA

53 SCRA 351 (1987)

As provided for under Sec. 6 of CA 141, which was lifted fromAct 2874, the classification or reclassification of public lands intoalienable or disposable, mineral, or forest lands is now a

prerogative of the Executive Department of the government and

not the courts. With these rules, there should be no more room fordoubt that it is not the court which determines the classification oflands of the public domain into agricultural, forest or mineral butthe Executive Branch of the government, through the Office of thePresident.

REPUBLIC versus VERA


61/72

REPUBLIC versus VERA

120 SCRA 210 (1983)

A parcel of forest land is within the exclusive jurisdiction of theBureau of Forestry and beyond the power and jurisdiction of thecadastral court to register under the Torrens system.

REPUBLIC versus HEIRS OF ALEJAGA

393 SCRA 361 (2002)

The State has an imprescriptible right to cause the reversion of a pieceof property belonging to the public domain if title has been acquiredthrough fraudulent means.

T


62/72

REPUBLIC versus SOUTHSIDE HOMEOWNERS

G.R. No. 156951 & 173408, September 22, 2006

Proclamation No 423, which established a military reservation known as FortWilliam McKinley later renamed Fort Bonifacio Military Reservation, was issuedby former President Carlos Garcia. Areas specified in the Proclamation werewithdrawn from sales and settlements and were reserved for military purposes.Several presidential proclamations would later be issued excluding certain definedareas from the operation of Proclamation 423.

What is mainly sought to be declared as a nullity in this petition is the title over theparcels of land that are referred to as JUSMAG housing are in Fort Bonifacio beingoccupied by active and retired military officers and their families. SHAI, a non-stockcorporation consisting mostly of wives of military officers, was able to secure title inits name over the bulk, if not the entire, JUSMAG area. The TCT was issued by theRizal Registry on the basis of a notarized deed of sale purportedly executed by thenLand Management Bureau Director Abelardo Palad Jr. The investigation conductedby the DOJ, however, reported land scams at the FBMR and also finding that thesignature of Palad was forged.

In 1993, then President Ramos ordered the OSG to institute an action towards thecancellation of TCT No. 15084 in SHAIs name as well as the title acquired by theNavyOfficers Village Association (NOVA) over a bigger parcel of land within thereservation.

As regards the issue of inalienability, the Court upheld the contention


63/72

g f y, pof the Republic that the JUSMAG area is inalienable, the samehaving not effectively been separated from the military reservation and

declared as alienable and disposable. Until a given parcel of land isreleased from its classification as part of the military reservation zoneand reclassified by law or by presidential proclamation as disposableand alienable, its status as part of a military reservation remains,even if incidentally it is devoted for a purpose other than as a militarycamp or for defense.

SHAI had not pointed to any proclamation or legislative act for thatmatter segregating the property from the reservation and classifying thesame as alienable lands of public domain. Furthermore, theConstitution also forbids private corporations from acquiring anykind of alienable public land except through lease for a limited period.The whole conveyance process was also suspicious since the whole

process was accomplished only in one day.

DEALINGS WITH


64/72

DEALINGS WITH

UNREGISTERED LANDS

For unregistered lands, we still follow the deedsregistration system because, for some reason oranother, such lands cannot yet be or have not

yet been registered under the Torrens system.Thus, for dealings in unregistered lands, only theinstrument of conveyance is registered.

WHAT ARE DEEMED UNREGISTERED


65/72

WHAT ARE DEEMED UNREGISTEREDLANDS?Those lands that are not registered under the

Torrens system;

Those lands originally registered under the SpanishMortgage Law. The reason for the inclusion of thoselands is Presidential Decree No. 892, promulgatedon February 16, 1976, which discontinued theSpanish mortgage system of registration and of theuse of Spanish titles as evidence in land registrationproceedings;

Unregistered lands under PD 27, which declaredtenants-farmers as owners of certain portions of theland they till, but the obligations imposed by law

were not fulfilled by the grantees.


66/72

STATEMENT OF THE RULE

No deed, conveyance, mortgage, lease, or othervoluntary instrument affecting land notregistered under the Torrens system shall be

valid, except as between the parties thereto,unless such instrument shall have been recorded,in the manner prescribed under Section 113 of

PD 1529, in the office of the Register of Deedsfor the province or city where the land lies.

WHAT DEALINGS ARE COVERED?


67/72

WHAT DEALINGS ARE COVERED?

Both voluntary (Section 113) and involuntary dealings are covered.Tax sale, attachment and levy, notice of lis pendens, adverse claimand other instruments in the nature of involuntary dealings withrespect to unregistered lands, if made in the form sufficient in law,shall likewise be admissible to record under this section (Section113(d)).

The opening paragraph of Section 113 declares, in substance, that noinstrument or deed affecting rights to real property not registeredunder the Torrens system shall be valid except as between the partiesthereto, until such instrument or deed shall have been registered in

the manner prescribed therein. This provision cannot be interpretedto include conveyances made by ministerial officers, such as sheriffsdeeds.

It contemplates only instruments as may be created throughagreement between parties.

HOW IS RECORDING MADE?


68/72

HOW IS RECORDING MADE?

The Register of Deeds shall keep a primary entry

book and a registration book; The primary entry book shall contain an entry

number, names of parties, nature of the

document, and the date, hour and minute it waspresented;

The interested party shall present the instrumentto the Register of Deeds. If the Register of Deeds

finds the same to be in order, he will cause thesame to be registered. If found defective, theRegister of Deeds will refuse registration in

writing and cite the reason for his refusal.


69/72

The recording shall be effected by annotating onthe registration book after the same shall havebeen entered in the primary entry book;

After recording, the Register of Deeds shallendorse on the original of the instrument the filenumber and the date as well as the hour andminute when the instrument is received,returning to the registrant the duplicate of the

instrument with a certification that he hasrecorded the same.


70/72

REFUSAL OF REGISTRATION

Under Section 117, when the Register of Deeds is in doubt withregard to the proper step to be taken or memorandum to be made inpursuance of any deed, mortgage or other instrument presented tohim for registration, the question shall be submitted to theCommissioner of Land Registration by the Register of Deeds.

Where the instrument is denied registration, the Register of Deedsshall notify the interested party in writing, setting forth the defects ofthe instrument or legal grounds relied upon, and advising him that if

he is not agreeable to such ruling, he may, without withdrawing thedocuments from the Registry, elevate the matter by consulta withinfive days from receipt of notice of the denial of registration to theCommissioner of Land Registration.

RECORDING IS WITHOUT PREJUDICE TO


71/72

RECORDING IS WITHOUT PREJUDICE TO

A THIRD PERSON WITH BETTER RIGHT

The registration of an instrument affectingunregistered land binds third persons afterregistration but yields to third persons with

better rights acquired prior to registration. Inthis sense, registration has a limited barringeffect, the reason being no strict investigation is

involved under this process.

UNDER PD 266


72/72

UNDER PD 266 After the tenant-farmer shall have fully complied with the

requirements for a grant of title under Presidential DecreeNo. 27, an Emancipation Patent and/or Grant shall beissued by the Department of Agrarian Reform on the basisof a duly approved survey plan.

If the patent or grant affects unregistered lands previously

recorded under Section one, the filing of the EmancipationPatent and/or Grant with the Register of Deeds for theprovince or city where the land is situated, shall forthwithbring the land under the operation of Act 496 (Public Land

Act), as amended, and the same shall henceforth beconsidered registered lands. It shall thus be the duty of theRegister of Deeds, after the entry of the patent and/or grantin the corresponding registration book, to enter an originalcertificate of title for such registered land, and issue an

land titles - end lectures

Documents