ltd discussion.docx

Questions: 1. What is the lien imposed in case of certifica te of title deri ved from extra-judicial partition? 2. Would it be automatic or would it be applie d? 3. What is th is 2-y ear lie n all about? 4. What will happ en after 2 years? (process of extraju dicial partition) 5. If no one applies for the 2-year lie n. Will that be annotated? 6. The deb tor died, will his estat e be liable? 7. Who will administer i f the decease d left a w ill? No w ill? 8. What must the exec utor do before he may d eal with the land? 9. Could a cler ical mistake, a geog raphical error in the entry book be corrected? 10. Could it (typographical error, clerical error) be corrected even though it has been entered in the entry book and likewise in the TCT? What is the remedy? 11. Where is the money derived from (Assu rance fund) 12. What is the basis of ¼ of 1 % of what? 13. What is the purpose of Assurance fun d? 14. Person is deprived of property due to lapses. Is the assurance fund liable? 15. When is the Assurance fund liable? 16. Who is the defendant in case of an action against the assurance fund 17. What if the cause of damage is a third person? Who will be the defendants? 18. Would the assurance fund be liable for fraud caused by a third person? 19. Supposing the owner of the land has proven he was deprived without his negligence because of the f raud caused by a third person. Who would be the defendants? 20. In case of favorable decision to the owne r of the land may he claim or execute from the assurance fund 21. Supposing there is no third person involved and it was caused by the negligence of the employee or register of deeds. Who would be the defendants? 22. After the person has complied with t he requirements of CARL, what document will be given to the person? (not patent) 23. Is there such document, which would amount to evidence of ownership? (patent) 24. PD 27 - How many hectares is the reten tion limit? 25. CARL – How many hectares? 26. What is the difference between PD 27 and CARL as to the extent of coverage. (PD 27 – not more than 12, CARL – more than 12) Notes Patents Restriction on al ienation or encumbrance within 5 y ears fro m the time of the approval of patent MANDATORY if violated = null and void If after 5 years but within 25 y ears – with approval of Sec of DENR (ministerial, does not affect the validity of the contract of the sale, could be done after the deed of sale is made, cannot disapprove except for constitutional ground) Restrictions does not ap ply in the c ase of free p atent Purpose of free patent – provide land and way of living for the poor = in favor of the grantee of the patent. Not subject to e ncumbrance whether voluntary or involuntary Redemption of right – supposing the patentee sold the land after 5 years. He has the right the recover by redeeming within 5 years from the time it was conveyed. Only the patentee has the right to redeem if he is ALIVE. Spouse and heirs cannot redeem. Only after the death can the spouse or heirs have the right of redemption. After complying with all requirements – Patent shall be issued equivalent to a decree. Administrative proceeding b ut within the scope of the Torrens System. (Patentee must register with RD to be issued a title)

Upload: mcfalcantara

Post on 02-Jun-2018

215 views

Category:

Documents

0 download

Report

Download

Embed Size (px):

TRANSCRIPT

8/10/2019 LTD Discussion.docx

http://slidepdf.com/reader/full/ltd-discussiondocx 1/4

8/10/2019 LTD Discussion.docx

http://slidepdf.com/reader/full/ltd-discussiondocx 2/4

8/10/2019 LTD Discussion.docx

http://slidepdf.com/reader/full/ltd-discussiondocx 3/4

RA 6657 – “CARL of 1988” COVERAGE: all land whether owned by the

govt or individual. Regardless of thecommodity involved.

NOT COVERED: lands devoted forlivestock, poultry and swine, and homesteadlands.

Lands by LGU – must be securedby the land reform.

RedemptionOwner – 5 hectaresChildren – 3 hectares. Provided – child is actually tilling the

land and cultivating the land

Who has the right to choose the land?o OWNER of the land.o Option of the tenant – retain on the land, or waives

his right as a beneficiary.o If the tenant has already complied with the

requirements of the law, he shall be given a CLOA – cert. of land ownership award. Which must beregistered after. Then enters torrens system of titleto rights and privileges

o CLOA – registered. Except for patent. RECONSTITUTION OF LOST TITLE (SEC. 109)

o OCT – has owner’s duplicate title RD & ownero WHAT TO DO?

Give notice to RD File a petition to the court for the

replacement for the lost of the OCT PETITION state under oath the

circumstances that lead to the lost ordestruction of the OCT. COURT set ahearing for interested parties. Court isconvinced, memorandum the fact that it islost/destructed.

o Is it necessary that it should be published? No. RECONSTITUTION OF OCT

o Possession of RDo Judicial in nature (RA 26)o PETITION subdivision plan, technical descriptiono NEEDS A PUBLICATION

WHAT EVIDENCE ARE YOU GOING TO PRESENT (afterfiling of the petition)? ACCORDING TO WEIGHT.

o Copy of the owner’s certificate of title o Co-owners certificate of titleo Certified true copy of previously issued of certificate

of titleo Authenticated copy of the patento Any document in the custody of the RD that gives

description of the lando Any sufficient document

LOST TCTo Ibid

Administrative reconstitution may still be availed of if there issubstantial loss of the OCT of the RD subject to the followingconditions

o At least 10% of titles in possession of RD losto Not less than 500 TCTs were lost or destroyed

Assurance Fund

¼ of the assessed value that will be corrected that will formpart of the AF

When liable – victim of deprivation by reason of theoperation of the AF