LTD REVIEW: UPDATES ISSUESLTD REVIEW: UPDATES, ISSUES AND REMEDIES (WITH MCQs)

Justice Oswaldo D. AgcaoiliPhilippine Judicial Academy

Supreme Court

REGALIAN DOCTRINEAll l d f h t l ifi ti d thAll lands of whatever classification and other

natural resources not otherwise appearing to be clearly within private ownership are presumed to belong to the State.To overcome the presumption, there must be

showing of a title from the State or any othershowing of a title from the State or any other mode of disposition.Th t t th ti tThe onus to overturn the presumption rests

with the applicant.

yValiao v. Republic, GR No. 170757, Nov. 28, 2011U d th R li d t i hi h i b di d iy Under the Regalian doctrine, which is embodied in our Constitution, all lands of the public domain belong to the State which is the source of any asserted right tothe State, which is the source of any asserted right to any ownership of land. All lands not appearing to be clearly within private ownership are presumed toclearly within private ownership are presumed to belong to the State. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain. p pUnless public land is shown to have been reclassified as alienable or disposable to a private person by the State,

y it remains part of the inalienable public domainit remains part of the inalienable public domain. Property of the public domain is beyond the commerce of man and not susceptible of private appropriation and p p pp pacquisitive prescription. Occupation thereof in the concept of owner no matter how long cannot ripen into ownership and be registered as a title. 14 The burden of proof in overcoming the presumption of State ownership of the lands of the public domain is on the person applying for registration (or claiming

hi ) h t th t th l d bj t f thownership), who must prove that the land subject of the application is alienable or disposable. To overcome this presumption incontrovertible evidence must bepresumption, incontrovertible evidence must be established that the land subject of the application (or claim) is alienable or disposableclaim) is alienable or disposable.

The doctrine is reflected in Art. XII, Sec. 2 of h C i ithe Constitution:Sec. 2. All lands of the public domain, waters,

minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated.

NATURE OF REGISTRATION PROCEEDINGS; JURISDICTION OF COURTSPROCEEDINGS; JURISDICTION OF COURTSy Judicial proceedings for the registration of lands is

i d b d ll t d i i lin rem and based on generally accepted principles underlying the Torrens system.

i di i i i d b h iy Jurisdiction in rem is acquired by the constructive seizure of the land through publication, service of notice and posting.yRegistration is not a mode of acquiring ownership g g

but is merely a procedure to establish evidence of title over realty. (Torbela v. Rosario, GR No. y ( ,140528, Dec. 7, 2011)

|J i di ti|Jurisdiction|Regional trial courts have exclusive jurisdiction

l d i i d ll i i fover land registration cases and all petitions after original registration. (Sec. 2, PD No. 1529)

fi l l h d l dy However, first level courts have delegated jurisdiction to hear and determine cadastral or l d i t ti i th f ll i i tland registration cases in the following instances:(a) Where the lot sought to be registered is not the

bj t f t itisubject of controversy or opposition; or(b) Where the lot is contested but the value thereof

d t d P100 000does not exceed P100,000.Appeal is taken to the Court of Appeals.

LAND REGISTRATON AUTHORITY

Functions of the LRA Administrator:y Issues decrees of registrationIssues decrees of registrationy Resolves cases elevated en consulta

i i i d l lly Exercises supervision and control over all clerks of court in relation to land registrationy Implements orders or decisions of p

registration courts

yVerifies and approves subdivision and consolidation survey plansy Extends assistance to the DAR in theExtends assistance to the DAR in the

implementation of the land reform program;y Extends assistance to registration courts iny Extends assistance to registration courts in

ordinary and cadastral registration cases; andyActs as central repository of records relative

to original registration, including subdivision and consolidation plans of titled lands.

OFFFICE OF THE REGISTEROF DEEDS

y There shall be at least one Register of Deeds for each province and city. y Registration means the entry of instruments or

deeds in book or public registry.p g yy Registration of instruments affecting registered land

must be done in the proper registry to affect themust be done in the proper registry to affect the land and bind third persons. (Aznar Brothers v. Aying 458 SCRA 496) Registration is notice toAying, 458 SCRA 496). Registration is notice to the whole world. (Guaranteed Homes v. Valdez (577 SCRA 441)Aznar Brothers v Aying 458(577 SCRA 441)Aznar Brothers v. Aying, 458 SCRA 496

stration of instr ments affectinRegistration of

Thus, between two buyers of the same land registered under the Torrens system priority isregistered under the Torrens system, priority is given to:

th fi t i t t i d f ithy the first registrant in good faith;y then, the first possessor in good faith; andy finally, the buyer who in good faith presents

the oldest title (Art 1544 CC)the oldest title. (Art. 1544, CC) This rule, however, does not apply if the

t i t i t d d th Tproperty is not registered under the Torrens system. (Abrigo v. De Vera, 432 SCRA 544)

Duty of the Register of Deeds to register i ff i i d l d linstruments affecting registered land ministerial.Whether the document is invalid is not for the

RD to decide but for the court to determine. (Gurbax Singh v. Reyes, 92 Phil. 182; Almirol v. Register of Deeds of Agusan, 22 SCRA 1152)If the document is not registrable, he shall deny g y

registration, stating the grounds therefor, and advise the party to appeal by consulta to the LRA Administrator under Sec. 117 of PD 1529.

But the RD may be justified in refusing registrationBut the RD may be justified in refusing registration in the following cases:

1 Where there are several copies of the title (as in1. Where there are several copies of the title (as in co-ownership) but only one is presented.

Th i t it f th T t b The integrity of the Torrens system may be adversely affected if an encumbrance, or outright conveyance is annotated on only oneoutright conveyance, is annotated on only one copy and not on the others.E f th d li t i i l t Every copy of the duplicate original must contain identical entries of the transactions, particularly voluntary ones otherwise theparticularly voluntary ones, otherwise the whole Torrens system would cease to be reliablereliable.

2 Wh h i d j l b h2. Where the property is presumed conjugal but the document bears the signature of only one spouse.y Under Art. 166 of the CC, the alienation of conjugal

property by the husband without the wifes consent is voidable The wife may ask for annulment of the contractvoidable. The wife may ask for annulment of the contract within 10 years.

y Under Art 124 of the FC the disposition of propertyy Under Art. 124 of the FC, the disposition of property without the consent of either spouse is null and void, and cannot be ratified, while a vitiated consent renders it merely voidable. (Guiang v. CA, GR No. 125172, June 26, 1998)

y But where the title is solely in the name of the husband, and there is no showing that the land was acquired during the marriage the presumption of conjugality does notthe marriage, the presumption of conjugality does not obtain. (Assoc. Insurance v. Banzon, 26 SCRA 268)

3. Where there is a pending case involving the3. Where there is a pending case involving the character of the land or validity of the conveyanceconveyance.y In such case, registration may well await the

outcome of the case; meantime the rights of theoutcome of the case; meantime the rights of the interested parties could be protected by the filing of a notice of lis pendens (Balbin v Register ofof a notice of lis pendens. (Balbin v. Register of Deeds, 28 SCRA 12)

4 Where required certificates or documents are4. Where required certificates or documents are not submitted, such as

DAR l f l t t t d l tiDAR clearance, copy of latest tax declaration, certificate of payment of documentary stamp t d it l i t BIR tifi ttax and capital gains tax, BIR certificate authorizing registration (CAR), tax clearance certificate of real estate ta es certificate ofcertificate of real estate taxes, certificate of payment of transfer tax, secretarys certificate and articles of incorporation (in case of aand articles of incorporation (in case of a corporation), HLURB registration papers and license to sell (in case of a subdivision project)license to sell (in case of a subdivision project), TIN, etc.

Registration does not add to validity of documentRegistration does not add to validity of documentWhile registration operates as a notice of the

instrument to others, it does not add to its validity nor conveys an invalid instrument into a valid one as between the parties. (Pascua v. Court of Appeals, 401 Phil. 350)Neither does registration amount to a declaration

that the instrument recognizes a valid andthat the instrument recognizes a valid and subsisting interest in the land. (Agricultural Credit v Yusay 107 Phil 791)v. Yusay, 107 Phil. 791)

CLASSIFICATION OF LANDS OF THE PUBLIC DOMAINPUBLIC DOMAIN

y The 1987 Constitution classifies lands of the bli d i ipublic domain into:y Agricultural lands, y Forest or timberlands,yMineral lands andyMineral lands, and y National parks.

li bl l d f h bli d i h ll bAlienable lands of the public domain shall be limited to agricultural lands.

y The classification of public lands is an exclusive ti f th ti d t t I thprerogative of the executive department. In the

absence of classification, the land remains as unclassified land until it is released for disposition. (Republic v. Fabio, 575 SCRA 511) y The President through a proclamation or

executive order can classify or reclassify lands ofexecutive order can classify or reclassify lands of the public domain. (Sec. of DENR v. Yap, 568 SCRA 164) The DENR Secretary is the onlySCRA 164) The DENR Secretary is the only other official authorized to approve a land classificationclassification.

y To show that the land is A and D, the application for original registration must be accompanied byfor original registration must be accompanied by

(1) a CENRO or PENRO Certification that land is A d D dA and D; and (2) a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian thereof. (Republic v. Bantigue Point Development Corp., GR No. 162322, March 14, 2012; Republic v. Dela Paz, pGR No. 171631, Nov. 5, 2010; Republic v. T.A.N, 555 SCRA 477) )

S d l ifi iy Secondary classificationy For purposes of administration and disposition, A

and D lands may be further classified according to the use or purpose to which they may be devoted:p p y yy Agricultural;y Residential commercial industrial or for similary Residential, commercial, industrial, or for similar

purposesEd ti l h it bl th i ily Educational, charitable, or other similar purposes; and y Reservations for townsites and for public and

quasi-public uses. (Sec. 9, CA No. 141).

y Public land distinguished from governmenty Public land distinguished from government landy Public land is equivalent to public domain and

includes only such land as may be subject of di i idisposition.y Government land and public land are not

synonymous the first includes not only the second but also other lands already rese4rved or devoted to public use or subject to a private right.y In sum, the government owns real estate which is part

of public lands and other real estate which is not a part thereof. (Montano v. Insular Government, 12 Phil. 572)

NON-REGISTRABLENON-REGISTRABLE PROPERTIESPROPERTIES

Properties of public dominionyThose intended for public use such as roads,Those intended for public use such as roads,

canals, rivers, torrents, ports and bridges constructed by the State banks shoresconstructed by the State, banks, shores, roadsteads and others of similar character; and Th hi h b l t th St t ith t b iyThose which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth.

Forests or timberlandy Forests constitute a vital segment of any

countrys natural resources.country s natural resources. yBut forest cover in the Philippines has

decreased by 56% in the postwar period anddecreased by 56% in the postwar period, and this is attributed to population growth, illegal logging and unsystematic use of resourceslogging, and unsystematic use of resources.yHuman activities, particularly fossil fuel

burning and deforestation are effectivelyburning and deforestation, are effectively moving carbon more rapidly into the atmosphereatmosphere.

Property of public dominion, when no longer needed for public use or for public service formneeded for public use or for public service, form part of the patrimonial (or private) property of the StateState.Property devoted for public service cannot be sold

until there is a formal declaration by the government withdrawing it from being such. (Laurel v. Garcia, 17 SCRA 797Patrimonial property may be acquired by private p p y y q y p

persons through prescription. (Malabanan v. Republic, 587 SCRA 172; Sec. 14(2), PD 1529)p , ; ( ), )

.

Importance of forestsImportance of forestsyWithout the trees, watersheds dry up; rivers and

l k hi h th l ti d f th ilakes which they supply are emptied of their contents. The fish disappear. Denuded areas become dust bowls As waterfalls cease tobecome dust bowls. As waterfalls cease to function, so will hydroelectric plants. With th i th f til t il i h dyWith the rains, the fertile topsoil is washed away; geological erosion results. With erosion come the dreaded floods that wreak havoc andcome the dreaded floods that wreak havoc and destruction to property crops, livestock, houses and highways not to mentionhouses and highways not to mention precious human lives.

yBecause of the importance of forests to the nationyBecause of the importance of forests to the nation, the States police power has been wielded to regulate the use and occupancy of forest and forestregulate the use and occupancy of forest and forest reserves.yUnless and until the land classified as forest is

released so that it may form part of the disposable lands of the public domain, the rules on confirmation of imperfect title do not apply.p pp yy Possession of forest lands, however long, cannot

convert it into private propertyconvert it into private property.

Mineral lands and mineral resourcesMineral lands and mineral resourcesyThe mining industry plays a pivotal role in the

economic development of the country. It accounted greatly to the countrys export earnings, with around USD $1,469 million in 2009 and USD 391 million in the first half of 2010 alone.yBut the long term effects of mining haveyBut the long-term effects of mining have

resulted in significant damage to the i t h l f ildlif h bit tenvironment, such as loss of wildlife habitat,

decrease water supply and agricultural d i i d i ll iproduction, erosion, water and air pollution.

y Extractive industries, such as logging and mining, have destroyed most of the forests. High humanhave destroyed most of the forests. High human population density and growth rate (2.3%) further put enormous pressureput enormous pressure.y In turn rainforests have been converted to

i l l l d d l t ti t t l dagricultural land and plantations to augment land needed to support a growing population. yMining results in flattening mountains and

reducing forest cover, thus, we are transferring g , , f gcarbon from living biomass into the atmosphere.

yGlobal warming refers to an increase in average global temperatures, which in turn cause climate change. Gases such as carbon dioxide and methane absorb heat, thus reducing the amount that escapes back to space. As the atmosphere p p pabsorbs heat energy, it warms the oceans and the surface of the Earth. This process is called thesurface of the Earth. This process is called the greenhouse effect.

y Increasing global temperature will cause sea level g g pto rise, and is expected to increase the intensity of extreme weather events and to change the amountextreme weather events and to change the amount and pattern of precipitation.yOther effects of global warming include changesyOther effects of global warming include changes

in agricultural yields, trade routes, glacier retreat, i ti ti d i i th fspecies extinctions, and increases in the ranges of

disease vectors.

F h l dy Foreshore lands:yA foreshore land is that strip of land between p

the high and low water marks that is alternately covered and uncovered by the ordinary flow of y ythe tides. (Republic v. RREC, 299 SCRA 199)y Foreshore lands are inalienable unless declaredy Foreshore lands are inalienable unless declared

to be A and D portions of the public domain.yLand invaded by the sea is foreshore land and

becomes part of the public domain. (Republic v. CA and Morato, 281 SCRA 639)

yReclaimed lands:yReclaimed lands:y Submerged areas form part of the public

domain; only when reclaimed from the sea can these submerged areas be classified as agricultural lands.yOnce reclaimed the government may then g y

officially classify these lands as A and D, and declare these lands no longer needed forand declare these lands no longer needed for public service. Only then can these lands be considered as A and D lands and within theconsidered as A and D lands and within the commerce of men. (Chavez v. PEA, 384 SCRA 152)SCRA 152)

y The Public Estates Authority (PEA), renamed y ( ),as Philippine Reclamation Authority (PRA), is the agency authorized to undertakeis the agency authorized to undertake reclamation projects. yAb t t ffi i l t ( ) l ifi tiyAbsent two official acts (a) a classification

that submerged areas are A and D, and (b) a d l i h h d d fdeclaration that they are not needed for public service, lands reclaimed from the sea are inalienable.

|Lakes:y Lakes are neither agricultural nor disposabley Lakes are neither agricultural nor disposable

lands of the public domain; hence, free patents and certificates of title covering portions of the d ce c es o e cove g po o s o elake are a nullity.y But areas beyond its natural bed, or the groundBut areas beyond its natural bed, or the ground

covered by the waters at their highest ordinary depth during the dry season, may be registered. p g y , y g(Republic v. CA and De Rio, 131 SCRA 532) y The LLDA has exclusive authority to issue y

permits for the use of the waters of the Laguna de Bay.y

yRivers and creeks:yRivers and creeks are parts of the publicyRivers and creeks are parts of the public

domain for public use and not capable of i ti i iti b i tiappropriation or acquisition by prescription.

yThe ownership of a stream may not be acquired under a public land patent and the issuance of the corresponding certificate of p gtitle does not change its public character. (Mateo v. Moreno, 28 SCRA 796)(Mateo v. Moreno, 28 SCRA 796)

Rivers and their bedsRivers and their bedsy Rivers and their natural beds, as well as lakes and

l b l t th St t d t ilagoons belong to the State, and so too are rain water falling on private lands. (Water Code) y B k f i d t d th h f thy Banks of rivers and streams and the shores of the

seas and lakes are subject to easement for recreation na igation floatage fishing and sal agerecreation, navigation, floatage, fishing and salvage along their margins and within a zone of:

3 meters in urban areasy 3 meters in urban areas,y 20 meters in agricultural areas, and

40 meters in forest areas along their marginsy 40 meters in forest areas, along their margins.

y Protected areas:y Protected areas:yRA No. 7586 provides for the establishment and

management of a national integrated protected areas system referred to as the National Integrated Protected Areas System Act of 1992). y Protected areas are necessary to maintainy Protected areas are necessary to maintain

essential ecological processes and life-support systems to preserve genetic diversity to ensuresystems, to preserve genetic diversity, to ensure sustainable use of resources found therein.yA protected area, like the Bataan Natural Park,

is inalienable.

Mangrove swampsMangrove swampsyMangrove swamps or manglares are forestal

d t li bl i lt l l dand not alienable agricultural land.yThe Bureau of Fisheries has no jurisdiction to

di f l d l ddispose of swamplands or mangrove lands forming part of the public domain.yMangrove swamps form part of the public

forests and, therefore, not subject to disposition il d l h fi l d funtil and unless they are first released as forest

land and classified as alienable agricultural l d (Di t f F t Vill l 170land.(Director of Forestry v. Villareal, 170 SCRA 598)

y Importance of mangrovesImportance of mangrovesy Provide an important nursery for fish, shellfish

and other organismsand other organisms y Provide other functions such as preventing soil

i d i h li f herosion and protecting shoreline from typhoons and strong waves.y Provide food and shelter for plenty of saltwater

fish and other marine life. y Roots keep the soil and sand from eroding.y The Fisheries Code makes it unlawful to converty The Fisheries Code makes it unlawful to convert

mangroves into fishponds or for other purposes.

WatershedsWatershedsyWatersheds had been subjected to rampant abusive

treatment due to various unscientific andtreatment due to various unscientific and destructive land use practices; they were wantonly deforested due to uncontrolled timber cutting bydeforested due to uncontrolled timber cutting by licensed concessionaries and illegal loggers. I T Di t f F t (125 SCRA 302) thy In Tan v. Director of Forestry (125 SCRA 302), the Supreme Court reiterated the basic policy of

i th ti l t i lifi dconserving the national patrimony, as exemplified by the governments withdrawal from entry, sale or

ttl t f f t f t h d ilsettlement of forest reserves for watershed, soil protection and timber production purposes.

Importance of watershedsImportance of watershedsyThe most important product of a watershed is

water which is one of the most important human necessities. y Protection of watershed ensures an adequate

supply of water and the control of flashfloodssupply of water and the control of flashfloods that not only damage property but also cause loss of livesloss of lives. y Protection of watersheds is an intergene-

rational responsibility. (Sta. Rosa Realty v. CA, GR No. 112526, Oct. 12, 2001)

y Protected areasy Protected areasy RA No. 7586 provides for the establishment and

management of a national integrated protected areas system referred to as the National Integrated Protected Areas System Act of 1992. y NIPAS is the classification and administration of all

designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible.

yA protected area like the Bataan Natural Park isyA protected area, like the Bataan Natural Park, is inalienable. The illegal possession or sale of rights of portions thereof is prohibited under therights of portions thereof is prohibited under the NIPAS Act. yUnder Sec 19 RA No 7942 or the PhilippineyUnder Sec. 19, RA No. 7942, or the Philippine

Mining Act of 1955, mining operations are not allowed in old growth or virgin forests,allowed in old growth or virgin forests, proclaimed watershed forest reserves, wilderness area, mangrove forests, mossy forests, national , g , y ,parks, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law in areas expressly prohibited under the NIPAS and other laws.

y Exemptions and exclusions under the Agrarian Reform Program:y Lands actually, directly and exclusively used for

parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves;

y Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations, church sites and convents, penal colonies, government and private research and quarantine centers, and lands with 18% slope and over.

y Property Registration Decree (PD No. 1529)y Approved June 11, 1978, the Decree supersedes

and codifies all laws relative to land registration.y It substantially incorporates the substantive and

procedural requirements of Act No. 496 but p qincludes judicial confirmation of imperfect titles under its Section 14(1).( )y It provides remedies for fraudulent registration,

including an Assurance Fund to answer forincluding an Assurance Fund to answer for damages.

REGISTRATION UNDER THE PROPERTYREGISTRATION UNDER THE PROPERTY REGISTRATION DECREE (PD NO. 1529)

Under Sec. 14(1), PD 1529Th h b th l th iThose who by themselves or their

predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since f pJune 12, 1945, or earlier.

y From the foregoing petitioners need to prove that:y From the foregoing, petitioners need to prove that: (1) the land forms part of the alienable and

di bl l d f th bli d i ddisposable land of the public domain; and (2) they, by themselves or through their

predecessors-in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of the subject land under a bona fide claim of ownership from June 12, 1945 or p ,earlier. y These the petitioners must prove by no less thany These the petitioners must prove by no less than

clear, positive and convincing evidence. (Valiao v. Republic GR No 170757 Nov 28 2011)Republic, GR No. 170757, Nov. 28, 2011)

Requirements:The applicant must be a Filipino citizen.pp pThe land must already be classified as alienable

and disposable (A and D) land at the time of theand disposable (A and D) land at the time of the filing of the application (Republic v. Vega, GR No 177790, Jan 17, 2011; Malabanan v Court ofNo. 177790, Jan. 17, 2011; Malabanan v. Court of Appeals, GR No. 179987, April 29, 2009;). Possession and occupation must be open Possession and occupation must be open,

continuous, exclusive and notorious under a bona fide claim of ownership (OCENCO)fide claim of ownership (OCENCO). Since June 12, 1945 or earlier.

y Rationale of the rule that the land need be classified as A and D already at the time the application is filed:A and D already at the time the application is filed:y If the State, at the time the application is made,

has not yet deemed it proper to release thehas not yet deemed it proper to release the property for alienation or disposition, the presumption is that the government is stillpresumption is that the government is still reserving the right to utilize the property; hence, th d t it hi i th St tthe need to preserve its ownership in the State irrespective of the length of adverse possession

i d f ith even in good faith.

Under Sec. 14(2) Those who have acquired ownership of Those who have acquired ownership of

private lands by prescription under the provisions of existing lawsprovisions of existing laws

Rule on prescription:O di i ti 10 i dOrdinary prescription 10 years in good

faithE di i i 30Extraordinary prescription 30 years

But land must be patrimonial property for prescription to apply. (Malabanan v. Republic, supra)

Lands of the public domain shall form part of the patrimonial property of the State when there is apatrimonial property of the State when there is a declaration that:

Th l d li bl di bl d These lands are alienable or disposable, and Are no longer intended for public use or public

service Only when such lands have become patrimonial y p

can the prescriptive period for the acquisition of the property begin to run. (Malabanan v. CA,the property begin to run. (Malabanan v. CA, supra)

Under Sec. 14(3)

Those who have acquired ownership of i t l d b d d i b d b i htprivate lands or abandoned river beds by right

of accession or accretion under the existing l laws.

Ownership of abandoned river beds by right of accession: Under Article 461 of the Civil Code, river beds

which are abandoned through the natural changewhich are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the newthe owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the adjoining lands shall have thethe owners of the adjoining lands shall have the right to acquire the same by paying the value thereofthereof.

Th f h ff d l d l hy The owners of the affected lands may not compel the government to restore the river to its former bed, nor

th t i th t f t ki t tcan they restrain the government from taking steps to revert the river or stream to its former courts.Th f h ff d l d h ly The owners of the affected lands may themselves undertake the reversion of the river to its original

b t it i d b th tcourse, but upon a permit issued by the government. (Art. 58, PD 1067, Water Code)

h hi f h b d d i b d i f dy The ownership of the abandoned river bed is transferred ipso facto to the owners whose lands are occupied by th f th i t t f th lthe new course of the river to compensate for the loss of the land occupied by the new bed.

Ownership by right of accretion along river banksOwnership by right of accretion along river banks Under Art. 457, CC, to the owners of land

adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Justification: To offset his loss for possible erosion of his land p

due to the current of the river; To compensate for his burdens arising from theTo compensate for his burdens arising from the

subjection of his land to encumbrances or legal easements; andeasements; and He is in the best position to cultivate it. (Cortex v.

City of Manila 10 Phil 567)City of Manila, 10 Phil. 567);

y The owner must register the accretion under the Torrens system otherwise the alluvial propertyTorrens system, otherwise the alluvial property may be subject to acquisition through prescriptionb thi d (G d C t f A l 5by third persons. (Grande v. Court of Appeals, 5 SCRA 524)y The increment does not automatically become

registered land just because the lot which receives g jsuch accretion is covered by a Torrens title. It must be placed under the operation of the Torrensmust be placed under the operation of the Torrens system. (Cureg v. Intermediate Appellate Court, 177 SCRA 313)177 SCRA 313)

yAlluvial formation along the seashore is part ofyAlluvial formation along the seashore is part of the public domain and, therefore, not open to

i iti b d iacquisition by adverse possession.Art. 4. Lands added to the shore by accretion and alluvial deposits caused by the action of the sea, form part of the public domain. When they are no longer washed by the waters of the sea, and are not necessary for purposes of public utility, or for the establishment of special industries, or for the coast-guard service, the Government may declare them to be the property of the owners of the estate adjacent thereto and as an increment thereof. (Spanish Law of Waters)

|Registration under Sec. 14(4)|Those who have acquired ownership of land in| Those who have acquired ownership of land in

any other manner provided for by law.y In Republic rep by the Mindanao Medical Centery In Republic, rep. by the Mindanao Medical Center

v. Court of Appeals (GR No. L-40912, Sept. 30, 1976) the Supreme Court held that Proclamation1976), the Supreme Court held that Proclamation No. 350 legally effected a land grant for medical purposes to the Mindanao Medical Center validlypurposes to the Mindanao Medical Center validly sufficient for initial registration under the Land Registration ActRegistration Act.

yRegistration under Sec. 14(4)y Those who have acquired ownership of land iny Those who have acquired ownership of land in

any other manner provided for by law.I I t ti l H d d U i it f thy In International Hardwood v. University of the Philippines, GR No. 52518, Aug. 13, 1991, the C h ld h l d h i b dCourt held that a land grant having been made to UP for its experiment and research functions pursuant to a Presidential proclamation and legislative act, the State divested itself of its rights and title thereto and made UP the absolute owner thereof.

REGISTRATION UNDER SEC 48(B) OF THEREGISTRATION UNDER SEC. 48(B) OF THE PUBLC LAND ACT (CA NO. 141)

Who may applyWho may applyThose who by themselves or through their predecessors in interest have been in openpredecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of theoccupation of alienable and disposable lands of the public domain, under a bona fide claim of acquisition of ownership since June 12 1945 except whenof ownership, since June 12, 1945, except when prevented by war or force majeure. These shall be conclusively presumed to have performed all theconclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisionsbe entitled to a certificate of title under the provisions of this chapter. (Sec. 48[b], CA 141)

y There are no material differences between Sec. 14(1) of PD No. 1529 and Sec. 48(b) of CA No. 141.yWhile the Public Land Act (PLA) refers to

agricultural lands of the public domain and the Property Registration Decree (PRD) refers to alienable and disposable lands of the public domain, the subject lands are of the same type since under the Constitution, alienable lands of the public domain shall be limited to agriculturallands.

y S 48(b) CA 141 d d b PD 1073y Sec. 48(b), CA 141, as amended by PD 1073, requires possession since June 12, 1945, or prior hthereto.yBut the land need be classified as A and D land

only at the time the application for registration is filed. (Malabanan vs. Court of Appeals, GR No. ( pp179987, April 29, 2009)

y Length of possession under Sec 48(b) CA 141y Length of possession under Sec. 48(b), CA 141y Originally, Sec. 48(b) of CA 141 provided for

possession and occupation of lands of the publicpossession and occupation of lands of the public domain since July 26, 1894. This was superseded by RA 1942 which provided for a simple thirty-yearRA 1942 which provided for a simple thirty year prescriptive period of occupation by an applicant for judicial confirmation of an imperfect title. jud c co o o pe ec e.y But PD No. 1073, dated Jan. 25, 1977, further

amended Sec. 48(b) by requiring open, continuous, ( ) y q g p , ,exclusive and notorious possession and occupation (of A and D land) by the applicant himself or thru his ( ) y pppredecessor-in-interest, under a bona fide claim of acquisition of ownership, since June 12, 1945. (Republic v. Doldol, GR No. 132963, 9/10/98)

REGISTRATION UNDER THE INDIGENOUS PEOPLES RIGHTS ACTPEOPLES RIGHTS ACT

Constitutional provisionsTh S i d h i h fThe State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. (Sec. 2 Art. II)The Congress may provide for the applicability of

customary law governing property rights or y g g p p y grelations in determining the ownership and extent of ancestral domain. (Sec. 5, par. 2, Art. XII)of ancestral domain. (Sec. 5, par. 2, Art. XII)

y Indigenous concept of ownershipyThe IPRA (RA No. 8371) recognizes the ( ) g

existence of the indigenous cultural communities or indigenous peoples (ICCs/IPs) g p p ( )as a distinct sector in Philippine Society. y It grants these people the ownership andIt grants these people the ownership and

possession of their ancestral domains and ancestral lands, and defines the extent of these ,lands and domains. yThe ownership given is the indigenous conceptThe ownership given is the indigenous concept

of ownership under customary law which traces its origin to native title.its origin to native title.

A l l d /d i d d fyAncestral lands/domains are not deemed part of the lands of the public domain but are private lands belonging to ICCs/IPs who have actually occupied, possessed and utilized their territories under claim of ownership since time immemorial.yNative title refers to pre-conquest rights which asNative title refers to pre conquest rights which, as

far back as memory reaches, have been held under claim of private ownership by ICCs/IPs haveclaim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since beforepresumed to have been held that way since before the Spanish Conquest. (Cruz v. Sec. of DENR, 347 SCA 128)SCA 128)

y The National Commission on Indigenous Peoples (NCIP) has the authority to issue certificates of(NCIP) has the authority to issue certificates of ancestral domain title (CADT) or certificates of ancestral land title (CALT)ancestral land title (CALT).y The recording of CADT and CALT in the Office

of the Register of Deeds does not result in the issuance of Torrens certificate of title. The purpose of registration is simply to apprise the public of the fact of recognition by the NCIP of specific g y pclaims to portions of the ancestral domains or ancestral lands.

yModes of acquisitionyThe rights of ICCs/IPs to their ancestralyThe rights of ICCs/IPs to their ancestral

domains and ancestral lands may be acquired in t dtwo modes: By native title over both ancestral lands and

domains; or By Torrens title under the Public Land Act (CABy Torrens title under the Public Land Act (CA

No. 141) of the Property Registration Decree (PD No 1529) with respect to ancestral lands(PD No. 1529) with respect to ancestral lands only.

R i f i iyRequirements for registration The applicant is a member of an indigenous pp g

cultural group; He must have been in possession of an He must have been in possession of an

individually-owned ancestral land for not less than thirty (30) years;than thirty (30) years;yBy operation of law, the land is already

classified as A and D, even if it has a slope of 18% or over, hence, there is no need to submit a separate certification that the land is A and D. (Sec. 12, RA No. 8371)( , )

y Transfer of land or property rightsThe rights of ownership over ancestral lands mayThe rights of ownership over ancestral lands may be transferred subject to the following limitations: Only to members of the same ICCs/IPs; Only to members of the same ICCs/IPs; In accord with customary laws and traditions; and

S bj t t th i ht f d ti f i d f Subject to the right of redemption for a period of fifteen (15) years if the land was transferred to a non membernon-member.

y Ancestral domains belong to all generations and th f t b ld di d d t dtherefore cannot be sold, disposed or destroyed.

WHO MAY APPLY FOR REGISTRATION?yOn the basis of their capacity to acquire or holdsyOn the basis of their capacity to acquire or holds

lands of the public domain, the following may i i t l dacquire private lands:

y Filipino citizensy Filipino corporations and associations, 60% of

whose capital are owned by Filipinoswhose capital are owned by FilipinosyAliens by hereditary successionyA natural born citizen who has lost his

citizenship under the terms of Sec. 8, Art. XII

yConstitutional provisionsConstitutional provisionsy Save in cases of hereditary succession, no private

lands shall be transferred or conveyed except tolands shall be transferred or conveyed except to individuals, corporations, ort associations qualified to acquire or hold lands of the publicqualified to acquire or hold lands of the public domain. (Sec. 7, Art. XII)yNotwithstanding the provisions of Section 7 of

this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Sec. 8, Ibid)

yArea limitations under RA 7042 as amended byyArea limitations under RA 7042 as amended by RA 8179

U b l d 5 000 ty Urban land 5,000 square metersy Rural land 3 hectares.

Under RA 9225 (Citizenship Retention and Re-acquisition Act of 2003), a natural-born citizen who has lost his Philippine citizenship by reason of his naturalization as a citizen of a foreign country is deemed to have re-acquired Philippine citizenship upon taking his oath of allegiance to the Republic and shall enjoy full civil and political rights under existing laws.

yRule restatedyRule restatedyOn the basis of their capacity to acquire or

holds lands of the public domain, the following may acquire private lands:y Filipino citizensy Filipino corporations and associations 60%y Filipino corporations and associations, 60%

of whose capital are owned by FilipinosyAliens by hereditary successionyA natural born citizen who has lost his

citizenship under the terms of Sec. 8, Art. XIIXII

y The capacity to own land is determined at the time of its acquisition and not registration.y Example: Pedro, a Filipino, bought land from

Jose who at the time of the sale had already li d i h h i f hcomplied with the requirements for the

registration of the land. Pedro later became a t li d C di iti P d b tnaturalized Canadian citizen. Pedros subsequent

acquisition of Canadian citizenship will not impair his right to the land which he could haveimpair his right to the land which he could have validly registered when he was yet a Filipino citizen He is also qualified under the terms ofcitizen. He is also qualified under the terms of Sec. 8, Art. XII, Constitution. (Republic v. CA and Lapia, 235 SCRA 567)and Lapia, 235 SCRA 567)

yQ. Can a Filipino vendor recover land sold to an li ?alien?y A. Yes. When an agreement is not illegal per se but

is merely prohibited and the prohibition is designed for the protection of the plaintiff, he may recover the land, the public policy being to preserve and maintain the land in the hands of Filipino citizens. (Phil. Banking Corp. V. Lui She, 21 SCRA 52; Borromeo v. Descallar, 580 SCA 175; United Church v. Sebastian, 159 SCRA 446)

yOther illustrative cases on acquisition by aliensyOther illustrative cases on acquisition by aliensyWhere the land was now in the hands of a naturalized

Filipino there is no more public policy to be servedFilipino, there is no more public policy to be served by allowing recovery. (Barsobia v. Cuenco , 199 Phil. 26)26),yWhere land is sold to a Chinese who later sold it to a

Fili i th l l b i dFilipino, the sale can no longer be impugned. (Herrera v. Guan, 1 SCRA 406).Ch k A i d C Fili i i dy Chuck, an American, and Cory, a Filipino, acquired land which was registered in the latters name. Cory

ld th l d t M i ith t Ch k tsold the land to Mario without Chucks consent. Valid? Yes. Chuck never acquired any right to the land he being an alien (Cheesman v IAC 193land, he being an alien. (Cheesman v. IAC, 193 SCRA 93)

y Private corporations not qualifiedy Private corporations not qualifiedy Private corporations or associations may not

h ld ( h) li bl l d f th bli d ihold (such) alienable lands of the public domain except by lease, for a period not exceeding 25 years renewable for not more than 25 yearsyears, renewable for not more than 25 years, and not to exceed 1,000 hectares in area. (Sec. 3 Art XII Constitution)3, Art. XII, Constitution)

yReason: to encourage economic family-sized farms by transferring ownership of only a limitedfarms by transferring ownership of only a limited area of alienable lands of the public domain to a qualified individual Available lands arequalified individual. Available lands are decreasing due to increasing population.

yCorporation soleyCorporation soleyA corporation sole is vested with the right to hold

real estate and personal property. (Roman Catholic Apostolic v. LRC, 102 Phil. 596)y It is created not only to administer the

temporalities of the church or religious society p g ywhere the administrator (bishop or archbishop) belongs but also to hold and transmit the same tobelongs but also to hold and transmit the same to his successor in office.yUpon the death of the administrator churchyUpon the death of the administrator, church

properties pass, by operation of law, not to his heirs but to his successor in officeheirs but to his successor in office.

PUBLICATION, MAILING AND POSTING

Th C h ll i hi 5 d f fili f hy The Court shall within 5 days from filing of the application, issue an order setting the date and hour

f th i iti l h i hi h h ll t b li thof the initial hearing which shall not be earlier than 45 days nor later than 90 days from the date of the order The public shall be given notice of the initialorder. The public shall be given notice of the initial hearing of the application for land registration by means of (a) publication; (2) mailing; and (c)means of (a) publication; (2) mailing; and (c) posting. (Sec. 23, PD No. 1529)y Purpose: (a) to confer jurisdiction upon the courty Purpose: (a) to confer jurisdiction upon the court,

and (b) to apprise the whole world of the case so that they may oppose the application, if minded.that they may oppose the application, if minded.

y Upon receipt of the order of the court setting they Upon receipt of the order of the court setting the time for initial hearing, the LRA shall cause a notice of initial hearing to be published once in thenotice of initial hearing to be published once in the Official Gazette and once in a newspaper of

l i l ti i th Phili i P id dgeneral circulation in the Philippines: Provided, however, That the publication in the Official

h ll b ffi i f j i di iGazette shall be sufficient to confer jurisdiction upon the court. Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so g j gfar as known, and to all whom it may concern. (Sec. 23, ibid.)( , )

y PublicationPublicationy Constructive seizure of the land is effected through

publication of the notice of initial hearing in thepublication of the notice of initial hearing in the OG and in a newspaper of general circulation, and also the posting and mailing thereof to affectedalso the posting and mailing thereof to affected parties. (Sec. 23, PD No. 1529)Whil th l th t bli ti i th OG h llyWhile the law says that publication in the OG shall be sufficient to confer jurisdiction upon the court,

bli ti i i till i d tpublication in a newspaper is still required to accord with the due process requirement. (Roxas v. C t f A l 270 SCRA 309)Court of Appeals, 270 SCRA 309)y But lack of personal noticed does not vitiate the

proceedings. (Roxas v. Enriquez, 212 SCRA 625)

|Role of the Solicitor Generaly The Solicitor General represents the government p g

in all land registration and related proceedings.y As a rule only court notices and processes y p

actually served upon the SG is binding on his office.office. y Deputized officers are under the direction and

control of the SG himself (NPC v NLRC GRcontrol of the SG himself. (NPC v. NLRC, GR No. 90933, May 29, 1997).y The government may appeal an adverse decisiony The government may appeal an adverse decision

despite its non-filing any opposition. (Republic v. CA d A ill 182 SCRA 290)CA and Arquillo, 182 SCRA 290)

y Procedure where conveyance involves only a portion of land:pyNo TCT shall be issued by the RD until a plan

of the land showing the portions into which itof the land showing the portions into which it has been subdivided, together with the technical d i ti h ll h b ifi d ddescription, shall have been verified and approved by the LRA or LMB. yMeanwhile, the deed may only be annotated by

the RD by way of memorandum on the y ygrantors certificate of title. (Sec. 58 in relation to Sec. 50, PD No. 1529).to Sec. 50, PD No. 1529).

|Opposition|Oppositiony Any person claiming an interest or right of

dominion may appear and oppose the applicationdominion may appear and oppose the application for registration.yWhere no opposition is made all the allegationsyWhere no opposition is made, all the allegations

in the application for registration shall be held as f d d th l i t h ll b d d tconfessed, and the claimant shall be deemed to

have forever lost his right to the land.B h b f i i d j if hy But the absence of opposition does not justify the court into awarding the land to the applicant; he must still submit well-nigh incontrovertible proofthat he is entitled to registration. (Director of Lands v. Agustin, 42 Phil. 227)

yOrder of defaultyOrder of defaulty If no person appears and answers within the period

allowed an order of (general) default shall be enteredallowed, an order of (general) default shall be entered and the applicant required to present evidence. When an appearance has been entered and an answer filedan appearance has been entered and an answer filed, an order of (special) default shall be entered against persons who did not appear and answer (Sec 26 PDpersons who did not appear and answer. (Sec. 26, PD No. 1529)y A party declared in default may appeal from they A party declared in default may appeal from the

judgment by default where the same is not supported by the evidence or is contrary to law even withoutby the evidence, or is contrary to law, even withoutthe prior filing of a motion to set aside the order of default (Martinez v Republic 506 SCRA 601)default. (Martinez v. Republic, 506 SCRA 601)

yAmendments to applicationyWhere amendment consists in a substantial changeyWhere amendment consists in a substantial change

in the boundaries or increase in area of the land or involve the inclusion of additional area theinvolve the inclusion of additional area, the amendment shall be subject to the same requirements of publication and notice as in therequirements of publication and notice as in the case of an original application. (Sec. 19, PD 1529; Benin v Tuason 57 SCRA 531)Benin v. Tuason, 57 SCRA 531)

M i di i b d d iyMotion to dismiss based on res judicata proper in registration proceedingsy Sec. 34, PD 1529, provides that the Rules of Court

shall be applicable to registration and cadastral cases b l i l hby analogy or in a suppletory character.y In Valisno v. Plan (143 SCRA 502), the Court,

l i th i i l f j di t i d thapplying the principle of res judicata, sustained the applicants motion to dismiss the opposition to his

li ti f i t ti it i th t th l dapplication for registration it appearing that the land sought to be registered had been previously litigated between the applicant and the oppositor in a civilbetween the applicant and the oppositor in a civil case for recovery of possession, resulting in a favorable judgment to the applicantfavorable judgment to the applicant.

A li bili f dyApplicability of res judicatay Under the rule of res judicata, a final judgment or

decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or h i i i i ll l i d ll i dtheir privies, in all later suits and on all points and

matters determined in the previous suit. Th i i l b b i i l i hy The principle bars a subsequent suit involving the same parties, subject matter, and cause of action. The

ti l f th l i th t " bli li i th trationale for the rule is that "public policy requires that controversies must be settled with finality at a given point in time (Topacio v Banco Filipino GR Nopoint in time. (Topacio v. Banco Filipino, GR No. 157644, Nov. 17, 2010)

H iyHearingy The court shall decide the case within 90 days from its

submission.y The court may refer the case or part thereof to a referee

who shall submit his report to the court within 15 days after its termination.y Applications for registration shall be heard by the

regional trial court or, in proper cases, by the first level courts.y The applicant must show, by well-nigh incontro-

vertible proof, and even in the absence of opposition, that he is the absolute owner of the land.

EVIDENCE OF OWNERSHIPEVIDENCE OF OWNERSHIPy Proof that land is A and DProof that land is A and DyCertification of the BFD that land has been

released as A and Dreleased as A and Dy LC Map showing that the land is within the A and

D portion of the public domainyyD portion of the public domainy Executive proclamation withdrawing a specific

portion from a reservation and declaring same

yy

portion from a reservation and declaring same open for disposition.y Legislative or executive proclamation reserving ay Legislative or executive proclamation reserving a

portion of the public domain for public or quasi-public usepublic use.

y The application for original registration must be accompanied by a:accompanied by a:

(1) CENRO or PENRO Certification that land is A d D dA and D; and (2) Copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian thereof. (Republic v. Bantigue Point Development Corp., GR No. 162322, March 14, 2012; Republic v. Dela Paz, pGR No. 171631, Nov. 5, 2010; Republic v. T.A.N, 555 SCRA 477) )

|Identity of the land|Identity of the landy Land must be surveyed to establish its identity,

location and arealocation and area.y Only the LMB Director may approve survey plans

for original registration purposes (PD 239 Julyfor original registration purposes. (PD 239, July 9, 1973)Wh d fi i f l d i h by What defines a piece of land is not the area but the boundaries thereof. (Republic v. CA and S 301 SCRA 366)Santos, 301 SCRA 366)y A certified blue print or white print copy of the

plan suffices for registration purposes. (Director of Lands v. CA and Iglesia ni Cristo, 158 SCRA 586)

|Possession and occupationy Possession must be under a claim of ownershipy Possession must be under a claim of ownership.y Acts of a possessory character by one who holds

the property by mere tolerance of the owner is notthe property by mere tolerance of the owner is not in the concept of owner, and do not start the period of prescription.pe od o p esc pt o .y Actual possession consists of acts of dominion of

such a nature as a party would naturally exercise p y yover his own propertyy Occupation delimits the all-encompassing effect p p g

of constructive possession.

R l f f i f fli fy Ruleofpreferenceincaseofconflictofpossession

Th h llb f dy Thepresentpossessorshallbepreferred;y Iftheretwopossessors,theonelongerin

i possession;y Ifthedatesofthepossessionarethesame,theonewhopresentsatitle;andonewhopresentsatitle;and

y Ifbothpossessorshavetitles,thecourtshalldeterminetherightfulpossessorandownerofdeterminetherightfulpossessorandowneroftheland.(Art.538,CC)

MerepossessionwillnotdefeatthetitleofaMerepossessionwillnotdefeatthetitleofaholderofregisteredland.(Eduartev.CA,253SCRA391)SCRA391)

yOvert acts of possession may consist in:y Introducing valuable improvements on the land g

like fruit-bearing trees;y Fencing the areagyConstructing a residential house thereon; andyDeclaring the land for taxation purposes.Declaring the land for taxation purposes.

y In a practical and scientific way of planting a one-y In a practical and scientific way of planting, a one-hectare land can be planted to 144 coconut trees.y It takes only 10 years for mango trees and 5 yearsy It takes only 10 years for mango trees, and 5 years

for coconuts trees, to begin bearing fruit. R bli CA d Ch 167 SCRA 150)Republic v. CA and Chavez, 167 SCRA 150)

y Tax declarations and tax receiptsy Tax declarations and tax receiptsy Tax declarations and tax receipts are not

conclusive evidence of ownership but they are aconclusive evidence of ownership but they are a good indicia of possession in the concept of owner (Llanes v Republic 572 SCA 258)owner. (Llanes v. Republic, 572 SCA 258)yWhen coupled with actual possession, payment of

taxes is evidence of great weight and can be thetaxes is evidence of great weight and can be the basis of a claim of ownership through prescription (Republic v Alconaba 427 SCRAprescription. (Republic v. Alconaba, 427 SCRA 611)yBut a tax declaration standing alone merelyyBut a tax declaration, standing alone, merely

prove payment of taxes. y Taxes must be paid annuallyy Taxes must be paid annually.

y Spanish titles are no longer efficacious as proof of ownershippy Pursuant to PD No. 892, dated Feb. 16, 1976,

Spanish titles may no longer be used as evidence ofSpanish titles may no longer be used as evidence of land ownershipy The proliferation of d bio s Spanish titles ha ey The proliferation of dubious Spanish titles have

raised conflicting claims of ownership and tended to destabili e the Torrens s stem of registrationto destabilize the Torrens system of registration.y Case study: Intestate Estate of Don Mariano San

d b f lPedro y Esteban v. Court of Appeals, 265 SCRA 733.

y Judgmentgy The judgment confirms the title of the applicant

or the oppositor Partial judgment is proper whereor the oppositor. Partial judgment is proper where a subdivision plan is submitted. (Sec. 28) y Judgment becomes final after 15 days fromy Judgment becomes final after 15 days from

receipt of notice of the judgment.yCourt retains jurisdiction until after the entry of

the final decree of registration. (Gomez v CA, 168 SCRA 503)y Principle of res judicata is applicable to p j pp

registration proceedings. (Aring v. Original, a6 SCRA 1021)SC 0 )

W i f iyWrit of possessiony A writ of possession may be issued in: (a) land

i i di hi h i i (b)registration proceeding which is in rem; (b) extrajudicial foreclosure of realty; (c) judicial f l f t hi h i i i dforeclosure of mortgage which is a quasi in rem; and (d) execution sales. y A writ of possession may be issued not only againsty A writ of possession may be issued not only against

the person defeated in the land registration case but also against anyone unlawfully occupying the landalso against anyone unlawfully occupying the land during the pendency of the proceedings up to the issuance of the final decree (Vencilao v Vano 182issuance of the final decree. (Vencilao v. Vano, 182 SCRA 491

yWrit of possessionyBut the sheriff cannot remove or demolish the

improvements except upon special order of the court. (Tumibay v. Soro, GR 152016, April 12, ( y , , p ,2010)yThe writ will not issue against persons takingThe writ will not issue against persons taking

possession after issuance of the final decree. yThe remedy is to file a separate action foryThe remedy is to file a separate action for

forcible entry or detainer, or a reivindicatory action (Bernas v Nueva 127 SCA 399)action. (Bernas v. Nueva,127 SCA 399)

yWhen separate action, not writ of possession, is p pnecessaryy When parties against whom a writ of possession is

sought entered into possession apparently after the issuance of the final decree, and none of them had been a party in the registration proceedings, the writ of possession will not issue. A h t k i f th l d ft fi ly A person who took possession of the land after final judgment in registration proceedings cannot be summarily ousted through a writ of possession securedsummarily ousted through a writ of possession secured by a mere motion and that regardless of any title or lack of title of persons to hold possession of the land inof title of persons to hold possession of the land in question, they cannot be ousted without giving them their day in court in proper independent proceedings. y p p p p g(Bernas v. Nuevo, 127 SCRA 399)

y Failure to vacate; contempt; py Under Section 3 (d), Rule 19, Rules of Court, the writ

of execution must require the sheriff or other officer to whom it must be directed to deliver the possession of the property, describing it, to the party entitled thereto. Th h iff di j h l iThe sheriff must dispossess or eject the losing party from the premises and deliver the possession thereof to the inning partthe winning party. y If subsequent to such dispossession or ejectment the

losing party enters or attempts to enter into or upon thelosing party enters or attempts to enter into or upon the real property, for the purpose of exercising acts of ownership or possession, or in any manner disturbs theownership or possession, or in any manner disturbs the possession of the person adjudged to be entitled thereto, only then may the loser be charged with and punished y y g pfor contempt . (Vencilao v. Vano, 182 SCRA 491).

yNotice to the Solicitor Generaly Only notices of court orders or processes served on y p

the Solicitor General bind the government.y Period of appeal shall be counted from date ofy Period of appeal shall be counted from date of

receipt of the judgment by the SG and not by the prosecutorprosecutor.y Belated filing of appeal by the State, or even its

failure to file an opposition because of the mistakefailure to file an opposition, because of the mistake or error of its officials or agents, does not deprive it of its right to appeal from the adverse judgment ofof its right to appeal from the adverse judgment of the registration court. (Republic v. Tiotioen, 568 SCRA 152)SCRA 152)

y Execution pending appeal is not proper in ay Execution pending appeal is not proper in a registration case. (Republic v. Nillas, 512 SCRA 286)286)y Failure on the part of the administrative authorities

(LRA) to do their part in the issuance of the decree of registration cannot oust the prevailing party from ownership of the land. y The judgment does not have to be executed by j g y

motion or enforced by action within the purview of Rule 39 of the 1997 Rules of Civil Procedure.y Neither prescription nor laches bars the enforce-

ment of the judgment of the registration courtment of the judgment of the registration court.

DECREE OF REGISTRATIONy The decree of registration shall bind the land andy The decree of registration shall bind the land and

quiet title thereto, subject to exceptions or liens as may be provided by law (Sec 31 PD No 1529)may be provided by law. (Sec. 31, PD No. 1529)y It shall be conclusive against all persons,

including the government and its branches (Ibid )including the government and its branches. (Ibid.)y Land becomes registered land only upon the

t i ti f th d i th b k f thtranscription of the decree in the book of the Register of Deeds, and not on the date of the issuance of the decree (Manotok v CLT Realtyissuance of the decree. (Manotok v. CLT Realty,yGR No. 123346, March 31, 2009)

yMaysilo Estate Case Land of Caveat Emptor)yMaysilo Estate Case Land of Caveat Emptor)y Issue: When is a certificate of title deemed

registered: the date of the issuance of the decree of registration (April 19, 1917), or the date the decree was transcribed in the Office of the RD (May 3, 1917)?yHeld: The original certificate of title is issued on the

date the decree of registration is transcribed sincedate the decree of registration is transcribed since what stands as the certificate is the transcript of the decree of registration made by the RD in thedecree of registration made by the RD in the registry. (Manotok v. CLT Realty, 540 SCRA 304)

yA registration court has no jurisdiction to decree again land already decreed in a prior case. (Laburada v. LRA, 287 SCRA 333)yAn application for registration of an already titled

land constitutes a collateral attack on the existing gtitle. (SM Prime Holdings v. Madayag, 578 SCRA 552))

CERTIFICATE OF TITLECERTIFICATE OF TITLE|A certificate of title may be an original certificate|A certificate of title may be an original certificate

of title, which constitutes a true copy of the decree of registration, or a transfer certificate of title, g , ,issued subsequent to original registration.|The title serves as evidence of an indefeasible and f

incontrovertible title one year after the issuance of the decree of registration by the LRA. (Del Prado v. Caballero, GR No. 148225, March 3, 2010)|A person dealing with registered land need not go p g g g

beyond, but only has to rely on, the title of his predecessor. (Guaranteed Homes v. Valdez, 577 SCRA 441)

yA certificate of title issued pursuant to adminisyA certificate of title issued pursuant to adminis-trative proceedings (e.g., homestead patent) is as i d f ibl titl i d th h j di i lindefeasible as any title issued through judicial proceedings provided the land is a disposablepublic land, and becomes incontrovertible one year after the issuance of the patent. (Republic v. Carle, 105 Phil. 1227)yA certificate of title based on an emancipationA certificate of title based on an emancipation

patent under PD No. 27 also enjoys the same protection as a certificate issued judicially orprotection as a certificate issued judicially or administratively. (Lonoy v. Sec. of Agrarian Reform R No 175049 Nov 27 2008)Reform, R No. 175049, Nov. 27, 2008)

y Statutory Liens Affecting Titley gy Every registered owner holds title free from

encumbrances except: (a) liens or rights not p ( ) grequired by law to be registered (b) unpaid real estate taxes (c) public highway (d) limitation ( ) p g y ( )on the use of property under agrarian reform and public land laws (e) liability to attachment p ( ) yor levy on execution (f) taking under eminent domain proceedings. (Sec. 44, PD No. 1529) p g ( , )y Purpose: to give the registered owner an

absolutely clean title, not subject to hidden y , jdefects or inchoate claims, as well as restrictions except those appearing in the p pp gcertificate or imposed by the law.

yVoluntary and involuntary registration distinguishedyVoluntary registration the purchaser becomesyVoluntary registration the purchaser becomes

the registered owner upon the filing and entry of the deed sale in the day book and the surrenderthe deed sale in the day book, and the surrender of the owners duplicate certificate of title to the RDRD.y Involuntary registration registration is complete

upon filing and entry of the order (of attachment, levy upon execution, notice o lis pendens, etc.) in the day book of the RD, without need of presenting the owners duplicate.

REMEDIES

REMEDIESREVIEW OF DECREEREVIEW OF DECREE

y In Eland Philippines v. Garcia, GR No. 173289, Feb. 17, 2010, the Court, citing Agcaoili, Property Registration Decree and g , p y gRelated Laws, held that courts may reopen the proceedings where a petition for review isthe proceedings where a petition for review is filed within one year from the issuance of the decree of registration based on actual ordecree of registration, based on actual or extrinsic fraud.

y Sec 32 PD No 1529 Review of Decreey Sec. 32, PD No. 1529. Review of Decree.y The decree of registration shall not be reopened or

revised by reason of absence minority or otherrevised by reason of absence, minority, or other disability of any person adversely affected thereby, nor by any proceeding in any court for reversingby any proceeding in any court for reversing judgments, subject, however, to the right of zany person, including the government and the branchesperson, including the government and the branches thereof, deprived of land or of any estate or interest therein by such adjudication of confirmation of title y jobtained by actual fraud, to file in the proper Regional Trial Court 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, b i h ll hbut in no case shall such

y petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest p f qtherein, 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

tifi t f titl h ll b i t tibl Acertificate of title shall become incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damagescase may pursue his remedy by action for damages against the applicant or any other persons responsible for the fraud for the fraud.

y Requisites: y (a) petitioner must have an interest in land;y (a) petitioner must have an interest in land; y (b) petition is based on actual or extrinsic

f dfraud;y (c) petition is filed within one year from the

i f h d f i i dissuance of the decree of registration; andy (d) property has not yet passed to innocent

purchaser for value. (Walstrom v. Mapa, 314 Phil. 527)

y Extrinsic fraud is the fraudulent act of the successful party committed outside the trial of a case against the defeated party which prevented the latter from fairly presenting his case.y Intrinsic fraud refers to acts of a party in a litigationIntrinsic 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 notinstruments or perjured testimony, which did not affect the presentation of the case, but did prevent a f i d j t d t i ti f th (P lfair and just determination of the case. (Palanca v. American Food Manufacturing, 24 SCRA 819)

|E l f i i f d|Examples of extrinsic fraudy Deliberate misrepresentation that the lot is not

contested when in fact it is;y Applying for land which the applicant knows had not

been alloted to him in the partition; y Willfully misrepresenting that there are no other

claims to the land;y Inducing a claimant not to oppose the application.

The overriding consideration is that the fraudulent scheme prevented a party from having his day in court.

h f d i h ff d i h j i di iThe fraud is one that affects and goes into the jurisdiction of the court.

y Innocent purchaser for valuey Innocent purchaser for valuey In no case shall such (petition for review) be

t t i d b th t h i t hentertained by the court where an innocent purchaser for value has acquired the land or an interest therein,

h i ht b j di d (S 32 PD Nwhose rights may be prejudiced. (Sec. 32, PD No. 1529)y An innocent purchaser for value is one who buys

the property of another without notice that some other person has a right to or interest in it, and who pays a full and fair price at the time of the purchase or before receiving any notice of another persons claim. (Rosales v. Burgos, 577 SCA 264)

y Every person dealing with registered land has a righty Every person dealing with registered land has a right to rely on the correctness of the title and is not obliged to go beyond the certificate to determine the conditionto go beyond the certificate to determine the condition of the property. (Unchuan v. CA, 161 SCRA 710)y In a series of transfers it is enough that the buyery In a series of transfers, it is enough that the buyer

examines the latest certificate of title and need not scrutinize each and every title that preceded itscrutinize each and every title that preceded it. (Tajonera v. CA, 103 SCRA 467)R l f (b b ) h by Rule of caveat emptor (buyer beware): one who buys without checking the vendors title takes all the risks

d l h f il (D i CAand losses consequent to such failure. (Dacasin v. CA, 80 SCRA 89)

yNemodatquodnonhabetyNemodatquodnonhabetyNoonecangivewhatonedoesnothave.O ll l h t i yOnecansellonlywhatoneownsorisauthorizedtosell,andthebuyercanacquire

h h h ll fnomorethanwhatthesellercantransferlegally.

y Prioresttemporae,priorestinjurayHewhoisfirstinrightispreferredinright.g p gyThus,whenthethingsoldisanimmovable,theonewhoacquiresitandfirstrecordsitinqtheRegistryofProperty,bothmadeingoodfaith,shallbedeemedtheownerfaith,shallbedeemedtheowner.

yRule of good faith equally applies to mortgagees (or other encumbrancers for value) (Sec. 32, PD No. 1529)y Thus where the Torrens title was issued throughThus, where the Torrens title was issued through

regular registration proceedings, a subsequent order for the cancellation nullification of the title is not afor the cancellation nullification of the title is not a ground for nullifying the mortgage rights of the bank. (St. Dominic v. IAC, 151 SCRA 577)bank. (St. Dominic v. IAC, 151 SCRA 577)y The right or lien of an innocent mortgagee must be

respected even if the mortgagor obtained his titlerespected even if the mortgagor obtained his title through fraud. (Blanco v. Esquierdo, 110 Phil. 494)

yBut unlike private individuals, banks (and other persons engaged in lending money) are expected to exercise greater care and prudence in their dealings for their business is invested with public g pinterest. (Metrobank v. SLGT Holdings, 533 SCRA 516; Cruz v. Bancom Finance, 379 SCRA SC 5 6; C u v. a co a ce, 379 SC490)yGood faith is a question of fact; the burden ofyGood faith is a question of fact; the burden of

proving the status of a buyer or mortgagee in good f ith t ith th ti th t t tfaith rests with the person asserting that status. (Sigaya v. Mayuga, 467 SCA 341)

yA mortgage is valid as between the parties even ifyA mortgage is valid as between the parties even if unregistered, but registration of a mortgage is i di bl t bi d thi d tiindispensable to bind third parties. y Prior registration of an adverse claim or notice

of lis pendens creates a preference as against a mortgage registered later. g g gy The subsequent registration of a prior mortgage

does not diminish this preference which retroactsdoes not diminish this preference, which retroactsto the date of the notice of adverse claim or lis

d (C B Fi C tipendens. (Cruz v. Bancom Finance Corporation, GR No. 147788, March 19, 2002)

T b l R i GR N 140258 D 7 2011y Torbela v. Rosario, GR No. 140258, Dec. 7, 2011y The resolution of this issue depends on the answer to

the question of whether or not Banco Filipino was a mortgagee in good faith. y On one hand, the Torbela siblings aver that Banco

Filipino is not a mortgagee in good faith because as l M 17 1967 h h d l d dearly as May 17, 1967, they had already annotated

Cornelio's adverse claim dated May 16, 1967 and Dr. R i ' D d f Ab l t Q it l i d t d D bRosario's Deed of Absolute Quitclaim dated December 28, 1964 on TCT No. 52751 as Entry Nos. 274471-274472 respectively274472, respectively.

y On the other hand, Banco Filipino asseverates that it is a mortgagee in good faith because per Section 70 ofa mortgagee in good faith because per Section 70 of Presidential Decree No. 1529, otherwise known as the Property Registration Decree the notice of adverseProperty Registration Decree, the notice of adverse claim, registered on May 17, 1967 by the Torbela siblings under Entry Nos. 274471-274472 on TCT No.siblings under Entry Nos. 274471 274472 on TCT No. 52751, already lapsed after 30 days or on June 16, 1967.

Wh th d S ti 110 f th L d R i t ti A ty Whether under Section 110 of the Land Registration Act or Section 70 of the Property Registration Decree, notice of adverse claim can only be cancelled after a party inof adverse claim can only be cancelled after a party in interest files a petition for cancellation before the RTC wherein the property is located and the RTC conducts awherein the property is located, and the RTC conducts a hearing and determines the said claim to be invalid or unmeritorious. u e to ous.y Banco Filipino cannot be deemed a mortgagee in good

faith, much less a purchaser in good faith at thefaith, much less a purchaser in good faith at the foreclosure sale of Lot No. 356-A. No petition for cancellation has been filed and no hearing has been gconducted herein to determine the validity or merit of the adverse claim of the Torbela siblings.

H th i ht f th T b l ibli L t Ny Hence, the right of the Torbela siblings over Lot No. 356-A is superior over that of Banco Filipino; and as the true owners of Lot No 356 A the Torbela siblingsthe true owners of Lot No. 356-A, the Torbela siblings are entitled to a reconveyance of said property even from Banco Filipinofrom Banco Filipino.y Banco Filipino, however, is not left without any

recourse should the foreclosure and sale of the tworecourse should the foreclosure and sale of the two other mortgaged properties be insufficient to cover Dr. Rosario's loan, for the bank may still bring a proper suitRosario s loan, for the bank may still bring a proper suit against Dr. Rosario to collect the unpaid balance.

y Under Article 2085 of the Civil Code one of theUnder Article 2085 of the Civil Code, one of the essential requisites of the contract of mortgage is that the mortgagor should be the absolute owner of the g gproperty to be mortgaged; otherwise, the mortgage is considered null and void. However, an exception to this rule is the doctrine of "mortgagee in good faith." Under this doctrine, even if the mortgagor is not the owner of the mortgaged property, the mortgage contract and any foreclosure sale arising therefrom are given effect by

f bli li Thi i i l i b d threason of public policy. This principle is based on the rule that all persons dealing with property covered by a Torrens Certificate of Title as buyers or mortgageesTorrens Certificate of Title, as buyers or mortgagees, are not required to go beyond what appears on the face of the titleof the title.

y This is the same rule that underlies the principle of "innocent purchasers for value " The prevailinginnocent purchasers for value. The prevailing jurisprudence is that a mortgagee has a right to rely in good faith on the certificate of title of the mortgagor togood faith on the certificate of title of the mortgagor to the property given as security and in the absence of any sign that might arouse suspicion, has no obligation to sign that might a ouse suspicion, has no obligation toundertake further investigation. Hence, even if the mortgagor is not the rightful owner of, or does not have g g g f fa valid title to, the mortgaged property, the mortgagee in good faith is, nonetheless, entitled to protection. (Torbela v. Rosario, supra)

yA deed of sale which was absolutely simulated isyA deed of sale which was absolutely simulated is null and void and does not convey any right that could ripen into valid title; there being no validcould ripen into valid title; there being no valid mortgage, there could be no valid foreclosure, and the bank cannot be considered as a mortgagee inthe bank cannot be considered as a mortgagee in good faith.

h l d h h l dyWhere title was issued through regular proceedings and was given as security for a bank loan, the subsequent declaration of the title as null and void is not a ground for nullifying the mortgage rights of the bank. (St. Dominic Corp. V. IAC, 151 SCRA 577; Blanco v. Esquierdo, 110 Phil. 494)

y Forged deed is a nullityy Forged deed is a nullityy Generally, a forged deed is a nullity and conveys

no title even if accompanied by the ownersno title, even if accompanied by the owner s duplicate certificate of title. (Joaquin v. Madrid, 106 Phil 1060)106 Phil. 1060) y The registered owner does not lose his title, and

neither does the assignee or mortgagee acquireneither does the assignee or mortgagee acquire any right to the property. (Bernales v. Sambaan, 610 SCRA 90)610 SCRA 90)y The innocent purchaser for value protected by law

is one who purchases a titled land by a virtue of ais one who purchases a titled land by a virtue of a deed executed by the registered owner himself, not by a forged deedby a forged deed.

yBut a forged deed may become the root of a valid title

f d d d b h f lid i ly A forged deed may become the root of a valid title in a bona fide purchaser if the certificate has

f f falready been transferred from the name of the true owner to the name of the forger or the

i i f d hil iname indicated by the forger, and while it remained that way, the land was subsequently sold

i h f l (S li lto an innocent purchaser for value. (Solivel v. Francisco, 170 SCRA 218)F h h d h d h i h l hy For then the vendee had the right to rely upon what appeared in the certificate. (Guaranteed Homes v. V ld 577 SCRA 441)Valdez, 577 SCRA 441)

y The right or lien of an innocent mortgagee for value upon the land mortgage must be respectedvalue upon the land mortgage must be respected and protected, even if the mortgagor obtained his title through fraudtitle through fraud.y The remedy of the persons prejudiced is to bring

an action for damages against those who caused the fraud, and if the latter are insolvent, an action against the Treasurer of the Philippines may be filed for the recovery of damages against the y g gAssurance Fund. (PNB v. CA and Chuy Kim Kit, 187 SCRA 735))

RECONVEYANCERECONVEYANCEy It is an action in personam seeking to transfer

property wrongfully registered to its rightful owner.yAn action for reconveyance respects the decree

of registration as incontrovertible but seeks theof registration as incontrovertible but seeks the transfer of property, which has been wrongfully or erroneously registered in another personsor erroneously registered in another person s name, to its rightful owner or a person who has

b tt i ht Ald B l GR N 169336a better right. Alde v. Bernal, GR No. 169336, March 18, 2010; Ybaez v. IAC, 194 SCRA 793 G l IAC 157SCRA 587)793; Gonzales v. IAC, 157SCRA 587)

R i iyRequisites: y (a) action is brought by party in interest after

one year from issuance of decree;y (b) registration was procured through actual

fraud; y (c) the property has not yet passed to innocent ( ) p p y y p

purchaser for value.yA party may file an action for reconveyance of theA party may file an action for reconveyance of the

property of which he has been illegally deprived even before the issuance of the decree (Mun ofeven before the issuance of the decree. (Mun. of Hagonoy v. Secretary, 73 SCRA 507)

yAction for reconveyance is an ordinary actionyAction for reconveyance is an ordinary action involving title to land, and should be filed in the ordinary courts where the land or portion thereofordinary courts where the land or portion thereof is situated. (Sec. 1, Rule 4; Latorre v. Latorre, GR N 183026 M h 20 2010 R bliNo. 183026, March 20, 2010; Republic v. Mangatora, GR No. 170375, July 7, 2010)y The action is in personam and is binding only on

persons impleaded. (Ching v. CA, 181 SCRA 9)p p ( g , )y In civil actions involving title to or interest in

property jurisdiction rests with the RTC whereproperty, jurisdiction rests with the RTC where assessed value of the property exceeds P20,000 (or P50 000 in Metro Manila)(or, P50,000 in Metro Manila).

yAn action for reconveyance has sometimes been t t d ti t i i ltreated as an action to quiet title.yRequisites for quieting of titley Plaintiff has a legal or equitable title or interest

in the propertyin the propertyy The deed, claim, encumbrance or proceeding

claimed to be casting a cloud on his title mustclaimed to be casting a cloud on his title must be shown to be invalid or inoperative despite its

i f i f liditprima facie appearance of validity.

Q i i f i l ill iy Quieting of title, illustration:y Jose who is an agent, in representation of Pedro,

ll h l h M i Th d d f l isells the latters house to Mario. The deed of sale is executed in a public instrument and there is no i di ti th t th th it f th t i t iindication that the authority of the agent is not in writing. The deed of sale appears to be valid and ff ti it feffective on its face.

y As the authority of Jose to sell is not in writing, the l i id (A t 1874 CC) P d fil itsale is void (Art. 1874, CC). Pedro can file a suit

against the buyer Mario to quiet his title. (Pineda, P t )Property)

y Prescription of action for reconveyanceyAction based on fraud 4 yearsyAction based on implied trust 10 yearsAction based on implied trust 10 yearsyAction based on void contract imprescriptible

i i i l h l i iff i iyAction to quiet title where plaintiff is in possession imprescriptible (See Agcaoili, Property Registration Decree, on prescription and laches)

yBut laches may bar recovery. (Lucas v. Gamponia, 100 Phil 277)100 Phil. 277)

y Elements of lachesy Conduct of defendant giving rise to a situation of

which complaint is made and for which the complainant seeks a remedy;y Delay in asserting complainants rights despite

opportunity to do so;pp y ;y Lack of knowledge or notice on the part of

defendant that complainant would assert his right;defendant that complainant would assert his right; and y Injury or prejudice to defendant if relief is accordedy Injury or prejudice to defendant if relief is accorded

complainant, or the suit is not held to be barred.

y Illustrative cases of lachesy Petitioners action to recover title and possession of

the disputed lot was made only after 12 years fromthe disputed lot was made only after 12 years from the registration of the sale to defendant. (De la Calzada-Cierras v CA 212 SCRA 390)Calzada-Cierras v. CA, 212 SCRA 390)y The claimed owner of a lot failed to appear during

the cadastral proceedings and