AGRARIAN REFORM LAW ASSIGNMENT FOR JULY 6, 2015


AGRARIAN REFORM LAW ASSIGNMENT FOR JULY 6, 2015

Part Three – Land Acquisition

  1. Agrarian Reform Defined – Sec. 3(a), RA 6657
  2. Scope of the Program – Sec. 4, RA 6657
  3. Priorities of Coverage – Sec. 7, RA 6657
  4. Land Acquisition: Compulsory Acquisition – Sec. 16, RA 6657
  5. Land Acquisition: Voluntary Offer to Sell – Sec. 19, RA 6657

Legal Provision:

  1. Corporate Landowners: Stock Distribution Option – Sec. 31, RA 6657Award of Lands to Children of Landowners – Sec. 6, RA 6657

Issuance: DAR AO 2, S. 2009 – Rules and Regulations on the Acquisition and Distribution of Agricultural Lands under RA 6657, as amended by RA 9700

Part Four – Retention, Exemption and Exclusions

  1. Retention Rights – Sec. 6, RA 6657

Case: Alita vs. CA, G.R. No. 78517, February 27, 1989

Issuance: DAR AO 2, S. 2003 – 2003 Rules of Procedure on Landowners Retention Rights

  1. Exemptions and Exclusions – Sec. 10, RA 6657
  2. Sec. 3(c) of RA 6657, in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty v. DAR, GR No. 103302, August 12, 1993

Issuances:

  1. DAR AO 13, S. 1990 – Rules and Procedures Governing Exemptions of Lands under Sec. 10 of RA 6657
  2. DAR AO 4, S. 2003 – 2003 Rules on Exemption of Lands under Sec. 3c, RA 6657 and DOJ Opinion 44 s. 1990

Cases:

  1. Milestone Farms, Inc., v. Office of the President, G.R. No. 182332. February 23, 2011
  2. Luz Farms v. Sec. of Agrarian Reform, GR No. 86889, December 4, 1990
  3. DAR v. Sutton, G.R. No. 162070. October 19, 2005
  4. RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP

Issuance: DAR AO 3, S. 1995 – Rules and Regulations on the Exemption of Fishponds from the Coverage of CARL pursuant to RA 7881

Cases:

  1. Central Mindanao University v. DARAB, G.R. No. 100091.  October 22, 1992
  2. DAR v. DECS, G.R. No. 158228. March 23, 2004
  3. Province of Camarines Sur v. CA, G.R. No. 103125 May 17, 1993
  4. Roxas & Company, Inc. v. DAMBA-NFSW, G.R. No. 149548. December 4, 2009

AGRARIAN REFORM LAW ASSIGNMENT FOR JUNE 29, 2015


AGRARIAN REFORM LAW ASSIGNMENT FOR JUNE 29, 2015

Part Three – Land Acquisition

  1. Agrarian Reform Defined – Sec. 3(a), RA 6657
  2. Scope of the Program – Sec. 4, RA 6657
  3. Priorities of Coverage – Sec. 7, RA 6657
  4. Land Acquisition: Compulsory Acquisition – Sec. 16, RA 6657
  5. Land Acquisition: Voluntary Offer to Sell – Sec. 19, RA 6657

Cases:

  1. Association of Small Landowners in the Phils. v. Sec. of Agrarian Reform, GR. No. 79310 , July 14, 1989
  2. Roxas v. CA, GR No. 127876, Dec. 17, 1999
  3. Corporate Landowners: Stock Distribution Option – Sec. 31, RA 6657
  4. Award of Lands to Children of Landowners – Sec. 6, RA 6657

Issuance: DAR AO 2, S. 2009 – Rules and Regulations on the Acquisition and Distribution of Agricultural Lands under RA 6657, as amended by RA 9700

Part Four – Retention, Exemption and Exclusions

  1. Retention Rights – Sec. 6, RA 6657

Case: Alita vs. CA, G.R. No. 78517, February 27, 1989

Issuance: DAR AO 2, S. 2003 – 2003 Rules of Procedure on Landowners Retention Rights

  1. Exemptions and Exclusions – Sec. 10, RA 6657
  2. Sec. 3(c) of RA 6657, in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty v. DAR, GR No. 103302, August 12, 1993

Issuances:

  1. DAR AO 13, S. 1990 – Rules and Procedures Governing Exemptions of Lands under Sec. 10 of RA 6657
  2. DAR AO 4, S. 2003 – 2003 Rules on Exemption of Lands under Sec. 3c, RA 6657 and DOJ Opinion 44 s. 1990

Cases:

  1. Milestone Farms, Inc., v. Office of the President, G.R. No. 182332. February 23, 2011
  2. Luz Farms v. Sec. of Agrarian Reform, GR No. 86889, December 4, 1990
  3. DAR v. Sutton, G.R. No. 162070. October 19, 2005
  4. RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP

AGRARIAN REFORM LAW ASSIGNMENT FOR JUNE 22, 2015


AGRARIAN REFORM LAW ASSIGNMENT FOR JUNE 22, 2015

Part One – Overview of the Course on Agrarian Law

  1. General Concepts of Agrarian Reform
  2. Historical and Legal Backdrop

Part Two – Legislative Backdrop

  1. RA 3844, as amended by RA 6389 – Code of Agrarian Reforms of the Philippines
  2. PD 27 – Decree Emancipating Tenants from the Bondage of the Soil
  3. EO 129-A – Modifying EO 129 Reorganizing and Strengthening DAR
  4. EO 228 – Declaring Full Land Ownership to Qualified Beneficiaries under PD 27
  5. Proc. 131 – Instituting a Comprehensive Agrarian Reform Program
  6. RA 6657 – Comprehensive Agrarian Reform Program enacted on June 10, 1988
  7. Sec. 2 of RA 6657, as amended by RA 9700 – Declaration of Principles and Policies
  8. RA 7881 – Amending the CARP
  9. RA 9700 – Strengthening the CARP

Part Three – Land Acquisition

  1. Agrarian Reform Defined – Sec. 3(a), RA 6657
  2. Scope of the Program – Sec. 4, RA 6657
  3. Priorities of Coverage – Sec. 7, RA 6657
  4. Land Acquisition: Compulsory Acquisition – Sec. 16, RA 6657
  5. Land Acquisition: Voluntary Offer to Sell – Sec. 19, RA 6657

Cases:

  1. Association of Small Landowners in the Phils. v. Sec. of Agrarian Reform, GR. No. 79310 , July 14, 1989
  2. Roxas v. CA, GR No. 127876, Dec. 17, 1999
  3. Corporate Landowners: Stock Distribution Option – Sec. 31, RA 6657
  4. Award of Lands to Children of Landowners – Sec. 6, RA 6657

Issuance: DAR AO 2, S. 2009 – Rules and Regulations on the Acquisition and Distribution of Agricultural Lands under RA 6657, as amended by RA 9700

AGRARIAN REFORM LAW COURSE OUTLINE 2015


AGRARIAN REFORM LAW

1st Semester, AY 2015-2016

ATTY. ALVIN T. CLARIDADES

PUP College of Law

COURSE OUTLINE

Part One – Overview of the Course on Agrarian Law

  1. General Concepts of Agrarian Reform
  2. Historical and Legal Backdrop

Part Two – Legislative Backdrop

  1. RA 3844, as amended by RA 6389 – Code of Agrarian Reforms of the Philippines
  2. PD 27 – Decree Emancipating Tenants from the Bondage of the Soil
  3. EO 129-A – Modifying EO 129 Reorganizing and Strengthening DAR
  4. EO 228 – Declaring Full Land Ownership to Qualified Beneficiaries under PD 27
  5. Proc. 131 – Instituting a Comprehensive Agrarian Reform Program
  6. RA 6657 – Comprehensive Agrarian Reform Program enacted on June 10, 1988
  7. Sec. 2 of RA 6657, as amended by RA 9700 – Declaration of Principles and Policies
  8. RA 7881 – Amending the CARP
  9. RA 9700 – Strengthening the CARP

Part Three – Land Acquisition

  1. Agrarian Reform Defined – Sec. 3(a), RA 6657
  2. Scope of the Program – Sec. 4, RA 6657
  3. Priorities of Coverage – Sec. 7, RA 6657
  4. Land Acquisition: Compulsory Acquisition – Sec. 16, RA 6657
  5. Land Acquisition: Voluntary Offer to Sell – Sec. 19, RA 6657

Cases:

  1. Association of Small Landowners in the Phils. v. Sec. of Agrarian Reform, GR. No. 79310 , July 14, 1989
  2. Roxas v. CA, GR No. 127876, Dec. 17, 1999
  3. Corporate Landowners: Stock Distribution Option – Sec. 31, RA 6657
  4. Award of Lands to Children of Landowners – Sec. 6, RA 6657

Issuance: DAR AO 2, S. 2009 – Rules and Regulations on the Acquisition and Distribution of Agricultural Lands under RA 6657, as amended by RA 9700

Part Four – Retention, Exemption and Exclusions

  1. Retention Rights – Sec. 6, RA 6657

Case: Alita vs. CA, G.R. No. 78517, February 27, 1989

Issuance: DAR AO 2, S. 2003 – 2003 Rules of Procedure on Landowners Retention Rights

  1. Exemptions and Exclusions – Sec. 10, RA 6657
  2. Sec. 3(c) of RA 6657, in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty v. DAR, GR No. 103302, August 12, 1993

Issuances:

  1. DAR AO 13, S. 1990 – Rules and Procedures Governing Exemptions of Lands under Sec. 10 of RA 6657
  2. DAR AO 4, S. 2003 – 2003 Rules on Exemption of Lands under Sec. 3c, RA 6657 and DOJ Opinion 44 s. 1990

Cases:

  1. Milestone Farms, Inc., v. Office of the President, G.R. No. 182332. February 23, 2011
  2. Luz Farms v. Sec. of Agrarian Reform, GR No. 86889, December 4, 1990
  3. DAR v. Sutton, G.R. No. 162070. October 19, 2005
  4. RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP

Issuance: DAR AO 3, S. 1995 – Rules and Regulations on the Exemption of Fishponds from the Coverage of CARL pursuant to RA 7881

Cases:

  1. Central Mindanao University v. DARAB, G.R. No. 100091.  October 22, 1992
  2. DAR v. DECS, G.R. No. 158228. March 23, 2004
  3. Province of Camarines Sur v. CA, G.R. No. 103125 May 17, 1993
  4. Roxas & Company, Inc. v. DAMBA-NFSW, G.R. No. 149548. December 4, 2009

Part Five – Land Valuation

  1. Land Valuation under Operation Land Transfer pursuant to PD 27
  2. PD 27 and EO 228: Valuation Formula under para. 4 of PD 27 and Sec. 2 of EO 228
  3. Determination of Just Compensation – Sec. 17, RA 6657
  4. Valuation and Mode of Compensation – Sec. 18, RA 6657
  5. Procedure for Acquisition of Private Lands in Case of Landowner’s Rejection or Failure to Reply – Sec. 16 (d) of RA 6657
  6. Land Valuation and Landowner Compensation, Sec. IV-D of DAR AO 2, S. 2009

Cases:            

  1. Just Compensation as discussed in Association of Small Landowners in the Philippines v. Secretary of Agrarian Reform, GR. No. 78742, July 14, 1989
  2. Land Bank of the Phils. v. Natividad, G.R. No. 127198. May 16, 2005
  3. Land Bank of the Phils. vs. CA, GR No. 118712, Oct. 6, 1995
  4. Lubrica v. Land Bank of the Phils., G.R. No. 170220. November 20, 2006

Issuance: Preliminary Determination of Just Compensation per Rule XIX of the 2009 DARAB Rules of Procedure

Part Six – Land Redistribution

  1. Land Redistribution per Secs. 22 to 27 of RA 6657, as amended
  2. Principle of affordability to the farmers

Case: Land Bank of the Phils. v. Palmares, G.R. No. 192890, June 17, 2013

  1. Indefeasibility of Titles

Case:  Estribillo v. DAR, G.R. No. 159674. June 30, 2006

Part Seven- Land Tenure Improvement

  1. Determination of Lease Rentals – Sec. 12, RA 6657
  2. Leasehold Relationship

Cases:

  1. Caballes v. DAR, GR No. 78214, December 5, 1988
  2. Gabriel v. Pangilinan, G.R. No. L-27797.  August 26, 1974
  3. Gelos v. CA, G.R. No. 86186.  May 8, 1992

Issuance: AO 2, S. 2006 – Revised Rules and Procedures Governing Leasehold Implementation in Tenanted Agricultural Lands

  1. Production-Sharing – Sec 32, RA 6657
  2. Agribusiness Venture Arrangements (AVAs) in Agrarian Reform Areas per DAR AO 09-06

Part Eight – Conversion of Agricultural Lands

  1. Conversion of Lands – Sec 65, RA 6657
  2. Conversion of Agricultural Lands: Difference among Exemption, Conversion and Reclassification

Cases:

  1. CREBA v. Secretary of Agrarian Reform, G.R. No. 183409. June 18, 2010
  2. Ros v. DAR, G.R. No. 132477. August 31, 2005
  3. Land Reclassification – Sec. 20 of RA 7160 or the Local Government Code of 1991

Issuances:

  1. MC 54, s. 1993 from the Office of the President – Prescribing the Guidelines governing Sec. 20 of RA 7160 Authorizing Cities And Municipalities to Reclassify Agricultural Lands to Non-Agricultural Uses
  2. DAR AO 1-02 – The 2002 Comprehensive Rules on Land Conversion

Case: Fortich v. Corona, GR. No. 131457, April 24, 1998 – Decision, Opinion and Resolution of the Motion for Reconsideration with the Decision of the Office of the President (OP) on the Sumilao Case

Part Nine – Mechanisms for Program Implementation

  1. Presidential Agrarian Reform Council – Secs. 41, 42, 43, 49, RA 6657
  2. Provincial Agrarian Reform Coordinating Committee – Secs. 44 and 45, RA 6657
  3. Barangay Agrarian Reform Committee – Secs. 46 to 48, RA 6657
  4. Department of Agrarian Reform – EO 129-A dated July 26, 1987
  5. Department of Agrarian Reform Adjudication Board (DARAB) – Sec. 13, EO 129-A

Part Ten – Financing the Program

  1. Funding Source per Sec. 63 of RA 6657 and Financing under Secs. 21 and 22 of EO 229 (1987)
  2. RA 8532 (1998) Providing Augmentation Fund for the CARP with an Additional Amount of Fifty Billion Pesos
  3. Additional Funding Source – Sec. 21 of RA 9700, amending Sec. 63 of RA 6657

Part Eleven – Agrarian Justice or the Resolution of Agrarian Disputes

  1. Administrative Adjudication – Secs. 50-53 of RA 6657
  2. DAR AO 3, S. 2003 – 2003 Rules on Agrarian Law Implementation [ALI] Cases
  3. The 2009 DARAB Rules of Procedure

Case: Vda. de Tangub vs. CA, UDK 9864, December 3, 1990

  1. Award to Beneficiaries – Sec. 9 of RA 9700 amending Sec. 24 of RA 6657

Issuance: DAR AO 3, S. 2009 – Rules and Procedures Governing the Cancellation of Registered CLOAs, EPs and Other Titles Issued under Any Agrarian Reform Frogram

Case: DAR v. Cuenca, G.R. No. 154112. September 23, 2004

  1. Exclusive Jurisdiction on Agrarian Dispute – Sec. 19, RA 9700 amending Sec. 50-A, RA 6657

Issuance: DAR AO 4, S. 2009 – Rules and Regulations Implementing Sec. 19 of RA 9700 (Jurisdiction on and Referral of Agrarian Disputes)

  1. Special Agrarian Courts – Sec 57, RA 6657

Cases:

  1. Land Bank of the Phils. v. CA, GR No. 128557, December 29, 1999
  2. Land Bank of the Phils. v. Celada, G.R. No. 164876. January 23, 2006
  3. Land Bank of the Phils. v. Heirs of Eleuterio Cruz, G.R. No. 175175, September 29, 2008
  4. Land Bank of the Phils. v. Martinez, G.R. No. 169008. August 14, 2007
  5. Phil. Veterans Bank v. CA, GR No. 132767, January 18, 2000
  6. Modes of Appeal/Review from the DARAB
  7. Rule 43 of the Rules of Court (1997 Rules of Civil Procedure)
  8. Certiorari – Sec. 54 of RA 6657 and Rule 65 of the Rules of Court

Part Twelve – Jurisdiction on Agrarian Disputes

  1. Updates on Laws on Rules of Procedure of DARAB
  2. Jurisprudence on Jurisdiction over Agrarian Cases

Cases:

  1. DAR v. Paramount Holdings Equities, Inc., G.R. No. 176838, June 13, 2013
  2. Del Monte Phils. Inc. Employees Agrarian Reform Beneficiaries Cooperative (DEARBC) v. Sangunay, G.R. No. 180013, January 31, 2011

Part Thirteen – Support Services

  1. Support Services to Stakeholders – Secs. 36 to 29, RA 6657
  2. Prohibited Acts and Omissions under Sec. 73 of RA 6657

Part Fourteen – Individual Presentation and Submission of Case Digests and Draft Decisions

LAND TITLES AND DEEDS – ASSIGNMENT FOR MAY 16, 2015


JG Summit Holdings, Inc. v. CA, G.R. No. 124293. Jan. 31, 2005

LAND TITLES AND DEEDS – ASSIGNMENT FOR MAY 16, 2015

6. Regalian Doctrine; Concept and Effects

Aranda v. Republic, G.R. No. 172331. August 24, 2011

Chavez v. PEA, G.R. No. 133250. July 9, 2002

7. Native Title and Possession Since Time Immemorial

Secs. 3 (l) and 3 (p), IPRA

III. Modes of Acquiring Title

1. Original Registration under Sec. 14 of P.D. 1529

2. Open, continuous, exclusive and notorious possession

Republic v. CA and Naguit, GR No 144057, January 17,2005

3. By prescription

Heirs of Lacamen v. Heirs of Laruan, G.R. No. L-27088 July 31, 1975

4. By accretion

Binalay v Manalo, G.R. No. 92161 March 18, 1991

5.  By reclamation

Republic v. CA, G.R. No. 103882.  November 25, 1998

6. Judicial Confirmation of Imperfect Title under C.A. 141

Sec. 2, R.A. 9176

Director of Lands v. IAC, G.R. No. 73002. December 29, 1986

Director of Lands v. Abairo, G.R. No. L-34602 May 31,

Cadastral Act or Act No. 2259

7. Administrative Methods

8. Free Patent, Homestead and Sale

9. Emancipation Patent

10. Indefeasibility of title through administrative method

Heirs of Tengco v. Heirs of Aliwalas, G.R. No. 77541. Nov. 29, 1988

Cruz v. Secretary of ENR, G.R. No. 135385. December 6, 2000, Read separate opinion by Justice Puno

Citizenship Requirement

Individuals

Filipino Citizens

Sec. 3, Article XII, 1987 Constitution

Former Natural-Born Filipino Citizens

Sec. 8, Article XII, 1987 Constitution Sec. 10, Foreign Investments Act of 1991

Aliens

Sec. 7, Article XII, Constitution

Cheesman v. IAC, G.R. No. 74833 January 21, 1991

Muller v. Muller, G.R. No. 149615 August 29, 2006

Corporations; limitations

Sec. 3, Article XII, 1987 Constitution)

(DOJ Opinion, 1973)

JG Summit Holdings, Inc. v. CA, G.R. No. 124293. Jan. 31, 2005JG Summit Holdings, Inc

RD of Rizal v. Ung Siu Temple, G.R. No. L-6776. May 21, 1955

Condominium Corporation Owns the Land

Sec. 5, Condominium Act or RA 4726

Corporation Leases the Land

DOJ Opinion 1973 Sec. 4, Investors’ Lease Act or R.A. 7652

Land is Co-owned by the Unit Owners

Sec. 5, Condominium Act or RA 4726

Original Registration

Possession

Sec. 14 (1), P.D. 1529 and Sec. 48 (b), C.A. 141

Aranda v. Republic, G.R. No. 172331. August 24, 2011

Prescription

Heirs of Malabanan v. Republic, G.R. No. 179987. April 29, 2009

Non-Registrable Property

Bureau of Forestry v. CA, G.R. No. L-37995 August 31, 1987

Indigenous Cultural Communities or Indigenous Peoples

Sec. 48 (c), C.A. 141

Sec. 12, IPRA

Registration Requirements and Procedures

Jurisdiction

Secs. 17 and 18, P.D. 1529 OCA Circular No. 38-97

Evidence

Sec. 17, P.D. 1529

De Vera-Cruz v. Miguel, G.R. No. 144103.  August 31, 2005

Director of Lands v. CA, G.R. No. 102858. July 28, 1997

Survey

Director of Lands v. Reyes, G.R. No. L-27594. November 28, 1975

Application

Director of Lands v. Tesalona, G.R. No. 66130. September 8, 1994

Divina vs. CA, G.R. No. 117734. February 22, 2001

Setting the Date of Initial Hearing

Transmittal of the Order of the Court to the LRA

Preparation and Issuance of the Notice of Initial Hearing

Publication, Mailing and Posting

Secs. 3 and 24, P.D. 1529

Director of Lands v. CA, G.R. No. 102858. July 28, 1997

Opposition and Default

Sec. 25, P.D. 1529

Sec. 26, P.D. 1529

Albano v. CA, G.R. No. 144708. August 10, 2001

Yabut Lee vs. Punzalan, G.R. No. L-50236 August 29, 1980

Initial Hearing and Presentation of Evidence

Gonzaga v. CA, G.R. No. 96259. September 3, 1996

Ignacio v. CA, G.R. No. 98920 July 14, 1995

Judgment and Decree of Registration of land issued by LRA

Sec. 39, P.D. 1529

Laburada v. LRA, G.R. No. 101387. March 11, 1998

Navarro v. Director of Lands, G.R. No. L-18814. July 31, 1962

Case digests to be submitted (in your own handwriting):

  1. Legarda v. Saleeby, G.R. No. L-8936 October 2, 1915
  2. Republic v. Umali, G.R. No. 80687 April 10, 1989
  3. Pino v. CA, G.R. No. 94114 June 19, 1991
  4. Traders Royal Bank v. CA, G.R. No. 114299.  September 24, 1999
  5. Casimiro Devt. Corp. v. Mateo, G.R. No. 175485. July 27, 2011
  6. Laburada v. LRA, G.R. No. 101387.  March 11, 1998
  7. Heirs of Lopez v. De Castro, G.R. No. 112905. February 3, 2000
  8. Republic v. Herbieto, G.R. No. 156117.  May 26, 2005]
  9. Secretary of DENR v. Yap, G.R. No. 167707. October 8, 2008
  10. Reyes v. Raval Reyes, G.R. Nos. L-21703-04. August 31, 1966
  11. National Grains Authority v. IAC, G.R. No. L-68741 Jan. 28, 1988
  12. Cajayon v. Spouses Batuyong, G.R. No. 149118. February 16, 2006
  13. Sps. Valenzuela v. Sps. Mano, G.R. No. 172611, July 9, 2010
  14. Caraan v. CA, G.R. No. 140752. Nov. 11, 2005
  15. De Guzman v. Agbagala, G.R. No. 163566. Feb. 19, 2008
  16. Heirs of Maximo Labanon v. Heirs of Constancio Labanon, G.R. No. 160711. Aug, 14, 2004
  17. Lepanto Consolidated Mining Co. v. Dumyung, G.R. Nos. L-31666, L-31667 and L-31668 April 30, 1979
  18. Republic v. Guerrero, G.R. No. 133168. March 28, 2006
  19. Javier v. Concepcion, G.R. No. L-36566. November 7, 1979
  20. Madrid v. Spouses Martinez, G.R. No. 150887. August 14, 2009
  21. Carbonilla v. Abiera, G.R. No. 177637. July 26, 2010

LAND TITLES AND DEEDS – ASSIGNMENT FOR MAY 2, 2015


LAND TITLES AND DEEDS – ASSIGNMENT FOR MAY 2, 2015

  1. Torrens System of Land Registration
  2. Background
  3. Import and Purpose

Traders Royal Bank v. CA, G.R. No. 114299.  September 24, 1999 (digest)

Casimiro Devt. Corp. v. Mateo, G.R. No. 175485. July 27, 2011 (digest)

  1. Characteristics
  2. Bars all prior claims not registered
  3. Best Evidence of Ownership
  4. Imprescriptible
  5. Indefeasible
  6. Integrity of titles not subject to collateral attack
  7. Notice to the Whole World
  8. Presumption that title is regular and valid
  9. Reliance on registered titles
  10. Nature of the Proceedings

Heirs of Lopez v. De Castro, G.R. No. 112905. February 3, 2000 (digest)

  1. In Relation to the Public Land Act (CA 141, as amended)

Republic v. Herbieto, G.R. No. 156117.  May 26, 2005 (digest)

Secretary of DENR v. Yap, G.R. No. 167707. October 8, 2008 (digest)

  1. Governing Laws

Property Registration Decree or P.D. 1529

Arts. 708 to 711, Civil Code of the Philippines

  1. Administration

Land Registration Authority Registries of Deeds

  1. Certificate of Title
  2. Original Registration – Ordinary Registration Proceedings (Secs. 14 to 34, PD 1529)
  3. Original Registration – Cadastral Registration Proceedings (Secs. 35 to 38, PD 1529)
  4. 3. Certificate of Title (Secs. 39 to 50, P.D. 1529)

Reyes v. Raval Reyes, G.R. Nos. L-21703-04. August 31, 1966

National Grains Authority v. IAC, G.R. No. L-68741 Jan. 28, 1988

Sps. Valenzuela v. Sps. Mano, G.R. No. 172611, July 9, 2010

  1. Indefeasibility of Title

Caraan v. CA, G.R. No. 140752. Nov. 11, 2005

De Guzman v. Agbagala, G.R. No. 163566. Feb. 19, 2008

Heirs of Maximo Labanon v. Heirs of Constancio Labanon, G.R. No. 160711. Aug, 14, 2004

Lepanto Consolidated Mining Co. v. Dumyung, G.R. Nos. L-31666, L-31667 and L-31668 April 30, 1979

Republic v. Guerrero, G.R. No. 133168. March 28, 2006

3. Prescription

Javier v. Concepcion, G.R. No. L-36566. November 7, 1979

4. Collateral Attack

Halili v. CIR, G.R. No. L-24864. May 30, 1996

Madrid v. Spouses Martinez, G.R. No. 150887. August 14, 2009

5. Right of Possession Arising From Title

Carbonilla v. Abiera, G.R. No. 177637. July 26, 2010

Certificate of Title (Secs. 39 to 50, P.D. 1529)


Certificate of Title (Secs. 39 to 50, P.D. 1529)

CHAPTER IV
CERTIFICATE OF TITLE

Sec. 39. Preparation of decree and Certificate of Title. After the judgment directing the registration of title to land has become final, the court shall, within fifteen days from entry of judgment, issue an order directing the Commissioner to issue the corresponding decree of registration and certificate of title. The clerk of court shall send, within fifteen days from entry of judgment, certified copies of the judgment and of the order of the court directing the Commissioner to issue the corresponding decree of registration and certificate of title, and a certificate stating that the decision has not been amended, reconsidered, nor appealed, and has become final. Thereupon, the Commissioner shall cause to be prepared the decree of registration as well as the original and duplicate of the corresponding original certificate of title. The original certificate of title shall be a true copy of the decree of registration. The decree of registration shall be signed by the Commissioner, entered and filed in the Land Registration Commission. The original of the original certificate of title shall also be signed by the Commissioner and shall be sent, together with the owner’s duplicate certificate, to the Register of Deeds of the city or province where the property is situated for entry in his registration book.

Sec. 40. Entry of Original Certificate of Title. Upon receipt by the Register of Deeds of the original and duplicate copies of the original certificate of title the same shall be entered in his record book and shall be numbered, dated, signed and sealed by the Register of Deeds with the seal of his office. Said certificate of title shall take effect upon the date of entry thereof. The Register of Deeds shall forthwith send notice by mail to the registered owner that his owner’s duplicate is ready for delivery to him upon payment of legal fees.

Sec. 41. Owner’s duplicate certificate of title. The owner’s duplicate certificate of title shall be delivered to the registered owner or to his duly authorized representative. If two or more persons are registered owners, one owner’s duplicate certificate may be issued for the whole land, or if the co-owners so desire, a separate duplicate may be issued to each of them in like form, but all outstanding certificates of title so issued shall be surrendered whenever the Register of Deeds shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein. The Register of Deeds shall note on each certificate of title a statement as to whom a copy thereof was issued.

Sec. 42. Registration Books. The original copy of the original certificate of title shall be filed in the Registry of Deeds. The same shall be bound in consecutive order together with similar certificates of title and shall constitute the registration book for titled properties.

Sec. 43. Transfer Certificate of Title. The subsequent certificate of title that may be issued by the Register of Deeds pursuant to any voluntary or involuntary instrument relating to the same land shall be in like form, entitled “Transfer Certificate of Title”, and likewise issued in duplicate. The certificate shall show the number of the next previous certificate covering the same land and also the fact that it was originally registered, giving the record number, the number of the original certificate of title, and the volume and page of the registration book in which the latter is found.

Sec. 44. Statutory liens affecting title. Every registered owner receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted in said certificate and any of the following encumbrances which may be subsisting, namely:

First. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record.

Second. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of any right over the land by an innocent purchaser for value, without prejudice to the right of the government to collect taxes payable before that period from the delinquent taxpayer alone.

Third. Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined.

Fourth. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform.

Sec. 45. Statement of personal circumstances in the certificate. Every certificate of title shall set forth the full names of all persons whose interests make up the full ownership in the whole land, including their civil status, and the names of their respective spouses, if married, as well as their citizenship, residence and postal address. If the property covered belongs to the conjugal partnership, it shall be issued in the names of both spouses.

Sec. 46. General incidents of registered land. Registered land shall be subject to such burdens and incidents as may arise by operation of law. Nothing contained in this decree shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, landlord and tenant, or from liability to attachment or levy on execution, or from liability to any lien of any description established by law on the land and the buildings thereon, or on the interest of the owner in such land or buildings, or to change the laws of descent, or the rights of partition between co-owners, or the right to take the same by eminent domain, or to relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankcruptcy under the laws relative to preferences, or to change or affect in any way other rights or liabilities created by law and applicable to unregistered land, except as otherwise provided in this Decree.

Sec. 47. Registered land not subject to prescriptions. No title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession.

Sec. 48. Certificate not subject to collateral attack. A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or canceled except in a direct proceeding in accordance with law.

Sec. 49. Splitting, or consolidation of titles. A registered owner of several distinct parcels of land embraced in and covered by a certificate of title desiring in lieu thereof separate certificates, each containing one or more parcels, may file a written request for that purpose with the Register of Deeds concerned, and the latter, upon the surrender of the owner’s duplicate, shall cancel it together with its original and issue in lieu thereof separate certificates as desired. A registered owner of several distinct parcels of land covered by separate certificates of title desiring to have in lieu thereof a single certificate for the whole land, or several certificates for the different parcels thereof, may also file a written request with the Register of Deeds concerned, and the latter, upon the surrender of the owner’s duplicates, shall cancel them together with their originals, and issue in lieu thereof one or separate certificates as desired.

Sec. 50. Subdivision and consolidation plans. Any owner subdividing a tract of registered land into lots which do not constitute a subdivision project has defined and provided for under P.D. No. 957, shall file with the Commissioner of Land Registration or with the Bureau of Lands a subdivision plan of such land on which all boundaries, streets, passageways and waterways, if any, shall be distinctly and accurately delineated.

If a subdivision plan, be it simple or complex, duly approved by the Commissioner of Land Registration or the Bureau of Lands together with the approved technical descriptions and the corresponding owner’s duplicate certificate of title is presented for registration, the Register of Deeds shall, without requiring further court approval of said plan, register the same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of the national government, province, city or municipality, no portion of any street, passageway, waterway or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the approval of the Court of First Instance of the province or city in which the land is situated.

A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, shall file with the Land Registration Commission, a consolidation plan on which shall be shown the lots to be affected, as they were before, and as they will appear after the consolidation. Upon the surrender of the owner’s duplicate certificates and the receipt of consolidation plan duty approved by the Commission, the Register of Deeds concerned shall cancel the corresponding certificates of title and issue a new one for the consolidated lots.

The Commission may not order or cause any change, modification, or amendment in the contents of any certificate of title, or of any decree or plan, including the technical description therein, covering any real property registered under the Torrens system, nor order the cancellation of the said certificate of title and the issuance of a new one which would result in the enlargement of the area covered by the certificate of title.