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.

Original Registration – Cadastral Registration Proceedings (Secs. 35 to 38, PD 1529)


Original Registration – Cadastral Registration Proceedings (Secs. 35 to 38, PD 1529)

II
CADASTRAL REGISTRATION PROCEEDINGS

  1. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY; NOTICES

Sec. 35. Cadastral Survey preparatory to filing of petition.

(a) When in the opinion of the President of the Philippines public interest so requires that title to any unregistered lands be settled and adjudicated, he may to this end direct and order the Director of Lands to cause to be made a cadastral survey of the lands involved and the plans and technical description thereof prepared in due form.

(b) Thereupon, the Director of Lands shall give notice to persons claiming any interest in the lands as well as to the general public, of the day on which such survey will begin, giving as fully and accurately as possible the description of the lands to be surveyed. Such notice shall be punished once in the Official Gazette, and a copy of the notice in English or the national language shall be posted in a conspicuous place on the bulletin board of the municipal building of the municipality in which the lands or any portion thereof is situated. A copy of the notice shall also be sent to the mayor of such municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned.

(c) The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey shall give notice reasonably in advance of the date on which the survey of any portion of such lands is to begin, which notice shall be posted in the bulletin board of the municipal building of the municipality or barrio in which the lands are situated, and shall mark the boundaries of the lands by monuments set up in proper places thereon. It shall be lawful for such Geodetic Engineers and other employees to enter upon the lands whenever necessary for the purposes of such survey or the placing of monuments.

(d) It shall be the duty of every person claiming an interest in the lands to be surveyed, or in any parcel thereof, to communicate with the Geodetic Engineer upon his request therefor all information possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.

(e) Any person who shall willfully obstruct the making of any survey undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the survey under this Section, or shall maliciously interfere with the placing of any monument or remove such monument, or shall destroy or remove any notice of survey posted on the land pursuant to law, shall be punished by a fine of not more than one thousand pesos or by imprisonment for not more than one year, or both.

  1. PETITION; LOT NUMBERS

Sec. 36. Petition for registration. When the lands have been surveyed or plotted, the Director of Lands, represented by the Solicitor General, shall institute original registration proceedings by filing the necessary petition in the Court of First Instance of the place where the land is situated against the holders, claimants, possessors, or occupants of such lands or any part thereof, stating in substance that public interest requires that the title to such lands be settled and adjudicated and praying that such titles be so settled and adjudicated:

The petition shall contain a description of the lands and shall be accompanied by a plan thereof, and may contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest therein.

Where the land consists of two or more parcels held or occupied by different persons, the plan shall indicate the boundaries or limits of the various parcels as accurately as possible. The parcels shall be known as “lots” and shall on the plan filed in the case be given separate numbers by the Director of Lands, which numbers shall be known as “cadastral lot numbers”. The lots situated within each municipality shall, as far as practicable, be numbered consecutively beginning with number “one”, and only one series of numbers shall be used for that purpose in each municipality. However in cities or townsites, a designation of the landholdings by blocks and lot numbers may be employed instead of the designation by cadastral lot numbers.

The cadastral number of a lot shall not be changed after final decision has been entered decreasing the registration thereof, except by order of court. Future subdivisions of any lot shall be designated by a letter or letters of the alphabet added to the cadastral number of the lot to which the respective subdivisions pertain. The letter with which a subdivision is designated shall be known as its “cadastral letter”: Provided, however, that the subdivisions of cities or townsites may be designated by blocks and lot numbers.

  1. ANSWER

Sec. 37. Answer to petition in cadastral proceedings. Any claimant in cadastral proceedings, whether named in the notice or not, shall appear before the court by himself or by some other authorized person in his behalf, and shall file an answer on or before the date of initial hearing or within such further time as may be allowed by the court. The answer shall be signed and sworn to by the claimant or by some other authorized person in his behalf, and shall state whether the claimant is married or unmarried, and if married, the name of the spouse and the date of marriage, his nationality, residence and postal address, and shall also contain:

(a) The age of the claimant;

(b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the case by the Director of Lands, or the block and lot numbers, as the case may be;

(c) The name of the barrio and municipality in which the lots are situated;

(d) The names and addresses of the owners of the adjoining lots so far as known to the claimant;

(e) If the claimant is in possession of the lots claimed and can show no express grant of the land by the government to him or to his predecessors-in-interest, the answer shall state the length of time he has held such possession and the manner in which it has been acquired, and shall also state the length of time, as far as known, during which the predecessors, if any, held possession;

(f) If the claimant is not in possession or occupation of the land, the answer shall fully set forth the interest claimed by him and the time and manner of his acquisition;

(g) if the lots have been assessed for taxation, their last assessed value; and

(h) The encumbrances, if any, affecting the lots and the names of adverse claimants, as far as known.

  1. HEARING; JUDGMENT; DECREE

Sec. 38. Hearing, Judgment, Decree. The trial of the case may occur at any convenient place within the province in which the lands are situated and shall be conducted, and orders for default and confessions entered, in the same manner as in ordinary land registration proceedings and shall be governed by the same rules. All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or to parts thereof and such decrees shall be the basis for issuance of original certificates of title in favor of said persons and shall have the same effect as certificates of title granted on application for registration of land under ordinary land registration proceedings.

Original Registration – Ordinary Registration Proceedings (Secs. 14 to 34, PD 1529)


Original Registration – Ordinary Registration Proceedings (Secs. 14 to 34, PD 1529)

CHAPTER III
ORIGINAL REGISTRATION

I
ORDINARY REGISTRATION PROCEEDINGS

  1. APPLICATIONS

Section 14. Who may apply. The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:

(1) Those who by themselves or through 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 June 12, 1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws.

(4) Those who have acquired ownership of land in any other manner provided for by law.

Where the land is owned in common, all the co-owners shall file the application jointly.

Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust.

Section 15. Form and contents. The application for land registration shall be in writing, signed by the application or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. The application shall contain a description of the land and shall state the citizenship and civil status of the applicant, whether single or married, and, if married, the name of the wife or husband, and, if the marriage has been legally dissolved, when and how the marriage relation terminated. It shall also state the full names and addresses of all occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search made to find them.

The application, shall, in form, be substantially as follows:

 

Republic of the Philippines
Court of First Instance of _________________

 

The undersigned, ____________________________________________________________hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto registered and confirmed:

AND DECLARE . . . . .

  1. That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the exception of the following:__________________________________________________________________ which is/are the property of _________________________ residing at _________________________ The said land, consisting of ____________________ parcel/s is/are situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof, with the following exception:___________________________________________________________________
  2. That said land at the last assessment for taxation was assessed at P ____, Philippine currency, and the buildings and other improvements at P ___________, Philippine currency.
  3. That to the best of my/our knowledge and belief, there is no mortgage or encumbrance of any kind whatsoever affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: _______________________________________________________________________________
  4. That the applicant/s has/have acquired said land in the following manner: ________________________________

(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive property of the applicant/s)

  1. That said land is occupied by the following person: _____________________________ ______________________________________________
  2. That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as follows: ________________________________________________________________________________________
  3. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved, state when and how the marriage relation terminated.)_________________________________________________________________ _____________________
  4. That the applicant’s/s’ full name, age, citizenship, residence, and postal address/es is/are as follows: ___________________________________________________________________
  5. That (Note: If the land included in the application is bounded by a public or private way or road, there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.) ________________________________________ ___________________________
  6. That the following documents are attached hereto and made a part hereof: ___________________________________ ________________________________

Signed at ___________________ this _____________________ day of ____________________, in the year nineteen hundred and ______________________.

 

__________________________
Applicant

 

_________________________
(Post Office Address)

 

REPUBLIC OF THE PHILIPPINES
PROVINCE (OR CITY) OF _______________

 

On this _______________ day of _________________________,19 ________ personally appeared before me the above- named __________________________________________________ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge, information and belief.

The Residence Certificate/s ______________________ of the applicant/s ______________ was/were exhibited to me being No. _________________ issued at ___________________ dated ____________, 19 __________.

 

 

________________________

(Notary Public, or other Officer
authorized to administer oaths)

PTR NO. _________________

 

Section 16. Non-resident applicant. If the applicant is not a resident of the Philippines, he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application.

Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands.

The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes.

Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application.

Section 19. Amendments. Amendments to the application including joinder, substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms.

Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an original application.

Sec. 20. When land applied for borders on road. If the application describes the land as bounded by a public or private way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined.

Sec. 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper. It may also conduct an ocular inspection, if necessary.

Sec. 22. Dealings with land pending original registration. After the filing of the application and before the issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or in part, in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court, after notice to the parties, shall order such land registered subject to the conveyance or encumbrance created by said instruments, or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments.

  1. PUBLICATION, OPPOSITION AND DEFAULT

Sec. 23. Notice of initial hearing, publication, etc. The court shall, within five days from filing of the application, issue an order setting the date and hour of the initial hearing which shall not be earlier than forty-five days nor later than ninety days from the date of the order.

The public shall be given notice of the initial hearing of the application for land registration by means of (1) publication; (2) mailing; and (3) posting.

  1. By publication.

Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided, however, that the publication in the Official Gazette 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 far as known, and “to all whom it may concern”. Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted.

  1. By mailing.

(a) Mailing of notice to persons named in the application. The Commissioner of Land Registration shall also, within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known.

(b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor and the Mayor. If the applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies.

(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Public Works, the Director of Forest Development, the Director of Mines and the Director of Fisheries and Aquatic Resources. If the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant, notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may be appropriate.

  1. By posting.

The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated, fourteen days at least before the date of initial hearing.

The court may also cause notice to be served to such other persons and in such manner as it may deem proper.

The notice of initial hearing shall, in form, be substantially as follows:

 

(Caption and Title)

NOTICE OF INITIAL HEARING

 

To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known, and to all whom it may concern):

An application (or petition) having been filed in the above-entitled case by (full name and address) praying for the registration and confirmation (or for the settlement and adjudication, in case of petition in cadastral proceedings) of title to the following described lands:

 

(Insert description)

You are hereby served this notice to appear before this Court at its session to be held at _________________ on the ______________ day of _______________, 19 ______, at _____________ o’clock in the _________ then and there to present such claims as you may have to said lands or any portion thereof, and to submit evidence in support of such claim; and unless you appear at said Court at the time and place aforesaid, your default will be recorded and the title to the lands will be adjudicated and determined in accordance with law and the evidence before the Court, and thereafter you will forever be barred from contesting said application (or petition) or any decree entered thereon.

Witness, the Hon. ________________________ Judge of the Court of First Instance of _______ this _______ day of _________________, in the year 19______.

 

Attest:

Commissioner of Land Registration

 

Sec. 24. Proof of publication and notice. The certification of the Commissioner of Land Registration and of the sheriff concerned to the effect that the notice of initial hearing, as required by law, has been complied with shall be filed in the case before the date of initial hearing, and shall be conclusive proof of such fact.

Sec. 25. Opposition to application in ordinary proceedings. Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state all the objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired, and shall be signed and sworn to by him or by some other duly authorized person.

If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited on the plan attached to the application, or in case of undivided co-ownership, conflicting claims of ownership or possession, or overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the Director of Lands.

Sec. 26. Order of default; effect. If no person appears and answers within the time allowed, the court shall, upon motion of the applicant, no reason to the contrary appearing, order a default to be recorded and require the applicant to present evidence. By the description in the notice “To all Whom It May Concern”, all the world are made parties defendant and shall be concluded by the default order.

Where an appearance has been entered and an answer filed, a default order shall be entered against persons who did not appear and answer.

  1. HEARING JUDGMENT AND DECREE OF REGISTRATION

Sec. 27. Speedy hearing; reference to a referee. The trial court shall see to it that all registration-proceedings are disposed or within ninety days from the date the case is submitted for decision,

The Court, if it deems necessary, may refer the case or any part thereof to a referee who shall hear the parties and their evidence, and the referee shall submit his report thereon to the Court within fifteen days after the termination of such hearing. Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him and after reasonable notice thereof shall have been served the parties concerned. The court may render judgment in accordance with the report as though the facts have been found by the judge himself: Provided, however, that the court may in its discretion accept the report, or set it aside in whole or in part, or order the case to be recommitted for further proceedings:

Sec. 28. Partial judgment. In a case where only a portion of the land subject of registration is contested, the court may render partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court.

Sec. 29. Judgment confirming title. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor, to the land or portions thereof.

Sec. 30. When judgment becomes final; duty to cause issuance of decree. The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty days to be counted from the data of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases.

After judgment has become final and executory, it shall devolve upon the court to forthwith issue an order in accordance with Sec. 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration.

Sec. 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner’s estate is subject, as well as any other matters properly to be determined in pursuance of this Decree.

The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description “To all whom it may concern”.

Sec. 32. Review of decree of registration; Innocent purchaser for value. The decree of registration shall not be reopened or revised by reason of absence, minority, or other disability of any person adversely affected thereby, nor by any proceeding in any court for reversing judgments, subject, however, to the right of any person, including the government and the branches thereof, deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud, to file in the proper Court of First Instance 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, but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein, 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 certificate of title issued shall become incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other persons responsible for the fraud.

Sec. 33. Appeal from judgment, etc. The judgment and orders of the court hearing the land registration case are appealable to the Court of Appeals or to the Supreme Court in the same manner as in ordinary actions:

Sec. 34. Rules of procedure. The Rules of Court shall, insofar as not inconsistent with the provision of this Decree, be applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient.

Sec. 39, P.D. 1529


Sec. 39, P.D. 1529

CHAPTER IV
CERTIFICATE OF TITLE

Section 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.

Arts. 708 to 711, Civil Code of the Philippines


Arts. 708 to 711, Civil Code of the Philippines

Title IX. – REGISTRY OF PROPERTY

Art. 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. (605)

Art. 709. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. (606)

Art. 710. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (607)

Art. 711. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. (608a)