Land Titles and Deeds Reviewer 2009 Atty.

Palabricas Lectures All lands of the public domain, waters, minerals, coal p etroleum, and other mineral oils, all forcer of potential energy, fisheries, for ests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resou rces shall not be alienated. The exploration, development, and utilization of na tural resources shall be under the full control and supervision of the state. Th e state may directly undertake such activities, or it may enter into co-producti on, joint venture, or production-sharing agreements with Filipino citizens, or c orporations or associations at least 60% of whose capital is owned by such citiz ens. Such agreements may be for a period not exceeding 25 years, renewable for n ot more than 25 years, and under such terms and conditions as maybe provided by law HISTORY Spanish Influence Legal significance to ownership of the land Regalian Doctrine all lands are owned by the State How lands were owned during the Spanish Era 1. Titulo Real (Royal Title) Land is given to Spanish people to encourage them to s ettle in the Philippines. Among those granted are: a. Discoverers b. Settlers 2. Special Grant Grant given by the governor assigned in the Philippines. No speci al law is required to empower governor to grant. 3. Adjustment Title given to a person who has ownership of land but the land was not defined. By virtue of such , he acquires ownership of encroached land. 4. Title of Purchase applicable to l ands of public domain 5. Possessory Information Title title showing possession o f land Exceptions to Regalian Doctrine: 1.) Religious and ecclesiastical properties are not owned by the State. Such are held IN TRUST by these religious organizations . (Bishop of Cebu vs Mangaron) 2.) Native title - lands owned by indigenous peop le since time Immemorial. RA 8173 or IPRA of 1997. (Cruz vs. DENR) Regalian Doctrine Enshrined in the Constitution. Section 2, Article 12 P.D. 1529 Property Registration Decree codifies all other laws pertaining to tit le registration as it supersedes the same. However, all other laws not inconsist ent are still applicable. 1 Party-duh

Land Titles and Deeds Reviewer 2009 Torrens System It is Judicial in character and not merely administrative in natu re. It provides for a system for the registration of titles to lands whereby the official certificate will always show the state of the title and the person in whom it is vested. Real purpose of Torrens system is to quiet title to land and to stop forever any question as to its legality. It does not vest title it merel y confirms and records title already existing and vested. Origin 1. Spanish Mort gage Law of 1893 provided for a systematic way of Registering titles 2. Act 926 of 1903 otherwise known as First Public Land Law. Applicable to Public Lands. SU BSTANTIVE. Among its functions are: a. b. c. d. e. Providing for Homesteading Is suance of Patents Completion of imperfect title System of Sales and Lease Rids o f Spanish concession Act 2874 of 1918 Amendatory act of Act 926. a. Description: i. Government issues official certificate showing ownership of title ii. Subjec ts the same to liens or encumbrances iii. Indefeasible iv. Incontrovertible afte r one year b. Principles: i. Best evidence of ownership ii. Notice for the whole world that the property belongs to the owner. iii. Any claim over the land befo re issuance of the Torrens title is deemed barred. iv. Imprescriptible squatters will not acquire ownership through prescription Every person registering in goo d faith and for value need not go beyond the title. Person who fraudulently regi sters the land in his name is holding the property as a trustee and aggrieved pa rty has option to recovery. inspired by the Merchant Shipping Registration, and applied the same to Land Registration 4. Act 141 of 1936 Amended 1903 Torrens System. More substantial than procedural 5. Act 496 Land Registration act of 1903. PROCEDURAL. In a nutshell: Act 926 pr ovided for the substantive requirements seen in PD 1529, while Act 496 enumerate d the procedures to be undertaken. 3. Torrens System of 1903 Otherwise known as Land Registration Act. Copied verba tim the 1898 Torrens System of Massachusetts by Robert Torrens, a South Australi an Registrar of Deeds. He was said to be 2 Party-duh

Land Titles and Deeds Reviewer 2009 6. Cadastral Act of 1913 Derived from the opinions of the President. Initiated b y the President as instructed by him. 7. P.D. 1529 The mother load. Otherwise kn own as Property Registration Decree. Sec. 2 Nature In Rem or Against the whole w orld through notice of publication, all interested parties may oppose. Courts of First Instance/ RTC has exclusive jurisdiction 1. Filed in proper C.F.I. subjec t to provisions of Judiciary Act of 1980 as amended by RA 7691 There Could be a delegation of jurisdiction when: There is no controversy The value of Land is le ss than P100,000. Value is determined by affidavit of claimant or declared value . Pursuant to SC Administrative Circular 6-93-A, of 1995: o If the case is filed before the effectivity of the circular, and there has been NO HEARING yet, the case may be delegated o If the hearing has started, the case may be delegated if the parties agree The Torrens Title though indefeasible is not a shield of frau d. As between 2 innocent purchasers the one who caused the wrong shall bear the loss. o He who registers first is preferred as far rd as 3 persons are concerned o As between two certificates of title pertaining to the same land, the earlier certificate prevails. o A forged document may be the root of a valid title when sold to an innocent purchaser for value. o Forgery must show that the name of t he supposed owner was changed to the name of the forger. Sec. 3 Spanish Mortgage Law is discontinued, all lands without Torrens Title are deemed unregistered. Sec.4-13 Agencies/Offices that control Torrens system. DOJ LRA R.O.D. o One Registry of Deeds for each province o One Registry of Deeds fo r each City MAJOR STEPS IN REGISTERING LAND I. APPLICATION Sec 14-22 PD 1529 Section 14. Who may apply. The following person s may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized represent atives: 3 Party-duh

Land Titles and Deeds Reviewer 2009 (1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of aliena ble and disposable lands of the public domain under a bona fide claim of ownersh ip since June 12, 1945, or earlier. (2) Those who have acquired ownership of pri vate lands by prescription under the provision of existing laws. (3) Those who h ave acquired ownership of private lands or abandoned riverbeds by right of acces sion 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 com mon, all the co-owners shall file the application jointly. Where the land has be en 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 fo r redemption expire during the pendency of the registration proceedings and owne rship to the property consolidated in the vendee a retro, the latter shall be su bstituted for the applicant and may continue the proceedings. A trustee on behal f of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust. Pertains to Ori ginal registration Involves land of public domain that are alienable, its purpos e is to perfect the imperfect title held by the possessor. Section 14 is a color able right June 12 1945 does not pertain to the status of Alienable and Disposabl e but rather to the Bona Fide Ownership. We have until December 31, 2020 to perfe ct imperfect titles. So what are you waiting for? Applicant Requisites: 1.) Filipino Citizen Can a corporation be an applicant for registration of land? Corporations cannot own lands of Public Domain therefore cannot be an applicant for original registration. o BUT Filipino Corporations ca n own private lands if land has already been registered. If owned previously by a private individual, then sold to a Filipino Corporation, the latter may become an owner. This is because the moment all the requisites or application are comp lied with, the owner may be given ad GOVERNMENT grant. (Republic vs Sineza) In f act the corporation may continue the application proceedings when upon the origi nal registration of the owner 4 Party-duh

Land Titles and Deeds Reviewer 2009 of the land, such land becomes a private land. BUT Foreign Corporations cannot o wn public or private lands, whether registered or not. (Director of Lands vs. AC ME Mineer and Plywood Company). Foreigners cannot own lands in the Philippines. (Rivenco vs Registry of Deeds) If land is not Alienable but occupied for a long time, it still cannot be registered since the land was not being occupied throug h a bona fide claim. Occupation of Predecessor-in-interest is TACKED to the appl icant, that it is not important that the status of Alienable and Disposable need n ot be since June 12, 1945. (Republic vs. Naguit) o o Who may acquire private lands? 1.) Filipino Citizen 2.) Alien through hereditary succession 3.) Filipino Corporation 4.) Filipino who has lost citizenship perta ins to time when property was acquired and not during registration. (Republic vs . Lipana) 3.) Must be open, continuous, exclusive and notorious under a bona fide ownershi p since June 12, 1945. 4.) Not casual, nor merely for cultivation. June 12, 1945 , not pertaining to status. Application must be filed in the proper RTC Applicable only to untitled lands o Prescription: Extraordinary 30 years Ordinary - 10 years 2.) Must have by themselves or through their predecessors in interest possessed and occupied alienable and disposable land. Unclassified Lands cannot be dispose d. Only Agricultural Lands Only Agricultural Lands may be Alienable. o Only the President and other subordinate executive departments may declare land alienable the Courts do not have such power.

Sec. 15 - Form Signed Writing Under oath State the description of the Land Civi Status Owners of Adjoining Lots Sec. 16 Non Resident Applicant 5 Party-duh

Land Titles and Deeds Reviewer 2009 Apply through Representative d. Hearing shall not be held earlier than 45 days a nd later than 90 days from the publication of initial hearing. RTC Sec. 18 Appli cation for 2 or more parcels of land Possible if located in the same place Purpo se of publication is two-fold o To confer jurisdiction to the court o Serve as a notice to all those concerned of such registration Publication is mandatory and jurisdictional Purpose of publication in Newspaper of General Circulation to re ach audience not reached by publication in O.G. because of its limited circulati on. Amendments to application may be done with or without publication. o Substan tial amendments such as inclusion of additional land requires republication. o E xclusion of land is not substantial. Sec. 17 Where to File Sec. 19 Amendments If amendment is substantial i.e. expanding boundaries, it is not valid unless published. Sec. 22 Pending Registration If application is on going, applicant may deal the land but must attach the instrument and state the relief/ prayer. As a result, c ourt may approve or issue a reconveyance. II. PUBLICATION AND NOTICE Sec. 23 PD 1529 What is being published is the order of the initial trial, not the application for registration. Nature of proceeding is in rem 1. Publication a. Within 5 days upon receipt of application. b. Court orders the publication c. Once in Official Gazette and once n Newspaper of General Circula tion 2. Mailing a. Within 7 days after publication of said notice in O.G. b. Commissi oner of Land Registration causes mailing c. What to Mail Notice of initial heari ng d. Who to mail: i. Mailing to Persons named in the application ii. DPWH, Gove rnor, Mayor if adjoining a public road iii. Minister of Agrarian Reform, Sol-Gen , Director of Lands, DPWH, Director of Forest Development, Director of Mines, Di rector of Fisheries and Aquatic 6 Party-duh

Land Titles and Deeds Reviewer 2009 Resources If land borders on a body of water Mailing is binding despite failure of giving personal notice since nature of proceeding is in rem Default does not automatically relieve the applicant the burden to prove ownership over such prop erty. o He must rely on the strength of his evidence and not on the weakness of the oppositor. 3. Posting a. Within at least 14 days before the date of initial hearing. b. Cau sed by the Sheriff c. Posted in a conspicuous place on each parcel of land inclu ded in the application and on the bulletin board of municipal building. IV. HEARING Sec. 27 PD 1529 A. Involves the presentation of evidence, what to pr ove? 1. The court has jurisdiction 2. Applicant is the Owner 3. The identity of the Land 4. Land is alienable and disposable 1.) How to prove jurisdictional are a? i. Publication 1. Copy of NPGC 2. Affidavit of the Editor 3. Copy of OG 4. Af fidavit of OG ii. Mailing 1. Affidavit of LRA iii. Posting 1. Certification of t he Sheriff 2.) How to prove ownership? i. Imperfect title pursuant to Sec. 14 3. ) How to prove Land Identity? i. Survey and Description by Bureau of Land Manage ment III. OPPOSITION Sec. 25 PD 1529 Any person who has interest in the property or t hose mentioned in the notice may be an oppositor. A private individual may not r epresent the government. The Solicitor General may represent the Government in s uch opposition, but may delegate such power to prosecutors. There are two types of default o o General no opposition was filed by anyone Special an opposition w as filed by an aggrieved party, hence all others who do not file their respectiv e oppositions are declared in Special default. 7 Party-duh

Land Titles and Deeds Reviewer 2009 4.) How to prove that Land is alienable and disposable? i. Declared by the Presi dent, or through executive department. 1. Presidential Proclamation 2. Executive orders 3. Circulars V. JUDGMENT Sec. 28 PD 1529 A. Two Types of Judgment 1.) Pa rtial a portion is being contested i.e. the Land Management approves subdivision plan. (Sec. 25 PD 1529) 2.) Conditional subject to a condition, as in required to submit documents from time to time. Clerk of Court delivers decision to LRA NON-REGISTRABLE LANDS May not be registered regardless of number of years of occupation These are land s devoted to public service or use regardless whether it is abandoned. (Laurel v s. Garcia) Only the president has the power to Declassify Public Property May be disposed of by government, i.e. land of public domain whi ch may be subject to alienation Government Property Cannot be subject to sale, d istribution. Only public lands may be subject to cadastral proceedings VI. ISSUANCE OF DECREE OF REGISTRATION Sec. 31 PD 1529 A. The Court after hearin g, directs the LRA to issue the decree of Registration B. The LRA issues decree of registration bearing the date, hour and minute of its entry. And SIGNED by th e commissioner. VII. ISSUANCE OF CETRIFICATE OF TITLE There are 2 certificates i ssued by the LRA 1. Original Judicial Registration forwarded to the Registry of Deeds for the purpose of recording liens. 2. Owners Certificate of Title Public Property includes 1. Foreshore Lands 2. Forest Lands 3. Watershed 4. Mang rove forest 5. Mangrove Swamps 6. Military and naval reserves The determining fa ctor is whether it is more valuable to preserve the land or develop. Reclamation only National Government may reclaim. Reclaimed lands cannot be subject to priv ate ownership except through CONGRESSIONAL law, and even so, only private citize ns may avail. 8 Party-duh

Land Titles and Deeds Reviewer 2009 3. Through fraud 4. Petition is within one year from issuance of the decree. 5. The property has not yet passed to an innocent purchaser for A. Who? Any person including the government deprived of their land may file petition for review. He does not need to be an oppositor from the get-go. B. When? He must file the pet ition not later than 1 year from the date of entry of decree of registration. Th is decree pertains to that mentioned in Sec. 31 PD 1529. Fraud must be Actual or Extrinsic fraud. Extrinsic Fraud- any fraudulent act of the successful party in a litigation which is committed outside the trial of a case against the defeate d party whereby said defeated party is prevented from presenting fully and fairl y his side the case. Intrinsic Fraud acts of a party in a litigation during the trial such as forged instruments, or perjured testimony which did not affect the presentation of the case but did prevent a fair and just determination of the c ase. 5.) Action for Reconveyance may be filed when a person is holding the prope rty in trust in order to reconvey the land. In order to transfer title to true o wner. It does not however change the decree issued as it respects the incontrove rtibility of he title. May be availed of even after the lapse of one year. REMEDIES 1.) New Trial may be availed of before decision becomes final. Decision becomes final after 15 days without appeal. Its purpose is to set aside judgment. The gr ounds for new trial are: a. Fraud, accident, mistake or excusable negligence. b. Newly discovered evidence which would alter the result of the trial c. Awards o f excessive damages 2.) Appeal must be initiated within 15 days after judgment 3 .) Petition for Relief When decision is final, petition for relief may be availe d of within 60 days, not more than 6 months from knowledge. 4.) Petition for Rev iew May be filed by parties deprived of their land by adjudication of title obta ined by ACTUAL fraud. Requisites: 1. Petitioner has a real and dominical right 2 . He has been deprived thereof 6.) Damages May be instituted when after the lapse of one year, the property is sold to an innocent purchaser for value. Aggrieved 9 Party-duh

Land Titles and Deeds Reviewer 2009 party may file an action for damages against the immediate party causing the sal e. Innocent Purchaser for value one who has no notice that some other person own s the land/property or any defect as to the right of the person owning the prope rty. Reckoning time time when the transaction was made. Hence if such defect com es into knowledge, the buyer has the obligation to go beyond the title, otherwis e he will be in bad faith. In case of Double sale the rules are: o The one who r egisters first in good faith is the rightful owner; o The one who first possesse d the property in good faith is the rightful owner; o The one who presents the o ldest title is the rightful owner. CADASTRAL PROCEEDINGS PURPOSE: Another means to bring lands under operation of Torrens System Ordinary registration is slow for lack of initiative on part of landowners, innovation w as conceived to hasten and accelerate registration Government initiates that all lands within a stated region are up for registration whether or not owners are interested to settle their titles NATURE OF PROCEEDINGS: In rem No defendant & n o plaintiff Compulsory PROCEDURE: 1. CADASTRAL SURVEY Conducted by the Director of Lands 2. FILING OF PETITION After survey and plot been made, Director represe nted by Sol Gen institutes cadastral proceeding by filing petition in court agai nst holders, claimants, possessors, occupants Parcel of lots given their cadastr al numbers 3. PUBLICATION OF NOTICE OF HEARING Court to order date of hearing LR A to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated bylaw 4. FILING OF ANSWER Any person claiming i nterest in any part of lands subject to petition is required to file answer 5. H EARING OF CASE 7.) Reversion An action filed by the government in the event when part of the la nd awarded is actually non-registrable. 8.) Cancellation of Title An action file d when part of the property awarded is property of other persons. 9.) Action for annulment of judgment or final order Grounded on Extrinsic Fraud. If remedy is used in previous actions, it shall not be availed of anymore. 10.) Criminal Action in the event of perjury 10 Party-duh

Land Titles and Deeds Reviewer 2009 In any convenient place where land lies Like an ordinary RTC trial Conflicting c laims are determined Lots claimed are awarded to persons entitles if they could prove title If none could prove title land is declared public domain 6. DECISION Claimants are notified of decision 7. ISSUANCE OF DECREE AND CERTIFICATE OF TIT LE Upon order of court, LRA to enter decree of registration Decree made basis fo r issuance of OCT Sec. 48 Direct vs. Collateral Attack Direct filing an actio o annul the judgment Collateral Praying for a relief other than annulment, quest ioning the validity is incidental CERTIFICATE OF TITLE Sec. 44 Statutory Liens affecting title holder shall hold the title free from al l encumbrances except those noted on said certificate and any of the following e ncumbrances which may be subsisting namely: 1. Those arising under the laws and Constitution which are not require to appear of record in order to be valid 2. U npaid real estate taxes levied and assessed within 2 years immediately proceedin g the acquisition of any right over the land by innocent purchaser for value wit hout prejudice to right of government to collect taxes payable from that period 3. Public highway or private way established before the registration 4. Any disp osition of the property or limitation on the use pursuant to Agrarian Reform Sec . 46 General Incidents of Registered Land Does not relieve registered land from any burdens. Sec 47 Registered land not subject to prescriptions Sec. 49 Splitting of Title Administrative Proceeding, no need for hearing Purpos e to provide for separate certificates of title to several distinct parcels of l and covered by only one Certificate of Title Steps: 1. Submit a written request to the Register of Deeds 2. Surrender Owners duplicate certificate 3. ROD will ca ncel Owners duplicate certificate and Original Certificate 4. ROD will issue seve ral certificates of title Sec. 50 Subdivision and Consolidation Same as Splittin g Subdivision plan may become a judicial proceeding only when 2 people do not ag ree to divide the land SUBSEQUENT REGISTRATION Voluntary Upon the parties choice Involuntary Even against the will of the party Is a contract of Sale executed abroad valid in the Philippines? Yes, but it has to be authenticated first by the Ambassador by putting a seal and signing the in strument When is it deemed registered? 1. Submission of Deed of Sale 2. Sale has been entered 3. OCT surrendered 11 Party-duh

Land Titles and Deeds Reviewer 2009 4. Payment of filing fees Actual issuance of Certificate is not the date of regi stration, it retroacts to the date it is entered in the day books 2. To have a n ew title therefore, the title to the portion of the land conveyed Sec. 59 Convey ance is a Lien, it subsists and carried over to the new title. Sec. 56 Primary B ook Records of all instruments including writs and processes pertaining to Regis tered Land. Sec. 60 MORTGAGE Mortgage is not equivalent to Ownership, it is poss ession less than ownership, hence there is no need of a new title. What is requi red is an annotation. Mortgage is a security, a contract to guarantee fulfillmen t of a principal obligation. VOLUNTARY DEALINGS Sec. 57 CONVEYANCE How to Register: Secure and Submit 1. Deed of Conveyance a. N eed not be notarized, deed is a private contract between the vendor and vendee b . Notarization is a requirement only to bind third persons 2. Owners Duplicate Ce rtificate After registration, the Register of Deeds will issue new certificates 1. Original Certificate of Title 2. Owners Duplicate Certificate of Title Sec. 58 If only a portion of Land is to be conveyed Seller must make a Survey Plan: 1. Stating the technical description of the Land to be conveyed 2. Approved by the Land Management Bureau 3. Submit to the Register of Deeds The owner has two Opti ons 1. To have 2 separate Titles; or Requisites: 1. It is to guarantee fulfillment of a principal obligation 2. Mortg agor is the Absolute Owner Third persons may mortgage in favor of a debtor if th e former are not part of the principal obligation 3. Mortgagor has free disposal of the property Characteristics: 1. 2. 3. 4. Constituted on a Real Property Rea l Contract Indivisible Inseparable 12 Party-duh

Land Titles and Deeds Reviewer 2009 5. Limitation on Ownership 6. Accessory Contract 3. When upon or after the expir ation of the rights to repurchase, another instrument extending the period of th e redemption or granting a new period is executed; 4. When the purchases retains for himself a part of the purchase price; 5. When the vendor binds himself to p ay the taxes on the thing sold; 6. In any other case where it may be fairly infe rred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. SC: Equitable Mortgage is not a mortgage in form, but is still a mortgage regardless of the n ame of the agreement. Antichresis possession of land transferred to someone but in favor of another person. Indivisibility If A mortgaged his part of the land in favor of a Mortgagee, is Bs portion affect ed? Yes. Due to the characteristic of Indivisibility. Inseparability A Mortgage Lien is inseparable from property. Thus, if a property is mortgaged and henceforth mortgaged again, the Lien on the property still sub sists. Accessory If there is no principal contract, such in the case of a contra ct of Loan, there is no Accessory contract as in the case of the mortgage conrac t. Chattel vs. Real Estate Mortgage Differences 1. Chattel A mortgage on a Movable Property 2. Real Estate On an Immovable 3. Redemption No redemption on Chattel M ortgage, Redemption possible in Real Estate 4. In Real Estate Mortgage, in terms of deficiency, balance may be collected The Mortgagor retains the possession because ownership is not mortgaged, it does not transfer ownership or possession. Equitable Mortgage 1. When the price of t he sale is unusually inadequate; 2. When the vendor remains in possession as les see or otherwise; FORECLOSURE Sec. 63 Judicial - General Rule is that there is no RIGHT of Redemption Extra Ju dicial RIGHT of Redemption is available 13 Party-duh

Land Titles and Deeds Reviewer 2009 There is no need to cancel the title and mortgagee may even register without the consent of the mortgagor. May and alien be a mortgagee? Yes and may even forecl ose, but they cannot own, hence they cannot be a bidder in an auction sale. How to Discharge Mortgage 1. Get a Release order or a document pertaining to such di scharge from the mortgagee 2. The Register of Deeds will cancel the annotation J udicial - Governed by Sec. 68 of the Rules of Court Extra-judicial Governed by S ec. 63 of 1529 3. Hearing a. Determine the amount of the loan that is due 4. Jud gment 5. Auction Sale 6. Certificate of Sale issued by the Sheriff 7. Hearing fo r confirmation of Certificate issued by the Sheriff 8. Order confirming the sale 9. Redemption if available Generally none in Judicial Foreclosure, exceptions: 1. Banking Institutions 2. DBP 3. Rural Banks 4. Banking and Financial Insitutio ns If the following are mortgaged individually, property cannot be redeemed exce pt through EQUITY redemption. Equity Redemption, made within 1 year from the con firmation of the Sale When the debtor fails to comply with the principal obligation, the remedies are: 1. Foreclose the Mortgage 2. Seek for deficiency judgment Creditor may only cho ose 1 remedy, not both Separate civil action waives potential right afterwards J UDICIAL FORECLOSURE Steps: 1. File a complaint in the RTC where the land is situ ated a. All who has interest on the land are included as party 2. Filing of an A nswer by those who have interest on the land If the property is redeemed, the ownership retroacts to the date of the actual s ale 14 Party-duh

Land Titles and Deeds Reviewer 2009 If the property is not redeemed upon the expiration of the period, mortgagee may execute the absolute deed of sale Upon Execution: 1. The deed shall be register ed; 2. Certificate of Title shall be cancelled; 3. New Certificate of Title is i ssued There is a RIGHT of Redemption, within 1 year from the time the certificat e of Sale is registered. Reference must be made to the stipulation inserted in a mortgage authorizing the sale in case of default. Reason behind this is the Spe cial Power of Attorney authorizing the sale in case of default. When is there de fault? When the obligation becomes due, in spite of the demand made by the credi tor the debtor fails to comply. If the only stipulation in the S.P.A. is to mort gage, does it include the authority to sell? Yes, authority is implied Mortgagee executes the Deed of Sale Sheriff conducts the auction Sale st Senior Mortgagee (1 ) has a better nd right than the Junior mortgagee (2 ) When property is fore closed, the Junior Mortgagee has a right to REDEEM, NOT to RETAIN EXTRA-JUDICIAL FORECOLOSURE Allowed only if stipulated by the parties and expres sly provided by law. Steps: 1. File for foreclosure of mortgage with RTC where t he land is situated through the Clerk of Court acting as the exofficio Sheriff. 2. Clerk of Court dockets and returns to examine the application for Extra-Judic ial foreclosure, after receiving the Filing Fee 3. Publication of Notice of Auct ion Sale in 3 conspicuous places 4. Raffle, the Sheriff the conducts the auction sale 5. Actual Auction sale a. If the sale did not push through, there is a nee d for republication of the notice b. The Sheriff records the bidding c. The Sher iff issues the certificate of Sale o the highest Bidder 6. Mortgagee executes th e deed of Sale. The deed of sale is NOT absolute because there is still a right of redemption Section 64. Special Power of Attorney SPA Authoriing a person to do a particular act, more specifically in dealings with Real Estate. The SPA in order to take e ffect must be annotated to the title and Registered, otherwise it cannot be used . INVOLUNTARY DEALINGS Involves Involuntary Documents 15 Party-duh

Land Titles and Deeds Reviewer 2009 Cooperation of the owner is nor necessary, and may even be done against his will 1. Attachment 2. Lis Pendens 3. Adverse Claim Although they are not registered, knowledge after the levy is equivalent to registration Although the knowledge c ame after the Levy, purchaser may still be considered innocent purchaser for val ue since, at the time of the sale, he was still in good faith. Not all property are subject to Levy or Attachment, it is in this light that although the ROD s du ty is ministerial, ROD may refuse to register if it cannot be levied. Examples: 1. CA 459 2. Family Home exempt from Execution Preferential Right Determine the date of Registration of Attachment as it retroacts to the date of attachment of lien. It must be referred back to the date of registration of attachment. Purpos e of registration is to determine who has a better right. A. Preliminary attachment - Attachment initiated at the time of filing the case. (Sec. 69) Grounds: 1. Debtor is Insolvent 2. Debtor Absconds Attachment must be registered to have a preferential right over other creditors In the event that a favorable decision is rendered, the debt is paid from the property attached St eps: 1. Secure order of attachment with description of property from the Registe r of Deeds 2. Notice that the property is Attached 3. Leave order with the Occup ant B. Levy to go after the property for payment of debt C. Garnishment attachment o f money in possession of 3 party, refers to money deposited in the bank. rd Adverse Claim Purpose: To apprise a third person of such claim Protect Interests of the adverse complainant Involuntary dealings are deemed registered upon entry in the Day Book. (DBP vs. ROD of Nueva Ecija) 16 Party-duh

Land Titles and Deeds Reviewer 2009 Characteristics: Claim must be adverse to registered land Claim should arise sub sequent to the original registration Claim is last resort, as it cannot be regis tered in any other provision ex: 1. The Deed of Sale cannot be registered as an adverse claim, there is no other way to protect your interest. The lifespan of a nd adverse claim is 30 days, after which, it is not automatically cancelled Regi stered land, despite a notice of adverse claim cannot be subject to acquisitive prescription Action of Sum of Money no requirement of Lis Pendens Sum of money w ith Prayer for Attachment a. Based on the opinion of Consulta, there should be n o Lis pendens since attachment is merely incidental. PATENT WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1. Deed of conveya nce issued by government patent/grant 2. Registered with Register of Deeds manda tory: operative act to convey & transfer title 3. Actual physical possession, op en & continuous Land ceased to be part of public domain & now ownership vests to the grantee Any further grant by Government on same land is null & void Upon re gistration, title is indefeasible Terms: Emporium power to govern subjects by th e government Dominium Power to use, dispose of natural resources, lands, by the state Public Domain Unappropriated, not owned Public Land Disposable or Alienabl e Ancestral Domain belongs to the indigenous Delos Angeles vs. Santos - If publi c Land is granted to a private person, the patent is null and void. Lis Pendens Pending Suit If case is directly related to property, it will affect t he property If the case is directly affecting the land, it must be registered as Lis Pendens. Example: 1. Action for Declaring the Nullity of Marriage a. Lis Pe ndens is necessary because the property is directly affected, the dissolution of marriage will affect the property rights of the spouses 17 Party-duh

Land Titles and Deeds Reviewer 2009 Both Public Land Act and Torrens system are not binding unless registered. The p roceeding in Homestead patents is administrative in nature. This, notwithstandin g, the requirement to undergo the Torrens system still persists. PD 1529 applies when the subject matter is aprivate land by virtue of an imperfect title. (Sec. 14) Title issued pursuant to registration of patent is indefeasible when regist ered, at it is deemed incorporated with Torrens system; 1 year after issuance of patent 1. File a case with the Land Management Bureau 2. Upon approval, applica nt will be authorized to take possession 3. Within 6 months after approval, 1/5 of the land should be cultivated. 4. Notice of intention of the applicant must b e submitted, and also the submission of Final proof of Possession of 1 year. 5. Survey shall be conducted 6. Patent shall be sent after payment of the fees REST RICTIONS: Sec. 118 of Public Land Act o Land cannot be alienated or conveyed wit hin 5 years after the approval of the application for patent. (Mandatory) o Ther e shall be no valid conveyance within 5 to 20 years from approval, if the convey ance is made without the approval of the secretary of DENR. (Directory) EXCEPTIO NS: 1. Those conveyed under the Rural Bank Laws 2. Those conveyed in favor of th e Government HOMESTEAD PATENT Aims: Benevolent intention of government to distribute disposab le agricultural land to destitute citizens for their home and cultivation As a m atter of public policy, may be repurchased even if after 5 years provided not fo r profit Right of repurchase not allowed if sold within family & not for cultiva ting or living but for speculation purpose Procedure: RIGHT OF REPURCHASE The Land belongs to the Patentee, if the same dies, it shall be transferred to his heirs. Right of Repurchase may be availed of within 5 yea rs from the execution of the deed of conveyance Mortgage: o If it is extra-judic ial foreclosure, Redeem within 1 year from approval of the sale 18 Party-duh

Land Titles and Deeds Reviewer 2009 o o If it is judicial foreclosure, Redeem within 1 year from confirmation of the sale. Hence under the Patent Law, the right of redemption sums up to 6 years. R A 6657 or the Comprehensive Agrarian Reform Law was enacted amending P.D. 27 Cov ers lands regardless of kinds of crops Redemption of Land owner o Retention shal l be 5 hectares o Plus 3 hectares for each child, provided: The child is more th an 15 years old The child must have actually tilled or managed the land The opti on to choose or retain or determine which land to occupy belongs to the land own er, which shall be exercised within 6 months from the grant otherwise, BARO dete rmines If the landowner shall take the land and the land is tenanted, the option s of the tenant are: 1. The right to Remain and establish a leasehold Agreement, as a result losing his right as beneficiary. 2. Disregard the action hence beco ming a beneficiary If land owner had already acquired 7 hectares from PD 27, wil l it diminish the right to get the 5 hectares from RA 6657? No, the law expressl y so provides. Hence the law recognizes that the land holdings of a homesteader may amount to 12 hectares. Once a person has complied with the requirements, he will be issued a CLOA or a Certificate of Land Ownership award. o CLOA is equiva lent to Emancipation Patent, which must be registered in the ROD. After which, a TCT will be issued. o Such process puts the land under the Torrens system becau se of the issuance of the certificate of title. Consequently, holder may enjoy t he privileges granted by the Torrens title. CONSULTA A form of administrative Appeal Pertains to removal of submitted docume nts Happens when ROD is not sure what to do with the issue Remedy is to raise th e issue to LRA for referral as to the proper measure to be taken Pursuant to Sec 17, if ROD denies the application, he must put in writing. And within 5 days ma y appeal to Consulta. AGRARIAN REFORM LAW P.D. 27 Agrarian Reform Law Covers all lands planted with Rice and Corn Emancipa tion Patent o o Gives retention area for land owners which shall be 7 hectares. Transfers ownership to tenants, provided they pay: For the first 3 year-average of harvest, modify by 2.5 Ensure that the landowner will not be deprived of comp ensation Sec. 104 Emancipation Patent 19 Party-duh

Land Titles and Deeds Reviewer 2009 CERTIFICATE OF TITLE Sec. 109-110 Certificate of Title An evidence of ownership Sec. 109 Owners Certif icate of Title Importance of keeping the certificate of title o A forger may val idly convey the property under the following circumstances: The transfer was mad e in the name of the forger It was conveyed to an Innocent Purchaser for value L ost title, procedure for recovery: 1. Inform ROD of the loss/theft 2. File a pet ition for replacement of certificate, similar to the procedure in applying Origi nal Certificate of Title, with the allegation of the loss/theft. 3. Verified und er oath 4. Notice and Hearing to ROD and other interested parties 5. The court m ay direct issuance of a new duplicate certificate of title, wherein no publicati on is required. 20 Party-duh