ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO.

GONZAL E S
LAND TITLES AND DEEDS
CHAPTER 1: BACKGROUND, BASIC CONCEPTS &
GENERAL PRINCIPLES
LAND TITLE evidence of right of owner or extent of his
interest, by which means he can maintain control and as a
rule assert right to exclusive possession and enjoyment of
property
DEED instrument in writing which any real estate or
interest therein is created, alienated, mortgaged or assigned
or by which title to any real estate may be affected in law or
equity
1. Grantor
2. Grantee
. !ords of grant
". #escription of property
$. %ignature of grantor
&. !itnesses
TYPES OF ESTATES:
1. '())*+,# )%-.-) indicates title of ownership
a. 'ee simple absolute title/ conferred
without limitation, qualification or
restriction
b. 'ee tail pass title to grantee 0 his heirs
c. ,ife state held for duration of life of
grantee
2. ,)%% -*.1 '())*+,# )%-.-) a right short
of title
)state for years lease for a period agreed upon,
lessor retains ownership of land
-enancy from period to period lease running
from month to month or year to year with
automatic renewal
-enancy at will person is permitted to occupy
land of another without stipulation as to
period
3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF
TRANSFERRING TITLES:
1. 2roduction 0 delivery of deed by grantor to grantee
without registration
2. #eed of conveyance is recorded to bind rd persons
. (egistration of title
REGISTRATION guarantees the title
RECORDING does not guarantee the title/ need to examine
other docs
PURPOSE OF REGISTRATION:
1. %erve as constructive notice
2. 2revent fraudulent claims
. 2rotect interest of strangers to transaction
MODES OF ACQUIRING LAND TITLES:
1. -itle by public grant conveyance of public land by
government to a private individual
2. -itle by acquisitive prescription open, continuous,
exclusive, notorious possession of a property
. -itle by accretion alluvion
". -itle by reclamation filling of submerged land by
deliberate act and reclaiming title thereto/
government
$. -itle by voluntary transfer private grant/ voluntary
execution of deed of conveyance
&. -itle by involuntary alienation no consent from
owner of land/ forcible acquisition by state
3. -itle by descent or devise hereditary succession to
the estate of deceased owner
4. -itle by emancipation patent or grant for purpose
of ameliorating sad plight of tenant5farmers/ not
transferable except by hereditary succession
Chap!" #: TORRENS SYSTEM $ ORIGIN, NATURE &
GENERAL CHARACTERISTICS
ADVANTAGES:
1. .bolishes endless fees
2. )liminates repeated examination of titles
. (educes records enormously
". 6nstantly reveals ownership
$. 2rotects against encumbrances not noted on the
-orrens certificate
&. 7a8es fraud almost impossible
3. 6t assures
4. 9eeps up the system without adding to burden of
taxation/ beneficiaries of the system pay the fees
:. )liminates tax titles
1;. Gives eternal title as state ensures perpetuity
11. 'urnishes state title insurance rather than private
title insurance
12. 7a8es possible the transfer of titles or of loans
within the compass of hours instead of a matter of
days
PURPOSE OF TORRENS LA%: quiet title to land once
registered, owner might rest secure
PERSONS BOUND %HEN TITLE NOT REGISTERED
1. Grantor
2. *eirs 0 devisees
. 2ersons with actual notice
PROCEDURE IN LAND REGISTRATION CASE:
1. %urvey of land by <ureau of lands or duly licensed
private surveyor
2. 'iling of application for registration by applicant
. %etting of date of initial hearing of application by
(-=
". =ler8 of court to transmit to ,and (egistration
.uthority the application, date of initial hearing 0
other pertinent docs
$. 2ublication of notice of filing of application, date 0
place of hearing in +G and in newspaper of
general circulation
&. %ervice of notice contiguous owners, occupants 0
those who have interest in property
3. 'iling of answer or opposition to application
4. *earing of case by (-=
:. 2romulgation of judgment by court
1;. 6ssuance of decree by (-= decision/ 6nstruct land
registration authority to issue decree of confirmation
0 registration
11. )ntry of decree of registration in ,and -itles
.dministration
12. %end copy of decree to (egister of #eeds
1. -ranscription of decree of registration in registration
boo8 0 issuance of the owner>s duplicate original
certificate of title of the applicant by the ,and
registration .uthority 5 upon payment of prescribed
fees
CHAPTER 3: APPLICATION IN ORDINARY
REGISTRATION PROCEEDINGS
%HO MAY APPLY:
1. -hose in open, continuous, exclusive, notorious
possession of patrimonial property of state under
bona fide claim of ownership since ?une 12, 1:"$ or
earlier
2. -hose who acquired ownership of private land by
prescription
1
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
. -hose who acquired ownership of private lands by
right of accretion
". -hose who acquired ownership in any manner
provided for by law
LIMITATION TO O%NERSHIP OF LAND BY CORPORATION:
1. 2(6@.-) ,.1#%
.t least &;A 'ilipino to acquire private land
(estricted as to extent reasonably necessary to
enable it to carry out purpose which it was
created
6f engaged in agricultural restricted to 1,;2"
ha.
2. 2.-(67+16., 2(+2)(-B +' %-.-)
a. ,ease for 2$ years renewable
b. ,imited to 1,;;; ha.
c. .pply to both 'ilipinos 0 foreign cos.
FORM & CONTENTS OF APPLICATION
6n writing 0 signed by applicant or person duly
authoriCed
#escription of land
=itiCenship
=ivil status
'ull names 0 address of occupants 0 adjoining owners
%HAT TO ACCOMPANY APPLICATION:
1. -racing cloth plan duly approved by the #irector of
,ands
2. copies of technical descriptions
. copies of surveyor>s certificate
". .ll original muniments of title
$. " copies of certificate by cityDprovincial treasurer of
assessed value of land
AMENDMENTS ALLO%ED & NOT ALLO%ED
%ubstantial change in boundaries or increase in area 5
new technical description necessary need new
publication 0 notice
%ubstitution of name of new owner file motion with
court
#ecrease the area file motion in court
MUNIMENT OF TITLE instruments or written evidences
which applicant hold or posses to enable him to substantiate
0 prove title to his estate
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF
DECREE:
(ecord instrument in (egister of #eeds in same manner
as if no application was made
2resent instrument to (-=, motion praying that same be
considered in relation to the pending application
TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:
(egister directly with ()G6%-)( +' #))#% for
purpose of canceling such title 0 issuing a -=-
CHAPTER &: PUBLICATION, ANS%ER & DEFAULT
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN
BOARD OF MUNICIPALITY 1" days before hearing
HEARING within 3 days after publication in +G
2$ :; days from date of order
TO %HOM NOTICE MUST BE SENT:
1. =ityDmunicipal mayor 0 provincial governor
2. #epartment of .grarian (eform, %olicitor General 0
#irector of ,ands , #irector of 'isheries, #irector of
7ines
. .djoining owners 0 those who have rights or
interest thereto
REQUISITES OF OPPOSITION:
1. %et forth objections to the application
2. %tate interest claimed by oppositor
GENERAL DEFAULT
6f no person appears and answers within time prescribed
SPECIAL DEFAULT
2arty appears at initial hearing without having filed an
answer and as8 court for time to file answer but
failed to do so within period allowed
CHAPTER ': HEARING & DECREE
%HO CONDUCTS HEARING:
1. (-=
2. (efer to referee commissioner
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND
REGISTRATION ACT) *PROCEEDING FOR +UDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC
LAND ACT
-here exist a title to be confirmed
,and applied for belongs to the state
=ourt may dismiss without prejudice to file new
application
#ismiss with prejudice
(is8 to have application denied without losing land
(is8 involves loss of land
CHAPTER ,: +UDGMENT & DECREE
DECREE issued by land registration authority containing
technical description of land/ issued after finality of judgment
1. #ecrees dismissing application
2. #ecrees of confirmation and registration
'inal after 1 year after decree
Enless there in innocent purchaser for value
%ubject only to appeal
+nce final, cannot be subject to attac8, deemed
conclusive against the world
. 2ut end to litigation
". 2urpose of -orrens system is protected
.mendment after 1 year is allowed creation or
extinguishment of new rights/ inclusion of
new owners not allowed
+UDGMENT decision of court constituting its opinion after
ta8ing into consideration the evidence submitted
%RIT OF POSSESSION order to sheriff to deliver the land to
the successful party litigant/ no prescription
.gainst loser
.gainst anyone unlawfully 0 adversely occupying
%HEN %RIT MAY NOT ISSUE:
2erson entered into property after decree5 non claimant/
had been there for 1; years
MEANS TO RECOVER POSSESSION:
1. 'orcible entry
2. Enlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
RES +UDICATA:
1. 'ormer judgment must be final
2. (endered by court having jurisdiction over subject
matter 0 parties
. ?udgment on merits
". 6dentity of parties, subject matter and causes of
action
REMEDIES AVAILABLE TO AGGRIEVED PARTY IN
REGISTRATION PROCEEDINGS:
2
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
1. 7+-6+1 '+( 1)! -(6., 5 must be brought
within 1$ days from notice of judgment
a. 'raud, accident, mista8e, excusable
negligence which ordinary prudence could
not have guarded
b. 1ewly discovered evidence which could not
be discovered 0 produced at trial
c. )vidence insufficient to justify decision,
decision is against the law
2. .22)., must be brought 1$ days from notice of
judgment
. ()@6)! +' #)=()) +' ()G6%-(.-6+1
available to party deprived of day in court/ became
non5party due to misrepresentation/ invo8e actual
fraud/ before expiration of 1 year/ specific acts
intended to deceive/ will no longer prosper if already
transferred to innocent purchaser for value
a. 2laintiff is owner of land registered in name
of defendant
b. (egistration procured through actual fraud
c. 2roperty has not issued to innocent
purchaser for value
d. .ction is filed within 1 year after issuance
of decree of registration
(),6)' '(+7 ?E#G7)1- &; days & months after
entry of order/ available to party to case, '.7)/
after judgment/ person deprived of right is party to
case
()=+1@)B.1=) action in personam/ available so
long as property not passed yet to innocent purchaser
for value/ bad faith or with notice of defect
()=+@)(B '+( #.7.G)%
2erson is wrongfully deprived of his land by
registration in name of another actual or
constructive fraud
1o negligence on his part
<arredD precluded from bringing an action
.ction for compensation has not prescribed
CHAPTER -: CERTIFICATE OF TITLE
TORRENS TITLE certificate of ownership issued under the
-orrens %ystem of registration by the government through
road naming 0 declaring owner in fee simple of property
described therein free from all liens except those expressly
noted
PROCESS:
1. !ithin 1$ days from finality of order of judgment
directing registration of title court to order ,and
registration .dmin to issue decree of registration and
certificate of title
2. =ler8 of court will send order of court 0 copies of
judgment
. .dministrator to issue decree of registration 0
original 0 duplicate of +=- signed by
.dministrator, entered 0 file decree of registration
in ,(.
". %end to (egister of #eeds original 0 duplicate of
title 0 certificate for entry in his registration boo8
$. )nter in record boo8, dated, signed, numbered 0
sealed ta8e effect upon date of entry
&. (egister of #eeds to send notice to registered owner
ready for delivery after payment of fees
3. (egister of #eeds shall send duplicate 0 note on
each certificate of title to whom it is issued
4. +riginal copy to be filed in (egister of #eeds/ bound
in consecutive order
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF
TITLES:
1. %plitting or consolidation ordinary (egister of
#eeds level, no court involved
2. %ubdivision plan approval of 1*., final approval
of ,(., then (egister of #eeds to issue
memorandum that streets not to be disposed except
by way of donation to govt. shall be effected without
approval of 1*.
ANNOTATIONS AT BACK OF CERTIFICATE need court order/
otherwise null 0 void
CHAPTER .: VOLUNTARY DEALINGS %ITH
REGISTERED LAND
OPERATIVE ACT registration by owner/ deed not registered
binding only between parties
PROCESS OF REGISTRATION:
1. 'ile instrument creating or transferring interest and
certificate of title with (egister of #eeds
a. +wner>s duplicate
b. 2ayment of fees 0 documentary stamp tax
c. )vidence of full payment of real estate tax
d. #ocument of transfer 1 copy additional
for cityDprovincial assessor
2. (egister of #eeds shall ma8e a memorandum on the
certificate of title, signed by him
. 6ssue -=-
VOLUNTARY DEALINGS
1eed to present title to record the deed in registry 0 to
ma8e memorandum on title
INVOLUNTARY DEALINGS
1o presentation required/ sufficient that annotation in
entry boo8 is sufficient
FORMAL REQUISITES OF A DEED
1. 'ull name
2. 1ationality
. 2lace of residence
". 2ostal address of grantee or other persons acquiring
or claiming interest
$. =ivil status
&. !hether or not corporation
1. (egister of #eeds to 8eep an entry boo8 day
boo8
2. )nter in order of reception all deeds 0 voluntary
instruments, write 0 processes re land 5Bear,
month, day, time, minute of reception of
instrument/ (egistered from time of entry
. 'ees of $ buc8s per document to be paid within
1$ days
". 1ote memorandum 0 sign 0 issuance of
certificate
$. #ocuments are numbered 0 indexed 0 indorsed
with reference to certificate of title public
records
&. %ubject to reasonable regulation
=ost borne by vendor
CHAPTER /: REAL ESTATE MORTGAGE
REAL ESTATE MORTGAGE real propertyDreal rights secures
fulfillment of an obligation
KINDS:
1. =onventional agreed upon by parties
2. ,egal =reated by operation of law
. ?udicial results from a judgment
". )quitable pacto de retro in form but mortgage in
essence
ESSENTIAL REQUISITES:
3
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
=onstituted to secure fulfillment of principal obligation
7ortgagor be absolute owner of thing mortgaged
2erson constituting mortgage has free disposal of
property
SPECIAL CHARACTERISTICS:
1. %ubject matter is realty
2. (eal right attaches to property wherever it is 0
whoever holds it
. .ccessory presupposes existence of valid principal
obligation/ cannot stand alone
". 6ndivisibility even if debt is divisible/ mortgage is
not
$. 6nseparability mortgage lien is inseparable from
property
&. (etention of possession 5 mortgagor retains
possession
PACTO DE RETRO $ EQUITABLE MORTGAGE
1. 2rice of sale with right to repurchase is usually
inadequate
2. @endor remains in possession as lessee or otherwise
. Epon or after expiration of right to repurchase,
another instrument extending period Dgranting new
period is executed
". 2urchaser retains a part of the purchase price
$. @endor binds himself to pay taxes on thing sold
&. (eal intention of parties is that transaction shall
secure payment of debt or fulfillment of other
obligation
(eal 7ortgage =hattel 7ortgage
%ubject matter is real property %ubject matter is movable
2ublic document only 7ay be in private document provided there is
affidavit of good faith
(ight of redemption for 1 year 1o right of redemption
#eficiency can be recovered #eficiency cannot be recovered
E0ECUTION & REGISTRATION
1. )xecution of deed in a form sufficient in law Fpublic instrumentG
2. (egistration with (egister of #eeds where the land lies 0 ta8e effect upon registration
2resent deed of mortgage together with owner>s duplicate
2ayment of fees
(egister of #eeds shall enter upon original certificate of title 0 upon duplicate a memorandum date, time of filing,
signature, file number assigned to deed
(egister of #eeds to note on deed the date 0 time of filing 0 reference to volume 0 page of registration boo8 in which
it was registered
. 1o duplicate need be issued
SUB+ECT MATTER
(eal property plus all its accessions unless contrary is stipulated
'uture property without legal effect
'uture improvements deemed included
'ruits 0 rents of mortgaged property deemed included
=ontinuing credit secured by mortgage valid
FORMS:
2rivate document void 0 inexistent
2ublic instrument but not recorded binding between parties but not
rd
persons without notice
2ublic document 0 registered valid 0 binding to
rd
parties
MAY MORTGAGE BE REGISTERED %ITHOUT DUPLICATE TITLE: Bes
6f being withheld by the owner, (egister of #eeds notifies by mail within 2" hours to registered ownerH
1. %tating that mortgage has been registered
2. (equesting that owner>s duplicate be produced so that memorandum be made thereof
+wner refuses to comply within reasonable time/ (egister of #eeds to notify court 0 court may enter order requiring owner to
produce certificate
SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY
7ay be further alienated stipulation to contrary is void
.ssignment must also be registered since
registration is operative act to affect land
6f not recorded valid as to parties but not to
rd
parties, right not protected against
somebody who registers 0 procures better
right
7ay be further mortgaged stipulation to contrary is
void
1o need to secure permission of mortgagee
Enderstood unless prohibited in contract
Pactum commisorium not allowed
2roperty is mortgaged
-here is stipulation for automatic appropriation
#ischarge
)xecute public document canceling or releasing
mortgaged in form prescribed by law
2resent instrument with (egister of #eeds where
land lies together with owner>s duplicate for
registration
7emorandum of cancellation is annotated on
duplicate 0 original
%HEN MORTGAGOR DIES
1. .bandon security 0 prosecute his claim by sharing
in general distribution of assets of the estate
2. 'oreclose mortgage by ma8ing executor party
defendant
. 'oreclose it in due time
PARTIES IN FORECLOSURE SUIT: all persons claiming
interest subordinate in right to mortgagee
ACTION TO FORECLOSE: 2rescribes in 1; years Fwritten
contractG
VENUE: 2er stipulation or in absence thereof, where the
property lies
FORECLOSURE
1. ?E#6=6.,
4
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
7ortgagee to petition in court for foreclosure
=ourt to render order for debtor to pay sum due
within :; days and if not paid from date of
service, property be sold at public auction
1otice 0 2ublication
2ublic auctionH sale to highest bidder
%heriff to issue certificate confirming judicial
foreclosure
'ile with (egister of #eeds final decree of court
confirming sale
7emo entered in certificate of title
6f right of redemption exist, certificate of title of
mortgagor not to be cancelled but
memorandum shall be entered upon the
certificate duplicate 0 original
.fter expiry of 1 year redemption period 0 no
redemption, title is consolidated to new
owner
2urchaser to be entitled to new certificate of title
0 memorandum endorsed on mortgage
deed
6f there is redemption, memorandum to be
annotated on certificate of title
2. )I-(.5?E#6=6.,
.llowed only if stipulation between party
authoriCes extra5judicial foreclosure
=annot be made legally outside of city where
land lies
2ublication requiredH post notices for 2; days in
public places where property lies 0 if
property is more than 2";;.;;, publication
must be for consecutive wee8s in news
paper of general circulation
6f foreclosure by rural ban8s, exempt from
publication in newspaper for loans not
exceeding ,;;;.;;
(egistration of sale in (egister of #eedsH
a. #eed of sale must be supported by
certificate of sheriff that said sale
was conducted accordingly stating
the date, time, place of sale, names
of creditor 0 debtor, description of
property, name of highest bidder,
selling price
b. 2resent in (egister of #eeds where
land lies
c. 7emorandum on bac8 of
certificate is made
d. .fter expiration of 1 year of
redemption period title is
consolidated if no redemption
exercisedH purchaser to file with
(egister of #eeds the deed of sale
0 sworn statement attesting to fact
that there is no redemption
e. 1ew certificate of title issued in
favor of vendee
f. 6f redeemed notice of redemption
shall be registered 0 accomplished
by way of memorandum on proper
certificate of title
RIGHT OF REDEMPTION
2ayment of purchase price plus 1A per month plus taxes
if paid by purchaser
-o be exercised within 1 year after registration of sale
RIGHT TO DEFICIENCY allowed
CHAPTER 11: CHATTEL MORTGAGE
CHATTEL MORTGAGED personal property is registered with
(egister of #eeds to secure performance of an obligation
SUB+ECT MATTER: movables
DEED OF MORTGAGE:
(equires only description to enable parties 0 other
persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
)xecution of document
2ayment of fees
(egister of #eeds enters in #.B <++9 in strict order of
their presentation chattel mortgages 0 other
instruments relating thereto Fprimary processG
(egister of #eeds thereafter enters in a more detailed
form the essential contents of the instrument in the
=hattel 7ortgage (egister Fcomplementary processG
EFFECT OF REGISTRATION:
=reates a lien attaches to the property whoever holds it/
binding on subsequent purchasers
=onstructive notice
SALE OF CHATTEL %ITHOUT CONSENT OF MORTGAGEE
void/ criminal act
EFFECT OF FAILURE TO REGISTER:
@alid between parties but void against
rd
persons
6f instead of registration, it is delivered it shall be a
pledge 0 not chattel mortgage Fif no chattel
mortgage deed executedG
.ctual 8nowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: STATEMENT THAT $
7ortgaged is made to secure obligation specified
@alid 0 just obligation
1ot entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
@itiates mortgage as against creditors 0 subsequent
encumbrances
@alid as between parties
1o need to be in public document
ASSIGNMENT OF MORTGAGE
1o need to be registered, permissive only 0 not
mandatory
CANCELLATION OF CHATTEL MORTGAGE
7ortgagee to execute a discharge of the mortgage in
manner provided by law
FORECLOSURE OF MORTGAGE
-he must first be non5payment 0 at least ; days have
elapsed since then
.lternativesH
?udicial
)xtra5judicial only if there is
stipulationDauthority
PROCEDURE IN FORECLOSURE
1. 1otice posted for 1; days in at least 2 public places
in municipality where property is to be sold
designating the time, place and purpose of sale
2. 7ortgagor is notified in writing at least 1; days
before sale
. 2ublic auction
". ; days after sale, officer ma8es a return 0 file with
(egister of #eeds where mortgage has been recorded
$. +fficer>s return operates as a discharge of the lien
created by the mortgage
&. 2roceeds to be appliedH
a. =ost of sale
b. .mount of obligation
c. %ubsequent mortgages
5
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
d. <alance mortgagor
RECOVERY OF DEFICIENCY: .llowed
CHAPTER 11: LEASE
LEASE one of parties deliver possession of property to
another who is obliged to pay rent for use of such property
REGISTRATION OF LEASE
'ile with (egister of #eeds the instrument creating lease
together with +wner>s #uplicate of certificate of title
(egister of #eeds to register by way of memorandum
upon certificate of title
1o new certificate shall be issued
%HEN PROHIBITION IN MORTGAGED PROPERTY AS
REGARDS SUBSEQUENT CONVEYANCES, ETC2: ,easehold
cannot be registered in the title thereof
EFFECT OF REGISTRATION:
=reates a real right but without prejudice to rights of
rd
persons
6f not registered valid as between parties but not to
rd
persons without notice
REGISTRATION lessor not required to initiate/ lessee shall
initiate
ALIENS:
7ay be granted temporary rights for residential purposes
,imitH 2$ years, renewable for another 2$ years
%HO ELSE MAY REGISTER: <uilder in Good 'aith
CHAPTER 1#: TRUSTS & PO%ERS OF ATTORNEY
TRUST obligation of a person to whom legal title to property
is transferred to hold the property according to confidence
reposed in him
# KINDS:
)xpressed need to be in writing/ cannot be proved by
parole evidence
6mplied exist by operation of law/ can be proved by
parole evidence
a. 2roperty is bought but paid by another party
b. #onation is made but donee have no
beneficial interest thereon
c. 2rice of sale of property is loaned 0
conveyance is made to lender to secure
fulfillment of loan
d. ,and passes by succession to a person but
legal title is put in another>s name
e. 2 persons purchase property but placed only
in one>s name
f. Guardian uses funds of ward to buy property
g. 2roperty is acquired thru mista8e or fraud
PO%ER OF ATTORNEY authority granted to a person to
dispose one>s property
TRUST DIFFERENTIATED FROM PO%ER OF ATTORNEY
1. -rust has parties while power of attorney has 2
parties
2. -rust is for benefit of
rd
party while power of
attorney is for benefit of principal
REGISTRATION OF TRUST
1. %worn statement claiming interest by reason of an
implied trust with description of land 0 reference to
number of certificate shall be registered in (egister
of #eeds
2. 2rovided not prohibited to do so by instrument
creating the trust
APPOINTMENT OF TRUSTEE BY COURT
=ertified copy of decree shall be presented to (egister of
#eeds 0 surrender duplicate certificate
=ancel duplicate 0 new certificate shall be entered by
(egister of #eeds
ACTION FOR RECONVEYANCE BASED ON IMPLIED
TRUST
2rescribes in 1; years
6f ac8nowledged in written form becomes express trust
prescribes upon repudiation
CHAPTER 13: INVOLUNTARY DEALINGS %ITH
REGISTERED LAND
INVOLUNTARY DEALINGS transactions affecting land in
which cooperation of registered owner is not neededH it may
even be against his will
ATTACHMENT
. writ issued at the institution or during progress of an
action commanding the sheriff to attach the property,
rights, credits or effects of the defendant to satisfy
demands of the plaintiff
9indsH
a. 2reliminary
b. Garnishment
c. ,evy on execution
REGISTRATION OF ATTACHMENT*OTHER LIENS
1. =opy of writ in order to preserve any lien, right or
attachment upon registered land may be filed with
(egister of #eeds where land lies, containing
number of certificate of title of land to be affected or
description of land
2. (egister of #eeds to index attachment in names of
both plaintiff 0 defendant or name of person whom
property is held or in whose name stands in the
records
. 6f duplicate of certificate of title is not presentedH
a. (egister of #eeds shall within & hours
send notice to registered owner by mail
stating that there has been registration 0
requesting him to produce duplicate so that
memorandum be made
b. 6f owner neglects or refuses (egister of
#eeds shall report matter to court
c. =ourt after notice shall enter an order to
owner to surrender certificate at time 0
place to be named therein
". .lthough notice of attachment is not noted in
duplicate, notation in boo8 of entry of (egister of
#eeds produces effect of registration already
EFFECT OF REGISTRATION OF ATTACHMENT:
1. =reates real right
2. *as priority over execution sale
. <ut between 2 attachments one that is earlier in
registration is preferred
". 6f not registered actual 8nowledge is same as
registration
DUTY OF REGISTER OF DEEDS
<asically ministerial but may refuse registration in ff
circumstancesH
1. -itle to land is not in the name of defendant
2. 1o evidence is submitted to show that he
has present or possible future interest in
land
. Unless: heir
6
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
PROPERTIES E0EMPT FROM E0ECUTION: 'amily *ome
ATTACHMENT *ow continued, reduced or discharged
.ny method sufficient in law
#ocument to be registered
1. )I)=E-6+1 %.,)
-o enforce a lien of any description on registered
land, any execution or affidavit to enforce
such lien shall be filed with (egister of
#eeds where land lies
(egister in registration boo8 0 memorandum
upon proper certificate of title as adverse
claim or as an encumbrance
-o determine preferential rights between 2 liensH
priority of registration of attachment
2. -.I %.,)
%ale of land for collection of delinquent taxes
and penalties due the government
6n personam Fall persons interested shall be
notified so that they are given opportunity
to be heardG
1otice to be given to delinquent tax payer at last
8nown address
2ublication of notice must also be made in
)nglish, %panish 0 local dialect 0 posted
in a public 0 conspicuous place in place
wherein property is situated 0 at main
entrance of provincial building
%ale cannot affect rights of other lien holders
unless given right to defend their rightsH
due process must be strictly observed
-ax lien superior to attachment
1o need to register tax lien because it is
automatically registered once the tax
accrues
<ut sale of registered land to foreclose a tax lien
need to be registered
PROCEDURE OF REGISTRATION OF TA0 SALE:
1. +fficer>s return shall be submitted to (egister of
#eeds together with duplicate title
2. (egister in registration boo8
. 7emorandum shall be entered in certificate as an
adverse claim or encumbrance
". .fter period of redemption has expired 0 no
redemption F2 years from registration of auction
saleG cancellation of title 0 issuance of new one
$. <efore cancellation, notice shall be sent to registered
ownerH to surrender title 0 show cause why it shall
not be cancelled
ACTUAL KNO%LEDGE IS EQUIVALENT TO REGISTRATION
ADVERSE CLAIM
7a8e a statement in writing setting forth alleged interest,
from whom acquired, how acquired, no of certificate
of land, name of registered owner, description of
land in which rightDinterest is claimed signed 0
sworn to
%tatement shall be entitled to registration as adverse
claim on certificate of title
)ffective for ; days from date of registration
.fter ; days, may be cancelled by filing of verified
petition by party in interest
.ny party may petition in court to cancel
adverse claim
=ourt to grant speedy hearing
6f adverse claim is adjudged invalid may be
cancelled
1o 2
nd
adverse claim based on same ground shall be
registered by same claimant
CHAPTER 1&: REGISTRATION OF LIS PENDENS
PURPOSE: 8eep subject matter within the power of the court
until the entry of final judgment
-herefore creates merely a contingency 0 not a liens
EFFECT OF REGISTRATION:
1. 6mpossibility of alienating the property in dispute
during the pendency of the suit may be alienated
but purchaser is subject to final outcome of pending
suit
2. (egister of #eeds duty bound to carry over notice of
lis pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS:
1. <efore final judgment court may order cancellation
after showing that notice 6 sonly for purpose of
molesting an adverse party or it is not necessary to
protect rights of party who caused it to be registered
2. (egister of #eeds may also cancel by verified
petition of party who caused such registration
. #eemed cancelled when certificate of cler8 of court
stating manner of disposal of proceeding is
registered
NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
%ufficient that there is entry in day boo8
OTHER PARTIES %HO NEED TO REGISTER:
1. .%%6G1)) 61 61@+,E1-.(B 2(+=))#61G
'+( 61%+,@)1=B
#uty of the officer serving notice to file copy of
notice to (egister of #eeds where the
property of debtor lies
.ssignee elected or appointed by court shall be
entitled to entry of new certificate of
registered land upon presentment of copy of
assignment with ban8rupt>s certificate of
title FduplicateG
1ew certificate shall not that it is entered to him
as assignee or trustee in insolvency
proceedings
+UDGMENT*ORDER VACATING INSOLVENCY
PROCEEDINGS
+rder shall also be registered
%urrender title issued in name of assignee 0
debtor shall be entitled to entry of new
certificate
2. G+@)(17)1- 61 )761)1- #+7.61
=opy of judgment file in (egister of #eeds
which states description of property,
certificate number, interest expropriated,
nature of public use
7emorandum shall be made or new certificate
of title shall be issued
CHAPTER 1': TRANSMISSION BY DESCENT AND
DEVISE
%HEN O%NER OF PROPERTY DIES testate or intestate,
.dministrator shall file with (egister of #eeds
registration of property in his name to be vested with
ownership as trustee so he can sell, etc, convey, etc
1ot necessary if already empowered in the will
%HEN +UDICIAL PROCEEDING NOT NECESSARY
*eirs may partition estate immediately 0 no need to be
burdened with costDexpenses of an administrator
6n absence of debts
*eirs are all of legal age
7
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
PARTITION*SETTLEMENT OF ESTATE
?E#6=6.,
.fter entry of final judgment of partition, copy
certified by cler8 of court to be filed with
(egister of #eeds
)ach owner to gave separate certificate of title
FduplicateG
6f ordered to be sold, purchaser shall be entitled
to a certificate of title entered in his name
upon presentment of order confirming sale
)I-(.?E#6=6.,
#ecedent died intestate
1o debts
*eirs are all of legal age, or minors represented
by guardian
*eirs to execute public instrument to be
filed with (egister of #eeds
6f disagree with each other, file in court
ordinary action for partition
6f there is only 1 heir, may adjudicate to
himself entire estate via affidavit to
be filed with (egister of #eeds
6f there is movables involved, bond to
be filed equivalent to value of
property as certified under oath by
parties conditioned upon payment
if any just claim which may be
filed by creditor within 2 years
after distribution
2ublication in newspaper of general
circulation for wee8s/ not
binding to those without notice
'inal after 2 years
ORAL PARTITION, %HEN DEEMED VALID
6n provinces when person dies leaving property not
covered by -orrens system to avoid legal expenses,
heirs ma8e a list of property, pay off debts 0 assign
to each
%tatute of frauds do not operate because it is not a
conveyance but a separation of property and
designation of part which belongs to them
%ILLS AND LETTERS OF ADMINISTRATION
)xecutor required to file with (egister of #eeds a
certified copy of his letters of administration or the
will if there is a will in order that (egister of #eeds
may register upon certificate a memorandum with
reference to file no 0 date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
7ay be dispensed with if will empowers him sell
!ithout authority first secured, heir may sell subject to
result of pending administration
CHAPTER 1,: ASSURANCE FUND
%tate creates a fund for the compensation of persons
injured by divestingDcutting off of rights due to the
indefensibility of title/ following that act of
registration is operative act by which %tate transfers
title/ created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to land.
Epon entry of certificate in name of owner or -=-, J of
1A shall be paid to (egister of #eeds based on
assessed value of land as contribution to assurance
fund/ if no assessment yet, sworn declaration of 2
disinterested persons subject to determination by
court.
7oney shall be under custody of the 1ational treasurer/
invest it until 2K6 aggregates to $;;,;;;, excess shall
be paid to the .ssurance 'und/ annual report of
-reasurer to %ecretary of <udget
%HO IS ENTITLED:
=laimant must be owner, purchaser or encumbrancer in
good faith who suffered actual damage by loss of
land/ in short he is deprived of his land or interest
therein
1o negligence attributable to him
=laimant is barred from filing action to recover said land
.ction to recover from assurance fund has not prescribed
LOSS*DAMAGES SHOULD NOT BE DUE TO FOLLO%ING
REASONS:
1. <reach of trust
2. 7ista8e in resurvey resulting in expansion of area in
certificate of title
LOSS*DAMAGES SHOULD BE DUE TO THE FOLLO%ING
REASONS:
AGAINST %HOM ACTION IS FILED:
.ction due to deprivation of land due to mista8e,
negligence, omission of (egister of #eeds, etc
(egister of #eeds and 1ational -reasurer as
defendants/ %ol5Gen must appear
2rivate persons involved should also be impleaded
LIABILITY:
%atisfy claims from private persons first
!hen unsatisfied secondary liable is the 1ational
-reasurer who shall pay thru assurance fund/
thereafter Government shall be subrogated to rights
of plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
<ased on amount not greater than fair mar8et value
of land
.mount to be recovered not limited to $;;,;;;
which is maintained as standing fund
6f fund is not sufficient, 1ational -reasurer is
authoriCed to ma8e up for deficiency from other
funds available to -reasury even if not appropriated
%HERE AND %HEN TO FILE ACTION AGAINST ASSURANCE
FUND:
.ny court of competent jurisdiction (-= in city where
property lies or resident of plaintiff
.ction prescribes in & years from time plaintiff actually
suffered loss
6f plaintiff is minor, insane or imprisoned has
additional 2 years after disability is removed to file
action notwithstanding expiration of regular period
CHAPTER 1-: PETITIONS AND MOTIONS AFTER
ORIGINAL REGISTRATION
,+%- #E2,6=.-) =)(-6'6=.-)
%worn statement that certificate is lost to be
filed by person in interest with (egister of
#eeds
2etition to court for issuance of new title
.fter notice and hearing court to order
issuance of new title with memorandum
8
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
that it is issued in place of lost certificate
FduplicateG
6f false statementH complex crime of estafa
thru falsification of public document
.#@)(%) =,.67 61 ()G6%-)()# ,.1#
!hoever claims a better right or interest in
a land adverse to the registered owner shall
ma8e written statement alleging his right,
how and when acquired with description of
land
%tatement to be signed and sworn to
)ntitled to registration as adverse claim
noted on certificate of title
6f there is petition speedy hearing,
determine validity of adverse claim
7ay be cancelled without court order/
effective only for ; days
.fter cancellation, no adverse claim on
same ground may be registered by same
claimant
.dverse to registered owner
.rises after original registration
=annot be registered under provisions
of land registration act
-o be made on original certificate, to the
duplicate is not necessary because no access
=ontracts of lease, contract to sell but
prescription and money claims are not
allowed
2urposeH measure designed to protect the
interest of a person over a property where
registration is not provided for by the land
registration act/ serve as notice and warning
to persons subsequently dealing on said
land
#ifferent with lis pendensH permanent/ can
only be removed after hearing is done but
adverse claim is only for ; daysH lis
pendens notice that property is in
litigation/ adverse claim/ somebody is
claiming better right
(ecent rulingH adverse claim can only be
removed upon court order
. 2)-6-6+1 %))961G %E(()1#)( +'
#E2,6=.-) -6-,)
6n voluntary and involuntary conveyances
when duplicate cannot be produced, petition
in court may be filed to compel surrender of
certificate of title duplicate to (egister of
#eeds
.fter hearing, may order issuance of new
certificate and annul the old certificate/ new
certificate shall contain annotation re
annulment of old certificate
". .7)1#7)1- .1# .,-)(.-6+1 +'
=)(-6'6=.-) +' -6-,)
. certificate of title cannot be altered,
amended except in direct proceeding in
court/ summary proceeding
)ntries in registration boo8s also not
allowed to be altered except by order of the
court
GroundsH
1ew interest not appearing on the
instrument have been created
6nterest have terminated or ceased
+mission or error was made in entering
certificate
1ame of person on certificate has been
changed
(egistered owner has married
7arriage has terminated
=orporation which owner registered
land has dissolved and has not
conveyed the property within
years after its dissolution
!hat corrections are permitted in title
Fwhich does not include lands included in
original/ technical description as long as
original decree of registration will not be
reopened and rights or interest of persons
not impaired/ old survey was incorrect/
substitution of name of registered ownerG
1. .lteration which do not impair
rights and
2. .lteration which impair rights
with consent of all parties
. .lterations to correct obvious
mista8es
$. ()=+1%-6-E-6+1 +' +(6G61.,
=)(-6'6=.-) +' -6,)
.s consequence of war records have been
destroyed
!hen reconstituted have same validity as
old title
=an only be done judicially by filing a
petition for reconstitution with (-=
-o be published in +G for 2 cons issues and
on main entrance of municipality at least ;
days before hearing
In rem proceedings
=ourt to order reconstitution if it deemed
fit/ issue order to (egister of #eeds
,ac8 of essential data fatal
&. -(.1%.=-6+1 )@6#)1=)# <B ,+%-
#+=E7)1- *+! ()G6%-)()#
(egister of #eeds forbidden to effect
registration of lost or destroyed documents
%teps by interested partiesH
1. 2rocure authenticated copy of lost
or destroyed instrument
2. %ecure an order from court
CHAPTER 1.: FEES, OFFENSES, PENALTIES
6n connection with original and subsequent
registration of lands payable to =ler8 of court,
(egister of #eeds, sheriff
'ull payment of fees prerequisite to registrationH at
least the entry fee of $.;;, rest of the fees due
payable within next 1$ days
OFFENSES:
1. ,arceny
2. 2erjury false statement under oath
. 'raudulent procurement of certificateH fine of not
more than 1;,;;; or imprisonment of $ years or both
in discretion of court
". 'orgeryH fine of not more than 1;,;;; or
imprisonment of 1; years or both in discretion of
court
'orging of seal in (egister of #eeds, name,
signature or handwriting of any officer of
court of (egister of #eeds
'raudulent stamping or assistance in stamping
'orging of handwriting, signature of persons
authoriCed to sign
Ese of any document which an impression of the
seal of the (egister of #eeds is forged
9
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
$. 'raudulent saleH sale of mortgaged property under
the misrepresentation that it is not encumbered/
deceitful disposition of property as free from
encumbranceH imprisonment of years or fine not
exceeding 2,;; or both at discretion of court
CHAPTER 1/: REGISTRATION OF PUBLIC LANDS
PUBLIC LANDS all lands owned by the government
6nalienable and alienable
6nalienable public domainH timber and miner lands
.lienableD #isposable 5 public agricultural land
PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE
PERSON2
PROCEDURE:
+fficial issuing instrument of conveyance to issue
instrument
'ile instrument with (egister of #eeds
6nstrument to be entered in boo8s and owner>s duplicate
to be issued
6nstrument only contract between Government and
private person and does not ta8e effect as conveyance
if unregistered, it is registration which is operative
act of conveying land/ evidence of authority for
(egister of #eeds to register
'ees to be paid by grantee
.fter issuance of certificate of title, land is deemed
registered land within the purview of the -orrens
system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED:
INDEFEASIBLE AND CONCLUSIVE
6n absence of registration, title to public land is not
perfected and therefore not indefeasible
6n case of 2 titles obtained on same date one procured
thru decree of registration is superior than patent
issued by director of lands
2 titles procured by one person one from homestead
patent, one from judicial decree 0 sold to 2 diff
persons, one who bought it for value and in good
faith 0 one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
=lassification is exclusive prerogative of executive 0 not
by judiciary
.nyone who applies for confirmation of imperfect title
has burden of proof to overcome the presumption
that the land sought to be registered forms part of
public domain F(egalian doctrineG
UNDER THE CONSTITUTION:
.gricultural only one subject to alienation
'orest or timber
7ineral lands
1ational par8
UNDER THE PUBLIC LAND ACT:
1. .lienableDdisposable
a. .gricultural
b. (esidential, commercial, industrial
c. )ducational, charitable
d. -own sites and for public and quasi5public
uses
2. -imber lands 5 inalienable
. 7ineral lands inalienable
6f patent or title is issued void ab initio for
lac8 of jurisdiction
1ot subject to acquisitive prescription/ even if in
possession for long time, will not ripen into
ownership
Except: mineral lands and forest lands acquired
before inauguration of =ommonwealth in
1ovember 1$, 1:$/ vested rights which are
protected
FISHPONDS
<eforeH included in definition of agriculture, conversion of
agricultural land to fishponds does not change character of
land
Now: restricted meaning/ fishponds has distinct category/
cannot be alienated but may be leased from government.
DIRECTOR OF LANDS
Luasi5judicial officer
'indings of fact conclusive on higher court with absence
of fraud, mista8e other than error of judgment/ but
not with regards to finding of law
)mpowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
*omestead settlement
%ale
=onfirmation of imperfect or incomplete title
?udicial legaliCation
.dministrative legaliCation
,ease not included since lease does not transfer ownership/
free5title grantH free distribution of public lands to
encourage people to cultivate/ government furnishes the
applicant with tolls plus cash allowance to enable him to
cultivate
CONFIRMATION OF IMPERFECT TITLE:
,ast extension granted by Government was until
#ecember 1, 1:43
(ight made available to person qualified to acquire
alienable and disposable public land thru open,
continuous, exclusive, notorious F+=)1G possession
under bonafide claim of ownership since ?une 12,
1:"$.
2rior to transfer of sovereignty from %pain to
E%, have applied for purchase but did not
receive title, without default on their part
provided they have occupied since their
application
6n +=)1 possession since ?une 12, 1:"$ or
earlier
7embers of cultural minorities in +=)1 who
has claim of ownership for at least ; years
MA0 LAND THAT CAN BE APPLIED: 1"" hectares
6n case of foreigner, sufficient that he is already 'ilipino
citiCen at the time of his application
=orporation who has less &;A 'ilipino ownership cannot
apply confirmation of imperfect title/ can only lease
PERSONS COMPETENT TO QUESTION LAND GRANT
2ersons who obtained title from %tate or thru persons
who obtained title from %tate
PATENT
%HEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY
OPERATION OF LA%:
1. #eed of conveyance issued by government
patentDgrant
2. (egistered with (egister of #eeds mandatoryH
operative act to convey 0 transfer title
. .ctual physical possession, open 0 continuous
,and ceased to be part of public domain 0 now
ownership vests to the grantee
.ny further grant by Government on same land
is null 0 void
Epon registration, title is indefeasible
10
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
6ndefeasible when registered, deemed incorporated with
-orrens system/ 1 year after issuance of patent
7ay not be opened one year after entry by ,and
(egistration .uthority/ otherwise, confusion,
uncertainty 0 confusion on government system, of
distribution of public lands may arise 0 this must be
avoided
Except: annullable on ground of fraud, may be
reopened even after 1 year because registration does
not shield bad faith
=ourt in exercise of equity jurisdiction may
direct reconveyance even without ordering
cancellation of title
AIM OF HOMESTEAD PATENT:
<enevolent intention of government to distribute
disposable agricultural land to destitute citiCens for
their home and cultivation
.s a matter of public policy, may be repurchased even if
after $ years provided not for profit
(ight of repurchase not allowed if sold within family 0
not for cultivating or living but for speculation
purpose
RESTRICTIONS:
=annot be alienated within $ years after approval of
application for patent
=annot be liable for satisfaction of debt within $ years
after approval of patent application
%ubject to repurchase of heirs within $ years after
alienation when allowed already
1o corporation, partnership, association may acquire
unless solely for commercial, industrial, educational,
religious or charitable purpose or right of way
subject to consent of grantee 0 approval of %ecretary
of 1atural resources
E0CEPTIONS:
.ction for partition because it is not a conveyance
.lienations or encumbrances made in favor of the
government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
Pari delicto rule does not apply in void contract
@iolation of prohibition results in void contract
.ction to recover does not prescribe
HOMESTEADER
6f he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON3CHRISTIANS
(CULTURAL MINORITIES)
=onveyance is valid if able to read and can
understand language where deed is written
+therwise, not valid unless approved by =ommission
on 1ational 6ntegration
%afeguard is to protect them against fraudDdeceit
CHAPTER #1: CADASTRAL REGISTRATION
PROCEEDINGS
PURPOSE:
.nother means to bring lands under operation of -orrens
%ystem
+rdinary registration is slow for lac8 of initiative on part
of landowners, innovation was 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
1o defendant 0 no plaintiff
=ompulsory
PROCEDURE:
1. =.#.%-(., %E(@)B
6n opinion of 2hil president pursuant to
requirement of public interest, title of land
within a specified area needs to be settled
and adjudicated
+rder #irector of ,ands to ma8e survey and
plan
#irector gives notice to persons claiming
interest in lands 0 to gen public of day of
survey published in +G and posted in
conspicuous place on lands to be surveyed
Geodetic engineers commences survey
#uring survey, boundaries are mar8ed by
monuments
2. '6,61G +' 2)-6-6+1
.fter survey and plot been made, #irector
represented by %ol Gen institutes cadastral
proceeding by filing petition in court
against holders, claimants, possessors,
occupants
2arcel of lots given their cadastral numbers
2E<,6=.-6+1 +' 1+-6=) +' *).(61G
=ourt to order date of hearing
,(. to notify public by publishing notice 1x in
+G and 1x in newspaper of general
circulation 0 copy mailed to person whose
address is 8nown 0 other copies posted in
conspicuous place designated bylaw
'6,61G +' .1%!)(
.ny person claiming interest in any part of
lands subject to petition is required to file
answer
.nswer must give the ff detailsH
.ge of claimant
=adastral number of lot claimed
1ame of barrio or municipality where
lot is located
1ame of owners of adjoining lots
6f in possession 0 without grant no of
years in possession
6f not in possession state interest
claimed
6f assessed of taxation assessed value
.ny encumbrances affecting said lots
*).(61G +' =.%)
6n any convenient place where land lies
,i8e an ordinary (-= trial
=onflicting claims are determined
,ots claimed are awarded to persons entitles if
they could prove title
6f none could prove title land is declared
public domain
#)=6%6+1
=laimants are notified of decision
6%%E.1=) +' #)=()) .1# =)(-6'6=.-) +'
-6-,)
Epon order of court, ,(. to enter decree of
registration
#ecree made basis for issuance of +=-
#ecree are now being directly prepared and
issued on regulation forms of such
certificate
NATURE OF TITLE COVERED BY # ACTS:
-itle in good faith 0 for value
)rrors in plan does not annul decree of registration
=ancellation 0 correction is permitted
11
ZPG & ASSOCI AT E S ( ZAMBAL ES. PABLO. GONZAL E S
LAND ALREADY REGISTERED
?urisdiction is limited only to correction of technical
errors
=ourt cannot issue decree on land already decreed
(evision of decree allowed when substantial rights are
not impaired/ what is prohibited is registered land to
be registered again in name of another
?urisdiction subsist to all incidental matters
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
=.#.%-(., +(#61.(B
2arty 6nitiating Government 2rivate 6ndividual
%ubject 7atter 2rivate and 2ublic 2rivate ,ands
+wnership Government does not assert ownership
6nterested only in settlement of titles
+wnership is .sserted
%urvey Government underta8es survey and
advances expenses
+n account of owner
.s to ris8 6n absence of successful claimant,
property goes to government
.pplicant has another chance to claim is
dismissal is without prejudice
%HEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED
1; years up to #ec 1, 1:&4
Enable to file their claim even while in possession granted right to petition for reopening of proceedings provided such were not
alienated, leased or disposed by government
CADASTRAL COURT DOES NOT A%ARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
2rovisions of land registration act applicable to cadastral proceedings
CHAPTER #1: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
%ystem of registration for unregistered land under the -orrens %ystem F.=- ""G
Before: covers voluntary dealings, now includes involuntary dealings
)ffect if prospective/ binds
rd
persons after registration but yields to better rights of
rd
person prior to registration Flimited effect
to
rd
partiesG
(easonH no strict investigation involved
%ubsequent dealings also valid if recorded
(egister of #eeds 8eeps day boo8 0 a register/ index system is also 8ept
2rocedureH
1. 2resentment of instrument dealing in unregistered land
2. 6f found in order registered
. 6f found defective registration is refused writing his reason for refusal.
12