LAND TITLES AND DEEDS Kinds of Title

(1) Good- that which is enforceable against the whole

TITLE world including the government or any of its
 The lawful cause or ground of possessing that which branches, and in this jurisdiction carrieswith it the
is ours. character of indefeasibility. (Ex: title registered
 That which constitutes a just cause of exclusive under Torrens system and acquired in good faith)
possession, or which is the foundation of ownership (2) Doubtful- that which exposes the party holding it to
of property the hazards of litigation and, therefore, may be
 the word signifies or is taken to mean as (1) considered neither good nor bad (Ex: Documents of
ownership or, when used with appropriate limiting sales of unregistered lands recorded under Act 3344)
words, a claim of ownership; or (2) the totality of (3) Bad- when, if conveyed to another, conveys no
evidence property at all (Ex:title obtained thru fraud or similar
 in the strict sense, is applicable only to real estate means, not in good faith or for a valuable
 Specifically, one’s title to land is the evidence of his consideration)
right or of the extent of his interest
 the means whereby the owner is enabled to assert LAND TITLES GRANTED BY THE SPANISH CROWN
or maintain his possession; “Titulo Real’’ or Royal Grant
 Title to land granted generally to Spanish subjects in
Equitable ownership-means a present title in land which order to encourage them to settle and go out to the
will ripen into “legal ownership’’ upon the performance people of the new territory
of conditions subsequent.  Those who shall have labored and established a
home on their lands and resided in the said
Title vs possession settlement for a period of four years were granted
 Title means the right of possession, it does not the right thereafter to sell and to exercise their free
mean possession itself alone. disposition over their lands
 Title implies possession but possession does not  Distribution of the land was according to rank — to
necessarily imply title the discoverers and settlers
 Possession means actual control of property by  Evidences of absolute ownership but may be lost by
physical occupation prescription.
 title is the means whereby one holds possession of
his land “Concesion Especial’’ or Special Grant
 Acquiring title to land accomplished thru the
Therefore, title signifies the right of possession or of exercise of a special power by Governor-General of
property in land as distinguished from actual possession Philippines without any authority of a special law
 The existence of the power of disposal is presumed.
Fee simple title- a title to the whole of the thing
absolutely “Composicion con el Estado’’ or Adjustment Title
 Full and absolute state beyond which and outside of  Title granted by Spanish Government through the
which there is no other interest or right Direccion General de Administracion Civil, pursuant
 when such a title exists, there cannot be even a to the provision of the Royal Decree of 25 June 1880
shadow of right beyond it because it means  Premised upon the assumption that all those lands
complete and unconditional ownership in fact to which the state has never executed any deed
 It involves the exercise of the maximum rights of were property of the state
dominion over the property without limitations  Granted to those who extended their possession
except those which may be established by law beyond the limits fixed and originally granted
 No one is admitted to adjustment unless he has
possessed the land for at least 10 years.
 Certificate of Title- a mere evidence of ownership; it  By these titles, unlawful entries and detainer of
is not the title to the land itself lands by private individuals were legalized under
 Transfer certificates of title- those issued subsequent certain conditions
to original certificates and may not necessarily  Evidences of absolute ownership but may likewise
constitute a transcript of the decree of registration. be lost by prescription.
 A title by composition with the State is a title of
conclusive ownership in favor of the party who
appears therein as the grantee
Status of other pre-existing land registration system. — (4) That there is a court order for the conversion of the
The System of registration under the Spanish Mortgage registration of possession into a record of
Law is hereby discontinued and all lands recorded under ownership; and
said system which are not yet covered by Torrens title (5) That the Register of Deeds make the proper record
shall be considered as unregistered lands. thereof in the Registry

“Titulo de Compra’’ or Title by Purchase Under the Royal Decree of February 13, 1894 or the
 Acquired in accordance with the regulations for the Maura Law
sale of public lands in the Philippines approved by  Title obtained is a gratuitous title or titulo gratuita
the Royal Decree of January 26,1889 to property granted under the conditions prescribed
 Application to purchase must be published in the by Sections 19 and 20 of the said Royal Decree
Gazetta de Manila setting forth the description of
the land and giving 60 days in which anyone can Possessors of alienable public lands under cultivation
present his objection to the same who have not obtained nor applied for adjustment
 Sale was conducted at public auction and awarded (composicion con el estado) on the date of such decree
to the highest bidder and covered not only vacant may still obtain a gratuitous title to the land by means
lands but also public lands occupied without title. of a possessory information upon establishing the
existence of any of the following conditions:
“Informacion Posesoria’’ or Possessory Information Title (1) continuous cultivation of the land during the
This title may be obtained under: (2) preceding 6 years;
(1) the Spanish Mortgage Law; or (2) possession of the land for 12 consecutive years and
(2) under the Royal Decree of February 13, 1894 or the cultivation of the same during the preceding 3
Maura Law. years; or
(3) open and continuous possession for at least 30
Under Spanish Mortgage Law years in case the land has not been under
 When duly inscribed in the Registry of Property, is cultivation.
converted into a title of ownership only after lapse
of 20 years of uninterrupted possession which must The Maura Law, which granted the right to perfect
be actual, public & adverse, from date of inscription possessory informacion posesoria title under the law
 Though converted into a title of absolute ownership, expired one year after its promulgation
still it may be lost by prescription. After its expiration, full property rights over the land
 A possessory information proceeding under the reverted to the government and the right of the
Spanish Mortgage Law is instituted before a judge of cultivator and possessor to obtain gratuitous title was
first instance or justice of the peace (wherein one in extinguished. It is, therefore, indisputable that the
possession of real estate, claiming the right to registration of possession had not been converted into
possession, was permitted after notice to the a registration of ownership in accordance with Article
adjoining land owners to set forth the fact that he 393 of the Spanish Mortgage Law. Consequently,
was in actual possession of such real estate and the claimants do not possess a registerable Title
nature of the title under which he claimed the right
to possession and to call such witnesses and to Use of Spanish Titles as Evidence in Registration
produce such evidences in support of his claim as he Proceedings Under the Torrens System No Longer
thought necessary and proper). Allowed
With the passage of Presidential Decree No. 892, which
Conditions for possessory info to ripen to ownership took effect on 16 February 1976, the system of
The registered possessory information proceedings do registration under the Spanish Mortgage Law was
not ripen into ownership except under certain discontinued and all lands which were not recorded
conditions such as: under that system and were not yet covered by Torrens
(1) Applicant has been in open possession of the land; titles were to be considered unregistered lands
(2) Application to this effect has been filed after the “All holders of Spanish titles or grants should apply for
expiration of twenty (20) years from the date of registration of their land under Act No. 496, otherwise
such registration; known as the Land Registration Act, within six (6)
(3) That such conversion be announced by means of a months from the effectivity of this decree. Thereafter,
proclamation in a proper official bulletin; Spanish titles cannot be used as evidence of land
ownership in any registration proceeding under the
Torrens system.
Methods of Acquiring Land Titles just title, 30 years of uninterrupted possession is
(1) by public grant, necessary under Article 1137 of the same Code.
(2) by private grant, Section 47 of P.D. 1529 expressly provides that “no title
(3) by adverse possession or prescription, to registered land in derogation of the title of the
(4) by accretion, registered owner shall be acquired by prescription or by
(5) by involuntary alienation, adverse possession’’
(6) by descent or devise,
(7) reclamation, i.e., filling of submerged lands by property registered under the provisions of P.D. 1529 is
deliberate act and reclaiming title thereto, and not subject to prescription. Prescription is unavailing
(8) by P.D. No. 27, The Emancipation Patent or Grant, not only against the registered owner but also against
emancipating tenants from their bondage to the his hereditary successors because the latter merely step
soil. into the shoes of the decedent by operation of law and
is merely the continuation of the personality of their
Acquisition by Public Grants predecessor-in-interest.
The Spanish Government since then took charge of
distributing the lands by issuing Royal Grants and Prescription, in general, is a mode of acquiring (or
concessions to discoverers, settlers, vassals and other losing) ownership and real rights through lapse of time
people in varied forms. By means of these grants and in the manner and under conditions laid down by law,
concessions issued by the Crown of Spain, titles to land namely, that the possession be in the concept of an
grants were acquired by the respective grantees. owner, public, peaceful, uninterrupted, and adverse.

Tax declarations are not conclusive proof of ownership Acquisitive prescription is either voluntary or
in land registration cases extraordinary.
Ordinary prescription requires possession in good faith
No public land can be acquired by private persons and with just title for ten (10) years. In extraordinary
without any grant, express or implied, from the prescription, ownership and other real rights over
government, it is indispensable that there be a showing immovable property are acquired through
of title from the State. uninterrupted adverse possession thereof for 30 years
without need of title or of good faith.
Forest lands or forest reserves are not capable of
private appropriation and possession thereof, however A donation propter nuptias which is void for failure to
long, cannot covert them into private property. comply with formal requisites, could still constitute a
A positive act of the government is needed to declassify legal basis for adverse possession. While a verbal
land which is classified as forest, to convert it into donation under which the claimant and his
alienable or disposable land or for other purposes predecessor-in-interest have been in possession of the
land in question is not effective as a transfer of title, still
Private Grants of Land Titles it is a circumstance which may explain the adverse and
The transfer of title to land by the owner himself or his exclusive character of the possession.
duly authorized representative to another by mutual
consent is recognized by law. Consent of the grantor is What Is Necessary Before Prescription May Lie Against a
an essential element, as for instance, the sale of land by Co-Owner?
one person to another. Execution of a deed of Under any of the modes for acquiring property by
conveyance in a certain prescribed form followed by prescription, it should be shown that the claimant has
recording or registration in a public office gave effect to performed unequivocal acts of repudiation amounting
the transfer of a title to the land conveyed. to an ouster of the other heirs or owners, that the other
owners or heirs were or should have been apprised of
By Adverse Possession or Prescription such positive acts of disavowal, and that the evidence
Lands are acquired by adverse possession when such thereon should be clear and conclusive
possession had continued uninterrupted for a number
of years in the concept of owners, adverse, public and Co-ownership; termination of the same
peaceful. after subdivision
It was held that after the physical division of the lot
If possession is in good faith and with a just title, 10 among the brothers, the community ownership
years uninterrupted possession is sufficient under terminated, and the right of pre-emption or
Article 1134 of the New Civil Code. On the other hand, redemption for each brother was no longer available
if that possession is wanting in good faith and without a
Under Article 484 of the Civil Code, there is co- and void. However, only the rights of the co-
ownership whenever the ownership of an undivided owner/seller are transferred, thereby making the buyer
thing or right belongs to different persons. There is no a co-owner of the property.
co-ownership when the different portions owned by a co-owner who redeems a property subject of a co-
different people are already concretely determined and ownership without the other co-owners joining him
separately identifiable, even if not yet technically cannot claim exclusive ownership of the property.
described
Prescription
Co-ownership; rights of the co-owners A person’s possession of a parcel of land covered by a
Under the co-ownership, the ownership of an undivided TCT cannot render nugatory the right of the holders of a
thing or right belongs to different persons. During the certificate of title. The reason is that prescription does
existence of the co-ownership, no individual can claim not run against registered land. A title, once registered,
title to any definite portion of the community property cannot be defeated even by adverse, open, and
until the partition thereof; and prior to the partition, all notorious possession.
that the co-owner has an ideal or abstract quota or
proportionate share in the entire land or thing.
A fundamental principle in land registration that the
Before partition in a co-ownership, every co-owner has certificate of title serves as evidence of an indefeasible
the absolute ownership of his undivided interest in the and incontrovertible title to the property in favor of the
common property. person whose name appears therein
The co-owner is free to alienate, assign or mortgage his A title once registered under the Torrens system cannot
interest, except as to purely personal rights. He may be defeated even by adverse, open and notorious
also validly lease his undivided interest to a third party possession; neither can it be defeated by prescription
independently of the other co-owners.
Petitioners cannot prove their ownership of the subject
The co-owner, however, has no right to sell or alienate parcels of land through tax declarations and
a concrete, specific or determinate part of the thing corresponding tax receipts inasmuch as they are not
owned in common, because his right over the thing is conclusive evidence of ownership
represented by a quota or ideal portion without any
physical adjudication. If the co-owner sells a concrete
portion, this, nonetheless, does not render the sale An action for reconveyance based on an implied or
void. constructive trust prescribes within ten years from the
Such a sale affects only his own share, subject to the time of its creation or upon the alleged fraudulent
results of the partition but not those of the other co- registration of the property.
owners who did not consent to the sale. Since registration of real property is considered a
constructive notice to all persons, then the ten-year
The rights of the co-owners to have the property prescriptive period is reckoned from the time of such
partitioned and their share in the sale delivered to them registering, filing or entering.
cannot be questioned for “no co-owner shall be obliged
to remain in the co-ownership.” The partition was
merely a necessary incident of the co-ownership; and The action for partition has not yet prescribed. An
absent any evidence to the contrary, this partition is action to demand partition is imprescriptible or cannot
presumed to have been done in good faith. be barred by laches.

Partition of land need not be in writing Possession of co-owner cannot ripen to ownership
extrajudicial settlement of estate is valid although Q — May the possession of a co-owner ripen into
executed in an unregistered private document ownership? Why?
No law requires partition among heirs to be in writing Ans. — No. The possession of a co-owner cannot ripen
and registered to be valid. into ownership for the reason that the possession was
merely in the concept of a trustee for the other co-
Co-ownership; sale of the whole property; effect owners.
even if the co-owner sells the whole property as his, the
sale will affect only his share but not those of the co-
owners who did not consent to the sale.
Since a co-owner is entitled to sell his undivided share,
a sale of the entire property by one co-owner is not null
Thus, in order that a co-owner’s possession may be Concept of trust
deemed Trust is the legal relationship between one person
adverse to the cestui que trust or the other co-owners, having an equitable ownership in property and another
the following elements must concur: person owning the legal title to such property, the
1. that he has performed unequivocal acts of equitable ownership of the former entitling him to the
repudiation amounting to an ouster of the cestui performance of certain duties and exercise of certain
que trust or the other co-owners; powers by the latter.
2. that such positive acts of repudiation have been
made known to the cestui que trust or the other co- The characteristics of trust are:
owners; and (1) It is a relationship;
3. that the evidence thereon must be clear and (2) It is a relationship of fiduciary in character;
convincing. (3) It is a relationship with respect to property, not one
involving merely personal duties;
Implied trust 10 yrs period to question title (4) It involves the existence of equitable duties imposed
Art. 1456 of the New Civil Code which says that upon the holder of the title to the property to deal
property acquired through mistake or fraud, the person with it for the benefit of another; and
obtaining it is, by force of law, considered a trustee of (5) It arises as a result of a manifestation of intention to
an implied trust for the benefit of the person from create the relationship.
whom the property comes. Trusts are either express or implied.
Express trusts are created by the intention of the trustor
Implied trust is defined as the right, enforceable solely or of the parties
in equity, to the beneficial enjoyment of property, the implied trusts come into being by operation of law,
legal title to which is vested in another and is further either through implication of an intention to create a
subdivided into resulting and constructive trust. trust as a matter of law or through the imposition of the
trust irrespective of, and even contrary to, any such
resulting trust is one raised by implication of law and intention.
presumed to have been contemplated by the parties,
constructive trust, is one raised by construction of or In turn, implied trusts are either resulting or constructive
arising by operation of law trust.
Resulting trusts are based on the equitable doctrine
Action for reconveyance in implied trust that valuable consideration and not legal title
An action for reconveyance of registered land based on determines the equitable title or interest and are
an implied trust may be barred by laches. The presumed always to have been contemplated by the
prescriptive period of such actions is 10 years from the parties. They arise from the nature or circumstances of
date the right of action accrued the consideration involved in a transaction whereby a
prescribes in 10 years even if the decree of registration person thereby becomes invested with legal title but is
is no longer open to review. obligated in equity to hold the legal title for the benefit
of another.
Effect of registration of document constructive trusts are created by the construction of
registration of an instrument in the Office of the equity in order to satisfy the demands of justice and
Register of Deeds constitutes constructive notice to the prevent unjust enrichment. They arise contrary to
whole world, and, therefore, discovery of the fraud is intention against one who, by fraud, duress or abuse of
deemed to have taken place at the time of registration. confidence, obtains or holds the legal right to property
Such registration is deemed to be a constructive notice which ought not, in equity and good conscience, to hold
that the alleged fiduciary or trust relationship has been
repudiated. To give rise to a purchase money resulting trust, it is
essential that there be:
Trust; Resulting Trust (1) An actual payment of money, property or services,
However, if the person to whom the title is conveyed is or an equivalent, consisting valuable consideration;
a child, legitimate or illegitimate, of the one paying the (2) and such consideration must be furnished by the
price of the sale, no trust is implied by law, it being alleged beneficiary of a resulting trust
disputably presumed that there is a gift in favor of the
child Exceptions to implied trust
(1) The first is stated in the last part of Art. 1448 itself.
(2) that in which an actual contrary intention is proved.
Burden of proof in trust Accretion; if land is the result of
As a rule, the burden of proving the existence of a trust the dumping of sawdust, it is public.
is on the party asserting its existence, and such proof Q — Accretion was formed as a result of the dumping
must be clear and satisfactorily to show the existence of of sawdust by the Sun Valley Lumber Co. consequent to
the trust and its elements. its sawmill operations, somewhere at an area near
Balacanas Creek and Cagayan River. The question was
While implied trusts may be proved by oral evidence, whether the land is private or public. Decide.
the evidence must be trustworthy and received by the Ans. — It is part of the public domain. Article 457 of the
courts with extreme caution,and should not be made to Civil Code provides: “To the owners of lands adjoining
rest on loose, equivocal or indefinite declarations. the banks of rivers belong the accretion which they
Trustworthy evidence is required because oral evidence gradually receive from the effects of the current of the
can easily be fabricated waters.”

Q — A parcel of land used to be the conjugal property where the land was not formed solely by the natural
of Gregorio Yap and Rosario Diez. The former died effect of the water current of the river bordering said
leaving as heirs his wife and children. To facilitate the land but is also the consequence of the direct and
approval of a loan, she executed an extrajudicial deliberate intervention of man, it was deemed a man-
settlement of the property signed by the heirs except made accretion and, as such, part of the public domain.
Gregorio Yap, Jr., thena minor. The title was cancelled
and Rosario exercised the rights of ownership over the the property bordering or adjoining the banks of a river
property. The heirs filed an action for partition alleging is registered land does not automatically make the
that the extrajudicial settlement was simulated and accretion registered land.
void, but the RTC dismissed the Courts ruled that
Gregorio What Are the Requisites in Order to
Yap, Jr. was barred by laches. Is the ruling correct? Acquire Land by Accretion?
Why? In order to acquire land by accretion, there should be a
Ans. — Yes. The extrajudicial settlement is valid, but natural and actual continuity of the accretion to the
Gregorio Yap, Jr. was not barred by laches since he was land of the riparian owner, although the presence of
a minor at the time the extrajudicial settlement was depressions, swales and sloughs in land thrown up
executed. The registration of the land under Rosario against a shoreline does not necessarily determine its
merely created an implied trust in her favor character or that it is not an accretion to the riparian
land.
Riparian Rights; Accretions
Accretion which the banks of rivers gradually receive The two essential requisites of alluvion are
from the effects of the current become property of the (1) that the land where the accretion takes place be
owners of the bank, such accretions being natural adjacent to the banks of the river and
incidents to land bordering on running streams. The (2) that the accretion is due to the gradual action of the
provisions of the Civil Code in that respect are not current of the rivers
affected by the Land Registration Act
Under the new Civil Code, Article 461 provides the rule
Accretion does not automatically become registered on alluvion that the dried river bed belongs to the
land just because the lot which received such accretion owner of the property the river now occupies. If the
is covered by a Torrens title. Ownership of a piece of river bed dries up by natural causes, the river bed
land is one thing, registration under the Torrens System remains public land because no one is injured. Hence, it
of the ownership is another cannot belong to the riparian owners. The rules on
alluvion do not apply to man-made or artificial
Elements of accretion: accretions nor to accretions to lands that adjoin canals
(1) The accumulation of soil or sediment must be or esteros or artificial drainage systems
gradual and imperceptible;
(2) It is the result of the actions of waters of the river; To Whom Does an Island Formed by Accretion to Bed of
(3) The land where the accretion takes place is adjacent Stream Belong?
to the bank of the river. Where the title to the bed of a stream rests in the state,
islands formed by accretion to such bed belong to the
Accretion is the process whereby the soil is deposited, state and not to the owner of either shore, and, where
while alluvium is the soil deposited on the estate an island springs up in the midstof a stream, it is an
fronting the river bank accretion to the soil in the bed of the river, and not to
the land of the riparian owner, although it afterward Transfer of Title by Descent or Devise
becomes united with the mainland Transfer of title to land by testate or intestate
succession is governed by the Civil Law. Title to land is
Although Article 420 speaks only of rivers and banks, acquired by descent in case an heir succeeds the
“rivers’’ is a composite term which includes: (1) the deceased owner in intestacy or by reasons of certain
running waters, (2) the bed, and (3) the banks relationship which entitles him to succeed by operation
of law.
accretion is defined as the act by which the land One succeeds by devise when he acquires land from
bordering a stream or other body of water increases its one who may not be a relative, if he is named by the
area by the gradual deposit of soil or seaweeds by the latter in his last will and testament to succeed as such.
current of the river or other natural process

One claiming land as an accretion has the burden of Reclamation Method

proof; he must prove his claim by a preponderance of Title by reclamation as a method of acquiring land title
evidence suggests filling of submerged land by deliberate act and
reclaiming title thereto. In the Philippines, there is no
Land Registration and Accretion, law, express or implied which grants to owners of
Effect of Lease Application adjacent upland the right to fill the adjacent land under
When a person applies to lease a parcel of land on the water.
mistaken belief that it is a public land, such Reclaimed lands may however, be declared by the
circumstance alone does not convert the land applied government as property of the adjoining owners and as
for into a public land. such increment thereto only when it is no longer
washed by the water of the sea and no longer
Registration Does Not Protect Riparian Owner Against necessary for public use like the construction of an
Diminution of His Land Thru Accretion avenue thereon

Deposits Caused by Action of Sea Title by Emancipation Patent or Grant

Form Part of Public Domain Presidential Decree No. 27 which was promulgated on
Alluvial formation along the seashore is part of the October 21, 1972 is a historic instrument calculated to
public domain and, therefore, not open to acquisition emancipate tenant farmers from the bondage of the
through adverse possession by private persons. It is soil by making them owners of the land they till. It
outside the commerce of man, unless otherwise applies to private agricultural lands planted to corn
declared by either the executive or legislative branch of and/or rice, generally affecting landed estate. By landed
the government. A Bay Is Part of the Sea estate we mean such agricultural land with an area of
24 hectares and above.
Court Cannot Declare That Land Gained by Sea Is No
Longer Necessary for Public Use it gives the tenant farmer five hectares of land to till if
Only the Executive and possibly the Legislative the land is unirrigated, and three hectares if the land is
Departments have the authority and the power to make irrigated, leaving to the landlord only seven hectares to
the declaration that any land so gained by the sea, is no till or give it up if he would not till himself or thru the
longer necessary for any public use or purpose. Without members of his family.
such formal declaration, the land remains public and
cannot be subject to acquisitive prescription

Involuntary Alienation of Land Titles Conditions for tenant-farmer to become the absolute
Titles to land may also be acquired against the express owner of the property:
will of the owner. Transfers may not require the But, before a tenant-farmer may become the absolute
consent of the owner of the land. owner of the property, there are seven conditions that
For instance, the State in the exercise of the power of he must fulfill. In legal contemplation, they are not yet
eminent domain or by way of escheat proceedings may, owners, they are only prospective owners. They will
without the owner’s express consent, take lands of only become absolute owners upon compliance of the
private ownership. seven conditions.
(1) The tenant-farmer must pay for the land assigned to
him within 15 years in annual installments at 6%
interest per annum.
(2) He must be a member of a cooperative. “This comprehensive meaning includes any writing
(3) He must follow certain prescribed improved farming under seal, as a bond, lease, mortgage, agreement to
practices, for the purpose of ensuring increased convey realty, etc.’’
production.
(4) He must participate in the guarantee fund program In its technical legal concept, a deed is a solemn
by depositing with the cooperative association one document and it has been defined as a writing or
cavan of palay per hectare each harvest. Proceeds instrument on paper or parchment sealed and
of this deposit will guarantee the land amortization delivered. all sealed instruments are deeds whether
of any tenant-farmer who may default to pay. they be conveyed or executory contracts
(5) Where a tenant-farmer gets a loan from a rural
bank, it is the duty of the tenant-farmer to allow the But in a restricted sense, it signifies a conveyance of
bank to retain 5% of the production loan, to realty, and in this concept, a deed has been defined as a
constitute a trust fund in the name of the writing by which lands are conveyed
cooperative subject to the control of the Ministry of Its primary meaning was an instrument consisting of
Local Government. three things — writing, sealing, and delivering
(6) The tenant-farmer must not have violated during
the period of 15 years the prohibition to transfer, “Deed’’ and “Will’’ Distinguished
except by hereditary succession, his landholding to Conveyance by a deed necessarily means transferring
any person other than the government. the land to the grantee; otherwise, the instrument may
(7) To pay the real estate taxes on the property be considered a will.
assigned to him from the time he received the Land
Transfer Certificate. a deed is defined as a sealed writing, signed by the
parties to be charged, which evidences the terms of the
contract between the parties whereby the title to real
After all these conditions shall have been complied property is transferred from one to the other inter vivos
with, the Emancipation Patent will be issued by the
Ministry of Agrarian Reform to the tenant-farmer The essential difference between a deed and a will is
But, after the tenant-farmer shall have complied with all that the former passes a present interest and the latter
the above-stated requirements or conditions, the passes no interest until after the death of the maker
Ministry of Agrarian Reform will issue the Emancipation
Patent. This Patent will then be filed for registration in “Deed’’ and “Contracts’’
the Registry of Deeds of the province where the land A deed is very commonly referred to as the contract
lies. between the grantor and grantee although the latter
does not sign it
If the land of the landlord is covered by a Torrens title,
the Registrar of Deeds will cancel it partially with  Deed valid in form-A deed, technically known, that
respect to the individual areas covered by the has no defect apparent on its face
Emancipation Patents and issue in favor of each tenant-  good deed- one which conveys a good title, not one
farmer a Transfer Certificate of Title. But, if the land which is good merely in form. A good and sufficient
involved is an unregistered land, the Registrars of deed is a marketable deed; one that will pass a good
Deeds, upon registration of the Emancipation Patent, title to the land it purports to convey.
must issue a Torrens title, denominated as Original  Lawful deed is one that conveys a good or lawful
Certificate of Title. Thus, the land can be titled under title.
the Torrens System although the owner has not gone  voluntary deed is one given without any valuable
through the original registration proceedings. consideration, as that term is defined by law; one
founded merely on a good, as distinguished from a
By merely complying with all the seven conditions valuable consideration, on motive of generosity and
mentioned, a tenant-farmer becomes entitled to a affection, rather than a benefit received by the
Torrens Title which is good against the whole world. donor or detriment, trouble or prejudice to the
Deeds and Conveyancing Concept of “Deeds’’ grantee.
A deed, in its broader legal acceptation, is a written  warranty deed is a deed containing a covenant of
instrument under seal, but it is often given a more warranty.
restricted meaning as signifying a conveyance of realty.
In a comprehensive non-technical sense, the word is
ordinarily employed as synonymous with the word act.
Other terms it is held that the contract is made where the deed is
 to convey, as applied to the transfer of realty, means delivered and not where it is prepared and signed
to transfer a land title from one person or class of
persons to another and conveyance is generally used In case of conflict between the area and the boundary
to denote a transfer of title whether legal or equitable of a piece of land, it is the latter which should prevail.
 grant, as applied to the transfer of property, is now
nomen generalissimum, applicable to all sorts of Conveyance by Grantor Without Title
conveyances. A grantor can convey no greater estate than what he
Grantee is a person to whom a grant is made and a has or in which he has an alienable title or interest, but
grantor is commonly regarded as one who transfer by a conveyance by a person without title or proper
any mode of conveyance, property in houses or lands. authority to convey is not held void and may become
operative as against the grantor by way of estoppel, or
 Defeasance is an instrument which voids or defeats may impose a liability by reasons of its covenant, or
the force in operation of some other deed or estate. may operate as an agreement to convey, which may be
 voluntary settlement is a conveyance for the benefit enforced in equity in case of subsequent acquisition of
of near relatives for whom donor may be presumed to title by the grantor.
wish to provide because of natural affection.
 Power of attorney to sell a lot or to sue for it, is not in “Habendum’’ and “Tenendum’’ in Deeds
itself a conveyance. The habendum in a deed is that clause which
 Escrow differs from a deed only with respect to its defines and limits the estate conveyed. On the other
delivery, being the same in other essentials. hand, the tenendum is that clause characterized by the
words to hold.
A deed for land and a title bond for land differ in that Of course, neither the habendum nor the tenendum is
the former is the evidence of an executed contract, essential to the validity of the conveyance
while the latter is the evidence of an executory
contract, whether an instrument operates as one or the Recording of Transcription System
other ordinarily rests upon the intention of the parties This system is sometimes known as constructive notice
discernible from the face of the instrument. through recording in a public office. The transfer is
accomplished by having the title papers copied or
There is a manifest distinction between executory transcribed in a public record provided by the
contract to convey and conveyance of property. government usually in the province or city where the
 A quitclaim deed is one which purports to convey and property lies.
is understood to convey, nothing more than the
interests or estate in the property described of which Judicial System
the grantor is seized or possessed, if any, at the time, Under this system, direct intervention by the court is
rather than the property. essential and an indispensable requisite to validate the
transfer of the land titles. The court supervises the
Common Requisites of a Deed transfer and to that end issues the necessary
In general, apart from statutory requirements, the regulations.
requisites of a deed have been said to be:
(1) competent parties, Torrens System (quasi-judicial)
(2) sufficient and lawful subject matter, Under this system, title of the grantee or transferee is
(3) a valid or good or valuable consideration, made binding against the whole world, including the
(4) proper words of conveyance and government, as soon as the deed of transfer shall have
(5) a formal signing, execution and delivery to grantee been presented and registered in the office of the
Registrar of Deeds.
The validity of a deed of realty or immovable property The principle is that it is the act of registration that
as a rule is determined in accordance with the law of operates to transfer the title to the land and without
the place where the property is located. The law in such registration the transfer made between the parties
force at the time of conveyance determines the right of shall be deemed at most to be a mere personal
the parties thereto. Thus, where a deed is sufficient in obligation or an executory contract of transfer.
form and mode of execution to pass a good title at the To facilitate registration under this system, the
time it was made, such title will not be defeated by any government provides to the owner a Torrens certificate
subsequent change of law as to form and solemnities of of title which is submitted for cancellation when the
the conveyance. property is transferred to another person who will then
be entitled to the issuance of new Torrens title.
Registration, Its Purpose and Law that Governs (3) to quiet title to the land and put a stop forever to
The Meaning of “Registration’’ any question of legality to a title, and to decree that
“To register’’ means “to enter in a registry; to record land title to be final, irrevocable, and undisputable.’’
formally or distinctly; to enroll; to enter in a list’’ Registration Offices Under Present Laws
In general, therefore, registration means any entry Office of the Registrar of Deeds
made in the books of the registry, including both There shall be at least one Registrar of Deeds for each
registration in its ordinary and strict sense, and the province
cancellation, annotation and even the marginal notes. and one for each city.
In its strict acceptation, it is the entry made in the
registry which record solemnly and permanently the
right of ownership and other real rights The Torrens System
In order to establish a system of registration by which
Land registration, on the other hand, pertains to the title recorded become absolute, indefeasible and
proceeding, either administrative or judicial, for imprescriptible, Act No. 496, otherwise known as the
registering the title to, or interest in, a land in a public Land Registration Act, was passed and took effect on
registry so that such title or interest, becomes a matter February 1, 1903.
for public record, and all persons who have any interest
in the land may be informed thereof, actually or Registration Under Act 3344
constructively, and be bound thereby if they make no In order to provide for the registration of instruments
objections thereto within a specific time. affecting unregistered lands, the Administrative Code in
Section 194 established a system of registration under
Original and Subsequent Registration which all documents, affecting lands not registered
Under existing systems of registration in the Philippines, under the Spanish Mortgage Law nor under the Torrens
we have original registration and subsequent system, be recorded in the land records of the province
registration. Original registration takes place when the or city where the land lies.
title to land is made of public record for the first time in
the name of its lawful owner. Under the
Torrens System that we have, it refers to the CHAPTER 2
registration procedure from the filing of the application The Torrens Acts all have a common purpose. In
to the issuance of the original certificate of title in general, they establish a system for the registration of
pursuance of the decree of registration. On the other titles to lands, whereby the official certificate will
hand, subsequent registration takes place when any always show the state of the title and the person in
deed affecting the land is made of public record after whom it is vested. They further provide that after the
the date of its original registration. Thus, the original registration, transfers of the land may be made
registration of a sale, transfer, encumbrance or other in the manner prescribed in detail in the acts.
disposition of a land which has been originally Nature of the Torrens System
registered is within the purview of subsequent The Torrens system in the Philippines is judicial in
registration. character and not merely administrative in nature.
It is conclusive upon the whole world including the
Purpose of Registration government. The title issued is indefeasible and it
Under the system of law, registration of titles to, and cannot be lost by prescription.
deeds affecting, land is made in order: The real purpose of the Torrens system is to quiet title
(a) to make the instruments evidencing the to land and to stop forever any question as to its
transactions valid as against third persons; legality. Once a title is registered, the owner may rest
(b) to make them binding on the land itself. secure, without the necessity of waiting in the portals of
Requirements for the recording of the instruments are the court, or sitting on the “mirador su casa,’’ to avoid
designed to prevent frauds and to permit and require the possibility of losing his land
the public to act with the presumption that recorded
instruments exist and are genuine Concept of the Torrens System
The Torrens system does not create or vest title. It only
Purposes of Land Registration Law in general, are: confirms and records title already existing and vested. It
(1) to ascertain once and for all the absolute title over a does not protect an usurper from the true owner. It
given landed property; cannot be a shield for the commission of fraud. It does
(2) to make, so far as it is possible, a certificate of title not permit one to enrich himself at the expense of
issued by the court to the owner of the land another.
absolute proof of such title;
Interests Subject to Registration in General Proceedings Under Act 496 (Now P.D. 1529) and
As a rule, titles, although not of record in the office of Cadastral Proceedings Under Act 2259
the registrar of deeds, may be registered. Hence, titles Distinguished
gained by prescription may be registered, and in a (1) Under Act 496, registration is voluntary; under the
proper case, a receiver may have a title which admits of Cadastral system, registration is compulsory.
registration. (2) Under the former, the owner of the land or his legal
representative is the applicant; under the latter, the
Philippine Jurisdiction — Lands Subject to Initial Director of Lands (on behalf of the Government,
Registration represented by the Solicitor General) is the
(1) Private Lands — Those lands which have been petitioner (applicant).
segregated from the general mass of the public domain (3) Under the former, the application usually refers to a
by any form of grant by the State, and which are in the private land. It may also refer to a public agricultural
possession of the original grantees or their successors- land if the applicant asks for judicial confirmation of
in-interest. an imperfect or incomplete title under Section 48,
(2) Public agricultural land to which claimants have paragraph (a) or (b) of Commonwealth Act
acquired imperfect or incomplete title within the (4) No. 141; under the latter, all classes of lands are
contemplation of Section 48 of Commonwealth Act No. included in the proceedings, private lands, public
141 — Most of the lands now occupied or possessed by agricultural lands and lands, of public ownership.
the people throughout the Philippines are not covered The public lands are, of course, declared public
by titles issued by the Government. lands in the hearing. The public agricultural lands
may be adjudicated to those qualified under Section
Lands Not Subject to Registration 48 of Commonwealth Act 141.
The following lands are not registrable by any private (5) Under the former, the person who files his
person in his name: application for registration of the land is called
(1) those devoted to general public use such as public applicant and the person who objects to the
roads, plazas, canals, streets, rivers, banks, and registration of the land comes to court as opponent;
shores; under the latter, the owners of the land must come
(2) those devoted to public service such as towns, walls, to court as claimants of their own lands.
and fortresses; (6) Under the former, the petitioner asks the Court to
(3) public forests; confirm his title and order the registration of the
(4) mineral lands; and land in his name; under the latter, the Government
(5) those reserved by the government for public or asks the Court to settle and adjudicate the title to
quasi-public purposes. the land described in the petition.
(7) Under the former, the land is surveyed at the
Nature of the Procedure request of the owner thereof; under the latter, the
Methods of Bringing Lands Under the Operation lands are surveyed by the Government which
of the Torrens System initiates the registration of all lands in a municipality
Title to land may be registered under the Torrens for “public interests’’.
system either judicially or administratively. The judicial (8) Under the former, if there is no adverse claim and
method may be either voluntary or compulsory. the applicant fails to prove his title to the land, his
application may be dismissed “without prejudice.’’
When the action instituted by the applicants at their In that case the order of dismissal does not
own instance the proceeding is judicial in nature constitute res judicata. The applicant may refile his
and voluntary. application when he believes he has sufficient
evidence to support his claim; under the latter, if
Acquisitions of patents to public agricultural lands and none of the claimants can prove that he is entitled
registration thereof under Section 122 of Act No. 496 to the land, the same is declared public land, and
(now Section 103, P.D. 1529) is administrative and the judgment of the court declaring the land public
compulsory in character. constitutes res judicata
CHAPTER 3 WHO MAY APPLY FOR REGISTRATION UNDER But once the DENR has decided, particularly with grant
ACT 496 (now PD 1529) of homestead patent and issuance of an OCT and then
1. Those who by themselves or thru their TCT later, its decision prevail
predecessors-in interest have been in open,
continuous, exclusive and notorious possession and As to the right of private Filipino Corporation to apply
occupation of alienable and disposable lands of the the Supreme Court categorically ruled that private
public domain under a bona fide claim of ownership Filipino corporations, although 100% owned cannot
since June 12, 1945, or earlier; apply for original registration because of the provisions
2. Those who have acquired ownership of private lands of the 1973 Constitution, which is similarly provided
by prescription under the provisions of existing laws; under the 1987 Constitution. Under Section 3, Article
3. Those who have acquired ownership of private or XII, it is provided that: “x x x Private corporations or
abandoned river beds by right lands of accession or associations may not hold lands of the public domain
accretion under the existing laws; except by lease for a period not exceeding twenty five
4. Those who have acquired ownership of land in any years; renewable for not more than twenty-five years,
other manner provided for by law. and not to exceed one thousand hectares in area

Where the land is owned in common, all the co-owners If they were already private lands, the constitutional
shall file the application jointly. prohibition against acquisitions by a private corporation
Where the land has been sold under pacto de retro, the would not apply.
vendor a retro may file an application for the original
registration of the land, provided, however, that should Owner of Building Only Cannot Apply
the period for redemption expire during the pendency The owner of a building constructed on land belonging
of the registration proceedings and ownership to the to another cannot file an application for registration of
property consolidated in the vendee a retro, the latter his house independent of the land on which it stands.
shall be substituted for the applicant and may continue
the proceedings. Guardians of Infants and Disabled Owners
A trustee on behalf of his principal may apply for Minors or other persons under disability, through their
original registration of any land held in trust by him, legally appointed guardians, may apply for registration,
unless prohibited by the instrument creating the trust. but the person in whose behalf the application has
been made shall be named as the applicant by the
The word “persons’’, as contemplated in paragraph 1, guardian.
Section 14 of the Property Registration Decree (P.D.
1529) refers to natural persons only, who are citizens of Executors and Administrators
the Philippines and do not include juridical or artificial Appointed by Courts
persons because the subject matter of the registration An executor or administrator duly appointed under the
proceeding under this paragraph are “alienable and laws of the Philippines on behalf of the estate of the
disposable lands of the public domain’’. deceased may register the lands of the latter. While the
administrator of an estate may file an application for
Jurisdiction of courts over land cases registration in behalf of the estate of the deceased, it
It said that Sections 3 and 4 of the Public Land Act, gives does not necessarily follow that the heirs will be
primarily to the Director of Lands and ultimately to entirely powerless to intervene when circumstances so
Secretary of Agriculture (now Secretary of DENR) the warrant
authority to dispose and manage public lands. In this
regard, courts have no jurisdiction to inquire into the Special Requirements Under Certain Conditions
validity of the decree of registration issued by Director Mortgagors
of Lands. Only the DENR Secretary can review on appeal In the case of an owner who has previously mortgaged
such decree. In this case, the trial court’s ruling that his property, he cannot apply for its registration without
respondents title be cancelled, which is a reversal of the the written consent of the mortgagee, in the same way
Director of Land’s award in favor of Lasola, was an that a married woman cannot apply without the written
error. consent of her husband unless the rights or interest
involved in the latter constitute her paraphernal
DENR’s jurisdiction over public lands does not negate property. In case the mortgagee refuses to give his
the authority of the courts of justice to resolve consent, the application may be allowed provided that
questions of possession and their decisions stand in the the title be made subject to such mortgage which shall
meantime that the DENR has not settled the respective be specified in the decree of registration.
rights of public claimants.
All the Co-Owners Must Apply Where to File Application
Where the land is owned in common, all the co-owners The application for registration shall be filed with the
shall file the application jointly Regional Trial Court of the province or city where the
land is situated. The applicant shall file together with
May a Non-resident File Application the application all original muniments of titles or copies
If the applicant is not a resident of the Philippines, he thereof and a survey plan of the land approved by the
shall file with his application an instrument in due form Bureau of Lands
appointing an agent or representative residing in the
Philippines, giving his full name and address, and shall An application may include two or more parcels of land
therein agree that the service of any legal process in the belonging to the applicant/s provided they are situated
proceedings under or growing out of the application within the same province or city. The court may at any
made upon his agent or representative shall be of the time order an application to be amended by striking out
same legal effect as if made upon the applicant within one or more of the parcels or by a severance of the
the Philippines application

Reserva Troncal and Trustees Where is Application for Registration Filed for Lands
With respect to property subject to reservation Situated in Different Provinces Belonging to One Owner?
provided for in the New Civil Code (reserva troncal), the In case there be several parcels of land situated in
reserver has the right to apply for registration, but the different provinces and belonging to one owner, the
reservable character of the property will be annotated application for registration shall be made in each of the
in the title. corresponding Regional Trial Courts of the province
where the different parcels of land are located.
CHAPTER 4
Requisites of an Application For
Original Registration: Jurisdiction Conferred upon a Regional Trial Court Acting
1) The application must be in writing, signed and as a Land Registration Court — What it Includes
sworn to by the applicant or by someone duly When acting as a land registration court, the Regional
authorized in his behalf; and if there is more than Trial Court, has a limited and special jurisdiction. It
one applicant, the application shall be signed and cannot however be denied that when the law confers
sworn to by and in behalf of each. The full name, jurisdiction upon a court, the latter is deemed to have
citizenship, status, residence and post office address all the necessary powers to exercise such jurisdiction to
of the applicant must be stated therein. make it effective.
2) The application must contain the description of the
land; the number of parcels and location thereof; III. Setting the Date and Hour of Hearing of the
the nature of title thereto; encumbrances, if any; Application
occupants thereon; names and addresses of The court shall, within five days from filing of the
adjoining owners, if known; assessed value of the application, issue an order setting the date and hour of
property, and the length of possession. the initial hearing which shall not be earlier than forty-
3) The application must be accompanied with a tracing five days nor later than ninety days from the date of the
cloth plan approved by the Bureau of Lands order.
together with two blue print copies of the same; The public shall be given notice of the initial hearing of
three (3) copies of the technical description; three the application for land registration by means of (1)
(3) copies of the surveyor’s certificate; the publication, (2) mailing and (3) posting
certificate of last assessment of the property in
quadruplicate or, if none, the affidavitof its market
value; and all muniments of title in the possession of IV. Transmittal of Application to the Land Registration
the applicant or applicants. Commission (now NALTDRA)
The Clerk of Court also sends to the Land Registration
Facts to Be Proven in Support of Application Commission (now NALTDRA) a duplicate of the
1) That the applicant is the owner of the land application and a copy of each of all the documents
2) That the land sought to be registered is the same attached thereto which are examined by the latter. If
land described in the application the Land Registration Commission (now NALTDRA) finds
a mistake committed in the application or that certain
documents required were not submitted, it reports the
same to the court which issues an order requiring the
applicant to make the corrections necessary to submit
the documents required. Before the notice for the case is called for hearing, but the Court may motu
hearing is published, all these requirements must first proprio so order it also.
be complied with by the applicant Laches, when it applies
Bar by laches appears particularly pertinent in this case.
Filing of Answer to the Application Laches is meant the negligence or omission to assert a
Answer in Registration Proceeding right within a reasonable time, warranting a
This refers to the pleading filed by any person, whether presumption that the party entitled to assert it either
named in the notice of hearing or not, in which he sets has abandoned it or declined to assert it. It does not
forth the interest he has in the property sought to be involve mere lapse or passage of time, but is principally
registered, all his objections to theapplication and the an impediment to the assertion or enforcement of a
remedy he desires to ask of the court. right, which has become under the circumstances
inequitable or unfair to permit.
Requisites for Validity of Answer While a question of jurisdiction may be raised at any
Under Section 23 of P.D. 1529, the following are the time, a party may be barred from raising it on ground of
requisites for a valid answer: laches or estoppel
(a) that it should be in writing;
(b) that it should state the nature of the interest which Requisites of registrable title
the objector has in the property; The Public Land Act requires that the applicant must
(c) that it should state the opponent’s objection to the provethat:
application; (a) the land is alienable public land and
(d) that it should ask for the remedy desired; (b) his open, continuous, exclusive and notorious
(e) that it should be signed and sworn to by the possession and occupation of the same are either since
objector or adverse claimant, or by another person time immemorial or for the period prescribed in the
in his behalf; and Public Land Act
(f) that it should be filed on or before the date set for
hearing or within such further time as may be The Principle of “Res Judicata’’
allowed by the court The fundamental principle upon which the doctrine of
res judicata rests is that a matter once adjudicated shall
Private Persons May Not Oppose not again be drawn in issue while the former
in the Interest of the Government adjudication remains in force and shall be conclusive
A private person may not oppose an application for upon the parties and those in privity with them.
registration filed by a party on the ground that the land A party cannot, by varying the form of action, or
applied is a property of the government. an application adopting a different method of presenting his case,
for registration may be objected to,pursuant to the escape the operation of the principle that one and the
provisions of Act 496 (now P.D. 1529) if the opposition same cause of action shall not be twice litigated
is based on the right of dominion or some other real between the same parties or their privies.
right opposed to the adjudication or recognition of the Access to the courts is guaranteed. But there must be a
ownership of the petitioner, whether it be limited or limit thereto. Once a litigant’s rights have been
absolute; and if none such right of the respondents have adjudicated in a valid final judgment of a competent
been injured by the judgment, he cannot have, on his court, he should not be granted an unbridled license to
part, the right to appeal from the said judgment come back for another try.

Differences Between an Order of General

Default and Special Default Decision of the Court and Decree of Registration
Under Section 26, P.D. 1529, an order of general default Distinguished
is issued by the court when no person appears and files The decision rendered by the court in a registration
opposition to an application for registration within the case and a decree issued in pursuance thereto may be
period prescribed in the notice of initial hearing. On the distinguished from each other as follows:
other hand, an order of special default is issued when 1) the decision is rendered by the court as soon as the
some person or persons appear and file oppositions evidence of both parties have been submitted, while a
thereto. An order of general default operates against all decree is issued in pursuance of an order of the court
persons in general, while an order of special default after the judgment has become final;
operates only against those particular persons who did 2) the decision contains a statement of the facts proved
not appear and oppose. In both instances, the order in the hearing and the law applicable thereto, together
may be issued upon motion of the applicant when the with an order for the registration of the property, while
a decree is in the form of an order of the court stating
that the property is registered in the name of the
applicant, and contains a technical description of the
property, and a statement of the encumbrances or
limitations affecting the same;
3) the decree bears the day of the year, hour and
minute of its entry. The decision is actually signed by
the judge rendering it while the decree which bears the
name of the judge ordering its issuance is signed by the
Administrator of the NALTDRA who attests the date and
hour of its issuance;
4) a decision in land registration proceedings does not
become final until after the expiration of fifteen (15)
days from the date of receipt of notice; a decree of
registration does not become final until after the lapse
of one year from the date of its issuance and entry;
5) the ground for the review of the decision and decree
are different (Sec. 32, P.D. 1529 and Sec. 1, Rule 38 of
the Rules of Court);
6) a petition for the review of a decree can be had on
the ground of actual fraud within one year from entry
thereof, provided there is no transfer to an innocent
purchaser for value, while review of a decision or relief
from judgment must be filed within a period of sixty
days from the time petitioner learns of the judgment
and not beyond six months from entry thereof