Public Land Laws and Laws

on Natural Resources
Lecture 3

Course Title:
GE 225 PUBLIC LAND LAWS AND LAWS ON NATURAL RESOURCES
Instructor:
Engr. Annevin Tomas Martinez, GE
CERTIFICATE OF
LAND TITLE
REGISTRATION

Process whereby the State provides

a public record of the title itself
upon which a prospective purchaser
or someone else interested may
rely. It is a means to guarantee or
confirm the title.
TORRENS SYSTEM

A system for registration of land

under which, upon landowner’s
application, the court may, after
appropriate proceedings, direct the
issuance of a certificate of title.

• Originator: Robert Richard Torrens

CERTIFICATE OF TITLE

Best Evidence of the right of the

owner or the extent of his interest,
and by which means he can
maintain control, and as a rule
assert right to exclusive possession
and enjoyment of property.
TAX DECLARATION AND TAX RECEIPTS

• NOT CONCLUSIVE PROOF OF

OWNERSHIP
DEED

• An 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.

• ex. Deed of sale, deed of donation, deed

of conveyance
FEE SIMPLE

• Absolute title; absolute estate in

perpetuity. Land is conferred upon a
man and his heirs absolutely and
without any limitation imposed upon
the state.

• Ex. To Juan Dela Cruz and his heirs

RECORDING

• It is the process whereby Register

of Deeds writes information in his
Registry Book upon issuance of
decree of registration.
PURPOSE OF REGISTRATION

• The fundamental purpose of the registration is to

finally settle title to real property in order to
preempt any question on the legality of the title –
except claims that were noted on the certificate
itself at the time of registration or those that
arose subsequent thereto (i.e. mortagage, lease,
sale)

• Consequently, once the title is registered under

the said Law, owners can rest secure on their
ownership and possession.
MODES OF ACQUIRING LAND TITLES

1. Title by Public Grant – conveyance of public land by government to

a private individual
2. Title by Acquisitive Prescription – open, continuous, exclusive,
notorious possession of the land (10 years in good faith or 30 years
in bad faith)
3. Title by Accretion – alluvion being the riparian owner
4. Title by Reclamation – filling of submerged land by deliberate act
and reclaiming title thereto by the government
5. Title by Voluntary Transfer – voluntary execution of deed of
conveyance (ex. Deed of sale or Deed of Donation)
6. Title by Inheritance – hereditary succession to the estate of
deceased owner
7. Title by Emancipation Patent or Grant – for purpose of improving
the side plight of the tenant farmers; not transferable right away
except by hereditary succession.
Which court has jurisdiction over land
registration cases?

• General rule: Land registration

proceedings and all petitions after
original registration of titles are
filed with the Regional Trial Court
of the province or city where the
land or a portion lies.
EXEPTIONS

• When the case involves:

-lots without controversy or opposition
• Contested lots
-where the assessed value does not
exceed P100,000.00

• the Metropolitan or Municipal Trial Court

(MTC) have jurisdiction
Torrens Certificate of Title

• A Torrens Certificate of Title is valid and

enforceable against the whole world.
• The title, once registered, is notice to the whole
world. All persons must take notice. No one can
plead ignorance of the registration.

1. OCT
2. TCT
3. PATENTS
Torrens Certificate of Title

• Original Certificate of Title or OCT

–It is the first certificate of title issued in
the name of a registered owner by the
Register of Deeds covering a parcel of
land which had been registered under
the Torrens System, by virtue of
judicial or administrative proceedings.
Torrens Certificate of Title

• Patents
–only involve public lands which
are alienated by the
Government, pursuant to the
Public Land Act (CA 141).
Steps in Original Registration
Proceedings:

1. Determine if the land is registrable

2. Determine if you are qualified to apply
3. Survey the land
4. File the application (survey attached) for land
registration with the appropriate court
5. Court sets initial hearing
6. Publication of the initial hearing
7. File an opposition to the application
8. Hearing
9. Judgment
10. Issuance of decree of registration
Issuance of Decree of Registration

• Court directs the Land Registration Authority to issue a

decree of registration and certificate of Title within 15 days
from entry of judgment. Land registration proceeding
becomes final one year from the final decree of registration
1. Commissioner signs the decree
2. Decree is entered and filed with the LRA
3. OCT and owner’s duplicate certificate are sent to the
Register of Deeds where property is situated.
4. Register of Deeds enters the information in his
registration book.
5. Register of Deeds sends notice by mail to owner that
his duplicate is ready for delivery upon payment of
legal fees.
WRIT OF POSSESSION

• Issued not only against the person

defeated in the registration case but
also against any one adversely
occupying the land during the
proceedings
• can be complimented by writ of
demolition
Subsequent Registration after the title was
issued

• PD 1529 Sec 52.

– Constructive notice upon registration. Every
conveyance, mortgage, lease, lien, attachment,
order, judgment, instrument or entry affecting
registered land shall, if registered, filed or
entered in the office of the Register of Deeds
for the province or city where the land to which
it relates lies, be constructive notice to all
persons from the time of such registering, filing
or entering.
Government actions affecting titles

• ATTACHMENT - a 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

• Examples:
• a. Preliminary- temporary remedy in civil cases
• b. Garnishment- a court order directing that money or
property of a third party be seized to satisfy a debt
owed by a debtor to a plaintiff creditor
• c. Levy on execution- order for the sheriff to seize the
debtor's property and take into legal custody
NOTICE OF LIS PENDENS

• Lis pendens- a reference to the

control that courts obtain over
property in law suit awaiting action.

*Property cannot be alienated or

disposed because the property is under
litigation in the court
ADVERSE CLAIM

• When a person claims any part or

interest in registered land adverse to
the registered owner, after date of
the original registration.

–30 days from the date of

registration
PURCHASER IN GOOD FAITH

• General Rule: A forged deed is an

absolute nullity and conveys no title.

• EXCEPTION: If there is good faith, a

TCT has already been issued to the
purchaser, the latter being an
innocent purchaser for value
according then the title is good.
Compensation from the Assurance Fund

• The registered owner or holders of transfer

certificates of titles (without negligence on his
part), sustains loss or damage through fraud, error
or mistake in the certificate of entry in the
registered book, may bring an action for damages
against the Assurance fund (National treasury).

– Action must be brought within 6 years from the

time the right to bring the action first occurred.
Remedies of the Aggrieved
Party

• Motion for New Trial- 15 days from notice of judgment

• Appeal- 15 days from notice of judgment of new trial

• Relief from Judgment- 60 days after petitioner learns

of judgment, but not more than 6 months after
judgment was entered

• Petition for Review (because of actual fraud)- petition

must be filed within one year (1) form the issuance of
the decree by LRA
Action for Reconveyance

• Can be filed after one year from issuance of decree,

petition for review is no longer available and property
has not yet passed to innocent purchaser for value

Kinds Action for Reconveyance:

1. If based on fraud, filed within 4 years
2. If based on implied trust, filed within 10 years;
3. If based on expressed trust and void contract,
imprescriptible
4. Action to quiet title where plaintiff is in possession-
imprescriptible
Annulment of Judgment

• Grounds: extrinsic fraud and lack of

jurisdictionIf based on extrinsic fraud, file
within 4 years from discovery.
Registered Land Not Subject to Prescription

• No ownership over registered land shall be

acquired by prescription or possession
because its owned by the titled owner.

• Exception to this rule:

– But ownership may be lost through Laches
(Failure or neglect to assert a right for an
unreasonable length)
Questions?
Thank You