GE 136 LAND REGISTRATION LAWS Flashcards
What is the definition of TITLE?
The lawful cause or ground of possessing that which is ours; the foundation of ownership of property, real or personal.
What does FEE SIMPLE TITLE mean?
A title to the whole of the thing absolutely; a full and absolute state beyond which there is no other interest or right.
What is a CERTIFICATE OF TITLE?
A mere evidence of ownership; not the title to the land itself. There are two kinds: Original Certificate and Transfer Certificate.
List the METHODS OF ACQUIRING LAND TITLES.
- by public grant
- by private grant
- by adverse possession or prescription
- by accretion
- by descent or devise
- by reclamation
- by involuntary alienation
- emancipation patent
What is a PUBLIC GRANT?
The distribution of lands by the Spanish government through Royal Grants and concessions since the conquest of the Philippines.
What is a PRIVATE GRANT?
The transfer title to land by the owner himself or his duly authorized representative to another by mutual consent.
Define ADVERSE POSSESSION or PRESCRIPTION.
Lands acquired by uninterrupted possession for a number of years in the concept of owners adverse, public, and peaceful.
True or False: Prescription runs against private lands under the Torrens System.
False.
What are the TWO ESSENTIAL REQUISITES OF ACCRETION?
- The land where the accretion takes place must be adjacent to the banks of the river
- The accretion is due to the gradual action of the river current.
Differentiate between ACCRETION and ALLUVION.
Alluvion refers to the deposit itself while accretion refers to the act.
What are DEPOSITS CAUSED BY ACTION OF SEA classified as?
Part of the public domain and not open to acquisition through adverse possession or prescription.
What is meant by BY DESCENT or DEVISE?
Title transfer either by testate or intestate succession.
Define RECLAMATION.
Filling of submerged land by deliberate act to reclaim title.
What is INVOLUNTARY ALIENATION?
Acquisition of title to land by the State against the owner’s will through eminent domain or escheat proceedings.
What does REGISTRATION mean?
To enter in a registry; to record formally or distinctly.
What is LAND REGISTRATION?
Proceeding for registering the title or interest in land in a public registry.
What is the PURPOSE OF REGISTRATION?
- To make instruments evidencing transactions valid against third persons
- To make them binding on the land itself.
Who are considered THIRD PERSONS?
Those who have not participated in the recorded instrument or contract.
What are the two systems of land registration in the Philippines?
- Torrens system
- System of recording unregistered real property.
What does ACT 496 establish?
A system of registration making titles absolute, indefeasible, and imprescriptible.
What is the nature of the TORRENS SYSTEM in the Philippines?
Judicial in character and not merely administrative; conclusive upon the whole world.
List the ADVANTAGES OF THE TORRENS SYSTEM.
- Title is indefeasible
- Conclusive evidence of ownership
- Relieves land of unknown liens
- Raises the value of land
- Simplifies dealing with land
- Assurance fund for damages
What lands are NOT SUBJECT TO REGISTRATION?
- Those devoted to general public use
- Public service lands
- Public forests
- Mineral lands
- Reserved government lands
How do proceedings under ACT 496 and Cadastral Proceedings under ACT 2259 differ in terms of registration?
ACT 496 registration is voluntary, while ACT 2259 registration is compulsory.
Who may apply for registration under ACT 496?
- Those in open, continuous, exclusive possession of alienable lands since June 12, 1945 or earlier
- Those who acquired ownership by prescription
- Those who acquired ownership by accession or accretion
- Those who acquired ownership in any other manner provided by law.
Who is qualified to apply for registration?
A natural person, a Filipino citizen.
Can an alien acquire title to private land?
Generally NO, except in cases of hereditary succession or specific limitations provided by law.
What are the LIMITATIONS ON OWNERSHIP OF FORMER FILIPINO CITIZENS?
- Urban land: not more than 1,000 square meters for residence
- Rural land: not more than 10,000 square meters for residence.
List the STEPS IN CHRONOLOGICAL ORDER FOR THE REGISTRATION OF TITLE TO LAND UNDER ACT 496.
- Survey of the land
- Preparation and filing of the application
- Setting of the date for hearing
- Transmittal of documents to the LRA
- Publication of notice
- Service of notice upon interested parties
- Filing of answers
- Hearing of the case
- Promulgation of judgment
- Issuance of registration order
- Entry of decree in the LRA
- Sending copy to Registrar of Deeds
- Transcription of decree in registration book.
What is a CERTIFICATE OF TITLE also referred to as?
Torrens Title.
What are the KINDS OF CERTIFICATES OF TITLE?
- Original Certificate of Title
- Transfer Certificate of Title.
What is the PROBATIVE VALUE OF A TORRENS TITLE?
Generally conclusive evidence of ownership; mere possession cannot defeat the title.
What is a Torrens title?
A Torrens title is generally a conclusive evidence of the ownership of the land referred to therein.
What presumption exists regarding Torrens titles?
A strong presumption exists that Torrens titles are regularly issued and that they are valid.
Can mere possession defeat the title of a holder of a registered Torrens title?
No, mere possession cannot defeat the title of a holder of a registered Torrens title to real property.
What does a certificate of title serve as evidence of?
A certificate of title serves as evidence of an indefeasible title to the property in favor of the person whose name appears therein.
What happens when a title is issued under the Torrens system?
The land is placed under the operation of the Torrens system and shall always remain registered land.
What claims are relieved from a registered land?
The land is relieved from all claims except those noted thereon.
What is the status of a title once registered?
Title to land becomes imprescriptible; it cannot be defeated by prescription.
Define laches.
Laches is such neglect or omission to assert a right taken in conjunction with the lapse of time and other circumstances causing prejudice to an adverse party.
What is the basis of the doctrine of laches?
The doctrine of laches is based on public policy which discourages stale claims.
What constitutes an exception to imprescriptibility of Torrens Title?
Tolerant silence regarding improvements on the land for an extended period may constitute laches.
What is required for the amendment or correction of a title?
Amendment or correction requires a court order; no alteration can be made without it.
List grounds for amendment or correction of title.
- An error or omission was made in the certificate
- A registered interest is terminated
- New rights have arisen which do not appear on the certificate
- The name or status of a person has been changed
- Any other reasonable ground
What is reconstitution?
Reconstitution is the restoration of the instrument or certificate allegedly lost or destroyed in its original form.
What are the requisites of reconstitution?
- The certificate of title is lost or destroyed
- The petitioner is the registered owner or has an interest therein
- The certificate of title was in force at the time it was lost or destroyed
What governs administrative reconstitution?
Administrative reconstitution is governed by RA 6732.
What governs judicial reconstitution?
Judicial reconstitution is governed by PD 1529.
What is the first step in the recovery of a lost certificate of title?
A sworn statement of loss, theft, or destruction of the certificate of title.
What happens if two titles appear in the name of the same registered owner?
The lost certificate of title shall prevail over the reconstituted title.
What should the Register of Deeds do when both titles appear in the name of different persons?
The Register of Deeds should bring the matter to the attention of the proper Regional Trial Court.
What is required for judicial reconstitution?
- Filing a petition in the proper RTC
- Publication of notice in Official Gazette
- Notice to ROD of the land’s location
What is the basis for judicial reconstitution?
- Owner’s copy of the certificate of title
- Certified copy of the previously issued certificate
- Authenticated copy of the decree of registration
What does administrative reconstitution allow?
It allows the restoration of lost or destroyed land titles without court proceedings under specific conditions.
What prevails in case of conflict between the area and the boundary of land?
The boundary should prevail over the area.
What are examples of voluntary dealings with registered land?
- Sale
- Donation
- Lease
- Mortgage
- Extrajudicial partition
What are examples of involuntary dealings?
- Lis pendens
- Eminent domain
- Descent/devise
- Judicial partition
What is the operative act in transactions involving registered land?
The act of registration is the operative act to convey or affect the land.
What is the nature of the duties of the Register of Deeds?
The duties are ministerial and mandatory.
What happens if a contract is invalid?
Invalidity of contracts is not a valid objection to registration.
What must be paid before registering a voluntary document?
Real estate taxes must be fully paid.
What prevails between two instruments involving the same land?
The registered transaction prevails over the earlier unregistered right.
What is the rule on double sale for movable property?
Ownership is transferred to the person who first took possession in good faith.
What is the effect of one’s knowledge of prior unregistered interest?
Knowledge of a prior unregistered interest has the effect of registration to the person aware of it.
What happens to a void title in the hands of an innocent purchaser for value?
A void title may become the root of a valid title.
What is the effect of a forged mortgage?
A mortgage executed by a forger is not enforceable against the owner.
What constitutes lis pendens?
Lis pendens is a legal process that serves as notice of pending litigation regarding land.
What is the purpose of a notice of lis pendens?
It warns that a particular real property is in litigation and serves to protect the registrant’s rights.
What facts should appear in the notice of lis pendens?
A statement of the institution of action regarding the land.
What is the purpose of a notice of lis pendens?
To announce that a particular real property is in litigation and warn that acquiring an interest in the property is at one’s own risk.
It protects the real rights of the registrant while the case is pending resolution.
What facts should appear in the notice of lis pendens?
- Statement of the institution of an action or proceeding
- Which court the action is pending
- Date of the institution of the action
- Reference to the number of the certificate of title
- Description of the land affected
- Name of the registered owner
These details ensure clarity and legality in the context of ongoing litigation.
What can lead to the cancellation of a notice of lis pendens?
An order from the court showing the notice is for molesting the adverse party or is unnecessary for protecting rights.
It can also be cancelled by the Registry of Deeds upon a verified petition.
What is the duty of the Registry of Deeds regarding lis pendens in case of subsequent sale or transfer?
To carry over the notice of lis pendens on all new titles to be issued.
This ensures that all future owners are aware of any existing litigation.
What does the principle of eminent domain state?
No person shall be deprived of his property except by competent authority and for public use, upon payment of just compensation.
This principle is outlined in Article 435 of the NCC.
Who can exercise eminent domain?
- National government
- Local government (province, city, municipality)
- Any agency or instrumentality authorized by law
These entities have the authority to take private property for public use.
What circumstances must be present for taking property under eminent domain?
- The expropriator must enter private property
- The entry must be for more than a momentary period
- The entry should be under legal authority
- The property must be devoted to public use
- Utilization must oust the owner from beneficial enjoyment
These conditions ensure that the taking of property is just and lawful.
What is required before an executor or administrator can deal with registered land of a deceased owner?
They must file with the Registry of Deeds a certified copy of letters of administration or will, along with the duplicate certificate of title.
This process ensures proper legal authority to manage the estate.
What is a writ of attachment?
A writ commanding the sheriff to attach the property rights, credits, or effects of the defendant to satisfy the plaintiff’s demands.
It is used during an action to secure property for potential judgments.
What are the three kinds of attachment?
- Preliminary Attachment
- Garnishment
- Levy on Execution
Each type serves a specific purpose in securing a plaintiff’s claims.
What is the definition of a family home?
The dwelling house jointly constituted by husband and wife or an unmarried head of a family, where they reside.
Defined under Article 152 of the Family Code.
What exemptions exist for a family home from execution?
- Non-payment of taxes
- Debts incurred prior to constitution
- Mortgages secured before or after constitution
- Debts due to laborers and service providers
These exemptions provide protection for the family home under specific conditions.
What are the two kinds of partition?
- Extrajudicial partition
- Judicial partition
Each type has its own process for dividing property among co-owners.
What happens after a final judgment of partition is entered?
A copy of the final judgment must be filed and registered; each owner is entitled to have their certificate entered showing their share.
This formalizes the division of property among co-owners.
What is an adverse claim?
A written statement by someone claiming an interest in registered land adverse to the registered owner, which can be registered.
It must be effective for a period of thirty days from registration.
What are the formal requisites of an adverse claim?
- Alleged right or interest
- How and under whom it was acquired
- Description of the land
- Signature and sworn statement
These requirements ensure the legitimacy of the claim.
What is the purpose of cadastral registration?
To expedite the settlement and adjudication of titles to properties and minimize land conflicts.
It was established under Act 2259 to address slow procedures in land registration.
What is the procedure for filing a petition in cadastral registration?
The Director of Lands files a petition in Regional Trial Court against holders or claimants of the land, stating public interest requires settlement.
This initiates the formal process for adjudicating land titles.
What must the contents of the petition in cadastral registration include?
- Description of the land with a plan
- Other data for full notice to occupants
This ensures all relevant parties are informed of the proceedings.
What is the Public Land Act?
Commonwealth Act No. 141, an act to amend and compile the laws relative to lands of the public domain, approved on November 7, 1936.
It governs the management and disposition of public lands.
What is the purpose of the Certificates of Title pursuant to patents?
To ensure that public land alienated by the government is registered with the ROD and a certificate of title is issued to the grantee.
The act of registration is what conveys the land, not the deed or grant itself.
Define public land in the context of government ownership.
Public land is equivalent to public domain, limited to lands open for private appropriation and settlement.
It does not include all government-owned lands.
What are patrimonial lands?
Lands belonging to the State as a private individual, not devoted to common use.
What are friar lands?
Lands acquired by the government during the Taft administration from religious corporations, considered private lands of the government.
They are not classified as public lands.
What does the Friar Lands Act (ACT no. 1120) provide?
It provides for the administration, temporary leasing, and sale of certain haciendas and parcels of land, commonly known as friar lands.
Classify public lands.
Public lands are classified as:
* Disposable (alienable) lands
* Non-disposable lands.
What are disposable public lands?
Lands that can be appropriated for:
* Agricultural purposes
* Commercial, residential, industrial uses
* Educational or charitable purposes
* Reservations for townsites.
What are non-disposable public lands?
Lands not susceptible to appropriation, including:
* Timber lands
* Mineral lands.
Can forest lands be acquired by prescription?
No, forest lands or timberland cannot be acquired by prescription.
What is the Regalian Doctrine?
All lands of the public domain and natural resources are owned by the State, with the exception of agricultural lands.
This is enshrined in Section 2 Art XII of the 1987 Constitution.
What is required for declassifying forest land into alienable land?
A positive act of the government.
List the classifications of public domain lands as per Section 3 Article XII of the 1987 Constitution.
Lands of the public domain are classified into:
* Agricultural
* Forest or timber
* Mineral lands
* National parks.
What is the maximum area for a homestead application?
Not more than 24 hectares.
Who may apply for a homestead?
Must be a citizen of the Philippines and at least 18 years of age or head of a family.
What is the limitation on homestead entries?
Not more than one homestead entry allowed per person.
What does a homestead patent exclude?
It does not convey title to gold, silver, copper, iron, or other minerals within the land.
What is the process for applying for a homestead?
The process includes:
* Filing of application
* Payment of entry fee
* Actual cultivation of the land
* Continuous residence for one year
* Survey by the Bureau of Lands.
Who may apply for the purchase of public land?
Filipino citizens of legal age or head of family, corporations with 60% Filipino ownership, and partnerships.
What is required for the sale of public land?
Filing of application, appraisal, publication of notice, posting of notice, submission of sealed bid, and payment of purchase price.
What is the maximum area for a corporation to purchase public land?
Up to 1,024 hectares.
What is the maximum area for a partnership to purchase public land?
144 hectares for each partner, not exceeding 1,024 hectares total.
What is a free patent?
A gratuitous grant of land not exceeding 24 hectares for natural born Filipino citizens who meet specific requirements.
What are the qualifications for a free patent application?
Must be:
* A natural born Filipino citizen
* Not own more than 24 hectares
* Have continuously occupied and cultivated the land since July 4, 1926.
What are the common restrictions for all grants under the Public Land Act?
Restrictions include:
* No injurious grants to adjoining lands
* Exclusion of minerals
* Subject to public servitudes and rights of way.
What is the prohibition against alienation or encumbrance?
Lands acquired under free patent or homestead provisions cannot be encumbered or alienated for five years after the patent issuance.
What is the right of repurchase?
Conveyance of land acquired under free patent or homestead provisions is subject to repurchase by the applicant or heirs within five years.
What expenses must be returned upon exercising the right to repurchase?
The vendor must return the sale price and necessary and useful expenses.
What is the abrogation of Spanish mortgage law?
The system of registration under Spanish Mortgage Law is discontinued, and unregistered lands must be registered under the Torrens System.
What is a Titulo Real?
A title granted to Spanish subjects to encourage settlement in new territories.
What is a Concesion Especial?
A form of land grant under the Spanish Crown.
What is the Torrens System?
A system of land registration that provides for the registration of land titles.
What is a Titulo Real or Royal Grant?
Title granted generally to Spanish subjects to encourage settlement in new territories.
Define Concesion Especial or Special Grant.
A form of title acquired through the exercise of a special power of the Governor General without special law authority.
What is Composicion con el Estado or Adjustment Title?
Title granted by the Spanish government through various royal decrees.
What does Titulo de Compra mean?
Title acquired according to the regulations for the sale of public lands.
What is an Informacion Posesoria or Possessory Information Title?
Title acquired under a specific royal decree.
What happens to lands recorded under the Spanish Mortgage Law?
They are considered unregistered lands if not covered by Torrens title.
What is required for registration of an instrument affecting real estate?
It must be registered in the office of the Register of Deeds.
What data is required for land registration?
Name, age, civil status, nature of land, its boundaries, assessed value, and acknowledgment details.
Define Real Estate Mortgage.
A contract guaranteeing a creditor fulfillment of a principal obligation using real property as collateral.
What are the essential characteristics of a Real Estate Mortgage?
It is a real right, accessory contract, indivisible, inseparable, and characterized by publicity.
What is a lien?
A claim upon another’s property due to an unpaid debt, acting as an encumbrance until the debt is satisfied.
What is pacto comisorio?
A stipulation that the mortgagee cannot appropriate the mortgaged property in case of non-fulfillment.
What are the kinds of mortgage?
- Voluntary or conventional mortgage
- Legal mortgage
- Judicial mortgage
- Equitable mortgage
When is an equitable mortgage presumed?
When the sale price is inadequate, the vendor remains in possession, or other specific circumstances occur.
What is the subject matter of a real mortgage?
Immovables and alienable real rights imposed upon immovables.
What is the definition of foreclosure?
The remedy available to the mortgagee to satisfy the obligation by subjecting the mortgaged property.
What are the kinds of foreclosure?
- Extrajudicial foreclosure
- Judicial foreclosure
What is redemption in real estate mortgage?
A transaction allowing the mortgagor to reacquire property by payment or performance of a condition.
What is equity of redemption?
The right of the mortgagor to redeem the property after default but before the sale.
What is RA No. 10023?
Free Patent Law for Residential Lands.
What are the requirements for the Free Patent Law?
- Applicant must be a Filipino citizen
- Actual occupant of residential land
- Area limits based on location
What must be included in the affidavit of two disinterested persons?
Attestation of the applicant’s continuous possession of the land for at least ten years.
What restrictions are removed under the Free Patent Law?
Restrictions regarding encumbrances, conveyances, transfers, or dispositions imposed by Commonwealth Act No. 141.
What is required for an applicant to claim ownership of land according to the application?
The applicant must have resided on and continuously possessed the land for at least ten (10) years under a bona fide claim of ownership.
This is a key condition for land ownership claims as per the specified legal requirements.
What sections of Commonwealth Act No. 141 outline restrictions on land ownership?
Sections 118, 119, 121, 122, and 123 of Chapter XII, Title VI.
These sections impose restrictions regarding encumbrances, conveyances, transfers, or dispositions of land.
True or False: The restrictions imposed by Sections 118, 119, 121, 122, and 123 apply to patents issued under this Act.
False
The restrictions do not apply to patents issued under the specified Act.
Fill in the blank: An applicant must demonstrate a bona fide claim of _______ for at least ten (10) years.
[ownership]
This claim is essential for the application process regarding land ownership.
