Land Registration 1 Flashcards

1
Q

Process where by the state provides a public record of the title itself upon which a prospective purchaser or someone else interested may a prospective purchaser or someone else interested may rely. It is a means to guarantee or confirm the title.

A

Registration

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2
Q

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.

A

Title

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3
Q

An instrument in writing which any real estate or interest therein is created, alienate, mortgaged assigned or by which title to any real estate may be affected in law or equity.

A

Deed

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4
Q

All lands of whatever classification and other natural resources not otherwise appearing to be clearly within private ownership are presumed to belong to the State which is the source of any asserted right to ownership of land.
(Article 12 of the 1987 Constitution)

A

Regalian Doctrine

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5
Q

To prove that the subject property is alienable and disposable land of the public domain, applicant must:

A
  1. Present a Community Environment and Natural Resources Office Certificate (CENRO);
  2. Prove that the DENR Secretary had approved the land classification and released the land of the public domain as A&D; and
  3. That the land subject of the application for registration falls within the approved area per verification through survey by the PENRO or CENRO. In addition, the applicant for land registration must be present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records.
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6
Q

The Regalian Doctrine does not negate ______ to lands held in private ownership since time immemorial.

A

Native Title

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7
Q

On March 1980, Cornelio filed an application for land registration of a parcel of agricultural land. During the trial, Cornelio claimed that he and his predecessors-in-interest had been in open, continuous, uninterrupted, public and adverse possession and occupation of the land for more than 30 years. He likewise introduced a certification, dated February 1981 citing a presidential declaration that on June 1980, the subject matter of the application was declared A&D agricultural land. If you are the judge, will you grant the application for land registration of Cornelio?

A

No, I will not grant the application. To be entitled to register the parcel of land, the applicant must show that the land being applied for is an alienable land. At the time of the filing of the application, the land has not yet been declared alienable by the State.

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8
Q

Refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by Indigenous Cultural Communities/Indigenous People (ICCs/IPs).

A

Native Title

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9
Q

Originator of the Torrens title, a new system of land registration that subsequently spread to the other Australian colonies and is used in Australia and in many other countries throughout the world today.

A

Sir Robert Richard Torrens

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10
Q

When was the Torrens System adopted?

A

November 6, 1902

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11
Q

What act is the basis of the Torrens System adopted?

A

Act No. 496 or “The Land Registration Act”

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12
Q

The following are the purpose of Registration under Torrens System

A
  1. To quiet title to land;
  2. To establish and certify to the ownership of an absolute and indefeasible title to realty, and to simply its transfer;
  3. To guarantee the integrity of land titles, and to protect their indefeasibility once the claim of ownership is established and recognized;
  4. To put a stop forever to any question of the legality of the title;
  5. To minimize conflicting claims and stabilize land ownership;
  6. To relieve the land of burden of known, as well as unknown claims; and
  7. To decree land titles that shall be final, irrevocable, and indisputable.
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13
Q

Which court has jurisdiction over land registration cases?
GR

A

GR: Land registration proceedings and all petitions after original registration of titles are filed with the RTC of the province or city where the land or portion of it lies.
XPN: When the case involves:
* lots without controversy or opposition
* contested lots where the assessed value does not exceed 100,000

On both cases the MTC have jurisdiction.

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14
Q

2 Types of Land Registration

A

(1) Original Registration
(2) Subsequent Registration

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15
Q

When an Original Certificate of Title (OCT) has been issued to an owner by the Register of Deeds for the first time.

A

Original Registration

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16
Q

When the originally issued land title is cancelled and replaced by another title. This is done in cases of sales or donation, with the new owner being issued a Transfer Certificate of Title (TCT). All subsequent transfers shall be issued with Transfer Certificates.

A

Subsequent Registration

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17
Q

Valid and enforceable against the whole world. The title, once registered, is considered to be a notice to the whole world. All persons must take notice. No one can plead ignorance of the registration.
1. OCT
2. TCT
3. Patents

A

Torrens Certificate of Title

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18
Q

First certificate issued in the name of a registered owner covering a parcel of land which had been registered under the Torrens system, by virtue of administrative or judicial proceedings.

A

Original Certificate of Title

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19
Q

Subsequent certificate of title pursuant to any deed of transfer or conveyance to another person. The previous certificate shall stamped “Cancelled”.

A

Transfer Certificate of Title

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20
Q

Only involve public lands which are alienated by the Government, pursuant to the Public Land Act.

A

Patents

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21
Q

2 Kinds of Original Registration

A
  1. Judicial / Voluntary / Ordinary
  2. Administrative / Involuntary / Cadastral
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22
Q

Filing with the proper court an application by the private individual himself

A

Judicial / Voluntary / Ordinary

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23
Q

Compulsory registration initiated by the government, to adjudicate ownership by the government, to adjudicate ownership of land and involuntary on the part of the claimants, but they are compelled to substantiate their claim or interest through an answer.

A

Administrative / Involuntary / Cadastral

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24
Q

Who may apply for registration?

A
  1. Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable land of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier
  2. Those who have acquired ownership over private lands by prescription under the provisions of existing laws;
    *Ordinary Prescription
    *Extraordinary Prescription
  3. Those who have acquired ownership of private lands of abandoned river beds by right of accession or accretion under the existing laws; and
    • Ownership of abandoned river beds by right of accession
    • Ownership by right of accretion along river banks
  4. Those who have acquired ownership of land by any other manner provided for by law.
  5. Where the land is owned in common, all the co-owners shall file the application jointly.
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25
Q

Those who have acquired ownership over private lands by prescription under the provisions of existing laws.
Under Ordinary Prescription

A

10 years

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26
Q

Those who have acquired ownership over private lands by prescription under the provisions of existing laws.
Under Extraordinary Prescription

A

30 years

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27
Q

GN: River beds which are abandoned through the natural change in the course of waters ipso facto belong to the owners whole lands are occupied by the new course in proportion to the area lost.

A
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28
Q

Ownership of abandoned river beds by right of accession
(Exception)

A

XPN: Owners of the adjoining lands shall have the right to acquire the same by paying the value there of, otherwise, the alluvial property may be subject to acquisition through prescription by third persons.

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29
Q

The owners of land adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.

A

Ownership by right of accretion along river banks

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29
Q

Ownership by right of accretion along river banks

A

The o

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30
Q

Ownership by right of accretion along river banks

A

The o

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31
Q

Constitutional Requirements and Limitations

A
  • Natural Persons
    a. Filipino Citizen
    b. If for lease
    c. If for acquisition (purchase, homestead, grant)
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32
Q

Area Limitation for lease

A

Not more than 500 hectares

33
Q

Area Limitation for acquisition

A

Not more than 12 hectares

34
Q

GN: Private corporations or associations may not hold alienable lands of public domain except by lease.

A

Juridical Persons (Corporations)

34
Q

GN: Private corporations or associations may not hold alienable lands of public domain except by lease.

A

Juridical Persons (Corporations)

35
Q

Exception of

A
36
Q

Exception of Juridical Persons (Corporations)

A

XPN: Where at the time the corporation acquired land, its predecessor-in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, then the proscription against corporation acquiring alienable lands of the public domain except through lease does not apply for the land was no longer public land but private property.

37
Q

What lands are Registrable?

A
  • Private Lands
  • Agricultural Lands (those that were declared to be A&D lands)
38
Q

Classification of Lands of the Public Dominion under the Constitution

A

a. Agricultural
b. Forest / timber
c. Mineral
d. National Parks

39
Q

Requisites in ordinary registration proceedings and judicial confirmation of imperfect title

A
  1. Survey of land by Bureau of Lands or any duly licensed private surveyor;
  2. Filing of application for registration by applicant;
  3. Setting of date for initial hearing by the court;
  4. Transmittal of application and date of initial hearing with all documents or other pieces of evidence attached thereto by clerk of court to National Land Titles and Deeds Registration Administration (NALTDRA);
  5. Publication of notice of filing of application and date and place of hearing;
  6. Service of notice by sheriff upon contiguous owners, occupants and those known to have interest in the property;
  7. Filing of answer or opposition to the application by any person whether named in the notice or not;
  8. Hearing of case by court;
  9. Promulgation of judgment by court;
  10. Issuance of a decree by court declaring the decision final, and instructing the NALDTRA to issue a decree of confirmation and registration;
  11. Entry of decree of registration in NALDTRA;
  12. Sending of copy of the decree of registration to corresponding RD; and
  13. Transcription of decree of registration in the registration book and issuance of owner’s duplicate original certificate of title (OCT) of applicant by RD, upon payment of prescribed fees. (Section 14-30, P.D. 1529)
40
Q

Application
Form of application for registration or judicial confirmation

A
  1. In writing;
  2. Signed by the applicant or person duly authorized in his behalf;
  3. Sworn to before an officer authorized to administer oaths for the province or city where the application was actually signed; and
  4. If there is more than one applicant, they shall be signed and sworn to by and in behalf to each.
41
Q

Document that must accompany the application

A

All muniments of titles and copies thereof with survey plan approved by Bureau of Lands must accompany the application.

42
Q

They are instruments or written evidence which the applicant holds / possesses to enable him to substantiate and prove title to his estate.

A

Muniments of title

43
Q

Within five days from the filing of the application for registration, the court shall issue an order setting the date and hour of initial hearing which shall not be earlier than 45 days nor later than 90 days from date of the order.

A

Publication

44
Q

Manner of giving notice

A
  1. Publication once in the Official Gazette and once in a newspaper of general circulation;
  2. Mailing of the notice to persons named in the application for registration and also to relevant government officials; and
  3. Posting of the notice on a conspicuous place on the land itself and on the bulletin board of the city or municipality where the land is situated.
45
Q

Opposition
Persons who may oppose the application for registration

A

Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing or within such further time as may be allowed by the court.

46
Q

Opposition
Procedure to oppose the application

A

The opposition shall state all the objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired and shall be signed and sworn to by him or by some other duly authorized person.
(P.D. No. 1529, Sec. 25)

47
Q

Requisites for a valid opposition

A
  1. The oppositor must have an interest in the land applied for;
  2. He should state the grounds for his objection as well as the nature of his claimed interest;
  3. He should indicate the desired relief;
  4. The opposition should be signed and worn to by him or his duly authorized representative.
48
Q

Issuance of Decree of Registration

A

Courts directs the LRA to issue a decree of registration and certificate of title within 15 days from entry of judgement. Land Registration proceedings becomes final 1 year from final decree of registration (incontrovertible).
1. Decree is entered and filed with the LRA.
2. OCT and owner’s duplicate certificate are sent to the Registry of Deeds where property is situated.
3. Register of deeds enters the information in his registration book.
4. Register of deeds sends notice by mail to owner that his duplicate is ready for delivery upon payment of legal fees.

49
Q

Acquisition of Title by Law

A
  • Patents based on Public Land Act
  • Title to Accretion in River banks
  • Reclamation
  • Title by Escheat
50
Q

How are public lands suitable for agricultural purposes disposed of?

A

Public lands suitable for agricultural purposes are disposed as follows:
1. Homestead settlement;
2. Sale;
3. Lease;
4. Confirmation of imperfect title or incomplete titles either by judicial or administrative Legalization;

51
Q

The applicant of homestead must be a “citizen of the Philippines over the age of 18 years, or the head of a family [.]” The applicant must prove compliance with the residency and cultivation requirements under Chapter IV of Public Land Act. Under the Constitution, only 12 hectares agricultural land of the public domain may be acquired through homestead.

A

Homestead Patent

52
Q

Governed by Chapter V of the Public Land Act

A

Sales Patent

53
Q

Requirements for Sales Patent

A
  • Must be a citizen of the Philippines who is of legal age or a head of the family.
  • The land must first be appraised before it can be sold through public bidding,
  • As an additional requirement, the purchaser must “have not less than one fifth of the land broken and cultivated within five years after the date of the award.”
  • The purchaser must also show “actual occupancy, cultivation, and improvement of at least one fifth of the land applied for until the date on which final payment is made” before the issuance of a sales patent.
  • Only 12 hectares of agricultural land of the public domain may be acquired through a sales patent.
  • The Public Land Act authorized domestic corporations to apply for sales patents over agricultural lands.
  • However, under the present Constitution, private corporations and associations can only lease agricultural lands.
54
Q

The third mode of disposition of agricultural lands of the public domain. The government can only award the right to lease through an auction, the procedure of which shall be the same as that prescribed for sales patents.

A

Lease

55
Q

How many percent must a land leased to be cultivated?

A

the lessee should have cultivated 1/3 of the land
“within 5 years after the date of the approval of the lease.”

56
Q

Limits of area for lease.

A

Under the Constitution - not more than 500 hectares of agricultural lands of the public domain
Private corporations and associates - maximum of 1,000 hectares of agricultural lands for a period of 25 years, renewable for another 25 years.

57
Q

The last mode of disposition either through judicial legalization or through administrative legalization.

Judicial legalization or judicial confirmation of imperfect or incomplete titles is governed by Section 48 of the Public Land Act, as amended by Republic Act No. 3872 and P.D. No. 1073.

A

Confirmation of Imperfect Title

58
Q

On the other hand, the grant of free patents is governed by Section 44, paragraph 1 of the Public Land Act, as amended by Republic Act No. 6940.

A

Note: When a free patent title is issued to an applicant and the sea water moves toward the estate of the title holder, the invaded property becomes part of the foreshore land. The land under the Torrens system reverts to the public domain and the title is annulled.

59
Q

R.A. No. 11231 - “Agricultural Free Patent Reform Act”
Section 3

A

Agricultural public lands alienated or disposed in favor of qualified public land applicants under Section 44 of C.A. 141, as amended, shall not be subject to restrictions imposed under Sections 118, 119, and 121 thereof regarding acquisitions, encumbrances, conveyances, transfers, or dispositions. Agricultural free patent shall now be considered as title in fee simple and shall not be subject to any restriction on encumbrance or alienation.

60
Q

Are the lands acquired under free patent or homestead provisions shall not be subject to encumbrance or alienation?

A

from the date of the approval of the application and for a term of 5 years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period, but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. No alienation, transfer, or conveyance of any homestead after 5 years and before 25 years after issuance of title shall be valid without the approval shall not be denied except on constitutional and legal grounds.

R.A. No. 11231 - “Agricultural Free Patent Reform Act”
Section 118

61
Q

R.A. No. 11231 - “Agricultural Free Patent Reform Act”
Section 119

A

Every conveyance of land acquired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of the conveyance.

62
Q

R.A. No. 11231 - “Agricultural Free Patent Reform Act”
Section 121

A

Except with the consent of the grantee and the approval of the Secretary of Natural Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership may acquire or have any right, granted under the free patent, homestead, or individual sale provisions of this Act or to any permanent improvement on such land.

63
Q

R.A. No. 11231 - “Agricultural Free Patent Reform Act”
The provisions of Section 124

A

The provisions of Section 124 of this Act to the contrary notwithstanding, any acquisition of such land, rights thereto or improvements thereon by a corporation, association, or partnership prior to the promulgation of this Decree for the purposes herein stated is deemed valid and binding; Provided, that no final decision of reversion of such land to the State has been rendered by a court; And Provided, further, that such acquisition is approved by the Secretary of Natural Resources within 6 months from the effectivity of this Decree.

64
Q

Homestead Patent
To whom granted?

A

To any Filipino Citizen over the age of 18 years or head of a family.

65
Q

Free Patent
To whom granted?

A

To any Natural Born Citizen of the Philippines

66
Q

Sales Patent
To whom granted?

A

Citizens of the Philippines of lawful age or such citizens not of lawful age who is head of a family may purchase public agricultural land of not more than 12 hectares.

67
Q

Special Patent
To whom granted?

A

To non-Christian Filipinos under Sec. 84 of the Public Land Act.

68
Q

Homestead Patent
Requirements

A
  1. Does not own more than 24 hectares of land in the Philippines or has not benefited from any gratuitous allotment of more than 24 hectares;
  2. Must have resided continuously for at least one year in the municipality where the land is situated;
  3. Must have cultivated at least 1/5 of the land applied for.
69
Q

Free Patent
Requirements

A
  1. Does not own more than 12 hectares of land;
  2. Has continuously occupied and cultivated, either by himself or his predecessors-in-interest tract/s of agricultural public land subject to disposition;
  3. The continuous occupation and cultivation must be for a period of at least 30 years before April 5, 1990, which is the date of effectivity of R.A. 6940; and
  4. Payment of real estate taxes on the land while it has not been occupied by other persons.
70
Q

Sales Patent
Requirements

A
  1. To have at least 1/5 of the land broken and cultivated within 5 years from the date of the award; and
  2. Shall have established actual occupancy, cultivation and improvement of at least 1/5 of the land until the date of such final payment.
71
Q

Special Patent
Requirements

A

Sec. of the DILG shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization.

72
Q

Requirements

A
73
Q

Proper action in case of improper or illegal issuance of patents

A
  • Reversion suits
  • Reclamation
74
Q

The objective of which is the cancellation of the certificate of title and the consequent reversions of the land covered thereby to the State.
Instituted by the Government through the Solicitor General

A

Reversion Suits

75
Q

Act of filling up of parts of the sea for conversion to land.

Note: It must be initially owned by the government. It may be subsequently transferred to private owners.

A

Reclamation

76
Q

Who may undertake reclamation projects?

A

Only the national government may engage in reclamation projects.

77
Q

To whom does a reclaimed area belong?

A

Under the Regalian Doctrine, the State owns all waters and land of the public domain, including those physically reclaimed.

Note: Pursuant to the Regalian Doctrine, all lands of the public domain belong to the state. Thus, possession of land of the public domain will not ripen into ownership.

78
Q

Actions Affecting Titles

A