Land Registration 1 Flashcards
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.
Registration
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.
Title
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.
Deed
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)
Regalian Doctrine
To prove that the subject property is alienable and disposable land of the public domain, applicant must:
- Present a Community Environment and Natural Resources Office Certificate (CENRO);
- Prove that the DENR Secretary had approved the land classification and released the land of the public domain as A&D; and
- 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.
The Regalian Doctrine does not negate ______ to lands held in private ownership since time immemorial.
Native Title
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?
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.
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).
Native Title
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.
Sir Robert Richard Torrens
When was the Torrens System adopted?
November 6, 1902
What act is the basis of the Torrens System adopted?
Act No. 496 or “The Land Registration Act”
The following are the purpose of Registration under Torrens System
- To quiet title to land;
- To establish and certify to the ownership of an absolute and indefeasible title to realty, and to simply its transfer;
- To guarantee the integrity of land titles, and to protect their indefeasibility once the claim of ownership is established and recognized;
- To put a stop forever to any question of the legality of the title;
- To minimize conflicting claims and stabilize land ownership;
- To relieve the land of burden of known, as well as unknown claims; and
- To decree land titles that shall be final, irrevocable, and indisputable.
Which court has jurisdiction over land registration cases?
GR
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.
2 Types of Land Registration
(1) Original Registration
(2) Subsequent Registration
When an Original Certificate of Title (OCT) has been issued to an owner by the Register of Deeds for the first time.
Original Registration
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.
Subsequent Registration
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
Torrens Certificate of Title
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.
Original Certificate of Title
Subsequent certificate of title pursuant to any deed of transfer or conveyance to another person. The previous certificate shall stamped “Cancelled”.
Transfer Certificate of Title
Only involve public lands which are alienated by the Government, pursuant to the Public Land Act.
Patents
2 Kinds of Original Registration
- Judicial / Voluntary / Ordinary
- Administrative / Involuntary / Cadastral
Filing with the proper court an application by the private individual himself
Judicial / Voluntary / Ordinary
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.
Administrative / Involuntary / Cadastral
Who may apply for registration?
- 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
- Those who have acquired ownership over private lands by prescription under the provisions of existing laws;
*Ordinary Prescription
*Extraordinary Prescription - 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
- Those who have acquired ownership of land by any other manner provided for by law.
- Where the land is owned in common, all the co-owners shall file the application jointly.
Those who have acquired ownership over private lands by prescription under the provisions of existing laws.
Under Ordinary Prescription
10 years
Those who have acquired ownership over private lands by prescription under the provisions of existing laws.
Under Extraordinary Prescription
30 years
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.
Ownership of abandoned river beds by right of accession
(Exception)
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.
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.
Ownership by right of accretion along river banks
Ownership by right of accretion along river banks
The o
Ownership by right of accretion along river banks
The o
Constitutional Requirements and Limitations
- Natural Persons
a. Filipino Citizen
b. If for lease
c. If for acquisition (purchase, homestead, grant)