Laws On Land Registration And Public Land Laws Flashcards
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
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 created, alienate, mortgaged or 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
Regalian Doctrine
Exception to the Regalian Doctrine
The Regalian Doctrine does not negate native title to lands held in private ownership since time immemorial.
Question:
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 alienable and disposable 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
Sur Robert Richard Torrens
The Philippines adopted the torrens system on ____, under Act No. 496 or the _
Jan. 1, 1903
The land registration Act
Is registration a mode of acquiring ownership?
Registration is not a mode of acquiring ownership but is merely a procedure to establish evidence of title over realty.
Which court has jurisdiction over land registration cases?
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.
XPNS: MTC have jurisdiction of cases involving
1. Lots without controversy or opposition; and
2. Contestes lots where the assessed value does not exceed 100,000
Mirror Doctrine
Title is sufficient to clain ownership
Modes of Ownership (civil code)
Occupancy
Law
Donation
Tradition
Intellectual Creation
Prescription
Succession
Modes of Acquisition
Public Grant
Acquisitive Prescription
Reclamation (RA 1899)
Acrretion
Voluntary (ex. Sale, donation)
Inheritance (Descent or devise)
*Involuntary (ex. Expropriation, escheat, levy)
Emancipation
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 donations, with the new owner being issued a Transfer Certificate of Title (TCT). subsequent All transfers shall be issued with Transfer Certificates.
Subsequent Registration
is 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.
Torrens certificate of title
Kinds of Torrens Certificate of Title
OCT
TCT
Patents
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 be stamped “Cancelled”.
Transfer Certificate of Title
only involve public lands which are alienated by the Government, pursuant to the Public Land Act.
Patents
KINDS OF ORIGINAL REGISTRATION
- Judicial/Voluntary/Ordinary filing with the proper court an application by the private individual himself, and
- Administrative/Involuntary/Cadastral compulsory registration initiated 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.
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 lands 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 = 10 years
-Extraordinary Prescription = 30 years - Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws; and
- Those who have acquired ownership of land by any other manner provided for by law. (ex. Escheat)
- Where the land is owned in common, all the co-owners shall file the application jointly
Who can register for lands?
Filipino Citizen
(Foreigners can own lands through succession)
Max area for a natural person for lease and for acquisition
Lease: not more 500 hectares
Acquire: not more than 12 has
May foreign corporations own public lands?
Private corporations or associations may not hold alienable lands of public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25 years, and not to exceed 1,000 hectares in area.
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.
What are Registrable Lands?
Private
Agricultural
Classification of the Public Dominion under the constitution
Agricultural
Forest/timber
Mineral
National Parks
Classifications of public domain under CA 141
Alienable and Disposable
Timberlands
Mineral Lands
Classification of Alienable and Disposable lands under CA 141
Agricultural
Residential, Commercial, Industrial
Educational, Charitable
Townsites, intended for public use and quasi-public use
Modes of Disposition (of agricultural lands)
Homestead
Sale
Lease
Confirmation of imperfect or incomplete title
They are instruments or written evidence which the applicant holds/possesses to enable him to substantiate and prove title to his estate
Muniments of title
Publication
Within __ 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 __ days nor later than __ days from date of the order.
five
45
90
PD 1529
Property Registration Decree
Issuance of Decree of Registration
Courts directs the LRA to issue a decree of registration and certificate of title within ___ days from entry of judgement. Land Registration proceedings becomes final 1 year from final decree of registration (incontrovertible).
15 days
ACQUISITION OF TITLE BY LAW
Patents based on Public Land Act
Title to Accretion in River banks
Reclamation
Title by Escheat
Requirements and Who may apply for Homestead Patents
Who may apply:
-Filipino Citizen (legal age or head of the family)
Requirements:
- must not have more than 24 has of land
- resided continuously for 1yr in the municipality where the land is situated.
- cultivated at least 1/5 of the land for 1 yr upon application
Under the Constitution, what is the maximum area of agricultural land of the public domain may be acquired through homestead?
12 hectares
Requirements and Who may apply for Sales patent?
Who may apply:
- Filipino (lawful age or head of the family)
Requirements:
-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 1/5 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 1/5 of the land applied for until the date on which final payment is made” before the issuance of a sales patent.
The government can only award the right to lease through an _____, the procedure of which shall be the same as that prescribed for sales patents.
auction
An inherent condition of the lease is that the lessee should have cultivated ___ of the land “within ___ years after the date of the approval of the lease.”
1/3
five
Requirements and Who may apply for Free Patent? (RA 11231)
Who may apply:
-natural-born Filipino
Requirements:
1. Does not own more than 12 hectares of land;
2. Has occupied continuously and cultivated, either by himself or predecessors-in- his interest tract/s of agricultural public land subject to disposition;
3. The occupation continuous and cultivation must be for a period of at least 30 years before April 15, 1990, which is the date of effectivity of Republic Act No. 6940; and
4. Payment of real estate taxes on the land while it has not been occupied by other persons
Kind of patent rewarded to non-christian Filipinos
Special Patent
The objective of which is the cancellation of the certificate of title and the consequent reversions of the land covered thereby to the State.
Reversion suits
Who institues reversion suits?
Solicitor General
is the act of filling up of parts of the sea for conversion to land.
Reclamation
Who may undertake reclamation projects?
A: Only the national government may engage in reclamation projects.
LGU of municipalities may also engage in reclamation projects (RA 1899)
Q: To whom does a reclaimed area belong?
A: Under the Regalian Doctrine, the State owns all waters and lands of the public domain, including those physically reclaimed.
Actions affecting titles
Attachment
Adverse Claim
Lis pendens
a writ issued commanding the sheriff to attach the property, rights, credits, or effects of the defendant to satisfy the demands of the plaintiff.
ATTACHMENT
filed for the purpose of warning all persons that the title to certain property is in litigation and that if they purchase the same, they are in danger of being bound by an adverse judgment The notice is, therefore, intended to be a warning to the whole world that one who buys the property does so at his own risk.
Notice of lis pendens
-when a person claims any part or interest in registered land adverse to the registered owner, after the date of original registration
Adverse Claim
The adverse claim shall be effective for a period of __ days from the date of registration and it may be cancelled
30
It is granted to the rightful owner of land which has been wrongfully or erroneously registered in the name of another to compel the latter to transfer or reconvey the land to him.
Action for Reconveyance
the manner through which the State seeks to revert land to the mass of public domain and is the proper remedy when public land is fraudulently awarded and disposed of in favor of private individuals or corporations
Action for reversion
A legal remedy in equity. A written instrument is made to conform to the real intention of the parties, where some error or mistake has been comitted
Reformation
Cleanses the contract from all its defect– making the contract valid. The action to annul is extinguished.
Ratification
Kinds of Action for Reconveyance
1.If based on fraud - filed within 4 years
2. If based on implied trust - filed within 10 yrs
3. based on express trust/void contracts - imprescriptible
4. Action to quiet title where plaintiff is in possession - Imprescriptible
is an outstanding claim or encumbrance which, if valid, would affect or impair the. title of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question. The remedy for removing a cloud on title is usually the means of an action to quiet title. (Black’s Law Dictionary, 6th Ed., 255)
cloud on title
Here, the government does not seek the registration of land in its name. The objective of the proceeding is the adjudication of title to the lands or lots involved in said proceeding. Furthermore, it is to serve public interest by requiring that the titles to the lands be settled and adjudicated. (Act. No. 2259, Sec. 1)
Cadastral land registration
It is where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest
Subsequent Registration
RA 26
Reconstitution of Lost or Destroyed Certificate of Title
When Original title with the registry of deeds got lost or destroyed; then ___ of the title would be necessary.
Reconstitution
Only the owner’s duplicate certificate got lost/destroyed and the copy at the Registar of Deeds is intact
Replacement
Done when in case of a substantial loss of titles In the Registry of Deeds
administrative reconstitution
Action taken in case the RD copy of the title is lost or destroyed
Judicial reconstitution
In the case case of substantial loss (___ of the total number of titles in possession) or destruction of land titles due fire, flood or other force majeure.
10%
Penalties for Fraudulent Reconstituted Titles
imprisonment for a period of not less than 2 years but not exceeding 5 years or the payment of a fine of riot less than 20,000 pesos but not exceeding 200,000 pesos or both at the discretion of the court.
conditional sale of personal property as security for the payment ef a debt, or the performance of some other obligation specified therein.
Chattel mortgage
REMEDIES OF AGGRIEVED PARTY
MOTION FOR NEW TRIAL -___ days from notice of judgement
15 days
REMEDIES OF AGGRIEVED PARTY
APPEAL-___ days from notice of judgement of new trial
15 days
REMEDIES OF AGGRIEVED PARTY
RELIEF FROM JUDGEMENT- ___ days after
petitioner learns of judgement, but not more than ___ after judgement was entered
60 days
6 months
REMEDIES OF AGGRIEVED PARTY
PETITION FOR REVIEW (based on actual fraud) to be filed within ___ from the issuance of decree by LRA
1 year
