Preliminary Flashcards
(38 cards)
🟢Introduction🟢
what is a “Land Title”
evidence of owner’s right or extent of interest, by which he can maintain control and as a rule, assert right to the exclusive possession and enjoyment of property
ways to register land
- judicial
a. voluntary (ordinary)
b. compulsory (cadastral) - administrative
registration > judicial > distinguish ordinary & cadastral
ordinary - initiated by private person
cadastral - by the State
registration > administrative agencies
DENR
DAR
NCIP (national commission for indigenous people)
Types of Certificate of Title >
first title ussied by the RD registered under the Torrens system by judicial or administrative proceeding
Original Certificate of Title
Types of Certificate of Title >
titled issued by RD in favor of a transferee. Contains original and owner’s duplicate certificate
TCT
what is a torrens title?
a Cert of Ownership under the torrens system thru the RD naming & declaring the owner of real property, free from ALL liens & encumbrances Except expressly noted or reserved by law otherwise
🟢GOVERNING LAW🟢
enumerate primary sources of legislation governing registration of private lands and lands of public domain in the Philippines
- Public Land Act (CA 141)
- Property Registration Decree ( PD 1529)
- Cadastral Act (2259)
- Indigenous Peoples Rights Act (8371)
Governing Law >
Governing Law >
What PD 1529 or Property Registration Decree
A codification of all laws relative to registration of property & supersedes all other laws relative to registration of property
Governing Law >
Act 2259 or Cadastral Act
Requires title to any lands be titled & adjudicated and has provisions have been carried over to the PRD (1529)
Governing Law >
Indigenous Peoples right ACt (IPRA)
recognizes rights of ownership & possession of indigenous cultural communities (ICC) or indigenous people (IP) to their ancestral domains and their ancestral lands.
for purposes of registartion, IPRA converts ancestral lands into public agricultural lands and members of ICC shall have the option to secure title to their ancestral lands under the provisions of PLA (141)
🟢REGISTRATION OF LAND TITLES AND FUNCTIONS OF REGISTRATION🟢
3 major functions of registration
1.
2.
3.
Modes of Registration
1.
2.
Attributes of a title issued under Torrens title
1.
2.
3.
attribute of torrens title > indefeasibility
mr. A fraudulently acquired title to property but B wants to challenge it but A raises up that a torrens title is indefeasibile and cannot be challenged. is the contention correct?
No,
Baguio v. Republic (1999)
Indefeasibility of a title does not attach to titles secured by fraud and misrepresentation
attribute of torrens title > incontrovertibility
can tax declarations and tax receipts prevail over a certificate of title?
No,
Sampaco v. Lantud (2011)
tax dec and tax receipts cannot prevail over a certificate of title which is an incontrovertible proof of ownership
relevance of res judicate in land cases
A final judgment in an ordinary civil case determining the ownership of land is res judicata in a registration proceeding where the parties and the property are the same as in the former case.
Requisites of Res Judiciata
- former judgment must be final
- must have been rendered by a court having JD
- a judgment on the merits
- there must be identity of parties, SM, and CoA
🟢LEGAL BASIS & NATURE OF LAND REGISTRATION🟢
thru JP, define the Regalian Doctrine
[note]
provides that all lands whatever classification and other natural resources not appearing to be within private ownership are PRESUMED to belong to the State
consistent with (Art. 12, Sec. 2, 1987 Consti)
thru JP, distinguish priority rights and ownership rights
IPRA sec 57
“The ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains”
Cruz. Sec. of DENR
Doctrine: Priority means giving preference
Having priority rights over the natural resources does not necessarily mean ownership rights.
The grant of priority rights
implies that there is a superior entity that owns these resources and this entity has the power to grant preferential rights over the resources to whosoever itself chooses
In the Indigenous People’s Rights Act (IPRA) where it provides in sec. 7(a):
“Right of Ownership. — The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains;”
is it violative of the Constitution’s provision enshrined in Art. 12 Sec. 2
” All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State…” [Regalian Doctrine]
No, IPRA does not grant ownership over natural resources. The right of ICC/IPs includes ownership in the sense that it is defined and limited in Sec 7(a)
IPRA only provides them a limited ownership –utilization of resources in their AD which does NOT include right to dispose/transfer
To prove ownership over ancestral lands, the IP commission will issue a certificate of ancestral land title (CALT) caDomaint (CADT) for domain
IPRA says there should be registration because CALT/DT is proof of grant by the IPRA to the IPs and ICCs
IPRA > distinguish
ancestral lands
ancestral domains
LB: RA 8371 Sec 3(a)(b)
[AD]
- owned as a community like forests, hunting grounds
- refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since
time immemorial, continuously to the present
[AL]
- where they actually build houses
- land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present
X, an indigenous person, was issued a Certificate of Ancestral Land Title (CALT) over a parcel of land rich in natural resources. Desiring to sell the land, X approached the Register of Deeds (RD) and submitted the CALT to facilitate the transfer to Y Corporation, a large company interested in the land’s natural resources. Without availing of the proper judicial or administrative proceedings, the RD accepted the CALT, canceled it, and issued a Transfer Certificate of Title (TCT) in favor of Y Corporation.
Rule
The transfer is void because the CALT is not a torrens title and the transfer using this certificate should not lead to the issuance of the TCT
When availing of the judicial/administrative, the RD should issue a OCT
