RET Flashcards
What is the Regalian doctrine?
Regalian doctrine or jura regalia embodies the concept that all lands of the public domain and all other natural resources are owned by the State.
- The State is, by the Constitution, the owner of all lands belonging to the public domain, the waters, minerals, fisheries, forests and all natural resources therein.
Torrens system
The system of registration of transactions with interest in land the declared object of which is, under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer.
Key features of the Torrens system and what it seeks to ensure
- All encumbrances on the land or special estates in it shall be shown, or at least intimated (proclaimed), upon the certificate of title and a person dealing with the owner of the registered land is not bound to go beyond the certificate and inquire into transactions, the existence of which is not there intimated; but he is only charged with notice of the burdens on the property which are noted on the face of the register or on the certificate of title.
- The Torrens system seeks to ensure the efficacy and conclusiveness of the certificate of title. Assumption: A person in good faith shall hold the same free of all encumbrances,
Does the torrens system confer title?
No. The Torrens system was intended to guarantee the integrity and conclusiveness of the certificate of registration, but the system cannot be used for the perpetration of fraud against the real owner of the registered land.
Title vs Certificate of Title
“Title” — the lawful cause or ground of possessing that which is ours. It is the foundation of ownership of property, real or personal.
“Certificate of title” — mere evidence of ownership and is not the “Title” to the land itself.
Purpose of the Torrens System
The real purpose of the Torrens system is to quiet title to land; to put a stop forever to any question of the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent to it.
That being the purpose of the law, it would seem that once a title is registered, the owner may rest secure, without the necessity of waiting in the portals of the court, or sitting in the “mirador de su casa,” to avoid the possibility of losing his land.
When is a purchaser required to explore further than what is in the Torrens Title
- where the purchaser or mortgagee has knowledge of a defect or lack of title in his vendor;
- where he was aware of sufficient facts to induce a reasonably prudent man, to inquire into the status of the title of the property in litigation (ex. Alam mong may ibang nakatira); or
- where the purchaser is an investment and financing corporation which is presumed to be experienced in its business, with expertise in the mortgage and sale of registered land and with facilities not so limited as to prevent it from making a more careful examination of the land to assure itself that there are no unauthorized persons in possession of it.
Mirror Doctrine
The “Mirror doctrine” under the Torrens system echoes the doctrinal rule that every person dealing with registered land may safely rely on the correctness of the certificate of title issued for it and is no way obliged to go beyond its face. Under the Torrens system, a person who is dealing with a registered parcel of land need not go beyond the face of the title. A person is only charged with notice of the burdens and claims that are annotated on the title.
Curtain Principle
“Curtain principle” provides that one does not need to go beyond the certificate of title because it contains all the information about the title of its holder.
This principle dispenses with the need of proving ownership by long complicated documents kept by the registered owner which may be necessary under a private conveyancing system and assures that all the necessary information regarding ownership is on the certificate of title.
Exceptions to the curtain principle
- when the party has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make such inquiry; or
- when the purchaser has knowledge of a defect or the lack of title in his vendor or of sufficient facts to induce a reasonably prudent man to inquire into the status of the title of the property in litigation.
Chua vs. Republic - When good faith exists
- the seller is the registered owner of the land;
- the latter is in possession thereof; and
- at the time of the sale, the buyer was not aware of any claim or interest of some other person in the property, or of any defect or restriction in the title of the seller or in his capacity to convey title to the property.
To successfully invoke and be considered as a buyer in good faith, the presumption is that first and foremost, the “buyer in good faith” must have shown prudence and due diligence in the exercise of his/her rights. It presupposes that the buyer did everything that an ordinary person would do for the protection and defense of his/her rights and interests against prejudicial or injurious concerns when placed in such a situation. The prudence required of a buyer in good faith is not that of a person with training in law, but rather that of an average man who ‘weighs facts and circumstances without resorting to the calibration of our technical rules of evidence of which his knowledge is nil.’ A buyer in good faith does his homework and verifies that the particulars are in order — such as the title, the parties, the mode of transfer and the provisions in the deed/contract of sale, to name a few.
Domingo vs. CA - Precautionary Measures
(1) Verifying the origin, history, authenticity, and validity of the title with the Office of the Register of Deeds and the Land Registration Authority
(2) Engaging the services of a competent and reliable geodetic engineer to verify the boundary, metes, and bounds of the lot subject of said title based on the technical description in the said title and the approved survey plan in the Land Management Bureau
(3) Conducting an actual ocular inspection of the lot
(4) Inquiring from the owners and possessors of adjoining lots with respect to the true and legal ownership of the lot in question
(5) Putting up of signs that said lot is being purchased, leased, or encumbered
(6) Undertaking such other measures to make the general public aware that said lot will be subject to alienation, lease, or encumbrance by the partie
Ownership rights over public lands; how acquired; exception
GR: Ownership rights over public lands may be acquired from the government either by purchase or grant. Otherwise, lands that were not so acquired shall be presumed to belong to the public domain in accordance with the Regalian doctrine.
XPN: Any land that should have been in the possession of an occupant and of his predecessors in interest since time immemorial, for such possession would justify the presumption that the land had never been part of the the Spanish rule and had been a private property even before Spanish conquest.
Imperfect title defined
the right to a grant of an alienable and disposable (A&D) land of the public domain acquired by an individual by operation of law.
How is imperfect title acquired
An imperfect title can only be acquired
- by occupation and possession of the land
- by a person and his predecessors-in-interest
- for the period required and
- considered by law sufficient as to have segregated the land from the mass of public land.
Who may apply for property under PD 1529
“(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 lands of the public domain not covered by existing certificates of title or patents under a bona fide claim of **ownership for at least twenty (20) years ** immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. They shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under this section.
“(2) Those who have acquired ownership of private lands or abandoned riverbeds by right of accession or accretion under the provisions of existing laws.
“(3) Those who have acquired ownership of land in any other manner provided for by law.
Requisites for the filing of application under Sec. 14(1):
- That the property is an agricultural land of the public domain;
- That it has been classified by a positive act of government as alienable and disposable (A and D);
- That the applicant, by himself through his predecessors-in-interest, has been in open, continuous, exclusive, and notorious possession and occupation of the land in the concept of owner (OCEN-PO); and
- That such possession and occupation is under a bona fide claim of ownership since June 12, 1945 or earlier OR 20 years immediately preceding the filing of the application.
The present rule is that an application for original registration must be accompanied by:
(1) a CENRO or PENRO Certification; and
(2) a copy of the original classification approved by the DENR secretary and a true copy by the legal custodian of the official records.
OCEN PO Defined
The word “occupation” serves to highlight the fact that for an applicant to qualify, his possession must not be a mere fiction.
Actual possession of a land consists in the manifestation of ACTS OF DOMINION over it of such a nature as a party would naturally exercise over his own property.
- OPEN – patent, visible, not clandestine
- CONTINUOUS – uninterrupted, unbroken, not occasional
- EXCLUSIVE – possessor can show exclusive dominion over the land and can appropriate it for his own use and benefit
- NOTORIOUS – known and talked of by the public or the people in the neighborhood
Attachments to application under section 14
- Full size print copy of survey plan duly approved by the Regional Technical Director, Land Management Service of the DENR, certified as true copy by the Branch Clerk of Court. (All bearings, distances and the technical descriptions of the land appearing on the plan must be legible);
Clear copy of the accompanying **technical description ** certified as true copy by the Branch Clerk of Court;
Copy of the latest tax declaration and / or tax assessment;
Geodetic Engineer’s Certificate on the approved plan or Certification in lieu of Geodetic Engineer’s Certificate issued by the Regional Technical Director concerned;
Proof of payment of the publication fee by way of official receipt, the case number and name of applicant indicated therein.
Pursuant to the NPO Memorandum Circular No. 01-13 dated Dec. 4, 2013, publication fee now costs P2,000.00 for one lot plus P650.00 per additional lot.
Who may apply for a residential free patent
- Filipino Citizens
- Actual occupation, actual residence, and continuous possession and occupation of the parcel subject of the application, either by the applicant himself or through his predecessor-in-interest, under a bona fide claim of acquisition of ownership, for at least ten (10) years prior to the filing of the application.
Area limitations ion RFP
- HUC – 200 sqm.
- Other Cities - 500 sqm.
- 1st and 2nd class municipalities – 750 sqm
- Other municipalities – 1000 sqm
Other limitations on RFP
If total landholdings would exceed an accumulated twelve (12) hectares, including agricultural lands
The law and its IRR cover all residential lands that have been identified and zoned as residential areas, including townsites as defined under the Public Land Act (CA 141, as amended), through the appropriate ordinance of the LGU concerned, provided that the land applied for is not needed for public service and/or public use
Procedure for RFP
- LGU - zoning and not reserved for public or
private use - CENRO-PENRO - request in a form of a
letter, include documents showing land is
applied for and certification of the status of
land - Fill out the application form which need not
be filed in the court. - Attachments to applications
a. copy of approval, tech description,
sketch of land - DENR Charter checklist for application of
land - Posting of notice 15D - issue cert of posting
- Verfication and approval
- Forward to PENRO
- Penro — aprrove forward to RD, disapprove
— remand to CENRO and 15D to notify
applicant
Requirements for application of RFP
Section 5. Requirements for applications. - The application form accompanied application by the requirements enumerated below shall constitute an accomplished application for the issuance of free patents for residential lands.
5.1 Copy of approval plan based on an actual survey conducted by a licensed geodetic engineer or copy of cadastral map showing the parcel of land applied for. For purpose of securing the approval of a survey, the application number is not necessary.
5.2 Copy of technical description of the parcel of land subject of the application. LMB form 700-2A or LMB form 700-2B may be used.
5.3 Simplified sketch of the land parcel showing the adjacent lots, corners and natural or manmade features that defined the boundaries of the land
5.4 Affidavit of two (2) disinterested persons residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the subject land for at least ten (10) years
5.5 For isolated applications, a certification from the Regional Trial Court that there is no pending land registration case involving the land parcel being applied for.
