VI. LAND TITLES AND DEEDS Flashcards
VI. LAND TITLES AND DEEDS
B. Nationality Restrictions on Land Ownership (1987 CONST., art. XII, secs. 7-8)
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Article XII, Section 7
Key Points:
1. Ownership Restrictions:
- Only Filipino citizens or corporations at least 60% owned by , Filipinos may acquire private lands.
- This restriction ensures that control over land remains with Filipinos, safeguarding national sovereignty and economic interests.
-
Exceptions:
- Natural-born citizens of the Philippines who have lost their citizenship may still acquire private lands, subject to limitations provided by law.
- This provision allows former Filipinos to retain ties to their homeland and invest in the country.
Example:
A foreign corporation wants to purchase land in the Philippines for a business venture. Under Section 7, this is not allowed unless the corporation is at least 60% Filipino-owned. However, a natural-born Filipino who became a U.S. citizen can still buy land, provided they comply with specific legal limitations.
Article XII, Section 8
Key Points:
1. Prohibition on Transfer of Lands:
- Lands of the public domain and private lands cannot be transferred to non-Filipino individuals, corporations, or associations, except in cases of hereditary succession.
- This provision prevents the alienation of land to foreigners, ensuring that land ownership remains with Filipinos.
-
Hereditary Succession:
- The only exception to the prohibition is through hereditary succession, where land can be inherited by foreign heirs.
- This allows for the natural transfer of property within families, even if some members are non-Filipinos.
Example:
A Filipino landowner passes away, leaving their property to their children, one of whom is a foreign citizen. Under Section 8, the foreign child can inherit the land through hereditary succession, despite the general prohibition on land transfers to non-Filipinos.
SUMMARY:
Article XII, Section 7:
- Ownership Restrictions: Only Filipinos or majority Filipino-owned corporations can acquire private lands.
- Exceptions: Natural-born Filipinos who lost citizenship can acquire land, subject to legal limits.
Article XII, Section 8:
- Prohibition on Transfer: Public and private lands cannot be transferred to non-Filipinos, except through hereditary succession.
- Hereditary Succession: Allows foreign heirs to inherit land from Filipino relatives.
These provisions are designed to protect Filipino ownership and control over land, ensuring that the country’s natural resources remain in the hands of its citizens. They balance national interests with the rights of former Filipinos and heirs, maintaining a connection to the homeland while safeguarding sovereignty.
VI. LAND TITLES AND DEEDS
A. Regalian Doctrine (1987 CONST., art. XII, sec. 2)
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Regalian Doctrine under the Philippine Constitution are as follows:
- State Ownership of Natural Resources:
The Regalian Doctrine enshrines the principle that all lands of the public domain, waters, minerals, coal, petroleum, and other natural resources in the Philippines are owned by the State. This is explicitly stated in Section 2, Article XII of the 1987 Philippine Constitution. - Inalienability of Natural Resources:
With the exception of agricultural lands, the Constitution prohibits the alienation or transfer of ownership of all other natural resources to private entities. The State retains ownership and control over these resources. - State Control and Supervision:
The exploration, development, and utilization of natural resources are under the full control and supervision of the State. This ensures that the exploitation of these resources is regulated and monitored by the government. - Modes of Resource Utilization:
The State may directly undertake the exploration, development, and utilization of natural resources, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens or corporations/associations that are at least 60% owned by Filipino citizens. - Time Limitations on Agreements:
Any agreements entered into by the State for the utilization of natural resources, such as co-production or joint venture agreements, shall not exceed a period of 25 years, renewable for another 25 years. - Exception for Water Rights:
The Constitution makes an exception for water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, where beneficial use may be the measure and limit of the grant.
Example:
In the case of mining operations, the Regalian Doctrine applies. The State owns all mineral resources in the country, and private entities can only acquire rights to explore, develop, and utilize these resources through agreements with the government, such as mineral production-sharing agreements (MPSAs). These agreements are subject to the time limitations and other conditions set forth in the Constitution and relevant laws, such as the Philippine Mining Act.
The Regalian Doctrine aims to ensure that the State retains control and ownership over the country’s natural resources and that their exploitation is regulated and monitored for the benefit of the Filipino people.
VI. LAND TITLES AND DEEDS
C. Registry of Property (Civil Code, arts. 708-711)
Record of acts & contracts related to Land
Summary and Explanation of Key Points
Article 708: Purpose of the Registry of Property
The Registry of Property is intended for the inscription or annotation of acts and contracts related to the ownership and other rights over immovable property.
Example: If Juan sells his house to Maria, the sale (act) is inscribed in the Registry of Property to officially record Maria’s ownership.
Article 709: Effect of Non-Inscription
Titles of ownership or other rights over immovable property that are not inscribed or annotated in the Registry of Property do not affect third parties.
Example: If Juan sells his house to Maria but does not register the sale, and later sells the same house to Pedro who registers it, Pedro’s registered ownership will be recognized over Maria’s unregistered claim.
Article 710: Public Access to Registry Books
The books in the Registry of Property are public for those with a legitimate interest in determining the status of immovable properties or real rights annotated or inscribed therein.
Example: Pedro, considering buying a piece of land, can access the Registry of Property to verify if there are any existing mortgages or claims on the land.
Article 711: Governing Laws for Inscription
The Mortgage Law, the Land Registration Act, and other special laws govern the determination of titles subject to inscription or annotation, the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the registry books, and the value of the entries.
Example: If Maria wants to register a mortgage on her property, she must follow the procedures outlined in the Mortgage Law and the Land Registration Act, which dictate how the mortgage should be inscribed and annotated in the Registry of Property.
Illustrative Examples
Article 708 Example:
- Scenario: Juan sells his house to Maria.
- Action: The sale is inscribed in the Registry of Property.
- Result: Maria’s ownership is officially recorded, ensuring her rights are protected.
Article 709 Example:
- Scenario: Juan sells his house to Maria but does not register the sale. Later, he sells the same house to Pedro, who registers it.
- Action: Pedro registers his purchase in the Registry of Property.
- Result: Pedro’s registered ownership is recognized over Maria’s unregistered claim, protecting Pedro as a third party.
Article 710 Example:
- Scenario: Pedro is interested in buying land from Maria.
- Action: Pedro accesses the Registry of Property to check for any existing claims or mortgages on the land.
- Result: Pedro finds that the land is free of encumbrances and proceeds with the purchase, ensuring his investment is secure.
Article 711 Example:
- Scenario: Maria wants to register a mortgage on her property.
- Action: Maria follows the procedures outlined in the Mortgage Law and the Land Registration Act to inscribe the mortgage in the Registry of Property.
- Result: The mortgage is properly annotated, ensuring that any future buyers or interested parties are aware of the mortgage.
These articles collectively ensure that property transactions are transparent, legally recognized, and accessible to interested parties, thereby protecting the rights of property owners and third parties.
VI. LAND TITLES AND DEEDS
D. Torrens System; Certificate of Title (P.D. No. 1529, secs. 39 and 44)
Key points regarding the rules on the preparation of the decree and certificate of title after a judgment directing the registration of title to land has become final:
- Time Limit for Court Order: After the judgment directing the registration of title to land has become final, the court has 15 days from the entry of judgment to issue an order directing the Commissioner to issue the corresponding decree of registration and certificate of title.
- Transmission of Documents: The clerk of court must send certified copies of the judgment, the court order directing the Commissioner to issue the decree and certificate of title, and a certificate stating that the decision has not been amended, reconsidered, nor appealed, and has become final, within 15 days from the entry of judgment.
- Preparation of Decree and Certificate of Title: Upon receiving the necessary documents, the Commissioner shall cause the preparation of the decree of registration, as well as the original and duplicate of the corresponding original certificate of title.
- Content of Certificate of Title: The original certificate of title shall be a true copy of the decree of registration.
- Signing and Filing: The decree of registration shall be signed by the Commissioner and entered and filed in the Land Registration Commission. The original of the original certificate of title shall also be signed by the Commissioner.
- Transmission to Register of Deeds: The original of the original certificate of title, along with the owner’s duplicate certificate, shall be sent to the Register of Deeds of the city or province where the property is situated for entry in the registration book.
Example:
Suppose John filed a case to register the title to a parcel of land he inherited from his parents. After a court trial, the judgment directing the registration of title in John’s name became final. Within 15 days from the entry of judgment, the court would issue an order directing the Commissioner to issue the decree of registration and certificate of title. The clerk of court would then send the necessary documents to the Commissioner within 15 days.
The Commissioner would then prepare the decree of registration and the original and duplicate of the original certificate of title, with the original certificate being a true copy of the decree. The Commissioner would sign the decree and the original certificate of title, file the decree in the Land Registration Commission, and send the original certificate of title and the owner’s duplicate to the Register of Deeds in the city or province where the land is located for entry in the registration book.
This process ensures the proper issuance and recording of the certificate of title after a final judgment directing the registration of title to land.
The key points regarding statutory liens affecting title are as follows:
- General Rule: A registered owner receiving a certificate of title, and every subsequent purchaser taking the certificate for value and in good faith, shall hold the land free from all encumbrances except those noted on the certificate itself.
- Exceptions: However, there are certain statutory liens or encumbrances that may subsist even if not noted on the certificate of title:a. Liens, claims, or rights arising under Philippine laws and the Constitution, which are not required by law to be recorded in the Registry of Deeds to be valid against subsequent purchasers or encumbrancers.b. Unpaid real estate taxes levied and assessed within the two years immediately preceding the acquisition of rights over the land by an innocent purchaser for value. However, the government can still collect taxes payable before that period from the delinquent taxpayer.c. Public highways, private ways, government irrigation canals, or laterals thereof, if the certificate of title does not state that their boundaries have been determined.d. Any disposition or limitation on the use of the property by virtue of, or pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform.
Examples:
a. If a property is subject to a statutory lien for unpaid income taxes, which is not required to be recorded in the Registry of Deeds, this lien may still subsist even if not noted on the certificate of title.
b. If a property is traversed by a public highway or irrigation canal, and the certificate of title does not specify the boundaries of these, their existence would still be an encumbrance on the title, even if not noted.
c. If a property is subject to agrarian reform laws or regulations, any limitations or dispositions imposed by these laws would still affect the title, even if not noted on the certificate.
The purpose of these exceptions is to ensure that certain statutory liens, claims, or rights arising from laws and regulations are not extinguished or rendered invalid simply because they are not noted on the certificate of title. These exceptions protect the interests of the government, public entities, and the application of certain laws and regulations, even against innocent purchasers for value.
VI. LAND TITLES AND DEEDS
E. Original Registration
1. Who May Apply – P.D. No. 1529, secs. 14, as amended by R.A. No. 11573;
C.A. No. 141, as amended; R.A. No. 8371, sec. 12
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The key points regarding the rules on who may apply for original registration of title to land are as follows:
- Eligible Applicants:
a. Those who have been in open, continuous, exclusive, and notorious possession and occupation of
ALIENABLE and
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public lands for at least 20 years, under a bona fide claim of ownership.
b. Those who have acquired ownership of private lands or abandoned riverbeds through accession or accretion under existing laws.
c. Those who have acquired ownership of land in any other manner provided by law. - Joint Application for Co-Owners: Where the land is owned in common, all co-owners must file the application jointly.
- Application by Vendor a Retro: In case of a sale with a pacto de retro (right of redemption), the vendor a retro (seller) may file for original registration. However, if the redemption period expires during the proceedings, the vendee a retro (buyer) will be substituted as the applicant.
- Application by Trustee: A trustee may apply for original registration of any land held in trust, unless prohibited by the trust instrument.
- Land Area Limit: The application for original registration is limited to lands not exceeding 12 hectares.
Examples:
a. Juan has been occupying and cultivating a portion of public land for the past 25 years, believing he owns it. He can apply for original registration of title to that land, as he meets the 20-year possession requirement under a bona fide claim of ownership.
b. Maria inherited a private parcel of land from her parents, but the land has no existing certificate of title. She can apply for original registration of title to that land, as she acquired ownership through inheritance, which is a mode recognized by law.
c. A river changed course, and a portion of the riverbed became part of Pedro’s adjacent land through accretion. Pedro can apply for original registration of title to the accreted portion, as he acquired ownership through accretion under existing laws.
d. Liza and her siblings jointly own an undivided parcel of land. They must file a joint application for original registration of title to that land, as it is owned in common by co-owners.
e. Carlos sold a piece of land to Juana with a pacto de retro (right of redemption). During the pendency of Juana’s application for original registration, the redemption period expired. Juana will then be substituted as the applicant, and the proceedings will continue in her name.
The rules aim to provide a legal framework for individuals to obtain certificates of title for lands they have acquired or possessed under various circumstances, subject to certain conditions and limitations, such as the 12-hectare limit and the requirement for joint applications by co-owners.
VI. LAND TITLES AND DEEDS
E. Original Registration
- Decree of Registration – P.D. No. 1529, sec. 31
Based on the rules provided, here are the key points regarding the decree of registration:
- Issuance and Signing: The decree of registration is issued by the Commissioner and must bear the date, hour, and minute of its entry. It must be signed by the Commissioner.
- Marital Status and Ownership: The decree must state whether the owner is married or unmarried, and if married, the name of the spouse. If the land is conjugal property (owned by both spouses), the decree must be issued in the names of both spouses.
- Disability or Minority: If the owner is under any disability, the nature of the disability must be stated. If the owner is a minor, their age must be stated.
- Land Description: The decree must contain a description of the land as finally determined by the court.
- Estate and Encumbrances: The decree must set forth the estate of the owner, as well as any particular estates, mortgages, easements, liens, attachments, tenant-farmer rights, or other encumbrances on the land or owner’s estate, showing their relative priorities.
- Binding Effect: The decree of registration binds the land and quiets the title, subject only to exceptions or liens provided by law.
- Conclusive Effect: The decree is conclusive upon and against all persons, including the National Government and all its branches, whether mentioned by name in the application or notice or included in the general description “To all whom it may concern”.
Examples:
a. If John and Jane are married, and the land adjudicated by the court is their conjugal property, the decree of registration will be issued in the names of both John and Jane.
b. If Maria is a minor aged 16 and the sole owner of the land, the decree will state her age as 16.
c. If Pedro has a mortgage on the land, the decree will list the mortgage and its priority among any other encumbrances on the property.
d. If the land has an existing easement for a public utility line, the decree will mention the easement and its relative priority.
e. The decree of registration will bind the land and quiet the title, subject only to exceptions or liens provided by law, such as unpaid real estate taxes or public highways.
The decree of registration serves as the final and conclusive document that establishes the ownership, estate, and encumbrances on the registered land, binding all parties and quieting the title, subject to certain legal exceptions.
VI. LAND TITLES AND DEEDS
E. Original Registration
- Review of Decree of Registration – P.D. No. 1529, sec. 32
Based on the rules provided, here are the key points regarding the
finality and INCONTROVERTIBILITY
of the decree of registration:
- Non-Reopening Due to Absence, Minority, or Disability: The decree of registration cannot be reopened or revised due to the absence, minority, or other disability of any person adversely affected by it.
- No Reversal by Court Proceedings: The decree of registration cannot be reversed by any proceeding in any court for reversing judgments.
- Exception for Actual Fraud: However, any person, including the government and its branches, who has been deprived of land or any estate or interest therein by the adjudication or confirmation of title obtained through actual fraud, has the right to file a petition for reopening and review of the decree of registration.
- Time Limit for Petition: The petition for reopening and review must be filed in the proper Court of First Instance within one year from the date of entry of the decree of registration.
- Protection for Innocent Purchasers: The petition for reopening and review shall not be entertained by the court if an innocent purchaser for value has acquired the land or an interest therein, whose rights may be prejudiced. The term “innocent purchaser for value” includes an innocent lessee, mortgagee, or other encumbrancer for value.
- Incontrovertibility After One Year: Upon the expiration of the one-year period, the decree of registration and the certificate of title issued shall become incontrovertible.
- Remedy for Damages: Any person aggrieved by the decree of registration in any case may pursue their remedy by an action for damages against the applicant or any other persons responsible for the fraud.
Examples:
a. If a decree of registration was obtained through actual fraud by misrepresenting ownership of the land, the true owner can file a petition for reopening and review within one year from the entry of the decree.
b. If a minor was adversely affected by a decree of registration, their minority cannot be used as a ground to reopen or revise the decree after it has been issued.
c. If an innocent purchaser for value acquired the land after the decree of registration was issued, any subsequent petition for reopening and review filed by an aggrieved party shall not be entertained by the court to protect the rights of the innocent purchaser.
d. After the one-year period has expired, the decree of registration and the certificate of title become incontrovertible, meaning they cannot be challenged or disputed, except through an action for damages against those responsible for any fraud.
The rules aim to balance the finality and incontrovertibility of the decree of registration with the protection of rights in cases of actual fraud, while also safeguarding the interests of innocent purchasers for value who acquire the land or interests therein in good faith.
VI. LAND TITLES AND DEEDS
E. Original Registration
- Innocent Purchaser for Value; Rights – P.D. No. 1529, sec. 32
Whenever the phrase “innocent purchaser for value” or an equivalent phrase occurs in this Decree, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrancer for value.
VI. LAND TITLES AND DEEDS
F. Confirmation of Imperfect Titles (R.A. No. 11573)
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Purpose: Confirmation of imperfect titles is typically a process to FORMALLY RECOGNIZE and legalize ownership of land that has been OCCUPIED and USED for a long time, but LACKS proper documentation.
Objectives:
- Simplify and update land titling processes.
- Ensure clarity and consistency in interpreting land laws.
- Provide security of land tenure through continued judicial and administrative titling.
Changes for Applying for Confirmation of Imperfect Titles:
-
Agricultural Free Patents (Commonwealth Act No. 141):
- Qualifications remain largely unchanged:
- Filipino citizen.
- No ownership of more than 12 hectares.
- At least 20 years of continuous occupation and cultivation of the land.
- Payment of real estate tax.
- Streamlined processing timelines are introduced for applications.
- Qualifications remain largely unchanged:
-
Judicial Confirmation (Presidential Decree No. 1529):
- Qualifications remain similar:
- At least 20 years of open, continuous, exclusive, and notorious possession.
- Bona fide claim of ownership.
- Land must be alienable and disposable.
- Proof of the land being alienable and disposable is simplified:
- A signed certification by a designated DENR geodetic engineer is sufficient.
- The certification is imprinted on the applicant’s survey plan.
- Penalties for fraudulent practices are increased for:
- Geodetic engineers creating false maps.
- DENR officials approving such maps.
- Qualifications remain similar:
Overall Impact:
These changes aim to make the process of confirming imperfect titles to land in the Philippines more efficient and less prone to errors. They also aim to deter fraudulent practices through stricter penalties.
VI. LAND TITLES AND DEEDS
G. Subsequent Registration (P.D. No. 1529, secs. 51-53)
1. Voluntary Dealings – P.D. No. 1529, secs. 55-59
Voluntary dealings in land registration typically refer to transactions or actions that involve the WILLING Participation of the LandOwner, such as:
Conveyances: The voluntary transfer of land ownership from one party to another, as mentioned in Section 57 (not provided in the given text, but referenced in your previous query).
Subdivision of land: When an owner decides to divide their land into smaller portions, as alluded to in Section 58 (also not provided in the given text, but referenced in your previous query).
Filing of applications: The act of applying for land registration or agricultural free patents, as described in Sections 44 and 45 of the amended Commonwealth Act No. 141.
Petitions for confirmation of claims: As outlined in Section 48 of the amended Commonwealth Act No. 141, where citizens can file petitions to confirm their claims on public domain lands.
Applications for registration of title: As described in the amended Section 14 of Presidential Decree No. 1529, where individuals can apply for registration of title to land.
These actions are considered voluntary because they are initiated by the landowner or claimant, as opposed to involuntary dealings which might include government expropriation or court-ordered transfers.
Section 55: Grantee’s Name, Nationality, etc., to be Stated
- Requirements for Deeds: Every deed or voluntary instrument presented for registration must include the full name, nationality, residence, and postal address of the grantee or person acquiring an interest. If married, the full name of the spouse must also be stated.
- Corporations and Associations: If the grantee is a corporation or association, the document must show that it is legally qualified to acquire private lands.
- Changes in Address: Any change in residence or postal address must be endorsed by the Register of Deeds on the original certificate of title upon receiving a sworn statement of such change.
- Service of Notices: Notices related to registered land can be served by mailing to the given addresses and are binding regardless of the recipient’s location, though the court may require additional notice if necessary.
Example: If John Doe, a married American residing in Manila, acquires land, the deed must state his full name, nationality, residence in Manila, and his wife Jane Doe’s full name. If he moves to Cebu, he must inform the Register of Deeds to update the certificate of title.
Section 56: Primary Entry Book; Fees; Certified Copies
- Primary Entry Book: The Register of Deeds maintains a primary entry book to record all instruments related to registered land, noting the date, hour, and minute of reception.
- Registration Process: Instruments are considered registered from the time noted in the entry book, and the memorandum on the certificate of title will bear the same date.
- Exemptions: Government entities are exempt from paying fees in advance for entry and registration.
- Public Access: Records and papers related to registered land are open to the public, subject to reasonable regulations.
- Certified Copies: Certified copies of all filed and registered instruments can be obtained upon payment of prescribed fees.
Example: If Jane Doe files a deed at 10:30 AM on July 1st, it is recorded in the primary entry book at that time, and the deed is considered registered from that moment.
Section 57: Procedure in Registration of Conveyances
- Conveyance in Fee Simple: The owner must execute and register a deed of conveyance. The Register of Deeds will then issue a new certificate of title to the grantee and an owner’s duplicate certificate.
- Cancellation of Old Certificates: The original and duplicate certificates of the grantor are stamped “canceled,” and the deed is endorsed with the registration details.
Example: If John Doe sells his land to Mary Smith, he executes a deed of conveyance. The Register of Deeds issues a new certificate to Mary and cancels John’s old certificate.
Section 58: Procedure Where Conveyance Involves Portion of Land
- Partial Conveyance: If only part of the land is conveyed, the Register of Deeds will not issue a new certificate until a plan showing the subdivision is approved.
- Memorandum Annotation: The deed may be annotated on the grantor’s certificate to notify third parties of the partial conveyance.
- Issuance of New Certificate: Upon approval of the plan, a new certificate is issued for the conveyed portion, and the grantor’s certificate is partially or fully canceled.
Example: If John Doe sells half of his land to Mary Smith, the deed is annotated on his certificate. Once the subdivision plan is approved, a new certificate is issued to Mary for her portion.
Section 59: Carry Over of Encumbrances
- Encumbrances: Any existing encumbrances or annotations on the land must be carried over to the new certificate unless they are simultaneously released or discharged.
Example: If John Doe’s land has a mortgage, this encumbrance will be noted on Mary Smith’s new certificate unless the mortgage is released at the time of transfer.
Illustrative Example
Consider a scenario where John Doe, an American residing in Manila, sells half of his land to Mary Smith. The deed must include John’s full name, nationality, residence, and his wife Jane Doe’s name. The Register of Deeds records the deed at the time of filing, annotates the partial conveyance on John’s certificate, and issues a new certificate to Mary once the subdivision plan is approved. Any existing mortgage on John’s land is carried over to Mary’s new certificate unless released.
VI. LAND TITLES AND DEEDS
G. Subsequent Registration (P.D. No. 1529, secs. 51-53)
- Involuntary Dealings – P.D. No. 1529, secs. 69, 74 and 76; Adverse
Claims and Notice of Lis Pendens – P.D. No. 1529, secs. 70 and 77
- Involuntary Dealings:
Involuntary dealings are transactions or Changes in land Ownership that occur WITHOUT the voluntary action of the property owner. These are typically IMPOSED BY LAW or COURT ORDER
Example: A property foreclosure due to non-payment of a mortgage would be an involuntary dealing. The bank forces the sale of the property to recover the loan amount, regardless of the owner’s wishes.
- Adverse Claims:
An adverse claim is a DECLARATION by someone who is NOT THE REGISTERED OWNER of a property, asserting a right or interest in that property that conflicts with the registered owner’s rights.
Example: If John has been openly living on and cultivating a piece of land for over 20 years, believing it to be his, he might file an adverse claim against the registered owner, Mary, based on the concept of adverse possession mentioned in Section 48(a) of the amended Commonwealth Act No. 141[1].
- Notice of Lis Pendens:
A notice of lis pendens is a FORMAL NOTICE filed with the land registry office, indicating THAT THERE IS A PENDING LAWSUIT involving a claim on the property.
It serves to notify potential buyers or other interested parties that the property’s OWNERSHIP IS IN DISPUTE
Example: If there’s a boundary dispute between two neighboring landowners, one party might file a notice of lis pendens while the case is being heard in court. This would alert any potential buyers that there’s an ongoing legal issue affecting the property.
VI. LAND TITLES AND DEEDS
H. Non-Registrable Properties (Civil Code, art. 420)
Property of public dominion:
- Property intended for PUBLIC USE:
This category includes infrastructure and natural features that are meant for general public use and ACCESS.
These properties are typically owned and maintained by the state for the benefit of all citizens.
Examples:
- Roads: Public highways and streets
- Canals: Man-made waterways for transportation or irrigation
- Rivers: Natural waterways
- Ports: Harbor facilities for ships
- Bridges: Structures connecting land masses over water or valleys
- Banks and shores: Areas along bodies of water
- Roadsteads: Areas of water near a shore where ships can anchor
- Property belonging to the State for public SERVICE or national wealth DEVELOPMENT:
This category includes properties owned by the government that are not necessarily open for public use but are intended to serve a public purpose or contribute to the country’s economic development[1].
Examples:
- Government buildings: Offices, schools, hospitals
- Military bases and installations
- Natural resources: Mineral deposits, forests, wildlife reserves
- Power plants and energy facilities
- Research facilities and laboratories
- Cultural heritage sites and museums
The key distinction between these two categories is that the first is directly accessible and usable by the public, while the second is owned and controlled by the state for specific public services or economic purposes. Both categories are considered property of public dominion and are generally inalienable, meaning they cannot be sold or transferred to private ownership without special legislation[1].
VI. LAND TITLES AND DEEDS
I. Dealings with Unregistered Lands (P.D. No. 1529, sec. 113)
Process for recording instruments related to unregistered lands. Here’s a summary of each point with examples:
(a) Record-keeping requirements:
The Register of Deeds must maintain a Primary Entry Book and a Registration Book. The Primary Entry Book records details like entry number, parties involved, document type, and date/time of receipt. The Registration Book is used for annotating the recorded deeds and instruments.
Example: When John Doe submits a deed of sale for his unregistered land, the Register of Deeds first enters the details in the Primary Entry Book, noting it was received on July 10, 2024, at 10:30 AM.
(b) Recording process and appeals:
The Register of Deeds must record the instrument if it appears legally sufficient. If refused, the official must provide written grounds for refusal, and the party can appeal to the Commissioner of Land Registration.
Example: If John’s deed lacks a notary seal, the Register might refuse to record it and provide a written explanation. John can then appeal this decision to the Commissioner.
(c) Endorsement and return of documents:
After recording, the Register of Deeds endorses the original instrument with file number and receipt details, returns the annotated duplicate to the registrant, and keeps a copy for the assessor.
Example: After recording John’s deed, the Register endorses it with “File No. 12345, received July 10, 2024, 10:30 AM,” returns John’s copy with this annotation, and keeps one for the assessor.
(d) Involuntary dealings:
Involuntary transactions like tax sales, attachments, and notices of lis pendens can also be recorded if legally sufficient.
Example: If there’s a tax lien on John’s unregistered property, the government can record this lien in the same manner as voluntary transactions.
(e) Fees:
The Register of Deeds collects the same fees for these services as those for registering deeds on registered lands.
Example: If recording a deed for registered land costs 500 pesos, John would also pay 500 pesos to record his deed for unregistered land[1].
This section ensures that transactions involving unregistered lands are properly documented and provides a system for resolving disputes in recording. It also allows for the recording of both voluntary and involuntary dealings with unregistered lands.
VI. LAND TITLES AND DEEDS
J. Assurance Fund (P.D. No. 1529, secs. 93-102)
Assurance Fund provisions, with examples:
Section 93: Contribution to Assurance Fund
- A fee of 0.25% of the assessed value of the property is paid upon registration or transfer of land.
- For unassessed land, two disinterested persons provide a sworn valuation.
Example: If John registers a property assessed at 1,000,000 pesos, he would pay 2,500 pesos to the Assurance Fund.
Section 94: Custody and investment of fund
- The National Treasurer manages the Assurance Fund.
- Fund can be invested as authorized by law.
- Income is added to principal until it reaches 500,000 pesos, after which excess goes to the National Treasury.
Example: If the fund has 400,000 pesos and earns 50,000 pesos in interest, the total becomes 450,000 pesos. Once it reaches 500,000 pesos, further income goes to the National Treasury.
Section 95: Action for compensation from funds
- Allows individuals who suffer loss due to the Torrens system to seek compensation from the Assurance Fund.
- Applies to losses from fraud, errors, or mistakes in certificates of title.
Example: If Mary loses her land due to a fraudulent title transfer, she can claim compensation from the Assurance Fund.
Section 96: Against whom action filed
- Actions can be filed against the Register of Deeds and National Treasurer for errors by court personnel or registry employees.
- For fraud by others, the action includes those individuals as co-defendants.
Example: If the loss is due to a mistake by the Register of Deeds, Mary would file against the Register and National Treasurer. If it’s due to fraud by a third party, that person would also be included in the lawsuit.
Section 97: Judgment, how satisfied
- Execution first against other defendants before the Assurance Fund.
- Compensation limited to fair market value at the time of loss.
Example: If Mary wins her case against a fraudulent party and the Register of Deeds, the court would first try to collect from the fraudulent party before using the Assurance Fund.
Section 98: General Fund when liable
- If the Assurance Fund is insufficient, the National Treasury covers the deficiency.
Example: If Mary’s compensation is 600,000 pesos but the Assurance Fund only has 500,000 pesos, the National Treasury would provide the additional 100,000 pesos.
Section 99: Subrogation of government to plaintiff’s rights
- The government can pursue recovery from other parties after paying from the Assurance Fund.
Example: After paying Mary, the government could pursue legal action against the fraudulent party to recover the funds.
Section 100: Register of Deeds as party in interest
- Register of Deeds can file actions to annul or amend titles to protect the Assurance Fund.
Example: If the Register discovers a potentially fraudulent title that could lead to an Assurance Fund claim, they can initiate legal action to correct it.
Section 101: Losses not recoverable
- The fund doesn’t cover losses from breaches of trust or mistakes in resurveying.
Example: If John loses money due to a trustee’s mismanagement of his property, he can’t claim from the Assurance Fund.
Section 102: Limitation of Action
- Claims must be filed within 6 years, with exceptions for minors, insane persons, or those under legal disability.
Example: If Mary discovers her loss in 2024, she has until 2030 to file a claim. If she’s a minor, she has 2 years after turning 18 to file.
VI. LAND TITLES AND DEEDS
K. Reconstitution of Title (P.D. No. 1529, sec. 110)
Reconstitution of Lost or Destroyed Torrens Title
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Judicial Reconstitution Required:
- If the original copies of certificates of title are lost or destroyed, they must be reconstituted through a judicial process, following the procedure prescribed in Republic Act No. 26, unless inconsistent with the decree.
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Abrogation of Administrative Reconstitution:
- The procedure for ADMINIATRATIVe reconstitution of lost or destroyed certificates of title as prescribed in Republic Act No. 26 is NO LONGER valid. All reconstitution must be done judicially.
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Notice of Hearings:
- Notice of all hearings for the petition for judicial reconstitution must be given to the Register of Deeds where the land is located and to the Commissioner of Land Registration.
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Finality of Orders or Judgments:
- No order or judgment for the reconstitution of a certificate of title becomes final until 30 days after the Register of Deeds and the Commissioner of Land Registration receive notice of such order or judgment, provided no appeal is filed by these officials within this period.
Illustration with an Example
Scenario:
- Maria owns a piece of land with a Torrens title. Unfortunately, the original certificate of title is lost due to a fire that destroyed the records at the Register of Deeds office.
Step-by-Step Explanation:
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Filing a Petition:
- Maria files a petition in the appropriate Regional Trial Court for the judicial reconstitution of her lost title, following the procedures outlined in Republic Act No. 26.
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Notification: 2
- Notices of the hearing on Maria’s petition are sent to the Register of Deeds where the land is situated and to the Commissioner of Land Registration. These notices inform them of the upcoming judicial proceedings concerning the reconstitution of the title.
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Judicial Hearing:
- The court conducts a hearing where Maria presents evidence, such as copies of the lost title, tax declarations, and other pertinent documents, to establish her ownership and the loss of the original title.
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Court’s Order:
- After evaluating the evidence, the court issues an order for the reconstitution of Maria’s certificate of title. This order is then sent to the Register of Deeds and the Commissioner of Land Registration.
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Finality of Order:
- The order does not become final immediately. The Register of Deeds and the Commissioner of Land Registration each have 30 days from the receipt of the order to file an appeal if they have any objections or if they believe there are grounds for challenging the reconstitution.
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No Appeal Filed:
- If neither the Register of Deeds nor the Commissioner of Land Registration files an appeal within the 30-day period, the order becomes final and executory. The reconstituted certificate of title is then issued to Maria, restoring her official documentation of ownership.
Example Summary:
- Maria successfully navigates the judicial reconstitution process to replace her lost title. Throughout the process, necessary notifications are made, and a waiting period ensures that the order becomes final without any objections from the Register of Deeds or the Commissioner of Land Registration.
Key Takeaways:
- Judicial Process: Reconstitution of lost or destroyed Torrens titles must go through a court proceeding.
- Notification Requirement: Register of Deeds and Commissioner of Land Registration must be notified of hearings.
- Finality Period: Orders for reconstitution are not final until 30 days after notification to allow for potential appeals by the Register of Deeds or Commissioner of Land Registration.
