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CIVREV VII. Land Titles & Deeds - Coggle Diagram
CIVREV VII. Land Titles & Deeds
I. Classification of Lands
II. Modes of Disposition of Public Agricultural Lands
- (4) Modes
Homestead Settlement
Sale
Lease
Confirmation of Imperfect/Incomplete Titles
III. Indefeasibility of Title
- A decree of registration is incontrovertible and becomes binding on all persons, regardless if they were notified in the in rem registration process.
IV. Certificate of Title not Subject to Collateral Attack
- The certificate cannot be subject to collateral attack, thus cannot be altered, modified or cancelled in anything OTHER than a direct proceeding.
When Considered an Attack
- if the objection of the action is to nullify the title, which is effectively challenging the judgment or proceeding which issued the decree.
Effect of Registration
- Because ownership is different from title, the fact of registration does not vest ownership upona person, instead it only serves as evidenc eof ownership or title over the property.
Remedies for Recovery of Ownership
Recovery of Possession
Ejectment Cases -
Not considered a direct or collateral attack, as does not resolve the issue of ownership based on a certificate of title.
Here, issue of ownership only provisionally resolved with respect to determination of right to possession.
Acction Publiciana
- Determines better right of possession independent of title.
Better right may or may not proceed from a Torrens title but, in either case does not trigger a collateral attack on an existing certificate of title as thre is only a provisional ruling o the issue of ownership.
Nature of Action for Reconveyance
- Considered a direct attack on the ownership of the property, available to persons whose property has been wrongfully registered int he name of another.
Does not set aside the decree, but seeks to transfer the land to the rightful owner.
GR - Available always
XCPN - property has passed to an innocent 3rd purchaser value.
Action to Annul Certificate of Title
- Direct attack, challenges the judgment ecree of title and goes into the ownership of hte land covered by the Torrens title.
Acquisitive Prescription
-
GR - Registered land may not be the subject of acquistiive prescription.
XCPN - Laches has set in.
Direct Attack
- when the object of an action is to annul or set aside such judgment, or enjoin its enforcement
Collateral Attack (Heirs of Simplicio Santiago v. Heirs of Mariano Santiago)
- when, in an action to obtain a different relief, an attack on the judgment or proceeding is nevertheless made as an incident thereof
Types of Certificate
-
Original Title
- First certificate issued when the property is placed under the torrens system i.e., upon issuance of the decree of registration.
Decree of registration issued by the Court.
Decree issued by the LRA
- Issued by LRA administrator, exactly the same as court decree of registration.
This is why in land registration proceedings, no motion for execution.
Issuance of this degree + copy of OCT is ministerial duty.
Note: OCT is issued by the LRA, then forwarded to the registry of deeds.
Transfer certificate of title (TCT)
- Issued after land has been transferred once, from the issuance of the OCT.
V. Voluntary/Involuntary Instruments
Voluntary Instrument
- a willful act of the registered owner of land to be affected by registration.
Ex. Instruments such as sale, lease, encumbrances.
Registration of Voluntary Instruments
- The owners copy of the certificate of title must be presented for annotation.
Otherwise, registration is not valid
Voluntary transaction is annotated on the two copies of titles (registrar’s and owner’s)
Involuntary Instrument
- one pertaining to a transaction affecting lands in which the registered owner’s cooperation is not required because he transaction may be done against his will because it is adverse to his interest
Ex. Registration of adverse claims, registrations of levy/attachment
Registration of Involuntary Instruments
- If INVOLUNTARY, no requirement of presentation of owner’s duplicate copy
The only time when annotated yung involuntary instruments in the owner’s copy is when the owner’s copy is presented to the RD.
Mirror doctrine
: A purchaser can rely on the certificate of title. The certificate of title referred to here is the Register’s
The certificate of title referred to here is the Register’s copy. Nandito kasi yung involuntary at voluntary instruments
You cannot rely on the owner’s copy kasi baka may mga involuntary instrument na hindi andun.
Notice of Adverse Claims
- An involuntary relief (?) designed to protect the interest of a person over a piece of property by apprising third persons that there is a controversy over the ownership of the property
Refers to rights not otherwise provided for by the Property Registration Decree
When Transaction Binding on 3rd Persons
- Must be registered in the registry of property to be binding against 3rd persons.
Otherwise, only binding betweent he parties, their heirs and assigns, and those who have actual; notice of the transaction.
Rationale
- One of the purposes of the Torrens system is constructive notice. The transaction will only be binding upon third persons if the transaction is registered pursuant to the requirements under the Torrens system.
Non-Registrable Properties
- Under the Torrens system, there are properties that cannot be registered.
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Requisites for Registration
- To be considered an adverse claim, necessary that the registration of the interest/right is not otherwise provided for by law.
Thus, you cannot convert voluntary instruments to involuntary instruments to sidestep presentation of owners OCT.
Registration of Contracts of Sale
-
GR - Contracts of sale are registered by presenting the owner’s duplicate copy of title.
Exception: When the seller refuses to surrender the duplicate copy of title. In this case, the buyer can set up an adverse claim before the registry.
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When Binding (PD 1520, Sec. 32)
- One-year from the entry of the final decree of registration.
Requirement of Finality - Unlike ordinary civil actions, incontrovertibility applies only after expiration of the one year date from entry. If no final decree, title is not fully adjudicated and land reg. court still has jurisdiction.
Grounds for Review of Decree of Registration
- Exclusive ground of ACTUAL AND EXTRINSIC FRAUD may be used as a ground to reopen a decree of registration.
Extrinsic
- When employed to deprive parties of their day in court. This is because such fraud goes into the jurisdiction of the court.
Intrinsic Fraud
- If it goes into the merits of the case such as fraud in presentation of forged documents, perjured testimony, etc.,
Available Remedies
GR -
Petition for Review
- Sec. 38 of Act No. 496 provides that remedy is a petition for review to question a decree of registration, filed within the one-year period.
However, not an exclusive ground.
XCPN -
Action for Reconveyance
- After the one-year date has lapsed, bring an ordinary action for reconveyance.
XCPN 2 - if the property has passed into an innocent purchaser, an action for damages.
Prescriptive Period for Reconveyance
-
GR (NCC 1456)
- 10-years, from the date of repudiation i.e., registration of the land
XCPN
- no prescription if party seeking reconveyance is in possession
XCPN 2 - If the action is based on a void deed/contract, the action is imprescritible under NCC 1410.
Action for Compensation against Assurance Fund
-
Can be brought only AFTER the property is registered in the name of an innocent purchaser for value.
Rationale - it is only after there is registration to an innocent 3rd person, is the damage sustained i.e., the loss of the property
Prescriptive Period - 6 years from the time the right to bring an action accrued i.e., moment the innocent purchaser for value registers his or her title
XCPN - if the action is based on fraud, from the date of discovery but, after registration by innocent purchaser.
Assurance Funds
- This fund is intended to safeguard the rights of prejudiced parties entitled to an interest in land but, prevented from obtaining titles due to an existing Torrens title.
State insurance to recompense an original title holder who,
without negligence was deprived of land due to Torrens registration by a usurper and,
because of purchaser by an innocent purchaser for value, is unable to recover property.
Effect of Conflicting Titles
GR
- Earlier title prevails i.e., prius tempore
XCPN
- if the inclusion of the land in the earlier title was due to mistake (Yu Hwa ping v. Ayala Land)
Counting of Period in Public Land Patents (Heirs of Santiago v. Santiago)
- No specific provision under the Public Land Law/LRA re: one-year period for the filing of a review on the ground of fraud.
However, Jurisprudence has held that Sec. 32 of PD 1529 applies to land patents issued by the Sec. of Natural resources, counted from the date of issuance of the patent.
Exception to Application of 1-year Period
- One-year period does not apply if the person seeking annulment of title/reconveyance is in possession of the lot.
Homestead Settlement
- Must comply with the ff requirements:
(a) does not own more than 12 ha of land in the Philippines; or
(b) has not had the benefit of any gratuitous allotment of more than 12 ha of land since the occupation of the Philippines by the United States; and
(c)
(i) must have resided continuously in the municipality where the land is situated for at least one year; and
(ii) must have cultivated at least 1/5 of the land applied for.
Indefeasibility of Title (RP v. Heirs of Daquer)
-
GR - Certificate of Title pursuant to a homestead patent becomes indefeasible after one year
XCPN - If the land was NOT disposable public land. Here, title becomes void.
Requirement of Classification (RP v. Heirs of Daquer)
- Only lands of the public domain classified as public agricultural may be disposed of through homestead.
This is done through a positive act of government.
Sale
- Must comply with the ff requirements:
Citizen
- Of the PH
Eighteen/Head
- Over 18 years old OR the head of a family.
Appraisal
- must first be appraised
Public Bidding
- Sold in public bidding.
Cultivation
- Purchaser must break/cultivate 1/5 of the land within 5 years from the award
Purchaser must show cultivation, and improvement of at least 1/5 of the land applied for until the date on which final payment is made, before issuance of the sales patent.
Size
- maximum size of 12 hectares of agricultural land may be acquired via sales patent.
Authority of Corporations/Conflict (Spouses De Guzman v. Agbagala)
-
Pub Land Act authorizes domestic corporations to apply for sales patents.
1987 Constitution provides that private corporations and associations can only LEASE agricultural lands.
Lease (Taar v. Lawan)
-
Public Auction
- same procedure for sales patents
Cultivation
- lessee must have cultivated 1/3 of the land within 5 years from date of the approval of the lease
Size
Individuals
- no more than 500 hectares
Corporations
- 1,000 hectares max
Duration
- shall run for a period of not more than twenty-five years, but may be renewed for another period of not to exceed twenty-five years, at the option of the lessee
Confirmation of Imperfect/Incomplete Titles
- May be done through two modes.
Judicial Legalization
Free Patents/Administrative Legalization
Judicial Legalization (PLA Ch. 8/Ch. 3)
- Upon compliance with reqs, persons are entitled to a certificate of title by operatio of law.
(a) OCEAN of alienable/disposable lands of the public domain
(b) Not covered by existing certificates of title
(c) Bona Fide Claim of Ownership
(d) 20 years preceding filing of the application.
Immediately Preceding the filing of the application for confirmation of title
XCPN - When prevented by force majeure/war
Treatment of Land (De Leon v. De leon Reyes 2016)
- the land is segregated from the public domain, because the beneficiary is conclusively presumed to have performed all the conditions essential to a Government grant. The land becomes private in character and is now beyond the authority of the director of lands to dispose of.
Right to Recognition
- Because effectively, registration is recognition of the existing title which was vested by operation of law, the proceedings take place as a matter of course.
Specific Requirements for Alienability(RP v. TAN Properties)
- Two documents must be presented to prove alienability
Copy of Original Classification by DENR Sec + Certificaiton by custodian of official records as true copy
Certificate - of land classification status, based on the land classification approved by DENR Sec, as issued by CENRO or PENRO.
Requisites for Registration (RA 11573)
Par. 2
(a) Private Lands/Abandoned Riverbeds
(b) Through right of accession or accretion
Par. 3 - Those who have acquired ownership of land in any other manner
Free Patents/Administrative Legalization (PLA, Ch. 7)
-
Citizenship
- Natural born citizen of the Philippines
Size
- Not the owner of more than 12 hectares; and
Occupation
- for at least ten ( I O ) years preceding the filing of application has, by himself or through his predecessors-in-interest continuously occupied and cultivated a tract of agricultural land subject to disposition
Map/description
- application must be accompanied by a map and the technical description of the land occupied
Proof of Occupancy
- From two disintered persons residing int he same municipality;barrio where the land is located.
Treatment of the Land
- Unlike judicial recognition which classifies land as private. Free Patent recognizes the public character of the land. It confirms ownership of the government and asks for grant thereof.
Q. Ano difference as regards rights
(a)
(i) is not the owner of more than 12 ha of land; and
(ii) has continuously occupied and cultivated, either by himself or through his predecessors-in-interest a tract or tracts of agricultural public lands subject to disposition; and
(b) shall have paid the real taxes thereon while the same has not been occupied by any person.
Requisites for Registration of Patrimonial Property (Property Reg. Decree / PD 1529)
- An application for registration must establish the following requisites:
Alienable / Disposable -
OCEAN - Applicants/predecessors have been in possession either: (10 if in GF; or 30)
Patrimonial - Land has been converted to or, declared as patrimonial property
Proof of Patrimonial Character
- Applicant must establish that:
Agricultural - has been classified as agricultural land
Alienable/Disposable - It has been declared alienable and disposable
Express Declaration - Made by government that the property is either patrimonial, or no longer retained for public service/development of national wealth
Form of Declaration - Either, Congress or form allowed by Congress such as Pres. Proclamation.
Declaration of Alienability
- Before acquisitive prescription may begin to toll through occupation, there must be EXPRESS declaration by the State that the land is no longer under public dominion.
Otherwise, regardless of length of time of occupation there is not acquisitive prescription.
Sec. 14 (par. 1) v. Sec. 14 (Par. 2) Registration
-
Bases for Registration
Par. 1 - Based on possession of alienable and disposable land, regardless if the land was susceptible to private ownership at the time of possession.
Par. 2 - Based on acquisitive prescription under the Civil Code.
Governing Law
Par. 1 - Governed by PD 1529 and the Public Land Act
Par. 2 - governed by Both PD 1529 + Civil Code
Character of Land Being Registered
Par. 1 - Agricultural land of the public domain, declared as alienable and disposable.
Par. 2 - Former patrimonial property of the State
Requirement of Alienability
Par. 1 - Must be disposable at TIME OF APPLICATION not necessarily time of possession.
Par. 2 - Must be dispsable/declared as patrimonial AT THE BEGINNING OF RELEVANT PERIOD OF POSSESSION
IA. According to Ownership
- Can be subcategorized into either:
Private Land
Public Land - Otherwise known as land of public dominion.
IB. According to Alienability
- Depends on the classification of public lands under the constitution.
Alienable/Disposable State Lands
-
Patrimonial State Property - Considered as private lands under Art. 425.
Public Domain - Provided, that they are agricultural lands.
Classification of Public Lands
-
Forest Lands
Timber
Mineral
National Parks
Agricultural Lands
Agricultural Public Lands
- Only type of public land that may be alienated or disposed.
Same disposition if it is classified as something outside of the 5 categories OR no longer for public service/public wealth.
Reclassification (Public land Act, Sec. 6)
- Exclusive Prerogative to reclassify public lands is delegated pwoer to the President.
However, Congress may, via law declare that the land is able to be alienated.
Scope of Delegation
- Because delegated to President, together with the DENR secretary and thus may no longer be re delegated to their subordinates
Discretionary power
Q. How does this work with alter ego doctrine
Rabuya: If classified as no longer public service/national wealth, Regalian Doctrine still applies and still considered as land of the public domain. Thus, it cannot be alienated.
Tl;Dr - In the absence of classiciation as alienable land/agricultural land, cannot be disposed of.
Definition of Agricultural Lands (CA 141, Sec. 6-7) -
alienable portions of the lands of the public domain which are not forest or timber, mineral," or national parks.
Conversion to Patrimonial Property (Heirs of Malabanan v. republic)
- Even if public lands are classified as agricultural and therefore alienable, this does not convert them to patrimonial property.
So long as there is public service intent/development of national wealth, remains public dominion.
Express Declaration
- to convert agricultural lands already declared alienable and disposable into patrimonial property, there must be an express declaration by the State that the public dominion property is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial
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Amendments to Conversion in Pasig Rizal Case
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Private Land
- Covers three categories, but generally refers to either patrimonial or, private property.
Patrimonial Property
Patrimonial Prop of the State (NCC 421)
Patrimonial Prop of LGUs (424)
Property belonging to private individuals
(425)
Public Dominion
- Deemed public dominion if either element is present
Intended for Public Use
- such as roads, canals, or banks, shores, etc.,
Not for public use
- but belongs to the state
Intended for some public service
- Those not indiscriminately accessible to the public, but for public service such as govt. buildings
Development of national wealth
- Contemplates National resources
Patrimonial Property
- Land held by the State in its private capacity, also covers LGUs. Applies if none of the elements are present.
Regalian Doctrine
- All natural resources, including lands of the public domain are considered owned by the State.