Descripción de la Población

-consequence of tax lien (i.e. non-payment of real estate tax).

What is its nature?

-proceeding in personam

Is Real Estate Tax Lien required to be registered?

-No because under Section 44, it is one of the statutory liens.

Note: Since tax sale is just like auction sale, it is required that notice be personally served (by mail) to the delinquent tax payer.

What is the purpose of notice?

-to comply with due process and give him right to be heard.

What is the effect if there is no notice?

-the tax sale would be null and void because it is a mandatory requirement.

Note: publication of tax sale is no sufficient. NOTICE PERSONALLY SERVED (by mail) to the taxpayer is A MANDATORY REQUIREMMENT.

Remedy after redemption period expired (Ligon vs. CA)

 In a voluntary sale, plaintiff must file an action for cancellation of title

 During the pendency of the case, the plaintiff must file a motion to order the registered owner to surrender the Owner’s Duplicate Certificate of Title (ODCOT)

 If the registered owner does not surrender the title, the court will order the cancellation of the title (Sec. 107)

 If it is an involuntary transaction, mere motion during the pendency of the action is not enough, the plaintiff must file a separate petition (Sec. 107)

Adverse Claim

 Requisites of adverse claim

1. Claimant has a right or interest over a registered land

2. Claims is adverse to registered owner arising subsequent to date of original registration

3. No other provision in the law registering the said claim

 Procedure to register and adverse claim:

1. Make a sworn statement setting fully the alleged right 2. Present it to the RD

 RD would determine whether or not an affidavit of adverse claim is registrable or not. He will determine the sufficiency of the adverse claim

 Legal requirements of the affidavit (70):

1. Alleged right o interest as basis of adverse claim – most important 2. How or under whom it is acquired

3. Reference to number of COT 4. Name of registered owner 5. Description of the land

 Remedy if the affidavit of adverse claim is denied by RD: Appeal en consulta to RD

 The following are the requirements to elevate consulta:

1. Elevates denial through consulta to LRA administrator 2. Whom? Party in interest

3. When? Within 5 days from receipt of denial 4. Must pay consulta fee

5. Provided that document has not been withdrawn from RD

 Example of adverse claim: contract to sell

 There is reservation of ownership to the vendor and only upon full payment of the price shall an absolute sale be executed

 Assume that the buyer has already paid in full but the seller refused to execute an absolute sale

 In the meantime, there is danger that the seller might sell the same property to another because he still holds the ODCOT

 The remedy of the buyer would be to file action for specific performance

 Before that remedy is filed in court, the buyer can file an adverse claim so that the property will not be disposed to an IPV

 Once it is filed, any person dealing with the land will be notified of the adverse claim of the buyer and those who still purchases the land shall not be IPVs

 Adverse claim does not apply to purely personal claims and it must affect the registered land

 Ex: Unpaid commission of an agent and collection of sum of money are a personal claim and do not affect the land

 Thus, such are not considered adverse claims

 Interest of presumptive heirs are also not an adverse claim because it is dependent only upon the death of the parent and not an interest on the land

Nature and purpose of adverse claim

1. It is a measure designed to protect the interest of a person over a piece of land where registration of interest is not provided by law

2. It serves as a notice and warning to third parties dealing with property

 Nature of adverse claim springs from Sec 51 where registration is the operative act that coveys or affects the land for third persons

 Adverse claim is not an established claim itself. It is merely a notice to third persons that there is a claim adverse to registered owner

 Ther eis still a need for judicial determination of the issue of ownership so filing of a case is still required

Period of adverse claim

 Sec 70 states that adverse claim shall be effective for 30 days

 The period is not self-executory

 The RD will not cancel the annotation of adverse claim automatically after 30 days even if there is a petition filed in RD

 Only way to cancel an adverse claim is by court order for cancellation

 That adverse claim is effective within 30 days but the annotation remains in the COT unless there is proper court order

 To limit to 30 days the effectivity of the adverse claim automatically will defeat the purpose of the inscription of the adverse claim

Lis Pendens

 If there is an action affecting the title of the land pending in court, a lis pendens can be registered by the plaintiff to protect his interests

 Lis pendens – announcement to the whole world that the property is in litigation and serves as a warning that one who acquires interest over the property takes it as his own risk

 Lis pendens is different from litis pendentia

 Litis pendentia – ground for motion to dismiss as there is another pending case with the same motion/cause/parties in another court

 In lis pendens, there is no need to file a motion in court. The party can immediately file a petition of notice of lis pendens in the Registered of Deeds (RD)

 The followings actions affecting the land or the use or occupation or buildings would be:

1. Recovery of possession of real estate 2. Quite title

3. Remove cloud on title 4. Partition

5. Any other proceedings directly affecting title to land

 Example of actions not directly affecting title of land:

1. Attachment or levies of execution 2. Proceedings for probate of wills 3. Administration of estate of a deceased How to file lis pendens

1. The plaintiff shall file a request in court for the issuance of a notice of lis pendens a. A defendant can also file for a motion for notice of lis pendens if he has an

affirmative relief in his answer

2. The notice of lis pendens shall be filed to the RD where the RD 3. RD shall annotated on the back of the COT the notice of lis pendens

a. There is no need to annotate the notice on the ODCOT Contents of notice of lis pendens

1. State institution of action or proceeding 2. There court where it is pending

3. Date of institution

4. Reference to the number of COT 5. Description of the land

6. Registered owner of the land Effect of registration of notice

1. Keep the subject matter of litigation within the power of the court until final judgment 2. Prevent the defeat of the final judgment due to subsequent alienations during the pendency

of the case

3. Serve as a notice to third person that the land is subject to litigation

4. Third person shall be given constructive notice and purchasers shall not be considered in GF

 Peña: Notice lis pendens is not a right or lien as it is only a contingency that depends on the outcome of the proceeding

 If there is an alienation pending the proceeding even though there is lis pendens, the purchase can still acquire the property provided that the judgment is in favor of the defendant (registered owner)

 Effect when there is no lis pendens:

1. The judgment or proceeding to vacate or reverse any judgment shall only affect the parties

2. It shall not affect third persons Cancellation of lis pendens

 Before judgement:

1. By court order:

 After showing that the notice is for the purpose of molesting the adverse party

 It is not necessary to protect the rights of the party who cause the registration of notice

2. By verified petition of party before the RD who caused the registration of the notice

 After judgment in favor of defendant or other disposition as to terminate rights of plaintiff:

 By registration of certificate of clerk of court stating the manner of disposal of the proceeding

 The plaintiff can appeal the cancellation of lis pendens

 An adverse claim and lis pendens can exist concurrently

Lost Owner’s Duplicate Certificate of Title (ODCOT) (109)

 Not the same as reconstitution proceedings as that is Sec. 110 where the OCOT under custody of RD is lost

 Procedure in case there is lost or stolen ODCOT:

1. Notify RD by executing affidavit of loss or destruction of ODCOT

 This shall be registered and annotated in Original Certificate of Title (OCOT)

 Sent by the owner to RD

 Filed as soon as loss or theft is discovered

2. Secure a certified true copy of OCOT showing the annotation 3. File a petition for replace of ODCOT in court

 No publication requirement

 Only posting of order and setting of date of hearing

 It must be established the ODCOT was loss or stolen before court issue an order to the RD to prepare a replacement copy of ODCOT

 If the ODCOT is not actually lost or destroyed then the court hearing the petition for replacement does not acquire jurisdiction

 Any order issued by the court, such as order to issue replacement copy, shall be void

 Ex: Mortgagor filed for petition for replacement even if the ODCOT is not actually lost and is in the hands of the mortgagee. The court hearing the case does not acquire jurisdiction

 However, even if the replacement copy of ODCOT issued by the court is void due to lack of court jurisdiction, it is still considered as genuine copy

 The replacement copy is legally void but as to form, it is considered genuine

 It can be used in fraudulent transactions

 Notice to OSG of petition for replacement is not required and not jurisdictional

Petition for amendment or alteration of certificates (108)

 General rule: no erasure, amendment or alteration of certificate shall be made

 Exceptions:

1. Registered interest whether vested, contingent, or expectant have been terminated or ceased

2. Interest which have risen or created do not appear on the certificate

3. Error, omission or mistake that was made in entering certificate or memorandum 4. Name of any person on certificate has been changed

5. Registered owner is married or marriage terminated or where heirs or creditors are affected

6. Corporation owning land has been dissolved

 The amendment is limited in the sense that court has no jurisdiction to reopen judgment or decree of registration

 Ex: it cannot change description of the land

 However, if Life Homes Realty vs. CA, the court allowed the correction of the technical description because of the defects in the survey plan prepared for the ordinary land registration proceedings

 The technical description may be corrected after cadastral survey

 Such amendment is allowed as it is a defect on the survey plan affecting the land Actions done by court in pursuant to Sec. 108

1. May order entry or cancellation of new certificate of title depending on ground alleged in petition for amendment of COT

2. May order entry or cancellation of memorandum upon a certificate

 Ex: Servient estate acquired property of dominant estate, the easement can be cancelled on the back of COT by way of petition of amendment

3. Grant any order or relief upon terms and conditions as the court may deem proper Reconstitution of Loss or Destroyed OCOT (110)

 This is not the certificate issued for the first time but the COT under the custody of the RD.

Thus the COT here can either be an OCT or TCT

 Procedure of reconstitution:

1. Judicial – RA 26 or Sec 110 of PD 1529 2. Administrative – RA 6732

 Reconstitution – restoration of instrument, OCOT. Restoration of an instrument which is supposed to be loss or destroyed in original form or condition

 Purpose of reconstitution: to reproduce lost or destroyed OCOT after proper proceedings in the same form and condition before the loss or destruction

Administrative Reconstitution

 RA 6732 was enacted due to the fire of the RD in Quezon City in 1988 where many OCOT were burned

 Administrative reconstitution is extra-judicial

 No petition filed in court. The petition is filed in LRA

 The following conditions must concur before there is administrative reconstitution:

1. Substantial loss or destruction of OCOT due to (1) fire, (2) flood, or other force majeure 2. Number of OCOT loss or damages would be at least 10% of total number of OCOT in

possession of RD

3. Number of OCOT lost or damaged shall not be less than 500 OCOT

 RA 6732 was given retroactive effect for 15 years until 1974

 Source of administrative reconstitution is limited to ODCOT or CDCOT Judicial reconstitution

 Procedure:

1. The court, after receipt of petition for reconstitution, shall set date of hearing 2. Publish notice of initial hearing twice in successive issue of the official gazette

 No requirement of publication of newspaper

3. Notice of initial hearing must be posted in main building of provincial, city or municipal hall where land is situated

4. Notice of initial hearing must also be sent by registered mail to every person named in the notice (such as occupants, adjoining owners)

Source of judicial reconstitution 1. OCT:

a. ODCOT

b. CDCOT, or mortgagee’s or lesee’s c. Certified copy of COT

d. Authenticated copy of decree of registration or patent

e. Document showing that the property is mortgaged, leased or encumbered and that the original had been registered

f. Any other document, based on judgment of court, proper basis of reconstitution 2. TCT:

a. Same grounds with an addition of: deed of transfer showing that original had been registered

 Publication twice in successive in OG is deemed mandatory jurisdiction requirement

 LRA has no jurisdiction to declare that COT is sham or to order cancellation of title in administrative reconstitution

 Why? Power is lodge to the courts

 LRA administrator does not exercise original and exclusive jurisdiction involving ownership and possession of land

 If the RD cannot produce the COT, then the RD can held criminally liable for violating RA 7613, Code of conduct and ethical standards for government officials and employees

 Aggrieved party can send a letter to the RD to produce the OCOT and failure to do so within 15 days, there can be a criminal case filed

 That OCOT must be a part of the public records and open for inspection

 Just like in Sec 109, if the OCOT is not actually lost but is misplaced, then courts do no acquire jurisdiction in reconstitution case

Public Lands and Patens (Sec 103 and CA 141) Types of Land Registration Proceedings:

1. Judicial

a. Judicial confirmation of incomplete or imperfect titles b. Voluntary/ordinary land registration

c. Cadastral proceedings

d. RA 8371 or the indigenous rights act 2. Administrative

a. Patents

 Whenever public land is alienated, granted or conveyed by the government to any person, the same shall be brought under the operation of PD 1529

 It shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance, in behalf of the Government, to cause such instrument to be filed in RD

 Upon presentation of such patent to the RD, a COT shall be issued by the RD

 Since it is for the first time, what will be issued is the OCOT

 Act of registration shall be the operative act that shall convey and affect the land insofar as third persons are concerned

Requirements before the patent is registered

1. The land covered by the patent is an alienable and disposable public land 2. Maximum area is 12hc

3. Filipino citizenship

 Under Constitution, private corporations no longer allowed to be grantees of public land

 They can only lease up to 1000hc for 25yrs and renewable for 25yrs Laws covering patents

1. CA 141

2. PD 27 (emancipation patents) 3. CARL

4. Homestead Act Types of land patent

1. Homestead patent 2. Free patent 3. Sales patent

4. Emancipation patent

5. Special patents – granted to non-Christian

6. RA 10023 – Grant of land patent for residential purposes Homestead patent

 Grantee must comply with requirements of the law like residency and cultivation requirement

 Qualified homesteader after complying conditions will be issued a homestead patent

 The said homestead patent shall be the basis of the issuance of OCOT when presented to the RD and after payment of fees

 Under Homestead Law, maximum area is 24hc, but under the constitution, it is only 12hc Free patents

 No longer effective as period for filing application for free patent is already ended

 Free patent – when land possession can be traced to predecessors (Mathay vs. CA)

 Requirements for free patent:

1. Natural born Filipino citizen

2. Not the owner of more than 12hc of land

3. Resided in the land for at least 30 years prior to effectivity of amendatory act RA 6940

 Land covered in free patent must be:

1. Agricultural public lands subject to disposition 2. Applicant paid real estate taxes

3. Not occupied by third persons Sales Patent (24-28 of CA 141)

 Sales patent – issued by the government covering a public agricultural land which is alienable and disposable to the highest bidder at a public auction

 Qualifications: Filipino citizen of legal age

 Even if not of legal age, as long as head of the family

 There shall be bidding in public auction

 The highest bidder shall be issued the sales patent and shall be declared purchaser

 Another section in CA 141 where public land may also be granted through sales patent

 Chapter VIII, Sec 58-68 – Concessions of Public Land of CA 141

 These land must be agricultural lands suitable to residential, commercial or industrial purposes

 Same qualifications and limitations shall apply Effect of registration of patents

 Without registration of patent, it shall only be binding between the government and the grantee

 It shall not be indefeasible and the land can be acquired by adverse possession or prescription

 The OCOT issued pursuant to the land patent partakes nature of COT issued in judicial proceedings

 Land covered must be a part of public domain which is alienable and disposable

 If the land is already private, then patent issued is already null and void also

 The Director of the LMB shall be the one issuing the patent in favor of the applicant

 The OCOT issued, 1 year period after the issuance of the patent, shall become indefeasible, incontrovertible and imprescriptible

 This is in same application such as in ordinary land registration proceedings wherein 1 year after issuance of decree of registration, the title shall now be indefeasible, incontrovertible and imprescriptible

Restrictions on land patents

 In homestead patent, the homesteader cannot sell or mortgage the land under the patent within 5 years

 If he alienates or encumbers within said period, the transaction is null and void as it is in violation of the restriction

 Purpose of the law – keep the property in the hands of the landless

 The prohibition to alienate and encumber is mandatory and any land gained in violation of this cannot be acquired by prescription or laches

 Transferee in violation of homestead law cannot gain land by prescription even if 30 years

 Transferee in violation of homestead law cannot gain land by prescription even if 30 years

In document LA LÚDICA COMO ESTRATEGIA PARA EL APRENDIZAJE DE LOS NÚMEROS DEL 1 AL 20 EN EL GRADO PRIMERO DE LA I.E. NORMAL SUPERIOR SEDES ÁNGELES Y BRISAS AUTORAS (página 34-0)