General.
4. A proceeding where the certificate of title was not in fact lost or destroyed is null and void for lack of jurisdiction and the newly issued duplicate is null and void.
AMENDMENT OR CORRECTION OF TITLE
Q: What are the grounds for amendment or correction of certificate of title?
A: When:
1. registered interests of any description, whether vested, contingent or inchoate have terminated and ceased;
2. new interests have arisen or been created which do not appear upon the certificate;
3. any error, omission or mistake was made in entering a certificate or any memorandum thereon or on any duplicate certificate;
4. the name of any person on the certificate has been changed;
5. the registered owner has been married, or registered as married, the marriage has terminated and no right or interest of heirs or creditors will thereby be affected;
6. a corporation, which owned registered land and has been dissolved, has not conveyed the same within 3 years after its dissolution; or
7. there is a reasonable ground for the amendment or alteration of title.
Q: What are the requisites for the amendment or correction of title? A: FREON‐U 1. It must be Filed in the original case; 2. By the Registered owner or a person in interest; 3. On grounds Enumerated; 4. All parties must be Notified; 5. There is Unanimity among them; and 6. Original decree must not be Opened. CANCELLATION OF TITLE
Q: What are the grounds for cancellation of title?
A:
1. When title is void;
2. Title is replaced by one issued under a cadastral proceeding; or
3. When condition for its issuance has been violated by the registered owner.
SURRENDER OF
WITHHELD DUPLICATE CERTIFICATE OF TITLE
Q: What are the grounds for surrender of withheld duplicate certificate of title?
A:
1. When it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent;
2. Where a voluntary instrument cannot be registered by reason of the refusal or failure of the holder to surrender the owner’s duplicate certificate of title; or 3. Where the owner’s duplicate certificate
is not presented for amendment or alteration pursuant to a court order. REVERSION Q: What is meant by reversion?
A: It is an action instituted by the government, through the Solicitor General, for cancellation of certificate of title and the consequential reversion of the land covered thereby to the State. (Aquino,
p. 154, 2007 ed)
Note: The difference between reversion suit and action for declaration of nullity of title is that in the former, the allegations in the complaint would admit State ownership of the disputed land. On the other hand, action for declaration of nullity of title requires allegation of the plaintiff’s ownership of the contested lot prior to the issuance of free patent and certificate of title. (Aquino, p. 155, 2007 ed) Q: When does reversion apply? A: Generally, reversion applies in all cases where lands of public domain and the improvements thereon and all lands are held in violation of the Constitution. (Agcaoili Reviewer, p. 221, 1999 ed)
Q: What are the grounds for reversion of lands covered by a patent?
A:
1. Violation of Sec.s 118, 120, 121 and 122, Public Land Act (e.g. alienation or sale of homestead executed within the 5 year prohibitory period
2. When land patented and titled is not capable of registration
3. Failure of the grantee to comply with the conditions imposed by law to entitle him to a patent grant
4. When the area is an expanded area 5. When the land is acquired in violation
of the Constitution (e.g. land acquired
by an alien may be reverted to the State)
Q: Luis filed a complaint for annulment of title involving a foreshore land which was granted in Flores’ favor, alleging that his application therefor was granted by the government. Is Luis the real party in interest with authority to file a complaint for annulment of title of foreshore land?
A: No. In all actions for the reversion to the Government of lands of the public domain or improvements thereon, the Republic of the Philippines is the real party in interest. The action shall be instituted by the Solicitor General or the officer acting in his stead, in behalf of the Republic of the Philippines. Petitioners must first lodge their complaint with the Bureau of Lands in order that an administrative investigation may be conducted under Sec. 91, Public Land Act.
(Manese v. Sps. Velasco, G.R. No. 164024, Jan. 29, 2009) Note: Indefeasibility of title, prescription, laches and estoppel do not bar reversion suits. D. CADASTRAL LAND REGISTRATION Q: What is cadastral registration? A: It is a proceeding in rem, initiated by the filing of a petition for registration by the government, not by the persons claiming ownership of the land subject thereof, and the latter are, on the pain of losing their claim thereto, in effect compelled to go to court to make known their claim or interest therein, and to substantiate such claim or interest.
Q: What is the purpose of cadastral registration?
A: Here, the government does not seek the registration of land in its name. The objective of the proceeding is the adjudication of title to the lands or lots involved in said proceeding.
Q: What is the procedure in cadastral registration? A: 1. Cadastral survey 2. Filing of petition 3. Publication of notice of initial hearing 4. Filing of answer 5. Hearing of case 6. Decision 7. Issuance of decree & certificate of title
Q: What is the extent of authority of cadastral courts?
A: The cadastral court is not limited to merely adjudication of ownership in favor of one or more claimants. If there are no successful claimants, the property is declared public land.
Cadastral courts do not have the power to determine and adjudicate title to a lot already covered by homestead patent to a person other than a patentee.
Cadastral court possesses no authority to award damages.
Note: A parcel of forestland is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens system. V. SUBSEQUENT REGISTRATION Q: What is subsequent registration?
A: It is where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest.
Q: What are the rules as to the necessity and effects of subsequent registration?
A:
GR: The mere execution of deeds of sale, mortgages, leases or other voluntary documents serves only 2 purposes:
1. as a contract between the parties thereto
2. as evidence of authority to the RD to register such documents (Sec. 51, PD 1529)
XPN: Wills that purport to convey or affect a registered land.
Note: It is only the act of registering the instrument in the RD of the province or the city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned (Sec. 51, PD 1529).
The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process. (Sec. 52, PD 1529)
Q: Is mere registration in the entry or day book of the deed of sale without the presentation of the duplicate certificate enough to effect conveyance? A: It depends. No, in case of voluntary transfer.
Reason: Such is the willful act of the owner. It is
presumed that he is interested in registering the instrument.
Yes, in case of involuntary transfer.
Reason: Such registration is contrary to the
interests of the owner. Mere entry is enough.
Note: The fact that no transfer certificate of title has as yet been issued by the RD in the name of the vendor, cannot detract from the rights of a purchaser for value and in good faith entitled to the protection of law, once the deed of sale has been recorded in the day book. What remains to be done lies not within his power to perform.
When a land subject of a sale is registered in the name of the purchaser, registration takes effect retroactively as of the date the deed was noted in the entry book by the RD. Q: Differentiate voluntary from involuntary dealings in land? A: VOLUNTARY DEALINGS INVOLUNTARY DEALINGS Concept Refer to deeds, instruments or documents which are the results of free and voluntary acts of the parties thereto Refer to such writ, order or process issued by a court of record affecting registered land which by law should be registered to be effective, and also to such instruments which are not the willful acts of the registered owner and which may have been executed even without his knowledge or against his consent Kinds 1. Sale 2. Real property mortgage 3. Lease 4. Pacto de retro sale 5. Extra‐judicial settlement 6. Free patent / homestead 7. Powers of attorney 8. Trusts 1. Attachment 2. Sale on execution of judgment or sales for taxes 3. Adverse claims 4. Notice of lis pendens Effects of Registration An innocent purchaser for value of registered land
becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owner’s duplicate certificate of title covering the land sold and pays the registration fees
Entry thereof in the day book of the RD is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the RD
Requirement to present title Need to present title to record the deed in registry and
to make memorandum on title
No presentation required; annotation in entry book is sufficient
VOLUNTARY DEALINGS
Q: Must voluntary dealings be registered?
A: No. Registration is not a requirement for validity of the contract as between the parties. However, the act of registration shall be the operative act to convey or affect the land insofar as third parties are concerned. (Agcaoili Reviewer,
p. 276, 1999 ed)
Q: What are the requirements for registrability of deeds and other voluntary acts of conveyance?
A: PIPE
1. Presentation of owner’s duplicate certificate whenever any duly executed voluntary instrument is filed for registration;
2. Inclusion of one extra copy of any document of transfer or alienation of real property, to be furnished to the city or provincial assessor;
3. Payment of prescribed registration fees and requisite doc stamps; and
4. Evidence of full payment of real estate tax as may be due.
Q: What is the effect of registration of such voluntary dealings?
A: It:
1. creates a lien that attaches to the property in favor of the mortgagee; and 2. constitutes constructive notice of his interest in the property to the whole world. B. INVOLUNTARY DEALINGS Q: Must involuntary dealings be registered? A: Yes. It is the act of registration which creates a constructive notice to the whole world of such instrument or court writ or process and is the operative act that conveys ownership or affects the land insofar as third persons are concerned.
(Aquino, p. 185, 2007 ed) ATTACHMENT Q: What is attachment?
A: It is a writ issued at the institution or during progress of an action commanding the sheriff to attach the property, rights, credits, or effects of the defendant to satisfy demands of the plaintiff.
SALE ON EXECUTION
Q: What is sale on execution?
A: A sale of property by the sheriff under authority of a court's writ of execution in order satisfy an unpaid obligation. ADVERSE CLAIM Q: What is adverse claim? A: It is a notice to third persons that someone is claiming an interest on the property or has a better right than the registered owner thereof, and that any transaction regarding the disputed land is subject to the outcome of the dispute. Q: When is a claim of interest adverse? A: 1. Claimant’s right or interest in registered land is adverse to the registered owner; 2. Such right arose subsequent to the date of original registration; or
3. No other provision is made in the decree for the registration of such right or claim. Q: What are the formal requisites of an adverse claim for purposes of registration? A: WNR
1. Adverse claimant must state the following in Writing:
a. his alleged right or interest; b. how and under whom such alleged
right of interest is acquired; c. description of the land in which the
right or interest is claimed; and d. certificate of title number
2. Such statement must be signed and sworn to before a Notary public; and 3. Claimant shall state his Residence or
place to which all notices may be served upon him. Q: How are adverse claims registered? A: By filing a sworn statement with the Register of Deeds of the province where the property is located, setting forth the basis of the claimed right together with other data pertinent thereto.
(Agcaoili, p. 538, 2006)
Note: Entry of the adverse claim filed on the day book is sufficient without the same being annotated at the back of the corresponding certificate of title