CADASTRAL REGISTRATION
‐ Same as the original registra�on of �tle, it just that, the ini�a�on to have the land �tle would come from the gov’t itself
‐ In an original registra�on, it is an individual who would file a pe��on before the court for registra�on alleging OCENCO
‐ For cadastral proceeding, what happens is that the President of the PH directs the Director of Lands to cause the survey of the property for the interest of the public or in furtherance of the public interest
‐ Upon the direc�on of the President, they (RD?) would schedule the survey of the property ‐ Prior to the survey of the property, there are certain requirements that should to be complied
with for purposes of: ‐ due process ‐ Encourage the par�es who may have a claim to file “or take part in the cadastral survey”
1. Survey ‐ determine the metes and bounds (assuming there are 3 or 4 persons claiming interests, each person will assert the extent of his interest over the property)
‐ No�fy all person/s who may have a claim over the property ‐ Publica�on of the date of the cadastral survey in OG ‐ Pos�ng in a conspicuous space on the lands affected ‐ No�ce to the Mayor, Brgy. Captain, Sangguinang Panlalawigan, Sangguniang Bayan
2. Filing of Pe��on
‐ Filed by OSG (some�mes, Director of Lands) ‐ Contains:
‐ Descrip�on of the property ‐ Accompanied by a plan, which is the result of the cadastral survey ‐ If the land consists of 2 or more parcels being occupied by different persons, their
respec�ve metes and boundaries should be indicated ‐ Indicate the por�on ‐ Northern, Eastern, Western and Southern part of the land (can be
seen in the cadastral survey, you just have to reiterate the result of the said survey in the pe��on)
3. No�ce of Hearing
‐ Set by the court ‐ Court will direct the Assistant Clerk of Court of the Land Registra�on Authority to send No�ces of
Hearing ‐ No�ce of Hearing should be published once in the OG and once in the newspaper ‐ Registra�on in OG is sufficient for the court to acquire jurisdic�on ‐ Publica�on in the OG and newspaper is necessary and indispensable for the grant of
right over the property ‐ Mailing of the No�ce ‐ Pos�ng of the No�ce of Hearing in a conspicuous place in the Municipality and in the property
‐ Difference in orig registra�on and cadastral registra�on = necessity to file an Answer ‐ In orig registra�on, OSG has the discre�on to file an opposi�on or not
‐ Not filing would result to order of general default ‐ Cadastral registra�on, it is impera�ve for the person claiming an interest to file an
answer ‐ Because the filing of an answer is treated as a claim or applica�on for
registra�on of the property ‐ Under the Property Registra�on Decree, there are indispensable facts that need
to be alleged in the Answer ‐ Age of the claimant ‐ Cadastral # of the lot/s claimed as appearing in the cadastral survey and
the block number, as the case may be ‐ Name of the barrio or municipality ‐ Names and addresses of the owners adjoining lots as known to the
claimant (purpose: to be able to no�fy them because the claimed lot might encroach their lots)
‐ If the claimant is in possession of the land and can show no express grant by the gov’t to his PII, the Answer should state the length of �me of the said possession, and allega�on of OCENCO
‐ If not in possession, the Answer should only set forth the basis of his right or interest
‐ If the lots has been assessed for taxa�on, the latest assessed value should be stated
‐ If there are certain encumbrances, such shall be carried over in the �tle 3. Hearing per se: Trial on the Merits
‐ It is impera�ve for the person claiming rights or interests to show or prove that he has always been in OCENCO of the property
‐ Submit sufficient evidence to support his claim ‐ If the court is sa�sfied that the property should be registered under the name of the claimant, it
will award the property to him. ‐ However, if the applicant failed to sa�sfy the court, the court will affirm that the property is
owned by the gov’t, and the concept of res judicata will apply. ‐ The concept of res judicata will apply because it is a judgment binding the whole world
‐ The process of 30‐day and 1‐year period will also be observed as regards to the issuance of cer�ficate of �tle
Doctrines :
‐ In a cadastral proceedings any person claiming any interest in any part of the lands object of the pe��on is required by Sec�on 9 of Act No. 2259 to file an answer on or before the return day or within such further �me as may be allowed by the court, giving the details required by law, such as:
1. Age of the claimant;
2. Cadastral number of lot or lots claimed, or the block and lot numbers, as the case may be
3. Name of the barrio and municipality, township or se�lement in which the lots are situated
4. Names of the owners of adjoining lots; 5. If claimant is in possession of the lots claims and can show no express grant of the land
by the Government to him or to his predecessors‐in‐interest, the answer need state the length of �me property was held in possession and the manner it was acquired, giving the length of �me, as far as known, during which his predecessors, if any, held possession;
6. If claimant is not in possession or occupa�on of the land, the answer shall set forth the interest claimed by him and the �me and manner of its acquisi�on;
7. If the lots have been assessed for taxa�on, their last assessed value; and 8. Encumbrance, if any, affec�ng the lots and the names of adverse claimants as far as
known.
‐ In the absence of successful claimants, the property is declared public land. ‐ A cadastral proceeding is one in rem and binds the whole world. Under this doctrine, par�es
are precluded from re‐li�ga�ng the same issues already determined by final judgment ‐ Survey plans should be approved by the Director of Lands, not by Land Registra�on Commission
(mandatory) ‐ Owner who possesses a se�led and adjudicated �tle of his land CANNOT be deprived of the
�tle through another similar se�lement and adjudica�on ‐ In cadastral cases, jurisdic�on of the court over l ands already registered is LIMITED to the
necessary correc�on of technical errors in the descrip�on, provided such correc�on does not impair substan�ve rights
‐ The decision on the land being a public land does not preclude over same applicant from seeking judicial confirma�on of �tle especially if he has performed all the condi�ons essen�al to en�tle the applicant to a confirma�on of imperfect �tle
‐ The founda�on principle upon which the doctrine of res judicata rests is that par�es ought not to be permi�ed to li�gate the same issue more than once; that, when a right or fact has been judicially tried and determined by a court of competent jurisdic�on, or an opportunity for such trial has been given, the judgment of the court, so long as it remains unreversed, should be conclusive upon the par�es.
PATENTS
‐ Patent is being issued by the gov’t ‐ Before the reason why there is issuance of homestead patent is to give the farmers an
opportunity to acquire lands ‐ There should be cul�va�on ‐ Use of the property should be for your own benefit, not for the benefit of another person
‐ Empower the farmers/recipient ‐ Cannot be disposed for a certain period of �me ‐ Gov’t will impose restric�ons ‐ as to disposi�on ‐ If disposed within the restricted period, the consequences are:
‐ The subsequent registra�on of the owner will not be registered ‐ Property might be taken back by the gov’t because the purpose is defeated
‐ The �tle itself provided the restric�ons imposed by the gov’t (Memorandum of Encumbrance) ‐ All restric�ons must be complied with ‐ A�er the period of encumbrance, such may be removed by the grantee ‐ Titles issued are also indefeasible and incontrover�ble as long as the condi�ons are complied
with NOTE: A�y. said read the provisions given in the syllabus Doctrines :
‐ Where land is granted by the government to a private individual, the corresponding patent therefore is recorded, and the cer�ficate of �tle is issued to the grantee; therea�er, the land is automa�cally brought within the opera�on of the Land Registra�on Act, the �tle issued to the grantee becoming ENTITLED TO ALL THE SAFEGUARDS provided in Sec�on 38 of the said Act .
‐ In a cadastral case, the court has NO JURISDICTION to decree again the registra�on of land already decreed in an earlier case; and that a second decree for the same land would be null and void. Had the patent had been issued during the pendency of the registra�on proceedings, the situa�on would be different.
‐ One cannot claim �tle by invoking judicial confirma�on of imperfect �tle when land has been declared public land
‐ RES JUDICATA (declara�on of public land) applies. ‐ The fact that he filed a homestead applica�on over the property is an ADMISSION that
their possession was NOT in the concept of an owner (because the State owns it)
Land Registra�on Law Public Land Law (Homestead Registra�on)
There exists already a �tle which is to be confirmed by the court
Presump�on is that the land applied for pertains to the state
Court may dismiss the applica�on with or without prejudice to the right to file a new applica�on for registra�on (only risk is for the applica�on to be denied)
Court has power to adjudicate land in favor of any of the conflic�ng claimants (there is risk of losing the land applied for)
‐ if lands are not proven to be of private ownership, it is presumed that all lands belong to the state.
It is the DENR Sec who declares whether a land is alienable and disposable and not CENRO. ‐ The 1987 cons�tu�on PROHIBITS corpora�on from ACQUIRING land of the PUBLIC DOMAIN.
DECREE OF REGISTRATION and CERTIFICATION OF TITLE
‐ Characteris�cs of a Torrens Title ‐ Reitera�on: even if the property is registered in the name of 1 spouse, acquired during the
marriage, the status of the property is conjugal ‐ Default rule: there is no specifica�on or indica�on that the property is a paraphernal property,
the presump�on is that, the property forms part of the conjugal or community of property of the par�es
‐ A cert of �tle will not be issued unless all taxes have been duly paid by the par�es ‐ RP taxes enjoy preferen�al treatment as regards the RP encumbrances over the RP (Art. 2242 of
NCC) ‐ In cert of �tle, improvements covered by the �tle are protected by law
‐ Can you cause the registra�on of an immovable as a separate property? ‐ Can you treat it as movable property? ‐ Can you register it as cha�el mortgage? ‐ Yes, but it is only binding bet. The par�es involved based on the principle of estoppel
Doctrine :
‐ Where BOTH the area and the boundaries of the immovable are declared , the area covered within the boundaries of the immovable PREVAILS OVER the stated area
‐ In cases of conflict between areas and boundaries , it is the la�er which prevails ‐ What really defines a piece of ground is NOT the area, calculated with more or less
certainty, men�oned in its descrip�on, but the boundaries therein laid down, as enclosing the land and indica�ng its limits
‐ In a contract of sale of land in a mass, the specific boundaries stated in the contract must control over any statement with respect to the area within its boundaries
‐ Art 1542 admits of an EXCEPTION: The use of "more or less" or similar words in designa�ng quan�ty covers ONLY a reasonable excess or deficiency A vendee of land sold in gross or with the descrip�on " more or less " with reference to its area does NOT thereby ipso facto take all risk of quan�ty in the land
‐ “ more or less ” About; substan�ally; or approximately; implying that both par�es assume the risk of any ordinary discrepancy intended to cover slight or unimportant inaccuracies in quan�ty; and are ordinarily to be interpreted as taking care of unsubstan�al differences or differences of small importance compared to the whole number of items transferred
‐ For Prescrip�on ‐ RTC failed to consider that the ac�on filed was not simply for or reconveyance
but an ac�on for quie�ng of �tle which is imprescrip�ble. ‐ If the plain�ff, as the real owner of the property also remains in possession of the
property, the prescrip�ve period to recover �tle and possession of the property does not
run against him. In such a case, an ac�on for reconveyance, if nonetheless filed, would be in the nature of a suit for quie�ng of �tle, an ac�on that is imprescrip�ble.
‐ For Laches ‐ inapplicable where the ac�on was filed within the prescrip�ve period provided by law. Therefore, laches will not apply to this case, because respondents' possession of the subject property has rendered their right to bring an ac�on for quie�ng of �tle imprescrip�ble and, hence, not barred by laches.
‐ No �tle to registered lands in deroga�on of the rights of the registered owner shall be acquired by prescrip�on or adverse possession.
‐ Sec. 3 Rule 46 of ROC does not require that all suppor�ng papers and documents be duplicate originals or cer�fied true copies. What it directs is that all pe�tons shall be accompanied of a clearly legible duplicate original or cer�fied true copy of JUDGMENT, ORDER OR RESOLUTION or RULING. Other relevant documents may be mere machine copies thereof.
‐ Mirror Principle : person dealing with registered property need not go beyond, but only has to rely on, the �tle of his predecessor‐in‐ interest
‐ RoD enjoys the presump�on of regularity in the performance of official duty ‐ GEN RULE: a forged or fraudulent deed is a nullity and conveys no �tle
‐ EXCEPTION: there are instances when such a fraudulent document may become the root of a valid �tle. Such as where the cer�ficate of �tle was already transferred from the name of the true owner to the forger, and while it remained that way, the land was subsequently sold to an innocent purchaser. For then, the vendee had the right to rely upon what appeared in the cer�ficate
‐ If a cert. of �tle HAS NOT BEEN LOST but in fact is in possession of another person, the recons�tuted �tle is void and the cert. that is not lost shall prevail. Sec. 46 of LRA‐ no �tle to registered land in deroga�on to that of the registered owner shall be acquired by prescrip�on or adverse possession.
‐ HOWEVER, heirs slept through their rights as it was shown that Salcedo was in possession of the lot since 1978 and it was only in 1992, 45 years a�er that heirs exercised their right to claim the lot via a pe��on. Equitable defense of laches is jus�fied.
‐ Equitable defense of laches requires four elements:
‐ 1. conduct of defendant whch gives rise to a complaint where such seeks a remedy. ‐ 2. Delay in asser�ng complainant’s rights ‐ 3. Lack of knowledge or no�ce on the defendant to which complainant would assert his
right ‐ 4. Injury or prejudice on the defendant if relief is accorded to the complainant
‐ Nowhere in B.P. 129 does it alllow CA exclusive ORIGINAL jurisdic�on to land registra�on cases. CANCELLATION OF TITLE CANNOT BE AN INCIDENT to recons�tu�on of �tle. It is not valid as it cannot be collaterally a�acked. LRA also has no jurisdic�on as nowhere in BP 129 does it state that LRA has authority to cancel a �tle.
‐ An ac�on or proceeding is deemed an a�ack on a �tle when its objec�ve is to nullify the �tle.
‐ The a�ack is direct when the objec�ve is to annul or set aside such judgment, or enjoin its enforcement.
‐ On the other hand, the a�ack is indirect or collateral when, in an ac�on to obtain a different relief, an a�ack on the judgment is nevertheless made as an incident thereof.
‐ mere registra�on of a sale in one's favor does not give him any right over the land IF THE
VENDOR WAS NOT ANYMORE THE OWNER OF THE LAND HAVING PREVIOUSLY SOLD THE SAME TO SOMEBODY ELSE even if the earlier sale was unrecorded. Because the purchaser of unregistered land at a sheriff’s execu�on sale only steps into the shoes of the judgment debtor and merely acquires the judgment debtor’s interest as of the �me the property is levied upon. In short, Radiowealth can no longer hold onto the fact that it bought the unregistered land in the execu�on sale because at the �me sale ensued, the property no longer belonged to Castro.
A�er this topic, A�y. Aguilar jumped to Spli�ng, Consolida�on and Subdivision SPLITTING, CONSOLIDATION and SUBDIVISION
‐ Spli�ng and consolida�on ‐ File a pe��on before the RD
‐ Spli�ng ‐ for the cancella�on of the consolidated �tle and request for the issuance of separate �tles
‐ Consolida�on ‐ cancella�on of the different �tles and request for the issuance of only 1 �tle
‐ Old rule: court approval is required, now ‐ just request it to the RD ‐ RD will cause a survey to ensure that there will be no encroachment
‐ Owner of big parcel of land with no subdivision ‐ There is a mother �tle available that covers the en�re property ‐ In case you want to sell just a por�on/s, file a pe��on before the LRA or RD, reques�ng
for subdivision ‐ Cadastral survey ‐ metes and boundaries, division (how the pe��oner would want to
divide) ‐ There will be separate �tles to be issued by RD ‐ Owner’s duplicate copy ‐ states that he or she is a co‐owner
‐ If there is no subdivision and you want to annotate, let’s say a mortgage, RD will require the other co‐owners to surrender their duplicate copies of the mother �tle
‐ Eg. A B C and D are owners of Lot X, A subsequently mortgage his right over the property (remember, if there is no subdivision, you do not know which specific por�on you own in the property) and wants to annotate it in the mother �tle, RD will require B C and D to surrender their duplicate copies of the mother �tle
‐ So it is really be�er to subdivide a property ‐ RD does not have a specific �me to answer the requests
‐ Remember: ‐ In spli�ng, the lots may be located in different places (different parcels; lots are not
necessarily adjacent) but covered by 1 �tle while in subdivision, there is just a huge parcel of land to be subdivided
‐ Subdivision ‐ it cannot be granted without a cadastral survey ‐ Consolida�on ‐ surrender all the cert of �tle ‐ Spli�ng ‐ surrender the orig �tle
‐ Expensive process ‐ In spli�ng, if the other owners do not want the spli�ng of �tle, the applicant may apply for
par��on SUBSEQUENT REGISTRATION
‐ When we speak of Subsequent Registra�on, we are actually talking about the Voluntary and Involuntary Dealings
Voluntary Dealings
‐ Transac�ons wilfully and voluntarily entered into by the owner of the property ‐ Eg. Sale the Property
‐ Payment of a considera�on ‐ Execute a deed of absolute sale ‐ Under the law on sales, the primary difference between the condi�onal sale and
absolute sale, there is a reserva�on of ownership in the name of the vendor ‐ It is important for the par�es to enter into legal forms required by law
‐ Legal forms such as deed of dona�on, deed of absolute sale ‐ Forms which convey, transfer, one’s right or interest in favor of another person
‐ A�er the execu�on of legal forms, the process does not end there ‐ These legal forms, unless they have been registered, are valid only between the par�es,
it will not affect 3rd persons ‐ In order for such forms to be valid and binding as to 3rd persons, you need to register it
to the RD ‐ Before the registra�on, there is a process in between
‐ Payment of the appropriate taxes ‐ CGT, DST, Donor’s Tax, Estate Tax ‐ If not paid, registra�on will be denied ‐ There should be a clearance from BIR ‐ Assessed value is lower than the agreed price (sale) ‐ In prac�ce, in helping your client to mi�gate the amount of tax to be paid
‐ Ask them to prepare the original contract to see the agreed price ‐ Execute a 2nd deed that states the assessed value ‐ this deed will be the
one to be filed for purposes of assessment of tax
‐ If you are for the vendor, do not agree to pay the CGT and DST because it will lower your take home money, so if you will be the one to pay the taxes, increase the purchase price
‐ If you are for the vendee, try to nego�ate. Lower the price because of the taxes to be paid
‐ Once the taxes are paid, go to RD for registra�on ‐ RD will not cause the registra�on unless the owner’s duplicate of �tle is surrendered ‐ Surrender it first because it needs to be cancelled before RD issues a new one
‐ A�er surrendering, the registra�on will commence ‐ Registra�on day is the conclusive day of the conveyance, It is not the date stated in the
deed of sale ‐ RD will stamp the old �tle ‘cancelled’, and will issue a new one to the vendee/buyer ‐ If only a por�on of the property is sold:
‐ If there is only 1 owner ‐ Alleged it in the prayer ‐ there shall be an approved subdivision survey plan for subdivision ‐ Surrender the owner’s copy of CT
‐ If there are co‐owners (There is an undivided interest) ‐ If par�es want to have separate �tles, cause par��on by having a survey
plan ‐ Give the survey plan to the RD ‐ Pay the taxes ‐ Issuance of respec�ve �tles
‐ If RD issues a Transfer of Cert of Title, it should indicate the date to which it is registered because under our rules, we follow the ‘first registrant doctrine’
Involuntary Dealings
‐ Encumbrances that would affect the interests and rights of the party, and which are directed upon the property
‐ Transac�ons that may affect the rights of an individual over the property ‐ Eg. adverse claim, pending pe��on, no�ce of lis pendens, a�achment, levy ‐ Should be annotated in the �tle ‐ simply go to the RD and show the interest that you have to
cause the necessary annota�on ‐ It appears in the �tle as ‘memorandum’ with a short descrip�on and entry number ‐ These dealings shall be made only with the RD ‐ If the mortgage annotated in the �tle has already been paid, you cannot simply go to RD and
have in cancelled. You need to file a pe��on before the court for the cancella�on of encumbrance
‐ It is the duty of the land registra�on court to determine if there is a sufficient basis to cancel the encumbrance, and procedure would be:
‐ Pos�ng & publica�on ‐ The court may have the par�es cause the publica�on and the mailing of the
no�ce of hearing
‐ Pos�ng in a conspicuous place ‐ Place where the property is ‐ Municipality ‐ Office of the clerk of court
Judicial Foreclosure ‐ covered by Rule 68
‐ Happens upon filing of a pe��on before the court (regular court) ‐ Indicate the right or interest over the property ‐ When did the obliga�on became due ‐ Other proof (demand le�er, etc.)
‐ If found that the pe��on is sufficient in form and substance, there will be a hearing ‐ If the judge is sa�sfied, he will order the mortgagor to pay the obliga�on, giving him a period of
not less than 90 days but not more than 120 days to pay ‐ A�er the lapse of 120 days, if there is s�ll no payment of the obliga�on, the Court will schedule a
foreclosure (public auc�on) of the property ‐ Necessary pos�ng and publica�on shall be made
‐ Time of the public auc�on is very important to be posted/published because any transac�on beyond the �me stated will be considered null and void
‐ A�er the public auc�on, the property would be awarded to the highest bidder ‐ There will be an order of ‘confirming sale’ (crucial �me) ‐ Once there is an order ‘confirming sale’, the mortgagor can no longer buy back the property
(equity of redemp�on) ‐ Highest bidder needs to go to the RD to request for the cancella�on of the old �tle and issuance
of the new �tle ‐ Once the �tle has already been issued, the pe��on for a writ of possession can already be
applied (separate ac�on) ‐ Issuance of the writ ‐ ministerial duty of the court ‐ Nature of the writ ‐ ministerial and ex parte
Extrajudicial Foreclosure ‐ covered by Act 135
‐ Applicable when there is a provision in the contract authorizing or giving the mortgage full right to cause the foreclosure of the property in case of non‐payment
‐ SPA ‐ no longer needed ‐ Procedure:
‐ File a pe��on to the Office of the Execu�ve Judge or Office of the Clerk of Court (OCC) ‐ Office of the clerk of court because he acts as an ex officio sheriff ‐ Why ex officio sheriff? Because the conduct of the foreclosure lies in the hands
of a sheriff ‐ OCC will raffle the pe��on to a par�cular sheriff who would schedule the appropriate
public auc�on of the property ‐ Prior to the public auc�on, there should be a pos�ng
‐ Not less than 20 days
‐ Purpose: not only to inform/warn people who have claim, but also to a�ract people who may want to take part in the public auc�on
‐ If the value of the property is more than 400K, there should be a publica�on ‐ 3 consecu�ve publica�on in a newspaper
‐ Conduct of the public auc�on ‐ Go for the issuance of Cert of Sale ‐ The 1 year period for right of redemp�on will commence once the cert of sale is
registered (banks = 3 months) ‐ During the 1 year redemp�on period ‐ the property may be in the possession of
the mortgagor because he is s�ll the owner of the property however his right is subject to condi�on
‐ The highest bidder may exercise possession within the 1 year redemp�on period if he pays for bond
‐ Redemp�on Price???? ‐ A�er 1 year with no redemp�on, pray for the cancella�on of �tle before the RD ‐ Issuance of new �tle ‐ Writ of possession (ministerial)
‐ If the possessor does not want to leave the property, you can ask the court for “break open”, meaning you can forcibly enter the property. You can also ask the court for a demoli�on order
‐ Not unlawful detainer because the possession involved is by mere tolerance Doctrines :
‐ Indefeasibility of Torrens Title ‐ A Torrens �tle, once registered, cannot be defeated by prescrip�on ‐ Title, once registered, is no�ce to the world ‐ One who buys from registered owner need not look beyond CT ‐ One who buys from a non‐registered owner is expected to examine CT and all
surrounding factual circumstances prior to purchase. Failure to exercise cau�on makes him a buyer in bad faith
‐ Torrens Act permits a forged transfer, when duly entered in the registry, to become the root of a valid �tle in a bona fide purchaser, so long as transfer was made through an instrument executed by the owner himself
‐ The innocent purchaser for value protected by law is one who purchases a �tled land by virtue of a deed executed by the registered owner himself, not by a forged deed
‐ GR: mortgagor should be the absolute owner of the property to be mortgaged; otherwise, the mortgage is considered null and void
‐ EX: doctrine of mortgagee in good faith ‐ even if the mortgagor is not the owner of the mortgaged property, the mortgage
contract and any foreclosure sale arising therefrom are given effect by reason of public policy. This principle is based on the rule that all persons dealing with
property covered by a Torrens Cer�ficate of Title, as buyers or mortgagees, are not required to go beyond what appears on the face of the �tle.
‐ The prevailing jurisprudence is that a mortgagee has a right to rely in good faith on the cer�ficate of �tle of the mortgagor to the property given as security and in the absence of any sign that might arouse suspicion, has no obliga�on to undertake further inves�ga�on.
‐ GR ‐ upon proper applica�on and proof of �tle, the issuance of the writ of possession to the purchaser of the foreclosed property at a public auc�on sale becomes a ministerial duty of the court.
‐ EX: when the foreclosed property is in the possession of a third party holding the same adversely to the defaul�ng debtor, then the issuance by the RTC of a writ of possession cease to be ministerial and may no longer be dome ex parte.
‐ such 3rd party is not without remedy. He may file: ‐ a terceria to determine whether the Sheriff had rightly or wrongly taken hold of
the property not belonging to the judgment debtor or obligor; and ‐ an independent "separate ac�on" to vindicate his claim of ownership and/or
possession over the foreclosed property A mortgagee also has a right to rely on the face of the �tle and in the absence of anything to
excite suspicion, it is not bound to look beyond the cert. ‐ Pendency of the civil ac�on does NOT BAR the issuance of a Writ of Possession
‐ GEN RULE : Issuance of a Writ of Possession is a ministerial func�on of the court ‐ once the �tle to the property has been consolidated in the buyer’s name upon
failure of the mortgagor to redeem the property within the one‐year redemp�on period, the writ of possession becomes a ma�er of right
‐ As a ministerial func�on, the judge need not look into the validity of the mortgage or the manner of its foreclosure, as these are ques�ons that should properly be decided by a court of competent jurisdic�on in the pending case
‐ EXCEPTIONS to the rule (did NOT apply here) ‐ Gross inadequacy of purchase price ‐ Third party claiming right adverse to debtor/mortgagor ‐ Failure to pay the surplus proceeds of sale to mortgagor
‐ Due process was given. Issuance of a writ of possession is an ex parte pe��on , a non‐li�gious proceeding where the relief is granted without requiring an opportunity to be heard for the person from whom relief is sought
‐ Where land is granted by the government to an individual, the patent therefore is recorded, and the cer�ficate of �tle is issued to the grantee ;
‐ therea�er, the land is automa�cally brought within the opera�on of the Land Registra�on Act, the �tle issued to the grantee becoming ENTITLED TO ALL THE SAFEGUARDS provided in Sec�on 38 of the said Act .
‐ Assuming that there is a proper case for cancella�on due to intrinsic fraud , the ac�on for review of the decree should have been filed BEFORE the 1 year period had elapsed
‐ Therea�er, the proper party to bring the ac�on would only be the person prejudiced by the fraudulent act (owner/grantor ‐ NOT another applicant )
‐ Upon expira�on of 1 year from the issuance, the Cert of Title shall become IRREVOCABLE and INDEFEASIBLE , like a cer�ficate issued in a registra�on proceeding
‐ Dayanghirang’s �tle was registered in 1956. Lahora filed this case 9 years a�er ‐ In a cadastral case , the court has NO JURISDICTION to decree again the
registra�on of land ALREADY DECREED in an earlier case . ( 2nd decree VOID) ‐ Had the patent been issued during the pendency of the registra�on
proceedings , the situa�on would be different. ‐ The fact that he filed a homestead applica�on over the property is an ADMISSION that their
possession was NOT in the concept of an owner (because the State owns it) ‐ NOT ENOUGH for PENRO/CENRO or the Geode�c Engineer to cer�fy that land is alienable &
disposable (CENRO is NOT the official repository/custodian of the issuances of the DENR Sec declaring lands as A & D)
‐ Applicant must prove that the DENR Secretary had approved the classifica�on ‐ 1987 cons� PROHIBITS corpora�ons from ACQUIRING lands of the PUBLIC DOMAIN .
‐ But SC has allowed corporate registra�on for land which was already private (provided the land was already private land by opera�on of law; s tatutory acquisi�ve prescrip�ve period of 30 years had lapsed )
‐ GR: A pe��on for the issuance of a writ possession may NOT be consolidated with any other ordinary ac�on. It is well‐se�led that a pe��on for the issuance of a writ of possession is ex‐parte, summary and non‐li�gious by nature; which nature would be rendered nugatory if such pe��on was to be consolidated with any other ordinary civil ac�on.
‐ EXC: (“ACTIVE WOOD DOCTRINE”) When the rights of a purchaser in an extrajudicial foreclosure sale would be prejudiced, especially since the la�er already adduced its evidence in support of his applica�on for a writ of possession, consolida�on of the two cases may righ�ully be denied. Consolida�on should NOT be allowed when doing so would actually lead to more delay in the proceedings and thus “defeat the very ra�onale of consolida�on.
‐ In the case of ESPINOZA, the Court further qualified such excep�on and stated that the consolida�on of an ac�on for the annulment of the extrajudicial sale with a pe��on for the issuance of a writ of possession should be DENIED if the la�er pe��on was filed AFTER the expira�on of the one‐year redemp�on period and a�er the purchaser had already consolidated his �tle over the auc�oned property. This is because when �tle to the li�gated property had already been consolidated in the name of the purchaser, the issuance of a writ of possession becomes A MATTER OF RIGHT.
RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE
‐ A�y. prefers the recons�tu�on when the original, which is in the possession of the RD, is the one that is missing/lost/destroyed
‐ If it is the owner’s copy that is missing, re‐issuance of owner’s duplicate is preferred Recons�tu�on
‐ For the recons�tu�on ‐ in possession of RD:
‐ Common problem ‐ destroyed by fire, flood, destroyed by calamity ‐ Primary basis if you are asking for the recons�tu�on is the owner’s duplicate of �tle. It is the
best proof that you can show to the court that a certain �tle is exis�ng ‐ Procedure:
‐ No�fy under oath the RD of the fact of lost/destruc�on ‐ RD will issue a cer�fica�on of the fact of lost/destruc�on of the orig �tle ‐ File a pe��on before the court alleging:
‐ the names of the persons who have interests/rights over the property ‐ Basis for the recons�tu�on, which would be the owner’s duplicate or any other
docs ‐ If the basis is other than the owner’s duplicate, the document should be
accompanied by a survey plan with the technical descrip�on duly approved by LRA or the Director of Lands
‐ If the pe��on is found be sufficient in form and substance, the Court will issue an order direc�ng the Clerk of Court or the Clerk of LRA to issue a no�ce of hearing
‐ Publica�on of the no�ce of hearing in the OG for 2 consecu�ve publica�on ‐ Pos�ng:
‐ @ the entrance of the municipal, provincial or city bldg ‐ Conspicuous place ‐ where the property is located ‐ Requires longer period ‐ 30 days
‐ If posted only for 25 days ‐ considered non‐compliance w/ the rule ‐ Hearing
‐ There will be marking of jurisdic�onal requirements, such as: ‐ Publica�on on OG ‐ Order of the court finding the pe��on sufficient in form and substance ‐ No�ce of hearing ‐ Cert of pos�ng ‐ It is possible that you do not have the owner’s duplicate. You may have
the true electronic copy ‐ If there are no oppositors, ex parte presenta�on of evidence will be scheduled
‐ Clerk may receive evidence when such act is delegated by the presiding judge
‐ Conduct of the hearing ‐ not essen�al or indispensable ‐ Everything should be included in recons�tuted �tle, including the encumbrances
‐ The only difference with the recons�tuted �tle and the lost/destroyed �tle is that, in the recons�tuted �tle, there is a memorandum sta�ng that in lieu of the lost/destruc�on of the orig �tle, the new �tle shall be given faith and credit as an orig �tle
‐ Recons�tu�on is not a proceeding to confirm or affirm ownership of a person ‐ Sole purpose: to issue a �tle exactly the same as the one lost/destroyed
‐ Prayer for issuance of writ of possession cannot be granted by the court because writ is a consequence of ownership
Re‐issuance
‐ Basis: the orig �tle which is in the possession of RD or the electronic copy from LRA ‐ Procedure is the same as recons�tu�on. The only difference are:
‐ Publica�on ‐ Pos�ng ‐ No cert from RD
‐ in lieu of the cer�fica�on, no�fy under oath the LRA of the fact of lost by execu�ng an affidavit of loss
‐ So when you file a pe��on, state if you are the present possessor, or if not, state the name of the possessor, and where the summons and no�ces shall be sent
‐ Circumstances surrounding the lost ‐ There is already an affidavit of lost that is already annotated in the orig �tle/true
electronic copy ‐ If the court is sa�sfied that the pe��on is sufficient in form and substance, the court will require
the Clerk to issue a no�ce of hearing ‐ There is no requirement for publica�on ‐ What is required is only No�ce to the persons need to be no�fied and no�ce to the RD ‐ Pos�ng ‐ 15 days ‐ Hearing
‐ Marking of jurisdic�onal requirements: ‐ No�ces ‐ Cert of pos�ng ‐ Affidavit of loss (would result dismissal if not complied with) ‐ Order finding the pe��on sufficient in form and substance
‐ Check if there are oppositors ‐ If the Court found that the �tle is not missing (possessed by someone else), the Court
will dismiss the pe��on ‐ The Court will forward the case to the City Prosecutor’s Office ‐ Perjury
‐ No oppositor → Ex parte proceeding → decision ‐ Decision will be final and executory 30 days from the receipt of the decision (provided by law) ‐ Remedies:
‐ Decision is not yet final and executory = Appeal ‐ within 15 days ‐ If the decision is already final and executory (fraud exists) = Pe��on for Relief from
Judgment ‐ Within 60 days from the �me you discovered the decision ‐ Not beyond 6 mos. From the entry of judgment
‐ Annulment of Judgment (fraud exists) Doctrines :
‐ Purpose of publica�on: ‐ to apprise the whole world that such pe��on is filed and whoever is minded to oppose
may do so for 30 days before the day set by the court for hearing. ‐ Vests the court w/ jurisdic�on to hear and decide the case
‐ Where there is defect in the publica�on of the pe��on, such defect deprives the court of jurisdic�on.
‐ RD was not the proper party to file the case. In a pe��on for recons�tu�on may be filed only by the registered owner, his assigns or any person who has an interest in the property.
‐ Sec. 12 and 13 states that there must be no�ce and hearing to all persons who has interest over the property. The non‐compliance to the no�ce is fatal to their pe��on.
‐ Writ of Possession is available ONLY: ‐ In a land registra�on proceeding (in rem proceeding) ‐ Extrajudicial foreclosure of a realty mortgage ‐ Judicial foreclosure of mortgage (quasi in rem), provided that the mortgagor is in
possession of the property and no 3rd person not a party to the suit intervened ‐ Execu�on sales
‐ RECONSTIUTION does NOT confirm or adjudicate ownership over the property covered by the recons�tuted �tle (compared with an original land registra�on proceedings, where a writ of possession may be issued to place the applicant‐owner in possession)
‐ Actual possessors were NOT NOTIFIED of the proceeding. No�ce by publica�on is INSUFFICIENT against them .
‐ Survey plan and technical descrip�on are NOT competent and sufficient SOURCES of recons�tu�on when the pe��on is based on Sec 2 (f), RA 26
‐ BEST PROOF OF OWNERSHIP is a posi�ve �tle ‐ Sec 2, RA 26 instead enumerates the following as SOURCES OF RECONSTITUTION :
(observed the hierarchy) ‐ Owner’s duplicate of the cer�ficate of �tle ‐ Co‐owners, mortgagees, or lessees’ duplicate of the cer�ficate of �tle ‐ Cer�fied copy of the cer�ficate of �tle, previously issued by the Register of
Deeds or by a legal custodian thereof ‐ Authen�cated copy of the decree of registra�on or patent, as the case may be,
pursuant to which the OCT was issued ‐ Document, on file in the RoD by which the property, the descrip�on of which is
given in said document, is mortgaged, leased, or encumbered, or an authen�cated copy of said document showing that its original as been registered
‐ Any other document which, in the judgment of the court, is sufficient and proper basis for recons�tu�ng the lost or destroyed cer�ficate of �tle
‐ ABSENCE of any document men�oning the NUMBER of the Cer�ficate of Title and the DATE when it was issued does NOT warrant the gran�ng of the recons�tu�on
‐ Tax declara�on can only be prima facie evidence of a claim of ownership , which is NOT the issue in a recons�tu�on proceeding
‐ Recons�tu�on of �tle does NOT pass upon the ownership of land, but merely determines whether re‐issuance of such �tle is proper
‐ Transfer cer�ficates of �tle shall be recons�tuted from such of the sources hereunder enumerated as may be available, in the following order:
1. The owner's duplicate of the cer�ficate of �tle; 2. The co‐owner's, mortgagee's, or lessee's duplicate of the cer�ficate of �tle;
3. A cer�fied copy of the cer�ficate of �tle, previously issued by the register of deeds or by a legal custodian thereof;
4. The deed of transfer or other document, on file in the registry of deeds, containing the descrip�on of the property, or an authen�cated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer cer�ficate of �tle was issued;
5. A document, on file in the registry of deeds, by which the property, the descrip�on of which is given in said document, is mortgaged, leased or encumbered, or an authen�cated copy of said document showing that its original had been registered; and
6. Any other document which, in the judgment of the court, is sufficient and proper basis for recons�tu�ng the lost or destroyed cer�ficate of �tle.
‐
RECONSTITUTION OF OWNER’S DUPLICATE OF THE CERTIFICATE OF TITLE Refer to the discussion re ISSUANCE Sec�on 109. No�ce and replacement of lost duplicate cer�ficate. In case of loss or the� of an owner's duplicate cer�ficate of �tle, due no�ce under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or the� is discovered. If a duplicate cer�ficate is lost or destroyed, or cannot be produced by a person applying for the entry of a new cer�ficate to him or for the registra�on of any instrument, a sworn statement of the fact of such loss or destruc�on may be filed by the registered owner or other person in interest and registered. Upon the pe��on of the registered owner or other person in interest, the court may, a�er no�ce and due hearing, direct the issuance of a new duplicate cer�ficate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate cer�ficate, but shall in all respects be en�tled to like faith and credit as the original duplicate, and shall therea�er be regarded as such for all purposes of this decree. Doctrines :
‐ recons�tu�on is limited to lost or destroyed Torrens cer�ficates of �tles on file with the Register of Deeds.
‐ It is a basic rule that the recons�tu�on or reconstruc�on of a cer�ficate of �tle literally denotes restora�on of the instrument which is supposed to have been lost or destroyed in its original form and condi�on.
‐ The purpose of the recons�tu�on of �tle or any document is to have the same reproduced, a�er proper proceedings in the same form they were when the loss or destruc�on occurred. If the court goes beyond such purpose it acts without or in excess of jurisdic�on.
‐ Jurisdic�on: RTCs ‐ Venue: where the property is located
‐ Sec�on 109 of P.D. 1529 is the law applicable in pe��ons for issuance of new owners duplicate cer�ficates of �tle which are lost or stolen or destroyed. On the other hand, R.A. 26 applies only in cases of recons�tu�on of lost or destroyed original cer�ficates on file with the Register of Deeds.
‐ In case the old �tle or original �tle reappears, then it will be superior over the recons�tuted �tle. It is as if no case was filed and court holds no jurisdic�on over the case. It may be a�acked any �me.
SURRENDER OF WITHHELD CERTIFICATE OF TITLE
‐ It encompasses that the owner’s duplicate needs to be surrendered to the RD, probably because there is an annota�on that should made, or the property has already been subject of other credit transac�ons, or the property was transferred
‐ Credit transac�on ‐ in case the owner’s duplicate was not surrendered or cannot be surrendered, simply file a pe��on before the court asking for the surrender of withheld �tle
‐ Court will determine if: (summary proceeding) ‐ there are sufficient grounds to withhold the �tle, or ‐ if there is a basis to compel the person to surrender the �tle
‐ If found to have sufficient grounds to compel the surrender, the court will issue an order ‐ If the person holding the �tle refused to surrender, despite the order of the court, the order
would be for the annulment of the cert of �tle + contempt ‐ So there will be a new cert of �tle with a memorandum that will state that the orig �tle
was annulled by the court because of the said withholding ‐ New �tle has the same proba�ve value as the old one
‐ Evidence are required to be surrendered Doctrine :
‐ The judgment will not be binding only as against persons other than the par�es to the suit. It is s�ll binding on the par�es (the Capules) and we hold also on the successors of such par�es (like Manila Trading Co. and Reese), par�cularly because the �tles of these successors bear the annota�on rela�ng to the lis pendens .
‐ AMENDMENT & ALTERATION
‐ Also a pe��on filed in court ‐ Common amendments
‐ Typo error ‐ Technical descrip�ons ‐ Names of the registered owner
‐ Summary proceeding ‐ Due no�ces
‐ Pos�ng ‐ Marking of jurisdic�onal requirements
‐ Basis for the amendment ‐ RD cannot make the amendments without the order of the court that is why a pe��on is
necessary to that effect (PD 1529; before, they can) Sec�on 108. Amendment and altera�on of cer�ficates. No erasure, altera�on, or amendment shall be made upon the registra�on book a�er the entry of a cer�ficate of �tle or of a memorandum thereon and the a�esta�on of the same be Register of Deeds, except by order of the proper Court of First Instance. A registered owner of other person having an interest in registered property, or, in proper cases, the Register of Deeds with the approval of the Commissioner of Land Registra�on, may apply by pe��on to the court upon the ground that the registered interests of any descrip�on, whether vested, con�ngent, expectant or inchoate appearing on the cer�ficate, have terminated and ceased; or that new interest not appearing upon the cer�ficate have arisen or been created; or that an omission or error was made in entering a cer�ficate or any memorandum thereon, or, on any duplicate cer�ficate; or that the same or any person on the cer�ficate has been changed; or that the registered owner has married, or, if registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or that a corpora�on which owned registered land and has been dissolved has not convened the same within three years a�er its dissolu�on; or upon any other reasonable ground; and the court may hear and determine the pe��on a�er no�ce to all par�es in interest, and may order the entry or cancella�on of a new cer�ficate, the entry or cancella�on of a memorandum upon a cer�ficate, or grant any other relief upon such terms and condi�ons, requiring security or bond if necessary, as it may consider proper; Provided, however, That this sec�on shall not be construed to give the court authority to reopen the judgment or decree of registra�on, and that nothing shall be done or ordered by the court which shall impair the �tle or other interest of a purchaser holding a cer�ficate for value and in good faith, or his heirs and assigns, without his or their wri�en consent. Where the owner's duplicate cer�ficate is not presented, a similar pe��on may be filed as provided in the preceding sec�on. All pe��ons or mo�ons filed under this Sec�on as well as under any other provision of this Decree a�er original registra�on shall be filed and en�tled in the original case in which the decree or registra�on was entered. Doctrines :
‐ It is se�led in Act 496 that its purpose is to se�le finally the �tle of the land registered. A decree of registra�on cannot be permanent if the limits of the land registered can be changed upon new evidence. It was incorrect to accept the new evidence and change the decree of a decree finally adjudicated upon.
‐ The controversy arising from the division of lines is an ac�on in personam and should be se�led in ordinary courts.
‐ A�er a land is registered, Court of Land Registra�on ceases to have jurisdic�on of the land and the ordinary court would have jurisdic�on of it therea�er for whatever purpose.
ADVERSE CLAIM
‐ Means you have an interest that will affect the rights or interest of another person ‐ When we speak of adverse claim, the interest we are talking about is the ownership of the
property ‐ These are personal claims ‐ A�achment is not an adverse claim as it does not pertains to ownership ‐ To cancel an adverse claim, filing of a pe��on before the court is necessary ‐ The following are the formal requisites of an adverse claim: (Sec. 110, Act 496)
1. The adverse claimant must state the following in wri�ng: a. His alleged right or interest; b. How and under whom such alleged right or interest is acquired; c. The descrip�on of the land in which the right or interest is claimed, and d. The cer�ficate of �tle number
2. The statement must be signed and sworn to before a notary public or other officer authorized to administer oath; and
3. The claimant should state his residence or the place to which all no�ces may be served upon him.
Sec�on 70. Adverse claim. Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registra�on, may, if no other provision is made in this Decree for registering the same, make a statement in wri�ng se�ng forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the cer�ficate of �tle of the registered owner, the name of the registered owner, and a descrip�on of the land in which the right or interest is claimed. The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and a place at which all no�ces may be served upon him. This statement shall be en�tled to registra�on as an adverse claim on the cer�ficate of �tle. The adverse claim shall be effec�ve for a period of thirty days from the date of registra�on. A�er the lapse of said period, the annota�on of adverse claim may be canceled upon filing of a verified pe��on therefor by the party in interest: Provided, however, that a�er cancella�on, no second adverse claim based on the same ground shall be registered by the same claimant. Before the lapse of thirty days aforesaid, any party in interest may file a pe��on in the Court of First Instance where the land is situated for the cancella�on of the adverse claim, and the court shall grant a speedy hearing upon the ques�on of the validity of such adverse claim, and shall render judgment as may be just and equitable. If the adverse claim is adjudged to be invalid, the registra�on thereof shall be ordered canceled. If, in any case, the court, a�er no�ce and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the claimant in an amount not less than one thousand pesos nor more than five thousand pesos, in its discre�on. Before the lapse of thirty days, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn pe��on to that effect.
Doctrines :
‐ It is improper for the Cadastral Court to order the surrender and/or deliver the �tle covering the Zulueta property. There is nothing in the August 10, 1978 decision of said court which authorizes the surrender and/or delivery of the �tle covering the Zulueta property. It merely required the defendants therein to contribute propor�onately to the comple�on of the plain�ffs legi�me.
‐ The judgment that has become final and executory can no longer be amended or corrected except for clerical errors and mistakes. This rule holds true regardless of whether the modifica�on is to be made by the magistrate who rendered the judgment or by an appellate tribunal which reviewed the same.
‐ While it is the act of registra�on, which is the opera�ve act that conveys or affects the land insofar as third persons are concerned, it is likewise true, that the subsequent sale of property covered by a Cer�ficate of Title cannot prevail over an adverse claim, duly sworn to and annotated on the cer�ficate of �tle previous to the sale.
‐ Annota�on of an adverse claim is a measure designed to protect the interest of a person over a piece of real property where the registra�on of such interest or right is not otherwise provided for by PD 1529, and serves as a warning to third par�es dealing with said property that someone is claiming an interest or the same or a be�er right than the registered owner thereof.
‐ Adverse claim is not ipso facto ineffec�ve a�er lapse of 30 days. Hence, law provides the need to have the adverse claim cancelled by filing a verified pe��on and a�er that, the Court s�ll may or may not order cancella�on of adverse claim.
‐ Where a party has knowledge of a prior exis�ng interest as in this case, which was UNREGISTERED AT THE TIME HE ACQUIRED A RIGHT, prior knowledge of that fact has the effect of registra�on as to him. Knowledge of unregistered sale is equivalent to a REGISTRATION.
‐ LIS PENDENS
‐ There is a pending case that affects directly the property ‐ meaning the subject of the controversy is the property itself
‐ When Lis Pendens is Proper (Sec 24, Rule 14, ROC; Sec 76, PD 1529) 1. An ac�on to recover possession of real estate; 2. An ac�on to quiet �tle thereto; 3. An ac�on to remove clouds thereon; 4. An ac�on for par��on and 5. Any other proceedings of any kind in Court directly affec�ng the �tle to the land or the use or
occupa�on thereof or the buildings thereon.
‐ No�ce of Lis Pendens The no�ce of lis pendens — i.e., that real property is involved in an ac�on — is
ordinarily recorded without the interven�on of the court where the ac�on is pending. ‐ The no�ce is but an incident in an ac�on , an extrajudicial one, to be sure. It does not
affect the merits thereof. It is intended merely to construc�vely advise, or warn, all
people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transac�on are subject to the results of the ac�on, and may well be inferior and subordinate to those which may be finally determined and laid down therein.
‐ The cancella�on of such a precau�onary no�ce is therefore also a mere incident in the ac�on, and may be ordered by the Court having jurisdic�on of it at any given �me. And its con�nuance or removal — like the con�nuance or removal of a preliminary a�achment or injunc�on — is not con�ngent on the existence of a final judgment in the ac�on, and ordinarily has no effect on the merits thereof.
‐ Cancella�on of Lis Pendens
‐ A no�ce of lis pendens may be cancelled upon order of the court, "a�er proper showing that the no�ce is for the purpose of moles�ng the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded."
Doctrines :
‐ No�ce of lis pendens is a mere cau�onary no�ce to a prospec�ve buyer or mortgagee of a parcel of land under li�ga�on, and imposes no obliga�on on the owner, but on the prospec�ve buyer. It cannot conceivably be the "lien or encumbrance" contemplated by law. All that it does is to give no�ce to third persons and to the whole world that any interest they may acquire in the property pending li�ga�on will be subject to the eventuality or result of the suit. It follows to reason, therefore, that the mere failure to state in a public document, as a notarized deed of sale, the existence of a no�ce of lis pendens does not cons�tute falsifica�on of a public document.
**Other ma�ers that do not fall under adverse claim or lis pendens ‐ encumbrance ALIENS
‐ There’s a cons�tu�onal provision that prohibits aliens in acquiring private lands, but that is not an absolute prohibi�on:
‐ Hereditary succession ‐ Former natural born ci�zens ‐ 1000 sq.m. that should be used for residen�al
Doctrines :
‐ In sales of real estate to aliens incapable of holding �tle thereto by virtue of the provisions of the Cons�tu�on both the vendor and the vendee are deemed to have commi�ed the cons�tu�onal viola�on and being thus in pari delicto the courts will not afford protec�on to either party. The proper party to assail the sale is the Solicitor General.
‐ While it took the Republic more than sixty years to assert itself, it is not barred from ini�a�ng such ac�on. Prescrip�on never lies against the State.
‐ If land is invalidly transferred to an alien who subsequently becomes a ci�zen or transfers it to a ci�zen, the flaw in the original transac�on is considered cured and the �tle of the transferee is rendered valid.
‐ Contracts are void as there was a scheme to circumvent the cons�tu�onal prohibi�on of land transfer to aliens. A lease of prop. to an alien is valid. Transfer of property is valid as long as a PH ci�zenship is obtained by an alien.THEY MAY BE GRANTED TEMPORARY RIGHTS TO USE LANDS but what is NOT ALLOWED IS A VIRTUAL TRANSFER OF OWNERSHIP TO AN ALIEN.
SUBDIVISION and CONDOMINIUMS
‐ What is important to know in this topic is who exercises jurisdic�on in case of conflict or controversy or a legal dispute
‐ HLURB’s jurisdic�on:(3 cases) ‐ involving subdivision/condo projects arises out of contract; filed by subdivision/condo buyers
‐ Unsound real estate prac�ces ‐ Claims for refund or any other monetary claims filed by the buyer against the developer ‐ Ac�on for specific performance filed by buyer
‐ However, if it is court rela�ons alleging a claim or refund, the jurisdic�on of the HLURB would only pertains for counterclaims filed by the corpora�on
‐ Compulsory Counterclaim ‐ related to the main ac�on ‐ Permissive Counterclaim
‐ not related to the main ac�on ‐ HLURB will refuse because it will be beyond their jurisdic�on to determine the
rights/obliga�ons of the par�es ‐ So most of condo corpora�ons, they file compulsory counterclaim
‐ HLRUB can only exercise jurisdic�on only when it is in the nature of counterclaim ‐ If it is the corpora�on that has a claim against a buyer ‐ the corp needs to file a pe��on before a
regular court ‐ Conflicts between the stockholders and developers ‐ should be lodged in the regular courts
Doctrines :
‐ Twin Towers (TT) would be unable to carry out its main purpose of maintaining the Condominium common areas and facili�es if members refuse to pay their dues and yet con�nue to use these areas and facili�es. To impose a temporary ban on the use of the common areas and facili�es un�l the assessments and dues in arrears are paid is a reasonable measure that TT may undertake to compel the prompt payment of assessments and dues.
‐ A Torrens �tle cannot be collaterally a�acked except when there is fraud one year a�er the issuance of a decree of registra�on. If �tle is find to be fraudulent by the Court, her right to the road lots ceases.
FRAUDULENT REGISTRATION ‐ Persons who commi�ed fraudulent acts may also be criminally liable ‐ Eg. falsifica�on of public or private docs ‐ If connived with a public officer ‐ in order to consummate the ac�on, the public officer may also
be administra�vely liable ‐ Taking of a TCT of another person ‐ the� ‐ remedies : admin (if there is a public officer involved), civil, criminal ‐ Principle Mortgagee/Purchasee in Good Faith in case of adverse claim or lis pendens‐ does not
apply ‐ Mirror Principle ‐ as regards �tle under the Torrens System
‐ Applies when you are transac�ng with another person using their �tle ‐ Provides that whatever is indicated in the �tle, it reflect the truth pertaining to that
property and anyone who transacts using the �tle, he/she is not bound to inves�gate beyond the �tle.
‐ Will not apply to banking ins�tu�ons because they are required to inves�gate as to the real status of the property
‐ Therefore the defense of good faith that the banks relied on the �tle will not be acceptable
Doctrines :
‐ Just as an innocent purchaser for value may rely on what appears in the cer�ficate of �tle, a mortgagee has the right to rely on what appears in the �tle presented to him, and in the absence of anything to excite suspicion, he is under no obliga�on to look beyond the cer�ficate and inves�gate the �tle of the mortgagor appearing on the face of the said cer�ficate.
‐ it is a well‐entrenched legal principle that when an innocent mortgagee who relies upon the correctness of a cer�ficate of �tle consequently acquires rights over the mortgaged property, the courts cannot disregard such rights. Every person receiving a cer�ficate of �tle in pursuance of a decree of registra�on, and every subsequent purchaser (or mortgagee) of registered land who takes a cer�ficate of �tle for value in good faith, shall hold the same free of all encumbrance except those noted on said cer�ficate.
‐ Void judgments may be classified into two groups: 1. those rendered by a court without jurisdic�on to do so and 2. those obtained by fraud or collusion.
In this regard, an ac�on to annul a judgment on the ground of fraud will NOT lie unless the fraud is extrinsic or collateral and facts upon which it is based have not been controverted or resolved in the case where the judgment was rendered.
‐ GEN RULE: a person dealing on a registered land need NOT go beyond its cer�ficate of �tle ‐ EXCEPTION (Applies here): where there are circumstances which would put a party on
guard and prompt him to inves�gate the property being sold to him, (e.g. presence of occupants / tenants), it is expected from the purchaser to INQUIRE first into the status of
possession of the occupants (WON they possess the land en concepto de dueo, in concept of owner)
‐ FAILURE of a buyer to take such precau�onary steps would mean negligence on his part à preclude him from claiming or invoking the rights of a purchaser in good faith.
‐ dealing with a property registered under the Torrens System and all par�es are deemed to have construc�ve no�ce of these public documents registered in the office of the Register of Deeds
‐
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