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    LTD Finals Reviewer

    Uploaded by

    Melissa Mae Cailon Marero
    This document summarizes various remedies and procedures related to land titles and registration under the Torrens system in the Philippines. It discusses motions for new trial and reconsideration, appeals, petitions for review of registration decrees, actions to quiet title, cancellation suits, actions for damages, and the land registration assurance fund. It also covers types of land patents, effects of registration, and the necessity of registering subsequent transactions to bind the land and provide notice to third parties. While buyers are expected to examine land titles, an attachment filed after a title verification would still encumber the property in a subsequent transaction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    LTD Finals Reviewer

    Uploaded by

    Melissa Mae Cailon Marero
    59 views7 pages
    This document summarizes various remedies and procedures related to land titles and registration under the Torrens system in the Philippines. It discusses motions for new trial and reconsideration, appeals, petitions for review of registration decrees, actions to quiet title, cancellation suits, actions for damages, and the land registration assurance fund. It also covers types of land patents, effects of registration, and the necessity of registering subsequent transactions to bind the land and provide notice to third parties. While buyers are expected to examine land titles, an attachment filed after a title verification would still encumber the property in a subsequent transaction.

    Original Description:

    1st Sem S.Y. 2015-2016

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    This document summarizes various remedies and procedures related to land titles and registration under the Torrens system in the Philippines. It discusses motions for new trial and reconsideration, appeals, petitions for review of registration decrees, actions to quiet title, cancellation suits, actions for damages, and the land registration assurance fund. It also covers types of land patents, effects of registration, and the necessity of registering subsequent transactions to bind the land and provide notice to third parties. While buyers are expected to examine land titles, an attachment filed after a title verification would still encumber the property in a subsequent transaction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    59 views7 pages

    LTD Finals Reviewer

    Uploaded by

    Melissa Mae Cailon Marero
    This document summarizes various remedies and procedures related to land titles and registration under the Torrens system in the Philippines. It discusses motions for new trial and reconsideration, appeals, petitions for review of registration decrees, actions to quiet title, cancellation suits, actions for damages, and the land registration assurance fund. It also covers types of land patents, effects of registration, and the necessity of registering subsequent transactions to bind the land and provide notice to third parties. While buyers are expected to examine land titles, an attachment filed after a title verification would still encumber the property in a subsequent transaction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Land Titles & Deeds

    (FINALS)
    Remedies of Parties aggrieved by
    Registration of Title

    c) If granted or denied, not


    appealable, as this is an
    interlocutory order, appeal
    the main judgment within
    15 days from receipt of
    denial (Neypes v. CA)

    Rule 37, RoC (Motion for New


    Trial/Motion for Reconsideration)

    Mode: by way of Motion in same


    case
    Rule 38, RoC

    Grounds:
    a. Fraud (actual), Accident, Mistake,
    Excusable Negligence (FAME)
    b. Newly discovered evidence
    Must be discovered after
    trial
    Could not have been
    discovered at the trial even
    with the exercise of due
    diligence
    Must be material
    c. Insufficient
    evidence
    to
    support/justify the decision
    MNT A, B, C
    MR A, C

    MNT/MR
    Period: Within 15 days from receipt of
    judgment
    Requisites:
    a) Notice to the adverse party
    b) Affidavit of merit for FAME
    &
    *newly
    discovered
    evidence
    *Attach
    the
    affidavit
    of
    witnesses & certified true
    copies of documents

    Grounds: FAME
    Period: Within 60 days of learning the
    judgment & not more than 6 months
    after judgment was rendered.
    Requisites:
    a) Affidavit of merit showing FAME
    relied upon & facts constituting a
    good cause of action or defense
    b) Available if decree of registration
    is NOT YET ISSUED.
    c) Must be applied for by a party to
    the case only
    d) But if MNR has already been
    availed of & denied by the court,
    petition for relief is no longer
    available as a remedy.

    Rule 41, RoC (APPEAL)


    Ground: Based on erroneous judgment
    Period: 15
    judgment

    days

    from

    receipt

    of

    Requisites: File Notice of appeal, pay


    appeal fees.

    Sec. 32, PD 1529 (Petition for


    Review
    of
    Decree
    of
    Registration)
    Period: Not later than 1 yr. from & after
    the date of such decree of registration.
    *If 1 yr. has lapsed, action for damages
    against any person responsible for
    fraud.
    *RTC where the land is located.

    Actual Fraud
    -Within 4 yrs. from the discovery of fraud
    (issuance of the OCT since this is the
    notice to the whole world).
    Implied/Constructive Trust
    Not in possession prescribe in 10 yrs.
    from the date when adverse title is
    asserted by the possessor.
    In possession Imprescriptible. Quieting
    of title is the remedy in this case.

    Grounds:
    a) Actual fraud

    Express Trust

    *EXCEPT if property has been


    transferred to innocent purchaser
    for Value (IPV)
    b) Want of due process, provided
    not IPV
    c) Lack of jurisdiction of the CT (e.g.
    land is not alienable)

    Imprescriptible EXCEPT if property has


    passed on to IPV & if trustee has openly
    repudiated the trust by unequivocal acts(
    e.g. he has refused to surrender , the
    lattermust now asset his title to the
    property
    to
    recover
    possession,
    prescription in 10 yrs. PROVIDED no
    fraud is employed.

    Parties who may file:

    *If fraud is present, imprescriptible.

    Any party deprived of the property or


    any interest therein due to fraud.

    NOTE: Trustee cannot asset title


    adverse to his principal; possession of a
    trustee is in effect possession of cestui
    que trust, thus it cannot be a good
    ground for a title by prescription.

    Sec.
    96,
    Reconveyance

    PD

    29,

    Period: After lapse of 1 yr. from


    issuance of decree, thus the petition for
    review no longer available, no longer
    open to review.
    Grounds:
    a) Actual fraud
    b) Trust, implied or express
    c) Void Contract

    Void Contract
    Imprescriptible as void contract cannot
    be the basis of ownership EXCEPT if
    property has been transferred to IPV.

    Quieting of Title (Art. 176,


    NCC)
    -

    Ordinary civil action


    In personam but with respect to
    res
    Conclusive only as between the
    parties
    There must be an instrument,
    record, claim, encumbrance, or
    proceedings that form a cloud of
    doubt over owners.

    Parties to file: Registered owner or


    acquisitive prescription owner; need not
    be in possession of property.

    passed on to an IPV & GF, action for


    damages against the applicant or
    person responsible.
    b) In cases
    property:

    *Case: Pino v. CA
    *Action for damages: 10 yrs.

    Cancellation Suits
    a) In cases of double sale/title

    2 certificates issued to
    different persons over
    same property.
    Certificate of earlier date
    shall prevail

    Case: Pajomayo v. Manipon, 1971

    Action for Damages (Sec. 32,


    PD 1529)
    Period: After 10yrs. from date of decree
    Grounds: If reconveyance is not
    possible due to fact that property has

    non-registrable

    Registered as public land


    or forest file ordinary
    action for cancellation of
    title.

    c) In case the CT is issued even


    prior to the finality of judgment
    (prior to 15 days from receipt of
    judgment)

    Period: Imprescriptible
    *If in possession, no need to wait until
    his possession is disturbed.

    of

    Violative of the
    process principles

    Sec.
    93-94,
    PD
    (Assurance Fund)

    due

    1529

    Grounds: (Sec. 95)


    a) Fraud
    b) Consquence of error, omission,
    mistake,
    or
    misdescription
    (FEOMM)
    Sec. 96 File against RD & National
    Treasurer if FEOMM is by employees of
    court or RD.
    *If by other parties, the RD & National
    Treasurer PLUS the person responsible
    for FEOMM as co-defendants.
    Requisites in case of insolvency of the
    party who procuted the wrongful
    registration:

    Execution of favorable judgment


    against NT & RD must be after
    exhaustion of efforts to have
    judgment satisfied versus other

    defendant/s & judgment still


    remains partially or wholly
    unsatisfied;
    Govt
    is
    then
    subrogated to rights to collect
    from other defendant. (Secs. 9799)

    Land
    Patents
    Registration)
    -

    (Administrative

    Grant lands of public domain


    (alienable
    &
    disposable
    agricultural lands)

    Case: De Guzman v. Natl Treasurer


    Sec. 103 of PD 1529
    Extent of Damage: FMV of the property
    at the time of loss or damage.
    Limitation of Action: Instituted within 6
    yrs. from time right to bring such action
    arises PROVIDED that the right of
    action shall survive to the legal
    representative of the person sustaining
    loss or damage, unless barred in his
    lifetime AND if at the time such right of
    action first accrued the person entitled to
    bring such action was a minor or insane
    or imprisoned, or otherwise under legal
    disability, such person or anyone
    claiming from, by or under him may
    bring the proper action at any time within
    two years after such disability has been
    removed, notwithstanding the expiration
    of the original period of 6 years.
    *Sec. 100 RD is a necessary party.
    Other Remedies:
    -

    Criminal action (e.g. forgery;


    perjury)
    Reversion of lands to public
    domain (escheat proceedings)
    Petition for declaration of nullity of
    judgment (Rule 47, RoC)

    Art. 1544, NCC (Double Sale)


    1) G.F. 1st recorded
    2) G.F. 1st possession
    3) No possession oldest title in
    G.F.

    CT granted must brought under


    Torrens System

    *file with the RD of the province or


    city where the land lies.
    *registration of patent under Torrens
    System does rest ownership, it
    merely gives you the proof of
    ownership.
    *It is the act of registration that shall
    be the operative act to affect and
    convey the land (Silvestre v. CA)
    *OCT is the proof of ownership (vs.
    patent)
    Q: As between who has a title
    registered after judicial proceedings
    & someone who has a title registered
    with the RD pursuant to a patent on
    homestead grant, who has a better
    right?
    A: 1st to register in GF with the RD (If
    both registered at the same time, the
    judicial proceedings has a better
    right over PD.
    Case: DBP v. Mangawang
    A applied for a patent decree. In the
    mean time, the Govt covered the
    land under cadastral proceedings to
    w/c A also applied. A was granted the

    patent application. A was also


    granted the land under Cadastral
    Proceedings.

    Other registration: Survey plan approved


    by DENR technical description.
    Subsequent Registration

    Cadastral OCT 1922


    Homestead Patent OCT 1920
    He then loaned to DBP & failed to
    pay. DBP foreclosed his land under
    homestead in 1941. In 1947, A sold
    his Cadastral OCT to X in 1947. Who
    has a better right? DBP or X?
    Ans: DBP

    1. Voluntary dealings free &


    voluntary acts of parties. (e.g.
    sales, mortgage)
    2. Involuntary writs or order of the
    courts over registered property
    which must be recorded &
    registered to be effective. (e.g.
    writs of attachment, injunction,
    mandamus, adverse claim)

    Kinds of Public Land Patent


    Neccessity of Effects of Registration
    Gen. Rule: Art. XII, Sec. 3 of 1987
    Constitution: Citizens may not
    acquire more than 12 hectares of
    agricultural land by purchase,
    homestead or grant.
    1. Homestead Patent (Sec. 12,
    13,14 of Public Land Act, CA 141)
    2. Free
    Patent
    (Administrative
    Legalization)
    3. Sales Patent (Private Corps &
    Associations are not qualified to
    purchase)
    4. Special Patents Grants to nonChristians inhabitants
    DENR proper body w/c issues land
    patents
    *A patent certificate covering homestead
    or sales is NOT INDEFEASIBLE
    Sec. 119 the grantee heirs, widow
    shall have a right to repurchase to which
    he had alienated within 5yrs. under land
    grant (from date of conveyance)
    RA 10023 Free patents to residential
    lands. (Secs. 1 & 2)

    will bind the land; effect the


    conveyance against 3rd persons.
    Notice to all persons from the
    time of registering, filing, and
    entering.

    *Mere execution of a
    conveyance serves only as:

    deed

    of

    1. Contract between the parties


    2. Evidence of authority to the RD to
    register such document (EXPN: A
    will, w/c must be prompted.
    Q: Is the buyer excused from looking
    into the copy of the title with RD
    because he is far from the office of the
    RD where the property is situated (e.g.
    overseas)?
    A: NO. A buyer need to check the
    authencity & veracity of the title. (Caveat
    emptor)
    Rule of Notice It is presumed that the
    purchaser
    has
    examined
    every
    instrument affecting the title.

    *You cant use other property of dbtor as


    a security for loan if it has no causal
    connection to the transaction.

    Q: What if RD still refuses/denies to


    enter the documents? Is mandamus a
    remedy?

    Q: Supposed when he looked into the


    title before the RD, he saw a clean title;
    soon after his verification, title was
    encumbered with an attachment. He
    continued with the transaction not aware
    of the subsequent encumbrance. Can
    he have the attachment removed?

    A: NO. Go to the LRA via Consulta.

    A: NO. But he can transfer with his


    name but with the annotation at the
    back.
    Gen. Prcedure:
    1. Present duly notarized deed
    2. Present primary entry book
    3. Surrender owners duplicate copy
    of CT
    4. Pay registration fee\
    *Sec. 53, Sec. 56

    Sale of only a portion of of the


    property
    -

    Need for a subdivision plan duly


    approved by the Bureau of
    Lands, DENR, with technical
    description before new TCT could
    be issued for the portion sold.
    Otherwise, annotated by way of
    memorandum of the owners and
    RDs copy to bind 3rd parties.

    Q: May a forged document be a root of


    a valid title?
    A: YES. If the CT has already been
    transferred from the name of the true
    owner to the name indicated by the
    forger, then it is deemed to be sold to a
    buyer in good faith.

    *Mingoa v. LRA, August 16, 1991


    Mortgage
    Q: Does the RD have to examine the
    authencity of the documents?
    A: NO. For the duty of the RD is
    ministerial.
    *Heirs of Sarili v. Lagrosa (Jan. 14,
    2014)
    *Even the intrinsic validity should not be
    questioned as long as it is valid on its
    face.
    *Intrinsic Validity
    *Extrinsic Validity

    Basic Concept:
    1. All embracing extends to
    natural accession, improvement
    2. Inseparable
    3. Indivisible binds 3rd parties
    when Deed of Mortgage is
    registered
    *Sps. Vilbar v. Opinion (Jan. 15, 2014)
    Adverse Claim- not automatically cease
    after 30 days.
    -any interest against the registered
    owner
    -verified

    Q: Can you combine adverse claim w/


    lis pendens?

    A: Not necessarily but you may do so.


    Lis Pendens
    -

    Sec, 76, PD 1529; Rule 14, RoC


    -

    *Heirs of Lopez v. Enriquez, January 21,


    2005
    Consultas (Sec. 117, PD 1529)
    Petitions (Actions surrender of
    withheld duplicate certificate after
    original registration) (Sec. 107, PD
    1529)
    Alteration/Amendment of Certificates
    (Sec. 108, PD 1529) there must be a
    court order.
    Petition for Issuance of Lost or
    Destroyed owners copy of title (Sec.
    109, PD 1529)
    -

    No need for publication of the


    petition, unlike reconstitution
    To be filed in RTC of place where
    land lies, even if title is issued
    pursuant to a public land patents.

    A: The court has no jurisdiction


    and the ruling, if any, will be null
    and void.
    What may be reconstituted?
    a. OCT
    b. TCT
    c. Liens & other encumbrances
    affecting destroyed or lost CT
    d. All these must be the copy with
    the RD not the owners duplicate
    copy.
    Sources of Recon. Title
    -

    Reconstitution

    Sec. 12 & 13, RA 26


    mandatory
    Publication 2X in the OG 30 days
    before the hearing.
    Contents
    Posting on the main entrance of
    provincial/city
    bldg.
    where
    property is located.
    Mailing to every person named
    in the petition 30 days before
    hearing.
    Q: What happens if petition was
    heard on the different date from
    what was indicated in the notice
    which was published?

    Follow the order stated in the law;


    only if you do not have A can you
    use B (and so on).

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