CHAPTER 1 – GENERAL PROVISIONS  The proceedings shall be based on generally accepted principles

underlying the Torrens System

(Sections 1 to 3 of PD 1529) → Under the Torrens System of registration, the government is
required to issue an official certificate of title attesting to the fact
Section 1. Title of Decree – This Decree shall be known as the PROPERTY that the person named is the owner of the described property
REGISTRATION DECREE. subject to liens and encumbrances noted therein or liens
reserved by law.
Sec. 2. Nature of registration proceedings; jurisdiction of courts. Judicial → All claims to the parcel of land existing PRIOR to the issuance of
proceedings for the registration of lands throughout the Philippines shall be the certificate of title are quieted upon the issuance of said
in rem and shall be based on the generally accepted principles underlying certificate of title
the Torrens system.
Legarda v. Saleeby GR No. L-8936, October 2, 1915
Courts of First Instance shall have exclusive jurisdiction over all applications STONE WALL
for original registration of title to lands, including improvements and interests
therein, and over all petitions filed after original registration of title, with (1) REGISTRATION OF THE SAME LAND IN THE NAMES OF
power to hear and determine all questions arising upon such applications or TWO DIFFERENT PERSONS. That in a case where 2
petitions. The court through its clerk of court shall furnish the Land certificates of title include or cover the same land, the earlier
Registration Commission with two certified copies of all pleadings, exhibits, date must prevail as between the original parties, whether the
orders, and decisions filed or issued in applications or petitions for land land comprised in the latter certificate be wholly or only in part
registration, with the exception of stenographic notes, within five days from comprised in the earlier certificate. In successive registrations
the filing or issuance thereof. where more than 1 certificate is issued in respect of a particular
interest in land, the person holding under the prior certificate is
 Nature of Judicial Proceeding for land registration is in rem entitled to the land as against the person who obtained the
→ The proceeding in rem is a proceeding that binds the whole second certificate. The decree of registration is conclusive upon
world because publication of the initial hearing of the application and against all persons.
has the effect of providing notice to the whole world of such
hearing. (2) PURPOSE OF THE TORRENS SYSTEM. The real purpose of
→ The published notice of the initial hearing is addressed “To the Torrens system of land registration is to quiet title to land; to
Whom It May Concern” put a stop forever to any question of the legality of the title,
→ The object of an action in rem is to bar indifferently all who except claims which were noted, at the time of registrations in
might make an objection of any sort against the right sought to the certificate, or which may arise subsequent thereto. That
be established. being the purpose of the law, it would seem that once the title
→ If the purpose of the suit is to establish a claim against a was registered, the owner might rest secure, without the
particular person or some persons only, the action is in personam necessity of waiting in the portals of the court, or sitting in the
"mirador de su casa," to avoid the possibility of losing his land.
The proceeding for the registration of land under the Torrens
system is a judicial proceeding, but it involves more in its
consequences than does an ordinary action.

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 Some rules and principles of the Torrens system based on the  Jurisdiction to hear application for registration of titles
decisions of the Supreme Court: → The RTC have the exclusive jurisdiction over all applications for
NoPE I I’m in Good Faith SaF2ARI V. original registration of titles to lands, including improvements
and interests therein.
No The Torrens Certificate of Title is a constructive NOTICE to → Its jurisdiction includes all petitions filed after the original
the whole world and thus, binds the whole world. registration of title and it has the power to hear and determine
P PRIOR claims against the land to the issuance of the questions arising upon such applications or petitions.
Torrens Certificate of Title that are not noted on said title → Such jurisdiction may be delegated to the inferior courts (MTC,
are quieted or barred. MunTC, MCTC) in the following instances:
E The Torrens Certificate of Title id the best EVIDENCE of 1) Where the lot sought to be registered is not the subject
ownership of the land of controversy or opposition; or
I The Torrens Certificate of Title covering alienable land is 2) Where the lot is contested but the value thereof does
INDEFEASIBLE or incontrovertible after 1 year from the not exceed P100,000. The value shall be determined of
decree of registration the claimants or from tax declaration of the real property
I’m The Torrens Certificate of Title is IMPRESCRIPTIBLE
In Every person dealing with registered land IN GOOD  Registration of Titles and Deeds, not land
Good FAITH AND FOR VALUE, may not go beyond the title but → It is the title to the land or the deed affecting the land and not
Faith may safely rely on the correctness of the Torrens the land itself is being registered under the registration laws.
Certificate of Title → The deed is any contract, agreement, conveyance or document
involving the transfer of title or ownership of a real estate or
Sa Where 2 certificates title include the SAME LAND, the land, or involving dealing less than ownership, like deed of sale
certificate that is earlier in date prevails. or real estate mortgage.
F The person who FRAUDULENTLY registered the land in → For purposes of registration, the sale must be in writing to be
his name holds it as a mere trustee with the obligation to registrable. Verbal transactions are not registrable unless the
reconvey the property and the title to the true owner court issues a decision confirming the existence of the verbal
F A FORGED document of sale may become the root of a agreement.
valid title if the certificate of title has already been
transferred from the name of the true owner to the name  Registration is not a mode of acquiring ownership
of the forger or the name indicated by the forger before → It does not vest or create ownership
the Torrens Certificate of Title is issued to the purchaser in → The person who has not previously acquired title over the land
good faith and for value under the law, but was able to register the title to said land, that
A A certificate of title shall not be subject to collateral registration does not make him an owner because registration is
ATTACK not a mode of acquiring ownership.
R He who REGISTERS first is preferred in right in so far as → What is being registered is the title to the land and not the land
the third persons are concerned itself. It presupposes then that the title to the land must come
I As between 2 INNOCENT persons, the one who made it first before registration; otherwise there is nothing to register.
possible for the wrong to be done will bear the resulting
loss
V Titles derived from a VOID title are also void.
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 → If the applicant does not have valid existing right or ownership Original Registration – when the title to the land is issued for the first time
over the land but yet was able to successfully register or secure and the certificate of title is referred to as the Original Certificate of Title
a title in his name through fraud, he is only considered a holder (OCT)
of the subject property in trust of the person with an existing
valid right. He has the obligation to reconvey the title to the land Subsequent registration – when the property is already covered by the
to the rightful owner. original certificate of title and said property is subjected to a voluntary or
involuntary dealing affecting ownership like sale or even by a “dealing less
 Kinds of registration proceedings than ownership” like mortgage, lease and the like. In subsequent delaing
a) Administrative proceeding affecting ownership of the land, the new title is known as the “Transfer
→ It is a proceeding where the application for a free patent, Certificate of Title”.
Homestead Patent, Sales Patent or other grant of public
domain is filed and determined by the DENR Sec. 3. Status of other pre-existing land registration system. The system of
b) Judicial proceeding registration under the Spanish Mortgage Law is hereby discontinued and all
→ A proceeding where the application for land registration is lands recorded under said systems which are not yet covered by Torrens title
filed in proper court. There are 2 kinds, namely” shall be considered as unregistered lands.
1) Ordinary registration
→ The person claiming ownership of the land Hereafter, all instruments affecting lands originally registered under the
initiates the action by filing an application ad the Spanish Mortgage Law may be recorded under Section 113 of this Decree,
court then conducts a hearing and renders a until the land shall have been brought under the operation of the Torrens
judgment system.
→ If the decision is favorable to the applicant and
it has become final, the court orders the LRA for The books of registration for unregistered lands provided under Section 194
the issuance of the decree of registration and of the Revised Administrative Code, as amended by Act No. 3344, shall
the corresponding certificate of title shall be continue to remain in force; provided, that all instruments dealing with
issued by the ROD unregistered lands shall henceforth be registered under Section 113 of this
2) Cadastral proceeding Decree.
→ The government initiates the filing of the
petition and the claimant, holder, occupant or  The system of registration under the Spanish Mortgage Law is
possessor is given opportunity to prove his discontinued
claim. So, the only systems of registration are:
→ It is a compulsory proceeding where the a) System of recording unregistered lands under Section 113
government undertakes the survey of the land b) Torrens system of recording registered lands.
and through the Solicitor General, filed a petition
in court for the registration of the whole or part  Lands considered unregistered:
of the lands in the municipality, city or province (1) Land registered under the Spanish Mortgage Law which are not
and all persons are given notice by publication yet covered by the Torrens Title
and required to make known and prove their (2) Lands which are not covered by the Torrens System of
claims of ownership or interest over the land, Registration
otherwise, the lands will be declared public land.

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 Sec. of DENR v. Yap, GR No. 167707, October 8, 2008 Republic v. Heirs of Sin, GR No. 157485, March 26, 2014
(2 Consolidated Cases) BORACAY-PUBLIC FOREST Aklan National College of Fisheries – FISHPOND

(1) THE REGALIAN DOCTRINE dictates that all lands of the public domain (1) Section 48(b) of the Public Land Act and Section 14(1) of the Property
belong to the State, that the State is the source of any asserted right to Registration Decree provide the REQUISITES FOR JUDICIAL
ownership of land and charged with the conservation of such patrimony. CONFIRMATION OF IMPERFECT TITLE: (1) open, continuous,
All lands that have not been acquired from the government, either by exclusive, and notorious possession and occupation of the subject land
purchase or by grant, belong to the State as part of the inalienable by himself or through his predecessors–in–interest under a bona
public domain. fide claim of ownership since time immemorial or from June 12, 1945;
and (2) the classification of the land as alienable and disposable land of
(2) A POSITIVE ACT declaring land as alienable and disposable is required. the public domain.
In keeping with the presumption of State ownership, there must be a
positive act of the government, such as an official proclamation, (2) Under the REGALIAN DOCTRINE, which is embodied in our
declassifying inalienable public land into disposable land for agricultural Constitution, all lands of the public domain belong to the State, which
or other purposes. Absent such well-nigh incontrovertible evidence, the the source of any is asserted right to any ownership of land. All lands not
Court cannot accept the submission that lands occupied by private appearing to be clearly within private ownership are presumed to belong
claimants were already open to disposition before 2006. Matters of land to the State. Accordingly, public lands not shown to have been
classification or reclassification cannot be assumed. reclassified or released as alienable agricultural land or alienated to a
private person by the State remain part of the inalienable public domain.
(3) TWO REQUISITES FOR JUDICIAL CONFIRMATION OF Unless public land is shown to have been reclassified as alienable or
IMPERFECT OR INCOMPLETE TITLE. Private claimants are not disposable to a private person by the State, it remains part of the
entitled to apply for judicial confirmation of imperfect title under CA No. inalienable public domain. Property of the public domain is beyond the
141. Neither do they have vested rights over the occupied lands under commerce of man and not susceptible of private appropriation and
the said law. There are two requisites for judicial confirmation of acquisitive prescription. Occupation thereof in the concept of owner no
imperfect or incomplete title under CA No. 141, namely: matter how long cannot ripen into ownership and be registered as a title.
a) open, continuous, exclusive, and notorious possession and The burden of proof in overcoming the presumption of State ownership
occupation of the subject land by himself or through his of the lands of the public domain is on the person applying for
predecessors-in-interest under a bona fide claim of ownership registration (or claiming ownership), who must prove that the land
since time immemorial or from June 12, 1945; and subject of the application is alienable or disposable.
b) The classification of the land as alienable and disposable land of
the public domain. (3) There must be a POSITIVE ACT declaring land of the public domain as
alienable and disposable. To prove that the land subject of an application
(4) TAX DECLARATIONS in the name of private claimants are insufficient for registration is alienable, the applicant must establish the existence of
to prove the first element of possession. The SC noted that the earliest a positive act of the government, such as a presidential proclamation or
of the tax declarations in the name of private claimants were issued in an executive order; an administrative action; investigation reports of
1993. Being of recent dates, the tax declarations are not sufficient to Bureau of Lands investigators; and a legislative act or a statute. The
convince this Court that the period of possession and occupation applicant may also secure a certification from the government that the
commenced on June 12, 1945. land claimed to have been possessed for the required number of years is
alienable and disposable.

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 Republic v Umali, G.R. No. 80687, April 10, 1989 Casimiro Devt. Corporation v. Mateo, GR No. 175485, July 27, 2011
FORGERY AND FRAUD IN THE JOINT AFFIDAVIT CHINABANK – INNOCENT PURCHASER FOR VALUE

(1) TORRENS SYSTEM; PROTECTS INNOCENT TRANSFEREES FOR A PURCHASER IN GOOD FAITH is one who buys property of another,
VALUE; TITLES OBTAINED RENDERED INDEFEASIBLE AND without notice that some other person has a right to, or interest in, such
CONCLUSIVE. There is no allegation in the complaint filed by the property and pays a full and fair price for the same, at the time of such
petitioner that any one of the defendants was privy to the forged joint purchase, or before he has notice of the claim or interest of some other
affidavit or that they had acquired the subject land in bad faith. Their persons in the property. He buys the property with the belief that the person
status as innocent transferees for value was never questioned in that from whom he receives the thing was the owner and could convey title to
pleading. Not having been disproved, that status now accords to them the property. A purchaser cannot close his eyes to facts which should put a
the protection of the Torrens System and renders the titles obtained by reasonable man on his guard and still claim he acted in good faith.
them thereunder indefeasible and conclusive. The rule will not change
despite the flaw in TCT No. 55044. Section 39 of the Land Registration One who deals with property registered under the Torrens system need not
Act clearly provided: "Sec. 39. Every person receiving a certificate of title go beyond the certificate of title, but only has to rely on the certificate of
in pursuance of a decree of registration, and every subsequent title. He is charged with notice only of such burdens and claims as are
purchaser of registered land who takes a certificate of title for value in annotated on the title. China Bank’s TCT’s was a clean title, that is, it was
good faith shall hold the same free of all encumbrance except those free from any lien or encumbrance, CDC had the right to rely, when it
noted on said certificate." purchased the property, solely upon the face of the certificate of title in the
name of China Bank. CDC having paid the full and fair price of the land, was
(2) The REAL PURPOSE OF THE TORRENS SYSTEM OF LAND an innocent purchaser for value. The TCT in the name of CDC was declared
REGISTRATION is to quiet title to land; to put a stop forever to any valid and subsisting.
question of the legality of the title, except claims which were noted at
the time of registration in the certificate, or which may arise subsequent
thereto. That being the purpose of the law, it would seem that once the
title was registered, the owner might rest secure, without the necessity
of waiting in the portals of the court, or sitting in the "mirador de su
casa," to avoid the possibility of losing his land.

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 Aranda v. Republic, GR No. 172331, August 24, 2011
TESTIMONIAL EVIDENCE – BEST EVIDENCE RULE

(1) While, as a rule, TAX DECLARATIONS or realty tax payments of

property are not conclusive evidence of ownership, nevertheless they are
good indicia of possession in the concept of owner, for no one in his
right mind would be paying taxes for a property that is not in his actual
or constructive possession - they constitute at least proof that the holder
has a claim of title over the property.

(2) MERE CASUAL CULTIVATION OF THE LAND does not amount to

exclusive and notorious possession that would give rise to ownership.
Specific acts of dominion must be clearly shown by the applicant.

(3) We have held that a person who seeks the registration of title to a piece
of land on the basis of possession by himself and his predecessors-in-
interest must prove his claim by CLEAR AND CONVINCING
EVIDENCE, i.e., he must prove his title and should not rely on the
absence or weakness of the evidence of the oppositors. Furthermore, the
court has the bounden duty, even in the absence of any opposition, to
require the petitioner to show, by a preponderance of evidence and by
positive and absolute proof, so far as possible, that he is the owner in
fee simple of the lands which he is attempting to register. Since
petitioner failed to meet the quantum of proof required by law, the CA
was correct in reversing the trial court and dismissing his application for
judicial confirmation of title.

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