1. Distinguish regalia doctrine from .?

Regalian doctrine - all lands of public domain belongs to the State. With the exception of agricultural lands, all
other natural resources shall not be alienated.



2. Who has the burden of proof in cases of land registration?
The burden is on the applicant to prove his positive averments and not for the government or the private oppositors to
establish a negative proposition insofar as the applicants specific lots are concerned. He must submit convincing proof of
his and his predecessor-in-interests actual, peaceful and adverse possession in the concept of owner of the lots during the
period required by law.

3. What is an in rem proceeding? Is a land registration in rem?
The proceeding is against the whole world. A proceeding is in rem when the object of the action is to bar indifferently all
who might be minded to make an objection of any sort against the right sought to be established, and if anyone in the
world has a right to be heard on the strength of alleging facts which, if true, show and inconsistent interest.
A land registration proceeding is in rem.

Action in personam when the technical objective of the suit is to establish a claim against some particular person, with a
judgment which generally, in theory at least, binds his body, or to bar some individual claim or objection, so that only
certain persons are entitled to be heard in defense.

4. Are Spanish titles valid proof of ownership?
No. under PD 892, Spanish Titles may no longer be used as evidence of land ownership in all registration proceedings.
Applicant for registration of his Spanish title under the torrens system must also submit proof that he is in actual possession
of the real property by virtue of prescription.

5. Objectives/purpose of Torrens system
To quiet title to the land and to stop forever any question as to the legality of said title
To relieve the land of unknown claims
To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is
established and recognized
To give every registered owner complete peace of mind
To issue a certificate of title to the owner which shall be the best evidence of his ownership of the land
To avoid conflicts of title to real estate and to facilitate transactions
Prime purpose is to decree land titles that shall be final, irrevocable and undisputable.

6. Who has better right: one with Spanish title or in actual possession of the land?
One with actual possession. With the effectivity of PD 892, the holder of a Spanish title may still lose his ownership of the
real property to the occupant who actually possesses the same for the required prescriptive period.
The law clearly set a deadline for the filing of application for registration for all Spanish titles under the torrens system (6
months from its effectivity or on aug 14 1976), after which, the Spanish titles may no longer be presented to prove
ownership.

7. When was the law, that rejected Spanish title, passed (PD 892)?
February 16, 1976 was date of issuance of PD 892:
Whereas, Spanish titles to lands which have not yet been brought under the operation of the Torrens system, being
subject to prescription, are now ineffective to prove ownership unless accompanied by proof of actual possession.

8. How does land registration court get jurisdiction over the parties and even those who are not parties?
Jurisdiction over the res is acquired by giving the public notice of initial hearing by means of publication, mailing and notice.

9. What is res judicata?
Where a judgment on the merits rendered in a former case is final and executory, and was rendered by a court of
competent jurisdiction and that the case and the present case involves the same parties, the same parcels of land and a
similarity of causes of action, the present action is barred by prior judgment.

Requisites:
Former judgment must be final
Rendered by the court having jurisdiction over subject matter and parties
Judgment on merits
Identity of parties, subject matter and causes of action

10. Is an action for reconveyance res judicata when there have been an original registration?
No. in an action for reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the
transfer of the property which has been wrongfully or erroneously registered in another persons name, to its rightful and
legal owner or to the one with better right.

11. Can a possessor subsequently file for a judicial confirmation of title? what if he is not a party?
Yes.



12. That registration case was dismissed; can another applicant initiate another registration proceeding on the same land?
Yes. A judgment dismissing an application for registration of land does not constitute res judicata, and the unsuccessful
applicant, or any person deriving title from him, may file another proceeding for the registration of the same land.

13. Title is issued on a government land, is the government estopped?
No. Action for cancellation of title and reversion filed by the government where the land decreed by the registration court
is inalienable, such action cannot be barred by the prior judgment since the court has no jurisdiction over the subject
matter in the first place.

A judicial declaration that a parcel of land is public does not preclude event the same applicant from subsequent seeking a
judicial confirmation of his title to the same land, provided he thereafter complies with the provisions of sec 48, CA 141,
and as long as said public land remains alienable and disposable.

14. Is registration a mode of acquiring title?
No. Registration is not a mode of acquiring ownership but is merely a procedure to establish evidence of title over realty.
Registration does not vest or give title, but merely confirms and thereafter protects the title already possessed by the
owner, making it imprescriptible by occupation of third person.

15. Who institutes registration in cadastral cases?
The director of lands, represented by the Solicitor general, shall institute registration proceedings by filing a petition in the
proper court against the holder, claimant, possessor or occupants of such lands, stating that the public interest requires
that the title to such lands be settled and adjudicated.

3 actions taken in cadastral proceeding:
Adjudicate ownership in favor of one of the claimants
Declaration by the court that the decree is final and its order for issuance of the certificate of tile by the
administrator of LRA made within 15 days from receipt of judgment
Issuance of decree of registration pursuant to final judgment of the court in the land registration proceeding
devolved upon the LRA

16. Is the decree issued in cadastral cases the same as that in a registration case?
Yes. All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the
lands or to parts thereof and such decrees shall be the basis for issuance of original certificated of title in favor of the
rightful owners which shall have the same effect as certificate of title granted in ordinary land registration proceedings.

17. Is personal notice jurisdictional?
No.


18. Is publication or posting jurisdictional?
Yes. A land registration is a proceeding in rem, and the proceeding required constructive seizure of the land as against all
person, including the state. An in rem proceeding is validated essentially through publication.

Purposed of publication:
To confer jurisdiction upon the court over the res
To apprise the whole world of the pending registration case so that they may asset their rights or interest in the
land, if any, and oppose the application, if so minded.

19. Is the lack of publication or personal notice jurisdictional?
Yes.


20. Is the absence of original tracing cloth jurisdiction??? (code surveyed?)



21. Are parties who have not been informed estopped from questioning the decree?
No.


22. Distinguish direct attack from collateral attack
An action is deemed an attack on a title when the object of the action or proceeding is to nully the title and thus challenged
the judgment in pursuant to which the title was decreed.

Direct attack when the object of the action is to annul or set aside such judgment or enjoin its enforcement

Indirect/collateral attack when, in an action to obtain a different relief, an attack on the judgment is nevertheless made as
an incident thereof.

23. Is reconveyance of property a collateral attack? Do you annul the title if you ask for reconveyance?
Yes. What is sought in reconveyance is not the annulment of judgment but simply the cancellation of title registered to the
wrong owners, and transferring or reconveying the same to its rightful owner. The judgment with regard to registration of
torrens title of the land remains inconvertible.

The title is respected as incontrovertible, thus it is not annulled in reconveyance. What is sought is to transfer or reconvey
the title from the registered owner to the rightful owner. Thus, there is only cancellation of title from the registered owner
for it to be transferred to the rightful owner.

24. Can an abandoned river bed be acquired by adjoining owners?
Under Art 461 of the civil code, river beds which are abandoned through the natural change in the course of the waters ipso
facto belong to the owners whose lands are occupied by the new course in proportion to the area lost.
However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value
thereof, which shall not exceed the value of the area occupied by the new bed.

Requisites:
Change must be sudden in order that the old river may be identified
Changing of course must be more or less permanent
Change of the river must be a natural one
There must be definite abandonment by the government
River must continue to exist not completely dry up or disappear.

Dried river beds or creeks
1
that have dried up belong to the state.

25. Can the applicant be a person other than the actual owner?
Yes. A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited
by the instrument creating the trust.
Sec 16, PD 1529 non-resident applicant may be represented by an agent (attorney-in-fact) or a duly authorized
representative.

1
A property belonging to the public domain which is not susceptible to private appropriation and acquisitive prescription and cannot
be registered under the torrens system.

A vendee de retro having legal title of the land, has a registerable title thereto which may be the subject of initial
registration. However, the right to redeem the property retained by the vendor a retro should only be noted in the decree
and certificate of title that may be issued.


26. can the LR court award the title to the oppositor.
Yes if after the proceeding, it finds, based on the evidence presented, that the oppositor is the rightful owner of the land,
then it shall grant the decree of judgment to the latter.

27. Can the land registration court acquire the title?

It does not create a title nor vest one. It simply confirms a title already created and already vested, rending it forever
indefeasible.

28. Can the LRC decide controversial issues of ownership?
The RTC, which is now the land registration court has the power to hear and determine all questions arising upon such
applications or petitions, and decides controversial issues of ownership.

29. Supposing there is no oppositors, all of them declared in default (no answer) is it a matter of course that the applicant be
declared owners?
No. a declaration of default is not a guarantee that the application for registration will be granted. It is still the burden of
the application to prove that he is entitled to registration by well-nigh incontrovertible proof.

30. What is the venue of LRA?
The RTC is the land registration court which has exclusive original jurisdiction of land registration cases.

31. Can the adjoining owner acquired ownership of a riverbank?
No, riverbanks belongs to the state and are not registerable properties.

32. can an owner of an adjoining lot register an accretion along the riverbank?
Art. 457 CC to the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from
the effects of the current of the waters.

33. Does the adjoining owner have registered title of accretion along the shoreline?
No. Alluvial formation along the seashore is part of the public domain and therefore, not opens to acquisition by adverse
possession by private persons unless otherwise declared by either the Executive and Legislative branch of government.

34. Can a corporation sold or be an applicant in a land registration case?
A corporation which has at least 60% of the capital stock owned by Filipino citizens is now qualified to apply for registration
of land.

Corporation sole is qualified to own and register private agricultural land. But not as an owner of the property but merely
administrator thereof and holds the same in trust.

Private corporation is disqualified from acquiring alienable lands of the public domain. However, if at the time the
corporation acquired the land, its predecessor in interest had been in possession and occupation thereof, the prohibition
does not apply for the land was no longer public land but private property.

Private corporations may not hold alienable lands of the public domain except by lease.
Filipino corporations cannot acquire lands of the public domain but they can hold such lands by modes other than
acquisition, such as lease.


Chapter 2

35. If possession was since June 12, 1945, can the possessor acquire ownership even if the declaration of alienable or
disposable land was made after June 12?



36. When does the 30 years prescriptive period of acquiring ownership commence? is it june 12, 1945?
not necessarily. For as long as at the time of the application for registration, the applicant or his predecessor in interest
must have been in continuous possession and occupation of the land sought to be registered.

It is essential that at the time of the commencement of the requisite period of continuous possession and occupation, the
land must have been previously classified as agricultural.

37. Can foreshore
2
land that has been reclaimed by the government subject to ownership by adjoining owners?
The mere reclamation of foreshore or submerged areas does not convert these ianalienable natural resources of the state
into alienable or disposable lands of the public domain. There must be a law or presidential proclamation officially
classifying these reclaimed lands aas alienable or disposable and open to disposition or concession.

Foreshore lands are inalienable unless reclaimed by the government and classified as agricultural lands.
The adjoining registered owner of foreshore land cannot claim ownership thereof by right of accretion unless he has a
revocable permit application
3
with the Land Management Board.

However, the state may grant these lands to the adjoining owners only when they are no longer need for the purposes
mentioned therein.

38. If a forest land has been converted by a person into a farm, can that person apply for registration of land?
Forest lands that have been cleard for farming, e.g. kaingin, remains inalienable without said reclassification. The
classification is descriptive of its legal status and not what the land actually looks. Thus, the person cannot apply for
registration of land thereof.

39. Can mangrove be reclaimed by a private person?
No. private persons cannot, by themselves, reclaim land from water bodies belonging to the public domain without proper
permission from government authorities. And even if authorized, the reclaimed land does not automatically belong to the
party reclaiming the same as they may still be subject to the terms of the authority earlier granted.

Mangrove swamps or manglares are forestall and not alienable agricultural land and may not be subject of private
ownership until and unless they are first released as forest land and classified as alienable agricultural land.

40. Can former natural born citizen apply for LRA?
Yes. A natural born Filipino who has lost his citizenship, e.g. becomes a Canadian, can acquire a maximum area of 5,000
square meters in urban land or three hectares in rural land.

A natural born citizen who has lost his citizenship may be a transferee of private lands, subject to limitations provided by
law.

41. Can dual citizen apply for a land registration title? Are they limited as to area?
Yes. Dual citizens may apply for land registration title - Maximum of 12 hectares (Sec. 3, RA 6940)

Chapter 3

42. Can adjoining owner apply for registration on bordering lakes and bay?
Areas forming part of a bay or lake are neither agricultural nor disposable lands of the public domain.
Until a formal declaration on the part of the government, though the executive or legislative, to the effect that the land in
question is no longer needed for public use or for special industries, they continue to be part of the public domain, not
available for private appropriation or ownership.


2
Foreshore is that part adjacent to the sea which is alternately covered and left dry by the ordinary flow of the tide. It is the trip of
land that lies between the high and low water marks and that is alternately wet or dry according to the flow of the tide.
3
a revocable permit application is a temporary authority to occupy a foreshore land, upon payment of fees and cannot be used to
acquire the land in full ownerhship.
43. When should land be declared as alienable or disposable?
When the executive department of the government classifies it as agricultural land.

It is merely required that the property sought to be registered, which must be agricultural land need be classified as
alienable and disposable only at the time the application for registration of title is filed.

44. When can land be registered by virtue of prescription?
Properties classified as alienable public land may be converted into private property by ordinary prescription of 10 years or
extraordinary prescription of 30 years, without need of title or good faith.

45. Distinguish prescription from laches
Prescription one acquires ownership and other real rights through the lapse of time in the manner and under the action
lay down by law.

Prescription is the fact of delay while laches is the effect of unreasonable delay.
Prescription is a matter of time while laches is principally a question of inequity of permitting a claim to be enforced.
Prescription is statutory while laches is not.
Prescription applied at law while laches applies in equity.
Prescription is based on a fixed time while laches is not.

Laches is the failure or neglect for an unreasonable and unexplained length of time to assert a right giving rise to a
presumption that the party has abandoned it; failure or neglect, for an unreasonable and unexplained length of time, to do
that which by exercising diligence could or should have been done earlier.

It is coupled with circumstances that change the condition of the property or a change in the relation of the parties, such
that it would be injurious and inequitable to allow recovery.
A registered land owner may be barred from recovery of possession of property by virtue of laches.

Estopped by inaction or laches as a general rule cannot be invoked against the state, however in special cases when the
interest of justice clearly requires it, the government must now be allowed to deal dishonorably or capriciously with its
citizens.

46. Can there be accretion in navigable rivers?
Navigable rivers cannot be appropriated and registered under the torrens system.
Islands formed through accretion belonged to the state.

47. What do you mean by possession and occupation?
Actual possession of land consists of the manifestation of acts of dominion over it of such a nature as a party would
naturally exercise over his own property.

The general rule is that the possession and cultivation of a portion of a tract under claim of ownership of all is a constructive
possession of all, if the remainder is not in the adverse possession of another.

Possession to constitute the foundation of a prescriptive right, must be possession under a claim of title or it must be
adverse.

Overt act of possession may consist in introducing valuable improvement on the property.

48. Does the payment of taxes or having tax declaration sufficient as evidence?
A tax declaration and receipts of payment of taxes are not conclusive proof of ownership, nevertheless, if coupled with
prood of cultivation are good indicia of possession in the concept of owner.

49. Should the occupant be actually occupying every square inch of the property he is claiming?
Possession does not mean that a man has to have his feet on every square meter of ground before it can be said that he is
in possession. see #45.

50. Why is it call judicial confirmation of an imperfect or incomplete title?
It simply confirms a title already created and already vested, rendering it forever indefeasible.

51. Distinguish of entry of judgment and entry of decree
Entry of judgment is done by the clerk of court after the promulgation of judgment or final order.

Entry of decree is made by the LRA after finality of judgment from the court. This would refer to the decree of registration
in the books of LRA

52. What is an order of general default?
Section 26, PD 1529 - If no person appears and answers within the time allowed, the court shall, upon motion of the
applicant, no reason to the contrary appearing, order a default to be recorded and require the applicant to present
evidence.

Order of special default directed only to those who did not enter their appearance and yet filed an answer.

53. Can a person who has declared in default appeal even if he doesnt move to lift the default order?
A party declared in default who has not filed a motion to life the order of general default loses his standing in court and
cannot even appeal from the judgment rendered by the court, unless he files a motion to set aside the order of default
under the grounds provided in sec. 3, rule 9 of the Rules of civil procedure
4
.

54. Can an oppositor who has given noticed but did not file an answer; can he later on ask for the reopening of the decree?



55. Can a decision of the land registration court be based on a compromised agreement?
No. The compromise agreement, like any other contract, takes effect only between the parties, their assigns and heirs.
Thus, the LRC cannot based its decision on the compromised agreement

56. What are muniments of title?
Muniments of title are instruments or written evidences which applicant hold or possess to
enable him to substantiate & prove title to his estate

57. Can the land be sold by the owner applicant while land registration is pending?
No. while the land registration is still pending, there is no assurance that the owner applicant be given the title to the land
sought to be registered. Only after the grant of certificate of title can the owner of the land dispose of it.

58. Who is the public officer who will represent in land registration proceedings?
The government, acting through the Office of the Solicitor General, is invariably represented by the director of Lands or
Director of Forestry as public oppositor in all land registration and related proceedings.

59. Can an oppositor who appeared and filed his answer be declared in default if he did not appear during the initial hearing?
Failure to appear on the day of initial hearing is not a ground for default where opposition or answer had been filed.

60. Can a defense of res judicata be waived?



61. Who classifies alienable and disposable lands?
As provided under sec 6 of CA 141, the classification or reclassification of public lands into alienable or disposable, mineral
or forest lands is now a prerogative of the Executive Department of the government and not the courts.

62. What are non registerable properties?
Inalienable lands of public domain -
forest or timber land, minerals, national parks


4
Relief from order of default a party declared in default may at any time after notice thereof and before judgment file a motion
under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or
excusable negligence and that he has a meritorious defense.
63. Can reclaimed lands be sold or disposed?
Yes. Only when the state no longer needed the land for the following purposes it intended. Provided that such declaration
must be issued by either the executive or legislative department of the government.

64. Who issues certificate that the land is alienable and disposable?
The president, though the executive secretary.
DENR???

65. Can a kaingero apply for land registration?
No.

66. When is the writ of possession
5
issued?
The writ may not issue when a party entered into property after issuance of final decree, is not an oppositors in registration
proceeding, and is in possession of land for at least 10 years

67. What is its objective (writ of possession)?
The objective of the Writ of possession is to order to sheriff to deliver the land to the successful party litigant.

68. From when do you count the reopening of the title?
From the issuance of the decree of registration by the LRA

69. What are the requisite for the reopening?
Petitioner has interest to be protected
There is actual fraud
Filed within 1 year from the issuance of the decree of registration by the LRA
No innocent purchaser for value

70. Are writ of possession and writ of demolition the same?
No. The writ of demolition is the complement of writ of demolition. The writ of demolition is issued to demolish
improvements introduced by oppositors or his successor in interest. It is usually issued after the writ of possession.

71. If the possessor does not relinquish possession, is he subject to contempt?
Yes.

72. WOP be issued against an occupant who occupied after the decree?

73. What are those remedies that have to be filed within 15 days from notice of judgment?
Motion for new trial
Motion for reconsideration
Appeal

74. What are the grounds?
Grounds for motion for new trial:
Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded
Newly discovered evidence which could not be discovered and produced at trial
Evidence insufficient to justify decision, decision is against the law

75. What are the differences between relief of judgment with reopening of the decree of registration?

76. What are the remedies that can be availed of even if the judgment is final?


REMEDIES section 32
1. NEW TRIAL
judgment is set aside

5
Writ of possession is an order to sheriff to deliver the land to the successful party litigant.it is issued against the losing party or
against anyone unlawfully and adversely occupying.
filed within 15 days after the promulgation of judgment or final order
accompanied by 2 affidavits:
o setting forth the facts and circumstance alleged to constitute fraud, accident, mistake or excusable
negligence;
o setting forth the particular facts claimed to constitute the movants meritorious cause of action or defense
ground:
o fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against
and by reason of which such aggrieved party has probably been impaired in his rights
fraud must be extrinsic or actual (trick or devise)
accident (illness or failure to attend trial for lack of notice
mistake unintentional act, omission or error arising from ignorance, surprise, imposition or
misplace confidence
excusable neglect failure to take the proper step at the proper time, not in consequence of the
parts own carelessness, inattention or willful disregard of the process of the court, but in
consequence of some unexpected or unavoided hindrance or accident or reliance on the care
and vigilance of his counsel or on promises made by the adverse party
o newly discovered evidence which could not have discovered and produce at the trial and if presented,
would probably alter the result



2. RELIEF FROM JUDGEMENT / RELIEF FROM DENIAL OF APPEAL Rule 38
May be availed of when decision has become final and executory and when a new trial is not available
A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has been denied
(RFJ and PNT are exclusive of each other)
Filed within 60 days after the petitioner learns of the judgment/ final order and not more than 6 months after such
judgment was entered.
Accompanied with affidavits.
available to party to case, FAME; after judgment; person deprived of right is party to case
Grounds:


3. APPEAL
May be taken from a judgment or final order that completely disposes of the case
Taken within 15 days from notice of the judgment or final order
Period of appeal shall be interrupted by a timely motion for new trial or reconsideration
o In case a motion for new trial or reconsideration is filed and the same is denied, the party litigant is given
a fresh period of 15 days form the receipt of the final order denying the motion
No appeal:
o Order denying a M NT or MR
o Order denying a PFR
o Interlocutory order
6

o Order disallowing/dismissing an appeal
o Order of execution
o Order dismissing an action without prejudice

4. REVIEW OF DECREE OF REGISTRATION
Filed within 1 year from the issuance of the decree of registration.
available to party deprived of day in court; became non-party due to misrepresentation; invoke actual fraud; specific
acts intended to deceive;
will no longer prosper if already transferred to innocent purchaser for value
Grounds:
o petitioner must have an estate or interest in the land.
o must show actual fraud in the procurement of the decree of registration.
o petition be filed within one year from the issuance of the decree by the LRA
o property has not yet passed to an innocent purchaser for value.

6
Does not finally dispose the case and does not end the courts task of adjudicating the parties contention
When relief not granted:
o The alleged fraud goes in to the merits of the case, is intrinsic and not collateral and has been controverted
and decided
o It appears that the fraud consisted in the presentation at the trial of a supposed forged document, or a false
and perjured testimony; or in basing the judgment on a fraudulent acts or omissions of the counsel which
prevented from properly presenting the case.

5. RECONVEYANCE
Legal and equitable remedy granted to the rightful owner of land which has been wrongfully or erroneously registered
in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him
Filed after 1 year from the issuance of the decree with the RTC
Provided that the property has not yet passed to an innocent purchaser for value, otherwise, the proper remedy to be
sought would only be action for damages
Alleged in the complaint: 1) plaintiff was the owner of the land and 2) the defendant had illegally dispossessed him of
the same.
This is an action in personam the judgment therein is binding only upon the parties properly impleaded and duly
heard or given the opportunity to be heard
May be barred by laches - prevents people who have slept on their rights from prejudicing the rights of third parties
who have placed reliance on the inaction of the original patentee and his successors in interest
Grounds: - prescription
o Action based on Fraud 10 years reckoned from the date of the issuance of the CT
o Action based on implied trust
7
10 years -do-
o Action based on a void contract imprescriptible since the contract is void ab initio, thus, the subsequent
transaction is null and void.
o Action based on fictitious deeds
8
- imprescriptible
o Action to quiet title where plaintiff is in possession - imprescriptible
Adverse claimant of a registered land who is in possession thereof for a long period of time is not
barred form brining an action for reconveyance which in effect seeks to quiet title to the property
against a registered owner relying upon a torrens title which was illegally or wrongfully acquired.

6. ACTION FOR DAMAGES Art 1144 Civil Code
Filed when action of reconveyance is not possible because the land had passed into the hands of an innocent
purchaser for value.
Filed against the persons responsible for depriving the rightful owner of his right or interest in the property
Should be brought within 10 years from the sate of the issuance of the questioned CT
See also ASSURANCE FUND

7. ACTION FOR REVERSION
Connotes restoration of public land fraudulently awarded or disposed of to the mass of the public domain and may
again be the subject of disposition in the manner prescribed by law to qualified applicants
Instituted by the government (Sol-Gen)
On the ground where lands of public domain and the improvements thereon and all lands are held in violation of
the constitution

8. CANCELLATION OF TITLE
Initiated by a private property usually in a case where there are two titles issued to different persons for the same
lot
In this case, the earlier in date must prevail as between the original parties.

9. RECOVERY FROM THE ASSURANCE FUND
Requisites for recovery
o Person sustains loss or damage or deprived of nay estate or interest in land

7
Implies trust without being expressed, deductible from the nature of the transaction as matters of intent or which are
superinduced on the transaction by operation of law as matters of equity
8
Void or inexistent contract for instance, there is lack of consent
o On account of the brining of land under the operation of the torrens system arising after original
registration
o Through fraud, error, omission, mistake or misdescription in any certificate of title or in any entry or
memorandum in the registration book
o Without negligence on his part
o Is barred or precluded from bringing an action for the recovery of such land or estate or interest therein

10. ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTION Rule 47
Invoked when the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no
longer available through no fault of the petitioner
Filed with the CA
Prescriptive period: 15 days?????
Based only on the grounds of extrinsic fraud and lack of jurisdiction
o Extrinsic fraud not valid ground if it was availed or could be availed of in a motion for NT or petitioner for
relief
o If lack of jurisdiction, another remedy is certiorari to the SC


77. Whats the difference between actual fraud and intrinsic fraud?

Extrinsic or actual fraud refers to any fraudulent acts of successful party in a litigation which is committed outside the trial
of a case against the defeated party, whereby said defeated party is prevented from presenting fully and fairly his side of
the case. The party is deprived of his day in court, thereby preventing him from asserting his right to the property. E.g.
Intentional omission to disclose the fact that another person is in actual possession, deliberarte misrepresentation that the
lot are not contested when in fact they are, etc..

Intrinsic fraud refers to acts of a party in a litigation during the trial which did not affect the presentation of the case but did
prevent a fair and just determination of the case. E.g. used of forged instruments or perjured testimony

78. Is the state estopped to question the decree of registration entered by a mistake of public officer?
No. the government is not estoppel by mistake or error on the part of its officials or agents.

Failure of the government agency concerned to file an opposition to the application for registration or to appeal from the
adverse decision of the registration court is not fatal.

79. What are those excluded from the assurance fund?
In order for a claimant to be entitled of the AF, he must be an owner, purchaser or encumbrancer in good faith who
suffered actual damage by loss of land; that no negligence attributable to him; that he is barred from filing action to
recover said land and that action to recover assurance fund has not prescribed.

80. What are the lost not recoverable by assurance fund?
Section 101 loses not recoverable - the AF shall be liable for:
Any loss, damage or deprivation of any right or interest in land which may been cause by a breach of trust,
whether express or implied
By any mistake in the resurvey or subdivision of registered land resulting in the expansion of areas in the certificate
of title.

The loss or damage must be due to the following reasons:
Omission, mistake, misfeasance of Register of Deed or clerk of court
Registration of 3
rd
persons as owner
Mistake, omission, misdescription in the certificate of tile, duplicate or entry in books
Cancellation

81. What is the prescriptive period of AF?
The action prescribes in 6 years from time plaintiff actually suffered loss. However, if plaintiff is minor, insane or imprison,
the latter will have additional 2 years after disability is removed to file action not withstanding expiration of regular period.

82. In AF, against whom is the action taken with?
If action due to deprivation of land due to mistake, negligence, omission of Register of Deeds, etc, the action is taken
against the Register of Deeds and National Treasurer as defendant. Thus, the Sol-Gen must appear.
If there are private persons involve, the later should also be impleaded.

83. Can you claim from the AF if the mistake is by a private person?
Yes. Claims against the assurance fund under Sec 2 of the Property Registration Decree provides that:
If the action is brought for the recovery of loss or damage or deprivation of land or of any estate or interest therein
arising through fraud, negligence, omission, mistake or misfeasance of persons other than court personnel, the
ROD or other employees of the registry, the action shall be brought against the ROD, the national treasury and
such other persons, as co-defendants
If.. mistake or misfeasance of court personnel, the ROD or other employees of the registry in the performance of
their duties, the action shall be brought against the ROD of the province or city where the land lies and the
national treasury

84. What is annulment of judgment? What are its grounds? Prescriptive period? Where to file it?
May only be availed of when the ordinary remedies of new trial, petition for relief or other appropriate remedies are no
longer available through no fault of the petitioner.
See remedies for further info

85. What is the difference by ordinary appeal and appeal by certiorari?
Ordinary appeal is an appeal to the CA in cases decided by the RTC in the exercise of its original jurisdiction. It shall be taken
by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy
thereof upon the adverse party - shall be filed within 15 days from the notice of the judgment or final order appealed from.

Appeal by certiorari is taken in all cases where only questions of law are raised or involved. The appeal shall be to the SC in
accordance with rule 65 shall be filed within 15 days from notice of the judgment or final order or resolution appealed
from or of the denial of the petitioners motion for new trial or reconsideration filed in due time

Petition for review appeal to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction in accordance
with rule 42.

86. When does the certificate of title become incontrovertible or indivisible or incontestable?
The OCT becomes conclusive, incontrovertible and not subject to collateral attack one year form entry of the decree of
registration, within that period the decree can be reopened and reviewed by the same land registration court that rendered
judgment by only on the ground of actual fraud that deprived a person of ownership or interest in the land, and provided
further the land has not been transferred to an innocent purchaser for value.

ADDITIONAL NOTES:

Innocent purchaser for value a purchaser cannot close his eyes to facts which would put a prudent man upon his guard to the
possibility of the existence of a defect in his vendors title and claim that he acted in good faith under the belief that there was no
defect.

Purchaser in good faith and for value one who buys property of another, without notice that some other person has a right to, or
interest in, such property and pays a full and fair price for the same, at the time of such purchase or before he has notice of the
claim or interest of some other person in the property.

Good faith while always presumed in the absence of proof to the contrary, requires those well-founded belief.

Trust the legal relationship between one person having an equitable ownership in property and another person owning the legal
title to such property, the equitable ownership of the former entitling him to the performance of certain duties and the exercise of
certain powers by the latter.

Laws governing land registration:
CA No. 141 Public Land act governs the judicial confirmation of imperfect or incomplete tilets on the basis of possession
and occupation of alienable portion so of the public domain in the manner and for the length of time required by law.
PD 1529 Property Registration Decree
Act no. 2259 Cadastral Act aims to serve public interests by requiring that the title to any lands be titled and
adjudicated.
RA no. 8371 Indigenous Peoples Rights Act

30 years in open, continuous, exclusive and notorious possession and occupation of alienable and disposable land of public domain

Doctrine: open, exclusive, and undisputed possession of alienable public land for the period prescribed by law creates the legal
fiction whereby the land, upon completion of the requisite period, ipso jure and without the need of judicial or other sanction,
ceases to be public land and becomes private property.


A land which had been declared public land in a previous registration proceeding cannot be subject of application by person
claiming an imperfect title thereto on the basis of continuous and adverse possession for the then 30 years. It is res judicata.
Although they may not be parties of the previous case, the judgement therein is a bar to their claim since the proceeding was in rem,
which they and their predecessor had constructive notice of publication.

Decision of the cadastral court declaring land as public land does not constitute res judicata.

Cadastral answer may not be thrown out upon a mere motion of adverse claimants that the court may not, upon motion of
adverse claimants, order the cancellation of the claimants answer and keep the latter from introducing evidence to prove his
ownership on the ground of bar by prior judgment

Art 457 of the civil code provides that to the owner of lands adjoining the banks of rivers belong the accretion which they gradually
received from the effects of the current of the water.
Requisites:
Deposit be gradual and imperceptible
Made through the effects of the current of the water
Land where accretion takes place is adjacent to the river banks

Accretion does not automatically become registered land. If the alluvial property is not registered, it is not subject to the protection
of imprescriptibility of registered property under the Torrens system. Thus, the land may still be acquired through prescription by
third person.

Section 17, PD 1529 application for land registration filed with the RTC where the land is located together with all original
muniments of titles or copies thereof and a survey of the land approved by the Land Management Bureau.

A private person may not oppose an application for registration on behalf of the government on the ground that the land belongs to
the government.

Of no person appears and answers within the time allowed, the court may at once upon motion of the applicant, no reason to the
contrary appearing, order a general default to be recorded.

Steps in bringing land under the torrens system:
Survey of land by the LMB
Filing of application for registration
Setting of the date for the initial hearing
Transmittal of the application and the date of initial hearing
Publication of the notice in the official gazette in a newspaper of general circulation
Service of notice upon contiguous owners, occupants and interested persons
Filing of answer to the application
Hearing of the case
Promulgation of judgment
Issuance of an order for the issuance of a decree and instructing LRA to issue the decree of confirmation and registration
Entry of the decree of registration in the LRA
Sending of copy of the decree to ROD
Transcription of the decree in the registration book and issuance of ODCT by ROD

Land sold to an alien which is now in the hands of Filipino may no longer be annulled.
Lack of cause of action, the plaintiff being in pari delicto with the vendee, and the land being already owned by Philippine
citizen
Laches


Before the government could alienate or dispose lands of public domain, the president must first officially classify these lands as
alienable or disposable, and then declare them open to disposition or concession.

Property is either of public dominio or of private ownership
Public dominion:
Intended for public use
Belong to the state, without being for public use and are intended for some public service
Patrimonial property refers to property that is open to disposition by the government, or otherwise property pertaining to the
national domain, or public lands.

Classification of land is descriptive of its legal nature, not what it actually look like

Act 1654 mandated that the government should retain title to all lands reclaimed by the government,
The disposable lands of public domain classified as government reclaimed, foreshore and marcshy lands shall be disposed of to
private parties by lease only and not otherwise only if these lands were no longer needed for public purpose. There must be a
proper declaration that such land is not necessary for the public purpose.

Submerge lands only when actually reclaimed from the sea can these submerged areas be classified as public agricultural lands,
which under the constitution are the only natural resources that the state may alienate.

Evidence deemed sufficient to establish classification of land as A and D land.
Certification of the BFD
Land classification map
Executive proclamation declaring the same as A and D
Legislative act or executive proclamation

Evidence deemed insufficient to show classification and release of land as A and D
Mere recommendation of the district forester
Conversion of subject property into a fishpond by the applicants, or the alleged titling of properties
Existence of a survey plan of mangrove swamps approved by the director of lands
Cadastral survey of a municipality
Certifications made by minor functionaries who have no authority in the classification of public lands.


The law does not require that the entire land be cultivated, but that it be in open, continuous, exclusive and notitous possession
incer a bona fide claim of ownership for the required period.

Quieting of title whenever there is a cloud on title
9
to real property or any interest therein

The torrens title must become indefeasible and incontrovertible one year from the issuance of the final decree and is generally
conclusive evidence of the ownership of the land referred to therein.

All person dealing with property covered by a Torrens certificate are not required to go beyond what appeals on the face of the title.
When there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or nay encumbrances
thereon, the purchaser is not required to explore further than what the Torrens title upon its face indicated in quest for any hidden
defect or inchoate right that may subsequently defeat his right thereto. Otherwise, it would be to impair public confidence in the

9
Cloud on title an outstanding claim or encumbrance which, if valid, would affect or impair the title o fht eowner of a particular
estate, and on its face has that effect, but can be shown by extrinsic proof to be incalid or inapplicable to the estate in question.
certificate of title, for everyone dealing with property would have to inquire in every instance on the regularity of the issuance of the
title.

Caveat emptor
one who purchases real property which is in actual possession of other
requires that the purchaser be aware of the supposed title of the vendor and one who buys without checking the vendors
title takes all the risks and losses consequent to such failure
the purchaser should inspect or investigate the property being sold to him, such as the presence of occupants/tenants ans
inquire first in to the status or nature of possession of the occupants. Failure to take such precautionary steps would mean
negligence on his part and precluded him from claiming or invoking the rights of a purchaser in good faith.

A fraudulent or forged document of sale may become the root of a valid title if the certificate of title has already been transferred
from the name of the true owner to the name of the forger or the named indicated by the forger. Then subsequently sold to a
purchaser in good faith.

Double sale of property Rule 1544
the ownership shall belong to 1) the person acquiring in food faith first recorded it in the registry of property
should there be no inscription, the possession shall pertain to the 2) person who in good faith was first in possession and in
the absence thereof, 3) to the person who presents the oldest title, provided there is good faith.
Acted in good faith from the time he acquired the property until the title or possession is transferred to him

Laches (requisites)
Conduct on the part of the defendant giving rise to the situation of which complaint is made for which the complaint seeks
a remedy
Delay in asserting the complainants rights
Lack of knowledge or notice on the part of the defendant that the complaint would assert the right on which he bases his
suit
Injury or prejudice to the defendant in the event relief accorded to the complainant or the suit is not held to be barred.