Characteristics of Torrens System

1. Issuance of certificate of title is a contractive notice to all persons.

Registration of deed of sale in Register of Deeds (ROD) considered
constructive notice
2. Inconvertible
a. Inconvertible - after 1 year in the entry of the decree before the
ROD
3. Imprescriptible
4. Cannot use as a shield to protect fraud
5. Protect only for those who act in good faith
Doctrine of forge instrument may become root to a valid title cannot be
apply, if the owner still holds the valid and existing certificate of title.
The one who deals with property registered under the Torrens system

need not go beyond, but only rely to the title exceptions:

Actual knowledge of facts and circumstances that would impel a
reasonable cautious man to make such or purchaser who has knowledge of
an decree or lapse of title in the vendor or sufficient facts to induce a
reasonable prudent man to inquire into the title of the property.

If a certificate of title is void all subsequent certificates of title derive

therefrom are also void.
Remedies in Land Registration Proceedings
A. Rule 37 (New trial)
B. Relieve from judgment
C. Appeal within 15 days
D. Petition for review
E. Action for reconveyance
F. Action for damages

Mirror principle Purchaser is not required to explore beyond what

the record in the registry indicate on his face.
Execution of deed of sale is equivalent to registry
In case of free patent
You cannot dispose or alienate the property within 5 years; if you
alienate it the government will file a case against you.
DAR emancipated patent, cannot be transferred except by
hereditary

ADVERSE CLAIM is a notice to third persons that someone is

claiming an interest on the property or has a better right than the registered
owner thereof. The disputed land is subject to the outcome of the dispute.
The purpose of the notice of lis pendens is to constructively
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 transaction are subject to the results of the action,
and may well be inferior and subordinate to those which may be finally
determined and laid down therein.
Surrender of the owners duplicate certificate of title in involuntary
dealings
There is no need to surrender, because you can only submit it the
document to the ROD and the ROD will annotate it. It can only be cancel
once there is court order.
foreclosure of real property / real estate mortgage
Conditions where by the extrajudicial can be have
A. Mortgagor is a juridical entity
B. Property has been mortgage in favor of the bank, quasi bank or
trust entity
C. Foreclosure is done extra judicially
How many years is redemption period?
1 year after registration of the sale
Redemption is reckoned after the registration of the sale or after the date
of foreclosure whichever is early, but most often the period is after the
registration of the sale.