LAND TITLES AND DEEDS

INTRODUCTION
 BACKGROUND

• In the early days, land was literally free to all who might come and get
it, just as free as the air and the sea. People were nomads, roaming
from place to place. To claim absolute ownership of a particular piece
of land was thought absurd. Almost instinctively, however, one would
fight for the land which he happened to have stopped first; but, when
the season changed, or the corn did not seem to grow well any more,
he would pack up his belongings and move elsewhere. It was the
prevailing theory that, after all, God owned all the land and merely
permitted those to hold it who worked on it.

• In the Philippines, immediately upon the domination of this country by

Spain, the crown spared no time to proclaim full ownership over all our
lands so that private land titles since then could only be acquired from
the government either by purchase or by the various mode of land
grant.

• In the Philippines, we used to have three system of registration of land

titles and deeds, namely: 1)the system under the Spanish Mortgage
Law; 2) the Torrens system; and, 3) the system of recording for un-
registered lands, by virtue of PD 892 issued on Feb. 16, 1976, the
system of registration under the Spanish Mortgage Law has been
abolished.
 ORIGINAL REGISTRATION

• A. Who may apply?

• 1.Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession
and occupation of alienable and disposable lands
of public domain under a bona fide claim of
ownership since June 12, 1945, or earlier.
• 2. Those who have acquired ownership of private
lands by prescription under the provisions of
existing laws.
• 3.Those who have acquired ownership of land in
any other manner provided by law.
• 4.Those who have acquired ownership of private
lands or abandoned river beds by right of
accession or accretion under existing laws.
 TORRENS SYSTEM

• Purpose- is to decree land titles that

shall be final, irrevocable, and
undisputable.
• It aims to ascertain once and for all the
absolute title over a given landed
property
 Laws Governing Land
Registration

• CA No.141 or the Public Land Act

• PD No.1529 or the Property Registration
Decree
• Act No.2259-Cadastral Act
• R.A.8371 or the Indigenous Peoples
Rights Act -October 29,1997
 Registration of Land Titles and Deeds

• Meaning of Registration-means any entry made

in the books of the registry including the
cancellation, annotation and even the marginal
notes. It is the entry made in the registry which
record solemnly and permanently the rights of
ownership and other real rights.
• Kinds of Registration-
• Registration of Title or original registration takes
place when the title to land is made of public
record for the first time in the name of the lawful
owner. It refers to the registration procedure.
• Registration of Deeds and other instruments or
subsequent registration- takes place when a
deed or instrument affecting is made of public
record after the date of its original registration.
 Subsequent Registration of
Voluntary Transactions

• Conveyance and other dealings by

registered owner
• Constructive Notice upon Registration
• Presentation of Owner’s duplicate upon
entry of new certificate
• Dealings less than ownership, how
registered
 Registration of Involuntary
Dealings

• Attachment- Rule 57 of Rules of Civil

Procedure
• Adverse Claim
• Notice of Lis Pendens
• Levy on Execution- Rule 39 of Rules of
Civil Procedure
 Registration of
Judgments;Orders;Partitions

• Section 78 of P.D.1529-Judgment for

the Plaintiff
• Section 79 of P.D.1529- Judgment
adjudicating ownership
• Section 80- execution of deed by virtue
of judgment
• Section 81- judgment of Partition
• Section 83-Notice of Insolvency
 Assurance Fund

• Section 93-Contribution to Assurance

Fund- 1/4 of 1% of the assessed value
of the real property paid to RD
• Section 94-Custody and Investment of
Funds- Register of Deed and paid to the
National Treasurer who shall keep the
money in an Assurance Fund.
• Section 95-Action for Compensation
from Funds.
• Section 98- If Assurance Fund is not
sufficient to satisfy such judgment, the
General Fund shall be liable.
 Theory of Assurance Fund

• The act of registration is the operative act, and the transfer and vesting
of title is effected, not by the execution of an instrument of transfer, not
by the act of the owner of the land, not by the transfer of a valid title by
the transferor, but by the State acting thru its officers the Registrar; and
because it transfer and vest title by the issue of a certificate which is
declared by statute to be conclusive evidence of an indefeasible title,
the state creates a fund for the compensation of such persons as may
be injured by the divesting and cutting off of rights and interest under
this statutory declaration.

• In general, people who may have been victims of injustice brought

about by the harshness of the operation of the torrens system of land
registration are entitled to compensation payable from the assurance
fund.

• It is to be noted that the liability of the land registration assurance fund

is not confined to cases only where the erroneous registration is due to
the omission, mistake or malfeasance on the part of the employees of
the registration court, but also extends to all cases in which a person is
wrongfully deprived of any land or any interest therein, without
negligence on his part, thru the bringing of the land under the
provisions of the land registration act.
 Petitions and Actions after
Original Registration

• Sec.107-Surrender of Withheld
duplicate certificates- if the party
refuses to surrender owner’s title to the
RD, the other party may file a petition
in court to compel surrender of owner’s
title
• Section 108-Amendment and Alteration
of Certificates
• Section 109-Notice of Loss and
Replacement of Lost duplicate
certificate
• Section 110-Reconstitution of lost or
destroyed original of Torrens title-
Judicial Reconstitution under RA No.26
 Consultas

• Duty of the Register of Deeds to

register documents presented for
registration is ministerial
• Section 117-Register of Deeds is in
doubt as to what action should be taken
or when a party does not agree with
the action of the RD, the question is
submitted to LRA Administrator via the
process of Consulta for proper
determination
Condominium and Subdivision
projects

• Jurisdiction of the HLRUB over

subdivisions and condominium projects
• Presidential Decree No.957-Subdivision
and Condominium Protective Buyer’s
Decree
• EO No.648-Regulatory functions of the
NHA transferred to Human Settlements
Regulatory Commission
• EO 90-functions of HSRC assumed by
HLURB
• Donations of parks and playgrounds by
owner to the city or municipality
mandatory
 Condominium

• Concept- in civil law, generally means co-ownership or limited

ownership.
• Define as ownership of an interest in real property consisting of
separate part or unit in a residential, industrial or commercial building
and an undivided common interest, directly or indirectly, in the land on
which the building is erected, and a similar interest in other common
areas of the building itself.
• When title to a condominium is held by a corporation, formed for the
purpose, the holders of separate units or interest in the project are
automatically members or shareholders of the corporation.
• Where a condominium project covers the land and the building on
which it is erected, acquisition of ownership thereof is limited only to
those qualified or hold lands of the public domain.
• Alien may acquire a condominium unit only but not the common areas
in land, which is owned by the condominium corporation, but if the
common areas is also owned by owners of the separate unit, alien are
not allowed to own the unit.
• It is a legal requisite in order that a condominium project may come
under the operation of the Condominium Act that the Enabling or
Master Deed of the project be registered with the Register of Deeds. In
case of amendment or revocation, the necessary instrument executed
by the registered owner with the concurrence of all the registered
holders of any encumbrance on the land or building need also be
registered.
 Continuation

• Before any condominium unit may be sold or conveyed, it is a pre-

requisite that a declaration of restrictions relating to the project be
registered, which restrictions constitute a lien that shall be binding upon
all condominium owners. These restrictions are recorded by way of
annotation on the corresponding certificate of title.
• Declaration of Restrictions may provided, among other things, as to the
management body; for the manner and procedure for amending such
restrictions, provided, that a vote of not less than the majority of the
interest of the owners is obtained; for independent audit of accounts of
the management body; for reasonable assessment; for subordination of
liens securing such assessment; and such other conditions.

• The Enabling or Master Deed shall contain among others; description

of the land; description of the building stating the number of stories and
basement, the number of units and their accessories; description of the
common areas and facilities; statement of the exact nature of the
interest acquired or be acquired by the purchaser in the separate units
and in the common areas of the condominium project; and where title
to or interest in the common area are held or is to be held by the
condominium corporation, a statement to that effect; certificate of the
registered owner of the property; the plans appended to the Master
Deed; survey plan and floor plan of the project; and any reasonable
restrictions not contrary to law regarding the rights of the unit owners.