Republic v. Sese, GR No.
185092, June 4, 2014
City Mayor v. Ebio, GR No. 178411, June 23, 2010
Republic v. East Silverlane Realty Development Corporation, GR No. 186961, Feb.
20, 2012
Republic v. CA and Tancinco, GR No. L-61647, Oct. 12, 1984
Grande v. Court of Appeals, GR No. L-17652, June 30, 1962
International Hardwood v. University of the Philippines, GR No. 52518, Aug. 13,
1991
Republic, rep. by Mindanao Medical Center v. Court of Appeals, GR No. L-40912,
Sept. 30, 1976
La Tondena v. Republic, GR No. 194617, Aug. 5, 2015
Republic v. Zuburban Realty, GR No. 164408, March 24, 2014
Republic v. Espinosa, GR No. 186603, April 5, 2017
Land Bank of the Philippines v. Republic, GR No. 150824, Feb. 4, 2008
( B ) Registration under RA No. 8371 (Indigenous Peoples Rights Act –IPRA)
1. IPRA indigenous cultural communities the ownership and possession of their
ancestral domains and ancestral lands
2. Modes of acquisition
a. By native title over both ancestral lands and domains; or
b. By Torrens title under the Public Land Act (CA No. 141, as amended) or the
Property Registration Decree (PD No. 1529) with respect to ancestral lands
only
3. Requisites for registration
4. Cases/Statutes
Cruz v. Secretary of Environmental and Natural Resources, GR No. 135385,
Dec. 6, 2000
Central Mindanao University v. Executive Secretary, GR. No. 184869, Sept.
21, 2010
Sec. 12, RA No. 8371 (Indigenous Peoples Rights Act)
Begnaen v. Caligtan, GR No. 189852, Aug. 17, 2016
Lim v. Gamosa, GR No. 193964, Dec. 2, 2015
B. PUBLICATION, OPPOSITION AND DEFAULT
1. Notice of initial hearing, publication, etc.
2. Registration proceeding – a proceeding in rem
3. Purpose of publication
a. To confer jurisdiction upon the court
b. To apprise the whole world of the pending registration case
4. Opposition
a. Requisites
b. Failure to file opposition, effect of
5. Motion to dismiss based on res judicata proper
6. Order of default
7. Cases/Statues
Republic v. Manna Properties, GR No. 146527, Jan. 31, 2005
Director of Lands v. Court of Appeals and Abistado, GR No. 102858, July 28,
1997
Director, LMB v. Court of Appeals, GR No. 112567, Feb. 7, 2000
Republic v. Tiotioen, GR No. 167215, Oct. 8, 2008
Valisno v. Plan, GR No. L-55152, Aug. 19, 1986
Director of Lands v. Agustin, 42 Phil 227
Regalado v. Republic, GR No. 168155, Feb. 15, 2007
Secs. 23, 24 and 27, PD No. 1529
C. HEARING, JUDGMENT AND DECREE OF REGISTRATION
1. Speedy hearing; reference to a referee
2. Capacity to acquire lands is determined at the time of its acquisition and not
registration
3. Cases/Statutes
Director of Lands v. Intermediate Appellate Court and Espartinez, GR No.
70825, March 11, 1991
Republic v. T.A.N Properties, Inc. GR No. 154953, June 26, 2008
Gaerlan v. Republic, GR No. 192717, March 12, 2014
Republic v. Castuera, GR No. 203384, Jan. 14, 2015
Tan v. Republic, GR No. 177797, Dec. 4, 2008
Intestate Estate of late Don Mariano San Pedro y Esteban v. Court of
Appeals, 103727, Dec. 18, 1996
Del Rosario v. Limcaoco, GR No. 177392, Nov. 26, 2012
Beumer v. Amores, GR No. 195670, Dec. 3, 2012
Secs. 7 and 8, Art XII, Constitution
( A ) Citizenship requirement
4. Only Filipino citizens qualified
5. But a Filipino citizen who has lost his citizenship may be a transferee of private
land subject to limitations prescribed by law
6. Cases/Statutes
Borromeo v. Descallar, GR No. 159310, Feb. 24, 2009
Republic v. Court of Appeals and Lapina, GR No. 108998, Aug. 24, 1994
Phil. Banking Corporation v. Lui She, GR No. L-17587, Sept 12, 1967
Top Management Programs Corp. v. Fajardo, GR No. 150462, June 15, 2011
Galano v. Roxas, GR No. L-31241, Sept. 12, 1975
Beumer v. Amores, GR No. 195670, Dec. 3, 2012
Ong Ching Po v. Court of Appeals, 239 SCRA 341
Krivenko v. Register of Deeds, 79 Phil. 461
Philippine Bank of Commerce v. Lui She, 21 SCRA 52
Secs. 7 and 8, Art. XII, Constitution
BP Blg. 185, dated March 16, 1982 (An Act to Implement Section Fifteen of
Article XIV of the Constitution)
RA No. 7042, as amended by RA No. 8179 (Foreign Investments Act of
1991)
RA No. 9225 (Citizenship Retention and Re-acquisition Act)
RA No. 4726 (Condominium Act)
(B) Classifications of Public Lands
7. Primary classification. Sec. 3, Art. XII. Constitution
8. Secondary classification. Sec. 9, Public Land Act
9. Classification an exclusive executive prerogative
10. Cases/Statutes
Republic v. Fabio, GR No. 159589, Dec. 23, 2008
Malabanan v. Republic , GR No. 179987, April 29, 2009, Resolution on
motion for reconsideration. Sept. 3, 2013
Fortuna v. Republic, GR No. 173423, March 5, 2014
Sec. 2 and 3, Art. XII. Constitution
Sec. 15, PD No. 705 (Revised Forestry Code)
( C ) Non-Registrable Properties
1. Property of public dominion
a. Lands for public use and public service
b. Forest lands
c. Mineral lands
d. National parks
e. Public reservations
f. Military or naval reservations
2. Cases/Statutes
Valiao v. Republic, GR No. 170757, Nov. 28, 2011
Republic v. Sioson, GR. No. L-13687, Nov. 29, 1963
Central Mindanao University v. Republic, GR No. 195026, Feb. 22, 2016
Navy Officers’ Village Association, Inc. v. Republic, GR No. 177168, Aug. 3,
2015
Amunategui v. Director of Forestry, GR No. L-27873, Nov. 29, 1983
Republic v. Court of Appeals and De La Rosa, GR No. L-43938, April 15, 1980
Republic v. Court of Appeals and Republic Real Estate Corporation, GR No.
103882, Nov. 25, 1998
Chavez v. Public Estates Authority, GR No. 133250, May 6, 2003
Collado v. Court of Appeals, GR No. 107764, Oct. 4, 2002
Republic v. Southside Homeowners Association, Inc., GR No. 156951, Sept. 22,
2006
Arts. 419, 420, 421 and 422, Civil Code
Art. 51, PD No. 1067 (Water Code)
Sec. 4. RA No. 7942 (Mining Act)
RA No. 7586 (National Integrated Protected Areas System Act)
( D ) Specific Evidence of Ownership
1. Identity of the land
2. Classification of the land as A and D land
3. Land need be classified as A and D at the time the application for registration is filed
4. Proof of classification (see Republic v. T.A.N. Properties and other cases)
5. Only thgoe Lands Management Bureau may verify and approve survey plans for
original registration purposes. Per PD No. 939
6. What defines a piece of land is not the area but the area enclosed by the boundaries
thereof (p. 266)
7. Law requires proof of possession and occupation since June 12, 1945
8. Spanish titles no longer efficacious as proof ownership (PD No. 892) (p. 29-)
9. Cases/Statutes
Republic v. East Silverlane Realty, GR No. 186961, Feb. 20, 2012
Amunategui v. Director of Forestry, GR No. L-30035, Nov. 2, 1983
Intestate Estate of Don Mariano San Pedro v. Court of Appeals, GR No. 103727,
Dec. 18, 1996
Republic v. Alconaba, GR No. 155012, April 14, 2004
PD No. 892
DENR Memorandum No. 564 (in relation to DENR Administrative Order No.
2012-09)
DAO No. 20, dated May 30, 1988
( E ) Judgment
1. Court has broad jurisdiction over all issues
2. Judgment confirming title
Only judgments and processes received by OSG binding upon the government
Separate proceeding to enforce judgment not necessary
Court retains jurisdiction until after final entry of decree of registration
Principle of res judicata applicable to registration proceedings
3. Writ of possession
4. Decree of registration
Decree binds the land and quiets title thereto
Land becomes registered land only upon transcription of the decree in the
Office of the Register of Deeds
Certificate of title becomes indefeasible one year after the issuance of the
decree
5. Cases
Manotok Realty v. CLT Realty, GR No. 123346, Dec. 14, 2007
Del Rosario v. Limcaoco, GR. No. 177392, Nov. 26, 2012
Pascual v. Daqioag, GR No. 162063, March 31, 2014
Gomez v. Court of Appeals, 168 SCRA 503
Cayanan v. De los Santos, GR No. L-21150, Dec. 26, 2967
Lucero v. Loot, GR No. L-16995, Oct. 26, 1968
Galano v. Rojas, GR No. L-31241, Sept. 12, 1975
Vencilao v. Vano, GR No. L-25660, Feb. 25, 1960
Laburada v. Land Registration Authority, G.R. No. 101387, March 11, 1998
Wee v. Mardo, GR No. 202414, June 4, 2014
( F ) Remedies
1. Review of decree of registration (Sec. 32) (p. 297, 305-)
a. Requisites (p. 307)
b. Distinction between extrinsic and intrinsic fraud (pp. 308-310)
2. Reconveyance (p. 315)
a. Nature and purpose of action
b. Requisites (p. 318)
c. Prescription of action (p. 323-)
d. Reconveyance treated as action to quiet title (p. 334-)
e. Trusts
3. Action for damages (p. 342)
4. Action for reversion (p. 343-)
b. Authority Sec. 124, CA No. 141 (Public Land Act)
c. Grounds
d. Continuing authority of Director of Lands to investigate fraudulent land titling
(Sec. 91, CA No. 141)
e. Differentiated from escheat proceedings (p. 347)
5. Cancellation of title (p. 353-)
6. Recovery of damages from the Assurance Fund (p. 354-)
a. Requisites for recovery
b. Parties to action
7. Annulment of judgment (Rule 47, Rules of Court) (p. 360)
a. Grounds annulment
8. Criminal prosecution
( G ) Innocent Purchaser for Value and in Good Faith
9. Purchaser in good faith (Sec. 32, PD No. 1529) (P. 364-)
a. Rule of good faith equally applies to mortgages for value
b. Rule of “caveat emptor” (p. 371-)
c. Banks expected to exercise greater care and prudence in their dealings (p.
376-)
d. Principle of “prior est temporae, prior est in jura”
10. Cases/Statutes
Eland Philippines, Inc. v. Garcia, GR No. 173287, Feb. 17, 2010
Dy v. Aldea, GR No. 219500, Aug. 9, 2017
Lozada v. Bracewell, GR No. 179155, April 2, 2014
Walstrom v. Mapa, GR No. 38387, Jan. 29, 1990
Sterling Investment Corporation v. Ruiz, GR No. L-30694, Oct. 31, 1969
Narvasa v. Imbornal, GR No. 182908, Aug. 6, 2014
Roque v. Aguado, GR No. 193787, April 7, 2014
Republic v. Mangatora, GR No. 170375, July 7, 2010
Caragay-Layno v. Court of Appeals, GR No. 52064, Dec. 6, 1984
Ono v. Lim, GR No. 154270, March 9, 2010
Concha v. Lumocso, GR No. 158121, Dec. 21, 2007
Gonzales v. IAC, GR No. L-59622, Jan. 29, 1988
Yujulo v. Republic, GR No. 168661, Oct. 26, 2007
Pinero v. Director of Lands, GR No. L-36507, June 14, 1974
Roxas v. Garcia, GR No. 146208, Aug. 13, 2004
De Guzman v. National Treasurer, GR No. 143281, Aug. 3, 2000
Treasurer of the Philippines v. Court of Appeals, GR No. L-42805, Aug. 31,
1987
Yared v. Tiongco, GR No. 161360, Oct. 19, 2011
Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
Tajonera v. Court of Appeals, GR No. L-26677, March 27, 1981
St. Dominic Corporation v. IAC, GR No. 70623, June 30, 1987
Blanco v. Esquierdo, GR No. L-15182, Dec. 29, 1960
Cruz v. Bancom Corporation, GR No. L-15182, Dec. 29, 1960
PNB v. Jumanoy, GR No. 169901, Aug. 3, 2011
Uy v. Fule, GR No. 164961, June 30, 2014
Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
Land Bank of the Philippines v. Republic, GR No. 150824, Feb. 4, 2008
Chapter IV
Certificate of Title
1. Preparation of Decree and Certificate of Title
a. LRA prepares decree of registration as well as the original and duplicate of the
corresponding original certificate of title
b. The original certificate of title shall be a true copy of the decree of registration
11. Entry of original certificate of title: certificate of title shall take effect upon the date of
entry thereof
12. Statutory liens affecting title (Sec. 44)
a. Liens under the laws
b. Unpaid real estate taxes
c. Any public highway or private way established or recognized by law
d. Any disposition of property or limitation of the use thereof
4. Registered land not subject to prescription (Sec. 47)
5. Certificate not subject to collateral attach (Sec. 48)
13. Cases
Manotok Realty v. CLT Realty, GR No. 123346, Dec. 14, 2007
Lacbayan v. Samoy, Jr. GR No. 165427, March 21, 2011
Fernando v. Acuna, GR No. 161030, Sept. 14, 2011
Francisco v. Rojas, GR No. 167120, April 23, 2014
Guaranteed Homes v. Valdez, GR No. 171531, Jan. 30, 2009
Lonoy v. Secretary of Agrarian Reform, GR No. 175049, Nov. 27, 2008
Cusi v. Domingo, GR No. 195825, Feb. 27, 2013
Alde v. Bernal, GR No. 169336, March 18, 2010
Peralta v. Abalon, GR No. 183448, June 30, 2014
De la Cruz v. De la Cruz, GR No. L-61969, July 28, 1984
Domingo v. Reed, GR No. 157701, Dec. 9, 2005
Ponce de Leon v. RFC, GR No. L-245718, Dec. 18, 1970
Litam v. Espirity, GR No. L-7644, Nov. 27, 1956
PNB v. CA and Vitug, GR. No. 57757, Aug. 31, 1987
Republic v. Mendoza, GR No. 185091, Aug. 3, 2010
Barcelona v. Barcelona, GR No. L-9014, Oct. 31, 1956
Buhat v. Besana, GR No. L-6746, Aug. 31, 1954
De Pedro v. Romanasan, GR No. 158002, Feb. 28, 2005
Castores v. Afidchao, GR No. 151240, March 31, 2009
Manotok v. Barque, GR No. 162335, Dec. 18, 2008
Republic v. Samson-Tatad, GR No. 187677, April 5, 2013
Bangis v. Adolfo, GR No. 190875, June 13, 2012
Carvajal v. Court of Appeals, GR No. 98328, Oct. 9, 1987
Alfonso v. Office of the President, GR No. 150091, April 2, 2007
Republic v. Abrille, GR No. L-39248, May 7, 1976
Chapter V
SUBSEQUENT REGISTRATION
I. VOLUNTARY DEALINGS WITH REGISTERED LANDS
GENERAL PROVISIONS
1. Conveyance and other dealings by registered owner (Sec. 51)
Formal requirements
Difference between contract of sale and contract to sell
2. Constructive notice upon registration (Sec. 52)
Purchaser is not required to explore further than what title indicates
for hidden defects
When purchaser should investigate
Rule on good faith applicable in leases and mortgages
Banks, investment and realty corporations required to exercise more
care and prudence than private individuals in dealings even with
registered lands
Registration of voluntary and involuntary instruments affecting
registered land distinguished
3. Presentation of owner’s duplicate upon entry of new certificate (Sec. 53)
Surrender of owner’s duplicate certificate in authority for the Register
of Deeds to enter registration
Remedy in case of refusal or failure to surrender owner’s duplicate
certificate (Sec. 107)
Generally, a forged deed is a nullity and conveys no title
But a forged deed may the basis of a good title in the hands of a bona
fide purchaser
Mortgage in good faith
Remedy of the aggrieved party
4. Cases
Roque v. Aguado, GR No. 193787, April 7, 2014
Bernabe v. Court of Appeals, GR No. 154402, July 21, 2008
Unchuan v. Court of Appeals, GR No. 78775, May 31, 1988
Arguelles v. Malarayat Rural Bank, GR No. 200468, March 19, 2014
Duque – Rosario v. Banco Filipino Savings and Mortgage Bank, GR No.
140528, Dec. 7, 2011
Sarili v. Lagrosa, GR No. 193517, Jan. 15, 2014
Sunshine Finance and Investment Corporation v. Intermediate Apellate
Court, GR Nos. 74070-71, Oct. 28, 1991
Cruz v. Bancom Finance Corporation, GR No. 147788, March 19, 2002
Garcia v. Court of Appeals, GR No. L-489871, Jan. 22, 1980
Durawood Construction and Lumber Supply, Inc. v. Dona, GR No.
179884, Jan. 25, 2012
Solivel v. Francisco, GR No. 51450, Feb. 10, 1989
Philippine National Bank v. Court of Appeals and Chu Kim Kit, GR No.
43972, July 24, 1990
Guaranteed Homes, Inc. v. Valdez, GR No. 171531, Jan. 30, 2009
Penullar v. Philippine National Bank, GR No. L-32762, Jan. 27, 1983
Saberon v. Ventanilla, GR No. 192669, April 21, 2014
II. INVOLUNTARY DEALINGS
1. Attachments (Sec. 69)
2. Adverse claim (Sec. 70)
Requisites
Adverse claim not lpsa facta cancelled after 30 days: hearing necessary
3. Surrender of certificate in involuntary dealings (Sec. 71)
4. Dissolution of attachments or liens and registration thereof
5. Notice of lis pendens (Sec. 76)
Effect of notice
Cancellation of lis pendens
6. Cases
Cathay Metal Corporation v. Laguna West Multi-Purpose Cooperative, GR
No. 172204, July 2, 2014
Peralta v. Abalon, GR No. 183448, June 30, 2014
Ching v. Enrile, GR No. 156076, Sept 17, 2008
Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
Marasigan v. Intermediate Appellate Court, GR No. L-69393, July 23, 1987
Carrascoso v. Court of Appeals, GR No. 123672, Dec. 14, 2005
Top Management Programs Corp v. Fajardo, GR No. 150462, June 15, 2011
Yared v. Ilarde, GR No. 114732, Aug. 1, 2000
Gonzales v. Marmaine Realty Corporation, GR No. 214241, Jan. 13, 2016
CHAPTER VI
CONSULTAS
1. Duty of Register of Deeds to register document presented for registration is (Sec.
10)
2. Reference of doubtful questions to the LRA via consulta procedure (Sec. 117)
3. Cases
Gurbax Singh Pabla and Co. v. Reyes, GR No. 13970, Oct. 29, 1952
Alfonso v. Office of the President, GR No. 150091, April 2, 2007
Castillo v. Republic, GR No. 182980, Jun 22, 2011
Almirol v. Register of Deeds of Agusan, GR No. L-22486, March 20, 1968
Office of the Court Administrator v. Matas A.M. No. RT1-92-836, Aug. 1995
