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SECTIONS 1 TO 13 National Grains Authority vs IAC "The real purpose of the Torrens System is to quiet title to land and to stop forever any question as to its legality. "Once a title is registered, the owner may rest secure, without the necessity of waiting in the portals of the court, or sitting avoid the possibility of losing his land." "An indirect or collateral attack on a Torrens Title is not allowed. The only exception to this rule is where a person obtains a certificate of title to a land belonging to another and he has full knowledge of the rights of the true owner. Solid State Multi-Products v CA registration does not vest title, it is merely evidence of such title over a particulate property registration is not a mode of acquiring ownership Traders Royal Bank v CA The main purpose of the Torrens system is to avoid possible conflicts of title to real estate and to facilitate transactions relative thereto by giving the public the right to rely on the face of a Torrens certificate of title and to dispense with the need of inquiring further Exception: banks and real estate companies cant rely on the title itself Aznar Brothers v Aying In constructive implied trusts, prescription may supervene even if the trustee does not repudiate the relationship. Necessarily, repudiation of said trust is not a condition precedent to the running of the prescriptive period 10-year prescriptive period begins to run from the date of registatrion of the deed or the date of the issuance of the certificate of title, but if the person claiming to be the owner is in actual possession, the right to seek reconveayance which if effect seeks to quiet title, does not prescribe since the 3 heirs all testified that they had never occupied it, its 10 years. Moscoso v CA The rigid rule that the jurisdiction of the Land Registration Court being special and limited in character and proceedings, does not extend to cases involving issues properly litigable in other independent suits, has time and again been relaxed in special and exceptional circumstances The proceeding is an action in rem no personal notice to all clamaints of the res is necessary
Arceo v CA - PD1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral court - RTC now has an authority to act not only on applications for original registration but also over all petitions filed after original registration of title - Personal notice to claimant of the land is not necessary because it is a proceeding in rem Evangelista vs Santiago - PD892 divests the Spanish title of any legal force and effect in establishing ownership over real property in the absence of an allegation in petitioners complaint that petitioners predecessor in interest complied with PD892, then in could be assumed that they failed to do so - Deadline of the use of Spanish Title: August 16, 1976 (6months) Intestate Estate vs. CA Under PD 892, the system of registration under Spanish Mortgage Law was abolished and all holders of Spanish Titles should cause their lands to be registered under Land Registration Act within 6 months from date of effectivity or until August 16, 1976. Titulo de Propriedad No. 4136, under PD 892, is inadmissible and ineffective as evidence of private ownership in special proceedings case. Since the Titulo was not registered under Land Registration Act, said Titulo is inferior to the registered title of defendants Ocampo, Buhain and dela
Chvez vs PEA The ownership of lands reclaimed from foreshore and submerged areas is rooted in the Regalian doctrine which holds that the State owns all lands and waters of the public domain. - Registration does not vest a better right to the possession you already have - The fact that you registered a property of public domain, it is not converted to private lands
SECTIONS 14 TO 34 Ong vs Republic Sec. 14 provides that applicants for registration of title must prove: 1. That the subject land forms part of the disposable and alienable lands under the public domain 2. That they have been in OCEN possession and occupation of the same under a bona fide claim of ownership since June 12, 1945 or earlier Possession alone is not sufficient to acquire title to alienable lands of public domain because the law requires possession and occupation.
Lopez vs Enriquez Motion to lift order of general default prior to the entry of a final judgment becoming final and executor; after that, you cant lift order of general default (Sec. 26 of PD 1529) A movant, unlike an oppositor, dont need to file to life the order of general default Republic vs CA The perfection of the mining claim converted the property to mineral land and under the laws then in force removed it from the public domain. By such act, the locators acquired exclusive rights over the land, against even the government, without need of any further act such as the purchase of the land or the obtention of a patent over it. As the land had become the private property of the locators, they had the right to transfer the same, as they did, to Benguet and Atok. the rights over the land are indivisible and that the land itself cannot be half agricultural and half mineral. The classification must be categorical; the land must be either completely mineral or completely agricultural. In the instant case, as already observed, the land which was originally classified as forest land ceased to be so and became mineral and completely mineral once the mining claims were perfected. As long as mining operations
A property that has not been declassified as forest land is not susceptible of private ownership Republic vs CA Boundaries prevail SECTIONS 35 TO 38 Municipality of Santiago, Isabela vs CA Rule: a cadastral proceeding is one IN REM and any decision rendered therein by the cadastral court is binding against the whole world. Under this doctrine, parties are precluded from re-litigating the same issues already determined by final judgment Director vs Benitez it is necessary that notice thereof be given to those persons who claim an adverse interest in the land sought to be registered, as well as the general public, by publishing such notice in two successive issues of the Official Gazette which shall likewise be posted in a conspicuous place on the new land to be surveyed, as well as in the municipality building Merced vs CA When title to the land in a cadastral proceeding is vested?
SECTIONS 39 TO 50
IN Rem proceedings cleanses the defect of the title from the very beginning Pasino vs Monterroyo A Counterclaim is Not a Collateral Attack on the Title - A counterclaim is considered an original complaint and the attack on the title in a case originally for recovery of possession cannot be considered as a collateral attack on the title Sarmiento vs CA
Republic vs CA one of the exceptions of indefeasibility of title: If the land is incapable of registration even if it is in the hands of an innocent purchaser in value
Bornales vs IAC If title was obtained through fraud indefeasibility cannot be invoked
In the example above, the third person will acquire a good title assuming he is an innocent purchaser for value or mortgagee in good faith
Francisco vs Puno A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has been denied Petition for relief and motion for new trial are remedies exclusive of each other It is only in appropriate cases where a party aggrieved by a judgment has not been able to file a motion for new trial that a petition for relief can be filed
Neypes vs CA
Since the title is void, it could not have become incontrovertible. Even prescription may not be used as a defense SECTIONS 69 to 92 Caviles vs Bautista In the case at bar, the notice of attachment covering the subject property was annotated in the entry book of the Register of Deeds of Pasay City on October 6, 1982, while the new transfer certificate of title in the name of respondent spouses was issued on October 18, 1982, the date when Plata sold the property to said respondents. This Court has repeatedly held that in involuntary registration, such as an attachment, levy on execution, lis pendens and the like, entry thereof in the day book or entry book is a sufficient notice to all persons of such adverse claim. Petitioners' lien of attachment was properly recorded when it was entered in the primary entry book of the Register of Deeds on October 6, 1982. We have also consistently ruled that an auction or execution sale retroacts to the date of levy of the lien of attachment. When the subject property was sold on execution to the petitioners, this sale retroacted to the date of inscription of petitioners' notice of attachment on October 6, 1982. The earlier registration of the petitioners' levy on preliminary attachment gave them superiority and preference in rights over the attached property as against respondents. Sajones vs CA
If the vendee has actual knowledge of the defects equals to registration Solivel vs Francisco A buyer is deemed to be in bad faith if he did not ascertain the seller, hence the buyer cannot acquire the property and the doctrine of chain of title cannot apply Llanto vs Alzona Mortgagee in good faith is a mortgagee who relied on the title of the mortgagor who has a title on its name. As a general rule, you cannot mortgage a property is you are not the owner Philippine Veterans Bank vs Montillas The prior registered mortgage and the foreclosure proceedings already conducted prevail over subsequent annotation of the notices of lis pendens on the titles to the property. A prior registration of a lien creates preference; hence, the subsequent annotation of an adverse claim cannot defeat the rights of the mortgagee, or the purchaser at the auction sale whose rights were derived from a prior mortgage validly registered Land Bank vs Republic Mortgagees of non-disposable lands, titles to which were erroneously issued acquire no protection under the Land Registration Law Forest lands cannot be owned by private persons. It is not registerable. A certificate of title is void when it covers property of public domain classified as forest or timber or mineral land. Any title issued covering nondisposable lots even in the hands of an alleged innocent purchaser for value shall be cancelled
Annotation of an adverse claim is a measure designed to protect the interest of a person over a piece of real property where the registration of such interest or right not otherwise provided for by the Land Registration Act or Act 496 (now P.D. 1529 or the Property Registration Decree), and serves a warning to third parties dealing with said property that someone is claiming an interest on the same or a better right than that of the registered owner Under the Torrens system, registration is the operative act which gives validity to the transfer or creates a lien upon the land.
Cancellation of the adverse claim is still necessary to render it ineffective, otherwise, the inscription will remain annotated and shall continue as a lien upon the property. A notice of levy cannot prevail over an existing adverse claim inscribed on the certificate of title Rodriguez vs CA Any prudent buyer of real property, before parting with his money, is expected to first ensure that the title to the property he is about to purchase is clear and free from any liabilities and that the sellers have the proper authority to deal on the property. Deed of sale with assumption of mortgage is a registrable instrument. In order to bind third parties, it must be registered with the Office of the Register of Deeds.