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    Actions After Original Registration

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    AicaPascual
    This document outlines various actions that can be taken after original registration of land under the Torrens system in the Philippines. These include voluntary transactions like sale or mortgage that are registered, involuntary transactions like attachments, and remedies/procedures for issues like reconveyance due to fraud, quieting title, amending titles, reconstituting lost titles, registering adverse claims and lis pendens notices, appealing registration denials, pursuing claims against the assurance fund, splitting or consolidating titles, and subdividing lands.

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    Actions After Original Registration

    Uploaded by

    AicaPascual
    141 views17 pages
    This document outlines various actions that can be taken after original registration of land under the Torrens system in the Philippines. These include voluntary transactions like sale or mortgage that are registered, involuntary transactions like attachments, and remedies/procedures for issues like reconveyance due to fraud, quieting title, amending titles, reconstituting lost titles, registering adverse claims and lis pendens notices, appealing registration denials, pursuing claims against the assurance fund, splitting or consolidating titles, and subdividing lands.

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    This document outlines various actions that can be taken after original registration of land under the Torrens system in the Philippines. These include voluntary transactions like sale or mortgage that are registered, involuntary transactions like attachments, and remedies/procedures for issues like reconveyance due to fraud, quieting title, amending titles, reconstituting lost titles, registering adverse claims and lis pendens notices, appealing registration denials, pursuing claims against the assurance fund, splitting or consolidating titles, and subdividing lands.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    141 views17 pages

    Actions After Original Registration

    Uploaded by

    AicaPascual
    This document outlines various actions that can be taken after original registration of land under the Torrens system in the Philippines. These include voluntary transactions like sale or mortgage that are registered, involuntary transactions like attachments, and remedies/procedures for issues like reconveyance due to fraud, quieting title, amending titles, reconstituting lost titles, registering adverse claims and lis pendens notices, appealing registration denials, pursuing claims against the assurance fund, splitting or consolidating titles, and subdividing lands.

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    of 17

    ACTIONS AFTER ORIGINAL REGISTRATION

    By:
    Atty. Francis R. Doble
    Subsequent Registration

    Meaning: It takes place when a deed or instrument affecting land is made


    of public record after the date of its original registration. Thus, the
    registration of a sale, mortgage, lease, attachment, notice of levy or other
    encumbrances falls within the purview of subsequent registration.

    Kinds:
    1. Voluntary- Contracts or agreements which are wilfully executed by the
    land owner or his duly authorized representatives. Ex. Sale, Lease, Mortgage,
    Donation, Exchanges, Trust or variations thereof affecting real estate.

    2. Involuntary-Those executed against the will or without the consent of


    the landowner such as attachments, levy on execution, adverse claims, lis
    pendens and other liens.
    Procedure in Voluntary Transactions
    1. Entry of the document in the Primary Entry Book

    2. Payment of the entry and registration fee

    3. Surrender of the Owner’s Duplicate Certificate/Co-Owners Duplicate

    4. Examination of the document, certificate of title and supporting


    papers by the “Deed Examiner”

    5. Review by the R.D. of the action taken by the “Deed Examiner”

    6. Registration of the document or the denial of the registration by the


    R.D.
    Procedure in Involuntary Transactions

    1. Entry in the Day Book or Primary Entry Book


    2. Payment of Entry and Registration Fees
    3. Memorandum shall be made on the OCT
    4. Indexing

    Effect of Registration: Registration of the attachment is a


    notice that the property is taken in custody of the law as
    security for the satisfaction of any judgment.

    The title can still be subject to subsequent transaction but


    subject to the attachment lien.
    Actions After Original Registration
    A. Reconveyance
    Nature: A legal and equitable remedy granted to the rightful land owner of
    land which has been wrongfully or erroneously registered in the name of
    another for purpose of compelling the latter to transfer or reconvey the land
    to him.

    Grounds: mistake, fraud, forgery, breach of trust, misrepresentation,


    illegality, lack of marital consent, erroneous inclusion of the land,
    registration in bad faith, double titles, double sales, exclusion of co-heirs,
    expanded areas, equity, re issuable contracts, voidable contracts, up
    enforceable contracts, void and in existent contracts.

    Effects: It operates as an implied trust under Art. 1456 of the Civil Code.
    Thus, it must be enforced within 10 years from the time the adverse title
    was set up since an action to enforce an implied trust is an action based
    upon an obligation created by law. (Villagonzago vs IAC, GR No. 71110,
    November 22, 1988)
    B. Quieting of Title

    Nature: It is a remedy in equity which has for its purpose the


    quieting of title or removal of a cloud therefrom when there is an
    apparently valid or effective instrument or other claim which in
    reality is void, ineffective, voidable or unenforceable.

    The basis of equitable relief for removal of a cloud in title is the


    principle that, because of the inadequacy of the remedy at law, a deed
    or other instrument or proceedings constituting the cloud may not be
    used injuriously or vexatiously to embarrass or affect the title of a
    plaintiff in possession.
    C. Amendment of Title (Sec. 108)

    Rule: RD has no authority to make changes to a certificate except upon orders of the
    court.

    Grounds for Amendment:

    1. Registered interest of any description whether vested, inchoate, expectant, which


    appears on the title has seized or terminated.
    2. New interest not appearing on the title has arisen.
    3. Error/Omission was made on the certificate or memorandum thereon or in its duplicate,
    or the name of any person has changed.
    4. Registered owner has married or marriage dissolved and no rights or interests of heirs or
    creditors will be affected.
    5. The corporation which registered the land has been dissolved and the land has not yet
    been conveyed within 3 years after its dissolution.
    6. Other reasonable grounds.
    C. Reissuance of Lost Title (Sec. 109)

    Where filed: RTC where the land is situated


    Purpose of the Petition: To have the same reproduced in the same
    form they where when they were lost or destroyed.

    Publication is not required under the law (Sec. 109) and Gocheco
    vs. Estacio 6 SCRA 278 but in practice the court requires publication

    • Send a notice first to the R.D. before filing the petition in court
    (Affidavit of Loss)
    D. Reconstitution (Sec. 110)

    Purpose: To have the original title reproduced after proper proceedings in the same
    form they were when the loss or destruction occurred. (Sera Serra vs. CA 195 SCRA
    482)

    General Rule: Judicial Reconstitution (Use R.A. 26)

    Exception: Administrative Reconstitution (Sec. 110 PD 1529) as amended by RA 6732


    where the LRA, upon the petition of the registered owner and other interested parties
    to reconstitute the lost or destroyed OCT by means of administrative reconstitution only
    in case of substantial loss or destruction of land titles due to fire, flood or other
    force majeure to be determined by the Administrator of the LRA, provided that the
    number of certificates of titles lost or damaged is at least 10% of the total in
    possession of the RD and provided further that the lost or destroyed certificate
    of titles are atleast 500 pieces.
    E. Adverse Claim (Sec. 70)
    Notice of any claim adverse to that of the registered owner, the validity of
    which is yet to be established in court at some future date. The claim
    must affect the title or be adverse to the title of the registered owner.

    Purpose of Registration:
    1.To give notice to third parties that someone is claiming an interest on
    the property. (Sajonas vs. CA 258 SCRA 79)
    2.To protect the interest of a person over a piece of land when
    registration of such interest is not provided by the land registration
    act. (Sajonas vs. CA)
    3.To preserve the right of an adverse claimant during the pendency of
    the controversy. (Arrazola vs. Bernas 86 SCRA 279)
    4.To give notice that any transaction covering the land is subject to the
    outcome of the dispute. (Arrazola vs. Bernas)
    F. Lis Pendens (Sec. 73 and Sec. 113)

    An action affecting title to land or the right to possession thereof must already have been
    filed in court. (Action in personam ex. collection, etc. is not proper for lis pendens, only
    actions which binds the land.)

    It must be registered otherwise it shall not be binding on third persons.

    When registered: upon its entry in the primary registry book or day book.

    Effects when registered: It is a notice to all persons, no purchaser may claim to be a


    purchaser in good faith and he steps into the shoes of his transferor pending the outcome
    of the action. It also binds third person relying thereto.

    Effects if not registered: Innocent purchaser for value is protected and consequently he
    acquires clean and valid title to the property. (AFP Mutual Benefits Assoc. vs. CA 327 SCRA
    203)

    Cancellation: (Sec. 14 Rule 13 Rules of Court) Through Motion with notice and hearing.
    G. Consulta (Sec. 117)

    It is an appeal by an interested party from an order denying registration by the


    RD to the Administrator of the LRA, or whenever the RD is in doubt as to a
    proper step to be taken whenever a document is presented to him for
    registration.

    Procedure: RD denies, notifies party of denial and reason and informs party
    that he may elevate the matter to LRA, annotate it in title (cancelled by RD
    moto proprio after resolution and finality of appeal)

    Remedy after appeal to LRA: Appeal to CA.

    Take note that a consulate is not a notice to third person that someone is
    claiming an interest against the registered owner. It is a mere statement of an
    appeal to the LRA. If the question is with regard to the issuance of a decree the
    RD must refer it back to court and not go to the LRA on consulta or otherwise.
    H. Action against the Assurance Fund (Sec. 93)

    Who may bring action?


    Registered owner, innocent purchaser for value

    Elements:
    1. No negligence on his part
    2. He suffered losses as a consequence of bringing the land under the operation of the
    Torrens System or arising after original registration of land through Fraud or Error,
    Omission, Mistake or Misdescription in any certificate of title.
    3. He is barred or otherwise precluded by any law from bringing an action to recover
    such land or interest therein.

    Satisfaction of Judgment:
    1. Private Person
    2. Assurance Fund
    3. National Treasury
    I. Splitting or Consolidation of Title (Sec. 49)

    Two Actions contemplated in the provision:

    1. A Registered Owner of distinct parcels of Land covered by one certificate of title


    may request the RD to issue separate certificates covering each distinct parcels. or

    2.A Registered owner of several distinct parcels of land covered by separate


    certificates may also request in writing for a certificate for the whole land.

    Where to file: Register of Deeds (Administrative level)

    Note: The Owner’s duplicate must be surrendered to the R.D. for cancellation.
    J. Subdivision and Consolidation Plan (Sec. 49)

    Land must not fall under the definition of a subdivision project under PD 957
    (for residential purposes and offered to the public for sale in cash or on
    instalment terms)

    Registered owner must submit the following:


    1. Subdivision Plan of the land approved by the LMB.
    2. Approved Technical description and
    3. Owners Duplicate Certificate of Title

    If only a portion of the land is conveyed the RD shall not issue a new
    certificate unless a plan into which the land has been subdivided is also
    submitted. In the meantime, the Deed of Conveyance shall be annotated in
    the title to serve notice that a portion has already been conveyed.
    K. Reversion
    Purpose: restoration of public land fraudulently awarded or disposed of to the
    mass of the public domain.

    Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III of
    the Administrative Code of 1987 (EO No. 292);

    Action for reversion is instituted by the Solicitor General.

    Action is imprescriptible

    Grounds:

    Violation of the Constitution, disposition of inalienable land


    Falsehood in the application for a patent

    Section 91 of the PLA

    Director of Lands may investigate even if the patent is already registered and
    indefeasible (Republic v. De Guzman, 326 SCRA 267)
    Remedies of an Aggrieved Party in Land Registration
    Cases
    (Under the Rules of Court)

    1. New Trial
    2. Appeal
    3. Relief from Judgment
    4. Petition for Review of a Decree of Registration
    5. Annulment of Judgment
    6. Criminal Action

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