LTD lecture - Dir. Casanova

Various modes of acquiring ownership
1. By public …
2. By private
3. By involuntary transfer
4. By adverse possession/acquisitive prescription
5. By accession
>reclamation
6. By emancipation patent
7. By device/descent
Ownership by emancipation patent
recall PD 27: Marcos
-Tenants and sharecroppers of rice and corn lands shall now be considered deemed owners of the land they till
-why emancipation:  sort of likened the tenants to the Negro slaves freed by Lincoln (Lincoln was a passionate lover of freedom and the equality of the human race)
-amortize, then join farmers cooperative
-Marcos wanted farmers to form and join a cooperative because he knew that economic development would suffer if these lands would be in the hands of small group of people - we would be denied of "economies of scale": through cooperative, pull resources
CORY: CLOWA
Clowa = certificate of land ownership award
*so both cory and marcos agreed that there should be land reform in our country
-both are social legislation, with intent to give all lands of country to the tillers of the soil. A person has no business owning land which he cannot till.
Acquisition after death (descent/device)
*testate or intestate
-if testate: no property shall pass without the will being probated
If with will: ownership by device
Kinds of will
*Notarial Wills
-formalities: testator must attest to the fact that he signed the will in the presence of 3 attesting witnesses and the 3 attesting witnesses must attest that they signed the will in the presence of the 2 other attesting witnesses and in the presence of the testator
*holographic will: 100% in the handwriting of the testator and dated
__both must go through probate proceedings
Probate proceedings:
-merely concerned WON the will qualified with the formalities provided by law
*once a will is allowed for probate, it is without prejudiced to the rights of the parties who stands to be adversely affected by the allowance of the probate
Who administers the property?
*executor/administrator - depends on WON the executor provided a person in the will or not
-all their acts must be approved by the court to be binding
INTESTACY
-ownership by descent
-ownership devolves to the compulsory heirs: descendants /ascendants
If a person dies without a will: settlement of an estate of deceased
-may be done judicially or extrajudicially
JUDICIALLY: Petition for issuance of letters of administration - if no reason not to issue: court issues Letters of Administration - this can be terminated + petition for extrajudicial settlement of the estate
*it will be more beneficial among the heirs to settle among themselves
SIGN:
1. deed of extrajudicial settlement - have to state under oath the following:
1. Deceased died without a will
2. They are the only heirs entitled to succeed the deceased
2. Statement under oath that all the debts of the deceased paid
CONS: since all these are stated under oath, if you lie this would be perjury or falsification of public documents! (there's a very strong tendency to exclude illegitimate heirs)
-not final until lapse of 2 years
But because of people's desire to avoid inheritance tax, they resort to sale (less ung sales tax)
Title (in reference to land):
1. Right: right of ownership over the land
2. Piece of paper = certificate of title
-applicable In jurisdictions where private properties are recognized (some countries do not recognize private properties = communal ownership = all lands in every town are owned by the people. e.g. Communist coutnries - all lands belong to the state)
-since they respect private properties, they come up with system of registration of land
-to record ownership of the land for …
1. posterity
2. evidence of ownership of the land
3. Security and peace of mind
4. Security for borrowing money (collateral - usually banks require this in granting loans)
SPANISH PERIOD
System of land registration of 1896
>simply a system of registration of transactions involving land covered by Spanish Titles (subject to day to day transactions: sold/mortgaged/leased)
>Spanish mortgage law discontinued when PD 890 issued
PD 890
-abolished spanish mortgage law
-required all land owners holding spanish titles to register their lands under the Torrens system w/n period of 6 months, or else, after 6 months, their spanish titles would no longer be admissible as evidence to prove ownership of the land, recognized as "unregistered private lands"
-did not deprive dispossess owners: merely provided that they should register their ownership w/n 6 months
"unregistered private lands" : so still recognize that it is private land
>Section 194, Revised Administrative Code, as amended by Act No. 3344: provides for registration system for unregistered Spanish Titles after PD 890
1903: (US Era)Act No. 496 : Land registration Act of 1902: Torrens System of Land Registration
-originated by an Australian by the name of Sir Robert Richard Torrens (commissioner of customs of South Australia, charged with responsibility of providing for overseeing the registration of ownership and ocean-going vessels. But established a system for recording of ownership, transfers, and mortgages of ocean-going vessels to the point that a certificate of ownership containing all the information you have to know about the vessel was developed, saving the buyer or mortgagee the trouble of investigating the legality of the ownership of the seller. It became so effective in Australia. When Sir Torrens got elected in S. Australian parliament, he authored a bill which was known as the Real Property Act of 1874. It established a system for the registration of title and transactions over real property. After his stint in S. Australian parliament, he was appointed the register general of the S. Australian government.)
-How did it reach the Philippines? After it became successful, many US states adopted it: Illinois, Mass. …then was adopted in RP: One of the members of the Philippine Commission, Ide, was a practicing lawyer from Mass and recognized it was effective in Mass. Thus, he copied, word per word, the land registration act of Mass.
-procedure for bringing land under the operation of the Torrens system:
1. Judicial: for private lands
-owner itself has to take initiative to register the land: own expense for survey…
• Surveyor expenses
• Legal expense
-but people got discouraged because it is expensive to register own land
-so enacted Cadastral Act of 1912
Cadastral Act of 1912: established procedure for all lands for Cadastral Survey (duty of Director of Lands)
Cadastral Survey: encompasses the survey of all the lands in every city or municipality
e.g. Tuguegarao was one of the first lands surveyed
QC had own survey before. There were 6-7 people who owned QC before!
-so Director of Lands would have a standing MOA with the cities for conduct of Cadastral Survey
-easier inventory and systematizing of all properties in the Philippines, better for organized collection of taxes (survey and maps of all the properties within the LGU)
-it's not free: government would shoulder the cost but upon registration, the land owner would have to pay for the survey cost (only up to 70% = 10% assumed by National Government, 10% assumed by provincial government, 10% by the municipal government)
*effort to accelerate registration of private lands in the Philippines
JUDICIAL
1. Voluntary proceedings: as described above, the private owner initiates the registration himself
2. Cadastral Proceedings: filed by Director of lands against all those who claim title to the property
-it is deemed as a compulsory registration of land, or else the land would become part of the public domain
-annotation of title
ADMINISTRATIVE - by provision of law
-when govenrment grants by homestead/free patent, the law requires that the corresponding deed of conveyance be transmitted to Register of Deeds of registration and issuance of original certificate of title
*registration of patents automatic and compulsory: in keeping with Gov't policy to register private lands
VOLUNTARY Registration proceedings:
-usually source of bar questions
14 steps involved
1. Survey of the land
Requirements:
• can only be done by a duly licensed Geodetic engineer
• Survey plan Must be duly approved by Director of lands
*in accordance with requirements of Torrens System that ownership of land must be duly established
Problems: table surveying (di man lang pumupunta ung engineer sa site. But surveying is an occular act: establish each boundaries…)
2. Filing of the application for land registration with proper COURT
-hire lawyer to file APPLICATION FOR LAND REGISTRATION:
• In writing
• Must contain all the information needed in connection with the application
1. Sufficient both in form and substance
2. Under oath
3. Contain a lot of information relevant: person who encumbered…
• Filed in RTC where land is located: not a matter of venue, but also of jurisdiction
GR: EOJ of RTC
X: SC Circ delegated the power to hear and decide applications for land registration to MTCs where the land applied for is NOT CONTESTED or does not exceed the jurisdictional amount allowed for MTCs (Check BP129) - in case of appeal, appeal goes to CA, not RTC (since RTC itself delegated the power to hear and decide to MTC, so MTC acted as if it were RTC) - Section 34, BP 129
3. Court issues order for initial hearing of the application
-if found sufficient in form and substance
4. Transmittal of the order of the court to the land registration authority, together with duplicate copy of the application
LRA: a technical arm of the court: assists the court
-has power to withhold initial hearing if it finds the application not to be correct
-can examine the survey plans, even if already approved by director of lands
*also regarded as the general clerk of court in all land registration proceedings
5. LRA prepares and issues the corresponding notice of initial hearing
6. Service of the notice in accordance with law
-served by publication: in OG and in newspaper of general circulation
-served also to persons entitled to it (registered mail):
• Applicant
• Adjoining owners
• Actual applicants
• Any person to whom property is encumbered
• Officials of Government involved
-posted in places required by law: bulletin board of court, municipal building, land
7. Filing of oppositions to the application of land registration
• Grounds
• Right of the oppositor to the land
• Filed with the court on or before the date of initial hearing, otherwise default
8. Initial hearing of the application
-preliminary: preliminary questions
*jurisdictional requirements complied with? "Are you ready with your jurisdictional facts?"
-present jurisdictional exhibits:
• Application itself "for land registration": case within jurisdiction
• Land located w/n its territorial jurisdiction: plan showing location of the land, statements made regarding location of the property in the application
• Jurisdiction over the person: present application showing name and signature of applicant (proof of applicant's submission to the jurisdiction of the court); present opposition to the application together with name and signature of the oppositor (proof that court has acquired jurisdiction over person of the oppositor)
• Jurisdiction to hear and decide the case: application itself, Order of LRA for Notice of initial hearing
• proof of publication in OG and newspaper of general circulation : certificate of publication issued by the director of the national printing office (NPO), copy of the official gazette, affidavit of publication executed by the publisher/responsible officer + copy of the newspaper/clipping
• Proof of notice:
• Proof of posting: certificate of posting issued by the sheriff/process server of the court
-court then asks who opposes: asks if filed opposition. If none, would request to have 10 days to file opposition - but of course, can file (orally) a motion for general default!
ORDER OF GENERAL DEFAULT: all persons who did not appear, did not file any answer to the application, would be considered to have lost their locus standi in court -would now be in default, no longer a party in the proceedings, all material allegations are deemed admitted by the defaulted party BUT it does not relieve the applicant of the burden to prove that he has a registrable title to
9. Reception of evidence and demerits of the application
REGALIAN Doctrine
Registrable interest in property: nothing less than ownership in fee simple
"Ownership in fee simple" you own the land under the modes provided by law
-when marcos outlawed the spanish titles…
-occupation of land since june 12
-possession has been open, continuous, exclusive, notorious, and under bona fide ownership
Won PRIVATE corporation can apply for private agricultural land: (but they can be granted if by lease): ACME Plywood Case: a Private corporation is not necessarily disqualified for judicial confirmation under consti because the land, after lapse of certain time, ceases to be public land
MAX limit for area: needs to be settled by legislation
_1968 Law: established limit of 144ha for judicial confirmation of title
Vs Consti: max of 12ha for homestead (but only for homestead so still 144)
*land has already been classified as alienable (not forest/national park/mineral land)
10. Promulgation of judgment by the Court
Dismissal or approval
Dismissal:
• Without prejudice: does not prevent applicant from filing another application for the same land in the future in the event that he gathers sufficient evidence ("for sufficiency of evidence, this application shall be dismissed. However, this shall be without prejudice") - if no conclusive adjudication as to the status of the land, w/o prejudice
-no Writ of Execution: ask court for a final decree and the issuance of the Final Decree of Registration (OID): Order for  issuance of Decree: ordered by the court upon proof that the decision of the court became final (PD1529: final 30 days after notice of judgment vs. ROC: 15 days after notice of judgment - 15 days daw sabi ng court for uniformity purposes)
-OID may be motu proprio: the court could issue order even w/o motion because they are required to do so (but it would be seldom that a court would initiate such motion)
-is there a rule for Execution pending appeal in LTD? Case law: NOT APPLICABLE. To issue a decree in land registration proceedings pending appeal (1) constitutes a GAD: under LR law, Decree of Registration only issued after decision is final; (2) with dangerous consequences: may be circulated and loko 3p; (3) goes against the very essence and purpose of land registration system
11. Issuance of the Final Decree of Registration by the LRA
-effects:
• Quiets title to the land (removes all clouds of doubts on the title: conclusive and binding upon the whole world - proceeding in rem )
• Binding upon all persons, whether named or not in the notice
• Shall not be reopened by reason of absence, minority or infancy, or disability
12. Transmittal of the Decree of Registration to Register of Deeds of the Province where land located
13. Entry of Decree in the registration book of the register of deeds
14. Issuance of the ORIGINAL CERTIFICATE OF TITLE (OCT)
- issued by Register of deeds, certifying to the ownership of the land by the person whose name appears in the certificate
-certificate of ownership in effect
-a public document: admissible in evidence in all courts and in all kinds of proceedings as conclusive evidence
-if title does not contain any encumbrance or any lien on the title, then the title is not bound by anything that does not appear in the title: it removes all clouds on the title
-indefeasible: in case of conflict between Torrens title and spanish title: Torrens title wins!
Torrens title vs. tax declaration: Torrens title wins
Torrens title vs. any document: torrens title wins!
-imprescribtibility of Torrens title: so no title to the land can be acquired by acquisitive prescription if already covered by Torrens title; the right of the holder of Torrens title to recover property from anyone claiming it does not prescribe; includes right to recover possession of the land, even if the rule refers to the title on the property
-not subject to collateral attack