Module-3-Laws-Rules-and-Regulations.pdf
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MODULE 3 LAWS, RULES AND REGULATIONS At the end of the units, the students must be able to: 1. Know the topics covered by the subject Laws in the Geodetic Engineering Licensure Examination. 2. Answer Licensure Examination type problems and que...
MODULE 3 LAWS, RULES AND REGULATIONS At the end of the units, the students must be able to: 1. Know the topics covered by the subject Laws in the Geodetic Engineering Licensure Examination. 2. Answer Licensure Examination type problems and questions from review center references and licensure examination books covered by the subject Laws. Geodetic Engineering Law Topics EO 229 Mechanism for the Implementation of the CARP PD 27 Tenant Emancipation Decree PD 461 Creation of the Department of Natural Resources PD 957 Subdivision and Condominium Buyers’ Protective Decree PD 1067 Water Code of the Philippines PD 1216 Redefining the Open Space in Residential Areas to 30% PD 1529 Property Registration Decree RA 386 Civil Code of the Philippines - Property Act No. 496 Land Registration Act RA 4374 Geodetic Engineering Law RA 4726 Condominium Act RA 6389 Code of the Agrarian Reforms of the Philippines RA 6657 Comprehensive Agrarian Reform Law of 1988 RA 8560 Philippine Geodetic Engineering Act of 1998 BP 220 Economic and Socialized Housing Project BP 344 Accessibility Law CA 141 Public Land Act CA 310 Punishes transfer of private agri lands to disqualified people EO 129 Reorganization of DAR and other purposes EO 228 Declaring full land ownership to qualified farmer covered by PD 957 EO 355 Land Settlement and Development Corporation (LASEDECO) EO 405 Vesting Land Bank the responsibility of all lands under RA 6657 EO 407 Accelerates distribution of suitable agricultural lands in public domain PD 2 Proclaiming entire Philippines as Land Reform Area PD 223 Act creating the Professional Regulatory Commission PD 266 Providing the mechanics of registering titles under PD 27 PD 424 Creation of the National Water Resources Council (NWRC) PD 463 Mineral Resources Development Decree PD 704 Fisheries Code of the Philippines PD 705 Revised Forestry Code of the Philippines PD 757 Creation of the National Housing Authority PD 892 Discontinuance of the Spanish Mortgage Law on Registration of Titles PD 972 Coal Development Act of 1976 PD 1151 Philippine Environmental Policy PD 1152 Environmental Code of the Philippines PD 1308 Law regulating the practice of Environmental Planning Profession PD 1517 Urban Land Reform of the Philippines PD 1899 Implementation of the Small-Scale Mining in the Philippines RA 26 Reconstitution of Torrens Certificate RA 274 Subdivision and Sale of Idle Lands RA 387 Petroleum Act of 1949 RA 456 Prohibits registration of delinquent documents affecting real property RA 1160 Creation of the National Resettlement and Rehabilitation Administration (NARRA) RA 1191 Relations between landholders and tenant of agricultural lands RA 1199 Agricultural Tenancy of the Philippines RA 1400 Land Reform Act of 1955 Act No. 1508 Chattel Mortgage Law RA7586 NIPAS RA 1899 Reclamation of foreshore lands by cities and municipalities RA 2056 Identification of the navigability of water resources like rivers RA 2259 Cadastral Act RA 3038 Authorizes the Secretary of Agriculture to sell or lease lands RA 3512 Creation of the Philippine Fisheries Commission RA 3601 Creation of National Irrigation Administration on June 1963 RA 3844 Agricultural Land Reform Code of 1963 Act No. 4054 Rice Share Tenancy Act RA 6541 National Building Code RA 6552 Realty Instalment Protection Act (Maceda Law) RA 7076 Small Scale Mining Program Act RA 7160 Local Government Code RA 7279 Urban Development and Housing Act of 1992 RA 7652 Investors’ Lease Act RA 7942 Philippine Mining Act of 1995 RA 8368 Repealed the law criminalizing squatting RA 8371 Indigenous People Rights Act of 1997 (IPRA Law) RA 8435 Agricultural and Fisheries Modernization Act of 1997 (AFMA) RA 8550 Philippine Fisheries Code of 1998 RA 9072 National caves and cave resources management and protection act LESSON 1. OBLIGATION AND CONTRACTS (Book IV New Civil Code of the Philippines, RA 386) OBLIGATION An obligation is a juridical necessity to give, to do or not to do. Two types of Obligation: o Civil one which has a binding force in law; gives to the obligee (creditor) the right to enforce against the obligor (debtor) in a court of justice. o Natural one which cannot be enforced by action; based on equity and natural law. Essential requisites of an obligation (APOV): o An active subject, who has the power to demand the prestation, known as the creditor or obligee; Rights of the Creditor (Obligee): To compel delivery of the thing due or specific performance To recover damages in case of breach from the debtor Entitlement to fruits and interests from the time the obligation to deliver arises o A passive subject, who is bound to perform the prestation, known as debtor or obligor. Duties of the Debtor (Obligor) Preserve or take care of the thing due To deliver the thing itself To deliver the fruits of the thing To deliver the accessions and accessories To pay for damages in case of breach o An object or the prestation which may consist in the act of giving, doing or not doing something. o Action An ordinary suit in court of justice by which one party prosecutes another for the enforceable or protection for a right or a prevention or redress of a wrong (Sec. 1. Rules of court). Example: Carding bought a refrigerator from Nena but Carding did not pay the refrigerator. If after demand, Carding still did not pay, Nena can sue Carding in Court either to demand payment or for recovery of the refrigerator. o The vinculum juris or the juridical tie/necessity between the two subjects by reason of which the debtor is bound in favor of the creditor to perform the prestation. It is the legal tie which constitutes the source of obligation—the coercive force which makes the obligation demandable. Juridical Necessity It means the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance. Example of an Obligation: Carding enters into a contract of sale with Nena, the former paid the purchase of a refrigerator to the latter. Carding is the passive subject or debtor and Nena is the active subject or creditor. The object or prestation is the refrigerator and the obligation to deliver is the legal tie or the vinculum juris which binds Carding and Nena. Sources of Obligation: Law; Examples: It is the duty of the Spouses to support each other. (Art. 291, New Civil Code) And under the National Internal Revenue Code, it is the duty of every person having an income to pay taxes. Contract is the only one of the sources of obligation, while obligations have other sources like law, quasi-contracts, delicts or quasi-delicts. Kinds of Contracts: o Consensual Contracts Contracts which are perfected by mere consent of the parties regarding the subject matter and the cause of the contract o Real Contracts Contracts which are perfected not merely by consent but by delivery, actual or constructive, of the object of the obligation. o Formal or Solemn Contracts Contracts for which a special form is necessary for its perfection. Example of Formal Contracts: The donation of a movable may be made orally or in writing. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing, otherwise, the donation shall be void. Stipulation to pay interest on loans, interest for the use of money must be expressly made in writing. Agent to sell real property or any interest therein. Authority of the agent must be in writing; otherwise, the sale is null and void. GENERALLY, form is not required. It is enough that there be consent, subject matter and cause Exceptions: o Formal contracts o Real contracts Note: Obligations arising from contracts have the force of law between the contracting parties because that which is agreed upon in the contract by the parties is the law between them, thus, the agreement should be complied with in good faith. Examples: A contract of lease was executed between Carding as the lessee and Nena(owner) as the lessor for the rent of an apartment. Contract of Sale or Contract to Sell Quasi-contracts The ‘quasi’ literally means ‘as if’. The juridical relation resulting from a lawful, voluntary and unilateral act which has for its purpose the payment of indemnity to the end that no one shall unjustly enrich or benefited at the expense of another. Kinds of Quasi-contracts: Solutio Indebiti (Payment by mistake) It is the juridical relation which arises when a person is obliged to return something received by him through error or mistake. Example: Arvin owed Ian the sum of P1, 000.00. By mistake, Arvin paid P2, 000.00. Ian has the obligation to return the P1, 000.00 excess because there was payment by mistake. Negotiorum gestio (management of another’s property) It is the voluntary management or administration by a person of the abandoned business or property of another without any authority or power from the latter. Example: Victor, a wealthy landowner suddenly left for abroad leaving his livestock farm unattended. Ramon, a neighbor of Victor managed the farm thereby incurring expenses. When Victor returns, he has the obligation to reimburse Ramon for the expenses incurred by him and to pay him for his services. Acts or omissions punished by law; While an act or omission is felonious because it is punished by law, the criminal act gives rise to civil liability as it caused damage to another. Civil obligations arising from offenses shall be governed by the penal laws. As a rule, every person liable for felony is also civilly liable. Civil liability arising from delicts/crimes: Restitution – which is the restoration of or returning the object of the crime to the injured party. Reparation – which is the payment by the offender of the value of the object of the crime, when such object cannot be returned to the injured party. Indemnification – the consequential damages which includes the payment of other damages that may have been caused to the injures party. Example: Mario was convicted and sentenced to imprisonment by the Court for the crime of theft, the gold wrist watch, of Rito. In addition to whatever penalty that the Court may impose, Mario may also be ordered to return (restitution) the gold wrist watch to Rito. If restitution is no longer possible, for Mario to pay the value (reparation) of the gold wrist watch. In addition to either restitution or reparation, Mario shall also pay for damages (indemnification) suffered by Rito. Quasi-delicts one where whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. It is also known as tort - it is the fault or negligence of a person, who, by his act, connected or unconnected with but independent from any contractual relation causes damage to another person; there is only civil liability. Example: If Pedro drives his car negligently and because of his negligence hits Jose, who is walking on the sidewalk of the street, inflicting upon him physical injuries. Then Pedro becomes liable for damages based on quasi-delict. Note: The main sources are really Law and Contracts. The other sources are also established by law. Nature and Effects of Obligations Obligation to give (real obligation): o Specific (determinate) thing- particularly designated or physically segregated from all other of the same class identified by individuality (cannot be substituted). o Generic (indeterminate) thing- object is designated only by its class/ genus/ species. (can be substituted by any of the same class and same kind) Obligation to do (personal obligation): o To do or perform it o To shoulder the cost of having someone else do it o To undo what has been poorly done (substandard) o To pay for damages in case of breach (not doing or performing it) Obligation not to do: o Not to do what should not be done o To shoulder the cost of undoing what should not have been done o To pay for damages in case of breach (doing it) Types of Fruits: Natural fruits o The spontaneous products of the soil, and the young and other products of animals (i.e. grass, trees and plants on lands produced without the intervention of man) Industrial fruits o Those produced by lands of any kind through cultivation or labor (i.e. vegetables, rice and all products of lands brought about by reason of human labor) Civil fruits o Those derived by virtue of a juridical relation (i.e. rents of buildings) Kinds of Obligation Pure Obligations Effectivity or extinguishment do not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period and which is characterized by the quality of immediate demandabality. Conditional Obligations Presence of a condition- a future and uncertain fact or event upon which an obligation is subordinated; effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain fact or event. o Suspensive Condition shall only be effective upon the fulfillment of the condition Ex. “I will give you a car if you pass the GE Board exam.” o Resolutory Condition immediately demandable but subject to threat by the happening of the resolutory condition Ex. “You can stay in my house until you get a job.” o Potestative Condition Fulfillment of the condition depends upon the will of either parties Obligations with a period or term Those whose demandability or extinguishment is subject to the expiration of a term or period- referring to an interval of time which is future and certain. o As to the effect Ex die (suspensive period) – obligation begins only from a day certain upon the arrival of the period In diem (resolutory period) – obligation valid up to a certain day and terminates upon the arrival of period o As to source Legal period – when it is provided by law Conventional or voluntary – when it is agreed by both parties Judicial – when fixed by court o As to definiteness Definite – when fixed or it is known when it’ll come. Indefinite – when period is not fixed but intended. Simple Obligation There is only a single prestation. Compound Obligation There is more than one prestation. o Conjunctive – all prestations are due o Distributive – one of two or more prestations are due. Alternative – comprehends several objects or prestations which are due, but it may be complied with by the delivery or performance of only one of them Facultative – comprehends only one object or prestation which is due, but it may be complied with by the delivery of another object or the performance of another prestation in substitution Individual Obligation – there is one obligor and one oblige Collective Obligation – more than one obligor and oblige o Joint Obligation – several creditors or several debtors; each of the creditors has a right to demand and each of the debtor is bound to render, compliance with his proportionate part of the prestation; “to each his own” o Solidary Obligation – the debtor is bound to render, entire compliance with the prestation; “one for all, all for one” Obligations with a Penal cause – contains an accessory undertaking to pay a previously stipulated indemnity in case of breach Reciprocal Obligations – parties are mutually or reciprocally obliged to do or to give something Unilateral Obligations – only one of the parties is obliged to do or to give something. SAMPLE BOARD EXAM QUESTION Mang Juan promised to pay Engr. Maria P150,000.00. if he can undertake subdivision survey of his property which is located in a wild area. This is example of a ____. a. Pure obligation and contract b. Mixed obligation and contract c. Casual obligation d. Conditional obligation Breach of Obligations: Default or Delay (Mora) o Failure to perform an obligation on time which constitutes breach of the obligation o Types of Delay or Mora Mora solvendi- delay on the part of the debtor to fulfill his obligation either to give or to do Mora accipiendi- delay on the part of the creditor to accept the performance of the obligation Compensatio Morae- delay of both parties in reciprocal obligation Fraud (dolo) in the performance of Obligation o Deliberate or intentional evasion of the normal fulfillment of an obligation. o The following must appear in a public document (Statue of Frauds): Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains; The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. Negligence (Culpa) in the performance of an obligation o Omission of that diligence which is required by the nature of obligation and corresponds with the circumstances of the person, of time and of the place. o Absence of due care required by the nature of the obligation; unintentional Note: In performing an obligation, ordinary diligence required is diligence of a good father. o Kinds of Negligence(Culpa): Culpa Contractual Negligence is merely incidental in the performance of an obligation (breach or non-fulfillment of contract) Culpa Aquiliana Negligence is substantive and independent (will result to Torts or Quasi-delict) Culpa-criminal criminal negligence of that which results in the commission of crime or a delict. o Extent of Damages to be awarded: Bad Faith Debtor is liable for all damages which can be reasonably attributed to the non-performance of the obligation. Good Faith Debtor is liable only for the natural and probable consequences of the breach. Contravention of Tenor - every debtor who fails in the performance of his obligations is bound to indemnify the creditor for the damages caused thereby. o Substantial breach total breach, non-performance that leads to rescission of contracts o Slight or casual breach obligation is partially performed and gives to rise to liability for damages only Fortuitous event (force majeure) o A legal excuse for breach of obligation (except delivery of generic things) o A happening independent of the will of the debtor and which makes the normal fulfillment of the obligation impossible o Kinds of Force Majeure: Act of God- due directly or exclusively to natural causes without human intervention (i.e. calamity, tsunami). Act of Man- essentially an act of man includes unavoidable accidents but no fault or negligence on part of the debtor. Remedies Available to Creditor in Case of Breach Specific performance by the debtor Right to rescind or cancel the contract Damages if debtor is guilty of fraud, negligence or delay and those who in any manner contravene the tenor General Rule in Obligation Obligations are binding only between the parties thereto, their heirs, assignees and the estate. Exception to the Rule Accion Subrogatoria o Requisites: Debtor to whom the right of action properly pertains must be indebted to the creditor Debt is due and demandable Debtor’s assets are insufficient to satisfy the debt The creditor must be prejudiced by the failure of the debtor to collect his own debt from third persons, either malice or negligence. Accion Pauliana o Requisites: There is a creditor in favor of a plaintiff prior to alienation of property Debtor has the intent to alienate his property to a third person (accomplice) to prejudice the creditor Extinguishment of Obligation By Payment or Performance o Legal Tender currency which a debtor can legally compel a creditor to accept in payment of a debt in money when tendered by the debtor in right amount. o Payment by Cession assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the later may sell the same and apply the proceeds thereof to the satisfaction of credits. o Dation in Payment conveyance of a thing as an accepted equivalent performance. o Consignation depositing of object of an obligation in a competent court Loss of thing due the thing which constitutes the object of the obligation perishes or goes out of the commerce of man or disappears in such a way that its existence is unknown or it can’t be recovered. Condonation or remission of debt the obligee without receiving any price or equivalent renounces the enforcement of the obligation. Confusion or merger of rights merger of the characters of creditor and debtor in one and the same person by virtue of which the obligation is extinguished Compensation- offsetting of two obligations which are reciprocally extinguished if they are of same value. Novation- substitution or change of the obligation by subsequent one which extinguishes or modifies the first CONTRACTS Contracts the meeting of minds between two persons whereby one binds himself with respect to the other. Stages of A Contract Preparatory or conception – process of formation such as bargaining, negotiation to arrive at a define contract. Perfection or birth – there is now a meeting of minds to arrive at a definite agreement as to the subject matter, cause or consideration, terms and conditions of contract. Consumption or death – which is the fulfillment or performance of the terms and conditions agreed upon in the contract may be said to have been fully accomplished or executed. Essential Requisites of Contract Consent of the contracting parties manifested by meeting of the offer (proposal made by a party to another) and the acceptance (manifestation by the proposed party of his assent to the terms of the other.) upon the thing and the cause which are to constitute the contract o Characteristics of Consent: Intelligent – has the capacity to give consent. Free and voluntary Conscious or spontaneous – consent must be given without mistake, undue influence or fraud o Grounds that render consent defective: Incapacity Error or mistake Violence of force was used Due to intimidation or threat Undue influence taking improper advantage of power Fraud or Deceit committed by a third person o Who cannot give consent to a contract? Unemancipated Minors Insane or demented persons, deaf-mutes who do not know how to write Persons suffering accessory penalty of civil interdiction Hospitalized lepers Those who have sound mind but with lucid intervals Person who can’t take care of himself. Object certain which is the subject matter of the contract o All rights may be an object of contract unless intransmissible by nature, by provision of law or by stipulation. o Object of every contract must be determinate to its kind. o Requisites: Within commerce of man Must be physically or legally possible In existence / capable of coming into existence Determinate/determinable without the need of new contract Cause of the obligation which is established, compelling reason for which a party assumes an obligation under a contract o Requirements of cause: Should exist at time of transaction Must be consistent with law, morals etc. Must be true o Kinds of contracts as to cause: Onerous – parties are reciprocally obligated to each other Renumeratory – cause of contract is a service or benefit which is renumerated. Gratuitous – cause of contract is for the benefit of another. Defective Contracts Void or Inexistent Contracts o No legal effect at all o Contracts that are inexistent and void from the beginning. o Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; o Those which are absolutely simulated or fictitious; o Those whose object is outside the commerce of men; o Those which contemplate an impossible service; When to nullify? The action does not prescribe Unenforceable Contracts o Those that cannot be enforced in court or sued upon by reason of certain defects provided by law until and unless they are ratified according to law. When? When a party asks the court to enforce the contract Example of Unenforceable Contracts: Contract entered into without authority of, or in excess of authority given by owner Contracts covered by statute of frauds which did not comply with the written memorandum requirement Contract where both parties are incapable of giving consent to contract Rescissible Contracts o Valid until rescinded. All essential requisites of a contract exist but there is injury or damage to one of the parties or to third persons – external or extrinsic defect consisting of an economic damage. When to rescind? Within 4 years from knowledge of fraudulent contract Example of Unenforceable Contracts: When the acts of administration cause lesion or damage to the ward they represent When the acts of administration cause lesion or damage to the absentee they represent When the creditors cannot in any other manner collect the claims due them If entered into by the defendant without the knowledge and approval of the litigants or competent judicial authority Voidable Contracts o The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: Those where one of the parties is incapable of giving consent to a contract; Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. When to annul? Within 4 years from discovery Reformation of Contracts Remedy in equity by means of which a written instrument is made to construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. LESSON 2. LAWS ON PROPERTY Property All things which are, or may be, the object of appropriation. Characteristics: o Utility – capacity to satisfy human wants o Substantivity and Individuality – separate and autonomous existence o Susceptibility of being appropriated – what cannot be appropriated because of their distance, depth, or immensity cannot be considered ‘things’ (i.e. stars, ocean) Rights as Property Real right – A right or interest belonging to a person over a specific thing without a definitive passive subject against whom such right may be personally enforced. Personal right – A right of a person to demand from another as a definitive passive subject, the fulfilment of latter’s obligation Classification of Property Based on Mobility o Real or Immovable properties (No need to memorize!!) Cannot be carried from place to place Attached to an immovable in a fixed manner to be an integral part thereof It is placed in an immovable for the utility it gives to the activity carried thereon. Classified by express provision of law because it is regarded as united to the immovable property o Personal or Movable Properties Real property considered personal property by special provision of law Forces of nature In general, all movable things obligations and actions Based on Ownership o Public Dominion Property of public dominion is outside the commerce of man. They cannot be the subject matter of private contracts, cannot be acquired by prescription and intended for public use. Property owned by the state in its public or sovereign capacity and intended for public use and not for the use of the state as juridical person Does not import the idea of ownership; not owned by the state but simply under its jurisdiction and administration Properties of Public Dominion: For public use may be used by everybody, even by strangers or aliens For public service may be used only by authorized persons but exists for the benefit of all i.e. fortress, civil buildings For development and national wealth includes natural resources such as minerals, coal, oil and forest Example: Roads, canals, rivers, torrents, ports and bridges constructed by the State SAMPLE BOARD EXAM QUESTION Can we acquire public domain through prescription? a. Yes, if we are in actual occupation and cultivation b. No, because There is no land application filed. c. Yes, if we are in open and continuous possession d. No, it cannot be acquired through prescription o Private ownership Can be exercised by the State in its private capacity (patrimonial) or by private persons Patrimonial property Part of the public domain owned by the State in its private capacity for economic purposes Example: Friar lands, Escheated properties and Commercial buildings Properties of Private Ownership All property belonging to private persons either individually or collectively and those belonging to the state and any of its political subdivisions which are patrimonial in nature. Property in Conjugal Property Gains Conjugal Property property of the husband and wife acquired after marriage. Capital Property exclusive property of the husband Paraphernal Property exclusive property of the wife Based on Physical Existence o Corporeal all the property the existence of which can be determined by the senses o Incorporeal things having abstract existence creating by man and representing value (real rights, credit etc.) Based on Autonomy or Dependence o Principal those to which other things are considered dependent or subordinated, such as the land on which a house is built o Accessory those which are dependent upon or subordinated to the principal. They are designated to complete, enhance or ornament another property Based on Subsistence After Use o Consumable those whose use according to their nature destroys the substance of the thing or causes their loss to the owner (i.e. food) o Non-consumable money in coin Susceptibility to substitution Fungibles- things which because of their nature or the will of the parties are capable of being substituted by other of the same kind Non-fungibles- things which cannot be substituted for another Importance and Significance of Classification In Criminal Law o Usurpation of property can take place only with respect to real property. o Robbery and theft can be committed only against personal property. In the Form of Contracts Involving Movables and Immovables o Subject matter of specific contracts: Only real property can be the subject of real mortgage Only personal property can be the subject chattel mortgage o Donations of real property are required to be in a public instrument For Acquisitive Prescription o Real property can be acquired by prescription in 30 years (bad faith) and 10 years (good faith). o Movables can be acquired by prescription in 8 years (bad faith) and 4 years (good faith). Possession vs Ownership Possession o The holding of a thing or the enjoyment of a right whether by material occupation or by the fact that the thing or the right is subjected to the action of our will. o Forms or degrees of possession: Possession without any title whatsoever Possession with a juridical title Possession with a just title Possession with a title in fee simple o Nature of possession: act, fact, right o Extent of possession: Actual possession – occupancy in fact of the whole or at least substantially the whole Constructive possession – occupancy of part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole. o Writ of Possession A writ of execution commanding the sheriff to enter the land and give possession thereof to the person entitled under the judgment. o Ways of Acquiring Possession By material occupation or exercise of a right By subjection of the thing or right to our will By proper acts and legal formalities established for acquiring such right of possession o Modes of Losing Possession By abandonment By assignment By destruction, total loss, withdrawal from commerce Possession of another for more than one year Recovery by lawful owner or possessor SAMPLE BOARD EXAM QUESTION Is abandonment applied in registered land? a. No, only portional property may be abandoned b. Yes, it is applied to all registered of lands c. No, only registered land, because all kinds of property can be abandoned d. Yes, register land can be abandoned for non-payment of taxes. Ownership Independent right of exclusive enjoyment and control of a thing Rights Included in Ownership: o Right to enjoy and dispose of a thing, without other limitations than those established by law o Right of action against the holder and possessor of the thing in order to recover it. Basket of Rights (Ownership) Jus Utendi: Right to enjoy and receive what the property produces Jus Fruendi: Right to receive fruits Jus Accessiones: Right to the accessories Jus Abutendi: Right to consume a thing by use Jus Disponendi: Right to alienate, encumber, transform or even destroy the thing owned Jus Vindicandi: Right to recover possession of property based on a claim of ownership Jus Possidendi: Right to possess the property Limitations on the Right of Ownership Imposed in general by the state Imposed by law Imposed by grantor of property Imposed by owner Arising from conflicts or private rights Limitations of Ownership of Properties Police Power Power of the government or agencies to regulate private real estate ownership to protect well-being and general welfare of its citizens. Power of Taxation Government collects taxes on property for the general support of the state and for maintenance of public service. Escheat – reversion of the property to the government when the owner dies without leaving a will or heirs. Specific Rights of the Owner Right to Self-Help o Authorizes an owner to use reasonable counterforce to prevent or stop another person from taking the former’s property. o But if the physical invasion must not have been succeeded yet otherwise the owner can no longer use force but must file an action to recover with the court. o The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert in imminent danger. The owner may demand from the person benefited, indemnity for the damages to him. Right to Enclose or Fence any person or owner may enclose or fence his lands or tenements. o Easements/ Servitude Once requisites are satisfied, the Court may be asked to declare the existence of an easement/servitudes Easement An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. Dominant Estate the immovable in favor of which the easement is established Servient Estate the immovable which is subject to the easement Example: (a) Aqueduct (b) Planting of trees (c) Light and View (d) Right of Way (e) Passage of water from upper to lower tenements (f) Drainage of buildings (g) Lateral and subjacent support Classification of Servitudes: As to its exercise o Continuous: Use is or may be incessant, without the intervention of any man o Discontinuous: Used at intervals, and dependent upon the acts of man. As indication of its existence o Apparent: Made known and continually kept in view by external signs that reveal the use and enjoyment of the same o Non-apparent: No external indication of their existence Modes of Acquiring Easements: By Title – juridical act which gives rise to the servitude (e.g. law, donations, contracts or wills) o Deed of recognition by owner of servient estate: By affidavit or a formal deed acknowledging the servitude By final judgment: Owner of the dominant estate must file a case in Court to have the easement declared by proving its existence through other evidence By Prescription o Easement must be continuous and apparent. o Easement must have existed for 10 years. o NO NEED for good faith or just title. Note: Right of way, cannot be acquired by prescription. There must be a court order or acknowledgement from the owner of the servient estate. The absence of document or proof of easement cannot be acquired by prescription but may be cure by a deed of recognition or by a final judgement. Easements Relating to Waters: Lower estates are obliged to receive the waters naturally and without the intervention of man descend from the higher estates. The owner of the higher cannot construct works which will impede the easement or will increase burden to the lower estate. Easements of Right of Way: The dominant owner without adequate outlet to a public highway is entitled to demand a right of way through the neighboring estates, after payment of right indemnity. Ruinous Buildings and Trees in Danger of Falling: o If a building, wall, column or any other construction is in danger of falling, the owner shall be obliged to demolish it or to execute necessary work in order to prevent it from falling. o Administrative authorities may order the demolition of the structure at the expense of the owner. o Whenever a large tree threatens to fall, the owner shall be obliged to fell and remove it by order – of the administrative authorities. Right to Receive Just Compensation o Eminent Domain Power of government to take private property for public use upon payment of just compensation. Right to Accession o The right by virtue of which the owner of a thing becomes the owner of everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially o The right pertaining to the owner of a thing over its products and whatever is attached thereto either naturally or artificially. o Classification of Accession: Accession Discreta (fruits) – the right pertaining to the owner of a thing over everything produced thereby. Right of ownership to the fruits. (natural, industrial and civil fruit) Accession Continua – the right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially; by external forces (by external forces) Accesion Natural: Accretion the addition or increase received by the land. Alluvion Soil is gradually deposited on banks adjoining the river. Effect: Land automatically owned by the new riparian owner to offset the owner’s loss from possible erosion due to the current of the river. The accretion which the banks of river gradually receive from the effects of the water and which belongs to the owners of land adjoining the said banks. Requirements: o Accumulation of soil or sediment must be gradual or imperceptible o Accretion results from the effects or action of the current of the waters of the river o The land wherein accretion takes place must be adjacent to the bank of the river Avulsion A known portion of land is segregated from one estate by the forceful current of a river, creek or torrent and transferred to another. Effect: The ownership of the detached property is retained by the owner subject to removal within 2 years from the detachment. The accretion which takes place when the current of a river, creek or torrent segregates a known portion of land from an estate on its bank and transfers it to another state. Requirements: o Segregation and transfer must be caused by the current of a river, creek or torrent o Segregation and transfer must be sudden or abrupt o Portion of land transported must be known or identifiable SAMPLE BOARD EXAM QUESTION 1. Why are alluvial deposits given to the owners of lands adjoining the banks of rivers? a. The owner is still considered landless. b. Because the adjoining owner is a tenant. c. To make every square inch of the land productive. d. To offset his loss for possible erosion. 2.Is an alluvial deposit on land formed by accretion automatically belongs to the littoral owner? a. Yes, the adjoining owner becomes the owner. b. Yes, because it can be acquired through possession. c. No, because it is a part of the public domain. d. No, because the land is not yet surveyed by a G.E 3. Andres is a riparian owner of a parcel of registered land. His land, however, has gradually diminished in area due to the current of the river, while the registered land of Mario on the opposite bank has gradually increased in area by 200-square meters. Who has the better right over the 200-square meter area that has been added to Mario's registered land, Mario or Andres? a. Mario b. Andres o Accessories Things joined to or included with the principal thing for the latter’s embellishment, better use, or completion. (ex. key of a car) Those things which are joined attached to the principal object as ornament or to render it perfect. Example: Radio attached to a car; or key to a car Right to Space and Subsoil The state has the total right on the airspace above the land and waters but excluding the outer space. Right to Hidden Treasure Any hidden and unknown deposit of money jewels or other precious objects, the lawful ownership of which does not appear. Finder by chance who is not a trespasser gets ½ of the value of the hidden treasure. SAMPLE BOARD EXAM QUESTION: O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided? A. 100% to O as finder B. 50% to O and 50% to the spouses X and Y C. 50% to O and 50% to the state D. None of the above Right to Recover Possession o Actions for Recovery of Possession Possession of real property – recovered through accion reivindicatoria, accion publiciana, forcible entry and unlawful detainer. Accion Publiciana Recovery of a better right to possess. o Judgment as to who has the better right of possession o Also, actions for ejectment not filed within 1 year must be filed as accion publiciana o Prescription: 10 years Accion Reivindicatoria Recovery of ownership of real property o Including but not limited to possession o Prescription of Action: 30 years Ejectment Suits Forcible Entry Lawful possessor deprived through FISTS: o FISTS (Force, Intimidation, Strategy, Threats, Stealth) o Prescription: 1 year from dispossession (force, intimidation, threats) or from knowledge of dispossession (strategy, stealth) Unlawful Detainer Possessor refused to vacate upon demand by owner o Legal possession (by permission/ tolerance) becomes unlawful upon failure to vacate o Prescription of action: 1 year from last notice to vacate. SAMPLE BOARD EXAM QUESTION 1. If you are a victim of a forcible entry, what will you do to protect your interests. a. Use force and intimidation to recover your property. b. Call the attention of the concerned MARO. c. Refer the matter to the LRA administrator. d. File and complain for ejectment immediately. 2. In 1965, Renren bought from Robyn a parcel of registered land evidenced by a duly executed deed of sale. The owner presented the deed of sale and the owner’s certificate of title to the Register of Deeds. The entry was made in the day book and corresponding fees were paid as evidenced by official receipt. However, no transfer of certificate of title was issued to Renren because the original certificate of title in Robyn’s name was temporarily misplaced after fire partly gutted the Office of the Register of Deeds. Meanwhile, the land had been possessed by Robyn’s distant cousin. Mikaelo, openly, adversely and continuously in the concept of owner since 1960. It was only in April 1998 that Renren sued Mikaelo to recover possession. Mikaelo invoked acquisitive prescription. Who is the registered owner of the land? a. Renren b. Robyn c. Mikaelo d. Government o Action for reconveyance of real properties Action based on fraud – 4 years Action to quiet title where plaintiff is in possession – imprescriptible Action to quiet title where plaintiff is not in possession – 10 years (ordinary prescription) or 30 years (extraordinary) OTHER ACTIONS Action to foreclose mortgage: prescribes after 10 years from the time the obligation secured by the mortgage becomes due and demandable o Possession of movable property – recovered through replevin. Replevin For manual delivery of property Prescription of Right: 4 years (Good faith) or 8 years (Bad Faith) Modes of Acquiring Ownership Law as a Mode recognized as modes of acquisition because the law so provides. Tradition It is a derivative mode of acquiring ownership and other real rights by virtue of which they are transmitted to the grantee through a just title. The delivery of a thing constitutes a necessary and indispensable requisite for the purpose of acquiring the ownership. o Kinds of Delivery Real Tradition: Physical Delivery Constructive Tradition: when the delivery of the thing is not real or material but consists merely in certain facts indicative of the same Example: Symbolical Tradition: done through the delivery of signs or things which represent that which is being transmitted (e.g. keys of a house) Tradition by public instrument: consists in the substitution of real delivery of possession by a public writing with the delivery of a document which evidences the transaction Occupation Appropriation of things appropriable by nature which are without an owner; seizure of things corporeal which have no owner with the intention of acquiring the ownership thereof. Intellectual creation – original mode of acquiring ownership whereby the creations or products of one’s mind or intellect become his exclusive property, giving him the right to authorize or refuse the publication or production of such creations. o Intellectual Property – the totality of all rights which the law recognizes in favor of the author or persons with respect to the creations or product of his intellect. Donation an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. o Types of Donation: Donation Inter Vivos Donation which shall take effect during the lifetime of the donor, though the property shall not be delivered till after the donor's death Donation by Reason of Marriage/ Donation Propter Nuptials Must be made BEFORE the celebration of marriage made in CONSIDERATION of the marriage and in FAVOR of ONE or BOTH of the future Spouses Donation Mortis Causa Becomes effective upon the death of donor Prescription one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. o Real property 30 years (bad faith) 10 years (good faith) o Movable Property 8 years (bad faith) 4 years (good faith) Succession Mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of inheritance of a person is transmitted upon his death to another either by will or by operation of law. Nuisance A nuisance is any act, omission, establishment, business, condition of property, or anything else which: o Injures or endangers the health or safety of others; o Annoys or offends the senses; o Shocks, defies or disregards decency or morality; o Obstructs or interferes with the free passage of any public highway or street, or any body of water; o Hinders or impairs the use of property. Example: A pumping station in a community that produces unnecessary noise A patis factory near residential area Types of Nuisance: o Nuisance per se or at law An act, occupation or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings. (ex. Sauna bath with immoral activities therein) o Nuisance per accidens or in fact One that becomes a nuisance by reason of circumstances and surroundings. (ex. Patis factory) Kinds of Nuisance o Public The doing of or the failure to do something that injuriously affects the safety, health or morals of the public. o Private One which violates only private rights and produces damages to but one or a few persons Co-ownership The form of ownership when the ownership of an undivided thing or right belongs to different persons. REQUISITES: o Plurality of owners o Object must be an undivided thing or right o Each co-owner’s right must be limited only to his ideal or abstract share of the whole but not physically identified Duties of a co-owner o Duly to obtain consent of all if the thing is to be altered even if beneficial; resort to court if non-consent is manifestly prejudicial o Duly to obtain consent of majority with regard to administration and better enjoyment of a thing; controlling interest; court intervention if prejudicial. o No prescription run in favor of co-owner as long as he recognizes ownership. o Co-owners cannot ask for physical division if it would be render thing unserviceable; but can terminate ownership. o Each owner may use the thing owned in common, in such a way as not to injure or to prevent the other co-owners. o Anyone of the co-owners may bring an action in ejectment. o An agreement to keep the thing undivided for a certain period of time, not exceeding 10 years, shall be valid. This term may be extended by a new agreement. Important points o A co-owner can sell, mortgage, or encumber his ideal shares. Other owner may execute the right of redemption within 30 days from notification of sale. o Partition: No co-owner shall be obliged to remain the co-ownership. Partition or division can be done juridically or extra-judicial. SAMPLE BOARD EXAM QUESTION 1. Some of the co-owners of an old house would like to convert the home into a hotel for productive purposes. Others would like to preserve it as an ancestral home. What is the best solution? a. Seek relief from the court. b. They should seek assistance from the office of the City Engineer c. Proceed with the conversion anyway, it is beneficial to everybody. d. Consult other relatives 2. The president of a condominium building is requiring all unit owners to pay their contributions for the repair of the stairs up to the 8th floor. Unit owners at the ground floor refuse to pay. Can the president compel them to pay? a. Yes, all of them must contribute. b. No, because not all of them are using the stairs. c. Yes, because they are under obligation to preserve the building. d. No, it is contractor builder that can require them to pay. 3. A parcel of land owned by 5 sister who are all in abroad and their only brother Juan, Juan remained as a farmer and only co-heir tilting the land for more than 30 yrs. The five other co-heirs requested Juan to subdivide their 10 Has. property refuse violently can the co-heirs demand the subdivision of their property. a. Yes, because the existence at the co-ownership. b. No, because one is the actual tilter of the land c. No, one is in actual possession of the land d. Yes, Juan has been enjoying all benefit for the 10 years. 4. Juan and Rex are co-owners of a piece of land in Cagayan. Juan sold the undivided interest in the property to Maria to support his children in college. After two days, they (Juan and Rex) hired the service of a Geodetic engineer to subdivide the subject land after which, Juan and rex were given separate land titles. Is the right of Maria prejudiced? a. No, she is not a co-owner b. Yes, she was not informed of the partition of the property c. No, she can still enforce her rights against the vendors d. Yes, the subdivision was done in Bad Faith 5. A titled property left by their parents was sold by four of the five forced heirs without the knowledge of one of the heirs who is living in an adjacent town. Is the sale valid? a. Yes, because one of the heirs was able to buy a house & lot. b. No, because of estoppel against the other heir. c. No, because of the exclusion of one of the heirs. d. Yes, because the deed of sale is already notarized. Usufruct Right to use (‘Usu’) and fruits (‘fruct’) only Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides A real right of use and enjoyment, of temporary duration, transmissible, may be constituted on real or personal property. Rights of usufructuary: o The usufructuary shall be entitled to all the natural, industrial, and civil fruits of the property in usufruct. With respect to hidden treasure may found on the land or tenement, he shall be considered as a stranger. o The usufructuary is obliged to make the ordinary repairs needed by the given in usufruct. o If the usufruct is constituted on immovable property of which a building forms part and the latter should be destroyed in any matter whatsoever, the usufructuary shall have a right to make use of the land and materials. o Upon the termination of usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. SAMPLE BOARD EXAM QUESTION What are the distinctions between usufruct and a lease? a. In a usufruct, it is always a real right. While in lease, it may be a real or personal right. b. In a usufruct, it is created by contract, while in lease, it is created by the government. c. In a lease contract, the lessee has the duty to make ordinary repairs, while in usufructuary, he has no duty to make repairs. Land Owner VS Builder/Planter/Sower (BPS) LAND OWNER BUILDER / PLANTER/ SOWER Good Faith Good Faith Right to acquire improvement and Right of retention until necessary pay indemnity to BPS expenses are paid by the land Has option to sell the land to owner. Builder/Planter if the value of the land is considerably more or rent to Sower Good Faith Bad Faith Right to collect damages in any Recover necessary expenses for case and has option to: preservations of land from land o Acquire without paying the owner unless the land owner sells indemnity. the land. o Sell the land to Builder/Planter if the value of the land is considerably more or rent to Sower Bad Faith Bad Faith Acquire improvement after paying May remove improvements, be indemnity and damages to BPS indemnified for damages in any unless the latter decides to remove. event. SAMPLE BOARD EXAM QUESTION JV, owner of a parcel of land, sold it to PP. But the deed of sale was not registered. One year later, JV sold the parcel again to RR, who succeeded to register the deed and to obtain a transfer certificate of title over the property in his own name. Who is the rightful owner? a. JV b. PP c. RR d. All of the above Answer: It depends on whether or not RR is an innocent purchaser for value. In cases of double sale of titled land, it is a well-settled rule that the buyer who first registers the sale in good faith acquires a better right to the land. (Art. 1544, Civil Code). LESSON 3. LAWS GOVERNING LAND TITLES Laws Covering the Implementation of Land Registration Presidential Decree No. 1529 (Property Registration Decree) covers both ordinary and cadastral registration proceedings. Act No. 2259 Cadastral Act Commonwealth Act No. 141 (Public Land Act) governs the procedure for the judicial confirmation of imperfect or incomplete title. Republic Act No. 8371 Indigenous People’s Right Act Presidential Decree No. 27 Emancipation Patent Republic Act No. 6657 Comprehensive Agrarian Reform Law of 1988) Land Registration (P.D. No. 1529) Registration refers to the act where the State provides a public record of the title itself upon which a prospective purchaser or someone else may rely. Land Registration a judicial or administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. Torrens System a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of certificate of title. Land Title refers to that upon which ownership is based. It is the evidence of the right of the owner or extent of his interest. Deed an instrument of writing which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity. Recording the process whereby the Registry of Deed writes information in his Registry Book. Purpose of Land Registration To quiet title to the land and stop forever any question as to the legality of the said title. To relieve the land of unknown claims. To guarantee the integrity of land titles. To give every registered owner complete peace of mind. To avoid conflicts of title in and to real estate and to facilitate restrictions. Nature of Torrens System Torrens Certificate of Title valid and enforceable against the whole world. Judicial in character and not mere administrative. Proceeding is in rem (binding upon the whole world). Two types of Torrens Title: o Original Certificate of Title the first certificate of title issued in the name of the registered owner by the Registry of Deeds. o Transfer Certificate of Title the subsequent certificate of title. Administration of the Torrens System Land Registration Authority (LRA) o Agency charged with the efficient execution of the laws relative to the land registration under the exclusive supervision of Department of Justice (DOJ). o It consists of an administrator assisted by 2 deputy administrators. o Functions of LRA: Extend speedy and effective assistance in the implementation of the land reform program. Extend assistance to courts. Be the central repository of record relative to original registration of land title. Registry of Deeds (RD) o It constitutes a public repository of records of instruments or unregistered lands and chattel mortgages in the province or city wherein such office is situated. o Functions of RD: Immediate register an instrument presented for registration dealing with real or personal property which complies with the requisites for registration. It shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled. If the instrument is not registerable, he shall deny the registration thereof. Prepare and keep an index system which contains the names of all registered owners and lands registered. Note: When the RD is in doubt as to the proper action to take on an instrument or deed presented to him for registration, he should submit the question to the Administrator of LRA. Modes of Acquiring Land Titles MODES DESCRIPTION 1. Public Grant A conveyance of public land by government to a private individual. 2. Acquisitive Prescription Must be in open, continuous, exclusive and notorious or Adverse Possession possession. Two types of Prescription: Ordinary Prescription – possession is in good faith and with just title for 10 years Extraordinary Prescription – possession is wanting in good faith and without a just title for 30 years. 3. Accretion Accretion to registered lands new registration The current causing the alluvial deposits must be from the river. If it is from the sea, the deposits will pertain to the State. 4. Reclamation Filling of submerged land by deliberate act and reclaiming title thereto. 5. Private Grant or The owner himself transfers title to land to another Voluntary Transfer individual or group The voluntary execution of deed of conveyance. 6. Involuntary Transfer or Does not require the consent of the owner of the land Involuntary Alienation 7. Descent or Devise Hereditary succession to the estate of deceased owner. 8. Emancipation Patent To ameliorate the sad plight to tenant-farmers. Proof of Private Ownership Spanish title Inadmissable and ineffective proof of ownership. Tax Declarations and Tax Payments Not a conclusive evidence of ownership, must be coupled with proof of actual possession for the period required by the law. Other kinds of proof Ex. Testimonial evidence, deeds of sale, etc. Presidential issuances and legislative acts SAMPLE BAORD EXAM QUESTION: Is tax declaration and payment of taxes thereon a proof of ownership? a. Yes, because there are no other applicants. b. No, you are not paying taxes religiously. c. Yes, because you believe you are the owner of the land. d. No, it is not a conclusive proof of ownership. Land subject to initial registration Private lands – lands segregated form the general mass of the public domain by any form of grant by the state, and which are in the possession of the original grantees or their successors. Public agricultural land claimants have acquired imperfect or incomplete title Disposable public lands No one has acquired imperfect title. Lands not subject to registration Lands for general public use such as public roads, plazas, canals, streets, rivers, banks, and shores; Those which belong to the State, without being for public use and are intended for some public service, or for the development of the national wealth. Rivers, springs, lakes, lagoons and other natural or artificial bodies of water. Forest or timber land, Public forest and Mineral lands; Lands reserved by the government for public and quasi-public purposes Steps in Original Registration Proceedings 1. Determine if the land is registerable (CENRO or PENRO) 2. Determine if you are qualified to apply. Qualifications: o Those who by themselves or through their predecessor-in-interest have been in open, continuous, exclusive and notorious possession and occupation of Alienable and Disposable (A&D) lands of the public domain under a bonafide claim of ownership since June 12, 1945, or earlier. o Those who have acquired ownership of private lands by prescription. o Those who have acquired ownership of private lands or abandoned river beds by right of accession. o Those who have acquired ownership of land in other manner provided by the law. 3. Survey of the land by the Bureau of Lands or a duly licensed surveyor; Survey plan must be duly approved by the Director of Lands 4. Preparation and filing of application for registration by the applicant; With all muniments of titles and copies thereof with survey plan approved by the Bureau of Lands. o Muniments of title are instruments or written evidence which applicant holds. Always filed with Regional Trial Court (RTC) of the place where the land is situated. Indorsed to Municipal Trial Court (MTC) if there is no controversy over the land or if its value is less than P10,000. 5. Setting of date for the hearing of the application by the RTC; Within 5 days, set hearing 45 to 90 days from the date of order. 6. Transmittal of copies of application and date of hearing by the Clerk of Court to the Land Registration Commission (LRC). 7. Publication of notice of the filing of application and date and place. Public notice: o Once in Official Gazette. o Once in a newspaper of general circulation. Purpose of Publication To confer jurisdiction over the land applied for upon the court and to charge the whole world with knowledge of the application of land. Mailing: o Within 7 days after publication, mailing to: Persons named in the notice DPWH Secretary, Provincial Governor, Mayor, if the applicant requests to have a line of public road. DAR Secretary, Solicitor General, Director of Lands, Director of MGB, if the land borders on a river, stream or shore. Other persons as the court may deem proper. Posting o Posting in a conspicuous place on subject land and on a bulletin board of municipal building at least 14 days before initial hearing. 8. Service of notice by the sheriff upon contiguous owners, occupants, and those known to have interests in the property 9. Filing of the answer or opposition to the application by any person. 10. Hearing of the court and presentation of evidence. 11. Promulgation of the judgment by court. 12. Issuance of an order by the court, declaring final judgment and instructing LRC to issue the Decree of Registration. 13. Entry of the decree of registration in LRA. One year after the date of entry, it becomes incontrovertible and amendments will not be allowed except clerical errors. Puts an end to litigation. Contents of the Decree: o Date, hour and minutes of its entry. o Civil Status, provided if the land is a conjugal property. o If the owner is under disability and its nature of disability. o Description of land, also show easements, liens, encumbrances and other attachments. o Other matters to be determined in pursuance of the law. 14. Sending of copy of the decree of registration to the Registry of Deeds (RD) by the LRA. 15. Transcription of the decree in the Registration Book and issuance of owner’s duplicate certificate of OCT upon payment of prescribed fees. SAMPLE BOARD EXAM QUESTION: Other than the applicant, who else is being notified in a Land Registration proceeding? a. Director, NHA b. DAR, Regional Director c. Director, LMB of the DENR d. Director, General of NEDA Who may apply for the land registration? (According to the 1987 Philippine Constitution, Article XII – National Economy and Patrimony) Only a Filipino Citizens May lease not more than 500 hectares or acquire not more than 12 hectares for an individual. For private corporations, may not hold alienable lands of public domain except by lease not exceeding 1000 hectares. o Lease for a period of not exceeding of 25 years, renewable for not more than 25 years. Amendments in Original Registration AMENDMENTS ACTION 1. Striking out one or more of the parcels The court may strike out at any time. of land applied for or by a severance of the application 2. Substantial change in boundaries, New technical description and new increase in area, inclusion of additional publication and notice are necessary land 3. Joinder, Substitution or Discontinuance File motion to the court of any of the parties 4. Decrease in area File motion with court; no need for new publication or notice. Judgement in Original Registration Judgement a decision of a court constituting its opinion after taking into consideration the evidence submitted. Post-Judgement Incidents: o Writ of Possession a writ of execution commanding the sheriff to enter the land and give possession thereof to the person entitled under the judgment. o Writ of Demolition the complement of writ of possession, to demolish improvements introduced by the oppositor or by his successor in interest. Attributes and Limitations on Certificate of Title and Registered Lands Free from liens and encumbrance Incontrovertible and Indefeasible. Registered land not subject to collateral attack Certificate of title not subject to prescription Torrens Certificate presumed valid and devoid of flaws General Incidents of Registered Land. When a certificate of title is obtained by a trustee. CADASTRAL ACT (ACT NO. 2259) Cadastral Survey A compulsory registration proceeding initiated by the government to “settle and adjudicate” title to lands. The Director of Lands give notice to all persons of the date of survey for them to inform the surveyors of the boundaries of their claims. Only unregistered lands may be the subject of the survey. All conflicting interests shall be adjudicated by the courts, and in the absence of successful claimants, the property is declared as “public land”. Cadastral Registration Proceedings 1. Determination of the President that public interest requires title to unregistered lands to be settled. 2. The Director of Lands shall conduct the survey. 3. The Director of Lands shall give notice to the interested persons. 4. Publication of notice 5. A copy of notice shall also be sent to the mayor and the sanggunian. 6. Geodetic Engineer or Bureau of Land employees shall notify by posting at the municipal building. 7. Interested persons should communicate with the Geodetic Engineer if he requests for any information about the land. 8. Actual survey or plotting of the land. 9. The Director of Land represented by Solicitor General shall institute original registration proceedings. 10. Publication and mail posting 11. Hearing 12. Decision 13. Issuance of Decree of Registration and Certificate of Title. Government Actions Affecting Titles 1. Attachment a writ issued at the institution or during the process of an action commanding the sheriff to attach the property rights, credits or effects of the defendant to satisfy demands of plaintiff. Preliminary attachment issued at the institution or during progress of an action. Garnishment a court order directing that money or property of a third party be seized to satisfy a debt and by a debtor to a plaintiff creditor. Levy of execution attachment issued after the final judgement. Effects: Creates real right Has priority over execution sale But between two attachments, one that is earlier in registration is preferred. If it is not registered, actual knowledge is the same as registration. 2. Execution Sale To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with Registry of Deed where the land lies. Tax Sale Sale of land for collection of delinquent taxes and penalties due the government. 3. Adverse Claim When a person claims any part or interest in the registered land adverse to the registered owner, after the date of original registration. A notice to third persons that someone is claiming an interest on the property or has a better right than the registered owner thereof. It must be 30 days from the date of registration. 4. Notice of Lis Pendens an announcement to the whole world that a particular property is under litigation, serving as a warning that one who acquires an interest over the property. It cannot be alienated or disposed. Remedies of Aggrieved Party in Registration Proceeding ACTION DESCRIPTION Before judgement 1. Motion to Lift or Set Aside Caused by Fraud, Accident, Mistake and Order of Default Excusable Negligence Under Oath 2. Motion for New Trial 15 days from judgement Grounds: fraud, mistake, negligence, newly discovered evidence, insufficiency of evidence 15 days from notice of judgement of new 3. Appeal trial 60 days after petitioner learns of 4. Relief from Judgement judgement, but not more than 6 months after judgement was entered. Due to extrinsic fraud, petition must be 5. Petition for Review of filed within 1 year from the issuance of the Registration Decree decree by LRA. By aggrieved party, whose land was registered wrongly to another person. Before issuance of decree, within or after 1 year from entry. o If based on fraud, file within 4 6. Action for Reconveyance years. o If based on implied trust, within 10 years. o If based on expressed trust and void contract, imprescriptible The aggrieved party sustained loss or damage or is deprived land or any estate or interest therein. 7. Action for compensation from The action has not prescribed: must be the assurance fund instituted within a period of 6 years from the time the right to bring such action first occurred, which is the date of issuance of the certificate of title. Voiding or cancellation of OCT does not affect derivative TCTs if their holders not 8. Cancellation suits given opportunity to be heard and defend their title. Grounds: Extrinsic fraud and lack of jurisdiction 9. Annulment of Judgement o If based on extrinsic fraud, file within 4 years from discovery. SAMPLE BOARD EXAM QUESTION Rommel was issued a certificate of title over a parcel of land in Quezon City. One year later Rachelle, the legitimate owner of the land, discovered the fraudulent registration obtained by Rommel. She filed a complaint against Rommel for reconveyance and caused the annotation of a notice of lis pendens on the certificate of title issued to Rommel. Rommel now invokes the indefeasibility of his title considering that one year has already elapsed from its issuance. Will Rachelle’s suit for reconveyance prosper? Answer: Yes. The property registered is deemed to be held in trust for the real owner by the person in whose name it is registered. The Torrens system was not designed to shield one who had committed fraud or misrepresentation and thus holds the title in bad faith. Reconstitution of Lost or Destroyed Certificate of Title Republic Act No. 6372 An act allowing Administrative Reconstitution of Original copies of Certificates of Titles lost or destroyed due to fire, flood and other force majeure. Reconstitution The restoration of instrument which is supposed to have been lost or destroyed in its original form and condition, under the custody of the Registry of Deeds o Judicial Reconstitution (RA No. 26) in case the RD copy of the title is lost or destroyed, but no administrative reconstitution is necessary as determined by the LRA. Must file a petition with the Regional Trial Court. o Administrative Reconstitution (RA No. 6372) It is available in case of a substantial loss or destruction of original land titles in the RD due to fire, flood or other force majeure. The number of certificates of titles lost or destroyed should be at least 10% of the total number of titles in the possession in the RD. Reconstituted title When reconstituted is ordered, this document basically reproduces the original. RECONSTITUTION REPLACEMENT Original title with the Registry of Only the owner’s duplicate Deeds got lost or destroyed, then certificate of title got lost or reconstitution would be destroyed and the copy at the necessary. Registry of Deeds is intact. This can be either: o Administrative o Judicial SAMPLE BOARD EXAM QUESTION The decision of the reconstituting officer or the Register of Deeds under RA 6732 is subject to the final review and or decision of the LRA Administrator, he may ____________ the said decision. I. Reverse II. Modify III. AffirmNCIP a. II & III b. II, II & III c. I & II d. I & III Penalties for Fraudulent Reconstituted Titles Imprisonment not less than 2 years but not exceeding 5 years. Payment not less than P20,000 but not exceeding P200,000 or both. Other Related Laws in Land Registration Republic Act No. 456 An act to prohibit the registration of certain documents affecting real property which is delinquent in the payment of real estate taxes. Note: Real estate taxes levies and actually due thereon shall have been fully paid or else the entry shall be deemed cancelled. Republic Act No. 1508 It is also known as Chattel Mortgage Law, an act providing for the mortgaging of real property and for the registration of mortgages so executed. Note: Chattel Mortgage a conditional sale of personal property as security of debt, or the performance of some other obligation specified thereon. LESSON 4. PUBLIC LAND ACT Public Land Act (Commonwealth Act No. 141) This act applies to public lands or lands of public domain which are subject to alienation and disposal by the State. It was approved last November 7, 1936 Executive Branch In charge in classification of public lands. President Upon the recommendation of the DENR Secretary will have first classify land of public domain as Alienable and Disposable (A & D) agricultural lands before it could be open to disposition or concession. Note: If patent or title is issued for inalienable; such patent or title is void; Not acquisitive prescription even if in possession for a long time, will not ripen into ownership. SAMPLE BOARD EXAM QUESTIONS Can the government dispose of any property of public domain? a. Yes, because the government is the owner. b. No, because it is outside the commerce of man. c. No, but the government can always exercise its police power. d. Yes, but it should pass through the DENR. Classification of Lands of Public Domain Under the 1987 Constitution o Agricultural Lands– only subject to alienation. o Forest or Timber Lands o Mineral Lands o National Parks Under the Public Land Act (CA No. 141) o Alienable and Disposable Lands Agricultural Residential, commercial, industrial or similar productive purposes Educational, charitable, or other similar purposes Reservation for town sites and for public and quasi-public uses o Timber Lands – inalienable o Mineral Lands – inalienable Delegated Functions Director of Lands (LMB) o Administration and distribution of public lands o Land classification and release of lands of public domain as Alienable and Disposable Lands. o Approve survey plans for original registration purposes. Regional Executive Director (RED) o Signs patents for 5 to 10 hectares for homestead and free patents. Regional Technical Director (RTD) for Lands o Approves and signs patents for public subdivision, cadastral, and isolated surveys. o Approves political boundary surveys. Provincial Environment and Natural Resources Office (PENRO) o Signs patents up 5 hectares for homestead and free patent. o Issuance of certificates timber or A & D lands (above 50 hectares). Community Environment and Natural Resources Office (CENRO) o Issues survey orders to conduct isolated and for subdivision of cadastral lots for patented and non-patented land. o Issuance of certificates timber or A & D lands (below 50 hectares). SAMPLE BOARD EXAM QUESTION 1. One of the conditions before a survey authority/order is issued: I. The land is within the A&D areas II. It is not within any on-going Cadastral survey project III. It is free from claims and conflict case a. II & III b. I & III c. I , II, III d. I & II 2. Who issues the survey order in the execution of a cadastral survey? a. Undersecretary for field operations of the DENR b. Director of the LMB c. RTD for lands now, assistant director for technical services d. Regional executive director, now DENR Regional Director Modes of Acquisition of Public Lands MODES DEFINITION 1. Homestead Who may apply: Settlement o Any citizen of the Philippines over 18 years of age and above or head of the family Extent: o Must not own 24 hectares – CA No. 141 (12 hectares – 1987 Philippine Constitution) Requirements: o Applicant is required to pay entry fee and shall begin to work the homestead within six (6) months from the date of approval of application. Cultivation period: o Must have cultivated 1/5 of the land continuously for at least 1 year until its 5th year after the date of approval, Conditions: o Not more than 1 homestead entry to any person, however, any homesteader issued a patent for less than 24 hectares may be allowed for another homestead. o In case the homesteader shall suffer from mental alienation or shall for any other reason be incapacitated from exercising his rights personally, the person legally representing him may offer and submit the final proof on behalf of such incapacitated person. o Any person who has transferred his rights will not again apply for a new homestead. Duration: o It cannot be alienated within 5 years from the issuanc
