Chapter 2. Related Laws Governing Land Registration Flashcards
(60 cards)
governing law in the registration and acquisition of title to land
Act 496 of 1902 “Land Registration Act” as amended by PD 1529 “Property Registration Decree”
An act dealing in unregistered land
Act no 3344
main law we’re using
PD 1529 or the
IPRA is RA No.
8371
What is the governing law?
The governing law is the Land Registration Act as amended by Property Registration Decree (Act. No 496 as amended by PD 1529)
If you fail to register the land which was classify as alienable and disposable land, then you’re to use the
Act, No. 3344 - Sec 113 also of the PD 1529. which allows the recording of instruments relating to unregistered land.
If land is not registered, can you lease or sell it? Can you record it?
Yes, the instrument or the contract (DOS, DOM) can be registered under section 113 of PD 1529.. But it must done to the proper registry, like if the property is located in Pangasinan, then the property must be registered in the proper registry, - in the register of deeds of Pangasinan.
Property registry means
the property is located in Pangasinan, then the property must be registered in the proper registry, - in the register of deeds of Pangasinan.
Fill in the blank.. No deed, conveyance, mortgage, lease or other voluntary instrument affecting land not registered under the Torrens shall be valid except _____
as between the parties, which means, it is not a notice to the whole world, dealing with unregistered land, it is a valid contract only between the mortgagor-mortgagee, lessee - lessor.
What does Sec 50 & 51 Act of 496 states in the registration of instruments?
In order to effect and bind the land, it must be done in the proper registry
Mactan Cebu Vs Tirol - SC said an improper registration is no registration at all..
True
_______ are titles that can no longer be countenanced as indubitable evidence of land ownership
Spanish Titles
All Spanish Title must be registered within ____ months, If failed to register the title will be____
What law discontinue the Spanish title?
6, void in the beginning.. PD 892
What is the complaint/principle in Mactan Cebu vs. Tirol?
Registration of the instrument must be done in the property registry in order to effect and bind the land. A property registered covered by the Torrens title is sold, if the land is only registered under Act 3344 and not not under the Land Registration Act, the sale is not considered registered and does not operate as a constructive notice to the whole world.
If the person failed to register the sale in his favor, the sale will ______, and as ____ of _______ to the Register of Deeds to make registration, but will not _______
operate only as a contract between him and the vendor, and the sale will operate only as a contract between him and the vendor as evidence of authority to the register of deeds to make the registration, but will not affect innocent third person. (Revilla, and Fajardo vs. Galindez, No. L-9940)
What is Commonwealth No. 141?
Public Land Act approved on Nov 7 1936
What does Public Land Act govern?
The Judicial confirmation of imperfect or incomplete titles on the basis possession and occupation of alienable portions of the public domain in the manner and for the length of time required by law.
What is imperfect title?
Sec14 Par1 of PD 1529 - need to be in possession of the land for at least 20 years (new law), Hindi pa perfect because not yet registered.
What is an Agricultural Free Patent
____ are land grants awarded to natural-born Filipino citizens in actual occupation and cultivation of alienable and disposable agri lands, and have paid the corresponding real property tax.
____ are land grants awarded to natural-born Filipino citizens in actual occupation and cultivation of alienable and disposable agri lands, and have paid the corresponding real property tax.
Agricultural Free Patent
How agri land disposed of?
- homestead settlement
- by sale
- by lease
- by confirmation of imperfect title or incomplete titles;
(a) judicial legalization
(b) by admin legalization (free patent)
What law governs on Who may apply in the Agri Free Patent
Commonwealth Act No. 141 as amended by RA 11573 Section 2
Who may apply in the Agri Free Patent
- Land is A/D lands of the PD
- not an owner of < 12 ha of land
- OCENP & O of Agri Land
- P&O is under a bona fide claim of ownership for at least 20 years immediately preceding the filing of the application for confirmation of title
- Must have paid the real property tax
T/F only intrinsic fraud may be raised as a ground to “review or reopen a decree of registration”
False, Extrinsic
