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Land Titles and Deeds > Chapter 2. Related Laws Governing Land Registration > Flashcards

Chapter 2. Related Laws Governing Land Registration Flashcards

1
Q

governing law in the registration and acquisition of title to land

A

Act 496 of 1902 “Land Registration Act” as amended by PD 1529 “Property Registration Decree”

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2
Q

An act dealing in unregistered land

A

Act no 3344

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3
Q

main law we’re using

A

PD 1529 or the

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4
Q

IPRA is RA No.

A

8371

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5
Q

What is the governing law?

A

The governing law is the Land Registration Act as amended by Property Registration Decree (Act. No 496 as amended by PD 1529)

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6
Q

If you fail to register the land which was classify as alienable and disposable land, then you’re to use the

A

Act, No. 3344 - Sec 113 also of the PD 1529. which allows the recording of instruments relating to unregistered land.

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7
Q

If land is not registered, can you lease or sell it? Can you record it?

A

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.

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8
Q

Property registry means

A

the property is located in Pangasinan, then the property must be registered in the proper registry, - in the register of deeds of Pangasinan.

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9
Q

Fill in the blank.. No deed, conveyance, mortgage, lease or other voluntary instrument affecting land not registered under the Torrens shall be valid except _____

A

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.

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10
Q

What does Sec 50 & 51 Act of 496 states in the registration of instruments?

A

In order to effect and bind the land, it must be done in the proper registry

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11
Q

Mactan Cebu Vs Tirol - SC said an improper registration is no registration at all..

A

True

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12
Q

_______ are titles that can no longer be countenanced as indubitable evidence of land ownership

A

Spanish Titles

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13
Q

All Spanish Title must be registered within ____ months, If failed to register the title will be____

What law discontinue the Spanish title?

A

6, void in the beginning.. PD 892

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14
Q

What is the complaint/principle in Mactan Cebu vs. Tirol?

A

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.

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15
Q

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 _______

A

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)

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16
Q

What is Commonwealth No. 141?

A

Public Land Act approved on Nov 7 1936

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17
Q

What does Public Land Act govern?

A

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.

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18
Q

What is imperfect title?

A

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.

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19
Q

What is an Agricultural Free Patent

A

____ 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.

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20
Q

____ 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.

A

Agricultural Free Patent

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21
Q

How agri land disposed of?

A
  1. homestead settlement
  2. by sale
  3. by lease
  4. by confirmation of imperfect title or incomplete titles;
    (a) judicial legalization
    (b) by admin legalization (free patent)
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22
Q

What law governs on Who may apply in the Agri Free Patent

A

Commonwealth Act No. 141 as amended by RA 11573 Section 2

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23
Q

Who may apply in the Agri Free Patent

A
  1. Land is A/D lands of the PD
  2. not an owner of < 12 ha of land
  3. OCENP & O of Agri Land
  4. 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
  5. Must have paid the real property tax
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24
Q

T/F only intrinsic fraud may be raised as a ground to “review or reopen a decree of registration”

A

False, Extrinsic

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25
Q

What does extrinsic fraud mean?

A

It is employed to deprive parties of their day in court and thus prevent them from asserting their right to the property registered in the name of applicant?

26
Q

If Extrinsic Fraud is employed, then what will happen?

A

The court can cancel the awarded rights.

27
Q

Can an Agri Free Patent be issued over a private property?

A

No. Private ownership of land is not affected by the issuance of FREE patent over the same land, because the Public Land Law applies only to laws of the public domain.

28
Q

What is Cadastral Act in example? (act no. 2259 now carried over in the PD 1529)

A

If there is a claimant of an agricultural land, many are claiming… then the President of the Philippines will require the DENR secretary to adjudicate the case?

29
Q

What is the purpose of Cadastral Act?

A

The govt thru Dr of Land will initiate the proceeding by filing a petition in court after which all owners or claimants are compelled to act and present their answers otherwise they lose their right

30
Q

Cadastral Act is in which

A

the opinion of the Gov-Gen/Pres, the public interest requires that the title to any unregistered lands be settled and adjudicated

31
Q

Cadastral Act is a proceedings in rem because…

A

there is no plaintiff, no defendant - Govt is plaintiff and all the claimants are defendants

32
Q

t/f Cadastral Act is also an inquiry

A

true

33
Q

What happens when a Cadastral Decree has been issued to a person?
no. IoT

A

It gives the person and Indefeasibility of Title.

34
Q

How many years is given to question the title issued from a cadastral decree? what if the period lapsed?

A

1 year, once lapsed, it becomes incontropertible.

35
Q

What is CARP Law?

A

Comprehensive Agrarian Reform Program which mandates just distribution of all agri lands?

36
Q

What is Agrarian Reform? under sec 3 of RA 6657

A

means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial agreement (sec 3 of RA 6657)

37
Q

What law amended the CARP law?

A

CARPER Law that extends for another 5 years

38
Q

What are the coverage of CARP law

A
  1. Land is A/D suitable for agricultural purposes
  2. All lands of the PD exceeding the total area of 5 has and below be retained by the landowner
  3. All govt-owned lands must be devoted to agri
  4. All private lands devoted to agriculture, regardless of the agro products raised or can be raised on the lands (must be distributed also)
39
Q

Exception of CARP law

A
  1. Direct and Exclusive used for parks, wildlife, forest
  2. national defense
  3. churches, penal colonies
  4. all lands with 18% slope and over
40
Q

Exclusive jurisdiction of CARP

A

DAR to adjudicate agrarian reform

41
Q

How many is the retention limits?

A

5 hectares

42
Q

how is agri land distributed to each child

A
  1. 3 ha is awarded if > 15 y/o
  2. actually tilling the land
43
Q

Who are entitled to RA 6657

A

actual tillers or occupants of public lands

collective or cooperatives

beneficiaries

others directly working on the land

44
Q

2 requirements before a person may be entitled to CARP law

A
  1. covered by Notice of Coverage
  2. beneficiaries must be qualified and registered by the DAR - in coordination with BARC
45
Q

What is the Ceiling rest?

A

entitled to a max of 3 hectares, CLOA is awarded by DAR

46
Q

CLOA is

A

Certificate of Land Ownership Award

47
Q

The beneficiary can only sell it after ____ years

A

10

48
Q

What is the exemption in the transfer of ownership

A

death
transfer to govt
transfer to landbank
transfer to qualified beneficiary

49
Q

What is RA 10023

A

Residential Free patent (RFP), reduces of titling land from 30 to 10 years

50
Q

Goal of RFP

A

land should not exceed 200 sqm if not highly urbanized,

51
Q

who are qualified in RFP?

A

Filipino citizen
actual occupation for at least 10 years
more than 18 years of age

52
Q

where is RFP applied?

A

DENR-CENRO, provided the land is classified as Residential

53
Q

Exemption of RD

A

IPRA law - grants the indigenous community the ownership and possession of ancestral land and domain

54
Q

Who are the ICC/IP

A

Indigenous Cultural People, Who have been living in an organized community bounded and defined territory, preserving the culture

55
Q

Who has jurisdiction in the ICC/IPRA law

A

NCIP - NATIONAL COMMISSION ON INDIGENOUS PEOPLE responsible for making policy, may issue writ of injunction - the only agency in the govt that can issue TRO or injection without any prohibition - because the RTC cannot issue TRO against ICC.

56
Q

What is PD 1529

A

Property Registration Decree

57
Q

Purpose of PD 1529

A

Registration

58
Q

What is the nature of Torrens title

A

It is a judicial character which means it needs to be applied in court to acquirer the title - registration is action in rem

59
Q

Concept of Torrens Title

A

It is a manner of registration only - it is a notice to the whole world, but it does not create a right.

60
Q

Effect of Title

A

Indisputable, indefeasible, conclusive evidence of ownership, it is a security

Land Titles and Deeds (12 decks)

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