Procedure under the Torrens System of Registration Flashcards
What is the REGALIAN DOCTRINE(jura regalia)? (Zarate v. Dir. of Lands)
The State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony; all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.
What is the purpose of the Torrens System?
To quiet title to land and stop forever any question as to its true owner.
What is the nature of the procedure under the Torrens system of registration? (PRD)
The proceeding for the registration of land under the Torrens system is IN REM, the jurisdiction of the court is secured over the real property.
What are the method of registration under the Torrens system?
Title to land may be registered under the Torrens system either JUDICIALLY or ADMINISTRATIVELY.
JUDICIAL - (Sec. 14-39, P.D. no.1529); at the instance of Government under Cadastral Act (Act No. 2259)
ADMINISTRATIVE - (Sec. 103, PRD)
What are the steps to be taken by an interested person under the Torrens system?
(a) Survey of the land by a duly licensed surveyor and approved by the Director of Bureau of Land
(b) Filing of the application
(c) Setting of the date of initial hearing by the Court
(d) Transmittal of the duplicate of the application and the date of initial hearing with all the attachments thereto by the Clerk of Court to the Land Registration Authority
(e) Publication of notice of the application and date and place of the hearing in the Official Gazette or in a newspaper of general circulation
(f) Service of notice upon contiguous owners, occupants, and those known to have interests in the property by the LRA and/or the sheriff
(g) Filing of the opposition (answer) to the application by any person whether named in the notice or not
(h) Hearing of the case and presentation of evidence
(i) Promulgation of the judgment by the Court
(j) Issuance of an Order or the Decree of Registration by the Court
(k) Entry of the Decree of Registration by the LRA in the official registry book
(l) Sending of copy of the decree of registration to the concerned Register of Deeds
(m) Transcription of the decree of registration in the registration book and the issuance of the owner’s duplicate certificate of title to the applicant upon payment of the prescribed fees
Who are eligible to apply? (Sec. 14PRD)
(a) 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 lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier;
(b) Those who have acquired ownership of private lands by prescription under the provision of existing laws;
(c) Those who have acquired ownership of private lands or abandoned river bed by right of accession or accretion under the existing laws;
(d) Those who have acquired ownership of land in any other manner provided for by law.
Where the land is owned in common, all the co-owner shall file the application jointly.
Where the land has been sold under PACTO DE RETRO, the vendor a retro may file an application for the original registration of the, PROVIDED, however, that should the period of redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the vendee a retro shall be substituted for the applicant and may continue the proceedings
A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust.
May a non-resident Filipino citizen files an application?
A non-resident Filipino citizen is not precluded from filing an application for registration provided that he be represented by an Agent residing in the Philippines with proper authorization (SPA)
What is the form and contents of the application? (Sec. 15PRD)
The contents are the following:
The application for land registration shall be in writing, signed by the applicant or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oath for the province or city where the application was actually signed (If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each applicant)
The application shall contain a description of the land and shall state the citizenship and civil status of the applicant, whether single or married, and if married, the name of the spouse
It shall also state the full names and addresses of all occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search to find them
It shall further state whether the property is conjugal, paraphernal or exclusively owned by the applicant
How does the court acquires jurisdiction over the application, or what confers to the court jurisdiction over the application?
What confers jurisdiction to the court, acting, as cadastral court is the publication in the Official Gazette. Section 23 provides that “the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court
What confers jurisdiction to the court, acting, as cadastral court is the publication in the Official Gazette. Section 23 provides that “the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court
Section 23 provides that “The Court shall, within five (5) days from filing of the application, issue an order setting the date and hour of initial hearing
which shall not be earlier that forty-five (45) days nor later than ninety-days from the date of the order
Since the nature of the proceedings is in rem, which binds the whole world, how does the public be given notice?
The public shall be given notice of the initial hearing of the application for land registration by means of 1) publication; 2) Mailing; 3) posting
