LTD Sec 48 Certificate not subj to collateral attack Cannot be altered, modified, or cancelled except in a direct proceeding in accordance

with the law 1. Cannot be subj to collateral attack Once registered cannot be impugned, altered, changed, modified, enlarged or diminished o Except in a direct proceeding permitted by law Torrens title can be attacked only for fraud, within 1 yr. after the date of issuance of the decree of reg o Such attack must be direct and not by collateral proceeding After expiration of 1 yr. from issuance of decree = incontrovertible The issue of the validity of the title of respondents can only be assailed in an action expressly instituted for that purpose e.g. Manotok v. Barque : Court said that such title could only be cancelled by the proper RTC in a direct proceeding assailing its validity. o Cancellation of Manotok title cannot arise incidentally from the admin proceeding for reconstitution of the Barque title 2. Direct v. Collateral attack Direct - when the obj of the action is to annul or set aside such judgment, or enjoin enforcement Indirect or collateral - when in an action to obtain a diff relief, an attack on the judgment is nevertheless made as an incident thereof 3. Direct attack may be made in a counter-claim or 3rd party complaint accion reivindicatoria Like a 3rd party complaint, a counterclaim is considered an orig complaint and as such, the attack on the title cannot be considered as a collateral attack To rule on the issue of validity in a case for recovery of possession is tantamount to a collateral attack 4. Where to file action Direct attack on the validity = proper RTC RTC do not have jurisdiction over the cancellation of a Torrens title

Sec 49. Splitting or consolidation of titles Sec 50. Subdivision and consolidation plans 1. Subdivision of reg land Submit to LRA a subd plan duly approved by LMB Plan shall distinctly and accurately delineate boundaries, streets, passageways and waterways, if any ROD shall thereupon reg the subd plan without need of prior court approval and issue a new cert of title reg owner desiring to consolidate several lots into one or more shall file with LRA a consolidation plan showing the lots affected, with their technical descriptions, and upon surrender of the owner's dupl cert and receipt of the plan duly approved by the LRA, ROD shall cancel said cert and issue a new one for the consol lots However, if property is owned in common and no unanimity = no new cert shall be entered PD 1529: court have jurisdiction "after notice to all parties in interest" 2. Conveyance of only a portion of the land Deed of conveyance may be annotated on the owner's cert of title, which shall serve notice to 3rd parties 3. Illegal enlargement of area Commission may not order or cause any change, modification, or amendment in the contents of any cert of title, or of any decree or plan nor order cancellation Directed against attempts to enlarge area by mere subd or consolidation survey Especially true where the increased area is so big as to give allowance for a mere mistake in area of the land as originally registered Sec 51. Conveyance and other dealings by reg owner 1. Formal requirements of contracts involving real ppty Contracts are obligatory in whatever form they may have been entered into Consent Object Cause

a. Gen Rule Form is not impt for validity except when the law requires that a contract be in some form in order that it may be valid or enforceable -e.g. donation of real ppty = public document Sale of real ppty = in writing accdg to Statute of frauds Conveyance of land = may be private b. Contracts in public instrument is only for convenience Convenience and reg of instruments only adversely affects 3rd parties and non compliance therewith doesnt adversely affect the contract or contractual rights of the parties thereon c. Contract perfected by mere consent Impt: meeting of the minds will always prevail over the form of the contract Contract of sale is not a mode of ownership but merely a title Contracts only constitute titles or rights Contract of sale is deemed consummated where the sellers and buyers have performed their respective obligations d. Rule in case of sale of conjugal ppty If no consent of conjugal partner = VOID

PRD protects the holder in good faith

a. Importance of reg There must be constructive notice b. Reg of document ministerial on the part of ROD It doesnt add validity nor converts an invalid instruments to a valid one If reg is denied by ROD, he may elevate the matter by consulta to the LRA c. Reg is not essential to the validity of the sale d. When there is actual notice, it is deemed equivalent to a registration 4. Reg may be denied for failure to file required dox Sec 52. Constructive notice upon reg 1. Constructive notice to 3rd persons When there is reg there is constructive notice to the whole world and binds 3rd persons Presumption of constructive notice cannot be overcome by proof of innocence or good faith "Prior est tempore, prior est in jure" - he who is first in time, is preferred in right Notice of lis pendens: warning to a purchaser or encumbrancer that the particular ppty is in litigation 2. Purchaser in good faith 3. Purchaser is not required to explore further than what title indicates for hidden defects 4. Purchaser who has knowledge of defect of his vendor's title cannot claim good faith 5. When purchaser should investigate When party concern has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry 6. Sale of conjugal ppty Buyers of conjugal ppty must observe diligence a. Diligence in verifying validity of title b. Diligence in to the authority of the transacting spouse 7. Sale of ppty pending litigation

2. Contract of Sale v. Contract to Sell Sale - title to the ppty passes to the vendee upon delivery of the thing sold Sell - ownership is by agreement reserved in the vendor and is not to pass to the vendee until full payment of the purchased price a. When title passes to vendee Contract to sale b. Delivery as mode of transmission, real or constructive Real tradition - when sale of real ppty is made in a public instrument Constructive tradition - sale by installments; title remains to vendor and payment is made in installments c. Dacion en pago 3. Act of reg is the operative act to convey or affect reg land

8. Prior reg of a lien 9. Estoppel 10. Rule on good faith applicable to lessees and mortgagees A buyer need not to look behind the cert of title in order to determine who is the actual owner of the land 11. Banks Due diligence to look beyond what is stated in the cert of title 12. Voluntary v. involuntary reg Voluntary - deed of sale / mortgage Involuntary - attachment / levy Sec 53. Presentation of owners duplicate upon entry of new cert 1. Surrender of owner's duplicate cert is authority for the ROD to enter reg Conclusive authority - presentation owner's duplicate cert a. b. TCT is not valid When ODC is not given buyer may petition to court to compel vendor to surrender the same to the ROD Vendor may seek annulment on ground of fraud 1. Memorandum at encumbrances It is here that all interests shall be entered by the ROD rd Shall serve notice to 3 persons of the instrument affecting the ppty Similar entry shall be made on the owners dupl cert Cancellation or extinguishments of such interests or rights shall be recorded in the same manner

Sec 55. Grantees name, nationality, etc. to be stated Shall also state the status, and if married, name in full of spouse 1. Contents of the instrument presented for registration: Grantee Full name Nationality Status Residence Postal address Changes shall be entered on all cert If grantee is a corp / assoc o Shall state whether legally qualified to acquire private lands o Private corp may not hold alienable lands of the public domain except by lease Notices and processes affecting the land shall be served upon the person in interest at the address given, binding whether in the Phil or not It is the courts discretion to require that service be made in any other manner when interest of justice so requires Sec 56. Primary entry book; fess; certified copies 1. Primary entry book or day book Record of all instruments Includes copies of writs and processes, affecting registered lands Entered by ROD in the order of their filing, upon payment of fess Its a preliminary process Shall note date, hour and minute of receipt Deeds entered in the day book considered registered from the moment they are so noted

c.

2. Forged deed is a nullity and conveys no title Except innocent purchaser a. b. c. Forged document of sale may become the root of a valid title: innocent purchaser Rule when owner is not at fault Recourse of aggrieved party

3. Rule in case of double sale Reconveyance 4. Mortgagee in good faith Innocent purchaser is protected by law but when it is a mortgagee it doesnt apply 5. Rule with respect to financial or banking institution More care and prudence in dealing with reg lands Sec 54. Dealings less than ownership, how registered

2.

Purchaser acquires only such right or interest as he judgment debtor had on the ppty at the time of the sale

3.

Record is constructive notice of its contents When a conveyance has been properly recorded, such record is constructive notice of its contents and all interests, legal and equitable, included therein Rule of notice: presumed that purchaser has examined every instrument of record affecting the title o Cannot be overcome by proof of innocence or good faith

actual issuance to him of the corresponding TCT Upon approval of the plan and tech descriptions, same shall be filed with the ROD for annotation ROD shall issue a new TCT to the grantee upon cancellation of title of the grantor Grantor may also ask for a new cert upon cancellation totally of the old one Pending approval of the plan o No further reg or annotation shall be made by ROD except where such portion was purchased from the govt or any of its instrumentalities

Sec 57. Procedure in reg of conveyances 1. Procedure in registering a deed of conveyance Execute proper deed of conveyance, in proper form Present owners dupl cert to the ROD for entry and reg ROD shall enter in the reg book the fact of conveyance and prepare a new cert to the grantee and deliver owners dupl cert to him ROD shall note (orig and dupl) o Date of conveyance o Volume and page of the reg book in which the new cert is registered o Reference by number to the last preceding cert Orig and owners dupl cert of grantor shall be stamped with CANCELLED Sec 58. Procedure where conveyance involves portion of land 1. Procedure where only portions of the land are conveyed ROD shall not issue any TCT to the grantee until a plan of such land showing the portion/s into which it has been subdivided and corresponding technical descriptions shall have been verified and approved However, deed of conveyance may be annotated by way of memorandum on the grantors cert title rd o Shall serve notice upon 3 persons of the fact of conveyance o Effect of memorandum: to show and recognize grantees title to the portion thus conveyed pending

Sec 59. Carry over encumbrances 1. Carrying over of encumbrances in the new cert All subsisting encumbrances or annotations shall be carried over to the new cert except if they are simultaneously released or discharged Purpose: to show that the grantee obtained the land or portion thereof subj to subsisting encumbrances attached to the title of his grantor Rule b/n 2 involuntary documents: the earlier entry prevails; however, notice of lis pendens cannot be carried over to the new title to be issued to the adverse claimant