GE 325:

LAND REGISTRATION LAWS

INSTRUCTOR: CRYSTAL MAEH LAURON, GE
E M A I L: c r ystalm. lauro n@gm ail.com
Topic 4.
ORIGINAL LAND
REGISTRATION PROCESS
 Recall: 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.
OWNERSHIP
Independent right of a person to the exclusive enjoyment
and control of a thing including its disposition and recovery,
subject only to the restrictions or limitations established by
law and the rights of others.
Exercised over things or rights
LAND REGISTRATION IN THE PHILIPPINES
There are presently only two systems of
registration of real property or rights:
(1) Torrens system and
(2)the system of recording unregistered real
property.
RECALL: TORRENS SYSTEM
A system for registration of land under which,
upon landowner’s application, the court may,
after appropriate proceedings, direct the
issuance of a certificate of title.
CONCEPT OF Torrens System
•Does not create or vest title
•Only confirms (does not confer) ownership
RECALL: TYPES OF TORRENS CERTIFICATES
OF TITLE
1. Original Certificate Of Title (OCT)
-First title issued in the name of the registered owner by the ROD
covering a parcel of land which had been registered by virtue of a
judicial or administrative proceeding.
2. Transfer Certificate Of Title (TCT)
-title issued by the ROD in favor od the transferee to whom
ownership of the already registered land had been transferred by
virtue of a sale or other modes of conveyance.
LANDS NOT SUBJECT TO REGISTRATION
1. Those devoted to general public use ( public
roads, plaza, canal, street, river)
2. Those devoted to public service (town hall,
military camp)
3. Public forests
4. Mineral lands
5. Those reserved by the government for public or
quasi-public purpose
ADMINISTRATION OF THE TORRENS
SYSTEM
1. LAND REGISTRATION AUTHORITY (LRA)
-Charged with the efficient execution of the laws relative to the
registration of lands, under the executive supervision of the DOJ
-responsible for issuing decrees of registration and certificates
of title and register documents, patents and other land
transaction for the benefit of landowners and the registering
public in general.
-Consists of an Administrator assisted by 2 Deputy
Administrators.
ADMINISTRATION OF THE TORRENS
SYSTEM
2. REGISTER OF DEEDS (ROD)
-Constitutes a public repository of records of instruments
affecting registered or unregistered lands and chattel
mortgages in the province or city wherein such office is
situated.
-Headed by the Register of Deeds, assisted by a Deputy
Original Registration under PD 1529
A proceeding brought before the RTC (as a land
registration court) to determine title or ownership of
land on the basis of an application for registration or
answer by a claimant in a cadastral registration.
Kinds of Judicial Registration
1. Judicial/Voluntary/Ordinary
-by filing with the proper court; application by
the individual himself

2. Administrative/Involuntary/Cadastral
-compulsory registration initiated by the
government
 Procedure in Original Land Registration
1. Determine if the land is registrable
2. Determine if you are qualified to apply
3. Survey the land
4. File the application (survey attached) for land
registration with the appropriate court
5. Court sets initial hearing
6. Transmittal of application and the date of initial hearing by the clerk of Court to the LRA
7. Publication of the initial hearing
8. Service of Notice by the sheriff upon contiguous owners, occupants and those known to
have interests in the property
MUNIMENTS OF TITLE
Instruments or written evidence which
applicant holds or possesses to enable him to
substantiate and prove title to his estate.
Procedure in Original Land Registration
9. File an answer/opposition to the application
10. Hearing
11. Judgment
12. Issuance of decree of registration
13. Entry of the Decree in the LRA
14. 14. Sending a copy of the decree to corresponding ROD
15. Transcription of the decree of registration in the registration bool and
issuance of owner’s duplicate OCT to the applicant by ROD upon payment of
prescribed fees.
DECREE
Issued by the LRA after finality of
judgement; contains technical
description of land.
CONTENTS OF APPLICATION
Under Sec. 15, PD 1529
1. Description of the land applied for together with the buildings and
improvements
2. Citizenship and Civil Status of the applicant
•If married, name of spouse
•If the marriage has been legally dissolved, when and how the marriage relation
was terminated
3. Assessed value of the land and the buildings and other improvements based
on the last assessment for taxation purposes
4. Mortgage or encumbrances affecting the land or names of other persons who
may have an interest therein, legal or equitable
 CONTENTS OF APPLICATION
5. Manner of acquisition of land
6. Full names and addresses of ALL OCCUPANTS of the land and those of the
ADJOINING owners,
7. If application describes land as bounded by a public or private WAY or ROAD, it
shall state whether or not applicant claims any portion of the land within the limits
of the way or road, and whether applicant desires to have the line of way or road
determined
8. Court may require FACTS to be stated in addition to those prescribed by the
decree not inconsistent therewith and may require filing of additional papers
9. If applicant is non-resident of the Philippines, he shall file and instrument
appointing an agent residing in the country and agree that service of any legal
process shall be of the same legal effect as if made upon the applicant within the
Philippines
WHERE TO FILE APPLICATION?
GENERAL RULE:
RTC of the province or city where the land is situated
-file together with the application, all original
muniments of title or copies thereof and a survey
plan of the land approved by the Bureau of Lands
 WHAT LANDS ARE REGISTRABLE?
Registrable lands
a. Private Lands
b. Agricultural Lands (part of public land that is only alienable)

1987 CONSTITUTION Art. XII Sec. 2

xxx With the exception of agricultural lands, all other natural resources shall not be
alienated. xxx
Sec 3. Lands of the public domain are classified into agricultural, forest or
timber, mineral lands and national parks. Agricultural lands of the public
domain may be further classified by law according to the uses to which they
may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands. xxx
 WHAT LANDS ARE REGISTRABLE?
NON-Registrable lands

1987, CONSTITUTION Art. XII Sec. 2

All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are owned by the State.

(Regalian Doctrine)
 WHAT LANDS ARE REGISTRABLE?
NON-Registrable lands

Forest or timberlands
Lands for public use: roads, ports and bridges, etc.
Lands which are owned by the State for public
service or development of national wealth.
 WHO MAY APPLY FOR LAND
REGISTRATION?
Constitutional Requirements and Limitations:
-Only Filipino Citizens

1987, CONSTITUTION Art. XII Sec. 3

xxx Citizens of the Philippines may lease not more
than five hundred hectares (500) , or acquire not
more than twelve hectares (12) thereof by purchase,
homestead, or grant. xxx
 Private Corporations
Private corporations may not hold alienable lands of the public domain except
by lease not exceeding 1000 hectares.
1987, CONSTITUTION Art. XII Sec. 3
xxx Private corporations or associations may not hold alienable lands of the
public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one
thousand hectares in area. xxx
Note:
Private lands may be owned for as long as the corporation is at least 60%
Filipino and not exceeding 144 hectares.
Issuance of Decree of Registration
Court directs the Land Registration Authority to issue a decree of
registration and certificate of Title within 15 days from entry of
judgment.
1. Commissioner signs the decree
2. Decree is entered and filed with the LRA
3. OCT and owner’s duplicate certificate are sent to the Register of
Deeds where property is situated.
4. Register of Deeds enters the information in his registration book.
5. Register of Deeds sends notice by mail to owner that his duplicate
is ready for delivery upon payment of legal fees.
 REFERENCES
▪Aguilar, N. M. (2005). Land Titles and Deeds. (Fil. 333.1 Ag93
2005)
▪ Besavilla, V. I. (1996). Laws, Rules, Regulation for Computerized
Licensure Examination in Geodetic Engineering. (Fil. 526.9076
B463 1996)
▪ Gatus, J. P. (2010). Geodetic Engineering Laws and Practices.
Quezon City: Vibal Publishing House Inc. (Fil. 526.32599 G299
2010)
▪ Pena, N. (1998). Registration of Land Titles and Deeds. (1998)