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GE Board Exam 2021 Law Coverage:

-Obligations and Contracts

-Laws on Property and Land Registration
-Public Land Law and Natural Resources Land Registration Laws
-Agrarian Reform laws
-Code of Ethics of the Profession Prepared by:
-Rules and Regulations Governing Land Engr. Mark Reynold M. Arriesgado, J.D.
Surveying
-and other related laws

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Torrens System LAND TITLE

A system for registration of land under which, Best evidence of the right of the owner or the
upon landowner’s application, the court may, extent of his interest, and by which means he
after appropriate proceedings, direct the can maintain control, and as a rule assert right
issuance of a certificate of title. to exclusive possession and enjoyment of
property.
Originator: Robert Richard Torrens
Note: Tax declarations are not the best proof of
ownership, it is rebuttable.

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Sample board exam question DEED

Is tax declaration and payment of taxes thereon An instrument in writing which any real estate
a proof of ownership? or interest therein is created, alienated,
A. Yes, because there are no other applicants. B. mortgaged or assigned or by which title to any
B. No, you are not paying taxes religiously. real estate may be affected in law or equity.
C. Yes, because you believe you are the owner of
the land. ex. Deed of sale, deed of donation, deed of
D. No, it is not a conclusive proof of ownership. conveyance

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Modes of Acquiring Land Titles

Purpose of Registration 1. Title by public grant – conveyance of public land by government to a
private individual
The purpose of the registration is to finally settle 2. Title by acquisitive prescription – open, continuous, exclusive, notorious
title to real property in order to preempt any possession of a land (10 years in good faith or 30 years in bad faith)
question on the legality of the title – except claims 3. Title by accretion – alluvion being the riparian owner
that were noted on the certificate itself at the time 4. Title by reclamation – filling of submerged land by deliberate act and
reclaiming title thereto by the government
of registration or those that arose subsequent 5. Title by voluntary transfer – voluntary execution of deed of conveyance
thereto (i.e. mortagage, lease, sale) (ex. Deed of sale or deed of donation)
7. Title by inheritance – hereditary succession to the estate of deceased
owner
8. Title by emancipation patent or grant – for purpose of improving sad
plight of tenant farmers; not transferable right away except by hereditary
succession.

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Which court has jurisdiction over land

EXCEPTIONS
registration cases?
Land registration proceedings and all petitions When the case involves:
after original registration of titles are filed with -lots without controversy
the Regional Trial Court of the province or city -opposition contested lots where the
where the land or a portion or it lies. assessed value does not exceed P100,000.00

then, the Metropolitan or Municipal Trial Court

(MTC) have jurisdiction.

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Torrens Certificate of Title Torrens Certificate of Title

A Torrens Certificate of Title is valid and Original Certificate of Title (OCT)
enforceable against the whole world.
It is the first certificate of title issued in the
The title, once registered, is notice to the whole
world. All persons must take notice. No one can name of a registered owner by the Register of
plead ignorance of the registration. Deeds covering a parcel of land which had been
registered under the Torrens System, by virtue
1. OCT of judicial or administrative proceedings.
2. TCT
3. Patents

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Torrens Certificate of Title Torrens Certificate of Title

Transfer Certificate of Title (TCT) Patents only involve public lands which are
The subsequent certificate of title pursuant to any alienated by the Government, pursuant to the
deed of transfer or conveyance to another person. Public Land Act (CA 141).

The Register of Deeds shall make a new

certificate of title and given him an owner’s
duplicate certificate. The previous certificate shall
be stamped “cancelled”.

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Laws Governing Land Registration Laws Governing Land Registration

PD NO. 1529 CA 141
The Property Registration Decree covers both The Public Land Act governs the procedure for
ordinary and cadastral registration the judicial confirmation of imperfect or
proceedings. It supersedes the Land Registration incomplete titles.
Act and the Cadastral Act (Act No. 2259).
It applies to lands of the public domain which
have been declared open to disposition or
concession by the government and officially
delimited and classified.

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Steps in Original Registration

Laws Governing Land Registration
Proceedings:
RA NO. 8371 (IPRA LAW) 1. Determine if the land is registrable (CENRO/PENRO)
2. Determine if you are qualified to apply
The Indigenous Peoples Rights Act recognizes 3. Survey the land
the rights of ownership and possession of 4. File the application (survey attached) for land
indigenous cultural communities to their registration with the appropriate court
ancestral domains and lands on the basis of 5. Court sets initial hearing
native title, and defines the extent of these 6. Publication of the initial hearing
lands and domains. 7. File an opposition to the application
8. Hearing
9. Judgment
10. Issuance of decree of registration

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Sample board exam question Answer

Other than the applicant, who else is being PD 1529 Section 17. What and where to file. The
application for land registration shall be filed with the
notified in an ordinary land registration Court of First Instance of the province or city where the
proceedings? land is situated. The applicant shall file together with the
application all original muniments of titles or copies
A. Director, NHA thereof and a survey plan of the land approved by the
B, DAR Regional Director Bureau of Lands.
C. Director, LMB of DENR
The clerk of court shall not accept any application unless
D. Director General of NEDA it is shown that the applicant has furnished the Director
of Lands with a copy of the application and all annexes.

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Sample board exam question Sec. 23 PD 1529

The posting of notice in a land registration case is placed The Commissioner of Land Registration shall also
in the bulletin board or in a conspicuous place of the cause a duly attested copy of the notice of initial
____________________?
I. Province
hearing to be posted by the sheriff of the province
II. City/ municipality
or city, as the case may be, or by his deputy, in a
III. Quezon City
conspicuous place on each parcel of land included
IV. Land applied form
in the application and also in a conspicuous place
A. II, III and IV
on the bulletin board of the municipal building of
B. I, III, IV
the municipality or city in which the land or portion
C. I, II, IV
thereof is situated, fourteen days at least before the
D. I, II, III
date of initial hearing.

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WHAT LANDS ARE REGISTRABLE? Non- registrable lands

Registrable lands
1987, CONSTITUTION Art. XII Sec. 2
a. Private Lands
All lands of the public domain, waters, minerals,
b. Agricultural Lands (part of public land that is
coal, petroleum, and other mineral oils, all
only alienable)
forces of potential energy, fisheries, forests or
1987 CONSTITUTION Art. XII Sec. 2 timber, wildlife, flora and fauna, and other
xxx With the exception of agricultural lands, all other natural natural resources are owned by the State. Xxx
resources shall not be alienated. xxx
Sec 3. Lands of the public domain are classified into agricultural,
(Regalian Doctrine)
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

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WHO MAY APPLY FOR LAND

Private Corporations
REGISTRATION?
Constitutional Requirements and Limitations: Private corporations may not hold alienable lands of
the public domain except by lease not exceeding 1000
-Only Filipino Citizens hectares.

1987, CONSTITUTION Art. XII Sec. 3 1987, CONSTITUTION Art. XII Sec. 3
xxx Citizens of the Philippines may lease not xxx Private corporations or associations may not hold
more than five hundred hectares (500) , or alienable lands of the public domain except by lease,
acquire not more than twelve hectares (12) for a period not exceeding twenty-five years,
thereof by purchase, homestead, or grant. xxx renewable for not more than twenty-five years, and
not to exceed one thousand hectares in area. xxx

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Issuance of Decree of Registration Cadastral Act (Act No. 2259)

– it is a compulsory registration proceeding initiated
Court directs the Land Registration Authority to issue a by the government to “settle and adjudicate” title
decree of registration and certificate of Title within 15 days
from entry of judgment. to lands.
– The Director of Lands gives notice to all persons
1. Commissioner signs the decree of the date of survey for them to inform the
2. Decree is entered and filed with the LRA surveyors of the boundaries of their claims.
3. OCT and owner’s duplicate certificate are sent to the – Only unregistered lands may be the subject of
Register of Deeds where property is situated. survey.
4. Register of Deeds enters the information in his – All conflicting interests shall be adjudicated by the
registration book. court and in the absence of successful claimants,
5. Register of Deeds sends notice by mail to owner that his the property is declared public land.
duplicate is ready for delivery upon payment of legal fees.

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Cadastral Registration Proceedings Cadastral Registration Proceedings

1. Determination of the President that public interest 7. Interested persons should communicate with the
requires title to unregistered lands be settled geodetic engineer if he requests for any information
2. Director of lands shall make a cadastral survey about the land
3. Director of Lands gives notice to interested persons 8. Actual survey/ plotting of the land
4. Publication of notice 9. Director of Lands represented by Solicitor
5. A copy of the notice shall also be sent to the mayor and General shall institute original registration proceedings
the sanggunian 10. Publication, mailing posting
6. Geodetic engineers/ Bureau of Land employees shall 11. Hearing
notify (re: survey) by posting at the municipal building 12. Decision
13. Issuance of the decree and certificates of title.

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Subsequent Registration after the title

Government actions affecting titles
was issued
PD 1529 Sec 52. Constructive notice upon ATTACHMENT - a writ issued at the institution or
registration. during progress of an action commanding the
Every conveyance, mortgage, lease, lien, sheriff to attach the property, rights, credits or
attachment, order, judgment, instrument or entry effects of the defendant to satisfy demands of the
affecting registered land shall, if registered, filed plaintiff
or entered in the office of the Register of Deeds Examples:
for the province or city where the land to which it
relates lies, be constructive notice to all persons Garnishment- a court order directing that money or
from the time of such registering, filing or property of a third party be seized to satisfy a debt
entering. owed by a debtor to a plaintiff creditor.

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NOTICE OF LIS PENDENS ADVERSE CLAIM

A notice of lis pendens is an announcement to When a person claims any part or interest in
the whole world that a particular real property is registered land adverse to the registered owner,
in litigation, serving as a warning that one who after date of the original registration.
acquires an interest over the said property does
so at his own risk or that he gambles on the It registered by filing with the Register of Deeds
result of the litigation of the said property. a sworn petition stating the basis of the right
claimed 30 days from the date of registration.

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Purchaser in Good faith Rules on Double Sale of Land

Rule: A forged deed is an absolute nullity and Ownership belongs to the person who:
conveys no title. 1. In good faith first recorded the sale in the Registry of
Property; or

EXCEPTION: If there is good faith, a TCT has 2. If there is no inscription of sale on the title, ownership
already been issued to the purchaser, the latter passes to the person who in good faith was first in
possession; or
being an innocent purchaser for value according
then the title is good. 3. In the absence thereof, to the person who presents the
oldest title, provided there is good faith.

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Remedies of the Aggrieved

Action for Reconveyance, when to file
Party
Motion for New Trial- 15 days from notice of judgment
before issuance of decree, or within/after 1 year
from entry
Appeal-15 days from notice of judgment of new trial
-if based on implied trust, 10 years;
Relief from Judgment-60 days after petitioner learns of -if based on expressed trust and void contract,
judgment, but not more than 6 months after judgment imprescriptible
was entered -if based on fraud, 4 years from the discovery of
fraud
Petition for Review- due to extrinsic fraud, petition
must be filed within one year (1) form the issuance of
the decree by LRA

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Annulment of Judgment
Grounds: extrinsic fraud and lack of jurisdiction RECONSTITUTION OF
LOST OR DESTROYED
If based on extrinsic fraud, file within 4 years
from discovery.
CERTIFICATE OF TITLE
(Republic Act No. 26)

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Reconstitution vs Replacement of title

• The lost or destroyed document referred to is the
Reconstitution Replacement one that is in the custody of the Register of Deeds.
Original title with the registry of Only the owner’s duplicate When reconstitution is ordered, this document is
deeds got lost or destroyed, certificate got lost/destroyed, replaced with a new one — the reconstituted title —
then reconstitution of the title and the copy at the Register of that basically reproduces the original.
would be necessary. Deeds is intact
• After the reconstitution, the owner is issued a
This can be either through an
administrative reconstitution (in duplicate copy of the reconstituted title.
case of a substantial loss of titles
in the RD) or a judicial
reconstitution (in case the RD
copy of the title is lost or
destroyed)

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Certificates of title shall be reconstituted from such of the sources

hereunder enumerated as may be available, in the following order:
• Administrative reconstitution of lost or (a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the
destroyed certificates is governed by RA certificate of title;
6732. (c) A certified copy of the certificate of title, previously issued by the
register of deeds or by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as
the case may be, pursuant to which the original certificate of title
• It is available in case of substantial loss was issued;
(e) A document, on file in the registry of deeds, by which the
(10% of the total number of titles in property, the description of which is given in said document, is
possession) or destruction of land titles mortgaged, leased or encumbered, or an authenticated copy of
said document showing that its original had been registered; and
due fire, flood or other force majeure. (f) Any other document which, in the judgment of the court, is
sufficient and proper basis for reconstituting the lost or destroyed
certificate of title.

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Penalties for Fraudulent Reconstituted Titles Sample board exam question

The decision of the reconstituting officer or the Register
of Deeds under RA 6732 is subject to the final review and
• Any person who by means of fraud, deceit or other
machination obtains or attempts to obtain a reconstituted
or decision of the LRA Administrator, he may
title shall be subject to criminal prosecution and, upon ____________ the said decision.
conviction, shall be liable for imprisonment for a period I. Reverse
of not less than 2 years but not exceeding 5 years or II. Modify
the payment of a fine of not less than 20,000 pesos but [Link]
not exceeding 200,000 pesos or both at the discretion
of the court. A. II & III
B. I, II & III
C. I & II
D. I & III

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RA 456
No voluntary document by which real property or on
REPUBLIC ACT NO. 456 interest therein sold, transferred, assigned, mortgaged
or leased shall be registered in the registry of property,
AN ACT TO PROHIBIT THE REGISTRATION OF unless the real estate taxes levied and actually due
CERTAIN DOCUMENTS AFFECTING REAL thereon shall have been fully paid. If evidence of such
payment is not presented within fifteen days from the
PROPERTY WHICH IS DELINQUENT IN THE date of entry of said document in the primary entry
PAYMENT OF REAL ESTATE TAXES book of the register of deeds, the entry shall be
deemed cancelled. A certificate of the provincial, city
or municipal treasurer showing that the real property
involved is not delinquent in taxes shall be sufficient
evidence for the purposes of this Act.

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Chattel Mortgage Law Chattel Mortgage

ACT NO. 1508 -personal property shall be subject to mortgage
AN ACT PROVIDING FOR THE MORTGAGING OF
PERSONAL PROPERTY AND FOR THE -a chattel mortgage is a conditional sale of
REGISTRATION OF THE MORTGAGES SO personal property as security for the payment of
EXECUTED a debt, or the performance of some other
obligation specified therein.

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