HISTORY OF THE TORRENS SYSTEM OF REGISTRATION
TORRENS SYSTEM OF REGISTRATION
·
In the Torrens system, title by registration
takes the place of “title by deeds” of the system under the “general” law.
·
By “Torrens” systems generally are meant those
systems of registration of transactions with interest in land whose declared
object is, under governmental authority, to establish and certify to the
ownership of an absolute and indefeasible title to realty, and to simplify its
transfer.
·
The object of the Torrens system then is to do
away with the delay, uncertainty, and expense of the old conveyancing system.
·
The dominant principle of the Torrens system of
land registration is that the titles registered thereunder are indefeasible or
as nearly so as it is possible to make them
PURPOSE OF THE TORRENS SYSTEM
·
The real purpose of the Torrens system of
registration, as expressed in Legarda v. Saleeby, a 1915 decision, is to quiet
title to land; to put a stop forever to any question of the legality of the
title, except claims which were noted at the time of registration, in the
certificate, or which may arise subsequent thereto.
·
That being the purpose of the law, once a title
is registered the owner may rest secure, without the necessity of waiting in
the portals of the court, or sitting in the “mirador de su casa,” to avoid the
possibility of losing his land.
·
The Torrens system aims to decree land titles
that shall be final, irrevocable, and indisputable, and to relieve the land of
the burden of known as well as unknown claims.
·
The registration either relieves the land of all
known as well as unknown claims absolutely, or it compels the claimants to come
into court and to make there a record, so that thereafter there may be no
uncertainty concerning either the character or the extent of such claims.
ADVANTAGES OF THE TORRENS SYSTEM
(a)
It has substituted security for insecurity;
(b)
It has reduced the cost of conveyances from
pounds to shillings, and the time occupied from months to days;
(c)
It has exchanged brevity and clearness for
obscurity and verbiage;
(d)
It has so simplified ordinary dealings that he
who has mastered the ‘three R’s’ can transact his own conveyancing;
(e)
It affords protection against fraud;
(f)
It has restored to their just value many
estates, held under good holding titles, but depreciated in consequence of some
blur or technical defect, and has barred the reoccurrence of any similar faults
·
Main
Purpose: to avoid possible conflicts of title to real estate and to
facilitate transactions relative thereto by giving the public the right to rely
upon the face of a Torrens certificate of title and to dispense with the need
of inquiring further, except when the party concerned has actual knowledge of
facts and circumstances that should impel a reasonably cautious man to make
such further inquiry
·
Every person dealing with registered land may
safely rely on the correctness of the certificate of title issued therefor and
the law will in no way oblige him to go beyond the certificate to determine the
condition of the property.
THREE PRINCIPLES IN THE TORRENS SYSTEM
1.
Mirror principle
·
if there are several transfers, the TCT will be
a ‘mirror’ in that it should be identical to the current facts. If the seller
sells the land, the old title must be identical to the new one in terms of
technical description, so as to reinforce the concept that the buyers should be
able to rely on the face of the title
·
XPN:
(1)
when a person deals with a registered land with
someone that is not the registered owner
(2)
when the party has actual knowledge of facts
which should impel a reasonably cautious mind to make such inquiry to the lack
of title
(3)
in cases of banking and financing institutions
2.
Curtain principle
·
The concept that the buyer should be able to
rely on the face of the title, and should not go beyond the certificate. In a
way, the buyer does not have to go behind the curtain to ascertain the truth of
the title, because the Torrens Certificate guarantees him that.
3.
Insurance principle
·
Equates registration to a guarantee by the State
REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP
·
Registration does not vest title. It is merely
evidence of such title over a particular property. Our land registration laws
do not give the holder any better title than what he actually has.
·
Registration is not a mode of acquiring
ownership but is merely a procedure to establish evidence of title over realty
·
Registration of land under Act No. 496 or PD No.
1529 does not vest in the registrant private or public ownership of the land.
Registration is not a mode of acquiring ownership but is merely evidence of
ownership previously conferred by any of the recognized modes of acquiring
ownership. Registration does not give the registrant a better right than what
the registrant had prior to the registration. The registration of lands of the
public domain under the Torrens system, by itself, cannot convert public lands
into private lands
WHAT IS A CERTIFICATE OF TITLE?
Certificate of title is the true copy of the decree of
registration or the transcription thereof and like the decree shall also be
signed by the LRA Administrator. This is the certificate of ownership issued
under the Torrens system of registration by the government, thru the Register
of Deeds. It names and declares who the owner in fee simple is and described
the property with utmost particularity and free from all liens and encumbrances
except as those noted or reserved by law. Legally defined, a certificate of
title is the transcript of the decree of registration made by the Register of
Deeds.
TITLE V. CERTIFICATE OF TITLE
|
TITLE |
CERTIFICATE
OF TITLE |
|
Source of right |
Merely confirms a title already existing |
|
Foundation of ownership |
Mere evidence of ownership |
|
Best evidence of ownership |
Best evidence of title |
WHAT ARE THE 2 TYPES OF CERTIFICATES OF TITLE?
1. Original Certificate of Title (OCT)
·
the first title issued in the name of the
registered owner by the Register of Deeds covering a parcel of land which had
been registered under the Torrens system by virtue of a judicial or
administrative proceeding
·
It consists of one original copy filed in the
Register of Deeds, and the owner’s duplicate certificate delivered to the owner
2. Transfer Certificate of Title (TCT)
·
the title issued by the Register of Deeds in
favor of a transferee to whom the ownership of a registered land has been
transferred by any legal mode of conveyance
·
It also consists of an original and an owner’s
duplicate certificate.
PROBATIVE VALUE OF A TORRENS TITLE
·
Torrens title may be received in evidence in all
courts of the Philippines and shall be conclusive as to all matters contained
therein, principally as to the identity of the land owner except so far as
provided in the Land Registration Act
·
A Torrens certificate is an evidence of
indefeasible title of property in favor of the person in whose name appears
therein – such holder is entitled to the possession of the property until his
title is nullified.
INDEFEASIBILITY AND INCONTROVERTIBILITY OF CERTIFICATES OF TITLE
·
The certificate, once issued, becomes a
conclusive evidence of the title ownership of the land referred to therein.
What appears on the face of the title is controlling on questions of ownership
of the property in favor of the person whose name appears therein and such cannot
be defeated by adverse, open, and notorious possession; neither can it be
defeated by prescription.
RULES REGARDING INDEFEASIBILITY AND INCONTROVERTIBILITY OF CERTIFICATE OF TITLE
1.
The certificate of title serves as evidence of
an indefeasible title to the property in favor of the person whose name appears
therein.
2.
After the expiration of the one (1) year period
from the issuance of the decree of registration upon which it is based, it
becomes incontrovertible.
3.
Decree of registration and the certificate of
title issued pursuant thereto may be attacked on the ground of actual fraud
within one (1) year from the date of its entry and such an attack must be
direct and not by a collateral proceeding. The validity of the certificate of
title in this regard can be threshed out only in an action expressly filed for
the purpose.
NATURE OF THE REGISTRATION PROCEEDINGS UNDER THE TORRENS SYSTEM
·
Upon the presentation in court of an application
for the registration of the title to lands, the theory under the Torrens system
is that all occupants, adjoining owners, adverse claimants, and other
interested persons are notified of the proceedings, and have a right to appear
in opposition to such application.
·
Proceeding is against the whole world
·
Proceedings shall be in rem and based on
generally accepted principles under the Torrens system
PROCEEDING IN REM V. IN PERSONAM
|
IN
REM |
IN
PERSONAM |
|
When the object of the action is to bar indifferently all who might
be minded to make an objection of any sort against the right sought to be
established, and if anyone in the world has a right to be heard on the
strength of alleging facts, which, if true, show an inconsistent interest |
To establish a claim against some particular person, with a judgment
which generally, in theory at least, binds his body, or to bar some
individual claim or objection, or to only contain certain persons who are
entitled to be heard in defense |
HOW IS JURISDICTION IN REM ACQUIRED?
By giving the public notice of initial hearing by means of:
1.
Publication
2.
Mailing
3.
Notice
v
The decree has also created the Land
Registration Commission, now renamed the Land Registration Authority, under the
Department of Justice, the central repository of records relative to original
registration, including subdivision and consolidation plans of titled lands
WHO HAS JURISDICTION OVER LAND REGISTRATION CASES?
·
Regional
Trial Courts have exclusive jurisdiction over land registration cases.
·
The jurisdiction of the Regional Trial Courts
over matters involving the registration of lands and lands registered under the
Torrens system is conferred by Section 2 of PD No. 1529, while jurisdiction
over petitions for amendments of certificates of title is provided for by
Section 108.
·
Section 2of PD No. 1529 provides that RTC shall
have exclusive jurisdiction over all applications:
(1)
Original registration of title to lands
including improvements and interests therein; and
(2)
Over all petitions filed after original
registration of title, with power to hear and determine all questions arising
upon such applications or petitions.
·
RTC shall exercise exclusive original
jurisdiction in all civil actions which involve the title to, or possession to,
real property, or any interest therein, where the assessed value of the
property exceeds P20,000, or for civil actions in Metro Manila, where such
value exceeds P50,000, except actions for forcible entry into and unlawful
detainer of lands or buildings, original jurisdiction over which is conferred
upon the MTC, MCTC, MMTC
·
What determines jurisdiction are the allegations
in the complaint and the reliefs prayed for—where the ultimate objective of the
plaintiff is to obtain title to property, it should be filed in the proper
court having jurisdiction over the assessed value of the property.
·
In any event, whether a particular matter should
be resolved by the RTC on the exercise of its general jurisdiction or of its
limited jurisdiction as a special court is in reality not a jurisdictional
question but is more in essence of a procedural question involving the mode of
practice which may be waived
DELEGATED JURISDICTION OF INFERIOR COURTS IN CADASTRAL AND LAND REGISTRATION CASES
MTC, MCTC, and the MMTC are granted delegated jurisdiction
to hear and determine cadastral and land registration cases in the following
instances:
1.
Where the lot sought to be registered is not the
subject of controversy and application
2.
Where the lot is contested but the value thereof
doesn’t exceed P100,000, such value to be ascertained by the:
§
Affidavit of the claimant or
§
By the agreement of the respective claimants, if
there be more than one, or
§
From the corresponding tax declaration of the
real property
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