Characteristics of Torrens System

•Characteristics of Torrens System 1. Issuance of certificate of title is a contractive notice to all persons. Registration of deed of sale in Register of Deeds (ROD) considered constructive notice 2. Inconvertible a. Inconvertible - after 1 year in the entry of the decree before the ROD 3. Imprescriptible 4. Cannot use as a shield to protect fraud 5. Protect only for those who act in good faith •Doctrine of forge instrument may become root to a valid title cannot be apply, if the owner still holds the valid and existing certificate of title. •The one who deals with property registered under the Torrens system

need not go beyond, but only rely to the title exceptions: Actual knowledge of facts and circumstances that would impel a reasonable cautious man to make such or purchaser who has knowledge of an decree or lapse of title in the vendor or sufficient facts to induce a reasonable prudent man to inquire into the title of the property.  

If a certificate of title is void all subsequent certificates of title derive therefrom are also void. Remedies in Land Registration Proceedings A. Rule 37 (New trial) B. Relieve from judgment C. Appeal within 15 days D. Petition for review E. Action for reconveyance F. Action for damages

• Mirror principle – Purchaser is not required to explore beyond what the record in the registry indicate on his face. •Execution of deed of sale is equivalent to registry • In case of free patent You cannot dispose or alienate the property within 5 years; if you alienate it the government will file a case against you. • DAR – emancipated patent, cannot be transferred except by hereditary

•ADVERSE CLAIM is a notice to third persons that someone is claiming an interest on the property or has a better right than the registered owner thereof. The disputed land is subject to the outcome of the dispute. •The purpose of the notice of lis pendens is to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein. • Surrender of the owners duplicate certificate of title in involuntary dealings There is no need to surrender, because you can only submit it the document to the ROD and the ROD will annotate it. It can only be cancel once there is court order. •foreclosure of real property / real estate mortgage Conditions where by the extrajudicial can be have A. Mortgagor is a juridical entity B. Property has been mortgage in favor of the bank, quasi bank or trust entity C. Foreclosure is done extra judicially How many years is redemption period? 1 year after registration of the sale Redemption is reckoned after the registration of the sale or after the date of foreclosure whichever is early, but most often the period is after the registration of the sale.