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This page features the full text of
Presidential Decree No. 1529
The Property Registration Decree.
PRESIDENTIAL
DECREE NO. 1529
AMENDING
AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR
OTHER
PURPOSES
WHEREAS,
there is a need to update the Land Registration Act and to codify the
various
laws relative to registration of property, in order to facilitate
effective
implementation of said laws;
WHEREAS,
to strengthen the Torrens system, it is deemed necessary to adopt
safeguards
to prevent anomalous titling of real property, and to streamline and
simplify
registration proceedings and the issuance of certificates of title;
WHEREAS,
the decrees promulgated relative to the registration of certificates of
land transfer and emancipation patents issued pursuant to Presidential
Decree No. 27 to hasten the implementation of the land reform program
of
the country form an integral part
of the property registration laws;
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree the following:
CHAPTER
I
GENERAL
PROVISIONS
Sec.
1. Title of Decree. - This Decree shall be known as the
"Property Registration Decree."
Sec.
2. Nature of registration proceedings; jurisdiction of
courts.
- Judicial proceedings for the registration of lands throughout the
Philippines shall be in rem and shall be based on the generally
accepted principles underlying the Torrens System. Courts of
First
Instance shall have exclusive jurisdiction over all applications for
original
registration of title to lands, including improvements and interests
therein,
and over all petitions filed after original registration of title, with
power to hear and determine all
questions arising upon such applications or petitions. The court
through
its clerk of court shall furnish the Land Registration Commission with
two certified copies of all pleadings, exhibits, orders, and decisions
filed or issued in applications or petitions for
land
registration, with the exception of stenographic notes, within five
days
from the filing or issuance thereof. chan
robles virtual law library
Sec.
3. Status of other pre-existing land registration system. -
The system of registration under the Spanish Mortgage Law is hereby
discontinued
and all lands recorded under said system which are not yet covered by
Torrens
title shall be considered as unregistered lands. Hereafter, all
instruments
affecting lands originally registered under the Spanish Mortgage Law
may
be recorded under Section 113
of this Decree, until the land shall have been brought under the
operation
of the Torrens System.
The
books of registration for unregistered lands provided under Section 194
of the Revised
Administrative Code, as amended by Act No. 3344, shall continue to
remain in force; Provided, that all instruments dealing with
unregistered
lands shall henceforth be registered under Section 113 of this Decree.
CHAPTER
II
THE
LAND REGISTRATION COMMISSION
AND
ITS REGISTRIES OF DEEDS
Sec.
4. Land Registration Commission. - In order to have a
more
efficient execution of the laws relative to the registration of lands,
geared to the massive and accelerated land reform and social justice
program
of the government, there is created a commission to be known as the
Land
Registration Commission under the executive supervision of the
Department
of Justice.
Sec.
5. Officials and employees of the Commission. - The Land
Registration
Commission shall have a chief and an assistant chief to be known,
respectively,
as the Commissioner and the Deputy Commissioner of Land Registration
who
shall be appointed by the President.
The Commissioner shall be duly qualified member of the Philippine Bar
with
at least ten years of practice in the legal profession, and shall have
the same rank, compensation and privileges as those of a Judge of the
Court
of First Instance. The Deputy
Commissioner, who shall possess the same qualifications as those
required
of the Commissioner, shall receive compensation which shall be three
thousand
pesos per annum less than that of the Commissioner. He shall act as
Commissioner
of Land Registration during the absence or disability of the
Commissioner
and when there is a vacancy in the position until another person shall
have been designated or appointed in accordance with law. The Deputy
Commissioner
shall also perform such other functions
as the Commissioner may assign to him.
They
shall be assisted by such number of division chiefs as may be necessary
in the interest of the functioning of the Commission, by a Special
Assistant
to the Commissioner, and by a Chief Geodetic Engineer who shall each
receive
compensation at the rate of three thousand four hundred pesos per annum
less than that of the Deputy Commissioner. All other officials and
employees
of the Land Registration Commission including those of the Registries
of
Deeds whose salaries are not herein provided, shall receive salaries
corresponding
to the minimum of their respective upgraded ranges as provided under
paragraph
3.1 of Budget Circular No. 273, plus sixty per centum thereof across
the
board, notwithstanding the maximum salary allowed for their respective
civil service eligibilities. chan
robles virtual law library
The
salaries of officials and employees provided in this Decree shall be
without
prejudice to such benefits and adjustments as may from time to time be
granted by the President or by the legislature to government employees.
All
officials and employees of the Commission except Registers of Deeds
shall
be appointed by the Secretary of Justice upon recommendation of the
Commissioner
of Land Registration.
Sec.
6. General Functions. -
(1)
The Commissioner of Land Registration shall have the following
functions:
(a)
Issue decrees of registration pursuant to final judgments of the courts
in land registration proceedings and cause the issuance by the
Registers
of Deeds of the corresponding certificates of title;
(b)
Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;
(c)
Resolve cases elevated en consulta by, or on appeal from decision of,
Registers
of Deeds;
(d)
Exercise executive supervision over all clerks of court and personnel
of
the Courts of First Instance throughout the Philippines with respect to
the discharge of their duties and functions in relation to the
registration
of lands;
(e)
Implement all orders, decisions, and decrees promulgated relative to
the
registration of lands and issue, subject to the approval of the
Secretary
of Justice, all needful rules and regulations therefor;
(f)
Verify and approve subdivision, consolidation, and
consolidation-subdivision
survey plans of properties titled under Act No. 496 except those
covered
by P.D. No. 957.
(2)
The Land Registration Commission shall have the following functions:
(a)
Extend speedy and effective assistance to the Department of Agrarian
Reform,
the Land Bank, and other agencies in the implementation of the land
reform
program of the government;
(b)
Extend assistance to courts in ordinary and cadastral land registration
proceedings;
(c)
Be the central repository of records relative to original registration
of lands titled under the Torrens system, including subdivision and
consolidation
plans of titled lands.
Sec.
7. Office of the Register of Deeds. - There shall be at
least
one Register of Deeds for each province and one for each city. Every
Registry
with a yearly average collection of more than sixty thousand pesos
during
the last three years shall have one Deputy Register of Deeds, and every
Registry with a yearly average collection of more than three hundred
thousand
pesos during the last three years, shall have one Deputy Register of
Deeds
and one second Deputy Register of Deeds.
The
Secretary of Justice shall define the official station and territorial
jurisdiction of each Registry upon the recommendation of the
Commissioner
of Land Registration, with the end in view of making every registry
easily
accessible to the people of the neighboring
municipalities.
The
province or city shall furnish a suitable space or building for the
office
of the Register of Deeds until such time as the same could be furnished
out of national funds.
Sec.
8. Appointment of Registers of Deeds and their Deputies and
other
subordinate personnel; salaries. - Registers of Deeds shall be
appointed
by the President of the Philippines upon recommendation of the
Secretary
of Justice. Deputy Registers of Deeds
and all other subordinate personnel of the Registries of Deeds shall be
appointed by the Secretary of Justice upon the recommendation of the
Commissioner
of Land Registration.
The
salaries of Registers of Deeds and their Deputies shall be at the
following
rates:
(1) First Class Registries - The salaries of
Registers of Deeds in
first
class Registries shall be three thousand four hundred pesos per annum
less
than that of the Deputy Commissioner.
(2) Second Class Registries - The salaries of
Registers of Deeds
in
second class Registries shall be three thousand four hundred pesos per
annum less than those of Registers of Deeds in first class Registries.
(3) Third Class Registries - The salaries of
Registers of Deeds in
third
class Registries shall be three thousand four hundred pesos per annum
less
than those of Registers of Deeds in second class Registries.
(4)
The salaries of Deputy Registers of Deeds and Second Deputy Registers
of
Deeds shall be three thousand four hundred pesos per annum less than
those
of their corresponding Registers of Deeds and Deputy Registers of
Deeds,
respectively.
The
Secretary of Justice, upon recommendation of the Commissioner of Land
Registration,
shall cause the reclassification of Registries based either on work
load
or the class of province/city, whichever will result in a higher
classification,
for purposes of salary adjustments in accordance with the rates
hereinabove
provided.
Sec.
9. Qualifications of Registers of Deeds and Deputy Registers
of
Deeds. - No person shall be appointed Register of Deeds unless he
has
been admitted to the practice of law in the Philippines and shall have
been actually engaged in such practice for at
least
three years or has been employed for a like period in any branch of
government
the functions of which include the registration of property.
The
Deputy Register of Deeds shall be a member of the Philippine Bar: Provided,
however, that no Register of Deeds or Deputy Register of Deeds
holding
office as such upon the passage of this Decree shall by reason hereof,
be removed from office or be demoted
to a lower category or scale of salary except for cause and upon
compliance
with due process as provided for by law.
Sec.
10. General functions of Registers of Deeds. - The
office
of the Register of Deeds 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.
It
shall be the duty of the Register of Deeds to immediately register an
instrument
presented for registration dealing with real or personal property which
complies with all the requisites for registration. He shall see to it
that
said instrument bears the proper documentary
and science stamps and that the same are properly cancelled. If the
instrument
is not registrable, he shall forthwith deny registration thereof and
inform
the presentor of such denial in writing, stating the ground or reason
therefor,
and advising him of his right to appeal by consulta in accordance with
Section 117 of this Decree.
Sec.
11. Discharge of duties of Register of Deeds in case of
vacancy,
etc. - (1) Until a regular Register of Deeds shall
have
been appointed for a province or city, or in case of vacancy in the
office,
or upon the occasion of the absence, illness, suspension, or inability
of the Register of Deeds to discharge his duties, said duties shall be
performed
by the following officials, in the order in which they are mentioned
below,
unless the Secretary of Justice designates another official to act
temporarily
in his place:
(a)
For the province or city where there is a Deputy Register of Deeds, by
said Deputy Register of Deeds, or by the second Deputy Register of
Deeds,
should there be one;
(b)
For the province or city where there is no Deputy or second Deputy
Register
of Deeds, by the Provincial or City Fiscal, or any Assistant Fiscal
designated
by the Provincial or City Fiscal;
(2)
In case of absence, disability or suspension of the Register of Deeds
without
pay, or in case of vacancy in the position, the Secretary of Justice
may,
in his discretion, authorize the payment of an additional compensation
to the official acting as Register of Deeds, such additional
compensation
together with his actual salary not to exceed the salary authorized for
the position thus filled by him.
(3)
In case of a newly-created province or city and pending establishment
of
a Registry of Deeds and the appointment of a regular Register of Deeds
for the new province or city, the Register of Deeds of the mother
province
or city shall be the ex-officio Register of Deeds for said new
province
or city.
Sec.
12. Owner's Index; reports. - There shall be prepared in
every
Registry an index system which shall contain the names of all
registered
owners alphabetically arranged. For this purpose, an index card which
shall
be prepared in the name of each registered owner
which shall contain a list of all lands registered in his name.
The
Register of Deeds shall submit to the Land Registration Commission
within
ten days after the month to which they pertain his monthly reports on
collections
and accomplishments. He shall also submit to the Commission at the end
of December of each year, an annual inventory of all titles and
instruments
in his Registry.
Sec.
13. Chief Geodetic Engineer. - There shall be a Chief
Geodetic
Engineer in the Land Registration Commission who shall be the technical
adviser of the Commission on all matters involving surveys and shall be
responsible to him for all plats, plans and works
requiring the services of a geodetic engineer in said office. He shall
perform such other functions as may, from time to time, be assigned to
him by the Commissioner.
CHAPTER
III
ORIGINAL
REGISTRATION
I.
ORDINARY REGISTRATION PROCEEDINGS
A.
APPLICATIONS
Sec.
14. Who may apply. - The following persons may file in the
proper
Court of First Instance an application for registration of title to
land,
whether personally or through their duly authorized representatives:
(1)
Those who by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession and
occupation
of alienable and disposable lands of the public domain under a bona
fide
claim of ownership since June 12, 1945, or earlier.
(2)
Those who have acquired ownership of private lands by prescription
under
the provision of existing laws.
(3)
Those who have acquired ownership of private lands or abandoned river
beds
by right of accession or accretion under the existing laws.
(4)
Those who have acquired ownership of land in any other manner provided
for by law.
Where
the land is owned in common, all the co-owners shall file the
application
jointly.
Where
the land has been sold under pacto de retro, the vendor a retro may
file
an application for the original registration of the land: Provided,
however, That should the period for redemption expire during the
pendency
of the registration proceedings and ownership
to the property consolidated in the vendee a retro, the latter
shall
be substituted for the applicant and may continue the proceedings.
A
trustee on behalf of his principal may apply for original registration
of any land held in trust by him, unless prohibited by the instrument
creating
the trust.
Sec.
15. Form and contents. - The application for land
registration
shall be in writing, signed by the application or the person duly
authorized
in his behalf, and sworn to before any officer authorized to administer
oaths for the province or city where the application
was actually signed. If there is more than one applicant, the
application
shall be signed and sworn to by and in behalf of each. The application
shall contain a description of the land and shall state the citizenship
and civil status of the applicant, whether single or married, and, if
married,
the name of the wife or husband, and, if the marriage has been legally
dissolved, when and how the marriage relation terminated. It shall also
state the full names and addresses of all occupants of the land and
those
of the adjoining owners, if known, and, if not known, it shall state
the
extent of the search made to find them.
The
application, shall, in form, be substantially as follows:
Republic
of the Philippines
Court
of First Instance of _________________
The
undersigned, ____________________________
_____________________________________________________________________________________________________hereby
applies
(or apply) to have the land hereinafter described brought under the
operation
of the Property Registration Decree, and to have
the title thereto registered and confirmed:
AND
DECLARE . . . . .
1.
That the applicants/s is/are the owners of the land (by virtue of
inheritance
or deed of sale or conveyance and/or possession in accordance with
Section
14 of said Decree), together with the building and improvements
thereon,
with the exception of the following:
______________________________________________________________________________
which
is/are the property of ____________________________ residing at
_____________________________
The said land, consisting of ____________________ parcel/s is/are
situated,
bounded and described as shown on the plan and technical descriptions
attached
hereto and made a part hereof, with the following exception:
________________________________________________________________________
________________________________________________________________________
2.
That said land at the last assessment for taxation was assessed at P
____,
Philippine currency, and the buildings and other improvements at P
___________,
Philippine currency.
3.
That to the best of my/our knowledge and belief, there is no mortgage
or
encumbrance of any kind whatsoever affecting said
land,
nor any other person having any interest therein, legal or equitable,
or
in possession, other than as follows:
______________________________________________________________________________
4.
That the applicant/s has/have acquired said land in the following
manner:
________________________________
(Note:
Refer to Sec. 14 of said Decree. State also whether the property is
conjugal,
paraphernal or exclusive property of the applicant/s)
5.
That said land is occupied by the following person:
_______________________________________________________________________________
6.
That the names in full and addresses, as far as known to the
undersigned,
of the owners of all adjoining properties, of the
persons
mentioned in paragraphs 3 and 5, and of the persons shown on the plan
as
claimants, are as follows:
_______________________________________________________________________________
7.
That the applicant/s is/are single or married to _____________________
(Note: if marriage has been legally dissolved, state when
and how
the
marriage relation terminated.) ___________________________________________________________________
8.
That the applicant's/s' full name, age, citizenship, residence, and
postal
address/es is/are as follows:
________________________________________________________________________________
9.
That (Note: - If the land included in the
application
is bounded by a public or private way or road, there should be stated
in
this paragraph
whether or not the applicant claims any and what land within the limits
of the way or road and whether the applicant desires
to have the line of the way or road determined.)
________________________________________________________________________________
10.
That the following documents are attached hereto and made a part hereof:
________________________________________________________________________________
Signed
at ___________________ this _____________________ day of
____________________,
in the year nineteen
hundred
and ______________________.
_______________________
Applicant
______________________
(Post Office Address)
REPUBLIC
OF THE PHILIPPINES
PROVINCE
(OR CITY) OF _______________
On
this _______________ day of _________________________,19 ________
personally
appeared before me the above-named
__________________________________________________
known to me to be the person/s who executed the foregoing application
and
made oath that the statements therein are true of his/their knowledge,
information and belief.
The
Residence Certificate/s ______________________ of the applicant/s
______________
was/were exhibited to me being No. _________________ issued at
___________________
dated ____________, 19 __________.
_______________________________
(Notary Public, or other Officer
authorized to administer oaths)
PTR NO. _________________
Sec.
16. Non-resident applicant. - If the applicant is not a
resident
of the Philippines, he shall file with his application an instrument in
due form appointing an agent or representative residing in the
Philippines,
giving his full name and postal address, and shall therein agree that
the
service of any legal process in the proceedings under or growing out of
the application made upon his agent or representative shall be of the
same
legal effect as if made upon the applicant within the Philippines. If
the
agent or representative
dies, or leaves the Philippines, the applicant shall forthwith make
another
appointment for the substitute, and, if he fails to do so the court may
dismiss the application.
Sec.
17. What and where to file. - The application for land
registration
shall be filed with the Court of First Instance of the province or city
where the land is situated. The applicant shall file together with the
application all original muniments of titles or
copies
thereof and a survey plan of the land approved by the Bureau of Lands.
The
clerk of court shall not accept any application unless it is shown that
the applicant has furnished the Director of Lands with a copy of the
application
and all annexes.
Sec.
18. Application covering two or more parcels. - An
application
may include two or more parcels of land belonging to the applicant/s
provided
they are situated within the same province or city. The court may at
any
time order an application to be amended by striking out one or more of
the parcels or by a severance of the application.
Sec.
19. Amendments. - Amendments to the application including
joinder, substitution, or discontinuance as to parties may be allowed
by
the court at any stage of the proceedings upon just and reasonable
terms.
Amendments which shall consist in a substantial change in the
boundaries
or an increase in area of the land applied for or which involve the
inclusion
of an additional land shall be subject to the same requirements of
publication
and notice as in an original application.
Sec.
20. When land applied for borders on road. - If the
application
describes the land as bounded by a public or private way or road, it
shall
state whether or not the applicant claims any and what portion of the
land
within the limits of the way or road, and whether
the applicant desires to have the line of the way or road determined.
Sec.
21. Requirement of additional facts and papers; ocular
inspection.
- The court may require facts to be stated in the application in
addition
to those prescribed by this Decree not inconsistent therewith and may
require
the filing of any additional paper. It may also conduct an ocular
inspection,
if necessary.
Sec.
22. Dealings with land pending original registration. -
After
the filing of the application and before the issuance of the decree of
registration, the land therein described may still be the subject of
dealings
in whole or in part, in which case the interested party shall present
to
the court the pertinent instruments together with a subdivision plan
approved
by the Director of Lands in case of transfer of portions thereof and
the
court, after notice to the parties, shall order such land registered
subject
to the conveyance or encumbrance created by said instruments, or order
that the decree of registration be issued in the name of the person to
whom the property has been conveyed by said instruments.
B.
PUBLICATION, OPPOSITION AND DEFAULT
Sec.
23. Notice of initial hearing, publication, etc. - The
court
shall, within five days from filing of the application, issue an order
setting the date and hour of the initial hearing which shall not be
earlier
than forty-five days nor later than ninety days from the date of the
order.
The
public shall be given notice of the initial hearing of the application
for land registration by means of (1) publication; (2) mailing; and (3)
posting.
1.
By publication. -
Upon
receipt of the order of the court setting the time for initial hearing,
the Commissioner of Land Registration shall cause notice of initial
hearing
to be published once in the Official Gazette and once in a newspaper of
general circulation in the Philippines: Provided, however, that
the publication in the Official Gazette shall be sufficient to confer
jurisdiction
upon the court. Said notice shall be addressed to all persons appearing
to have an interest in the land involved including the adjoining owners
so far as known, and "to all whom it may concern." Said
notice
shall also require all persons concerned to appear in court at a
certain
date and time to show cause why the prayer of said application shall
not
be granted.
2.
By mailing. -
(a)
Mailing of notice to persons named in the application. - The
Commissioner
of Land Registration shall also, within seven days after publication of
said notice in the Official Gazette, as hereinbefore provided, cause a
copy of the notice of initial hearing to be mailed
to every person named in the notice whose address is known.
(b)
Mailing of notice to the Secretary of Public Highways, the Provincial
Governor
and the Mayor. - If the applicant requests to have the line of a
public
way or road determined, the Commissioner of Land Registration shall
cause
a copy of said notice of initial hearing to be mailed to the Secretary
of Public Highways, to the Provincial Governor, and to the Mayor of the
municipality or city, as the case may be, in which the land lies.
(c)
Mailing of notice to the Secretary of Agrarian Reform, the Solicitor
General,
the Director of Lands, the Director of Public Works, the Director of
Forest
Development, the Director of Mines and the Director of Fisheries and
Aquatic
Resources. - If the land
borders on a river, navigable stream or shore, or on an arm of the sea
where a river or harbor line has been established, or on a lake, or if
it otherwise appears from the application or the proceedings that a
tenant-farmer
or the national government may have a claim adverse to that of the
applicant,
notice of the initial hearing shall be given in the same manner to the
Secretary of Agrarian Reform, the Solicitor General, the Director of
Lands,
the Director of Mines and/or the Director of Fisheries and Aquatic
Resources,
as may be appropriate.
3.
By posting. -
The
Commissioner of Land Registration shall also cause a duly attested copy
of the notice of initial hearing to be posted by the sheriff of the
province
or city, as the case may be, or by his deputy, in a conspicuous place
on
each parcel of land included in the application
and also in a conspicuous place on the bulletin board of the municipal
building of the municipality or city in which the land or portion
thereof
is situated, fourteen days at least before the date of initial hearing.
The
court may also cause notice to be served to such other persons and in
such
manner as it may deem proper. The notice of initial hearing shall, in
form,
be substantially as follows:
(Caption
and Title)
NOTICE
OF INITIAL HEARING
To
(here insert the names of all persons appearing to have an interest and
the adjoining owners so far as known, and to all whom it may concern):
An
application (or petition) having been filed in the above-entitled case
by (full name and address) praying for the registration and
confirmation
(or for the settlement and adjudication, in case of petition in
cadastral
proceedings) of title to the following described lands:
(Insert
description)
You
are hereby served this notice to appear before this Court at its
session
to be held at _________________ on the ______________ day of
_______________,
19 ______, at _____________ o'clock in the _________ then and there to
present such claims as you may have to said lands or any portion
thereof,
and to submit evidence in support of such claim; and unless you appear
at said Court at the time and place aforesaid, your default will be
recorded
and the title to the lands will be adjudicated and determined in
accordance
with law and the evidence before the Court, and thereafter you will
forever
be barred from contesting said application (or petition) or any decree
entered thereon.
Witness,
the Hon. ________________________ Judge of the Court of First Instance
of _______ this _______ day of _________________, in the year 19______.
Attest:
Commissioner of Land Registration
Sec.
24. Proof of publication and notice. - The certification
of
the Commissioner of Land Registration and of the sheriff concerned to
the
effect that the notice of initial hearing, as required by law, has been
complied with shall be filed in the case before the date of initial
hearing,
and shall be conclusive proof of such fact.
Sec.
25. Opposition to application in ordinary proceedings. -
Any
person claiming an interest, whether named in the notice or not, may
appear
and file an opposition on or before the date of initial hearing, or
within
such further time as may be allowed by the court.
The opposition shall state all the objections to the application and
shall
set forth the interest claimed by the party filing the same and apply
for
the remedy desired, and shall be signed and sworn to by him or by some
other duly authorized person.
If
the opposition or the adverse claim of any person covers only a portion
of the lot and said portion is not properly delimited on the plan
attached
to the application, or in case of undivided co-ownership, conflicting
claims
of ownership or possession, or overlapping of
boundaries, the court may require the parties to submit a subdivision
plan
duly approved by the Director of Lands.
Sec.
26. Order of default; effect. - If no person appears and
answers
within the time allowed, the court shall, upon motion of the applicant,
no reason to the contrary appearing, order a default to be recorded and
require the applicant to present evidence. By the description in the
notice
"To all Whom It May Concern," all the world are made parties
defendant
and shall be concluded by the default order.
Where
an appearance has been entered and an answer filed, a default order
shall
be entered against persons who did not appear and answer.
C.
HEARING JUDGMENT AND DECREE OF REGISTRATION
Sec.
27. Speedy hearing; reference to a referee. - The trial
court
shall see to it that all registration-proceedings are disposed or
within
ninety days from the date the case is submitted for decision. The
Court,
if it deems necessary, may refer the case or any part thereof to a
referee
who shall hear the parties and their evidence, and the referee shall
submit
his report thereon to the Court within fifteen days after the
termination
of such hearing. Hearing before a referee may be held at any convenient
place within the province or city as may be fixed by him and after
reasonable
notice thereof shall have been served the parties concerned. The court
may render judgment in accordance with the report as though the facts
have
been found by the judge himself: Provided, however, That the
court
may in its discretion accept the report, or set it aside in whole or in
part, or order the case to be recommitted for further proceedings.
Sec.
28. Partial judgment. - In a case where only a portion of
the land subject of registration is contested, the court may render
partial
judgment: Provided, That a subdivision plan showing the contested and
uncontested
portions approved by the Director of Lands is previously submitted to
said
court.
Sec.
29. Judgment confirming title. - All conflicting claims
of
ownership and interest in the land subject of the application shall be
determined by the court. If the court, after considering the evidence
and
the reports of the Commissioner of Land Registration and
the
Director of Lands, finds that the applicant or the oppositor has
sufficient
title proper for registration, judgment shall be rendered confirming
the
title of the applicant, or the oppositor, to the land or portions
thereof.
Sec.
30. When judgment becomes final; duty to cause issuance of
decree.
- The judgment rendered in a land registration proceedings becomes
final
upon the expiration of thirty days to be counted from the data of
receipt
of notice of the judgment. An appeal may be taken from the judgment of
the court as in ordinary civil cases.
After
judgment has become final and executory, it shall devolve upon the
court
to forthwith issue an order in accordance with Section 39 of this
Decree
to the Commissioner for the issuance of the decree of registration and
the corresponding certificate of title in favor of the person adjudged
entitled to registration.
Sec.
31. Decree of registration. - Every decree of
registration
issued by the Commissioner shall bear the date, hour and minute of its
entry, and shall be signed by him. It shall state whether the owner is
married or unmarried, and if married, the name of the husband or wife:
Provided, however, That if the land adjudicated by the court is
conjugal property, the decree shall be issued in the name of both
spouses.
If the owner is under disability, it shall state the nature of
disability,
and if a minor, his age. It shall contain a description of the land as
finally determined by the court, and shall set forth the estate of the
owner, and also, in such manner as to show their relative priorities,
all
particular estates, mortgages, easements, liens, attachments, and other
encumbrances, including rights of tenant-farmers, if any, to which the
land or owner's estate is subject, as well as any other matters
properly
to be determined in pursuance of this Decree.
The
decree of registration shall bind the land and quiet title thereto,
subject
only to such exceptions or liens as may be provided by law. It shall be
conclusive upon and against all persons, including the National
Government
and all branches thereof, whether mentioned by name in the application
or notice, the same being included in the general description "To
all
whom it may concern".
Sec.
32. Review of decree of registration; Innocent purchaser for
value.
- The decree of registration shall not be reopened or revised by
reason
of absence, minority, or other disability of any person adversely
affected
thereby, nor by any proceeding in any court for reversing judgments,
subject,
however, to the right of any person, including the government and the
branches
thereof, deprived of land or of any estate or interest therein by such
adjudication or confirmation of title obtained by actual fraud, to file
in the proper Court of First Instance a petition for reopening and
review
of the decree of registration not later than one year from and after
the
date of the entry of such decree of registration, but in no case shall
such petition be entertained by the court where an innocent purchaser
for
value has acquired the land or an interest therein, whose rights may be
prejudiced. Whenever the phrase "innocent purchaser for value"
or
an equivalent phrase occurs in this Decree, it shall be deemed to
include
an innocent lessee, mortgagee, or other encumbrancer for value.
Upon
the expiration of said period of one year, the decree of registration
and
the certificate of title issued shall become incontrovertible.
Any person aggrieved by such decree of registration in any case may
pursue
his remedy by action for damages against the applicant or any other
persons
responsible for the fraud.
Sec.
33. Appeal from judgment, etc. - The judgment and orders
of
the court hearing the land registration case are appealable to the
Court
of Appeals or to the Supreme Court in the same manner as in ordinary
actions.
Sec.
34. Rules of procedure. - The Rules
of Court shall, insofar as not inconsistent with the provision of
this
Decree, be applicable to land registration and cadastral cases by
analogy
or in a suppletory character and whenever practicable and convenient.
II.
CADASTRAL REGISTRATION PROCEEDINGS
A.
ORDER FOR SPEEDY SETTLEMENT AND
ADJUDICATION; SURVEY; NOTICES
Sec.
35. Cadastral Survey preparatory to filing of petition. -
(a)
When in the opinion of the President of the Philippines, public
interest
so requires that title to any unregistered lands be settled and
adjudicated,
he may to this end direct and order the Director of Lands to cause to
be
made a cadastral survey of the lands involved
and the plans and technical description thereof prepared in due form.
(b)
Thereupon, the Director of Lands shall give notice to persons claiming
any interest in the lands as well as to the general public, of the day
on which such survey will begin, giving as fully and accurately as
possible
the description of the lands to be surveyed.
Such
notice shall be punished once in the Official Gazette, and a copy of
the
notice in English or the national language shall be posted in a
conspicuous
place on the bulletin board of the municipal building of the
municipality
in which the lands or any portion thereof
is situated. A copy of the notice shall also be sent to the mayor of
such
municipality as well as to the barangay captain and likewise to the
Sangguniang
Panlalawigan and the Sangguniang Bayan concerned.
(c)
The Geodetic Engineers or other employees of the Bureau of Lands in
charge
of the survey shall give notice reasonably in advance of the date on
which
the survey of any portion of such lands is to begin, which notice shall
be posted in the bulletin board of
the municipal building of the municipality or barrio in which the lands
are situated, and shall mark the boundaries of the lands by monuments
set
up in proper places thereon. It shall be lawful for such Geodetic
Engineers
and other employees to enter upon the lands whenever necessary for the
purposes of such survey or the placing of monuments.
(d)
It shall be the duty of every person claiming an interest in the lands
to be surveyed, or in any parcel thereof, to communicate with the
Geodetic
Engineer upon his request therefor all information possessed by such
person
concerning the boundary lines of any
lands to which he claims title or in which he claims any interest.
(e)
Any person who shall wilfully obstruct the making of any survey
undertaken
by the Bureau of Lands or by a licensed Geodetic Engineer duly
authorized
to conduct the survey under this Section, or shall maliciously
interfere
with the placing of any monument
or remove such monument, or shall destroy or remove any notice of
survey
posted on the land pursuant to law, shall be punished by a fine of not
more than one thousand pesos or by imprisonment for not more than one
year,
or both.
B.
PETITION; LOT NUMBERS
Sec.
36. Petition for registration. - When the lands have
been
surveyed or plotted, the Director of Lands, represented by the
Solicitor
General, shall institute original registration proceedings by filing
the
necessary petition in the Court of First Instance of the place where
the
land is situated against the holders, claimants, possessors, or
occupants
of such lands or any part thereof, stating in substance that public
interest
requires that the title to such lands be settled and adjudicated and
praying
that such titles be so settled and adjudicated.
The
petition shall contain a description of the lands and shall be
accompanied
by a plan thereof, and may contain such other data as may serve to
furnish
full notice to the occupants of the lands and to all persons who may
claim
any right or interest therein. Where
the land consists of two or more parcels held or occupied by different
persons, the plan shall indicate the boundaries or limits of the
various
parcels as accurately as possible. The parcels shall be known as "lots"
and shall on the plan filed in the case be
given separate numbers by the Director of Lands, which numbers shall be
known as "cadastral lot numbers". The lots situated within each
municipality shall, as far as practicable, be numbered consecutively
beginning
with number "one", and only one series of numbers shall be used
for that purpose in each municipality. However in cities or townsites,
a designation of the landholdings by blocks and lot numbers may be
employed
instead of the designation by cadastral lot numbers. The cadastral
number
of a lot shall not be changed after final decision has been entered
decreasing
the registration thereof, except by order of court. Future subdivisions
of any lot shall be designated by a letter or letters of the alphabet
added
to the cadastral number of the lot to which the respective subdivisions
pertain. The letter with which a subdivision is designated shall be
known
as its "cadastral letter": Provided, however, That the
subdivisions
of cities or townsites may be designated by blocks and lot numbers.
C.
ANSWER
Sec.
37. Answer to petition in cadastral proceedings. - Any
claimant
in cadastral proceedings, whether named in the notice or not, shall
appear
before the court by himself or by some other authorized person in his
behalf,
and shall file an answer on or before the date of initial hearing or
within
such further time as may be allowed by the court. The answer shall be
signed
and sworn to by the claimant or by some other authorized person in his
behalf, and shall state whether the claimant is married or unmarried,
and
if married, the name of the spouse and the date of marriage, his
nationality,
residence and postal address, and shall also contain:
(a)
The age of the claimant;
(b)
The cadastral number of the lot or lots claimed, as appearing on the
plan
filed in the case by the Director of Lands, or the block and lot
numbers,
as the case may be;
(c)
The name of the barrio and municipality in which the lots are situated;
(d)
The names and addresses of the owners of the adjoining lots so far as
known
to the claimant;
(e)
If the claimant is in possession of the lots claimed and can show no
express
grant of the land by the government to him or to his
predecessors-in-interest,
the answer shall state the length of time he has held such possession
and
the manner in which it has been
acquired, and shall also state the length of time, as far as known,
during
which the predecessors, if any, held possession;
(f)
If the claimant is not in possession or occupation of the land, the
answer
shall fully set forth the interest claimed by him and the time and
manner
of his acquisition;
(g)
if the lots have been assessed for taxation, their last assessed value;
and
(h)
The encumbrances, if any, affecting the lots and the names of adverse
claimants,
as far as known.
D.
HEARING; JUDGMENT; DECREE
Sec.
38. Hearing, Judgment, Decree. - The trial of the case
may
occur at any convenient place within the province in which the lands
are
situated and shall be conducted, and orders for default and confessions
entered, in the same manner as in ordinary land
registration
proceedings and shall be governed by the same rules. All conflicting
interests
shall be adjudicated by the court and decrees awarded in favor of the
persons
entitled to the lands or to parts thereof and such decrees shall be the
basis for issuance of original certificates of title in favor of said
persons
and shall have the same effect as certificates of title granted on
application
for registration of land under ordinary land registration proceedings.
chan
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virtual law library
CHAPTER
IV
CERTIFICATE
OF TITLE
Sec.
39. Preparation of decree and Certificate of Title. -
After
the judgment directing the registration of title to land has become
final,
the court shall, within fifteen days from entry of judgment, issue an
order
directing the Commissioner to issue the corresponding
decree of registration and certificate of title. The clerk of court
shall
send, within fifteen days from entry of judgment, certified copies of
the
judgment and of the order of the court directing the Commissioner to
issue
the corresponding decree
of registration and certificate of title, and a certificate stating
that
the decision has not been amended, reconsidered, nor appealed, and has
become final. Thereupon, the Commissioner shall cause to be prepared
the
decree of registration as well as the
original
and duplicate of the corresponding original certificate of title. The
original
certificate of title shall be a true copy of the decree of
registration.
The decree of registration shall be signed by the Commissioner, entered
and filed in the Land Registration Commission. The original of the
original
certificate of title shall also be signed by the Commissioner and shall
be sent, together with the owner's duplicate certificate, to the
Register
of Deeds of the city or province where the property is situated for
entry
in his registration book.
Sec.
40. Entry of Original Certificate of Title. - Upon
receipt
by the Register of Deeds of the original and duplicate copies of the
original
certificate of title the same shall be entered in his record book and
shall
be numbered, dated, signed and sealed by the Register
of Deeds with the seal of his office. Said certificate of title shall
take
effect upon the date of entry thereof. The Register of Deeds shall
forthwith
send notice by mail to the registered owner that his owner's duplicate
is ready for delivery to him upon payment
of legal fees.
Sec.
41. Owner's duplicate certificate of title. - The owner's
duplicate certificate of title shall be delivered to the registered
owner
or to his duly authorized representative. If two or more persons are
registered
owners, one owner's duplicate certificate may be
issued
for the whole land, or if the co-owners so desire, a separate duplicate
may be issued to each of them in like form, but all outstanding
certificates
of title so issued shall be surrendered whenever the Register of Deeds
shall register any subsequent voluntary
transaction affecting the whole land or part thereof or any interest
therein.
The Register of Deeds shall note on each certificate of title a
statement
as to whom a copy thereof was issued. chan
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Sec.
42. Registration Books. - The original copy of the
original
certificate of title shall be filed in the Registry of Deeds. The same
shall be bound in consecutive order together with similar certificates
of title and shall constitute the registration book for titled
properties.
Sec.
43. Transfer Certificate of Title. - The subsequent
certificate
of title that may be issued by the Register of Deeds pursuant to any
voluntary
or involuntary instrument relating to the same land shall be in like
form,
entitled "Transfer Certificate of Title", and likewise issued in
duplicate.
The certificate shall show the number of the next previous certificate
covering the same land and also the fact that it was originally
registered,
giving the record number, the number of the original certificate of
title,
and the volume and page of the registration book in which the latter is
found.
Sec.
44. Statutory liens affecting title. - Every registered
owner
receiving a certificate of title in pursuance of a decree of
registration,
and every subsequent purchaser of registered land taking a certificate
of title for value and in good faith, shall hold the
same
free from all encumbrances except those noted in said certificate and
any
of the following encumbrances which may be subsisting, namely:
First.
Liens, claims or rights arising or existing under the laws and
Constitution
of the Philippines which are not by law required to appear of record in
the Registry of Deeds in order to be valid against subsequent
purchasers
or encumbrancers of record.
Second.
Unpaid real estate taxes levied and assessed within two years
immediately
preceding the acquisition of any right over the land by an innocent
purchaser
for value, without prejudice to the right of the government to collect
taxes payable before that period from the delinquent taxpayer alone.
Third.
Any public highway or private way established or recognized by law, or
any government irrigation canal or lateral thereof, if the certificate
of title does not state that the boundaries of such highway or
irrigation
canal or lateral thereof have been determined.
Fourth.
Any disposition of the property or limitation on the use thereof by
virtue
of, or pursuant to, Presidential Decree No. 27 or any other law or
regulations
on agrarian reform.
Sec.
45. Statement of personal circumstances in the certificate. -
Every certificate of title shall set forth the full names of all
persons
whose interests make up the full ownership in the whole land, including
their civil status, and the names of their respective spouses, if
married,
as well as their citizenship, residence and postal address. If the
property
covered belongs to the conjugal partnership, it shall be issued in the
names of both spouses.
Sec.
46. General incidents of registered land. - Registered
land
shall be subject to such burdens and incidents as may arise by
operation
of law. Nothing contained in this decree shall in any way be construed
to relieve registered land or the owners thereof
from
any rights incident to the relation of husband and wife, landlord and
tenant,
or from liability to attachment or levy on execution, or from liability
to any lien of any description established by law on the land and the
buildings
thereon, or on the interest of
the owner in such land or buildings, or to change the laws of descent,
or the rights of partition between co-owners, or the right to take the
same by eminent domain, or to relieve such land from liability to be
recovered
by an assignee in insolvency or trustee in bankcruptcy under the laws
relative
to preferences, or to change or affect in any way other rights or
liabilities
created by law and applicable to unregistered land, except as otherwise
provided in this Decree. chan
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Sec.
47. Registered land not subject to prescriptions. - No
title
to registered land in derogation of the title of the registered owner
shall
be acquired by prescription or adverse possession.
Sec.
48. Certificate not subject to collateral attack. - A
certificate
of title shall not be subject to collateral attack. It cannot be
altered,
modified, or cancelled except in a direct proceeding in accordance with
law.
Sec.
49. Splitting, or consolidation of titles. - A
registered
owner of several distinct parcels of land embraced in and covered by a
certificate of title desiring in lieu thereof separate certificates,
each
containing one or more parcels, may file a written request for that
purpose
with the Register of Deeds concerned, and the latter, upon the
surrender
of the owner's duplicate, shall cancel it together with its original
and
issue in lieu thereof separate certificates as desired. A registered
owner
of several distinct parcels of land
covered by separate certificates of title desiring to have in lieu
thereof
a single certificate for the whole land, or several certificates for
the
different parcels thereof, may also file a written request with the
Register
of Deeds concerned, and the latter, upon
the surrender of the owner's duplicates, shall cancel them together
with
their originals, and issue in lieu thereof one or separate certificates
as desired.
Sec.
50. Subdivision and consolidation plans. - Any owner
subdividing
a tract of registered land into lots which do not constitute a
subdivision
project has defined and provided for under P.D. No. 957, shall file
with
the Commissioner of Land Registration or with the Bureau of Lands a
subdivision
plan of such land on which all boundaries, streets, passageways and
waterways,
if any, shall be distinctly and accurately delineated.
If
a subdivision plan, be it simple or complex, duly approved by the
Commissioner
of Land Registration or the Bureau of Lands together with the approved
technical descriptions and the corresponding owner's duplicate
certificate
of title is presented for registration,
the Register of Deeds shall, without requiring further court approval
of
said plan, register the same in accordance with the provisions of the
Land
Registration Act, as amended: Provided, however, that the Register of
Deeds
shall annotate on the new certificate
of title covering the street, passageway or open space, a memorandum to
the effect that except by way of donation in favor of the national
government,
province, city or municipality, no portion of any street, passageway,
waterway
or open space so delineated
on the plan shall be closed or otherwise disposed of by the registered
owner without the approval of the Court of First Instance of the
province
or city in which the land is situated.
A
registered owner desiring to consolidate several lots into one or more,
requiring new technical descriptions, shall file with the Land
Registration
Commission, a consolidation plan on which shall be shown the lots to be
affected, as they were before, and as they will appear after the
consolidation.
Upon the surrender of the owner's duplicate certificates and the
receipt
of consolidation plan duty approved by the Commission, the Register of
Deeds concerned shall cancel the corresponding certificates of title
and
issue a new one for the consolidated lots.
The
Commission may not order or cause any change, modification, or
amendment
in the contents of any certificate of title, or of any decree or plan,
including the technical description therein, covering any real property
registered under the Torrens system, nor order the cancellation of the
said certificate of title and the issuance of a new one which would
result
in the enlargement of the area covered by the certificate of title.
CHAPTER
V
SUBSEQUENT
REGISTRATION
I.
VOLUNTARY DEALINGS WITH REGISTERED LANDS
GENERAL
PROVISIONS
Sec.
51. Conveyance and other dealings by registered owner. -
An
owner of registered land may convey, mortgage, lease, charge or
otherwise
deal with the same in accordance with existing laws. He may use such
forms
of deeds, mortgages, leases or other voluntary
instruments as are sufficient in law. But no deed, mortgage, lease, or
other voluntary instrument, except a will purporting to convey or
affect
registered land shall take effect as a conveyance or bind the land, but
shall operate only as a contract between the parties and as evidence of
authority to the Register of Deeds to make registration.
The
act of registration shall be the operative act to convey or affect the
land insofar as third persons are concerned, and in all cases under
this
Decree, the registration shall be made in the office of the Register of
Deeds for the province or city where the land
lies. chan
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Sec.
52. Constructive notice upon registration. - Every
conveyance,
mortgage, lease, lien, attachment, order, judgment, instrument or entry
affecting registered land shall, if registered, filed or entered in the
office of the Register of Deeds for the province or city
where
the land to which it relates lies, be constructive notice to all
persons
from the time of such registering, filing or entering.
Sec.
53. Presentation of owner's duplicate upon entry of new
certificate.
- No voluntary instrument shall be registered by the Register of Deeds,
unless the owner's duplicate certificate is presented with such
instrument,
except in cases expressly provided for in this Decree or upon order of
the court, for cause shown.
The
production of the owner's duplicate certificate, whenever any voluntary
instrument is presented for registration, shall be conclusive authority
from the registered owner to the Register of Deeds to enter a new
certificate
or to make a memorandum of registration
in accordance with such instrument, and the new certificate or
memorandum
shall be binding upon the registered owner and upon all persons
claiming
under him, in favor of every purchaser for value and in good faith.
In
all cases of registration procured by fraud, the owner may pursue all
his
legal and equitable remedies against the parties to such fraud without
prejudice, however, to the rights of any innocent holder for value of a
certificate of title. After the entry of the decree
of registration on the original petition or application, any subsequent
registration procured by the presentation of a forged duplicate
certificate
of title, or a forged deed or other instrument, shall be null and void.
Sec.
54. Dealings less than ownership, how registered. - No
new
certificate shall be entered or issued pursuant to any instrument which
does not divest the ownership or title from the owner or from the
transferee
of the registered owners. All interests in registered
land less than ownership shall be registered by filing with the
Register
of Deeds the instrument which creates or transfers or claims such
interests
and by a brief memorandum thereof made by the Register of Deeds upon
the
certificate of title, and
signed by him. A similar memorandum shall also be made on the owner's
duplicate.
The cancellation or extinguishment of such interests shall be
registered
in the same manner.
Sec.
55. Grantee's name, nationality, etc., to be stated. -
Every
deed or other voluntary instrument presented for registration shall
contain
or have endorsed upon it the full name, nationality, residence and
postal
address of the grantee or other person acquiring or claiming an
interest
under such instrument, and every deed shall also state whether the
grantee
is married or unmarried, and if married, the name in full of the
husband
or wife. If the grantee is a corporation or association, the instrument
must contain a recital to show that such corporation or association is
legally qualified to acquire private lands. Any change in the residence
or postal address of such person shall be endorsed by the Register of
Deeds
on the original copy of the corresponding certificate of title,
upon
receiving a sworn statement of such change. All names and addresses
shall
also be entered on all certificates.
Notices
and processed issued in relation to registered land in pursuance of
this
Decree may be served upon any person in interest by mailing the same to
the addresses given, and shall be binding, whether such person resides
within or without the Philippines, but the
court may, in its discretion, require further or other notice to be
given
in any case, if in its opinion the interest of justice so requires.
Sec.
56. Primary Entry Book; fees; certified copies. - Each
Register
of Deeds shall keep a primary entry book in which, upon payment of the
entry fee, he shall enter, in the order of their reception, all
instruments
including copies of writs and processes filed
with
him relating to registered land. He shall, as a preliminary process in
registration, note in such book the date, hour and minute of reception
of all instruments, in the order in which they were received. They
shall
be regarded as registered from the time so noted,
and the memorandum of each instrument, when made on the certificate of
title to which it refers, shall bear the same date: Provided,
That
the national government as well as the provincial and city governments
shall be exempt from the payment of such fees
in advance in order to be entitled to entry and registration.
Every
deed or other instrument, whether voluntary or involuntary, so filed
with
the Register of Deeds shall be numbered and indexed and endorsed with a
reference to the proper certificate of title. All records and papers
relative
to registered land in the office
of the Register of Deeds shall be open to the public in the same manner
as court records, subject to such reasonable regulations as the
Register
of Deeds, under the direction of the Commissioner of Land Registration,
may prescribe.
All
deeds and voluntary instruments shall be presented with their
respective
copies and shall be attested and sealed by the Register of Deeds,
endorsed
with the file number, and copies may be delivered to the person
presenting
them. chan
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Certified
copies of all instruments filed and registered may also be obtained
from
the Register of Deeds upon payment of the prescribed fees.
(A)
CONVEYANCES AND TRANSFERS
Sec.
57. Procedure in registration of conveyances. - An owner
desiring
to convey his registered land in fee simple shall execute and register
a deed of conveyance in a form sufficient in law. The Register of Deeds
shall thereafter make out in the registration
book
a new certificate of title to the grantee and shall prepare and deliver
to him an owner's duplicate certificate. The Register of Deeds shall
note
upon the original and duplicate certificate the date of transfer, the
volume
and page of the registration book in which the new certificate is
registered
and a reference by number to the last preceding certificate. The
original
and the owner's duplicate of the grantor's certificate shall be stamped
"cancelled". The deed of conveyance shall be filled and indorsed
with the number and the place of registration of the certificate of
title
of the land conveyed.
Sec.
58. Procedure where conveyance involves portion of land. -
If a deed or conveyance is for a part only of the land described in a
certificate
of title, the Register of Deeds shall not enter any transfer
certificate
to the grantee until a plan of such land showing
all
the portions or lots into which it has been subdivided and the
corresponding
technical descriptions shall have been verified and approved pursuant
to
Section 50 of this Decree. Meanwhile, such deed may only be annotated
by
way of memorandum upon the grantor's certificate of title, original and
duplicate, said memorandum to serve as a notice to third persons of the
fact that certain unsegregated portion of the land described therein
has
been conveyed, and every certificate with such memorandum shall be
effectual
for the purpose of showing the grantee's title to the portion conveyed
to him, pending the actual issuance of the corresponding certificate in
his name. Upon
the approval of the plan and technical descriptions, the original of
the
plan, together with a certified copy of the technical descriptions
shall
be filed with the Register of Deeds for annotation in the corresponding
certificate of title and thereupon said officer shall issue a new
certificate
of title to the grantee for the portion conveyed, and at the same time
cancel the grantor's certificate partially with respect only to said
portion
conveyed, or, if the grantor so desires, his certificate may be
cancelled
totally and
a new one issued to him describing therein the remaining portion: Provided,
however, That pending approval of said plan, no further
registration
or annotation of any subsequent deed or other voluntary instrument
involving
the unsegregated portion conveyed
shall be effected by the Register of Deeds, except where such
unsegregated
portion was purchased from the Government or any of its
instrumentalities.
If the land has been subdivided into several lots, designated by
numbers
or letters, the Register
of Deeds may, if desired by the grantor, instead of cancelling the
latter's
certificate and issuing a new one to the same for the remaining
unconveyed
lots, enter on said certificate and on its owner's duplicate a
memorandum
of such deed of conveyance and of the issuance of the transfer
certificate
to the grantee for the lot or lots thus conveyed, and that the
grantor's
certificate is cancelled as to such lot or lots.
Sec.
59. Carry over of encumbrances. - If, at the time of any
transfer,
subsisting encumbrances or annotations appear in the registration book,
they shall be carried over and stated in the new certificate or
certificates;
except so far as they may be simultaneously
released or discharged.
(B)
MORTGAGES AND LEASES
Sec.
60. Mortgage or lease of registered land. - Mortgage and
leases
shall be registered in the manner provided in Section 54 of this
Decree.
The owner of registered land may mortgage or lease it by executing the
deed in a form sufficient in law. Such deed of
mortgage or lease and all instruments which assign, extend, discharge
or
otherwise deal with the mortgage or lease shall be registered, and
shall
take effect upon the title only from time of registration.
No
mortgagee's or lessee's duplicate certificate of title shall hereafter
be issued by the Registers of Deeds, and those issued prior to the
effectivity
of this Decree are hereby deemed cancelled and the holders thereof
shall
immediately surrender the same to the Register
of Deeds concerned.
Sec.
61. Registration. - Upon presentation for registration of
the deed of mortgage or lease together with the owner's duplicate, the
Register of Deeds shall enter upon the original of the certificate of
title
and also upon the owner's duplicate certificate a
memorandum
thereof, the date and time of filing and the file number assigned to
the
deed, and shall sign the said memorandum. He shall also note on the
deed
the date and time of filing and a reference to the volume and page of
the
registration book in which it
is registered.
Sec.
62. Discharge or cancellation. - A mortgage or lease on
registered
land may be discharge or cancelled by means of an instrument executed
by
the mortgage or lessee in a form sufficient in law, which shall be
filed
with the Register of Deeds who shall
make the appropriate memorandum upon the certificate of title.
Sec.
63. Foreclosure of Mortgage. - (a) If the mortgage was
foreclosed
judicially, a certified copy of the final order of the court confirming
the sale shall be registered with the Register of Deeds. If no right of
redemption exists, the certificate of title of the
mortgagor
shall be cancelled, and a new certificate issued in the name of the
purchaser.
Where
the right of redemption exists, the certificate of title of the
mortgagor
shall not be cancelled, but the certificate of sale and the order
confirming
the sale shall be registered by a brief memorandum thereof made by the
Register of Deeds upon the certificate
of title. In the event the property is redeemed, the certificate or
deed
of redemption shall be filed with the Register of Deeds, and a brief
memorandum
thereof shall be made by the Register of Deeds on the certificate of
title
of the mortgagor.
If
the property is not redeemed, the final deed of sale executed by the
sheriff
in favor of the purchaser at a foreclosure sale shall be registered
with
the Register of Deeds; whereupon the title of the mortgagor shall be
cancelled,
and a new certificate issued in the
name of the purchaser.
(b)
If the mortgage was foreclosed extrajudicially, a certificate of sale
executed
by the officer who conducted the sale shall be filed with the Register
of Deeds who shall make a brief memorandum thereof on the certificate
of
title. In the event of redemption by the mortgagor, the same rule
provided
for in the second paragraph of this section shall apply. In case of
non-redemption,
the purchaser at foreclosure sale shall file with the Register of
Deeds,
either a final deed of sale executed by the person authorized by virtue
of the power of attorney embodied in the deed of mortgage, or his sworn
statement attesting
to the fact of non-redemption; whereupon, the Register of Deeds shall
issue
a new certificate in favor of the purchaser after the owner's duplicate
of the certificate has been previously delivered and cancelled.
(C)
POWERS OF ATTORNEY; TRUSTS
Sec.
64. Power of attorney. - Any person may, by power of
attorney,
convey or otherwise deal with registered land and the same shall be
registered
with the Register of Deeds of the province or city where the land lies.
Any instrument revoking such power of attorney
shall be registered in like manner.
Sec.
65. Trusts in registered land. - If a deed or other
instrument
is filed in order to transfer registered land in trust, or upon any
equitable
condition or limitation expressed therein, or to create or declare a
trust
or other equitable interests in such land without
transfer,
the particulars of the trust, condition, limitation or other equitable
interest shall not be entered on the certificate; but only a memorandum
thereof shall be entered by the words "in trust," or "upon
condition,"
or other apt words, and by a reference by number
to the instrument authorizing or creating the same. A similar
memorandum
shall be made upon the original instrument creating or declaring the
trust
or other equitable interest with a reference by number to the
certificate
of title to which it relates and to the volume and page in the
registration
book in which it is registered.
Sec.
66. Trust with power of sale, etc., how expressed. - If
the
instrument creating or declaring a trust or other equitable interest
contains
an express power to sell, mortgage or deal with the land in any manner,
such power shall be stated in the certificate of
title
by the words "with power to sell," or "power to mortgage,"
or by apt words of description in case of other powers. No instrument
which
transfers, mortgages or in any way deals with registered land in trust
shall be registered, unless the enabling power
thereto is expressly conferred in the trust instrument, or unless a
final
judgment or order of a court of competent jurisdiction has construed
the
instrument in favor of the power, in which case a certified copy of
such
judgment or order may be registered.
Sec.
67. Judicial appointment of new trustee. - If a new
trustee
of registered land is appointed by a court of competent jurisdiction, a
new certificate may be issued to him upon presentation to the Register
of Deeds of a certified copy of the order or judicial
appointment and the surrender for cancellation of the duplicate
certificate.
Sec.
68. Implied trusts, how established. - Whoever claims an
interest
in registered land by reason of any implied or constructive trust shall
file for registration with the Register of Deeds a sworn statement
thereof
containing a description of the land, the name of the registered owner
and a reference to the number of the certificate of title. Such claim
shall
not affect the title of a purchaser for value and in good faith before
its registration.
II.
INVOLUNTARY DEALINGS
Sec.
69. Attachments. - An attachment, or a copy of any writ,
order
or process issued by a court of record, intended to create or preserve
any lien, status, right, or attachment upon registered land, shall be
filed
and registered in the Registry of Deeds for the
province
or city in which the land lies, and, in addition to the particulars
required
in such papers for registration, shall contain a reference to the
number
of the certificate of title to be affected and the registered owner or
owners thereof, and also if the attachment,
order, process or lien is not claimed on all the land in any
certificate
of title a description sufficiently accurate for identification of the
land or interest intended to be affected. A restraining order,
injunction
or mandamus issued by the court shall be
entered and registered on the certificate of title affected, free of
charge.
Sec.
70. Adverse claim. - Whoever claims any part or interest
in
registered land adverse to the registered owner, arising subsequent to
the date of the original registration, may, if no other provision is
made
in this Decree for registering the same, make
a
statement in writing setting forth fully his alleged right or interest,
and how or under whom acquired, a reference to the number of the
certificate
of title of the registered owner, the name of the registered owner, and
a description of the land in which the right or interest is claimed.
The
statement shall be signed and sworn to, and shall state the adverse
claimant's
residence, and a place at which all notices may be served upon him.
This
statement shall be entitled to registration as an adverse claim on the
certificate of title. The adverse claim shall be effective for a period
of thirty days from the date of registration. After the lapse of said
period,
the annotation of adverse claim may be cancelled upon filing of a
verified
petition therefor by the party in interest: Provided, however, that
after
cancellation, no second adverse claim based on the same ground shall be
registered by the same claimant.
Before
the lapse of thirty days aforesaid, any party in interest may file a
petition
in the Court of First Instance where the land is situated for the
cancellation
of the adverse claim, and the court shall grant a speedy hearing upon
the
question of the validity of such
adverse claim, and shall render judgment as may be just and equitable.
If the adverse claim is adjudged to be invalid, the registration
thereof
shall be ordered cancelled. If, in any case, the court, after notice
and
hearing, shall find that the adverse claim thus registered was
frivolous,
it may fine the claimant in an amount not less than one thousand pesos
nor more than five thousand pesos, in its discretion. Before the lapse
of thirty days, the claimant may withdraw his adverse claim by filing
with
the Register of Deeds a sworn petition to that effect.
Sec.
71. Surrender of certificate in involuntary dealings. -
If
an attachment or other lien in the nature of involuntary dealing in
registered
land is registered, and the duplicate certificate is not presented at
the
time of registration, the Register of Deeds shall, within thirty-six
hours
thereafter, send notice by mail to the registered owner, stating that
such
paper has been registered, and requesting him to send or produce his
duplicate
certificate so that a memorandum of the attachment or other lien may be
made thereon. If the owner neglects or refuses to comply within a
reasonable
time, the Register of Deeds shall report the matter to the court, and
it
shall, after notice, enter an order to the owner, to produce his
certificate
at a time and place named therein, and may enforce the order by
suitable
process.
Sec.
72. Dissolution, etc. of attachments, etc. - Attachments
and
liens of every description upon registered land shall be continued,
reduced,
discharged and dissolved by any method sufficient in law, and to give
effect
to the continuance, reduction, discharge
or dissolution thereof the certificate or other instrument for that
purpose
shall be registered with the Register of Deeds.
Sec.
73. Registration of orders of court, etc. - If an
attachment
is continued, reduced, dissolved, or otherwise affected by an order,
decision
or judgment of the court where the action or proceedings in which said
attachment was made is pending or by an order
of a court having jurisdiction thereof, a certificate of the entry of
such
order, decision or judgment from the clerk of court or the judge by
which
such decision, order or judgment has been rendered and under the seal
of
the court, shall be entitled to be registered
upon presentation to the Register of Deeds.
Sec.
74. Enforcement of liens on registered land. - Whenever
registered
land is solved on execution, or taken or sold for taxes or for any
assessment
or to enforce a lien of any character, or for any costs and charges
incident
to such liens, any execution or copy of
execution, any officer's return, or any deed, demand, certificate, or
affidavit,
or other instrument made in the course of the proceedings to enforce
such
liens and required by law to be recorded, shall be filed with the
Register
of Deeds of the province or city
where the land lies and registered in the registration book, and a
memorandum
made upon the proper certificate of title in each case as lien or
encumbrance.
Sec.
75. Application for new certificate upon expiration of
redemption
period. - Upon the expiration of the time, if any, allowed by law
for
redemption after registered land has been sold on execution taken or
sold
for the enforcement of a lien of any description, except a mortgage
lien,
the purchaser at such sale or anyone claiming under him may petition
the
court for the entry of a new certificate of title to him.
Before
the entry of a new certificate of title, the registered owner may
pursue
all legal and equitable remedies to impeach or annul such proceedings.
Sec.
76. Notice of lis pendens. - No action to recover
possession
of real estate, or to quiet title thereto, or to remove clouds upon the
title thereof, or for partition, or other proceedings of any kind in
court
directly affecting the title to land or the use or occupation thereof
or
the buildings thereon, and no judgment, and no proceeding to vacate or
reverse any judgment, shall have any effect upon registered land as
against
persons other than the parties thereto, unless a memorandum or notice
stating
the institution of such action or proceeding and the court wherein the
same is pending, as well as the date of the institution thereof,
together
with a reference to the number of the certificate of title, and an
adequate
description of the land affected and the registered owner thereof,
shall
have been filed and registered.
Sec.
77. Cancellation of lis pendens. - Before final
judgment,
a notice of lis pendens may be cancelled upon order of the court, after
proper showing that the notice is for the purpose of molesting the
adverse
party, or that it is not necessary to protect the
rights
of the party who caused it to be registered. It may also be cancelled
by
the Register of Deeds upon verified petition of the party who caused
the
registration thereof.
At
any time after final judgment in favor of the defendant, or other
disposition
of the action such as to terminate finally all rights of the plaintiff
in and to the land and/or buildings involved, in any case in which a
memorandum
or notice of lis pendens has been registered as provided in the
preceding
section, the notice of lis pendens shall be deemed cancelled upon the
registration
of a certificate of the clerk of court in which the action or
proceeding
was pending stating the manner of disposal thereof.
CHAPTER
VI
REGISTRATION
OF JUDGMENTS; ORDERS; PARTITIONS
Sec.
78. Judgment for Plaintiff. - Whenever in any action to
recover
possession or ownership of real estate or any interest therein
affecting
registered land judgment is entered for the plaintiff, such judgment
shall
be entitled to registration on presentation of a certificate of the
entry
thereof from the clerk of court where the action is pending to the
Register
of Deeds for the province or city where the land lies, who shall enter
a memorandum upon the certificate of title of the land to which such
judgment
relates. If the judgment does not apply to all the land described in
the
certificate of title, the certificate of the clerk of the court where
the
action is pending and the memorandum entered by the Register of Deeds
shall
contain a description of the land affected by the judgment.
chan
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virtual law library
Sec.
79. Judgment adjudicating ownership. - When in any action
to recover the ownership of real estate or an interest therein
execution
has been issued in favor of the plaintiff, the latter shall be entitled
to the entry of a new certificate of title and to the
cancellation
of the original certificate and owner's duplicate of the former
registered
owner. If the registered owner neglects or refuses within a reasonable
time after request of the plaintiff to produce his duplicate
certificate
in order that the same may be cancelled,
the court shall, on application and after notice, enter an order to the
owner to produce his certificate at the time and place designated, and
may enforce the order by suitable process.
Sec.
80. Execution of deed by virtue of judgment. - Every
court
rendering judgment in favor of the plaintiff affecting registered land
shall, upon petition of said plaintiff, order and parties before it to
execute for registration any deed or instrument necessary to
give
effect to the judgment, and shall require the registered owner to
deliver
his duplicate certificate to the plaintiff or to the Register of Deeds
to be cancelled or to have a memorandum annotated upon it. In case the
person required to execute any deed or other instrument necessary to
give
effect to the judgment is absent from the Philippines, or is a minor,
or
insane, or for any reason not amenable to the process of the court
rendering
the judgment, said court may appoint a suitable person as trustee to
execute
such instrument which, when executed, shall be entitled to registration.
Sec.
81. Judgment of partition. - In proceedings for partition
of registered land, after the entry of the final judgment of partition,
a copy of such final judgment, certified by the clerk of the court
rendering
the same, shall be filed and registered; thereupon, if the land is set
of to the owners in severalty, each owner shall be entitled to have his
certificate entered showing the share set off to him in severalty, and
to receive an owner's duplicate thereof.
If
the land is ordered by the court to be sold, the purchaser or his
assigns
shall be entitled to certificate of title entered in his or their favor
upon presenting a certified copy of the judgment confirming the
sale.
In case the land is ordered by the court to be assigned to one of the
parties
upon payment to the others of the sum ordered by the
court,
the party to whom the land is thus assigned shall be entitled to have a
certificate of title entered in his favor upon presenting a certified
copy
of the judgment: Provided, however, That any new certificate
entered
in pursuance of partition proceedings, whether
by way of set-off or of assignment or of sale, shall contain a
reference
memorandum to the final judgment of partition, and shall be conclusive
as to the title to the same extent and against the same persons as such
judgment is made conclusive by the laws applicable thereto: and,
Provided,
further, That any person holding such certificate of title or a
transfer
thereof shall have the right to petition the court at any time to
cancel
the memorandum relating to such judgment or order and the court, after
notice and hearing, may grant the petition. Such certificate shall
thereafter
be conclusive in the same manner and to the same extent as other
certificates
of title.
Sec.
82. Registration of prior registered mortgaged or lease on
partitioned
property. - If a certified copy of a final judgment or decree of
partition
is presented and it appears that a mortgage or lease affecting a
specific
portion or an undivided share of the premises
had previously been registered, the Register of Deeds shall carry over
such encumbrance on the certificate of title that may be issued.
Sec.
83. Notice of insolvency. - Whenever proceeding in
bankruptcy
or insolvency, or analogous proceedings, are instituted against a
debtor
who owns registered land, it shall be the duty of the officer serving
the
notice of the institution of such proceedings on the debtor to file a
copy
thereof with the office of the Register of Deeds for the province or
city
where the land of the debtor lies. The assignee or trustee appointed by
the court in such proceedings shall be entitled to the entry of a new
certificate
of the registered land of the debtor or bankrupt, upon presenting and
filing
a certified copy of the assignment in insolvency or order or
adjudication
in bankruptcy with the insolvent's or bankrupt's duplicate certificate
of title; but the new certificate shall state that it is entered to him
as assignee in insolvency or trustee in bankruptcy or other
proceedings,
as the case may be. chan
robles virtual law library
Sec.
84. Judgment or order vacating insolvency proceedings. -
Whenever
any of the proceedings of the character named in the preceding section
against a registered owner, of which notice has been registered, is
vacated
by judgment, a certified copy of the judgment
or order may be registered. Where a new certificate has been entered in
the name of the assignee or trustee, such certificate shall be
surrendered
for cancellation and forthwith the debtor shall be entitled to the
entry
of a new certificate to him.
Sec.
85. Land taken by eminent domain. - Whenever any
registered
land, or interest therein, is expropriated or taken by eminent domain,
the National Government, province, city, municipality, or any other
agency
or instrumentality exercising such right shall file for registration in
the proper Registry a certified copy of the judgment which shall state
definitely, by an adequate description, the particular property or
interest
expropriated, the number of the certificate of title, and the nature of
the public use. A memorandum of the right or interest taken shall be
made
on each certificate of title by the Register of Deeds, and where the
fee
simple title is taken, a new certificate shall be issued in favor of
the
National Government, province, city, municipality, or any other agency
or instrumentality exercising such right for the land so taken. The
legal
expenses incident to the memorandum of registration or issuances
incident
to the memorandum of registration or issuance of a new certificate
shall
be for the account of the authority taking the land or interest therein.
Sec.
86. Extrajudicial settlement of estate. - When a deed of
extrajudicial
settlement has been duly registered, the Register of Deeds shall
annotate
on the proper title the two-year lien mentioned in Section 4 of Rule 74
of the Rules of
Court.
Upon the expiration
of the two-year period and presentation of a verified petition by the
registered
heirs, devisees or legatees or any other party in interest that no
claim
or claims of any creditor, heir or other person exist, the Register of
Deeds shall cancel the two-year lien noted on the title without the
necessity
of a court order. The verified petition shall be entered in the Primary
Entry Book and a memorandum thereof made on the title.
No
deed of extrajudicial settlement or affidavit of adjudication shall be
registered unless the fact of extrajudicial settlement or adjudication
is published once a week for three consecutive weeks in a newspaper of
general circulation in the province and proof
thereof
is filed with the Register of Deeds. The proof may consist of the
certification
of the publisher, printer, his foreman or principal clerk, or of the
editor,
business or advertising manager of the newspaper concerned, or a copy
of
each week's issue of the
newspaper wherein the publication appeared.
Sec.
87. Filing of letters of administration and will. -
Before
the executor or administrator of the estate of a deceased owner of
registered
land may deal with the same, he shall file with the office of the
Register
of Deeds a certified copy of his letters of administration or if there
is a will, a certified copy thereof and the order allowing the same,
together
with the letters testamentary or of administration with the will
annexed,
as the case may be, and shall produce the duplicate certificate of
title,
and thereupon the Register of Deeds shall enter upon the certificate a
memorandum thereof, making reference to the letters and/or will by
their
file number, and the date of filing the same.
Sec.
88. Dealings by administering subject to court approval. -
After a memorandum of the will, if any, and order allowing the same,
and
letters testamentary or letters of administration have been entered
upon
the certificate of title as hereinabove provided,
the
executor or administrator may alienate or encumber registered land
belonging
to the estate, or any interest therein, upon approval of the court
obtained
as provided by the Rules
of Court.
Sec.
89. Land devised to executor. - When it appears by will,
a
certified copy of which with letters testamentary had already been
filed
as provided in this Decree, that registered land is devised to the
executor
to his own use, or upon some trust, the executor
may have the land transferred to himself upon the register in like
manner
and subject to like terms and conditions and to like rights as in the
case
of a transfer pursuant to a deed filed in the office of the Register of
Deeds.
Sec.
90. When executor empowered by will to sell, etc. - When
the
will of a deceased owner of registered lands, or an interest therein,
empowers
the executor to sell, convey, encumber, charge or otherwise deal with
the
land, a certified copy of the will and letters
testamentary being filed as provided in this Decree, such executor may
sell, convey, encumber, charge or otherwise deal with the land pursuant
to the power in like manner as if he were registered owner, subject to
the terms and conditions and limitations
expressed in the will.
Sec.
91. Transfer in anticipation of final distribution. -
Whenever
the court having jurisdiction of the testate or intestate proceedings
directs
the executor or administrator to take over and transfer to the devisees
or heirs, or any of them, in anticipation of
final distribution a portion or the whole of the registered land to
which
they might be entitled on final distribution, upon the filing of a
certified
copy of such order in the office of the Register of Deeds, the executor
or administratory may cause such transfer to be made upon the register
in like manner as in case of a sale, and upon the presentation of the
owner's
duplicate certificate to the Register of Deeds, the devisees or heirs
concerned
shall be entitled to the issuance of the corresponding certificates of
title.
Sec.
92. Registration of final distribution of estate. - A
certified
copy of the partition and distribution, together with the final
judgment
or order of the court approving the same or otherwise making final
distribution,
supported by evidence of payment of estate
tax or exemption therefrom, as the case may be, shall be filed with the
Register of Deeds, and upon the presentation of the owner's duplicate
certificate
of title, new certificates of title shall be issued to the parties
severally
entitled thereto in accordance with the approved partition and
distribution.
CHAPTER
VII
ASSURANCE
FUND
Sec.
93. Contribution to Assurance Fund. - Upon the entry of
a
certificate of title in the name of the registered owner, and also upon
the original registration on the certificate of title of a building or
other improvements on the land covered by said certificate,
as
well as upon the entry of a certificate pursuant to any subsequent
transfer
of registered land, there shall be paid to the Register of Deeds
one-fourth
of one per cent of the assessed value of the real estate on the basis
of
the last assessment for taxation purposes,
as contribution to the Assurance Fund. Where the land involved has not
yet been assessed for taxation, its value for purposes of this decree
shall
be determined by the sworn declaration of two disinterested persons to
the effect that the value fixed by
them is to their knowledge, a fair valuation.
Nothing
in this section shall in any way preclude the court from increasing the
valuation of the property should it appear during the hearing that the
value stated is too small.
Sec.
94. Custody and investment of fund. - All money received
by
the Register of Deeds under the preceding section shall be paid to the
National Treasurer. He shall keep this money in an Assurance Fund which
may be invested in the manner and form authorized
by law, and shall report annually to the Commissioner of the Budget the
condition and income thereof.
The
income of the Assurance Fund shall be added to the principal until said
fund amounts to five hundred thousand pesos, in which event the excess
income from investments as well as from the collections of such fund
shall
be paid into the National Treasury to the account of the Assurance Fund.
Sec.
95. Action for compensation from funds. - A person who,
without
negligence on his part, sustains loss or damage, or is deprived of land
or any estate or interest therein in consequence of the bringing of the
land under the operation of the Torrens System of arising after
original
registration of land, through fraud or in consequence of any error,
omission,
mistake or misdescription in any certificate of title or in any entry
or
memorandum in the registration book, and who by the provisions of this
Decree
is barred or otherwise precluded under the provision of any law from
bringing
an action for the recovery of such land or the estate or interest
therein,
may bring an action in any court of competent jurisdiction for the
recovery
of damages to be paid out of
the Assurance Fund.
Sec.
96. Against whom action filed. - If such action is
brought
to recover for loss or damage or for deprivation of land or of any
estate
or interest therein arising wholly through fraud, negligence, omission,
mistake or misfeasance of the court personnel,
Register
of Deeds, his deputy, or other employees of the Registry in the
performance
of their respective duties, the action shall be brought against the
Register
of Deeds of the province or city where the land is situated and the
National
Treasurer as defendants. But
if such action is brought to recover for loss or damage or for
deprivation
of land or of any interest therein arising through fraud, negligence,
omission,
mistake or misfeasance of person other than court personnel, the
Register
of Deeds, his deputy or other
employees of the Registry, such action shall be brought against the
Register
of Deeds, the National Treasurer and other person or persons, as
co-defendants.
It shall be the duty of the Solicitor General in person or by
representative
to appear and to defend
all such suits with the aid of the fiscal of the province or city where
the land lies: Provided, however, that nothing in this Decree
shall
be construed to deprive the plaintiff of any right of action which he
may
have against any person for such loss or damage
or deprivation without joining the National Treasurer as party
defendant.
In every action filed against the Assurance Fund, the court shall
consider
the report of the Commissioner of Land Registration.
Sec.
97. Judgment, how satisfied. - If there are defendants
other
than the National Treasurer and the Register of Deeds and judgment is
entered
for the plaintiff and against the National Treasury, the Register of
Deeds
and any of the other defendants, execution
shall first issue against such defendants other than the National and
the
Register of Deeds. If the execution is returned unsatisfied in whole or
in part, and the officer returning the same certificates that the
amount
due cannot be collected from the land or personal property of such
other
defendants, only then shall the court, upon proper showing, order the
amount
of the execution and costs, or so much thereof as remains unpaid, to be
paid by the National treasurer out of the Assurance Fund. In an
action
under this Decree, the plaintiff cannot recover as compensation more
than
the fair market value of the land at the time he suffered the loss,
damage,
or deprivation thereof.
Sec.
98. General Fund, when liable. - If at any time the
Assurance
Fund is not sufficient to satisfy such judgment, the National Treasurer
shall make up for the deficiency from any funds available in the
treasury
not otherwise appropriated.
Sec.
99. Subrogation of government to plaintiff's rights. -
In
every case where payment has been made by the National Treasurer in
accordance
with the provisions of this Decree, the Government of the Republic of
the
Philippines shall be subrogated to the rights
of the plaintiff against any other parties or securities. The National
Treasurer shall enforce said rights and the amount recovered shall be
paid
to the account of the Assurance Fund.
Sec.
100. Register of Deeds as party in interest. - When it
appears
that the Assurance Fund may be liable for damages that may be incurred
due to the unlawful or erroneous issuance of a certificate of title,
the
Register of Deeds concerned shall be deemed a
proper
party in interest who shall, upon authority of the Commissioner of Land
Registration, file the necessary action in court to annul or amend the
title. The
court may order the Register of Deeds to amend or cancel a certificate
of title or to do any other act as may be just and equitable.
Sec.
101. Losses not recoverable. - The Assurance Fund shall
not
be liable for any loss, damage or deprivation caused or occasioned by a
breach of trust, whether express, implied or constructive or by any
mistake
in the resurvey or subdivision of registered
land resulting in the expansion of area in the certificate of title.
Sec.
102. Limitation of Action. - Any action for compensation
against
the Assurance Fund by reason of any loss, damage or deprivation of land
or any interest therein shall be instituted within a period of six
years
from the time the right to bring such action first
occurred: Provided, That the right of action herein provided
shall
survive to the legal representative of the person sustaining loss or
damage,
unless barred in his lifetime; and, Provided, further, That if
at
the time such right of action first accrued the person entitled to
bring
such action was a minor or insane or imprisoned, or otherwise under
legal
disability, such person or anyone claiming from, by or under him may
bring
the proper action at any time within two years after such disability
has
been removed, notwithstanding
the expiration of the original period of six years first above provided.
CHAPTER
VIII
REGISTRATION
OF PATENTS
Sec.
103. Certificates of title pursuant to patents. -
Whenever
public land is by the Government alienated, granted or conveyed to any
person, the same shall be brought forthwith under the operation of this
Decree. It shall be the duty of the official issuing the instrument of
alienation, grant, patent or conveyance in behalf of the Government to
cause such instrument to be filed with the Register of Deeds of the
province
or city where the land lies, and to be there registered like other
deeds
and conveyance, whereupon
a certificate of title shall be entered as in other cases of registered
land, and an owner's duplicate issued to the grantee. The deed, grant,
patent or instrument of conveyance from the Government to the grantee
shall
not take effect as a
conveyance
or bind the land but shall operate only as a contract between the
Government
and the grantee and as evidence of authority to the Register of Deeds
to
make registration. It is the act of registration that shall be the
operative
act to affect and convey the land, and in all cases under this Decree,
registration shall be made in the office of the Register of Deeds of
the
province or city where the land lies. The fees for registration shall
be
paid by the grantee. After due registration and issuance of
the
certificate of title, such land shall be deemed to be registered land
to
all intents and purposes under this Decree.
CHAPTER
IX
CERTIFICATE
OF LAND TRANSFER, EMANCIPATION
PATENT,
AFFIDAVIT OF NON-TENANCY
Sec.
104. Provisional Register of Documents. - The Department
of
Agrarian Reform shall prepare by automate data processing a special
registry
book to be known as the "Provisional Register of Documents issued
under
P. D. 27" which shall be kept and maintained
in every Registry of Deeds throughout the country. Said Registry Book
shall
be a register of: chan
robles virtual law library
a.
All Certificates of Land Transfer (CLT) issued pursuant to P. D. No.
27;
and
b.
All subsequent transactions affecting Certificates of Land Transfer
such
as adjustments, transfer, duplication and cancellations of erroneous
Certificates
of Land Transfer.
Sec.
105. Certificates of Land Transfer Emancipation Patents.
-
The Department of Agrarian Reform shall pursuant to P. D. No. 27 issue
in duplicate, a Certificate of Land Transfer for every land brought
under
"Operation Land Transfer", the original of which
shall
be kept by the tenant-farmer and the duplicate, in the Registry of
Deeds.
After
the tenant-farmer shall have fully complied with the requirements for a
grant of title under P.D. No. 27, an Emancipation Patent which may
cover
previously titled or untitled property shall be issued by the
Department
of Agrarian Reform.
The
Register of Deeds shall complete the entries on the aforementioned
Emancipation
Patent and shall assign an original certificate of title number in case
of unregistered land, and in case of registered property, shall issue
the
corresponding transfer certificate
of title without requiring the surrender of the owner's duplicate of
the
title to be cancelled.
In
case of death of the grantee, the Department of Agrarian Reform shall
determine
his heirs or successors-in-interest and shall notify the Register of
Deeds
accordingly. In
case of subsequent transfer of property covered by an Emancipation
Patent
or a Certificate of Title emanating from an Emancipation Patent, the
Register
of Deeds shall affect the transfer only upon receipt of the supporting
papers from the
Department
of Agrarian Reform.
No
fee, premium, of tax of any kind shall be charged or imposed in
connection
with the issuance of an original Emancipation Patent and for the
registration
or related documents.
Sec.
106. Sale of agricultural land; affidavit. - No
voluntary
deed or instrument purporting to be a subdivision, mortgage, lease,
sale
or any other mode of encumbrance or conveyance of private agricultural
land principally devoted to rice or corn or any
portion
thereof shall be registered unless accompanied by an affidavit of the
vendor
or executor stating that the land involved is not tenanted, or if
tenanted,
the same is not primarily devoted to the production of rice and/or corn.
If
only a portion of the land is primarily devoted to the production of
rice
and/or corn, and such area so devoted is tenanted, no such deed or
instrument
shall be registered unless accompanied by an affidavit stating the area
(size) of the portion which is tenanted
and primarily devoted to rice and/or corn, and stating further that the
deed or instrument covers only the untenanted portion or that which is
not primarily devoted to the production of rice and/or corn. A
memorandum
of said affidavit shall be annotated
on the certificate of title. The Register of Deeds shall cause a copy
of
the registered deed or instrument, together with the affidavit, to be
furnished
the Department of Agrarian Reform Regional Office where the land is
located.
The affidavit
provided
in this section shall not be required in the case of a tenant-farmer
who
deals with his Certificate of Land Transfer or Emancipation Patent in
accordance
with law.
CHAPTER
X
PETITIONS
AND ACTIONS AFTER ORIGINAL REGISTRATION
Sec.
107. Surrender of withhold duplicate certificates. - Where
it is necessary to issue a new certificate of title pursuant to any
involuntary
instrument which divests the title of the registered owner against his
consent or where a voluntary instrument cannot
be
registered by reason of the refusal or failure of the holder to
surrender
the owner's duplicate certificate of title, the party in interest may
file
a petition in court to compel surrender of the same to the Register of
Deeds. The court, after hearing, may order the
registered owner or any person withholding the duplicate certificate to
surrender the same, and direct the entry of a new certificate or
memorandum
upon such surrender. If the person withholding the duplicate
certificate
is not amenable to the process of
the court, or if not any reason the outstanding owner's duplicate
certificate
cannot be delivered, the court may order the annulment of the same as
well
as the issuance of a new certificate of title in lieu thereof.
Such
new certificate and all duplicates thereof
shall contain a memorandum of the annulment of the outstanding
duplicate.
Sec.
108. Amendment and alteration of certificates. - No
erasure,
alteration, or amendment shall be made upon the registration book after
the entry of a certificate of title or of a memorandum thereon and the
attestation of the same be Register of Deeds,
except
by order of the proper Court of First Instance. A registered owner of
other
person having an interest in registered property, or, in proper cases,
the Register of Deeds with the approval of the Commissioner of Land
Registration,
may apply by petition to the
court upon the ground that the registered interests of any description,
whether vested, contingent, expectant or inchoate appearing on the
certificate,
have terminated and ceased; or that new interest not appearing upon the
certificate have arisen or been
created; or that an omission or error was made in entering a
certificate
or any memorandum thereon, or, on any duplicate certificate; or that
the
same or any person on the certificate has been changed; or that the
registered
owner has married, or, if registered
as married, that the marriage has been terminated and no right or
interests
of heirs or creditors will thereby be affected; or that a corporation
which
owned registered land and has been dissolved has not convened the same
within three years after its dissolution; or upon any other reasonable
ground; and the court may hear and determine the petition after notice
to all parties in interest, and may order the entry or cancellation of
a new certificate, the entry or cancellation of a memorandum upon a
certificate,
or grant any other relief upon such terms and conditions, requiring
security
or bond if necessary, as it may consider proper; Provided, however,
That this section shall not be construed to give the court
authority
to reopen the judgment or decree of registration,
and that nothing shall be done or ordered by the court which shall
impair
the title or other interest of a purchaser holding a certificate for
value
and in good faith, or his heirs and assigns, without his or their
written
consent. Where the owner's
duplicate
certificate is not presented, a similar petition may be filed as
provided
in the preceding section.
All
petitions or motions filed under this Section as well as under any
other
provision of this Decree after original registration shall be filed and
entitled in the original case in which the decree or registration was
entered.
Sec.
109. Notice and replacement of lost duplicate certificate.
- In case of loss or theft of an owner's duplicate certificate of
title,
due notice under oath shall be sent by the owner or by someone in his
behalf
to the Register of Deeds of the province or city
where
the land lies as soon as the loss or theft is discovered. If a
duplicate
certificate is lost or destroyed, or cannot be produced by a person
applying
for the entry of a new certificate to him or for the registration of
any
instrument, a sworn statement of the fact
of such loss or destruction may be filed by the registered owner or
other
person in interest and registered.
Upon
the petition of the registered owner or other person in interest, the
court
may, after notice and due hearing, direct the issuance of a new
duplicate
certificate, which shall contain a memorandum of the fact that it is
issued
in place of the lost duplicate certificate,
but shall in all respects be entitled to like faith and credit as the
original
duplicate, and shall thereafter be regarded as such for all purposes of
this decree.
Sec.
110. Reconstitution of lost or destroyed original of Torrens
Title.
- Original copies of certificates of title lost or destroyed in the
offices
of Register of Deeds as well as liens and encumbrances affecting the
lands
covered by such titles shall be reconstituted judicially in accordance
with the procedure prescribed in Republic Act No. 26 insofar as not
inconsistent
with this Decree. The procedure relative to administrative
reconstitution
of lost or destroyed certificate prescribed in said Act is hereby
abrogated.
Notice
of all hearings of the petition for judicial reconstitution shall be
given
to the Register of Deeds of the place where the land is situated and to
the Commissioner of Land Registration. No order or judgment ordering
the
reconstitution of a certificate of title shall become final until the
lapse
of thirty days from receipt by the Register of Deeds and by the
Commissioner
of Land Registration of a notice of such order or judgment without any
appeal having been filed by any of such officials.
CHAPTER
XI
SCHEDULE
OF FEES: SPECIAL FUND
Sec.
111. Fees payable. - The fees payable to the Clerk of Court,
the
Sheriff, the Register of Deeds and the Land Registration Commission
shall
be as follows:
A.
Fees payable to the Clerk of Court. - The fees payable to the
clerk
of court or his deputies shall be as follows:
1.
For filing an application for the registration of land, the fees shall
be based on the assessed value of the property for the current year, in
accordance with the following schedule -
(a)
When the value of the property does not exceed two thousand pesos,
fifteen
pesos for the first five hundred pesos, or fractional part thereof, and
five pesos for each additional five hundred pesos, or fractional part
thereof.
(b)
When the value of the property does not exceed two thousand pesos but
does
not exceed ten thousand pesos, thirty five pesos for the first three
thousand
pesos, or fractional part thereof, and five pesos for each additional
one
thousand pesos, or fractional part thereof.
(c)
When the value of the property is more than ten thousand pesos but does
not exceed one hundred thousand pesos, eighty pesos for the first
twenty
thousand pesos, or fractional part thereof, and ten pesos for each
additional
ten thousand pesos, or
fractional
part thereof.
(d)
When the value of the property is more than one hundred thousand pesos
but does not exceed five hundred thousand pesos, one hundred eighty
pesos
for the first one hundred twenty-five thousand pesos, or fractional
part
thereof, and twenty pesos for
each
additional twenty-five thousand pesos, or fractional part thereof.
(e)
When the value of the property is more than five hundred thousand
pesos,
five hundred twenty pesos for the first five hundred fifty thousand
pesos,
or fractional part thereof, and forty pesos for each additional fifty
thousand
pesos, or fractional part thereof.
If
the property has not been assessed for taxation, the fees above
prescribed
shall be based on the current market value; and the applicant shall
file
with his application a sworn declaration of three disinterested persons
that the value fixed by him is to their knowledge a fair valuation.
2.
For filing a petition for review of judgment and decree, or other claim
adverse to the registered owner, for each petition, twenty pesos.
3.
For filing a petition after the decision has become final, twenty
pesos.
If it affects land decrees in more than one case, for each additional
case,
one peso. If it affects several lots or parcels of land in which the
petitioners
have no common interest, each of such petitioners shall pay the
corresponding
fees as if separate petitions had been filed by him.
B. Fees payable to the Sheriff. - The sheriff
shall collect fees
for
his services rendered in connection with land registration and
cadastral
proceedings as follows:
1.
For posting notices of initial hearing of land registration cases in
conspicuous
places on the lands described in the notice, for each parcel of land on
which a copy of such notice is posted, besides travel fees, three pesos.
2.
For posting notices of initial hearing of cadastral cases in
conspicuous
places on the lands included in the survey, for each group of one
hundred
lots on which a copy of the notice is posted, besides travel fees,
three
pesos.
3.
For posting one copy of a notice of initial hearing in a conspicuous
place
upon the municipal building of the city, municipality, or municipal
district
in which the land or portion thereof lies, besides travel fees, three
pesos.
4.
For serving notices upon cadastral claimants to appear before the
court,
travel fees only as provided in the Rules
of Court.
5.
For all other services not mentioned above, the same fees including
travel
fees as provided in the Rules
of Court for similar services.
C. Fees payable to the Register of Deeds. -
The Register of Deeds
shall
collect fees for all services rendered by him under this Decree in
accordance
with the following schedule:
1. Original certificate of title. - For the
entry of one
original certificate
of title and issuance of one owner's duplicate certificate, ten pesos
for
the first parcel of land described thereon and five pesos for each
additional
parcel.
2. Entry fee. - For each entry fee in the
primary entry book,
five
pesos.
3. Attachment, levy, etc. - For the
annotation of an
attachment, levy,
writ of execution, adverse claim, five pesos for each parcel of land
affected
thereby.
4. Lis Pendens, etc. - For the annotation of a
notice of lis
pendens,
or of any document or order in connection therewith, for each of land
affected
thereby, five pesos.
5. Release of encumbrance. - For the
annotation of a release of
any
encumbrance, except mortgage, lease, or other lien for the cancellation
of which a specific fee is prescribed herein, for each parcel of land
so
released, five pesos; but the total amount of fees to be collected
shall
not exceed the amount of fees paid for the registration of such
encumbrance.
6. Court Order. - For the annotation of an
order of the court
for the
amendment of, or the making of a memorandum on, a certificate of title,
except inclusion of buildings or improvements, or any order directing
the
registration of a document, or of any right or interest referred to in
said order, or the cancellation of a certificate of title and/or the
issuance
of a new one, ten pesos for each certificate of title on which the
annotation
is made, in addition to the fees prescribed under paragraphs sixteen or
seventeen, as the case may be, of this subsection, in the same are also
due for the registration of such document, right or interest.
7. Building. - For the annotation of an order
of the court for
the
inclusion of building and/or improvement in a certificate of title, ten
pesos for each certificate of title.
8. Powers of attorney, letters of administration,
appointment of
guardian,
resolution or revocation thereof. - For registering and filing a
power
of attorney, letters of administration or letters testamentary whether
or not accompanied by a copy of the testament, certificate of allowance
of a will with attested copy of the will annexed, appointment of
guardian
for a minor or incompetent person, appointment of receiver, trustee, or
administrator, articles of incorporation of any corporation,
association
or partnership, or resolution of its board of directors empowering an
officer
or member thereof to act in behalf of the same, twenty pesos; and for
the
annotation of such papers on certificates of title when required by
existing
laws or regulations, five pesos for each certificate of title so
annotated: Provided, however, that when the certificate of
allowance of
a will
and the letters testamentary or letters of administration are filed
together,
only one fee shall be collected. For registering an instrument of
revocation
of any of the paper mentioned above, five pesos, and if annotated on
the
corresponding certificate of title, three pesos for each certificate of
title.
9. Notice of tax lien, loss, etc. - For the
annotation of a
notice
of tax lien of any description notice of lost duplicate or copy of a
certificate
of title, order of the court declaring such duplicate or copy null and
void, notice of change of address, or the cancellation of any such
annotation,
for each certificate of title, five pesos.
10. Carry over of annotation. - For
transferring the memorandum
of an
encumbrance of any kind from one certificate of title which is
cancelled
to a new one in lieu thereof, for each memorandum thus transferred,
five
pesos.
11. Annotation on additional copy of title. -
For any memorandum
made
in a standing co-owner's copy of a certificate of title after a similar
memorandum has been made in the original thereof, of each certificate
of
title, five pesos.
12. No specific fee. - For any memorandum made
in a certificate
of title
for which no specific fee is prescribe above, for each certificate of
title,
five pesos.
13. Transfer to trustee, executor, administrator,
receiver. -
For the
issuance of a transfer certificate of title, including its duplicate,
to
a trustee, executor, administrator, or receiver, or for the
cancellation
of such certificate of title and issuance of a new one, including its
duplicate,
to the cestui que trust in case of trusteeship, ten pesos. If the
certificate
covers more than one parcel or lot, an additional fee of five pesos
shall
be collected for each additional parcel or lot.
14. Transfer certificate of title. - For the
issuance of a
transfer
certificate of title, including its duplicate, to a person other than
those
named in the next preceding paragraph, ten pesos, in addition to the
fees
hereinafter prescribed in paragraph sixteen or seventeen, as the case
may
be, of this subsection, if the same are also due. If the certificate
covers
more than one parcel or lot, an additional fee of five pesos shall be
collected
for each additional parcel or lot.
15. Additional copy of title. - For the
issuance of a new
owner's duplicate
or a co-owner's copy of a certificate of title, or any additional
duplicate
or copy thereof, ten pesos for the first page and five pesos for each
subsequent
page, or fraction thereof.
16.
Registration fee. - For the registration of a deed of sale,
conveyance,
transfer, exchange, partition, or donation; a deed of sale with pacto
de
retro, conditional sale, sheriff's sale at public auction, sale for
non-payment
of taxes, or any sale subject to redemption, or the repurchase or
redemption
of the property so sold; any instrument, order, judgment or decree
divesting
the title of the registered owner, except in favor of a trustee,
executor,
administrator or receiver; option to purchase or promise to sell; any
mortgage,
surety, bond, lease, easement, right-of-way, or other real right or
lien
created or constituted by virtue of a distinct contract or agreement,
and
not as an incidental condition of sale, transfer or conveyance; the
assignment,
enlargement, extension or novation of a mortgage or of any other real
right,
or a release of mortgage, termination of lease, or consolidation of
ownership
over a property sold with pacto de retro; where no specific fee is
prescribed
therefor in the preceding paragraphs, the fees shall be based on the
value
of the consideration in accordance with the following schedule:
(a) Six thousand pesos maximum. -When the
value of the
consideration
does not exceed six thousand pesos, seven pesos for the first five
hundred
pesos, or fractional part thereof, and three pesos for each additional
five hundred pesos, or fractional part thereof.
(b) Thirty thousand pesos maximum. - When the
value of the
consideration
is more than six thousand pesos but does not exceed thirty thousand
pesos,
or fractional part thereof, and eight pesos for each additional two
thousand
pesos, or fractional part thereof.
(c) One hundred thousand pesos maximum. - When
the value of
the consideration
is more than thirty thousand pesos but does not exceed one hundred
thousand
pesos, one hundred fifty pesos for the first thirty-five thousand
pesos,
or fractional part thereof, and fourteen pesos or each additional five
thousand pesos, or fractional part thereof.
(d) Five hundred thousand pesos maximum. -
When the value of
the consideration
is more than one hundred thousand pesos but does not exceed five
hundred
thousand pesos, three hundred fifty-two pesos for the first one hundred
ten thousand pesos, or fractional part thereof, and twenty pesos for
each
additional ten thousand pesos, or fractional part thereof.
(e) More than five hundred thousand pesos. -
When the value
of the consideration
is more than five hundred thousand pesos, one thousand one hundred
sixty-two
pesos for the first five hundred twenty thousand pesos, or fractional
part
thereof, and thirty pesos for each additional twenty thousand pesos, or
fractional part thereof.
17. Fees for specific transactions. - In the
following
transactions,
however, the basis of the fees collectible under paragraph sixteen of
this
subsection, whether or not the value of the consideration is stated in
the instrument, shall be as hereunder set forth:
(a)
Exchange. - In the exchange of real property the basis of the fees
to be paid by each party shall be the current assessed value of the
properties
acquired by one party from the other, in addition to the value of any
other
consideration, if any, stated in the
contract.
(b) Hereditary transfer. - In the transmission
of an
hereditary estate
without partition or subdivision of the property among the heirs,
devisees
or legatees, although with specification of the share of each in the
value
of the estate, the basis shall be the total
current
assessed value of the property thus transmitted.
(c) Partition of hereditary estate; Conjugal
property. - In
the partition
of an hereditary estate which is still in the name of the deceased, in
which determinate properties are adjudicated to each heir devisee or
legatee,
or to each group of heirs, devisees or legatees, the basis of the fees
to be paid by each person or group, as the case may be, shall be the
total
current assessed value of the properties thus adjudicated to each
person
or group. In the case, however, of conjugal property, the basis of the
fees for the registration of one-half thereof in the name of the
surviving
spouse shall be the total current assessed value of the properties
adjudicated
to said spouse.
(d) Subdivision or partition. - In the
partition of real
property held
in common by several registered co-owner's the basis of the fees to be
paid by each co-owner or group of co-owners shall be the total assessed
value of the property taken by each co-owner or group.
(e) Conveyance: several lots and parties. -
In the sale,
conveyance
or transfer of two or more parcels of land in favor of two or more
separate
parties but executed in one single instrument, the basis shall be the
total
selling price paid by each party-buyer, or, in the case of lump sum
consideration,
such portion thereof as apportioned in accordance with the assessed
value
of the respective land acquired by each party-buyer.
(f)
Conveyance of properties in different places. - In the sale,
conveyance,
or transfer of properties situated in different cities or provinces,
the
basis of the fees in each Registry of Deeds where the instrument is to
be registered shall be the total selling price of
the
properties situated in the respective city or province, or, in the case
of lump sum consideration, such portion thereof as obtained for those
properties
lying within the jurisdiction of the respective registry after
apportioning
the total consideration of the sale, conveyance or transfer in
accordance
with the current assessed value of such properties.
(g) Conveyance of mortgaged properties. - In
the sale,
conveyance, or
transfer of a mortgaged property, the basis shall be the selling price
of the property proper plus the full amount of the mortgage, or the
unpaid
balance thereof if the latter is stated in the instrument. If the
properties
are situated in different cities or provinces, the basis of the fees in
each Registry of Deeds where the instrument is to be registered shall
be
such sum as obtained for the properties situated in the respective city
or province after apportioning in accordance with the current assessed
values of said properties the total amount of consideration as above
computed,
unless the selling price of the properties in each city or province and
the proportionate share thereof in the amount of unpaid balance of the
mortgage are stated in the instrument, in which case, the aggregate of
such selling price and share shall be the basis. In any case, however,
where the aggregate value of the consideration as above computed shall
be less than the current assessed value of the properties in the city
or
province concerned, such assessed value shall be the basis of the fees
in the respective Registry.
(h) Mortgage of properties in different places. -
In a
mortgage affecting
properties situated in different cities or provinces, the basis of the
fees in each Registry of Deeds where the document is to be registered
shall
be such amount as obtained for the properties lying within the
jurisdiction
of said Registry after apportioning the total amount of the mortgage in
accordance with the current assessed value of such properties.
(i) Release of mortgage. - In the release of
a mortgage the
basis of
the fees shall be an amount equal to ten per centum of the total amount
of obligation secured by the mortgage. If the properties are situated
in
different cities or provinces, the basis of the fees in each Registry
shall
be ten per centum of such sum as obtained for the properties in the
respective
city or province after apportioning the amount of the mortgage in
accordance
with the current assessed values of such properties. In the case of a
partial
release, the fees shall be based on ten per centum of the current
assessed
value of the property so released in the respective city or province: Provided,
however, That where several partial releases had been registered,
the
fees corresponding to the final release shall be computed on the basis
of ten per centum of the difference between the amount of the mortgage
and the aggregate of the consideration used as basis for the collection
of the fees paid for the registration of all previous partial releases.
(j) Certificate of sale. - In a certificate of
sale at public
auction
by virtue of an order of execution or sale for delinquency in the
payment
of taxes, or repurchase of the property so sold, the basis of the fees
in each Registry shall be ten per centum of the selling or repurchase
price
of the property lying within the jurisdiction of the Registry.
(k) Affidavit of consolidation of ownership. -
In an affidavit
for the
consolidation of ownership over a property sold with pacto de retro or
pursuant to an extra judicial foreclosure under the
provisions of
Act Numbered Thirty-one hundred and thirty-five, as amended, the basis
of the fees in each Registry shall be an amount equivalent to ten per
centum
of the consideration of the sale in the respective city or province.
(l)
Contract of lease. - In contracts of lease, the basis of the fees
in
each Registry shall be the sum total to be paid by the lessee for the
properties
situated in the respective city or province during the entire period
specified
in the contract, including the extension contemplated by the parties
which
may be given effect without the necessity of further registration. If
the
period is from year to year, or otherwise not fixed, the basis shall be
the total amount of rentals due for thirty months. If the rentals are
not
distributed, the total amount thereof as above computed shall be
apportioned
to said properties in accordance with their assessed values, and the
proportionate
sum thus obtained for each city or province shall be the basis of the
fees
to be collected in the Registry concerned.
(m) Termination of lease. - In the
termination of lease, the
basis of
the fees in each registry shall be ten per centum of the amount used as
basis for the collection of the fees paid for the registration of said
lease.
(n)
Option to purchase or promise to sell. - In contracts of option to
purchase or promise to sell, the basis of the fees in each Registry
shall
be ten per centum of the current assessed value of the property subject
of such contract in the respective city or province.
(o) Consideration not stated or fixed or less than
assessed value. -
In other transactions where the actual value of the consideration is
not
fixed in the contract or cannot be determined from the terms thereof,
or,
in case of a sale, conveyance, or transfer, the consideration stated is
less than the current assessed value of the property, the basis of the
fees shall be the current assessed value of the property involved in
the
transaction. If the properties are situated in different cities or
provinces,
the basis of the fees in each Registry shall be the current assessed
value
of the properties lying within the jurisdiction of the Registry
concerned. chan
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18.
Issuance of copy of document. - For furnishing copies of any entry,
decree, document, or other papers on file, fifty centavos for each
hundred
words of fraction thereof contained in the copies thus furnished.
19. Certified copy. - For certifying a copy
furnished under the
next
preceding paragraph, for each certification, five pesos for one page
and
one peso for each additional page certified.
20. Certification. - For issuing a certificate
relative to, or
showing
the existence or non-existence of, an entry in the registration books
or
a document on file, for each such certificate containing not more than
two hundred words, five pesos; if it exceeds that number an additional
fee of one peso shall be collected for every hundred words, or fraction
thereof, in excess of the first two hundred words.
21. Research fee. - For services rendered in
attending to
request for
reference or researches on any records or documents on file in the
Registry,
there shall be collected two pesos per document or record.
D. Fees payable to the Commissioner of Land
Registration. - The
fees
payable to the Commissioner of Land Registration shall be as follows:
(1)
For verification and approval of subdivision plans, the fee shall be:
(a)
For each lot .........................................................
P2.00
(b)
For each corner of a lot, irrespective of
whether
such corner is common to two or
more
lots
.....................................................................
0.20
(c)
For each traverse station ..................................... 0.10
(d)
For each observation ............................................ 0.50
(e)
In case the plan is a resurvey or relocation plan,
an additional 40 per cent of the rates
prescribed above shall be collected.
Provided,
however, that the total fee as computed above, whether for subdivision
and/or consolidation-subdivision survey, resurvey
or
relocation plan, shall in no case be less than P8.00 per plan.
(2)
For changing or correcting the name of any person appearing on the
subdivision
plan or other plan in order to have it conform to that stated in the
certificate
of title covering the land, and for the cancellation of an approved
plan
when so requested by the
interested
party, there shall be a fee of P5.00 per plan.
(3)
The rates of fees prescribed in paragraph 1 and 2, inclusive, shall
apply
to similar services rendered in connection with the examination,
verification,
and approval of consolidation, consolidation-subdivision,
resubdivision,
and reconsolidation plans, special work order plans on the basis of
certified
copies of technical descriptions of plans approved by the Land
Registration
Commission or the Bureau of Lands, private surveys, and other plans of
similar nature. In the computation of fees relative to lots subject of
consolidation and consolidation-subdivision plans, a fee of two pesos
shall
be collected per lot as appearing in the old survey in addition to the
fee collectible in paragraph 1 hereof for the new lots.
(4)
For the preparation of a plan in a tracing cloth of any survey, the
data
of which are available in the Commission, except when the same is
merely
traced from an existing plan, the fees shall be computed as follows:
(a)
When the plan to be so prepared contains only one lot:
(1)
For the first ten corners or fraction
thereof
............................................................ P40.00
(2)
For the next ten corners or fraction
thereof
................................................................
6.00
(3)
For each corner in excess of the first
twenty
corners ................................................... 0.40
(b)
When the plan to be so prepared contains two or more lots:
(1)
For the first lot, which must be the biggest
of
the group, irrespective of the
number
of its corner ............................................. P40.00
(2)
For each additional lot, irrespective of the
number
of its corners, said lot being adjacent
to
the first lot or any other lot............................. P15.00
(3)
For each non-adjacent lot (other than the
first
charged lot), irrespective of the
number
of its corners ........................................... P20.00
(4)
If any lot contains more than twenty corners
for
each corner of such lot in the first
twenty
corners ........................................................ P0.40
(5)
For the preparation of a plan in tracing cloth, to be traced from an
existing
plan, complete with bearings and distances of corners
and tie lines, the fee shall be 30 per centum of the fees prescribed in
paragraph 4 above.
(6)
For the preparation of a plan in tracing cloth, to be copied from an
existing
plan, complete with bearings and distances of sides and tie-lines, but
using a different scale, the fee shall be 50 per centum of the fees
prescribed
under paragraph 4 above, if made on a reduced scale; or 60 per centum
of
the same fees, if made on an enlarged scale.
(7)
For the preparation of a simple plan or sketch of any available survey
or plan on any paper other than a tracing cloth, the fee on the basis
of
each lot, shall be as follows:
(a)
For the first ten corners or fraction
thereof
............................................................... P20.00
(b)
For the second ten corners or fraction
thereof
................................................................... 5.00
(c)
For the third ten corners or fraction
thereof
................................................................... 2.00
(d)
For each corner in excess of the first thirty
corners
................................................................... 0.20
(e)
If the sketch is prepared in tracing cloth,
add
to the total fees as above computed ............ 5.00
(f)
If the plan or sketch so prepared contains
the
bearing and distances of the sides and
tie-lines,
add to the total fees as above
computed
10 per centum thereof.
(8)
For furnishing a plan copy (blue-print, or white print) of any plan on
file in the Commission, the fee shall be as follows:
(a)
For the copy of any size not exceeding forty
square
decimeters ................................................ P3.00
(b)
For one copy of more than forty square
decimeters
but not exceeding eighty
square
decimeters in size ...................................... 6.00
(c)
For one copy of more than eighty square
decimeters
but not exceeding one hundred
twenty
square decimeter in size ........................... 9.00
(d)
For one copy in excess of one hundred
twenty
square decimeters in size, the
basis
rate of nine pesos plus for every
twenty
square decimeters or fraction
thereof
in excess .................................................... 0.50
(9)
For the preparation of technical descriptions, other than mere copying
from an existing copy, there shall be collected the
following
fees:
(a)
For technical descriptions of lots or
parcels,
typewritten in triplicate and
double-spaced,
including certification:
(1)
For each lot ............................................... P3.00
(2)
For each corner of a lot .............................. 0.20
(3)
For each extra carbon copy, extra charge. 0.20
(4)
Minimum total charge ............................... 3.00
(b)
For lot description prepared in tracing
cloth
(on tabulated form) including certification:
(1)
For each sheet .......................................... P1.50
(2)
For each lot ................................................. 0.20
(3)
For each corner in excess of ten for a lot. 0.10
(c)
Any common corner shall be counted as
many
items as there are lots to which it
pertains.
(10)
For certification of plans or copies of plans as to the correctness of
the same, per plan or print copy - P3.00 and for the issuance of all
other
certification - P5.00 plus one 30-centavo documentary stamp to be
affixed
thereto.
(11)
For inspection of land subject of private surveys, simple or complex
subdivision
plans, or consolidation, consolidation-subdivision, resubdivision, or
reconsolidation
plans, special work orders, and other plans of similar nature for the
purpose
of verification and/or approval:
(a)
For each plan with an aggregate area of
1,000
sq. m. or less ........................................ P100.00
(b)
For each subdivision with an aggregate
area
of more than 1,000 sq. m.:
1.
For the first 1,000 s.m. ................... P100.00
2.
For every succeeding 1,000 sq. m.
or
fraction thereof ..................................... 10.00
(12)
For actual field work of subdivision survey, relocation survey and
resurvey
of land, the fees shall be as follows:
Area
Survey Fee
For
the first hectare ......................................... P350.00
For
the 2nd ha. to 10th ha. - An additional
60.00
per ha.
For
the 11th ha. to 20th ha. - An additional
P30.00
per ha.
For
the 21st ha. to 30th ha. - An additional
P20.00
per ha.
For
the 31st ha. to 200th ha. - An additional
P10.00
per ha.
For
the 201st ha. or over - An additional
P8.00
per ha.
A
fraction of a hectare shall be considered one hectare.
2.
Urban (Solar):
First
200 sq. m. or less ......................... P350.00
Succeeding
201 sq. m. or more ........... P20.00 - 100 sq. m.
(b)
Relocation Survey or Resurvey:
The
fee for relocation survey or resurvey shall be one hundred fifty per
cent
(150%) of the amount of survey fee collectible on the basis of the
schedule
of fees for subdivision survey as provided in the preceding paragraph
plus
one per cent (1%) of the assessed value of the land.
Special
Account. - Twenty per centum of all the collections of the
Registers
of Deeds and of the Land Registration Commission
under
this Section and Sections 118 and 116 of this Decree shall be
appropriated
and upon approval of a budget for it by the
Ministry
of the Budget, such amounts shall be disbursed and all offices under
the
Land Registration Commission, for the purchase of necessary equipment,
for payment of allowances of officials and employees of the Commission,
including those of the Registries of Deeds, as authorized by the
Commissioner,
for contracts regarding security printing of Land title forms, for
survey
contracts, and for the maintenance and other operating expenses of the
Commission.
CHAPTER
XII
FORMS
USED IN LAND REGISTRATION AND CONVEYANCING
Sec.
112. Forms in conveyancing. - The Commissioner of Land
Registration
shall prepare convenient blank forms as may be necessary to help
facilitate
the proceedings in land registration and shall take charge of the
printing
of land title forms. Deeds, conveyances, encumbrances, discharges,
powers
of attorney and other voluntary instruments, whether affecting
registered
or unregistered land, executed in accordance with law in the form of
public
instruments shall be registrable: Provided, That, every
such
instrument shall be signed by the person or persons executing the same
in the presence of at least two witnesses who shall likewise sign
thereon,
and shall acknowledged to be the free act and deed of the person or
persons
executing the same before a notary public or other public officer
authorized
by law to take acknowledgment. Where the instrument so acknowledged
consists
of two or more pages including the page whereon acknowledgment is
written,
each page of the copy which is to be registered in
the
office of the Register of Deeds, or if registration is not
contemplated,
each page of the copy to be kept by the notary public, except the page
where the signatures already appear at the foot of the instrument,
shall
be signed on the left margin thereof by the person
or persons executing the instrument and their witnesses, and all the
ages
sealed with the notarial seal, and this fact as well as the number of
pages
shall be stated in the acknowledgment. Where the instrument
acknowledged
relates to a sale, transfer, mortgage
or encumbrance of two or more parcels of land, the number thereof shall
likewise be set forth in said acknowledgment.
CHAPTER
XIII
DEALINGS
WITH UNREGISTERED LANDS
Sec.
113. Recording of instruments relating to unregistered lands.
- No deed, conveyance, mortgage, lease, or other voluntary
instrument
affecting land not registered under the Torrens system shall be valid,
except as between the parties thereto, unless such instrument shall
have
been recorded in the manner herein prescribed in the office of the
Register
of Deeds for the province or city where
the land lies.
(a)
The Register of Deeds for each province or city shall keep a Primary
Entry
Book and a Registration Book. The Primary Entry Book shall contain,
among
other particulars, the entry number, the names of the parties, the
nature
of the document, the date, hour and minute it was presented and
received.
The recording of the deed and other instruments relating to
unregistered
lands shall be effected by any of annotation on the space provided
therefor
in the Registration Book, after the same shall have been entered in the
Primary Entry Book.
(b)
If, on the face of the instrument, it appears that it is sufficient in
law, the Register of Deeds shall forthwith record the instrument in the
manner provided herein. In case the Register of Deeds refuses its
administration
to record, said official shall advise the party in interest in writing
of the ground or grounds for his refusal, and the latter may appeal the
matter to the Commissioner of Land Registration in accordance with the
provisions of Section 117 of this Decree. It shall be understood that
any
recording made under this section shall be without prejudice to a third
party with a better right.
(c)
After recording on the Record Book, the Register of Deeds shall endorse
among other things, upon the original of the recorded instruments, the
file number and the date as well as the hour and minute when the
document
was received for recording as shown in the Primary Entry Book,
returning
to the registrant or person in interest the duplicate of the
instrument,
with appropriate annotation, certifying that he has recorded the
instrument
after reserving one copy thereof to be furnished the provincial or city
assessor as required by existing law.
(d)
Tax sale, attachment and levy, notice of lis pendens, adverse claim and
other instruments in the nature of involuntary dealings with respect to
unregistered lands, if made in the form sufficient in law, shall
likewise
be admissible to record under this section.
(e)
For the services to be rendered by the Register of Deeds under this
section,
he shall collect the same amount of fees prescribed for similar
services
for the registration of deeds or instruments concerning registered
lands.
CHAPTER
XIV
REGISTRATION
OF CHATTEL MORTGAGES
Sec.
114. Recording of chattel mortgages. - A chattel mortgage
shall be recorded in the office of the Register of Deeds of the
province
or city where the mortgagor resides as well as where the property is
situated
or ordinarily kept.
Sec.
115. Manner of recording chattel mortgages. - Every
Register
of Deeds shall keep a Primary Entry Book and a Registration Book for
chattel
mortgages; shall certify on each mortgage filed for record, as well as
on its duplicate, the date, hour, and minute when
the same was by him received; and shall record in such books any
chattel
mortgage, assignment or discharge thereof, and any other instrument
relating
to a recorded mortgage, and all such instruments shall be presented to
him in duplicate, the original to be filed and the duplicate to be
returned
to the person concerned. The recording of a mortgage shall be effected
by making an entry, which shall be given a correlative number, setting
forth the names of the mortgagee and the mortgagor, the sum or
obligation
guaranteed, date of the instrument, name of the notary before
whom
it was sworn to or acknowledged, and a note that the property
mortgaged,
as well as the terms and conditions of the mortgage, is mentioned in
detail
in the instrument filed, giving the proper file number thereof. The
recording
of other instruments relating
to a recorded mortgage shall be effected by way of annotation on the
space
provided therefor in the Registration Book, after the same shall have
been
entered in the primary Entry Book.
The
Register of Deeds shall also certify the officer's return of sale upon
any mortgage, making reference upon the record of such officer's return
to the volume and page of the record of the mortgage, and a reference
of
such return on the record of the mortgage itself, and give a certified
copy thereof, when requested, upon payment of the legal fees for such
copy
thereof, when requested, upon payment of the legal fees for such copy
and
certify upon each mortgage officer's return of sale or discharge of
mortgage,
and upon any other instrument relating to such a recorded mortgage,
both
on the original and in the duplicate, the date, hour, and minute when
the
same is received for record and record such certificate index of
mortgagors
and mortgagees, which record and index shall be open to public
inspection.
Duly
certified copies of such records and of filed instruments shall be
receivable
as evidence in any court.
Sec.
116. Fees for chattel mortgages, etc. - The register of
Deeds
shall collect the following fees for services rendered by him under
this
section:
1. Entry fee. - For entry or presentation of
any document in the
Primary
Entry Book, five pesos. Supporting papers presented together with the
principal
document need not be charged any entry or presentation fee unless the
party
in interest desires that they be likewise entered.
2. Chattel Mortgage. - For filing and
recording each chattel
mortgage,
including the necessary certificates and affidavits, the fees
established
in the following schedule shall be collected:
(a) Six thousand pesos maximum. - When the
amount of the
mortgage does
not exceed six thousand pesos, seven pesos for the first five hundred
pesos,
or fractional part thereof, and three pesos for each additional five
hundred
pesos, or fractional part
thereof.
(b) Thirty thousand pesos maximum. - When the
amount of the
mortgage
is more than six thousand pesos but does not exceed thirty thousand
pesos,
forty-eight pesos for the initial amount not exceeding eight thousand
pesos,
and eight pesos for each additional two thousand pesos or fractional
part
thereof.
(c)
One hundred thousand pesos maximum. - When the amount of the
mortgage
is more than thirty thousand pesos but does not exceed one hundred
thousand
pesos, one hundred fifty pesos for the initial amount not exceeding
thirty-five
thousand pesos, and fourteen pesos for each additional five thousand
pesos
of fractional part thereof.
(d) Five hundred thousand pesos maximum. -
When the amount of
the mortgage
is more than one hundred thousand pesos but does not exceed five
hundred
thousand pesos, three hundred fifty-two pesos for the initial amount
not
exceeding one hundred ten thousand pesos and twenty pesos for each
additional
ten thousand pesos or fractional part thereof.
(e) More than five hundred thousand pesos. - When
the amount of
the
mortgage is more than five hundred thousand pesos, one thousand one
hundred
sixty-two pesos for the initial amount not exceeding five hundred
twenty
thousand pesos, and thirty pesos for each additional twenty thousand
pesos
or fractional part thereof: Provided, however, That
registration
of the mortgage in the province where the property is situated shall be
sufficient registration: and, Provided, further, That if the
mortgage
is to be registered in
more than one city or province, the Register of Deeds of the city or
province
where the instrument is first presented for registration shall collect
the full amount of the fees due in accordance with the schedule
prescribed
above, and the Register of Deeds of the other city of province where
the
same instrument is also to be registered shall collect only a sum
equivalent
to twenty per centum of the amount of fees due and paid in the first
city
of province, but in no case shall the fees payable in any Registry be
less
than the minimum fixed in this schedule.
3. Conveyance of mortgaged property, etc. -
For recording each
instrument
of sale, conveyance, or transfer of the property which is subject of a
recorded mortgage, or of the assignment of mortgage credit, the fees
established
in the preceding schedule shall be collected on the bases of ten per
centum
of the amount of the mortgage or unpaid balance thereof: Provided, That
the latter is stated in the instrument.
4. Notice of attachment. - For recording each
notice of
attachment,
including the necessary index and annotations, eight pesos.
5. Release of mortgage. - For recording such
release of mortgage,
including
the necessary index and references, the fees established in the
schedule
under paragraph (b) above shall be collected on the basis of five per
centum
of the amount of the mortgage.
6. Release of attachment. - For recording each
release of
attachment,
including the proper annotations, five pesos.
7. Sheriff's return of sale. - For recording
each sheriff's
return
of sale, including the index and references, seven pesos.
8. Power of attorney, appointment of guardian,
administrator or
trustee. - For recording a power of attorney, appointment of
judicial
guardian,
administrator, or trustee, or any other instrument in which a person is
given power to act in behalf of another in connection with a mortgage,
ten pesos.
9. No specific fee. - For recording each
instrument or order
relating
to a recorded mortgage, including the necessary index and references,
for
which no specific fee is provided above, five pesos.
10.
Certified copy. - For certified copies of records, such fees as are
allowed by law for copies kept by the Register of Deeds.
11. Certification. - For issuing a certificate
relative to, or
showing
the existence or non-existence of an entry in the registration book, or
a document on file, for each such certificate containing not more than
two hundred words, five pesos; if it exceeds that number, an additional
fee of one peso shall be collected for every one hundred words or
fractional
part thereof, in excess of the first two hundred words.
12.
Research Fee. - For services rendered in attending to requests for
references to, or researches on any document on file in the Registry,
there
shall be collected a fee of two pesos per document.
CHAPTER
XV
CONSULTAS
Sec.
117. Procedure. - When the Register of Deeds is in doubt
with
regard to the proper step to be taken or memorandum to be made in
pursuance
of any deed, mortgage or other instrument presented to him for
registration,
or where any party in interest does not
agree with the action taken by the Register of Deeds with reference to
any such instrument, the question shall be submitted to the
Commissioner
of Land Registration by the Register of Deeds, or by the party in
interest
thru the Register of Deeds.
Where
the instrument is denied registration, the Register of Deeds shall
notify
the interested party in writing, setting forth the defects of the
instrument
or legal grounds relied upon, and advising him that if he is not
agreeable
to such ruling, he may, without withdrawing
the documents from the Registry, elevate the matter by consulta within
five days from receipt of notice of the denial of registration to the
Commissioner
of Land Registration.
The
Register of Deeds shall make a memorandum of the pending consulta on
the
certificate of title which shall be cancelled motu proprio by
the
Register of Deeds after final resolution or decision thereof, or before
resolution, if withdrawn by petitioner.
The
Commissioner of Land Registration, considering the consulta and
the records certified to him after notice to the parties and hearing,
shall
enter an order prescribing the step to be taken or memorandum to be
made.
His resolution or ruling in consultas shall be conclusive and binding
upon
all Registers of Deeds, provided, that the party in interest who
disagrees
with the final resolution, ruling or order of the Commissioner relative
to consultas may appeal to the Court of Appeals within the period and
in
manner provided in Republic Act No. 5434.
CHAPTER
XVI
FINAL
PROVISIONS
Sec.
118. Appropriation. - There is hereby appropriated
initially
the sum of TWELVE MILLION THREE HUNDRED FORTY THOUSAND PESOS
(P12,340,000.00)
from the National Treasury not otherwise appropriated for the
implementation
of this decree;
thereafter, said sum shall be added to the regular appropriation act of
every year.
Sec.
119. Postage exemption. - No postage stamps or mailing
charges
shall be required in all matters transmitted by the Land Registration
Commission
or any of its Registry of Deeds in the implementation of Sections 21,
40,
106, 118 and 117 of this Decree.
Sec.
120. Repealing clause. - All laws, decrees, orders,
rules
and regulations, or parts thereof, in conflict or inconsistent with any
of the provisions of this Decree are hereby repealed or modified
accordingly.
Sec.
121. Separability clause. - In the event that any
provision
of this Decree is declared unconstitutional, the validity of the
remainder
shall not be affected thereby.
Sec.
122. Effectivity. - This Decree shall take effect upon
its
approval.
Done
in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
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