OUTLINE L AND REGISTRATION

AT T Y. E R W I N L . T I A M S O N 

LAND REGISTRATION IN GENERAL

Importance of Land Registration ................................................................................4

Function of Land Registration .....................................................................................4
General Legal Principles in Land Registration ..............................................................4
Title and Deed Registration System .............................................................................5
TORRENS SYSTEM OF LAND REGISTRATION

Background ..............................................................................................................7
Meaning and History of the Torrens System ................................................................7
Nature of Proceeding ................................................................................................8
Ministerial Function of the Registry ..........................................................................10
Purpose and Effect ..................................................................................................10
Principles behind the torrens system .........................................................................11
Essential Features of the Torrens System ....................................................................11
Intended Effects of the Torrens System in the Philippines ............................................12
Advantages ............................................................................................................12
Disadvantages ........................................................................................................12
CERTIFICATE OF TITLE IN THE TORRENS SYSTEM

Preparation and Issuance .........................................................................................13

Kinds .....................................................................................................................13
Contents ................................................................................................................13
Purpose and Probative Value ..................................................................................14
Effect of Issuance of a Certificate of Title ..................................................................14
Action for Reconveyance .........................................................................................15
Re-issuance of Lost Owner’s Duplicate ......................................................................15
Reconstitution of lost or destroyed original of Torrens title ..........................................15
Amendment of Correction .......................................................................................16
Adverse Claim ........................................................................................................16
Reversion ...............................................................................................................16
REGISTRATION OF DEEDS AND INSTRUMENTS

Meaning .................................................................................................................17
Kinds of Deed Registration ......................................................................................17
Registration of Voluntary Dealings and Transactions ..................................................18
 registration of Involuntary instruments .......................................................................22
Attachment and Execution ......................................................................................22
Registration of Attachments and Execution ................................................................23
Consulta .................................................................................................................24
DEALINGS WITH UNREGISTERED LANDS

Background ...........................................................................................................25
Recording of instruments relating to unregistered lands. ............................................25
 L AND REGISTRATION IN GENERAL
IMPORTANCE OF L AND REGISTRATION

Provide order and stability in society by creating security in property ownership not only for
landowners but also for investors, bankers, government, etc.

The systems of land registration are frequently directed at protecting the interests of
individual landowners but they are also instruments of national land policy and mechanisms
to support economic development.

FUNCTION OF L AND REGISTRATION

Every land administration system should include some form of land registration, which is a
process for recording, and in some countries guaranteeing, information about the ownership
of land.

Land registration is a process of official recording of rights in land through deeds or as title
on properties. It means that there is an official record (land register) of rights on land or of
deeds concerning changes in the legal situation of defined units of land. It gives an answer
to the questions who and how. In some country’s, this information regarding ownership of
identifiable parcel units are contained in a cadastre

The function of land registration is to provide a safe and certain foundation for the
acquisition, enjoyment and disposal of such rights in land.

GENERAL LEGAL PRINCIPLES IN L AND REGISTRATION

The Identity of the Object and the Subject

• The concerned subject (owners and rights holders) and object (real property
defined as a parcel) is unambiguously and clearly identified.

• What is owned by who or who owns what?

The Consent
 • The real entitled person who is booked as such in the register must give his
consent for a change of the inscription in the land register.

• Exception - Involuntary actions

The Booking

• The change in real rights on an immovable property, especially by transfer, is not

legally effected until the change or the expected right is booked or registered in
the land register.

• The Publicity

• The legal registers are open for public inspection, the published facts can be
upheld as being correct by third parties in good faith and can be protected by law.

• RD obligated to report certain transaction to the anti-money laundering council:

• Republic Act No. 10365 "An Act Strenthening the Anti-Money Laundering
Law, Amending for the Purpose Republic Act No. 9160 Othersie known as
the "Anti-Money Laundering Act of 20011", as amended:

• “SEC. 7. Creation of Anti-Money Laundering Council (AMLC). – The Anti-

Money Laundering Council is hereby created and shall be composed of the
Governor of the Bangko Sentral ng Pilipinas as Chairman, the
Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission, as members. The AMLC shall act
unanimously in the discharge of its functions as defined hereunder:

• “(12) to require the Land Registration Authority and all its Registries of
Deeds to submit to the AMLC, reports on all real estate transactions
involving an amount in excess of Five hundred thousand pesos
(P500,000.00) within fifteen (15) days from the date of registration of the
transaction, in a form to be prescribed by the AMLC. The AMLC may also
require the Land Registration Authority and all its Registries of Deeds to
submit copies of relevant documents of all real estate transactions.”

TITLE AND DEED REGISTRATION SYSTEM

Deed Registration
 • In Deed Registration, the deed executed by the parties, being a document which
describes an isolated transaction on a piece of land, is registered. This deed is
evidence that a particular transaction took place between the parties, but it is in
principle not in itself a proof of the legal rights of the transacting parties to deal
with the land. Thus before any dealing can be safely effected, the ostensible owner
must trace his ownership back to a good root of title.

• In Deed Registration, the initial enrolment or original registration of a parcel of

land to the system is not necessary. The determination of the rights of the holder
of the ostensible title is not material to the registrar as what he is recording are
not titles that his office guarantees but only the transactions or dealings of the
parties.

Title Registration

• In Title Registration, it is not the deed describing the transfer of rights but the
legal consequence of the transaction or the right itself that is registered. The
registrar modifies, cancels and issues new titles in accordance with the deed
executed by the parties to a transaction. To be able to effectively register and issue
titles, the registrar only accepts titles that has been determined and declared by
the State as “indefeasible titles” or those titles has been adjudicated in a
proceeding that binds everyone. This indefeasible titles are then registered and a
certificate of title issued to the owner with a guarantee from the State that the
person holding the same is the true and lawful owner of the property described
and that any person can transact with the registered owner with confidence that
the land is not subject to any unregistered claim coming from third persons.

• Title Registration system shifts the balance significantly towards facility of

transfer. It provides a public register of interests in land and enables a purchaser
who complies with the system to acquire ownership free of a prior interest which
is not recorded in the register.

Difference

• Deed registration is concerned with the registration of the legal fact and while title
registration is concerned with the legal consequence of that fact. In other words,
in deed registration, the registrar only records the fact that there was a transaction
on a piece of land between the parties by recording the “deed” evidencing said
transaction while in title registration, the registrar records the effect of the deed
 executed by the parties and correspondingly makes modification on the title to the
land subject of the transaction. Thus, if the deed that was executed by the parties
effectively transferred the land to the buyer, the title registry will cancel the title of
the registered owner and issue a new title to the buyer as the new owner of the
land since this cancellation of the title and issuance of a new one is the legal
consequence of the such sale.

TORRENS SYSTEM OF L AND

REGISTRATION
BAC KGROUND

• After the establishment of the US government in the Philippines, it commissioned

Capt. Ahern of the US Cavalry to make a survey of Spanish land laws and the
number of land titles issued under Spain. Found that the Spanish Mortgage Law or
Ley Hipoticaria was operating in the colony.

• Decided to established a new system of land registration.

• However, in order to secure adequate protection for titles or interest already

registered under the system, it was necessary to provided that the old system shall
continue in force in so far as the same is not modred by the new law.

• Section 124 of Act No. 496 provides that the old system of land registration shall
continue in force in so far as it is not amended or modified by the new system
establish under this act.

• This means that new transaction relative to lands originally registered under the
Spanish Mortgage Law should be registered in accordance with said law as long as
it remains unregistered under the Torrens system.

• The Spanish Mortgage Law was finally discontinued in 1978 under PD No. 1529
and thus, at present, the Torrens System of Land Registration is the only title
registration system in the Philippines.

MEANIN G AND HISTORY OF THE TORRENS SYSTEM

• The torrens system is a method of registration whereby the claimant of a land may
apply to an administrative officer or a judicial officer for confirmation and
 registration of his title and if the evidence presented by him shows that he has a
absolute right or title of ownership to the proeprty, his title is confirmed and
registered in the the registry of property and a certificate of title is issued to him
as evidence of an indefeasible title to the registered lands.

• The system was devised by Robert Torrens when he was appointed as Register of
Deeds in South Australia by adopting the system of registration of undivided
shares of ship under the Merchant Shipping Act. The system was enacted under
Real Property Act of 1858. Under the act, the owner of a land may file his
application with the register-general, who is an executive officer, asking that his
land be registered under his name. After notice is published regarding the
application, the registrar, when satisfied in view of the proofs submitted that the
title of the applicant is valid, he register said title in his register book and issues to
him a certificate of title which is conclusive evidence of an indefeasible title to the
property. If the registrar refuses to register the title of the applicant, the case may
be taken to the court to the court to determine registrability. After the property is
registered, no instrument is effectual in transferring or encumbering the title
thereto unless it is entered or noted in the register.

• Adopted in many countries with different variations.

• In the English Torrens system, the certificate of title may be issued as absolute,
qualified or possessory. If the certificate is absolute, it is conclusive evidence of an
indefeasible title except those appearing in the certificate. A certificate is qualified
if the title is for al limited period, subject to reservation, subject to a right base on
an instrument or contingency recorded in the registry. Qualified titles does not
prevent enforcement of rights or interest excepted in the registrar. Possessory
titles does not prejudice right or interest which is adverse to the registered owner
prior to registration even though it is not registered. Its only purpose is to
prejudice rights subsequent to the registration.

• In the Philippines, we only issue indefeasible titles.

NATURE OF PROCEEDING

• The proceedings for the registration of land under the Torrens system is in rem
and not in personam.
• In Personam - It the objective of the suit is to establish a claim against some
particular person, with a judgment which generally, in theory at least, binds only
him the action is in personam, although it ay concern the right to or possession of
a tangible thing.

• In Rem - A proceeding in rem, dealing with a tangible res, may be instituted and
carried to judgement without personal service or notice upon the claimants. Its
operation is usually governed by a specific law that deals with property that are
required to be registered in a public registry to effect changes of ownership or
interest.

• In Rem Proceedings under PD No. 1529. - If a person desires to register his title to
a private land under the Torrens System, the first step that he should take is (1) to
have his land surveyed by a Geodetic Engineer who should prepare plan and
submit it to the DENR for inspection, verification and approval. (2) He then could
an application for registration before the court where the land is located. (3) The
Court sets the case for hearing and notifies the Land Registration Authority (LRA)
orders the necessary publication of the notice in the Official Gazette regarding the
filing of the application and the date of hearing. Notices are also mailed to all
persons who may have interest in the property. Notice is also sent to the Solicitor
General and the DENR sot that they may file an opposition thereto if the land is a
part of the public domain (4) In the hearing, the applicant proves that he has
registrable title to the property under Section 14, of PD No. 1529 and if he is
successful, the court renders a decision confirming his title and ordering its
registration. Oppositors like the Solicitor General or any person who claims title
opposite to the applicant can contest the evidence of the applicant during the
hearing and if they are successful, the application of the applicant is denied. (5) If
the decision is favorable to the applicant and the decision has become final, the
court issues an Order to the LRA to prepare and issue a decree of registration. (6)
A certified true copy of the decree is sent to the Register of Deeds of the province
or city where the land is located for transcription in the Registry Book. (7) The
Registrar prepares an Original Certificate of Title and an Owner’s Duplicate
Certificate and delivers it to the registered owner.

• Titles acquired from lands of the public domain does not undergo judicial process
but are administratively adjudicated through patents, deeds, and conveyances but
these are “likewise” required to be registered under the Torrens System under
 Section 103 of PD No. 1529. After registration, the title acquires the same value
and effect as those acquired through judicial proceedings.

MINISTERIAL FUNCTION OF THE REGISTRY

• The registrar in recording the document is not called to settle and adjudicate the
claim to the title or to determine the nature of such title since the registered
owner title has already been confirmed as indefeasible. (See Sections 10, 51, 52
and 53 of PD No. 1529).

• Although he may decide on the registrability of the instrument, his decision over
the matter is not conclusive. The fact that a registrar has to ascertain the nature of
the instrument presented for registration does not necessarily mean that he
exercise a judicial function. (See Sections 10 and 117 of PD No. 1529 on
Consulta)

• Objection to the Law: The action on the registration of deeds affects title to
property and the determination of which is judicial.

• To address this objection: Nonetheless, in cases of registration procured by fraud,

the true owner may pursue all of his legal and equitable remedies against the
parties to such fraud, without prejudice to the rights of any innocent purchaser for
value of the certificate of title. (See Section 53 Paragraph 3 of PD No. 1529)

PURPOSE AND EFFECT

• To confirm and registered a title to a real property already vested in the applicant.
Fee simple rights are the only rights that can be registered in the initial
registration of lands.

• Once fee simple rights are registered, said title is deemed conclusive to all or
“indefeasible”.

• Interest less than fee simple cannot be use in initial registration but once a fee
simple title has been initially registered, interest over said registered lands can be
registered as an encumbrance, limitation, condition, charge, etc.

• The system is intended for the registration and not for the acquisition of titles to
land. Acquisition of titles to land is governed by public land (original acquisition)
and civil laws (subsequent transfers).
PRINCIPLES BEHIND THE TORRENS SYSTEM

Under the torrens system was devise to make transfer of title effective, efficient and simple.
In order to do this, title to land are initially acquired only by enrolling the land into the
system (original registration) and thereafter all subsequent transfers and dealings on the
land have to be registered to have an effect against third persons should be registered.

The Mirror Principle

The register is supposed to reflect the correct legal situation on the parcel; the register
should reflect as accurately as possible the true state of title to land so that persons who
propose to deal with land can discover all the facts relative to the tile

The Curtain Principle

No further historical investigation on the title "beyond what is stated register is necessary; a
purchaser should not need to go behind the register to investigate the “root” of the title

The Insurance or Guarantee Principle

The State guarantees that what is registered is true for third parties in good faith and that a
bona fide rightful claimant who is contradicted by the register is reimbursed from an
insurance fund of the state.

ESSENTIAL FEATURES OF THE TORRENS SYSTEM

• The creation and recognition of one estate in land - the registered title in lieu of a
legal or equitable estate.

• The creation of a certificate of title in the registry and the issuance of a owners
duplicate certificate under which the conditions of the title is articulated.

• Mirror and Curtain Principles

• Creation of an indefeasible title or the right of absolute ownership, instead of

evidence of title in the name of the owner.

• The transfer of interest in land only by entry on the register instead by transfer by
execution of deeds.

• The creation of liens on land only by annotation on the registry and the certificate.
 • The protection of unregistered rights or equitable claims by caveats, cautions or
notices of adverse claims.

• The establishment of an indemnity fund and payment in certain losses

INTENDED EFFECTS OF THE TORRENS SYSTEM IN THE

PHILIPPINES

• To bring all the titles in the Philippines under one common comprehensive and
harmonious system, the cardinal feature of which is indefeasibility of title

• It is intended to enhance the use of the land as a business asset by providing

certainty and security of title to land.

A DVA N TAG E S

• There is no need to examine the chain of titles

• Indefeasible titles used as against insecure titles

• The procedure is simplified and is more efficient and economical

• It guards against fraud

• It increases the value of the land

D I S A DVA N TAG E S

• There is a need for initial registration of lands to be part of the system and this is
tedious and costly since landowners are required to have title to their lands
confirmed and validated.

• Persons who acquired titles through fraud can transmit ownership to person who
acquired the land in good faith and for value. Landowners who lost ownership can
no longer recover their land and their recourse will only be against the fraudster or
against the assurance funds.
 CERTIFIC ATE OF TITLE IN THE
TORRENS SYSTEM
PREPARATION AND ISSUAN CE

• Under PD No. 1529 Section 39, the LRA prepares the decree of registration as
well as the original and duplicate certificate of the corresponding certifier of title.
The original certificate of title is then signed by the Administrator and sent,
together with the owner’s duplicate, to the register of deeds. The Register of
Deeds then enters in the title in his record book and are then numbered, dated,
signed and sealed.

• The said certificate shall take effect upon the date of transcription or entry of the
decree and upon that date, the land is considered registered under the Torrens
System for all legal purposes. (See Section 41 of PD No. 1529)

• Government vs. Abural, 39 Phil. 996

KINDS

• Original Certificate of Title - issued in the name of the original applicant for
registration.

• Transfer Certificate of Title - issued to subsequent transferee of the original. Forms

and

CONTENTS

• The original certificate of title contains a statement that the land is registered in
the name of the applicant, a description of the property, the conditions to which
the issuance of the title is subject, the name of the judge/executive officer (in
patents) who ordered the issuance of the title, and the name of the register of
deeds who issued the title.

• The reversed side of the title is for noting any memorandum of encumbrances or
charges affecting the property.

• When the original certificate is cancelled and a new transfer certificate is issued,
the latter shall also contain the particulars of: the decree, the original certificate of
 title, and the immediately preceding transfer certificate of title from which the
current transfer certificate of title is derived.

P U R P O S E A N D P R O B AT I V E VA L U E

• The certificate serves as evidence of an indefeasible title to the property in favor of

the person whose name appears therein.

• Deferred indefeasibility - persons who were deprived of the land through

actual fraud may file a petition for reopening and review of the decree of
registration not later than one year from and after he date of entry of such
degree of registration without prejudice to the rights of innocent purchaser
for value. (Section 32, PD No. 1529)

• The one year period of deferment also applies to patent by analogy in the
case of Sumail vs. Judge of CFI of Cotobato, GR No. L-8278, April 30,
1955.

• Certificate shall be received as evidence in all the courts and shall be conclusive as
to all matters contained therein (Section 47 of Act No. 496)

• Registration shall bind the land and quiet title thereto subject only to such
exceptions as provided by law. It shall be conclusive upon and against all persons,
including the National Government and all branches thereof, whether mentioned
in the application or notice, the same being included in the description “To whom
it may concern” (Section 31 of PD No. 1529)

• Patents issued in accordance with Section 103 of PD No. 1529 is as indefeasible as

a certificate issued under juridicial registration provided that the land covered is a
disposable lands under the Public Land Act (El Hogar Filipino vs. Olviga, 60 Phil.
17 and De los Reyes vs. Razon, 38 Phil. 480). The land thus cannot be subject to
another judicial registration. (Manalo vs. Lucban, 48 Phil. 973)

• Effects of notation - proof of existence of the transaction or judicial orders which

affect the registered land. (National Bank vs. Tan Ong Zse, 31 Phil. 321)

EFFECT OF ISSUANCE OF A CERTIFIC ATE OF TITLE

• It places the land under the operations of the Torrens System

• The registered owners acquires an indefeasible title

 • Section 44 of PD No. 1529

• Acquisition of title of free from all encumbrances except those that are
noted thereon and those that are provided by law. (See exceptions under
the Section 44)

• It renders title to the land imprescriptible (Section 47 of PD No. 1529)

• The title is not subject to collateral attack and said title canon be altered,
modified or cancelled except in a direct proceeding in accordance with law.
(Section 46 of PD No. 1529)

A C T I O N F O R R E C O N V E YA N C E

• The registered owner did not acquire the property in good faith and for value, thus
his title can be subject to a direct attack by the equitable owner for reversion of
ownership.

• A legal and equitable remedy granted to the rightful land owner of land which has
been wrongfully or erroneously registered in the name of another for purpose of
compelling the latter to transfer or reconvey the land to him.

• A person who has been wrongfully or fraudulently deprived of his real property or
interest therein may file an action for reconveyance of said property against the
person who perpetuated the fraud. Instances: mistake, fraud, forgery, breach of
trust, misrepresentation, illegality, lack of marital consent, erroneous inclusion of
the land, registration in bad faith, double titles, double sales, exclusion of co-heirs,
expanded areas, equity, unenforceable contracts, void, voidable and inexistent
contracts, etc.

• Effect - it operates as an implied trust under Article 1456 of the Civil Code. Thus,
an action to enforce an implied trust is an action based upon an obligation created
by law.

RE-ISSUANCE OF LOST OWNER’S DUPLIC ATE

• The Replacement of Lost Duplicate certificate is governed by Section 109, PD No.

1529.

R E C O N S T I T U T I O N O F LO S T O R D E S T ROY E D O R I G I N A L
OF TORRENS TITLE
 • Lost or Destroyed original certificates of title in the offices of the Register of deeds
may be reconstituted either judicially or administratively.

• Judicial Reconstitution is availed of under two (2) situations: (1) when both the
Owner’s Duplicate Copy and the Original Copy on file in the Register of Deeds are
lost or Destroyed; (2) when the Owner’s Duplicate Copy is available but the
Original Copy on file in the Register of Deeds is lost or destroyed. The procedure
for the reconstitution of title is governed by Republic Act No. 26 and Section 110.
P.D. No. 1529

AMENDMENT OF CORRECTION

• Section 108. Amendment and alteration of certificates.

• Rule: 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 court.

• Who may file: 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

ADVERSE CL AIM

• Section 70 of PD No. 1529

• An adverse claim is a notice of a claim adverse to the registered owner, the validity
of which is yet to be stablished in court at some future date, and is no better than
a notice of lis pendens already pending in court.

• Purpose: to give notice to third persons dealing with the said property that
someone is claiming an interest on the subject.

• Examples

• Seller refused to deliver the owner's duplicate

• Claim of heirs who were excluded

REVERSION
 • Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III
of the Administrative Code of 1987 (EO No. 292);

• Restoration of public land fraudulently awarded or disposed of to the mass of the

public domain

• Action for reversion is instituted by the Solicitor General.

• Action is imprescriptible

• Grounds:

• Violation of the Constitution, disposition of inalienable land

• Falsehood in the application for a patent

• Section 91 of the PLA

• Director of Lands may investigate even if the patent is already registered

and indefeasible

REGISTRATION OF DEEDS AND

INSTRUMENTS
MEANING

Registration of Deeds and other Instruments or subsequent registration takes place when a
deed or instrument affecting land is made of public record after the date of its original
registration. Thus, the registration of a sale, mortgage, lease, attachment, notice of levy or
other encumbrances falls within the purview of subsequent registration.

KINDS OF DEED REGISTRATION

Deed registration is either voluntary of involuntary registration of instruments.

Voluntary

Are contracts or agreements willfully executed by the land owner or his duly authorized
representative such as sales, leases, mortgages, donations, exchanges, trusts or variations
thereof affecting real estate.
Involuntary

Refers to those executed against the will or without the consent of the landowner contrary
to his interest or will affect him adversely such as attachments, levy on execution, adverse
claim, lis pendens and other liens

REGISTRATION OF VOLUNTARY DEALIN GS AND

TRANSACTIONS

REQUIREMENTS FOR REGISTRATION

Compliance with the essential requisites of a contract

‣ Consent - meeting of the minds;

‣ Object Certain - subject of the contract; within the commerce of man and lawful;
and

‣ Cause - consideration; prestation, services, benefits, pure beneficence or liberality.

Observance of the “Formal requirements” of a public instrument.

‣ The contract must be executed in the form of a public instrument;

‣ Signed by the person/s executing the same;

‣ In the presence of two witnesses who shall likewise sign and acknowledge to be
their free act and deed of the parties;

‣ Before a notary public or other public officer authorized by law to take

acknowledgement. Documents executed in a foreign country should be
acknowledged before a Philippine diplomatic or consular official. If acknowledged
before a foreign notary public, it should be authenticated by the Philippine
diplomatic or consular official before it can be registered.

‣ All pages of the deed must be signed.

‣ The documents presented shall contain the full name, nationality, residence and
postal address of the grantee or other person acquiring or claiming interest; and

‣ Must state marital status and name of wife/husband if married.

Submission of supporting documents for certain transactions before registration as
provided by special laws (in most common transactions)

‣ Certified true copy of the Tax Declaration in transaction involving transfer of

ownership;

‣ Certificate Authorizing Registration (CAR) or Certificate of Exemption from the

BIR in case of sale, exchange or other disposition of real property;

‣ Certification from the BIR that the documentary stamp tax has been paid;

‣ Certification from the LGU Treasurer that the property is not delinquent in the
payment of real estate taxes in case of alienation, transfer or encumbrance of real
property (Sec. 209, RA 7160, LGC1991);

‣ Certification for the LGU Treasurer that the land transfer tax due on the
transaction has been paid in case of sale, donation, barter or any other mode of
transferring ownership or title of real property (Sec. 135, LGC 1991);

‣ Clearance from Department of Agrarian Reform and Affidavit of Total

Landholdings by the vendee in case of sale of agricultural lands;

‣ An Order fro the DAR Regional Director approving the sale in case the property
sold is covered by an Emancipation Patent;

‣ Duly approved subdivision plan and its corresponding Technical Description where
the property to be titled by virtue of the transaction is a resulting lot of a
subdivision;

‣ Special Power of Attorney - if the transaction is through an agent;

‣ Court Order - if made through a guardians or administrators; and

‣ For Corporations - Secretary’ Certificate or a copy of the Board Resolution

authorizing the transaction (sale, purchase, exchange) designating the officer
authorize to sign the deed.

Performance of the jurisdictional requisites for registration

‣ Entry of the document in the primary entry book;

‣ Payment of entry and registration fees; and

 ‣ Production of the owner’s duplicate of title
Procedure

1. Entry of the document in the primary entry or day book, accompanied by all
supporting documents applicable to the transaction; All supporting documents
applicable to the transaction should also be submitted together with the basic
instruments.

2. Section 56 of PD 1529 require each register of deeds to keep a primary entry book
where all instruments relating to registered land shall be entered in the order of
their reception. Entry in the day book is the preliminary step in registration. The
annotation of memorandum or the issuance of a new certificate of title is the final
step to accomplish registration. While the preliminary step and the final step may
not be accomplished in the same day, this however, is of no consequence because
if actual registration is accomplished its effect retroacts to the date of entry in the
day book. Thus, it has been held that when a sale is registered in the name of the
purchase registration takes effect on the date when the deed was noted in the
entry book and not when final registration was accomplished.

3. To be noted in this book is the date, hour and minute of reception of all
instrument in the order they were received.

4. Payment of the entry and registration fee - Upon entry of the document, the
corresponding entry and registration fees should be paid. In default of payment,
the entry in the primary entry book will ipso fact become null and void.

5. Surrender of the owner’s duplicate certificate and al co-owner’s duplicate if any

had been issued.

1. No voluntary instrument shall be registered by the registry of deeds, unless

the owner’s duplicate certificate is presented with such instruments,

2. Exception in cases expressly provided for in PD 1529 or upon order of the

court, for cause shown.

3. If co-owner’s duplicate certificates has been issued, all outstanding

certificates 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
6. Examination of the document, certificate of title and supporting papers by the
“deeds examiner”.

1. Registrability of an instrument is initially determined by the deeds

examiner of the registry. If the document is found to comply with all
requirements the examiner recommends its registration to the register of
deeds. Otherwise, he recommends denial of registration.

2. The deeds examiner, on his own, is generally not allowed to register or

deny registration.

7. Review by the Register of Deeds of the action taken by the “deeds examiner”.

1. The authority to register or deny registration being lodge with the register
of deeds, he is required to review the action taken by the deeds examiner.

2. He may either adopt, alter, modify or reverse such action depending upon
his own appraisal of registrability of the instrument filed for registration.

8. Registration of the document or denial of registration by the register of deeds.

1. If the register of deeds finds that the document presented complies with all
the requisites for registration, it is his duty to immediately register the
same.

2. 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 P.D. 1529

3. Where the documents conveys the simple title, such as in sales, donations,
barter and other conveyances, the register of deeds shall make out in the
registration book a new certificate of title to the grantee and shall prepared
and deliver to him as owner an owner’s certificate, noting the original and
owner’s 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
owner’s duplicate of the grantor’s certificate shall be stamped “cancelled”.

4. In case the instrument does not divest the ownership or title from the
owner or from the transferee of the registered owner, now new certificate
 of title shall be issued. The instrument creating such interests less than
ownership shall be registered by a brief memorandum thereof made by the
register of deeds upon the certificate of title and signed by him. The
cancellation or extinguishment of such interests shall be registered by a
brief memorandum thereof made the the register of deeds upon the
certificate of the title and signed by him. The cancellation or
extinguishment of such interests shall be registered in the same manner. In
case the conveyance affects only a portion of the land described in the
certificate of title, no new certificate shall also be issued until a plan of the
land showing all the portions or lots into which it has been subdivided and
the corresponding technical descriptions shall have been verified and
approve. The instrument shall only be registered by annotation on the
grantor’s title and its owner’s duplicate. Pending approval of the plan, no
further registration or annotation of any subsequent deed or other
voluntary instrument involving the unsegregated portion conveyed shall be
affected, except where such unsegregated portion was purchase from the
government or any of its instrumentalities.

5. Should there be subsisting encumbrance or annotation on the grantor’s

title, they shall be carried over and stated in the new certificate of title
except so far as they may be simultaneously released or discharged.

REGISTRATION OF INVOLUNTARY INSTRUMENTS

ATTAC HMENT AND EXECUTION

A juridical institution which has for its purpose to secure the outcome of the trial; the chief
purpose is to secure a contingent lien on defendant’s property until plaintiff can, by
appropriate proceedings, obtain a judgment and have a property applied to tis satisfaction or
to make some provision for unsecured debts in case where the means of satisfaction thereof
are liable to be removed beyond the jurisdiction or improperly disposed of or concealed or
otherwise placed beyond he reach of creditors.

• Preliminary Attachment - issued at the institution or the during the progress of an

action commanding the sheriff or other proper officer to attach property rights,
credits or effects of defendant to satisfy the demand of plaintiff; an auxiliary
remedy and cannot have an independent existence apart form the main claim
 • Garnishment - attachment for credits belonging to the judgement debtor and
owing to him from a stranger to the litigation; does not usually involve actual
seizure of the property;

• Levy on execution - is the attachment issued to enforce the writ of execution of a

judgment which has become final and executory.

REGISTRATION OF ATTAC HMENTS AND EXECUTION

• Statutory Provisions is under Section 69 of PD 1529 and Section 7, Rule 57

of the Rules of Court.

• Documents to be Registered

Writ of Attachment or Execution;

Notice of Attachment or levy on the execution; and

Description of the Property;

• Forms and Contents

The Notice of Attachment or levy on execution should contain a reference to

the number of the Certificate of Title, the volume and page of the registration
book where the certificate is registered and the name of the registered owner;
not applicable in case of unregistered lanD.

If the attachment is not claimed on all the land, a description sufficiently

accurate for the identification of the land or interest must be made

• Registration Procedure

1. Entry in the Day Book or Primary Entry Book;

2. Payment of entry and registration fee;

3. A memorandum of the attachment shall be made on the Original of the

Certificate of Title;

4. Indexing - the Register of deeds shall index attachments in the name of the
applicant, the adverse party, and the person by whom the property is held
or in whose name it stands in the records.
 • Effects of Registration

• Notice of the attachment is a notice that the property is taken in the

custody of the law as security for the satisfaction of any judgement;

• Title still be subject to subsequent transaction but subject to the

attachment lien

C ONSULTA

• Consulta or Reference of doubtful matter to the Administrator of Land

Registration.

• “Section 117. P.D. No. 1529 - Procedure - When the Register of Deeds is in doubt
with regards to the proper step to be taken or memorandum to be made in
pursuance to any deed, mortgage, or other instrument presented to him for
registration, or where any party in interest does not agree with the Register of
Deeds with reference to any such instrument, the question shall be submitted to
the Administrator 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 in writing setting forth the
defects of the instrument or legal ground 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 denial of registration to the Administrator of Land Registration upon payment
of a consulta fee in such amount as shall be prescribed by the Administrator 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 Administrator 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 the Registers of
Deeds, provided, that the party in interest who disagrees with the final resolution,
 ruling or order of the Administrator relative to the consultas may appeal to the
Court of Appeals within the period in Republic Act No.5434.”

DEALINGS WITH UNREGISTERED

LANDS
BAC KGROUND

Registration Under Act 3344 - In order to provide for the registration of instruments
affecting unregistered lands, the old Administrative Code in Section 194 established a
system of registration under which all documents, affecting lands not registered under the
Spanish Mortgage Law nor under the Torrens system, be recorded in the land records of the
province or city where the land lies. This section of the Administrative Code was
subsequently amended by Act No. 2837 and later on December 8, 1926, Act No. 3344 was
passed revising to a considerable extent the provisions of the Administrative Code. Rights
acquired under this system are not absolute. By express provision of the governing law they
must yield to better rights. These were again subsequently amended by the provisions of
Section 3 of Presidential Decree 1529 pertinent portion of which are herein quoted, to wit:
The books of registration for unregistered lands provided under Section 194 of the Revised
Administrative Code, as amended by Act 3344, shall continue to remain in force provided all
instruments dealing with unregistered lands shall henceforth be registered under Section
113 of this Decree (Section 3, P.D. 1529)

RECORDING OF INSTRUMENTS REL ATING 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.

• 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.

• 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.

• 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.