MALACAANG with the exception of stenographic notes, within

Manila five days from the filing or issuance thereof.

PRESIDENTIAL DECREE No. 1529 Section 3. Status of other pre-existing land

registration system. The system of registration
AMENDING AND CODIFYING THE LAWS under the Spanish Mortgage Law is hereby
RELATIVE TO REGISTRATION OF discontinued and all lands recorded under said
PROPERTY AND FOR OTHER PURPOSES system which are not yet covered by Torrens
title shall be considered as unregistered lands.
WHEREAS, there is a need to update the Land
Registration Act and to codify the various laws Hereafter, all instruments affecting lands
relative to registration of property, in order to originally registered under the Spanish
facilitate effective implementation of said laws; Mortgage Law may be recorded under Section
113 of this Decree, until the land shall have
WHEREAS, to strengthen the Torrens system, been brought under the operation of the
it is deemed necessary to adopt safeguards to Torrens system.
prevent anomalous titling of real property, and
to streamline and simplify registration The books of registration for unregistered lands
proceedings and the issuance of certificates of provided under Section 194 of the Revised
title; Administrative Code, as amended by Act No.
3344, shall continue to remain in force;
WHEREAS, the decrees promulgated relative provided, that all instruments dealing with
to the registration of certificates of land transfer unregistered lands shall henceforth be
and emancipation patents issued pursuant to registered under Section 113 of this Decree.
Presidential Decree No. 27 to hasten the
implementation of the land reform program of CHAPTER II
the country form an integral part of the property THE LAND REGISTRATION COMMISSION
registration laws; AND ITS REGISTRIES OF DEEDS

NOW, THEREFORE, I, FERDINAND E. Section 4. Land Registration Commission. In

MARCOS, President of the Republic of the order to have a more efficient execution of the
Philippines, by virtue of the powers vested in laws relative to the registration of lands, geared
me by the Constitution, do hereby order and to the massive and accelerated land reform
decree the following: and social justice program of the government,
there is created a commission to be known as
CHAPTER I the Land Registration Commission under the
GENERAL PROVISIONS executive supervision of the Department of
Justice.
Section 1. Title of Decree. This Decree shall
be known as the PROPERTY REGISTRATION Section 5. Officials and employees of the
DECREE. Commission. The Land Registration
Commission shall have a chief and an
Section 2. Nature of registration proceedings; assistant chief to be known, respectively, as
jurisdiction of courts. Judicial proceedings for the Commissioner and the Deputy
the registration of lands throughout the Commissioner of Land Registration who shall
Philippines shall be in rem and shall be based be appointed by the President. The
on the generally accepted principles underlying Commissioner shall be duly qualified member
the Torrens system. of the Philippine Bar with at least ten years of
practice in the legal profession, and shall have
Courts of First Instance shall have exclusive the same rank, compensation and privileges as
jurisdiction over all applications for original those of a Judge of the Court of First Instance.
registration of title to lands, including The Deputy Commissioner, who shall possess
improvements and interests therein, and over the same qualifications as those required of the
all petitions filed after original registration of Commissioner, shall receive compensation
title, with power to hear and determine all which shall be three thousand pesos per
questions arising upon such applications or annum less than that of the Commissioner. He
petitions. The court through its clerk of court shall act as Commissioner of Land Registration
shall furnish the Land Registration Commission during the absence or disability of the
with two certified copies of all pleadings, Commissioner and when there is a vacancy in
exhibits, orders, and decisions filed or issued in the position until another person shall have
applications or petitions for land registration, been designated or appointed in accordance
with law. The Deputy Commissioner shall also court and personnel of the Courts
perform such other functions as the of First Instance throughout the
Commissioner may assign to him. Philippines with respect to the
discharge of their duties and
They shall be assisted by such number of functions in relation to the
division chiefs as may be necessary in the registration of lands;
interest of the functioning of the Commission,
by a Special Assistant to the Commissioner, (e) Implement all orders,
and by a Chief Geodetic Engineer who shall decisions, and decrees
each receive compensation at the rate of three promulgated relative to the
thousand four hundred pesos per annum less registration of lands and issue,
than that of the Deputy Commissioner. subject to the approval of the
Secretary of Justice, all needful
All other officials and employees of the Land rules and regulations therefor;
Registration Commission including those of the
Registries of Deeds whose salaries are not (f) Verify and approve
herein provided, shall receive salaries subdivision, consolidation, and
corresponding to the minimum of their consolidation-subdivision survey
respective upgraded ranges as provided under plans of properties titled under
paragraph 3.1 of Budget Circular No. 273, plus Act No. 496 except those
sixty per centum thereof across the board, covered by P.D. No. 957.
notwithstanding the maximum salary allowed
for their respective civil service eligibilities. (2) The Land Registration Commission
shall have the following functions:
The salaries of officials and employees
provided in this Decree shall be without (a) Extend speedy and effective
prejudice to such benefits and adjustments as assistance to the Department of
may from time to time be granted by the Agrarian Reform, the Land Bank,
President or by the legislature to government and other agencies in the
employees. implementation of the land reform
program of the government;
All officials and employees of the Commission
except Registers of Deeds shall be appointed (b) Extend assistance to courts in
by the Secretary of Justice upon ordinary and cadastral land
recommendation of the Commissioner of Land registration proceedings;
Registration.
(c) Be the central repository of
Section 6. General Functions. records relative to original
registration of lands titled under
(1) The Commissioner of Land the Torrens system, including
Registration shall have the following subdivision and consolidation
functions: plans of titled lands.

(a) Issue decrees of registration Section 7. Office of the Register of

pursuant to final judgments of the Deeds. There shall be at least one Register of
courts in land registration Deeds for each province and one for each city.
proceedings and cause the Every Registry with a yearly average collection
issuance by the Registers of of more than sixty thousand pesos during the
Deeds of the corresponding last three years shall have one Deputy
certificates of title; Register of Deeds, and every Registry with a
yearly average collection of more than three
(b) Exercise supervision and hundred thousand pesos during the last three
control over all Registers of years, shall have one Deputy Register of
Deeds and other personnel of the Deeds and one second Deputy Register of
Commission; Deeds.

(c) Resolve cases elevated en The Secretary of Justice shall define the official
consulta by, or on appeal from station and territorial jurisdiction of each
decision of, Registers of Deeds; Registry upon the recommendation of the
Commissioner of Land Registration, with the
(d) Exercise executive end in view of making every registry easily
supervision over all clerks of
accessible to the people of the neighboring shall be appointed Register of Deeds unless he
municipalities. has been admitted to the practice of law in the
Philippines and shall have been actually
The province or city shall furnish a suitable engaged in such practice for at least three
space or building for the office of the Register years or has been employed for a like period in
of Deeds until such time as the same could be any branch of government the functions of
furnished out of national funds. which include the registration of property.

Section 8. Appointment of Registers of Deeds The Deputy Register of Deeds shall be a

and their Deputies and other subordinate member of the Philippine Bar. Provided,
personnel; salaries. Registers of Deeds shall however, that no Register of Deeds or Deputy
be appointed by the President of the Register of Deeds holding office as such upon
Philippines upon recommendation of the the passage of this Decree shall by reason
Secretary of Justice. Deputy Registers of hereof, be removed from office or be demoted
Deeds and all other subordinate personnel of to a lower category or scale of salary except for
the Registries of Deeds shall be appointed by cause and upon compliance with due process
the Secretary of Justice upon the as provided for by law.
recommendation of the Commissioner of Land
Registration. Section 10. General functions of Registers of
Deeds. The office of the Register of Deeds
The salaries of Registers of Deeds and their constitutes a public repository of records of
Deputies shall be at the following rates: instruments affecting registered or unregistered
lands and chattel mortgages in the province or
(1) First Class Registries The salaries of city wherein such office is situated.
Registers of Deeds in first class
Registries shall be three thousand four It shall be the duty of the Register of Deeds to
hundred pesos per annum less than that immediately register an instrument presented
of the Deputy Commissioner. for registration dealing with real or personal
property which complies with all the requisites
(2) Second Class Registries The for registration. He shall see to it that said
salaries of Registers of Deeds in second instrument bears the proper documentary and
class Registries shall be three thousand science stamps and that the same are properly
four hundred pesos per annum less than canceled. If the instrument is not registerable,
those of Registers of Deeds in first class he shall forthwith deny registration thereof and
Registries. inform the presentor of such denial in writing,
stating the ground or reason therefor, and
(3) Third Class Registries The salaries advising him of his right to appeal by consulta
of Registers of Deeds in third class in accordance with Section 117 of this Decree.
Registries shall be three thousand four
hundred pesos per annum less than Section 11. Discharge of duties of Register of
those of Registers of Deeds in second Deeds in case of vacancy, etc.
class Registries.
(1) Until a regular Register of Deeds
(4) The salaries of Deputy Registers of shall have been appointed for a
Deeds and Second Deputy Registers of province or city, or in case of vacancy in
Deeds shall be three thousand four the office, or upon the occasion of the
hundred pesos per annum less than absence, illness, suspension, or inability
those of their corresponding Registers of the Register of Deeds to discharge
of Deeds and Deputy Registers of his duties, said duties shall be
Deeds, respectively. performed by the following officials, in
the order in which they are mentioned
The Secretary of Justice, upon below, unless the Secretary of Justice
recommendation of the Commissioner of Land designates another official to act
Registration, shall cause the reclassification of temporarily in his place:
Registries based either on work load or the
class of province/city, whichever will result in a (a) For the province or city where
higher classification, for purposes of salary there is a Deputy Register of
adjustments in accordance with the rates Deeds, by said Deputy Register
hereinabove provided. of Deeds, or by the second
Deputy Register of Deeds, should
Section 9. Qualifications of Registers of Deeds there be one;
and Deputy Registers of Deeds. No person
 (b) For the province or city where A. APPLICATIONS
there is no Deputy or second
Deputy Register of Deeds, by the Section 14. Who may apply. The following
Provincial or City Fiscal, or any persons may file in the proper Court of First
Assistant Fiscal designated by Instance an application for registration of title to
the Provincial or City Fiscal; land, whether personally or through their duly
authorized representatives:
(2) In case of absence, disability or
suspension of the Register of Deeds (1) Those who by themselves or through
without pay, or in case of vacancy in the their predecessors-in-interest have been
position, the Secretary of Justice may, in in open, continuous, exclusive and
his discretion, authorize the payment of notorious possession and occupation of
an additional compensation to the alienable and disposable lands of the
official acting as Register of Deeds, public domain under a bona fide claim of
such additional compensation together ownership since June 12, 1945, or
with his actual salary not to exceed the earlier.
salary authorized for the position thus
filled by him. (2) Those who have acquired ownership
of private lands by prescription under
(3) In case of a newly-created province the provision of existing laws.
or city and pending establishment of a
Registry of Deeds and the appointment (3) Those who have acquired ownership
of a regular Register of Deeds for the of private lands or abandoned river beds
new province or city, the Register of by right of accession or accretion under
Deeds of the mother province or city the existing laws.
shall be the ex-officio Register of Deeds
for said new province or city. (4) Those who have acquired ownership
of land in any other manner provided for
Section 12. Owner's Index; reports. There by law.
shall be prepared in every Registry an index
system which shall contain the names of all Where the land is owned in common, all the
registered owners alphabetically arranged. For co-owners shall file the application jointly.
this purpose, an index card which shall be
prepared in the name of each registered owner Where the land has been sold under pacto de
which shall contain a list of all lands registered retro, the vendor a retro may file an application
in his name. for the original registration of the land,
provided, however, that should the period for
The Register of Deeds shall submit to the Land redemption expire during the pendency of the
Registration Commission within ten days after registration proceedings and ownership to the
the month to which they pertain his monthly property consolidated in the vendee a retro, the
reports on collections and accomplishments. latter shall be substituted for the applicant and
He shall also submit to the Commission at the may continue the proceedings.
end of December of each year, an annual
inventory of all titles and instruments in his A trustee on behalf of his principal may apply
Registry. for original registration of any land held in trust
by him, unless prohibited by the instrument
Section 13. Chief Geodetic Engineer. There creating the trust.
shall be a Chief Geodetic Engineer in the Land
Registration Commission who shall be the Section 15. Form and contents. The
technical adviser of the Commission on all application for land registration shall be in
matters involving surveys and shall be writing, signed by the application or the person
responsible to him for all plats, plans and duly authorized in his behalf, and sworn to
works requiring the services of a geodetic before any officer authorized to administer
engineer in said office. He shall perform such oaths for the province or city where the
other functions as may, from time to time, be application was actually signed. If there is more
assigned to him by the Commissioner. than one applicant, the application shall be
signed and sworn to by and in behalf of each.
CHAPTER III The application shall contain a description of
ORIGINAL REGISTRATION the land and shall state the citizenship and civil
status of the applicant, whether single or
I married, and, if married, the name of the wife
ORDINARY REGISTRATION PROCEEDINGS or husband, and, if the marriage has been
legally dissolved, when and how the marriage affecting said land, nor any other person
relation terminated. It shall also state the full having any interest therein, legal or
names and addresses of all occupants of the equitable, or in possession, other than
land and those of the adjoining owners, if as follows:
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: 4. That the applicant/s has/have
acquired said land in the following
manner:
________________________________

(Note: Refer to Sec. 14 of said Decree.

Republic of the Philippines State also whether the property is
Court of First Instance of _________________ conjugal, paraphernal or exclusive
property of the applicant/s)

5. That said land is occupied by the

following person:
The undersigned, _____________________________
_____________________________________ ________________________________
_______________________hereby applies (or ______________
apply) to have the land hereinafter described
brought under the operation of the Property 6. That the names in full and addresses,
Registration Decree, and to have the title as far as known to the undersigned, of
thereto registered and confirmed: the owners of all adjoining properties, of
the persons mentioned in paragraphs 3
AND DECLARE . . . . . and 5, and of the persons shown on the
plan as claimants, are as follows:
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 7. That the applicant/s is/are single or
Decree), together with the building and married to ____________________
improvements thereon, with the (Note: if marriage has been legally
exception of the dissolved, state when and how the
following:________________________ marriage relation
________________________________ terminated.)______________________
__________ which is/are the property of ________________________________
_________________________ residing ___________
at _________________________ The _____________________
said land, consisting of
____________________ parcel/s is/are 8. That the applicant's/s' full name, age,
situated, bounded and described as citizenship, residence, and postal
shown on the plan and technical address/es is/are as follows:
descriptions attached hereto and made ________________________________
a part hereof, with the following ________________________________
exception:________________________ ___
________________________________
___________ 9. That (Note: If the land included in the
application is bounded by a public or
2. That said land at the last assessment private way or road, there should be
for taxation was assessed at P ____, stated in this paragraph whether or not
Philippine currency, and the buildings the applicant claims any and what land
and other improvements at P within the limits of the way or road and
___________, Philippine currency. whether the applicant desires to have
the line of the way or road determined.)
3. That to the best of my/our knowledge ________________________________
and belief, there is no mortgage or ________
encumbrance of any kind whatsoever ___________________________
10. That the following documents are
attached hereto and made a part hereof:
________________________________ Section 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
Signed at ___________________ this residing in the Philippines, giving his full name
_____________________ day of and postal address, and shall therein agree
____________________, in the year that the service of any legal process in the
nineteen hundred and 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
Applicant
substitute, and, if he fails to do so the court
may dismiss the application.

_________________________ Section 17. What and where to file. The

(Post Office Address) 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
REPUBLIC OF THE PHILIPPINES and a survey plan of the land approved by the
PROVINCE (OR CITY) OF 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
On this _______________ day of of the application and all annexes.
_________________________,19
________ personally appeared before Section 18. Application covering two or more
me the above- named parcels. An application may include two or
________________________________ more parcels of land belonging to the
__________________ known to me to applicant/s provided they are situated within
be the person/s who executed the the same province or city. The court may at any
foregoing application and made oath time order an application to be amended by
that the statements therein are true of striking out one or more of the parcels or by a
his/their knowledge, information and severance of the application.
belief.
Section 19. Amendments. Amendments to the
The Residence Certificate/s application including joinder, substitution, or
______________________ of the discontinuance as to parties may be allowed by
applicant/s ______________ was/were the court at any stage of the proceedings upon
exhibited to me being No. just and reasonable terms.
_________________ issued at
___________________ dated Amendments which shall consist in a
____________, 19 __________. 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.
________________________
Section 20. When land applied for borders on
(Notaryroad. If the
Public, application
or other Officerdescribes the land as
bounded
authorized by a public
to administer or private way or road, it
oaths)
shall state whether or not the applicant claims
PTR NO.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 all persons concerned to appear in court
road determined. at a certain date and time to show cause
why the prayer of said application shall
Section 21. Requirement of additional facts not be granted.
and papers; ocular inspection. The court may
require facts to be stated in the application in 2. By mailing.
addition to those prescribed by this Decree not
inconsistent therewith and may require the (a) Mailing of notice to persons
filing of any additional paper. It may also named in the application. The
conduct an ocular inspection, if necessary. Commissioner of Land
Registration shall also, within
Section 22. Dealings with land pending seven days after publication of
original registration. After the filing of the said notice in the Official Gazette,
application and before the issuance of the as hereinbefore provided, cause
decree of registration, the land therein a copy of the notice of initial
described may still be the subject of dealings in hearing to be mailed to every
whole or in part, in which case the interested person named in the notice
party shall present to the court the pertinent whose address is known.
instruments together with a subdivision plan
approved by the Director of Lands in case of (b) Mailing of notice to the
transfer of portions thereof and the court, after Secretary of Public Highways, the
notice to the parties, shall order such land Provincial Governor and the
registered subject to the conveyance or Mayor. If the applicant requests
encumbrance created by said instruments, or to have the line of a public way or
order that the decree of registration be issued road determined, the
in the name of the person to whom the Commissioner of Land
property has been conveyed by said Registration shall cause a copy of
instruments. said notice of initial hearing to be
mailed to the Secretary of Public
B. PUBLICATION, OPPOSITION AND Highways, to the Provincial
DEFAULT Governor, and to the Mayor of the
municipality or city, as the case
Section 23. Notice of initial hearing, may be, in which the land lies.
publication, etc. The court shall, within five
days from filing of the application, issue an (c) Mailing of notice to the
order setting the date and hour of the initial Secretary of Agrarian Reform, the
hearing which shall not be earlier than forty-five Solicitor General, the Director of
days nor later than ninety days from the date of Lands, the Director of Public
the order. Works, the Director of Forest
Development, the Director of
The public shall be given notice of the initial Mines and the Director of
hearing of the application for land registration Fisheries and Aquatic Resources.
by means of (1) publication; (2) mailing; and (3) If the land borders on a river,
posting. navigable stream or shore, or on
an arm of the sea where a river
1. By publication. or harbor line has been
established, or on a lake, or if it
Upon receipt of the order of the court otherwise appears from the
setting the time for initial hearing, the application or the proceedings
Commissioner of Land Registration shall that a tenant-farmer or the
cause notice of initial hearing to be national government may have a
published once in the Official Gazette claim adverse to that of the
and once in a newspaper of general applicant, notice of the initial
circulation in the Philippines: Provided, hearing shall be given in the
however, that the publication in the same manner to the Secretary of
Official Gazette shall be sufficient to Agrarian Reform, the Solicitor
confer jurisdiction upon the court. Said General, the Director of Lands,
notice shall be addressed to all persons the Director of Mines and/or the
appearing to have an interest in the land Director of Fisheries and Aquatic
involved including the adjoining owners Resources, as may be
so far as known, and "to all whom it may appropriate.
concern". Said notice shall also require
 3. By posting. thereafter you will forever be barred from
contesting said application (or petition) or any
The Commissioner of Land Registration decree entered thereon.
shall also cause a duly attested copy of
the notice of initial hearing to be posted Witness, the Hon.
by the sheriff of the province or city, as ________________________ Judge of the
the case may be, or by his deputy, in a Court of First Instance of _______ this
conspicuous place on each parcel of _______ day of _________________, in the
land included in the application and also year 19______.
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. Attest:

The court may also cause notice to be Commi

served to such other persons and in ssione
such manner as it may deem proper. r of
Land
The notice of initial hearing shall, in Registr
form, be substantially as follows: ation

(Caption and Title)

NOTICE OF INITIAL HEARING Section 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
To (here insert the names of all persons be filed in the case before the date of initial
appearing to have an interest and the adjoining hearing, and shall be conclusive proof of such
owners so far as known, and to all whom it fact.
may concern):
Section 25. Opposition to application in
An application (or petition) having been filed in ordinary proceedings. Any person claiming an
the above-entitled case by (full name and interest, whether named in the notice or not,
address) praying for the registration and may appear and file an opposition on or before
confirmation (or for the settlement and the date of initial hearing, or within such further
adjudication, in case of petition in cadastral time as may be allowed by the court. The
proceedings) of title to the following described opposition shall state all the objections to the
lands: 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.
(Insert description)
If the opposition or the adverse claim of any
You are hereby served this notice to appear person covers only a portion of the lot and said
before this Court at its session to be held at portion is not properly delimited on the plan
_________________ on the ______________ attached to the application, or in case of
day of _______________, 19 ______, at undivided co-ownership, conflicting claims of
_____________ o'clock in the _________ then ownership or possession, or overlapping of
and there to present such claims as you may boundaries, the court may require the parties
have to said lands or any portion thereof, and to submit a subdivision plan duly approved by
to submit evidence in support of such claim; the Director of Lands.
and unless you appear at said Court at the
time and place aforesaid, your default will be Section 26. Order of default; effect. If no
recorded and the title to the lands will be person appears and answers within the time
adjudicated and determined in accordance with allowed, the court shall, upon motion of the
law and the evidence before the Court, and applicant, no reason to the contrary appearing,
order a default to be recorded and require the proceedings becomes final upon the expiration
applicant to present evidence. By the of thirty days to be counted from the data of
description in the notice "To all Whom It May receipt of notice of the judgment. An appeal
Concern", all the world are made parties may be taken from the judgment of the court as
defendant and shall be concluded by the in ordinary civil cases.
default order.
After judgment has become final and
Where an appearance has been entered and executory, it shall devolve upon the court to
an answer filed, a default order shall be forthwith issue an order in accordance with
entered against persons who did not appear Section 39 of this Decree to the Commissioner
and answer. for the issuance of the decree of registration
and the corresponding certificate of title in
C. HEARING JUDGMENT AND DECREE OF favor of the person adjudged entitled to
REGISTRATION registration.

Section 27. Speedy hearing; reference to a Section 31. Decree of registration. Every
referee. The trial court shall see to it that all decree of registration issued by the
registration-proceedings are disposed or within Commissioner shall bear the date, hour and
ninety days from the date the case is submitted minute of its entry, and shall be signed by him.
for decision, It shall state whether the owner is married or
unmarried, and if married, the name of the
The Court, if it deems necessary, may refer the husband or wife: Provided, however, that if the
case or any part thereof to a referee who shall land adjudicated by the court is conjugal
hear the parties and their evidence, and the property, the decree shall be issued in the
referee shall submit his report thereon to the name of both spouses. If the owner is under
Court within fifteen days after the termination of disability, it shall state the nature of disability,
such hearing. Hearing before a referee may be and if a minor, his age. It shall contain a
held at any convenient place within the description of the land as finally determined by
province or city as may be fixed by him and the court, and shall set forth the estate of the
after reasonable notice thereof shall have been owner, and also, in such manner as to show
served the parties concerned. The court may their relative priorities, all particular estates,
render judgment in accordance with the report mortgages, easements, liens, attachments,
as though the facts have been found by the and other encumbrances, including rights of
judge himself: Provided, however, that the tenant-farmers, if any, to which the land or
court may in its discretion accept the report, or owner's estate is subject, as well as any other
set it aside in whole or in part, or order the matters properly to be determined in
case to be recommitted for further pursuance of this Decree.
proceedings:
The decree of registration shall bind the land
Section 28. Partial judgment. In a case where and quiet title thereto, subject only to such
only a portion of the land subject of registration exceptions or liens as may be provided by law.
is contested, the court may render partial It shall be conclusive upon and against all
judgment provided that a subdivision plan persons, including the National Government
showing the contested and uncontested and all branches thereof, whether mentioned
portions approved by the Director of Lands is by name in the application or notice, the same
previously submitted to said court. being included in the general description "To all
whom it may concern".
Section 29. Judgment confirming title. All
conflicting claims of ownership and interest in Section 32. Review of decree of registration;
the land subject of the application shall be Innocent purchaser for value. The decree of
determined by the court. If the court, after registration shall not be reopened or revised by
considering the evidence and the reports of the reason of absence, minority, or other disability
Commissioner of Land Registration and the of any person adversely affected thereby, nor
Director of Lands, finds that the applicant or by any proceeding in any court for reversing
the oppositor has sufficient title proper for judgments, subject, however, to the right of any
registration, judgment shall be rendered person, including the government and the
confirming the title of the applicant, or the branches thereof, deprived of land or of any
oppositor, to the land or portions thereof. estate or interest therein by such adjudication
or confirmation of title obtained by actual fraud,
Section 30. When judgment becomes final; to file in the proper Court of First Instance a
duty to cause issuance of decree. The petition for reopening and review of the decree
judgment rendered in a land registration of registration not later than one year from and
after the date of the entry of such decree of be posted in a conspicuous place on the
registration, but in no case shall such petition bulletin board of the municipal building
be entertained by the court where an innocent of the municipality in which the lands or
purchaser for value has acquired the land or an any portion thereof is situated. A copy of
interest therein, whose rights may be the notice shall also be sent to the
prejudiced. Whenever the phrase "innocent mayor of such municipality as well as to
purchaser for value" or an equivalent phrase the barangay captain and likewise to the
occurs in this Decree, it shall be deemed to Sangguniang Panlalawigan and the
include an innocent lessee, mortgagee, or Sangguniang Bayan concerned.
other encumbrancer for value.
(c) The Geodetic Engineers or other
Upon the expiration of said period of one year, employees of the Bureau of Lands in
the decree of registration and the certificate of charge of the survey shall give notice
title issued shall become incontrovertible. Any reasonably in advance of the date on
person aggrieved by such decree of which the survey of any portion of such
registration in any case may pursue his remedy lands is to begin, which notice shall be
by action for damages against the applicant or posted in the bulletin board of the
any other persons responsible for the fraud. municipal building of the municipality or
barrio in which the lands are situated,
Section 33. Appeal from judgment, etc. The and shall mark the boundaries of the
judgment and orders of the court hearing the lands by monuments set up in proper
land registration case are appealable to the places thereon. It shall be lawful for
Court of Appeals or to the Supreme Court in such Geodetic Engineers and other
the same manner as in ordinary actions: employees to enter upon the lands
whenever necessary for the purposes of
Section 34. Rules of procedure. The Rules of such survey or the placing of
Court shall, insofar as not inconsistent with the monuments.
provision of this Decree, be applicable to land
registration and cadastral cases by analogy or (d) It shall be the duty of every person
in a suppletory character and whenever claiming an interest in the lands to be
practicable and convenient. surveyed, or in any parcel thereof, to
communicate with the Geodetic
II Engineer upon his request therefor all
CADASTRAL REGISTRATION information possessed by such person
PROCEEDINGS concerning the boundary lines of any
lands to which he claims title or in which
A. ORDER FOR SPEEDY SETTLEMENT AND he claims any interest.
ADJUDICATION; SURVEY; NOTICES
(e) Any person who shall willfully
Section 35. Cadastral Survey preparatory to obstruct the making of any survey
filing of petition. undertaken by the Bureau of Lands or
by a licensed Geodetic Engineer duly
(a) When in the opinion of the President authorized to conduct the survey under
of the Philippines public interest so this Section, or shall maliciously
requires that title to any unregistered interfere with the placing of any
lands be settled and adjudicated, he monument or remove such monument,
may to this end direct and order the or shall destroy or remove any notice of
Director of Lands to cause to be made a survey posted on the land pursuant to
cadastral survey of the lands involved law, shall be punished by a fine of not
and the plans and technical description more than one thousand pesos or by
thereof prepared in due form. imprisonment for not more than one
year, or both.
(b) Thereupon, the Director of Lands
shall give notice to persons claiming any B. PETITION; LOT NUMBERS
interest in the lands as well as to the
general public, of the day on which such Section 36. Petition for registration. When the
survey will begin, giving as fully and lands have been surveyed or plotted, the
accurately as possible the description of Director of Lands, represented by the Solicitor
the lands to be surveyed. Such notice General, shall institute original registration
shall be punished once in the Official proceedings by filing the necessary petition in
Gazette, and a copy of the notice in the Court of First Instance of the place where
English or the national language shall the land is situated against the holders,
claimants, possessors, or occupants of such (a) The age of the claimant;
lands or any part thereof, stating in substance
that public interest requires that the title to such (b) The cadastral number of the lot or
lands be settled and adjudicated and praying lots claimed, as appearing on the plan
that such titles be so settled and adjudicated: filed in the case by the Director of
Lands, or the block and lot numbers, as
The petition shall contain a description of the the case may be;
lands and shall be accompanied by a plan
thereof, and may contain such other data as (c) The name of the barrio and
may serve to furnish full notice to the municipality in which the lots are
occupants of the lands and to all persons who situated;
may claim any right or interest therein.
(d) The names and addresses of the
Where the land consists of two or more parcels owners of the adjoining lots so far as
held or occupied by different persons, the plan known to the claimant;
shall indicate the boundaries or limits of the
various parcels as accurately as possible. The (e) If the claimant is in possession of the
parcels shall be known as "lots" and shall on lots claimed and can show no express
the plan filed in the case be given separate grant of the land by the government to
numbers by the Director of Lands, which him or to his predecessors-in-interest,
numbers shall be known as "cadastral lot the answer shall state the length of time
numbers". The lots situated within each he has held such possession and the
municipality shall, as far as practicable, be manner in which it has been acquired,
numbered consecutively beginning with and shall also state the length of time,
number "one", and only one series of numbers as far as known, during which the
shall be used for that purpose in each predecessors, if any, held possession;
municipality. However in cities or townsites, a
designation of the landholdings by blocks and (f) If the claimant is not in possession or
lot numbers may be employed instead of the occupation of the land, the answer shall
designation by cadastral lot numbers. fully set forth the interest claimed by him
and the time and manner of his
The cadastral number of a lot shall not be acquisition;
changed after final decision has been entered
decreasing the registration thereof, except by (g) if the lots have been assessed for
order of court. Future subdivisions of any lot taxation, their last assessed value; and
shall be designated by a letter or letters of the
alphabet added to the cadastral number of the (h) The encumbrances, if any, affecting
lot to which the respective subdivisions pertain. the lots and the names of adverse
The letter with which a subdivision is claimants, as far as known.
designated shall be known as its "cadastral
letter": Provided, however, that the subdivisions D. HEARING; JUDGMENT; DECREE
of cities or townsites may be designated by
blocks and lot numbers. Section 38. Hearing, Judgment, Decree. The
trial of the case may occur at any convenient
C. ANSWER place within the province in which the lands are
situated and shall be conducted, and orders for
Section 37. Answer to petition in cadastral default and confessions entered, in the same
proceedings. Any claimant in cadastral manner as in ordinary land registration
proceedings, whether named in the notice or proceedings and shall be governed by the
not, shall appear before the court by himself or same rules. All conflicting interests shall be
by some other authorized person in his behalf, adjudicated by the court and decrees awarded
and shall file an answer on or before the date in favor of the persons entitled to the lands or
of initial hearing or within such further time as to parts thereof and such decrees shall be the
may be allowed by the court. The answer shall basis for issuance of original certificates of title
be signed and sworn to by the claimant or by in favor of said persons and shall have the
some other authorized person in his behalf, same effect as certificates of title granted on
and shall state whether the claimant is married application for registration of land under
or unmarried, and if married, the name of the ordinary land registration proceedings.
spouse and the date of marriage, his
nationality, residence and postal address, and CHAPTER IV
shall also contain: CERTIFICATE OF TITLE
Section 39. Preparation of decree and Section 42. Registration Books. The original
Certificate of Title. After the judgment directing copy of the original certificate of title shall be
the registration of title to land has become final, filed in the Registry of Deeds. The same shall
the court shall, within fifteen days from entry of be bound in consecutive order together with
judgment, issue an order directing the similar certificates of title and shall constitute
Commissioner to issue the corresponding the registration book for titled properties.
decree of registration and certificate of title.
The clerk of court shall send, within fifteen Section 43. Transfer Certificate of Title. The
days from entry of judgment, certified copies of subsequent certificate of title that may be
the judgment and of the order of the court issued by the Register of Deeds pursuant to
directing the Commissioner to issue the any voluntary or involuntary instrument relating
corresponding decree of registration and to the same land shall be in like form, entitled
certificate of title, and a certificate stating that "Transfer Certificate of Title", and likewise
the decision has not been amended, issued in duplicate. The certificate shall show
reconsidered, nor appealed, and has become the number of the next previous certificate
final. Thereupon, the Commissioner shall covering the same land and also the fact that it
cause to be prepared the decree of registration was originally registered, giving the record
as well as the original and duplicate of the number, the number of the original certificate of
corresponding original certificate of title. The title, and the volume and page of the
original certificate of title shall be a true copy of registration book in which the latter is found.
the decree of registration. The decree of
registration shall be signed by the Section 44. Statutory liens affecting title. Every
Commissioner, entered and filed in the Land registered owner receiving a certificate of title
Registration Commission. The original of the in pursuance of a decree of registration, and
original certificate of title shall also be signed every subsequent purchaser of registered land
by the Commissioner and shall be sent, taking a certificate of title for value and in good
together with the owner's duplicate certificate, faith, shall hold the same free from all
to the Register of Deeds of the city or province encumbrances except those noted in said
where the property is situated for entry in his certificate and any of the following
registration book. encumbrances which may be subsisting,
namely:
Section 40. Entry of Original Certificate of
Title. Upon receipt by the Register of Deeds of First. Liens, claims or rights arising or
the original and duplicate copies of the original existing under the laws and Constitution
certificate of title the same shall be entered in of the Philippines which are not by law
his record book and shall be numbered, dated, required to appear of record in the
signed and sealed by the Register of Deeds Registry of Deeds in order to be valid
with the seal of his office. Said certificate of title against subsequent purchasers or
shall take effect upon the date of entry thereof. encumbrancers of record.
The Register of Deeds shall forthwith send
notice by mail to the registered owner that his Second. Unpaid real estate taxes levied
owner's duplicate is ready for delivery to him and assessed within two years
upon payment of legal fees. immediately preceding the acquisition of
any right over the land by an innocent
Section 41. Owner's duplicate certificate of purchaser for value, without prejudice to
title. The owner's duplicate certificate of title the right of the government to collect
shall be delivered to the registered owner or to taxes payable before that period from
his duly authorized representative. If two or the delinquent taxpayer alone.
more persons are registered owners, one
owner's duplicate certificate may be issued for Third. Any public highway or private way
the whole land, or if the co-owners so desire, a established or recognized by law, or any
separate duplicate may be issued to each of government irrigation canal or lateral
them in like form, but all outstanding thereof, if the certificate of title does not
certificates of title so issued shall be state that the boundaries of such
surrendered whenever the Register of Deeds highway or irrigation canal or lateral
shall register any subsequent voluntary thereof have been determined.
transaction affecting the whole land or part
thereof or any interest therein. The Register of Fourth. Any disposition of the property
Deeds shall note on each certificate of title a or limitation on the use thereof by virtue
statement as to whom a copy thereof was of, or pursuant to, Presidential Decree
issued. No. 27 or any other law or regulations
on agrarian reform.
Section 45. Statement of personal parcels thereof, may also file a written request
circumstances in the certificate. Every with the Register of Deeds concerned, and the
certificate of title shall set forth the full names latter, upon the surrender of the owner's
of all persons whose interests make up the full duplicates, shall cancel them together with
ownership in the whole land, including their their originals, and issue in lieu thereof one or
civil status, and the names of their respective separate certificates as desired.
spouses, if married, as well as their citizenship,
residence and postal address. If the property Section 50. Subdivision and consolidation
covered belongs to the conjugal partnership, it plans. Any owner subdividing a tract of
shall be issued in the names of both spouses. registered land into lots which do not constitute
a subdivision project has defined and provided
Section 46. General incidents of registered for under P.D. No. 957, shall file with the
land. Registered land shall be subject to such Commissioner of Land Registration or with the
burdens and incidents as may arise by Bureau of Lands a subdivision plan of such
operation of law. Nothing contained in this land on which all boundaries, streets,
decree shall in any way be construed to relieve passageways and waterways, if any, shall be
registered land or the owners thereof from any distinctly and accurately delineated.
rights incident to the relation of husband and
wife, landlord and tenant, or from liability to If a subdivision plan, be it simple or complex,
attachment or levy on execution, or from duly approved by the Commissioner of Land
liability to any lien of any description Registration or the Bureau of Lands together
established by law on the land and the with the approved technical descriptions and
buildings thereon, or on the interest of the the corresponding owner's duplicate certificate
owner in such land or buildings, or to change of title is presented for registration, the
the laws of descent, or the rights of partition Register of Deeds shall, without requiring
between co-owners, or the right to take the further court approval of said plan, register the
same by eminent domain, or to relieve such same in accordance with the provisions of the
land from liability to be recovered by an Land Registration Act, as amended: Provided,
assignee in insolvency or trustee in however, that the Register of Deeds shall
bankcruptcy under the laws relative to annotate on the new certificate of title covering
preferences, or to change or affect in any way the street, passageway or open space, a
other rights or liabilities created by law and memorandum to the effect that except by way
applicable to unregistered land, except as of donation in favor of the national government,
otherwise provided in this Decree. province, city or municipality, no portion of any
street, passageway, waterway or open space
Section 47. Registered land not subject to so delineated on the plan shall be closed or
prescriptions. No title to registered land in otherwise disposed of by the registered owner
derogation of the title of the registered owner without the approval of the Court of First
shall be acquired by prescription or adverse Instance of the province or city in which the
possession. land is situated.

Section 48. Certificate not subject to collateral A registered owner desiring to consolidate
attack. A certificate of title shall not be subject several lots into one or more, requiring new
to collateral attack. It cannot be altered, technical descriptions, shall file with the Land
modified, or canceled except in a direct Registration Commission, a consolidation plan
proceeding in accordance with law. on which shall be shown the lots to be affected,
as they were before, and as they will appear
Section 49. Splitting, or consolidation of after the consolidation. Upon the surrender of
titles. A registered owner of several distinct the owner's duplicate certificates and the
parcels of land embraced in and covered by a receipt of consolidation plan duty approved by
certificate of title desiring in lieu thereof the Commission, the Register of Deeds
separate certificates, each containing one or concerned shall cancel the corresponding
more parcels, may file a written request for that certificates of title and issue a new one for the
purpose with the Register of Deeds concerned, consolidated lots.
and the latter, upon the surrender of the
owner's duplicate, shall cancel it together with The Commission may not order or cause any
its original and issue in lieu thereof separate change, modification, or amendment in the
certificates as desired. A registered owner of contents of any certificate of title, or of any
several distinct parcels of land covered by decree or plan, including the technical
separate certificates of title desiring to have in description therein, covering any real property
lieu thereof a single certificate for the whole registered under the Torrens system, nor order
land, or several certificates for the different the cancellation of the said certificate of title
and the issuance of a new one which would memorandum shall be binding upon the
result in the enlargement of the area covered registered owner and upon all persons claiming
by the certificate of title. under him, in favor of every purchaser for value
and in good faith.
CHAPTER V
SUBSEQUENT REGISTRATION In all cases of registration procured by fraud,
the owner may pursue all his legal and
I equitable remedies against the parties to such
VOLUNTARY DEALINGS WITH fraud without prejudice, however, to the rights
REGISTERED LANDS of any innocent holder for value of a certificate
of title. After the entry of the decree of
GENERAL PROVISIONS registration on the original petition or
application, any subsequent registration
Section 51. Conveyance and other dealings procured by the presentation of a forged
by registered owner. An owner of registered duplicate certificate of title, or a forged deed or
land may convey, mortgage, lease, charge or other instrument, shall be null and void.
otherwise deal with the same in accordance
with existing laws. He may use such forms of Section 54. Dealings less than ownership,
deeds, mortgages, leases or other voluntary how registered. No new certificate shall be
instruments as are sufficient in law. But no entered or issued pursuant to any instrument
deed, mortgage, lease, or other voluntary which does not divest the ownership or title
instrument, except a will purporting to convey from the owner or from the transferee of the
or affect registered land shall take effect as a registered owners. All interests in registered
conveyance or bind the land, but shall operate land less than ownership shall be registered by
only as a contract between the parties and as filing with the Register of Deeds the instrument
evidence of authority to the Register of Deeds which creates or transfers or claims such
to make registration. interests and by a brief memorandum thereof
made by the Register of Deeds upon the
The act of registration shall be the operative certificate of title, and signed by him. A similar
act to convey or affect the land insofar as third memorandum shall also be made on the
persons are concerned, and in all cases under owner's duplicate. The cancellation or
this Decree, the registration shall be made in extinguishment of such interests shall be
the office of the Register of Deeds for the registered in the same manner.
province or city where the land lies.
Section 55. Grantee's name, nationality, etc.,
Section 52. Constructive notice upon to be stated. Every deed or other voluntary
registration. Every conveyance, mortgage, instrument presented for registration shall
lease, lien, attachment, order, judgment, contain or have endorsed upon it the full name,
instrument or entry affecting registered land nationality, residence and postal address of the
shall, if registered, filed or entered in the office grantee or other person acquiring or claiming
of the Register of Deeds for the province or city an interest under such instrument, and every
where the land to which it relates lies, be deed shall also state whether the grantee is
constructive notice to all persons from the time married or unmarried, and if married, the name
of such registering, filing or entering. in full of the husband or wife. If the grantee is a
corporation or association, the instrument must
Section 53. Presentation of owner's duplicate contain a recital to show that such corporation
upon entry of new certificate. No voluntary or association is legally qualified to acquire
instrument shall be registered by the Register private lands. Any change in the residence or
of Deeds, unless the owner's duplicate postal address of such person shall be
certificate is presented with such instrument, endorsed by the Register of Deeds on the
except in cases expressly provided for in this original copy of the corresponding certificate of
Decree or upon order of the court, for cause title, upon receiving a sworn statement of such
shown. change. All names and addresses shall also be
entered on all certificates.
The production of the owner's duplicate
certificate, whenever any voluntary instrument Notices and processed issued in relation to
is presented for registration, shall be registered land in pursuance of this Decree
conclusive authority from the registered owner may be served upon any person in interest by
to the Register of Deeds to enter a new mailing the same to the addresses given, and
certificate or to make a memorandum of shall be binding, whether such person resides
registration in accordance with such within or without the Philippines, but the court
instrument, and the new certificate or may, in its discretion, require further or other
notice to be given in any case, if in its opinion registered and a reference by number to the
the interest of justice so requires. last preceding certificate. The original and the
owner's duplicate of the grantor's certificate
Section 56. Primary Entry Book; fees; certified shall be stamped "canceled". The deed of
copies. Each Register of Deeds shall keep a conveyance shall be filled and indorsed with
primary entry book in which, upon payment of the number and the place of registration of the
the entry fee, he shall enter, in the order of certificate of title of the land conveyed.
their reception, all instruments including copies
of writs and processes filed with him relating to Section 58. Procedure where conveyance
registered land. He shall, as a preliminary involves portion of land. If a deed or
process in registration, note in such book the conveyance is for a part only of the land
date, hour and minute of reception of all described in a certificate of title, the Register of
instruments, in the order in which they were Deeds shall not enter any transfer certificate to
received. They shall be regarded as registered the grantee until a plan of such land showing
from the time so noted, and the memorandum all the portions or lots into which it has been
of each instrument, when made on the subdivided and the corresponding technical
certificate of title to which it refers, shall bear descriptions shall have been verified and
the same date: Provided, that the national approved pursuant to Section 50 of this
government as well as the provincial and city Decree. Meanwhile, such deed may only be
governments shall be exempt from the annotated by way of memorandum upon the
payment of such fees in advance in order to be grantor's certificate of title, original and
entitled to entry and registration. duplicate, said memorandum to serve as a
notice to third persons of the fact that certain
Every deed or other instrument, whether unsegregated portion of the land described
voluntary or involuntary, so filed with the therein has been conveyed, and every
Register of Deeds shall be numbered and certificate with such memorandum shall be
indexed and endorsed with a reference to the effectual for the purpose of showing the
proper certificate of title. All records and papers grantee's title to the portion conveyed to him,
relative to registered land in the office of the pending the actual issuance of the
Register of Deeds shall be open to the public in corresponding certificate in his name.
the same manner as court records, subject to
such reasonable regulations as the Register of Upon the approval of the plan and technical
Deeds, under the direction of the descriptions, the original of the plan, together
Commissioner of Land Registration, may with a certified copy of the technical
prescribe. descriptions shall be filed with the Register of
Deeds for annotation in the corresponding
All deeds and voluntary instruments shall be certificate of title and thereupon said officer
presented with their respective copies and shall issue a new certificate of title to the
shall be attested and sealed by the Register of grantee for the portion conveyed, and at the
Deeds, endorsed with the file number, and same time cancel the grantor's certificate
copies may be delivered to the person partially with respect only to said portion
presenting them. conveyed, or, if the grantor so desires, his
certificate may be canceled totally and a new
Certified copies of all instruments filed and one issued to him describing therein the
registered may also be obtained from the remaining portion: Provided, however, that
Register of Deeds upon payment of the pending approval of said plan, no further
prescribed fees. registration or annotation of any subsequent
deed or other voluntary instrument involving
(A) CONVEYANCES AND TRANSFERS the unsegregated portion conveyed shall be
effected by the Register of Deeds, except
Section 57. Procedure in registration of where such unsegregated portion was
conveyances. An owner desiring to convey his purchased from the Government or any of its
registered land in fee simple shall execute and instrumentalities. If the land has been
register a deed of conveyance in a form subdivided into several lots, designated by
sufficient in law. The Register of Deeds shall numbers or letters, the Register of Deeds may,
thereafter make out in the registration book a if desired by the grantor, instead of canceling
new certificate of title to the grantee and shall the latter's certificate and issuing a new one to
prepare and deliver to him an owner's duplicate the same for the remaining unconveyed lots,
certificate. The Register of Deeds shall note enter on said certificate and on its owner's
upon the original and duplicate certificate the duplicate a memorandum of such deed of
date of transfer, the volume and page of the conveyance and of the issuance of the transfer
registration book in which the new certificate is certificate to the grantee for the lot or lots thus
conveyed, and that the grantor's certificate is canceled, and a new certificate issued in the
canceled as to such lot or lots. name of the purchaser.

Section 59. Carry over of encumbrances. If, at Where the right of redemption exists,
the time of any transfer, subsisting the certificate of title of the mortgagor
encumbrances or annotations appear in the shall not be canceled, but the certificate
registration book, they shall be carried over of sale and the order confirming the sale
and stated in the new certificate or certificates; shall be registered by a brief
except so far as they may be simultaneously memorandum thereof made by the
released or discharged. Register of Deeds upon the certificate of
title. In the event the property is
(B) MORTGAGES AND LEASES redeemed, the certificate or deed of
redemption shall be filed with the
Section 60. Mortgage or lease of registered Register of Deeds, and a brief
land. Mortgage and leases shall be registered memorandum thereof shall be made by
in the manner provided in Section 54 of this the Register of Deeds on the certificate
Decree. The owner of registered land may of title of the mortgagor.
mortgage or lease it by executing the deed in a
form sufficient in law. Such deed of mortgage If the property is not redeemed, the final
or lease and all instruments which assign, deed of sale executed by the sheriff in
extend, discharge or otherwise deal with the favor of the purchaser at a foreclosure
mortgage or lease shall be registered, and sale shall be registered with the
shall take effect upon the title only from time of Register of Deeds; whereupon the title
registration. of the mortgagor shall be canceled, and
a new certificate issued in the name of
No mortgagee's or lessee's duplicate certificate the purchaser.
of title shall hereafter be issued by the
Registers of Deeds, and those issued prior to (b) If the mortgage was foreclosed
the effectivity of this Decree are hereby extrajudicially, a certificate of sale
deemed canceled and the holders thereof shall executed by the officer who conducted
immediately surrender the same to the the sale shall be filed with the Register
Register of Deeds concerned. of Deeds who shall make a brief
memorandum thereof on the certificate
Section 61. Registration. Upon presentation of title.
for registration of the deed of mortgage or
lease together with the owner's duplicate, the In the event of redemption by the
Register of Deeds shall enter upon the original mortgagor, the same rule provided for in
of the certificate of title and also upon the the second paragraph of this section
owner's duplicate certificate a memorandum shall apply.
thereof, the date and time of filing and the file
number assigned to the deed, and shall sign In case of non-redemption, the
the said memorandum. He shall also note on purchaser at foreclosure sale shall file
the deed the date and time of filing and a with the Register of Deeds, either a final
reference to the volume and page of the deed of sale executed by the person
registration book in which it is registered. authorized by virtue of the power of
attorney embodied in the deed of
Section 62. Discharge or cancellation. A mortgage, or his sworn statement
mortgage or lease on registered land may be attesting to the fact of non-redemption;
discharge or canceled by means of an whereupon, the Register of Deeds shall
instrument executed by the mortgage or lessee issue a new certificate in favor of the
in a form sufficient in law, which shall be filed purchaser after the owner's duplicate of
with the Register of Deeds who shall make the the certificate has been previously
appropriate memorandum upon the certificate delivered and canceled.
of title.
(C) POWERS OF ATTORNEY; TRUSTS
Section 63. Foreclosure of Mortgage. (a) If the
mortgage was foreclosed judicially, a certified Section 64. Power of attorney. Any person
copy of the final order of the court confirming may, by power of attorney, convey or otherwise
the sale shall be registered with the Register of deal with registered land and the same shall be
Deeds. If no right of redemption exists, the registered with the Register of Deeds of the
certificate of title of the mortgagor shall be province or city where the land lies. Any
instrument revoking such power of attorney II
shall be registered in like manner. INVOLUNTARY DEALINGS

Section 65. Trusts in registered land. If a deed Section 69. Attachments. An attachment, or a
or other instrument is filed in order to transfer copy of any writ, order or process issued by a
registered land in trust, or upon any equitable court of record, intended to create or preserve
condition or limitation expressed therein, or to any lien, status, right, or attachment upon
create or declare a trust or other equitable registered land, shall be filed and registered in
interests in such land without transfer, the the Registry of Deeds for the province or city in
particulars of the trust, condition, limitation or which the land lies, and, in addition to the
other equitable interest shall not be entered on particulars required in such papers for
the certificate; but only a memorandum thereof registration, shall contain a reference to the
shall be entered by the words "in trust", or number of the certificate of title to be affected
"upon condition", or other apt words, and by a and the registered owner or owners thereof,
reference by number to the instrument and also if the attachment, order, process or
authorizing or creating the same. A similar lien is not claimed on all the land in any
memorandum shall be made upon the original certificate of title a description sufficiently
instrument creating or declaring the trust or accurate for identification of the land or interest
other equitable interest with a reference by intended to be affected. A restraining order,
number to the certificate of title to which it injunction or mandamus issued by the court
relates and to the volume and page in the shall be entered and registered on the
registration book in which it is registered. certificate of title affected, free of charge.

Section 66. Trust with power of sale, etc., how Section 70. Adverse claim. Whoever claims
expressed. If the instrument creating or any part or interest in registered land adverse
declaring a trust or other equitable interest to the registered owner, arising subsequent to
contains an express power to sell, mortgage or the date of the original registration, may, if no
deal with the land in any manner, such power other provision is made in this Decree for
shall be stated in the certificate of title by the registering the same, make a statement in
words "with power to sell", or "power to writing setting forth fully his alleged right or
mortgage", or by apt words of description in interest, and how or under whom acquired, a
case of other powers. No instrument which reference to the number of the certificate of title
transfers, mortgages or in any way deals with of the registered owner, the name of the
registered land in trust shall be registered, registered owner, and a description of the land
unless the enabling power thereto is expressly in which the right or interest is claimed.
conferred in the trust instrument, or unless a
final judgment or order of a court of competent The statement shall be signed and sworn to,
jurisdiction has construed the instrument in and shall state the adverse claimant's
favor of the power, in which case a certified residence, and a place at which all notices may
copy of such judgment or order may be be served upon him. This statement shall be
registered. entitled to registration as an adverse claim on
the certificate of title. The adverse claim shall
Section 67. Judicial appointment of new be effective for a period of thirty days from the
trustee. If a new trustee of registered land is date of registration. After the lapse of said
appointed by a court of competent jurisdiction, period, the annotation of adverse claim may be
a new certificate may be issued to him upon canceled upon filing of a verified petition
presentation to the Register of Deeds of a therefor by the party in interest: Provided,
certified copy of the order or judicial however, that after cancellation, no second
appointment and the surrender for cancellation adverse claim based on the same ground shall
of the duplicate certificate. be registered by the same claimant.

Section 68. Implied, trusts, how Before the lapse of thirty days aforesaid, any
established. Whoever claims an interest in party in interest may file a petition in the Court
registered land by reason of any implied or of First Instance where the land is situated for
constructive trust shall file for registration with the cancellation of the adverse claim, and the
the Register of Deeds a sworn statement court shall grant a speedy hearing upon the
thereof containing a description of the land, the question of the validity of such adverse claim,
name of the registered owner and a reference and shall render judgment as may be just and
to the number of the certificate of title. Such equitable. If the adverse claim is adjudged to
claim shall not affect the title of a purchaser for be invalid, the registration thereof shall be
value and in good faith before its registration. ordered canceled. If, in any case, the court,
after notice and hearing, shall find that the
adverse claim thus registered was frivolous, it Register of Deeds of the province or city where
may fine the claimant in an amount not less the land lies and registered in the registration
than one thousand pesos nor more than five book, and a memorandum made upon the
thousand pesos, in its discretion. Before the proper certificate of title in each case as lien or
lapse of thirty days, the claimant may withdraw encumbrance.
his adverse claim by filing with the Register of
Deeds a sworn petition to that effect. Section 75. Application for new certificate
upon expiration of redemption period. Upon the
Section 71. Surrender of certificate in expiration of the time, if any, allowed by law for
involuntary dealings. If an attachment or other redemption after registered land has been sold
lien in the nature of involuntary dealing in on execution taken or sold for the enforcement
registered land is registered, and the duplicate of a lien of any description, except a mortgage
certificate is not presented at the time of lien, the purchaser at such sale or anyone
registration, the Register of Deeds shall, within claiming under him may petition the court for
thirty-six hours thereafter, send notice by mail the entry of a new certificate of title to him.
to the registered owner, stating that such paper
has been registered, and requesting him to Before the entry of a new certificate of title, the
send or produce his duplicate certificate so that registered owner may pursue all legal and
a memorandum of the attachment or other lien equitable remedies to impeach or annul such
may be made thereon. If the owner neglects or proceedings.
refuses to comply within a reasonable time, the
Register of Deeds shall report the matter to the Section 76. Notice of lis pendens. No action to
court, and it shall, after notice, enter an order recover possession of real estate, or to quiet
to the owner, to produce his certificate at a time title thereto, or to remove clouds upon the title
and place named therein, and may enforce the thereof, or for partition, or other proceedings of
order by suitable process. any kind in court directly affecting the title to
land or the use or occupation thereof or the
Section 72. Dissolution, etc. of attachments, buildings thereon, and no judgment, and no
etc. Attachments and liens of every description proceeding to vacate or reverse any judgment,
upon registered land shall be continued, shall have any effect upon registered land as
reduced, discharged and dissolved by any against persons other than the parties thereto,
method sufficient in law, and to give effect to unless a memorandum or notice stating the
the continuance, reduction, discharge or institution of such action or proceeding and the
dissolution thereof the certificate or other court wherein the same is pending, as well as
instrument for that purpose shall be registered the date of the institution thereof, together with
with the Register of Deeds. a reference to the number of the certificate of
title, and an adequate description of the land
Section 73. Registration of orders of court, etc. affected and the registered owner thereof, shall
If an attachment is continued, reduced, have been filed and registered.
dissolved, or otherwise affected by an order,
decision or judgment of the court where the Section 77. Cancellation of lis
action or proceedings in which said attachment pendens. Before final judgment, a notice of lis
was made is pending or by an order of a court pendens may be canceled upon order of the
having jurisdiction thereof, a certificate of the court, after proper showing that the notice is for
entry of such order, decision or judgment from the purpose of molesting the adverse party, or
the clerk of court or the judge by which such that it is not necessary to protect the rights of
decision, order or judgment has been rendered the party who caused it to be registered. It may
and under the seal of the court, shall be also be canceled by the Register of Deeds
entitled to be registered upon presentation to upon verified petition of the party who caused
the Register of Deeds. the registration thereof.

Section 74. Enforcement of liens on registered At any time after final judgment in favor of the
land. Whenever registered land is solved on defendant, or other disposition of the action
execution, or taken or sold for taxes or for any such as to terminate finally all rights of the
assessment or to enforce a lien of any plaintiff in and to the land and/or buildings
character, or for any costs and charges involved, in any case in which a memorandum
incident to such liens, any execution or copy of or notice of lis pendens has been registered as
execution, any officer's return, or any deed, provided in the preceding section, the notice of
demand, certificate, or affidavit, or other lis pendens shall be deemed canceled upon
instrument made in the course of the the registration of a certificate of the clerk of
proceedings to enforce such liens and required court in which the action or proceeding was
by law to be recorded, shall be filed with the pending stating the manner of disposal thereof.
 CHAPTER VI Section 81. Judgment of partition. In
REGISTRATION OF JUDGMENTS; ORDERS; proceedings for partition of registered land,
PARTITIONS after the entry of the final judgment of partition,
a copy of such final judgment, certified by the
Section 78. Judgment for Plaintiff. Whenever clerk of the court rendering the same, shall be
in any action to recover possession or filed and registered; thereupon, if the land is
ownership of real estate or any interest therein set of to the owners in severalty, each owner
affecting registered land judgment is entered shall be entitled to have his certificate entered
for the plaintiff, such judgment shall be entitled showing the share set off to him in severalty,
to registration on presentation of a certificate of and to receive an owner's duplicate thereof.
the entry thereof from the clerk of court where
the action is pending to the Register of Deeds If the land is ordered by the court to be sold,
for the province or city where the land lies, who the purchaser or his assigns shall be entitled to
shall enter a memorandum upon the certificate certificate of title entered in his or their favor
of title of the land to which such judgment upon presenting a certified copy of the
relates. If the judgment does not apply to all judgment confirming the sale.
the land described in the certificate of title, the
certificate of the clerk of the court where the In case the land is ordered by the court to be
action is pending and the memorandum assigned to one of the parties upon payment to
entered by the Register of Deeds shall contain the others of the sum ordered by the court, the
a description of the land affected by the party to whom the land is thus assigned shall
judgment. be entitled to have a certificate of title entered
in his favor upon presenting a certified copy of
Section 79. Judgment adjudicating the judgment: Provided, however, that any new
ownership. When in any action to recover the certificate entered in pursuance of partition
ownership of real estate or an interest therein proceedings, whether by way of set-off or of
execution has been issued in favor of the assignment or of sale, shall contain a reference
plaintiff, the latter shall be entitled to the entry memorandum to the final judgment of partition,
of a new certificate of title and to the and shall be conclusive as to the title to the
cancellation of the original certificate and same extent and against the same persons as
owner's duplicate of the former registered such judgment is made conclusive by the laws
owner. If the registered owner neglects or applicable thereto: and provided, further, that
refuses within a reasonable time after request any person holding such certificate of title or a
of the plaintiff to produce his duplicate transfer thereof shall have the right to petition
certificate in order that the same may be the court at any time to cancel the
canceled, the court shall, on application and memorandum relating to such judgment or
after notice, enter an order to the owner to order and the court, after notice and hearing,
produce his certificate at the time and place may grant the petition. Such certificate shall
designated, and may enforce the order by thereafter be conclusive in the same manner
suitable process. and to the same extent as other certificates of
title.
Section 80. Execution of deed by virtue of
judgment. Every court rendering judgment in Section 82. Registration of prior registered
favor of the plaintiff affecting registered land mortgaged or lease on partitioned property. If a
shall, upon petition of said plaintiff, order and certified copy of a final judgment or decree of
parties before it to execute for registration any partition is presented and it appears that a
deed or instrument necessary to give effect to mortgage or lease affecting a specific portion
the judgment, and shall require the registered or an undivided share of the premises had
owner to deliver his duplicate certificate to the previously been registered, the Register of
plaintiff or to the Register of Deeds to be Deeds shall carry over such encumbrance on
canceled or to have a memorandum annotated the certificate of title that may be issued.
upon it. In case the person required to execute
any deed or other instrument necessary to give Section 83. Notice of insolvency. Whenever
effect to the judgment is absent from the proceeding in bankruptcy or insolvency, or
Philippines, or is a minor, or insane, or for any analogous proceedings, are instituted against a
reason not amenable to the process of the debtor who owns registered land, it shall be the
court rendering the judgment, said court may duty of the officer serving the notice of the
appoint a suitable person as trustee to execute institution of such proceedings on the debtor to
such instrument which, when executed, shall file a copy thereof with the office of the
be entitled to registration. 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 the title without the necessity of a court order.
new certificate of the registered land of the The verified petition shall be entered in the
debtor or bankrupt, upon presenting and filing Primary Entry Book and a memorandum
a certified copy of the assignment in insolvency thereof made on the title.
or order or adjudication in bankruptcy with the
insolvent's or bankrupt's duplicate certificate of No deed of extrajudicial settlement or affidavit
title; but the new certificate shall state that it is of adjudication shall be registered unless the
entered to him as assignee in insolvency or fact of extrajudicial settlement or adjudication is
trustee in bankruptcy or other proceedings, as published once a week for three consecutive
the case may be. weeks in a newspaper of general circulation in
the province and proof thereof is filed with the
Section 84. Judgment or order vacating Register of Deeds. The proof may consist of
insolvency proceedings. Whenever any of the the certification of the publisher, printer, his
proceedings of the character named in the foreman or principal clerk, or of the editor,
preceding section against a registered owner, business or advertising manager of the
of which notice has been registered, is vacated newspaper concerned, or a copy of each
by judgment, a certified copy of the judgment week's issue of the newspaper wherein the
or order may be registered. Where a new publication appeared.
certificate has been entered in the name of the
assignee or trustee, such certificate shall be Section 87. Filing of letters of administration
surrendered for cancellation and forthwith the and will. Before the executor or administrator of
debtor shall be entitled to the entry of a new the estate of a deceased owner of registered
certificate to him. land may deal with the same, he shall file with
the office of the Register of Deeds a certified
Section 85. Land taken by eminent copy of his letters of administration or if there is
domain. Whenever any registered land, or a will, a certified copy thereof and the order
interest therein, is expropriated or taken by allowing the same, together with the letters
eminent domain, the National Government, testamentary or of administration with the will
province, city, municipality, or any other agency annexed, as the case may be, and shall
or instrumentality exercising such right shall file produce the duplicate certificate of title, and
for registration in the proper Registry a certified thereupon the Register of Deeds shall enter
copy of the judgment which shall state upon the certificate a memorandum thereof,
definitely, by an adequate description, the making reference to the letters and/or will by
particular property or interest expropriated, the their file number, and the date of filing the
number of the certificate of title, and the nature same.
of the public use. A memorandum of the right
or interest taken shall be made on each Section 88. Dealings by administering subject
certificate of title by the Register of Deeds, and to court approval. After a memorandum of the
where the fee simple title is taken, a new will, if any, and order allowing the same, and
certificate shall be issued in favor of the letters testamentary or letters of administration
National Government, province, city, have been entered upon the certificate of title
municipality, or any other agency or as hereinabove provided, the executor or
instrumentality exercising such right for the administrator may alienate or encumber
land so taken. The legal expenses incident to registered land belonging to the estate, or any
the memorandum of registration or issuances interest therein, upon approval of the court
incident to the memorandum of registration or obtained as provided by the Rules of Court.
issuance of a new certificate shall be for the
account of the authority taking the land or Section 89. Land devised to executor. When it
interest therein. appears by will, a certified copy of which with
letters testamentary had already been filed as
Section 86. Extrajudicial settlement of provided in this Decree, that registered land is
estate. When a deed of extrajudicial settlement devised to the executor to his own use, or upon
has been duly registered, the Register of some trust, the executor may have the land
Deeds shall annotate on the proper title the transferred to himself upon the register in like
two-year lien mentioned in Section 4 of Rule 74 manner and subject to like terms and
of the Rules of Court. Upon the expiration of conditions and to like rights as in the case of a
the two-year period and presentation of a transfer pursuant to a deed filed in the office of
verified petition by the registered heirs, the Register of Deeds.
devisees or legatees or any other party in
interest that no claim or claims of any creditor, Section 90. When executor empowered by will
heir or other person exist, the Register of to sell, etc. When the will of a deceased owner
Deeds shall cancel the two-year lien noted on of registered lands, or an interest therein,
empowers the executor to sell, convey, shall be determined by the sworn declaration of
encumber, charge or otherwise deal with the two disinterested persons to the effect that the
land, a certified copy of the will and letters value fixed by them is to their knowledge, a fair
testamentary being filed as provided in this valuation.
Decree, such executor may sell, convey,
encumber, charge or otherwise deal with the Nothing in this section shall in any way
land pursuant to the power in like manner as if preclude the court from increasing the
he were registered owner, subject to the terms valuation of the property should it appear
and conditions and limitations expressed in the during the hearing that the value stated is too
will. small.

Section 91. Transfer in anticipation of final Section 94. Custody and investment of
distribution. Whenever the court having fund. All money received by the Register of
jurisdiction of the testate or intestate Deeds under the preceding section shall be
proceedings directs the executor or paid to the National Treasurer. He shall keep
administrator to take over and transfer to the this money in an Assurance Fund which may
devisees or heirs, or any of them, in be invested in the manner and form authorized
anticipation of final distribution a portion or the by law, and shall report annually to the
whole of the registered land to which they Commissioner of the Budget the condition and
might be entitled on final distribution, upon the income thereof.
filing of a certified copy of such order in the
office of the Register of Deeds, the executor or The income of the Assurance Fund shall be
administratory may cause such transfer to be added to the principal until said fund amounts
made upon the register in like manner as in to five hundred thousand pesos, in which event
case of a sale, and upon the presentation of the excess income from investments as well as
the owner's duplicate certificate to the Register from the collections of such fund shall be paid
of Deeds, the devisees or heirs concerned into the National Treasury to the account of the
shall be entitled to the issuance of the Assurance Fund.
corresponding certificates of title.
Section 95. Action for compensation from
Section 92. Registration of final distribution of funds. A person who, without negligence on his
estate. A certified copy of the partition and part, sustains loss or damage, or is deprived of
distribution, together with the final judgment or land or any estate or interest therein in
order of the court approving the same or consequence of the bringing of the land under
otherwise making final distribution, supported the operation of the Torrens system of arising
by evidence of payment of estate taw or after original registration of land, through fraud
exemption therefrom, as the case may be, or in consequence of any error, omission,
shall be filed with the Register of Deeds, and mistake or misdescription in any certificate of
upon the presentation of the owner's duplicate title or in any entry or memorandum in the
certificate of title, new certificates of title shall registration book, and who by the provisions of
be issued to the parties severally entitled this Decree is barred or otherwise precluded
thereto in accordance with the approved under the provision of any law from bringing an
partition and distribution. action for the recovery of such land or the
estate or interest therein, may bring an action
CHAPTER VII in any court of competent jurisdiction for the
ASSURANCE FUND recovery of damages to be paid out of the
Assurance Fund.
Section 93. Contribution to Assurance
Fund. Upon the entry of a certificate of title in Section 96. Against whom action filed. If such
the name of the registered owner, and also action is brought to recover for loss or damage
upon the original registration on the certificate or for deprivation of land or of any estate or
of title of a building or other improvements on interest therein arising wholly through fraud,
the land covered by said certificate, as well as negligence, omission, mistake or misfeasance
upon the entry of a certificate pursuant to any of the court personnel, Register of Deeds, his
subsequent transfer of registered land, there deputy, or other employees of the Registry in
shall be paid to the Register of Deeds one- the performance of their respective duties, the
fourth of one per cent of the assessed value of action shall be brought against the Register of
the real estate on the basis of the last Deeds of the province or city where the land is
assessment for taxation purposes, as situated and the National Treasurer as
contribution to the Assurance Fund. Where the defendants. But if such action is brought to
land involved has not yet been assessed for recover for loss or damage or for deprivation of
taxation, its value for purposes of this decree land or of any interest therein arising through
fraud, negligence, omission, mistake or Section 100. Register of Deeds as party in
misfeasance of person other than court interest. When it appears that the Assurance
personnel, the Register of Deeds, his deputy or Fund may be liable for damages that may be
other employees of the Registry, such action incurred due to the unlawful or erroneous
shall be brought against the Register of Deeds, issuance of a certificate of title, the Register of
the National Treasurer and other person or Deeds concerned shall be deemed a proper
persons, as co-defendants. It shall be the duty party in interest who shall, upon authority of the
of the Solicitor General in person or by Commissioner of Land Registration, file the
representative to appear and to defend all such necessary action in court to annul or amend
suits with the aid of the fiscal of the province or the title.
city where the land lies: Provided, however,
that nothing in this Decree shall be construed The court may order the Register of Deeds to
to deprive the plaintiff of any right of action amend or cancel a certificate of title or to do
which he may have against any person for any other act as may be just and equitable.
such loss or damage or deprivation without
joining the National Treasurer as party Section 101. Losses not recoverable. The
defendant. In every action filed against the Assurance Fund shall not be liable for any loss,
Assurance Fund, the court shall consider the damage or deprivation caused or occasioned
report of the Commissioner of Land by a breach of trust, whether express, implied
Registration. or constructive or by any mistake in the
resurveyed or subdivision of registered land
Section 97. Judgment, how satisfied. If there resulting in the expansion of area in the
are defendants other than the National certificate of title.
Treasurer and the Register of Deeds and
judgment is entered for the plaintiff and against Section 102. Limitation of Action. Any action
the National Treasury, the Register of Deeds for compensation against the Assurance Fund
and any of the other defendants, execution by reason of any loss, damage or deprivation
shall first issue against such defendants other of land or any interest therein shall be instituted
than the National and the Register of Deeds. If within a period of six years from the time the
the execution is returned unsatisfied in whole right to bring such action first occurred:
or in part, and the officer returning the same Provided, That the right of action herein
certificates that the amount due cannot be provided shall survive to the legal
collected from the land or personal property of representative of the person sustaining loss or
such other defendants, only then shall the damage, unless barred in his lifetime; and
court, upon proper showing, order the amount Provided, further, That if at the time such right
of the execution and costs, or so much thereof of action first accrued the person entitled to
as remains unpaid, to be paid by the National bring such action was a minor or insane or
treasurer out of the Assurance Fund. In an imprisoned, or otherwise under legal disability,
action under this Decree, the plaintiff cannot such person or anyone claiming from, by or
recover as compensation more than the fair under him may bring the proper action at any
market value of the land at the time he suffered time within two years after such disability has
the loss, damage, or deprivation thereof. been removed, notwithstanding the expiration
of the original period of six years first above
Section 98. General Fund when liable. If at provided.
any time the Assurance Fund is not sufficient to
satisfy such judgment, the National Treasurer CHAPTER VIII
shall make up for the deficiency from any funds REGISTRATION OF PATENTS
available in the treasury not otherwise
appropriated. Section 103. Certificates of title pursuant to
patents. Whenever public land is by the
Section 99. Subrogation of government to Government alienated, granted or conveyed to
plaintiff's rights. In every case where payment any person, the same shall be brought
has been made by the National Treasurer in forthwith under the operation of this Decree. It
accordance with the provisions of this Decree, shall be the duty of the official issuing the
the Government of the Republic of the instrument of alienation, grant, patent or
Philippines shall be subrogated to the rights of conveyance in behalf of the Government to
the plaintiff against any other parties or cause such instrument to be filed with the
securities. The National Treasurer shall enforce Register of Deeds of the province or city where
said rights and the amount recovered shall be the land lies, and to be there registered like
paid to the account of the Assurance Fund. 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, in case of registered property, shall issue the
grant, patent or instrument of conveyance from corresponding transfer certificate of title without
the Government to the grantee shall not take requiring the surrender of the owner's duplicate
effect as a conveyance or bind the land but of the title to be canceled.
shall operate only as a contract between the
Government and the grantee and as evidence In case of death of the grantee, the
of authority to the Register of Deeds to make Department of Agrarian Reform shall determine
registration. It is the act of registration that shall his heirs or successors-in-interest and shall
be the operative act to affect and convey the notify the Register of Deeds accordingly.
land, and in all cases under this Decree,
registration shall be made in the office of the In case of subsequent transfer of property
Register of Deeds of the province or city where covered by an Emancipation Patent or a
the land lies. The fees for registration shall be Certificate of Title emanating from an
paid by the grantee. After due registration and Emancipation Patent, the Register of Deeds
issuance of the certificate of title, such land shall affect the transfer only upon receipt of the
shall be deemed to be registered land to all supporting papers from the Department of
intents and purposes under this Decree. Agrarian Reform.

CHAPTER IX No fee, premium, of tax of any kind shall be

CERTIFICATE OF LAND TRANSFER, charged or imposed in connection with the
EMANCIPATION PATENT, AFFIDAVIT OF issuance of an original Emancipation Patent
NON-TENANCY and for the registration or related documents.

Section 104. Provisional Register of Section 106. Sale of agricultural land;

Documents. The Department of Agrarian affidavit. No voluntary deed or instrument
Reform shall prepare by automate data purporting to be a subdivision, mortgage,
processing a special registry book to be known lease, sale or any other mode of encumbrance
as the "Provisional Register of Documents or conveyance of private agricultural land
issued under PD-27" which shall be kept and principally devoted to rice or corn or any
maintained in every Registry of Deeds portion thereof shall be registered unless
throughout the country. Said Registry Book accompanied by an affidavit of the vendor or
shall be a register of: executor stating that the land involved is not
tenanted, or if tenanted, the same is not
a. All Certificates of Land Transfer (CLT) primarily devoted to the production of rice
issued pursuant to P.D. No. 27; and and/or corn.

b. All subsequent transactions affecting If only a portion of the land is primarily devoted
Certificates of Land Transfer such as to the production of rice and/or corn, and such
adjustments, transfer, duplication and area so devoted is tenanted, no such deed or
cancellations of erroneous Certificates instrument shall be registered unless
of Land Transfer. accompanied by an affidavit stating the area
(size) of the portion which is tenanted and
Section 105. Certificates of Land Transfer primarily devoted to rice and/or corn, and
Emancipation Patents. The Department of stating further that the deed or instrument
Agrarian reform shall pursuant to P.D. No. 27 covers only the untenanted portion or that
issue in duplicate, a Certificate of Land which is not primarily devoted to the production
Transfer for every land brought under of rice and/or corn. A memorandum of said
"Operation Land Transfer", the original of which affidavit shall be annotated on the certificate of
shall be kept by the tenant-farmer and the title. The Register of Deeds shall cause a copy
duplicate, in the Registry of Deeds. of the registered deed or instrument, together
with the affidavit, to be furnished the
After the tenant-farmer shall have fully Department of Agrarian Reform Regional Office
complied with the requirements for a grant of where the land is located. The affidavit
title under P.D. No. 27, an Emancipation Patent provided in this section shall not be required in
which may cover previously titled or untitled the case of a tenant-farmer who deals with his
property shall be issued by the Department of Certificate of Land Transfer or Emancipation
Agrarian Reform. Patent in accordance with law.

The Register of Deeds shall complete the CHAPTER X

entries on the aforementioned Emancipation PETITIONS AND ACTIONS AFTER
Patent and shall assign an original certificate of ORIGINAL REGISTRATION
title number in case of unregistered land, and
Section 107. Surrender of withhold duplicate requiring security or bond if necessary, as it
certificates. Where it is necessary to issue a may consider proper; Provided, however, That
new certificate of title pursuant to any this section shall not be construed to give the
involuntary instrument which divests the title of court authority to reopen the judgment or
the registered owner against his consent or decree of registration, and that nothing shall be
where a voluntary instrument cannot be done or ordered by the court which shall impair
registered by reason of the refusal or failure of the title or other interest of a purchaser holding
the holder to surrender the owner's duplicate a certificate for value and in good faith, or his
certificate of title, the party in interest may file a heirs and assigns, without his or their written
petition in court to compel surrender of the consent. Where the owner's duplicate
same to the Register of Deeds. The court, after certificate is not presented, a similar petition
hearing, may order the registered owner or any may be filed as provided in the preceding
person withholding the duplicate certificate to section.
surrender the same, and direct the entry of a
new certificate or memorandum upon such All petitions or motions filed under this Section
surrender. If the person withholding the as well as under any other provision of this
duplicate certificate is not amenable to the Decree after original registration shall be filed
process of the court, or if not any reason the and entitled in the original case in which the
outstanding owner's duplicate certificate cannot decree or registration was entered.
be delivered, the court may order the
annulment of the same as well as the issuance Section 109. Notice and replacement of lost
of a new certificate of title in lieu thereof. Such duplicate certificate. In case of loss or theft of
new certificate and all duplicates thereof shall an owner's duplicate certificate of title, due
contain a memorandum of the annulment of notice under oath shall be sent by the owner or
the outstanding duplicate. by someone in his behalf to the Register of
Deeds of the province or city where the land
Section 108. Amendment and alteration of lies as soon as the loss or theft is discovered. If
certificates. No erasure, alteration, or a duplicate certificate is lost or destroyed, or
amendment shall be made upon the cannot be produced by a person applying for
registration book after the entry of a certificate the entry of a new certificate to him or for the
of title or of a memorandum thereon and the registration of any instrument, a sworn
attestation of the same be Register of Deeds, statement of the fact of such loss or destruction
except by order of the proper Court of First may be filed by the registered owner or other
Instance. A registered owner of other person person in interest and registered.
having an interest in registered property, or, in
proper cases, the Register of Deeds with the Upon the petition of the registered owner or
approval of the Commissioner of Land other person in interest, the court may, after
Registration, may apply by petition to the court notice and due hearing, direct the issuance of
upon the ground that the registered interests of a new duplicate certificate, which shall contain
any description, whether vested, contingent, a memorandum of the fact that it is issued in
expectant or inchoate appearing on the place of the lost duplicate certificate, but shall
certificate, have terminated and ceased; or that in all respects be entitled to like faith and credit
new interest not appearing upon the certificate as the original duplicate, and shall thereafter
have arisen or been created; or that an be regarded as such for all purposes of this
omission or error was made in entering a decree.
certificate or any memorandum thereon, or, on
any duplicate certificate; or that the same or Section 110. Reconstitution of lost or
any person on the certificate has been destroyed original of Torrens title. Original
changed; or that the registered owner has copies of certificates of title lost or destroyed in
married, or, if registered as married, that the the offices of Register of Deeds as well as liens
marriage has been terminated and no right or and encumbrances affecting the lands covered
interests of heirs or creditors will thereby be by such titles shall be reconstituted judicially in
affected; or that a corporation which owned accordance with the procedure prescribed in
registered land and has been dissolved has not Republic Act No. 26 insofar as not inconsistent
convened the same within three years after its with this Decree. The procedure relative to
dissolution; or upon any other reasonable administrative reconstitution of lost or
ground; and the court may hear and determine destroyed certificate prescribed in said Act is
the petition after notice to all parties in interest, hereby abrogated.
and may order the entry or cancellation of a
new certificate, the entry or cancellation of a Notice of all hearings of the petition for judicial
memorandum upon a certificate, or grant any reconstitution shall be given to the Register of
other relief upon such terms and conditions, Deeds of the place where the land is situated
and to the Commissioner of Land Registration. pesos, or fractional part
No order or judgment ordering the thereof.
reconstitution of a certificate of title shall
become final until the lapse of thirty days from (d) When the value of the
receipt by the Register of Deeds and by the property is more than one
Commissioner of Land Registration of a notice hundred thousand pesos
of such order or judgment without any appeal but does not exceed five
having been filed by any of such officials. hundred thousand pesos,
one hundred eighty pesos
CHAPTER XI for the first one hundred
SCHEDULE OF FEES: SPECIAL FUND twenty-five thousand
pesos, or fractional part
Section 111. Fees payable. The fees payable thereof, and twenty pesos
to the Clerk of Court, the Sheriff, the Register for each additional twenty-
of Deeds and the Land Registration five thousand pesos, or
Commission shall be as follows: fractional part thereof.

A. Fees payable to the Clerk of Court. (e) When the value of the
The fees payable to the clerk of court or property is more than five
his deputies shall be as follows: hundred thousand pesos,
five hundred twenty pesos
1. For filing an application for the for the first five hundred
registration of land, the fees shall fifty thousand pesos, or
be based on the assessed value fractional part thereof, and
of the property for the current forty pesos for each
year, in accordance with the additional fifty thousand
following schedule pesos, or fractional part
thereof.
(a) When the value of the
property does not exceed If the property has not been
two thousand pesos, assessed for taxation, the fees
fifteen pesos for the first above prescribed shall be based
five hundred pesos, or on the current market value; and
fractional part thereof, and the applicant shall file with his
five pesos for each application a sworn declaration of
additional five hundred three disinterested persons that
pesos, or fractional part the value fixed by him is to their
thereof. knowledge a fair valuation.

(b) When the value of the 2. For filing a petition for review
property does not exceed of judgment and decree, or other
two thousand pesos but claim adverse to the registered
does not exceed ten owner, for each petition, twenty
thousand pesos, thirty five pesos.
pesos for the first three
thousand pesos, or 3. For filing a petition after the
fractional part thereof, and decision has become final, twenty
five pesos for each pesos. If it affects land decrees in
additional one thousand more than one case, for each
pesos, or fractional part additional case, one peso. If it
thereof. affects several lots or parcels of
land in which the petitioners have
(c) When the value of the no common interest, each of
property is more than ten such petitioners shall pay the
thousand pesos but does corresponding fees as if separate
not exceed one hundred petitions had been filed by him.
thousand pesos, eighty
pesos for the first twenty B. Fees payable to the Sheriff. The
thousand pesos, or sheriff shall collect fees for his services
fractional part thereof, and rendered in connection with land
ten pesos for each registration and cadastral proceedings
additional ten thousand as follows:
 1. For posting notices of initial 4. Lis Pendens, etc. For the
hearing of land registration cases annotation of a notice of lis
in conspicuous places on the pendens, or of any document or
lands described in the notice, for order in connection therewith, for
each parcel of land on which a each of land affected thereby, five
copy of such notice is posted, pesos.
besides travel fees, three pesos.
5. Release of encumbrance. For
2. For posting notices of initial the annotation of a release of any
hearing of cadastral cases in encumbrance, except mortgage,
conspicuous places on the lands lease, or other lien for the
included in the survey, for each cancellation of which a specific
group of one hundred lots on fee is prescribed herein, for each
which a copy of the notice is parcel of land so released, five
posted, besides travel fees, three pesos; but the total amount of
pesos. fees to be collected shall not
exceed the amount of fees paid
3. For posting one copy of a for the registration of such
notice of initial hearing in a encumbrance.
conspicuous place upon the
municipal building of the city, 6. Court Order. For the
municipality, or municipal district annotation of an order of the
in which the land or portion court for the amendment of, or
thereof lies, besides travel fees, the making of a memorandum on,
three pesos. a certificate of title, except
inclusion of buildings or
4. For serving notices upon improvements, or any order
cadastral claimants to appear directing the registration of a
before the court, travel fees only document, or of any right or
as provided in the Rules of Court. interest referred to in said order,
or the cancellation of a certificate
5. For all other services not of title and/or the issuance of a
mentioned above, the same fees new one, ten pesos for each
including travel fees as provided certificate of title on which the
in the Rules of Court for similar annotation is made, in addition to
services. the fees prescribed under
paragraphs sixteen or seventeen,
C. Fees payable to the Register of as the case may be, of this
Deeds. The Register of Deeds shall subsection, in the same are also
collect fees for all services rendered by due for the registration of such
him under this Decree in accordance document, right or interest.
with the following schedule:
7. Building. For the annotation of
1. Original certificate of title. For an order of the court for the
the entry of one original inclusion of building and/or
certificate of title and issuance of improvement in a certificate of
one owner's duplicate certificate, title, ten pesos for each certificate
ten pesos for the first parcel of of title.
land described thereon and five
pesos for each additional parcel. 8. Powers of attorney, letters of
administration, appointment of
2. Entry fee. For each entry fee in guardian, resolution or revocation
the primary entry book, five thereof. For registering and filing
pesos. a power of attorney, letters of
administration or letters
3. Attachment, levy, etc. For the testamentary whether or not
annotation of an attachment, levy, accompanied by a copy of the
writ of execution, adverse claim, testament, certificate of
five pesos for each parcel of land allowance of a will with attested
affected thereby. copy of the will annexed,
appointment of guardian for a
minor or incompetent person,
appointment of receiver, trustee, 13. Transfer to trustee, executor,
or administrator, articles of administrator receiver. For the
incorporation of any corporation, issuance of a transfer certificate
association or partnership, or of title, including its duplicate, to a
resolution of its board of directors trustee, executor, administrator,
empowering an officer or member or receiver, or for the cancellation
thereof to act in behalf of the of such certificate of title and
same, twenty pesos; and for the issuance of a new one, including
annotation of such papers on its duplicate, to the cestui que
certificates of title when required trust in case of trusteeship, ten
by existing laws or regulations, pesos. If the certificate covers
five pesos for each certificate of more than one parcel or lot, an
title so annotated: Provided, additional fee of five pesos shall
however, that when the certificate be collected for each additional
of allowance of a will and the parcel or lot.
letters testamentary or letters of
administration are filed together, 14. Transfer certificate of title. For
only one fee shall be collected. the issuance of a transfer
For registering an instrument of certificate of title, including its
revocation of any of the paper duplicate, to a person other than
mentioned above, five pesos, and those named in the next
if annotated on the corresponding preceding paragraph, ten pesos,
certificate of title, three pesos for in addition to the fees hereinafter
each certificate of title. prescribed in paragraph sixteen
or seventeen, as the case may
9. Notice of tax lien, loss, etc. For be, of this subsection, if the same
the annotation of a notice of tax are also due. If the certificate
lien of any description notice of covers more than one parcel or
lost duplicate or copy of a lot, an additional fee of five pesos
certificate of title, order of the shall be collected for each
court declaring such duplicate or additional parcel or lot.
copy null and void, notice of
change of address, or the 15. Additional copy of title. For
cancellation of any such the issuance of a new owner's
annotation, for each certificate of duplicate or a co-owner's copy of
title, five pesos. a certificate of title, or any
additional duplicate or copy
10. Carry over of annotation. For thereof, ten pesos for the first
transferring the memorandum of page and five pesos for each
an encumbrance of any kind from subsequent page, or fraction
one certificate of title which is thereof.
canceled to a new one in lieu
thereof, for each memorandum 16. Registration fee. For the
thus transferred, five pesos. registration of a deed of sale,
conveyance, transfer, exchange,
11. Annotation on additional copy partition, or donation; a deed of
of title. For any memorandum sale with pacto de retro,
made in a standing co-owner's conditional sale, sheriff's sale at
copy of a certificate of title after a public auction, sale for non-
similar memorandum has been payment of taxes, or any sale
made in the original thereof, of subject to redemption, or the
each certificate of title, five repurchase or redemption of the
pesos. property so sold; any instrument,
order, judgment or decree
12. No specific fee. For any divesting the title of the registered
memorandum made in a owner, except in favor of a
certificate of title for which no trustee, executor, administrator or
specific fee is prescribe above, receiver; option to purchase or
for each certificate of title, five promise to sell; any mortgage,
pesos. surety, bond, lease, easement,
right-of-way, or other real right or
lien created or constituted by
virtue of a distinct contract or one hundred thousand
agreement, and not as an pesos but does not exceed
incidental condition of sale, five hundred thousand
transfer or conveyance; the pesos, three hundred fifty-
assignment, enlargement, two pesos for the first one
extension or novation of a hundred ten thousand
mortgage or of any other real pesos, or fractional part
right, or a release of mortgage, thereof, and twenty pesos
termination of lease, or for each additional ten
consolidation of ownership over a thousand pesos, or
property sold with pacto de retro; fractional part thereof.
where no specific fee is
prescribed therefor in the (e) More than five hundred
preceding paragraphs, the fees thousand pesos. When the
shall be based on the value of the value of the consideration
consideration in accordance with is more than five hundred
the following schedule: thousand pesos, one
thousand one hundred
(a) Six thousand pesos sixty-two pesos for the first
maximum. When the value five hundred twenty
of the consideration does thousand pesos, or
not exceed six thousand fractional part thereof, and
pesos, seven pesos for the thirty pesos for each
first five hundred pesos, or additional twenty thousand
fractional part thereof, and pesos, or fractional part
three pesos for each thereof.
additional five hundred
pesos, or fractional part 17. Fees for specific transactions.
thereof. In the following transactions,
however, the basis of the fees
(b) Thirty thousand pesos collectible under paragraph
maximum. When the value sixteen of this subsection,
of the consideration is whether or not the value of the
more than six thousand consideration is stated in the
pesos but does not exceed instrument, shall be as hereunder
thirty thousand pesos, or set forth:
fractional part thereof, and
eight pesos for each (a) Exchange. In the
additional two thousand exchange of real property
pesos, or fractional part the basis of the fees to be
thereof. paid by each party shall be
the current assessed value
(c) One hundred thousand of the properties acquired
pesos maximum. When by one party from the
the value of the other, in addition to the
consideration is more than value of any other
thirty thousand pesos but consideration, if any,
does not exceed one stated in the contract.
hundred thousand pesos,
one hundred fifty pesos for (b) Hereditary transfer. In
the first thirty-five the transmission of an
thousand pesos, or hereditary estate without
fractional part thereof, and partition or subdivision of
fourteen pesos or each the property among the
additional five thousand heirs, devisees or
pesos, or fractional part legatees, although with
thereof. specification of the share
of each in the value of the
(d) Five hundred thousand estate, the basis shall be
pesos maximum. When the total current assessed
the value of the value of the property thus
consideration is more than transmitted.
(c) Partition of hereditary places. In the sale,
estate; Conjugal property. conveyance, or transfer of
In the partition of an properties situated in
hereditary estate which is different cities or
still in the name of the provinces, the basis of the
deceased, in which fees in each Registry of
determinate properties are Deeds where the
adjudicated to each heir instrument is to be
devisee or legatee, or to registered shall be the
each group of heirs, total selling price of the
devisees or legatees, the properties situated in the
basis of the fees to be paid respective city or province,
by each person or group, or, in the case of lump sum
as the case may be, shall consideration, such portion
be the total current thereof as obtained for
assessed value of the those properties lying
properties thus within the jurisdiction of
adjudicated to each the respective registry
person or group. In the after apportioning the total
case, however, of conjugal consideration of the sale,
property, the basis of the conveyance or transfer in
fees for the registration of accordance with the
one-half thereof in the current assessed value of
name of the surviving such properties.
spouse shall be the total
current assessed value of (g) Conveyance of
the properties adjudicated mortgaged properties. In
to said spouse. the sale, conveyance, or
transfer of a mortgaged
(d) Subdivision or partition. property, the basis shall be
In the partition of real the selling price of the
property held in common property proper plus the
by several registered co- full amount of the
owner's the basis of the mortgage, or the unpaid
fees to be paid by each balance thereof if the latter
co-owner or group of co- is stated in the instrument.
owners shall be the total If the properties are
assessed value of the situated in different cities
property taken by each co- or provinces, the basis of
owner or group. the fees in each Registry
of Deeds where the
(e) Conveyance: several instrument is to be
lots and parties. In the registered shall be such
sale, conveyance or sum as obtained for the
transfer of two or more properties situated in the
parcels of land in favor of respective city or province
two or more separate after apportioning in
parties but executed in accordance with the
one single instrument, the current assessed values of
basis shall be the total said properties the total
selling price paid by each amount of consideration
party-buyer, or, in the case as above computed,
of lump sum consideration, unless the selling price of
such portion thereof as the properties in each city
apportioned in accordance or province and the
with the assessed value of proportionate share
the respective land thereof in the amount of
acquired by each party- unpaid balance of the
buyer. mortgage are stated in the
instrument, in which case,
(f) Conveyance of the aggregate of such
properties in different selling price and share
shall be the basis. In any fees corresponding to the
case, however, where the final release shall be
aggregate value of the computed on the basis of
consideration as above ten per centum of the
computed shall be less difference between the
than the current assessed amount of the mortgage
value of the properties in and the aggregate of the
the city or province consideration used as
concerned, such assessed basis for the collection of
value shall be the basis of the fees paid for the
the fees in the respective registration of all previous
Registry. partial releases.

(h) Mortgage of properties (j) Certificate of sale. In a

in different places. In a certificate of sale at public
mortgage affecting auction by virtue of an
properties situated in order of execution or sale
different cities or for delinquency in the
provinces, the basis of the payment of taxes, or
fees in each Registry of repurchase of the property
Deeds where the so sold, the basis of the
document is to be fees in each Registry shall
registered shall be such be ten per centum of the
amount as obtained for the selling or repurchase price
properties lying within the of the property lying within
jurisdiction of said Registry the jurisdiction of the
after apportioning the total Registry.
amount of the mortgage in
accordance with the (k) Affidavit of
current assessed value of consolidation of
such properties. ownership. In an affidavit
for the consolidation of
(i) Release of mortgage. In ownership over a property
the release of a mortgage sold with pacto de retro or
the basis of the fees shall pursuant to an extra
be an amount equal to ten judicial foreclosure under
per centum of the total the provisions of Act
amount of obligation Numbered Thirty-one
secured by the mortgage. hundred and thirty-five, as
If the properties are amended, the basis of the
situated in different cities fees in each Registry shall
or provinces, the basis of be an amount equivalent
the fees in each Registry to ten per centum of the
shall be ten per centum of consideration of the sale in
such sum as obtained for the respective city or
the properties in the province.
respective city or province
after apportioning the (l) Contract of lease. In
amount of the mortgage in contracts of lease, the
accordance with the basis of the fees in each
current assessed values of Registry shall be the sum
such properties. In the total to be paid by the
case of a partial release, lessee for the properties
the fees shall be based on situated in the respective
ten per centum of the city or province during the
current assessed value of entire period specified in
the property so released in the contract, including the
the respective city or extension contemplated by
province; Provided, the parties which may be
however, That where given effect without the
several partial releases necessity of further
had been registered, the registration. If the period is
from year to year, or be the current assessed
otherwise not fixed, the value of the properties
basis shall be the total lying within the jurisdiction
amount of rentals due for of the Registry concerned.
thirty months. If the rentals
are not distributed, the 18. Issuance of copy of
total amount thereof as document. For furnishing copies
above computed shall be of any entry, decree, document,
apportioned to said or other papers on file, fifty
properties in accordance centavos for each hundred words
with their assessed values, of fraction thereof contained in
and the proportionate sum the copies thus furnished.
thus obtained for each city
or province shall be the 19. Certified copy. For certifying a
basis of the fees to be copy furnished under the next
collected in the Registry preceding paragraph, for each
concerned. certification, five pesos for one
page and one peso for each
(m) Termination of lease. additional page certified.
In the termination of lease,
the basis of the fees in 20. Certification. For issuing a
each registry shall be ten certificate relative to, or showing
per centum of the amount the existence or non-existence of,
used as basis for the an entry in the registration books
collection of the fees paid or a document on file, for each
for the registration of said such certificate containing not
lease. more than two hundred words,
five pesos; if it exceeds that
(n) Option to purchase or number an additional fee of one
promise to sell. In peso shall be collected for every
contracts of option to hundred words, or fraction
purchase or promise to thereof, in excess of the first two
sell, the basis of the fees hundred words.
in each Registry shall be
ten per centum of the 21. Research fee. For services
current assessed value of rendered in attending to request
the property subject of for reference or researches on
such contract in the any records or documents on file
respective city or province. in the Registry, there shall be
collected two pesos per
(o) Consideration not document or record.
stated or fixed or less than
assessed value. In other D. Fees payable to the Commissioner of
transactions where the Land Registration. The fees payable to
actual value of the the Commissioner of Land Registration
consideration is not fixed shall be as follows:
in the contract or cannot
be determined from the 1. For verification and approval of
terms thereof, or, in case subdivision plans, the fee shall
of a sale, conveyance, or be:
transfer, the consideration
stated is less than the (a For each lot ... P2.0
current assessed value of ) .. 0
the property, the basis of ...........
the fees shall be the
current assessed value of (b For each corner of a lot, 0.20
the property involved in ) irrespective of whether such
the transaction. If the corner is common to two or
properties are situated in more lots ...............
different cities or (c For each traverse 0.10
provinces, the basis of the ) station .........
fees in each Registry shall
 ... existing plan, the fees shall be
computed as follows:
(d For each observation ........... 0.50
) (a) When the plan to be so
(e In case the plan is a prepared contains only
) resurveyed or relocation plan one lot:
an additional 40 per cent of
the rates prescribed above 1 For the first ten corners or fraction P40.00
shall be collected. . thereof .........
2 For the next ten corners or fraction 6.00
. thereof ..........
Provided, however, that the total fee as
computed above, whether for 3 For each corner in excess of the 0.40
subdivision and/or consolidation- . first twenty corners ...........
subdivision survey, resurveyed or
relocation plan, shall in no case be less
than P8.00 per plan.
(b) When the plan to be so
2. For changing or correcting the prepared contains two or
name of any person appearing on more lots:
the subdivision plan or other plan
in order to have it conform to that 1 For the first lot, which must be the P40.0
stated in the certificate of title . biggest of the group, irrespective of 0
covering the land, and for the the number of its corner .........
cancellation of an approved plan .
when so requested by the
interested party, there shall be a 2 For each additional lot, irrespective P15.0
fee of P5.00 per plan. . of the number of its corners, said 0
lot being adjacent to the first lot or
3. The rates of fees prescribed in any other lot ..
paragraph 1 and 2, inclusive, 3 For each non-adjacent lot (other P20.0
shall apply to similar services . than the first charged lot), 0
rendered in connection with the irrespective of the number of its
examination, verification, and corners ........
approval of consolidation, ...
consolidation-subdivision,
resubdivision, and 4 If any lot contains more than twenty P0.40
reconsolidation plans, special . corners for each corner of such lot
work order plans on the basis of in the first twenty corners ........
certified copies of technical .
descriptions of plans approved by
the Land Registration
Commission or the Bureau of
Lands, private surveys, and other 5. For the preparation of a plan in
plans of similar nature. tracing cloth, to be traced from an
existing plan, complete with
In the computation of fees bearings and distances of
relative to lots subject of corners and tie lines, the fee shall
consolidation and consolidation- be 30 per centum of the fees
subdivision plans, a fee of two prescribed in paragraph 4 above.
pesos shall be collected per lot
as appearing in the old survey in 6. For the preparation of a plan in
addition to the fee collectible in tracing cloth, to be copied from
paragraph 1 hereof for the new an existing plan, complete with
lots. bearings and distances of sides
and tie-lines, but using a different
4. For the preparation of a plan in scale, the fee shall be 50 per
a tracing cloth of any survey, the centum of the fees prescribed
data of which are available in the under paragraph 4 above, if
Commission, except when the made on a reduced scale; or 60
same is merely traced from an
 per centum of the same fees, if copying from an existing copy,
made on an enlarged scale. there shall be collected the
following fees:
7. For the preparation of a simple
plan or sketch of any available (a For technical descriptions of lots or
survey or plan on any paper other ) parcels, typewritten in triplicate and
than a tracing cloth, the fee on double-spaced, including certification:
the basis of each lot, shall be as
follows: 1. For each lot ........... P3.00
2. For each corner of a lot ........... 0.20
(a For the first ten corners or fraction P20.0
) thereof .... 0 3. For each extra carbon copy, extra 0.20
...... charge ....
.. 4. Minimum total charge ............. 3.00
(b For the second ten corners or 5.00 (b For lot description prepared in tracing cloth
) fraction thereof ....... ) (on tabulated form) including certification:
.......
1. For each sheet ......... P1.50
(c For the third ten corners or fraction 2.00
) thereof ........ 2. For each lot .......... 0.20
... 3. For each corner in excess of ten for 0.10
. a lot ....
(d For each corner in excess of the 0.20 (c) Any common corner shall be counted as
) first thirty corners many items as there are lots to which it
.............. pertains.
(e If the sketch is prepared in tracing 5.00
) cloth, add to the total fees as above
computed ...
10. For certification of plans or
(f) If the plan or sketch so prepared copies of plans as to the
contains the bearing and distances correctness of the same, per plan
of the sides and tie-lines, add to the or print copy P3.00 and for the
total fees as above computed 10 issuance of all other certification
per centum thereof. P5.00 plus one 30-centavo
documentary stamp to be affixed
thereto.

8. For furnishing a plan copy 11. For inspection of land subject

(blue-print, or white print) of any of private surveys, simple or
plan on file in the Commission, complex subdivision plans, or
the fee shall be as follows: consolidation, consolidation-
subdivision, resubdivision, or
(a) For the copy of any size not exceeding forty square reconsolidation plans, special
decimeters ....... work orders, and other plans of
similar nature for the purpose of
(b) For one copy of more than forty square decimeters but verification and/or approval:
not exceeding eighty square decimeters in size .....
.......
(a For each plan with an aggregate P100.00
(c) For one copy of more than eighty square decimeters ) area of 1,000 sq. m. or
but not exceeding one hundred twenty square less .........
decimeter in size ..
(b For each subdivision with an aggregate
(d) For one copy in excess of one hundred twenty square ) area of more than 1,000 sq. m.:
decimeters in size, the basis rate of nine pesos plus for
every twenty square decimeters or fraction thereof1.in For the first 1,000 s.m. ............. P100.00
excess ........ 2. For every succeeding 1,000 sq. 10.00
m. or fraction thereof ...........

9. For the preparation of technical

descriptions, other than mere
 12. For actual field work of subdivision for survey contracts, and for the maintenance
survey, relocation survey and and other operating expenses of the
resurveyed of land, the fees shall be as Commission.
follows:
CHAPTER XII
(a) Subdivision survey: FORMS USED IN LAND REGISTRATION
AND CONVEYANCING
1. Rural (Agricultural)
Section 112. Forms in conveyancing. The
Area Survey Fee Commissioner of Land Registration shall
prepare convenient blank forms as may be
For the first hectare necessary to help facilitate the proceedings in
P 350.00
........... land registration and shall take charge of the
For the 2nd ha. to An additional 60.00 printing of land title forms.
10th ha. per ha.
Deeds, conveyances, encumbrances,
For the 11th ha. to An additional discharges, powers of attorney and other
20th ha. P30.00 per ha. voluntary instruments, whether affecting
registered or unregistered land, executed in
For the 21st ha. to An additional
accordance with law in the form of public
30th ha. P20.00 per ha.
instruments shall be registerable: Provided,
For the 31st ha. to An additional that, every such instrument shall be signed by
200th ha. P10.00 per ha. the person or persons executing the same in
the presence of at least two witnesses who
For the 201st ha. An additional P8.00
shall likewise sign thereon, and shall
or over per ha.
acknowledged to be the free act and deed of
the person or persons executing the same
before a notary public or other public officer
A fraction of a hectare shall be authorized by law to take acknowledgment.
considered one hectare. Where the instrument so acknowledged
consists of two or more pages including the
2. Urban (Solar): page whereon acknowledgment is written,
each page of the copy which is to be registered
First 200 sq. m. or less ......... in the office of the Register of Deeds, or if
registration is not contemplated, each page of
Succeeding 201 sq. m. or more ........... 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
(b) Relocation Survey or Resurveyed: the left margin thereof by the person or
persons executing the instrument and their
The fee for relocation survey or resurveyed witnesses, and all the ages sealed with the
shall be one hundred fifty per cent (150%) of notarial seal, and this fact as well as the
the amount of survey fee collectible on the number of pages shall be stated in the
basis of the schedule of fees for subdivision acknowledgment. Where the instrument
survey as provided in the preceding paragraph acknowledged relates to a sale, transfer,
plus one per cent (1%) of the assessed value mortgage or encumbrance of two or more
of the land. parcels of land, the number thereof shall
likewise be set forth in said acknowledgment.
Special Account. Twenty per centum of all the
collections of the Registers of Deeds and of the CHAPTER XIII
Land Registration Commission under this DEALINGS WITH UNREGISTERED LANDS
Section and Sections 118 and 116 of this
Decree shall be appropriated and upon Section 113. Recording of instruments relating
approval of a budget for it by the Ministry of the to unregistered lands. No deed, conveyance,
Budget, such amounts shall be disbursed and mortgage, lease, or other voluntary instrument
all offices under the Land Registration affecting land not registered under the Torrens
Commission, for the purchase of necessary system shall be valid, except as between the
equipment, for payment of allowances of parties thereto, unless such instrument shall
officials and employees of the Commission, have been recorded in the manner herein
including those of the Registries of Deeds, as prescribed in the office of the Register of
authorized by the Commissioner, for contracts Deeds for the province or city where the land
regarding security printing of Land title forms, lies.
(a) The Register of Deeds for each instruments concerning registered
province or city shall keep a Primary lands.
Entry Book and a Registration Book.
The Primary Entry Book shall contain, CHAPTER XIV
among other particulars, the entry REGISTRATION OF CHATTEL MORTGAGES
number, the names of the parties, the
nature of the document, the date, hour Section 114. Recording of chattel
and minute it was presented and mortgages. A chattel mortgage shall be
received. The recording of the deed and recorded in the office of the Register of Deeds
other instruments relating to of the province or city where the mortgagor
unregistered lands shall be effected by resides as well as where the property is
any of annotation on the space provided situated or ordinarily kept.
therefor in the Registration Book, after
the same shall have been entered in the Section 115. Manner of recording chattel
Primary Entry Book. mortgages. Every Register of Deeds shall keep
a Primary Entry Book and a Registration Book
(b) If, on the face of the instrument, it for chattel mortgages; shall certify on each
appears that it is sufficient in law, the mortgage filed for record, as well as on its
Register of Deeds shall forthwith record duplicate, the date, hour, and minute when the
the instrument in the manner provided same was by him received; and shall record in
herein. In case the Register of Deeds such books any chattel mortgage, assignment
refuses its administration to record, said or discharge thereof, and any other instrument
official shall advise the party in interest relating to a recorded mortgage, and all such
in writing of the ground or grounds for instruments shall be presented to him in
his refusal, and the latter may appeal duplicate, the original to be filed and the
the matter to the Commissioner of Land duplicate to be returned to the person
Registration in accordance with the concerned.
provisions of Section 117 of this Decree.
It shall be understood that any recording The recording of a mortgage shall be effected
made under this section shall be without by making an entry, which shall be given a
prejudice to a third party with a better correlative number, setting forth the names of
right. the mortgagee and the mortgagor, the sum or
obligation guaranteed, date of the instrument,
(c) After recording on the Record Book, name of the notary before whom it was sworn
the Register of Deeds shall endorse to or acknowledged, and a note that the
among other things, upon the original of property mortgaged, as well as the terms and
the recorded instruments, the file conditions of the mortgage, is mentioned in
number and the date as well as the hour detail in the instrument filed, giving the proper
and minute when the document was file number thereof. The recording of other
received for recording as shown in the instruments relating to a recorded mortgage
Primary Entry Book, returning to the shall be effected by way of annotation on the
registrant or person in interest the space provided therefor in the Registration
duplicate of the instrument, with Book, after the same shall have been entered
appropriate annotation, certifying that he in the primary Entry Book.
has recorded the instrument after
reserving one copy thereof to be The Register of Deeds shall also certify the
furnished the provincial or city assessor officer's return of sale upon any mortgage,
as required by existing law. making reference upon the record of such
officer's return to the volume and page of the
(d) Tax sale, attachment and levy, notice record of the mortgage, and a reference of
of lis pendens, adverse claim and other such return on the record of the mortgage
instruments in the nature of involuntary itself, and give a certified copy thereof, when
dealings with respect to unregistered requested, upon payment of the legal fees for
lands, if made in the form sufficient in such copy thereof, when requested, upon
law, shall likewise be admissible to payment of the legal fees for such copy and
record under this section. certify upon each mortgage officer's return of
sale or discharge of mortgage, and upon any
(e) For the services to be rendered by other instrument relating to such a recorded
the Register of Deeds under this mortgage, both on the original and in the
section, he shall collect the same duplicate, the date, hour, and minute when the
amount of fees prescribed for similar same is received for record and record such
services for the registration of deeds or certificate index of mortgagors and
mortgagees, which record and index shall be the mortgage is more than one
open to public inspection. hundred thousand pesos but
does not exceed five hundred
Duly certified copies of such records and of thousand pesos, three hundred
filed instruments shall be receivable as fifty-two pesos for the initial
evidence in any court. amount not exceeding one
hundred ten thousand pesos and
Section 116. Fees for chattel mortgages, etc. twenty pesos for each additional
The register of Deeds shall collect the following ten thousand pesos or fractional
fees for services rendered by him under this part thereof.
section:
(e) More than five hundred
1. Entry fee. For entry or presentation of thousand pesos. When the
any document in the Primary Entry amount of the mortgage is more
Book, five pesos. Supporting papers than five hundred thousand
presented together with the principal pesos, one thousand one
document need not be charged any hundred sixty-two pesos for the
entry or presentation fee unless the initial amount not exceeding five
party in interest desires that they be hundred twenty thousand pesos,
likewise entered. and thirty pesos for each
additional twenty thousand pesos
2. Chattel Mortgage. For filing and or fractional part thereof:
recording each chattel mortgage, Provided, however, that
including the necessary certificates and registration of the mortgage in the
affidavits, the fees established in the province where the property is
following schedule shall be collected: situated shall be sufficient
registration and provided, further,
(a) Six thousand pesos that if the mortgage is to be
maximum. When the amount of registered in more than one city
the mortgage does not exceed or province, the Register of
six thousand pesos, seven pesos Deeds of the city or province
for the first five hundred pesos, or where the instrument is first
fractional part thereof, and three presented for registration shall
pesos for each additional five collect the full amount of the fees
hundred pesos, or fractional part due in accordance with the
thereof. schedule prescribed above, and
the Register of Deeds of the
(b) Thirty thousand pesos other city of province where the
maximum. When the amount of same instrument is also to be
the mortgage is more than six registered shall collect only a
thousand pesos but does not sum equivalent to twenty per
exceed thirty thousand pesos, centum of the amount of fees due
forty-eight pesos for the initial and paid in the first city of
amount not exceeding eight province, but in no case shall the
thousand pesos, and eight pesos fees payable in any Registry be
for each additional two thousand less than the minimum fixed in
pesos or fractional part thereof. this schedule.

(c) One hundred thousand pesos 3. Conveyance of mortgaged property,

maximum. When the amount of etc. For recording each instrument of
the mortgage is more than thirty sale, conveyance, or transfer of the
thousand pesos but does not property which is subject of a recorded
exceed one hundred thousand mortgage, or of the assignment of
pesos, one hundred fifty pesos mortgage credit, the fees established in
for the initial amount not the preceding schedule shall be
exceeding thirty-five thousand collected on the bases of ten per
pesos, and fourteen pesos for centum of the amount of the mortgage
each additional five thousand or unpaid balance thereof, provided, that
pesos of fractional part thereof. the latter is stated in the instrument.

(d) Five hundred thousand pesos 4. Notice of attachment. For recording

maximum. When the amount of each notice of attachment, including the
necessary index and annotations, eight Section 117. Procedure. When the Register of
pesos. Deeds is in doubt with regard to the proper
step to be taken or memorandum to be made
5. Release of mortgage. For recording in pursuance of any deed, mortgage or other
such release of mortgage, including the instrument presented to him for registration, or
necessary index and references, the where any party in interest does not agree with
fees established in the schedule under the action taken by the Register of Deeds with
paragraph (b) above shall be collected reference to any such instrument, the question
on the basis of five per centum of the shall be submitted to the Commissioner of
amount of the mortgage. Land Registration by the Register of Deeds, or
by the party in interest thru the Register of
6. Release of attachment. For recording Deeds.
each release of attachment, including
the proper annotations, five pesos. Where the instrument is denied registration,
the Register of Deeds shall notify the
7. Sheriff's return of sale. For recording interested party in writing, setting forth the
each sheriff's return of sale, including defects of the instrument or legal grounds
the index and references, seven pesos. relied upon, and advising him that if he is not
agreeable to such ruling, he may, without
8. Power of attorney, appointment of withdrawing the documents from the Registry,
guardian, administrator or trustee. For elevate the matter by consulta within five days
recording a power of attorney, from receipt of notice of the denial of
appointment of judicial guardian, registration to the Commissioner of Land
administrator, or trustee, or any other Registration.
instrument in which a person is given
power to act in behalf of another in The Register of Deeds shall make a
connection with a mortgage, ten pesos. memorandum of the pending consulta on the
certificate of title which shall be canceled motu
9. No specific fee. For recording each proprio by the Register of Deeds after final
instrument or order relating to a resolution or decision thereof, or before
recorded mortgage, including the resolution, if withdrawn by petitioner.
necessary index and references, for
which no specific fee is provided above, The Commissioner of Land Registration,
five pesos. considering the consulta and the records
certified to him after notice to the parties and
10. Certified copy. For certified copies of hearing, shall enter an order prescribing the
records, such fees as are allowed by step to be taken or memorandum to be made.
law for copies kept by the Register of His resolution or ruling in consultas shall be
Deeds. conclusive and binding upon all Registers of
Deeds, provided, that the party in interest who
11. Certification. For issuing a certificate disagrees with the final resolution, ruling or
relative to, or showing the existence or order of the Commissioner relative to consultas
non-existence of an entry in the may appeal to the Court of Appeals within the
registration book, or a document on file, period and in manner provided in Republic Act
for each such certificate containing not No. 5434.
more than two hundred words, five
pesos; if it exceeds that number, an CHAPTER XVI
additional fee of one peso shall be FINAL PROVISIONS
collected for every one hundred words
or fractional part thereof, in excess of Section 118. Appropriation. There is hereby
the first two hundred words. appropriated initially the sum of TWELVE
MILLION THREE HUNDRED FORTY
12. Research Fee. For services THOUSAND PESOS (P12,340,000.00) from
rendered in attending to requests for the National Treasury not otherwise
references to, or researches on any appropriated for the implementation of this
document on file in the Registry, there decree; thereafter, said sum shall be added to
shall be collected a fee of two pesos per the regular appropriation act of every year.
document.
Section 119. Postage exemption. No postage
CHAPTER XV stamps or mailing charges shall be required in
CONSULTAS 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.

Section 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.

Section 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.

Section 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.