RESIDENTIAL DECREE NO.

1529 General Provisions

SECTION 1.Title of Decree. This Decree
AMENDING AND CODIFYING THE LAWS shall be known as the PROPERTY
RELATIVE TO REGISTRATION OF PROPERTY REGISTRATION DECREE. cdtai

AND FOR OTHER PURPOSES SECTION 2.Nature of Registration

Proceedings; Jurisdiction of Courts. Judicial
WHEREAS, there is a need to update the proceedings for the registration of lands
Land Registration Act and to codify the various throughout the Philippines shall be in rem and
laws relative to registration of property, in order to shall be based on the generally accepted
facilitate effective implementation of said laws; principles underlying the Torrens system.
WHEREAS, to strengthen the Torrens Courts of First Instance shall have
system, it is deemed necessary to adopt exclusive jurisdiction over all applications for
safeguards to prevent anomalous titling of real original registration of title to lands, including
property, and to streamline and simplify improvements and interests therein, and over all
registration proceedings and the issuance of petitions filed after original registration of title, with
certificates of title; power to hear and determine all questions arising
upon such applications or petitions. The court
WHEREAS, the decrees promulgated through its clerk of court shall furnish the Land
relative to the registration of certificates of land Registration Commission with two certified copies
transfer and emancipation patents issued of all pleadings, exhibits, orders, and decisions
pursuant to Presidential Decree No. 27 to hasten filed or issued in applications or petitions for land
the implementation of the land reform program of registration, with the exception of stenographic
the country form an integral part of the property notes, within five days from the filing or issuance
registration laws; thereof.
NOW, THEREFORE, I, FERDINAND E. SECTION 3.Status of Other Pre-existing
MARCOS, President of the Republic of the Land Registration System. The system of
Philippines, by virtue of the powers vested in me registration under the Spanish Mortgage Law is
by the Constitution, do hereby order and decree hereby discontinued and all lands recorded under
the following:
CHAPTER I
said system which are not yet covered by Torrens chief to be known, respectively, as the
title shall be considered as unregistered lands. Commissioner and the Deputy Commissioner of
Hereafter, all instruments affecting lands Land Registration who shall be appointed by the
originally registered under the Spanish Mortgage President. The Commissioner shall be a duly
Law may be recorded under Section 113 of this qualified member of the Philippine Bar with at
Decree, until the land shall have been brought least ten years of practice in the legal profession,
under the operation of the Torrens system. and shall have the same rank, compensation and
privileges as those of a Judge of the Court of First
The books of registration for unregistered Instance. The Deputy Commissioner, who shall
lands provided under Section 194 of the Revised possess the same qualifications as those required
Administrative Code, as amended by Act No. of the Commissioner, shall receive compensation
3344, shall continue to remain in force;provided, which shall be three thousand pesos per
that all instruments dealing with unregistered annum less than that of the Commissioner. He
lands shall henceforth be registered under shall act as Commissioner of Land Registration
Section 113 of this Decree. cd i
during the absence or disability of the
CHAPTER II Commissioner and when there is a vacancy in the
The Land Registration Commission and Its position until another person shall have been
Registries of Deeds designated or appointed in accordance with law.
The Deputy Commissioner shall also perform
SECTION 4.Land Registration such other functions as the Commissioner may
Commission. In order to have a more efficient assign to him.
execution of the laws relative to the registration of
lands, geared to the massive and accelerated They shall be assisted by such number of
land reform and social justice program of the division chiefs as may be necessary in the
government, there is created a commission to be interest of the functioning of the Commission, by
known as the Land Registration Commission a Special Assistant to the Commissioner, and by
under the executive supervision of the a Chief Geodetic Engineer who shall each receive
Department of Justice. compensation at the rate of three thousand four
hundred pesos per annum less than that of the
SECTION 5.Officials and Employees of the Deputy Commissioner. cdtai

Commission. The Land Registration

Commission shall have a chief and an assistant
 All other officials and employees of the the issuance by the
Land Registration Commission including those of Registers of Deeds of the
the Registries of Deeds whose salaries are not corresponding certificates
herein provided, shall receive salaries of title;
corresponding to the minimum of their respective
(b)Exercise supervision and
upgraded ranges as provided under paragraph
control over all Registers
3.1 of Budget Circular No. 273, plus sixty per
of Deeds and other
centum thereof across the board, notwithstanding
personnel of the
the maximum salary allowed for their respective
Commission;
civil service eligibilities.
The salaries of officials and employees (c)Resolve cases elevated en
provided in this Decree shall be without prejudice consulta by, or on appeal
to such benefits and adjustments as may from from decision of, Registers
time to time be granted by the President or by the of Deeds; aisa dc

legislature to government employees. (d)Exercise executive

All officials and employees of the supervision over all clerks
Commission except Registers of Deeds shall be of court and personnel of
appointed by the Secretary of Justice upon the Courts of First Instance
recommendation of the Commissioner of Land throughout the Philippines
Registration. with respect to the
discharge of their duties
SECTION 6.General Functions.
and functions in relation to
(1)The Commissioner of Land the registration of lands;
Registration shall have the
following functions: (e)Implement all orders,
decisions, and decrees
(a)Issue decrees of registration promulgated relative to the
pursuant to final registration of lands and
judgments of the courts in issue, subject to the
land registration approval of the Secretary
proceedings and cause
 of Justice, all needful rules including subdivision and
and regulations therefor; consolidation plans of
titled lands.
(f)Verify and approve
subdivision, consolidation, SECTION 7.Office of the Register of
and consolidation- Deeds. There shall be at least one Register of
subdivision survey plans of Deeds for each province and one for each city.
properties titled under Act Every Registry with a yearly average collection of
No. 496 except those more than sixty thousand pesos during the last
covered by P.D. No. 957. three years shall have one Deputy Register of
Deeds, and every Registry with a yearly average
(2)The Land Registration Commission
collection of more than three hundred thousand
shall have the following
pesos during the last three years, shall have one
functions:
Deputy Register of Deeds and one second
(a)Extend speedy and effective Deputy Register of Deeds. cdasia

assistance to the The Secretary of Justice shall define the

Department of Agrarian official station and territorial jurisdiction of each
Reform, the Land Bank, Registry upon the recommendation of the
and other agencies in the Commissioner of Land Registration, with the end
implementation of the land in view of making every Registry easily accessible
reform program of the to the people of the neighboring municipalities.
government;
The province or city shall furnish a suitable
(b)Extend assistance to courts in space or building for the office of the Register of
ordinary and cadastral Deeds until such time as the same could be
land registration furnished out of national funds.
proceedings;
SECTION 8.Appointment of Registers of
(c)Be the central repository of Deeds and their Deputies and Other Subordinate
records relative to original Personnel; Salaries. Registers of Deeds shall
registration of lands titled be appointed by the President of the Philippines
under the Torrens system, upon recommendation of the Secretary of Justice.
Deputy Registers of Deeds and all other Registers of Deeds shall be three
subordinate personnel of the Registries of Deeds thousand four hundred pesos per
shall be appointed by the Secretary of Justice annum less than those of their
upon the recommendation of the Commissioner corresponding Registers of
of Land Registration. Deeds and Deputy Registers of
The salaries of Registers of Deeds and Deeds, respectively.
their Deputies shall be at the following rates: The Secretary of Justice, upon recommendation of
(1)First Class Registries The the Commissioner of Land Registration, shall cause
salaries of Registers of Deeds in the reclassification of Registries based either on work
first class Registries shall be load or the class of province/city, whichever will result
three thousand four hundred in a higher classification, for purposes of salary
pesos per annum less than that adjustments in accordance with the rates hereinabove
of the Deputy Commissioner. provided.
(2)Second Class Registries The SECTION 9.Qualifications of Registers of
salaries of Registers of Deeds in Deeds and Deputy Registers of Deeds. No
second class Registries shall be person shall be appointed Register of Deeds
three thousand four hundred unless he has been admitted to the practice of
pesos per annum less than those law in the Philippines and shall have been
of Registers of Deeds in first actually engaged in such practice for at least
class Registries. cdasia
three years or has been employed for a like
period in any branch of government the functions
(3)Third Class Registries The of which include the registration of property.
salaries of Registers of Deeds in
third class Registries shall be
three thousand four hundred The Deputy Register of Deeds shall be a
pesos per annum less than those member of the Philippine Bar. Provided, however,
of Registers of Deeds in second that no Register of Deeds or Deputy Register of
class Registries. Deeds holding office as such upon the passage of
this Decree shall by reason hereof, be removed
(4)The salaries of Deputy Registers of
from office or be demoted to a lower category or
Deeds and Second Deputy
scale of salary except for cause and upon suspension, or inability of the
compliance with due process as provided for by Register of Deeds to discharge
law. his duties, said duties shall be
SECTION 10.General Functions of performed by the following
Registers of Deeds. The office of the Register officials, in the order in which
of Deeds constitutes a public repository of they are mentioned below,
records of instruments affecting registered or unless the Secretary of Justice
unregistered lands and chattel mortgages in the designates another official to act
province or city wherein such office is situated. cd
temporarily in his place:
It shall be the duty of the Register of Deeds (a)For the province or city where
to immediately register an instrument presented there is a Deputy Register
for registration dealing with real or personal of Deeds, by said Deputy
property which complies with all the requisites for Register of Deeds, or by
registration. He shall see to it that said instrument the second Deputy
bears the proper documentary and science Register of Deeds, should
stamps and that the same are properly cancelled. there be one;
If the instrument is not registrable, he shall (b)For the province or city where
forthwith deny registration thereof and inform the there is no Deputy or
presentor of such denial in writing, stating the second Deputy Register of
ground or reason therefor, and advising him of his Deeds, by the Provincial or
right to appeal byconsulta in accordance with City Fiscal, or any
Section 117 of this Decree. Assistant Fiscal
SECTION 11.Discharge of Duties of designated by the
Register of Deeds in Case of Vacancy, etc. Provincial or City Fiscal;
(1)Until a regular Register of Deeds (2)In case of absence, disability or
shall have been appointed for a suspension of the Register of
province or city, or in case of Deeds without pay, or in case of
vacancy in the office, or upon the vacancy in the position, the
occasion of the absence, illness, Secretary of Justice may, in his
 discretion, authorize the payment shall also submit to the Commission at the end of
of an additional compensation to December of each year, an annual inventory of all
the official acting as Register of titles and instruments in his Registry.
Deeds, such additional SECTION 13.Chief Geodetic Engineer.
compensation together with his There shall be a Chief Geodetic Engineer in the
actual salary not to exceed the Land Registration Commission who shall be the
salary authorized for the position technical adviser of the Commission on all
thus filled by him.cdt
matters involving surveys and shall be
(3)In the case of a newly-created responsible to him for all plats, plans and works
province or city and pending requiring the services of a geodetic engineer in
establishment of a Registry of said office. He shall perform such other functions
Deeds and the appointment of a as may, from time to time, be assigned to him by
regular Register of Deeds for the the Commissioner.
new province or city, the Register CHAPTER III
of Deeds of the mother province
Original Registration
or city shall be the ex-
officio Register of Deeds for said I. Ordinary Registration Proceedings
new province or city. A. Applications
SECTION 12.Owner's Index; Reports. SECTION 14.Who May Apply. The
There shall be prepared in every Registry an following persons may file in the proper Court of
index system which shall contain the names of all First Instance an application for registration of title
registered owners alphabetically arranged. For to land, whether personally or through their duly
this purpose, an index card shall be prepared in authorized representatives:
the name of each registered owner which shall (1)Those who by themselves or through
contain a list of all lands registered in his name. their predecessors-in-interest
The Register of Deeds shall submit to the have been in open, continuous,
Land Registration Commission within ten days exclusive and notorious
after the month to which they pertain his monthly possession and occupation of
reports on collections and accomplishments. He alienable and disposable lands of
 the public domain under a bona trust by him, unless prohibited by the instrument
fide claim of ownership since creating the trust.
June 12, 1945, or earlier. SECTION 15.Form and Contents. The
(2)Those who have acquired ownership application for land registration shall be in writing,
of private lands by prescription signed by the applicant or the person duly
under the provisions of existing authorized in his behalf, and sworn to before any
laws. officer authorized to administer oaths for the
province or city where the application was
(3)Those who have acquired ownership actually signed. If there is more than one
of private lands or abandoned applicant, the application shall be signed and
river beds by right of accession or sworn to by and in behalf of each. The application
accretion under the existing laws. shall contain a description of the land and shall
(4)Those who have acquired ownership state the citizenship and civil status of the
of land in any other manner applicant, whether single or married, and, if
provided for by law. married, the name of the wife or husband, and, if
the marriage has been legally dissolved, when
Where the land is owned in common, all and how the marriage relation terminated. It shall
the co-owners shall file the application jointly. also state the full names and addresses of all
Where the land has been sold under pacto occupants of the land and those of the adjoining
de retro, the vendor a retro may file an application owners, if known, and, if not known, it shall state
for the original registration of the land, provided, the extent of the search made to find them.
however, that should the period for redemption The application, shall, in form, be
expire during the pendency of the registration substantially as follows: cdt

proceedings and ownership to the property

consolidated in the vendee a retro, the latter shall
be substituted for the applicant and may continue Republic of the Philippines
the proceedings. cda
Court of First Instance of
A trustee on behalf of his principal may _______________
apply for original registration of any land held in
The undersigned, shown on the plan and technical
_________________________________ descriptions attached hereto and made a
_________________________ part hereof, with the following exception:
_________________________________ ____________________________
_________________________________ _________________________________
___________ _________________________________
_________________________________ _________________________________
_________________________________ _________ .
___________
2.That said land at the last assessment
hereby applies (or apply) to have the land
for taxation was assessed at P ______,
hereinafter described brought under the
Philippine currency, and the buildings and
operation of the Property Registration
other improvements at P ___________,
Decree, and to have the title thereto
Philippine currency.
registered and confirmed:
3.That to the best of my/our knowledge
AND DECLARE . . . .
and belief, there is no mortgage or
1.That the applicants/s is/are the owners encumbrance of any kind whatsoever
of the land (by virtue of inheritance or affecting said land, nor any other person
deed of sale or conveyance and/or having any interest therein, legal or
possession in accordance with Section 14 equitable, or in possession, other than as
of said Decree), together with the building follows:
and improvements thereon, with the _________________________________
exception of the following: _________________________________
_________________________________ _________________________________
_________________________________ _________ .
_________________________________
4.That the applicant/s has/have acquired
which is/are the property of
said land in the following manner:
_________________________________
_________________________________
___________ residing at
_________________________________
_________________________________
_________________________________
__ The said land, consisting of
_________.
____________________ parcel/s is/are
situated, bounded and described as
(Note: Refer to Sec. 14 of said Decree. _________________________________
State also whether the property is _________________________________
conjugal, paraphernal or exclusive _________________________________
property of the applicant/s) ________ .
5.That said land is occupied by the 9.That (Note: If the land included in the
following person: application is bounded by a public or
_________________________________ private way or road, there should be
_________________________________ stated in this paragraph whether or not
_________________________________ the applicant claims any and what land
_____ . within the limits of the way or road and
whether the applicant desires to have the
6.That the names in full and addresses,
line of the way or road determined.)
as far as known to the undersigned, of the
_____________
owners of all adjoining properties, of the
_________________________________
persons mentioned in paragraphs 3 and
_________________________________
5, and of the persons shown on the plan
______________________ .
as claimants, are as follows:
_________________________________
_________________________________
_________________________________ 10.That the following documents are
_________ . attached hereto and made a part hereof:
_________________________________
7.That the applicant/s is/are single or _________________________________
married to _____________________ _________________________________
(Note: if marriage has been legally _________ .
dissolved, state when and how the
marriage relation terminated.) Signed at ______________ this _______
_________________________________ day of ____________________, in the
_________________________________ year nineteen hundred and
_. ______________________.

8.That the applicant's/s' full name, age,

citizenship, residence, and postal
address/es is/are as follows:
 ________ _______________ dated ___________,
________ 19____.
_______
Applicant ________
________
________
________
________ (Notary
_______ Public, or
other
(Post
Officer
Office
authorize
Address)
d to
administe
Republic of the Philippines r oaths)

Province (or City) of _____________

PTR NO.
________
On this _________ day of _____
___________________, 19____
personally appeared before me the above- SECTION 16.Non-resident Applicant. If
named the applicant is not a resident of the Philippines,
_________________________________ he shall file with his application an instrument in
_________________ known to me to be due form appointing an agent or representative
the person/s who executed the foregoing residing in the Philippines, giving his full name
application and made oath that the and postal address, and shall therein agree that
statements therein are true of his/their the service of any legal process in the
knowledge, information and belief. proceedings under or growing out of the
The Residence Certificate/s application made upon his agent or
____________ of the applicant/s representative shall be of the same legal effect as
__________________ was/were exhibited if made upon the applicant within the Philippines.
to me being No. ___________ issued at If the agent or representative dies, or leaves the
Philippines, the applicant shall forthwith make Amendments which shall consist in a
another appointment for the substitute, and, if he substantial change in the boundaries or an
fails to do so, the court may dismiss the increase in area of the land applied for or which
application.cd i involve the inclusion of an additional land shall be
SECTION 17.What and Where to File. subject to the same requirements of publication
The application for land registration shall be filed and notice as in an original application. cda

with the Court of First Instance of the province or SECTION 20.When Land Applied for
city where the land is situated. The applicant shall Borders on Road. If the application describes
file together with the application all original the land as bounded by a public or private way or
muniments of titles or copies thereof and a survey road, it shall state whether or not the applicant
plan of the land approved by the Bureau of claims any and what portion of the land within the
Lands. limits of the way or road, and whether the
The clerk of court shall not accept any applicant desires to have the line of the way or
application unless it is shown that the applicant road determined.
has furnished the Director of Lands with a copy of SECTION 21.Requirement of Additional
the application and all annexes. Facts and Papers; Ocular Inspection. The
SECTION 18.Application Covering Two or court may require facts to be stated in the
More Parcels. An application may include two application in addition to those prescribed by this
or more parcels of land belonging to the Decree not inconsistent therewith and may
applicant/s provided they are situated within the require the filing of any additional papers. It may
same province or city. The court may at any time also conduct an ocular inspection, if necessary.
order an application to be amended by striking SECTION 22.Dealings with Land Pending
out one or more of the parcels or by a severance Original Registration. After the filing of the
of the application. application and before the issuance of the decree
SECTION 19.Amendments. of registration, the land therein described may still
Amendments to the application including joinder, be the subject of dealings in whole or in part, in
substitution, or discontinuance as to parties may which case the interested party shall present to
be allowed by the court at any stage of the the court the pertinent instruments together with a
proceedings upon just and reasonable terms. subdivision plan approved by the Director of
Lands in case of transfer of portions thereof, and
the court, after notice to the parties, shall order appearing to have an interest in the land involved
such land registered subject to the conveyance or including the adjoining owners so far as known,
encumbrance created by said instruments, or and "to all whom it may concern". Said notice
order that the decree of registration be issued in shall also require all persons concerned to appear
the name of the person to whom the property has in court at a certain date and time to show cause
been conveyed by said instruments. why the prayer of said application shall not be
B. Publication, Opposition and Default granted.
SECTION 23.Notice of Initial 2.By mailing.
Hearing, Publication, etc. The court shall, (a)Mailing of notice to persons named
within five days from filing of the application, issue in the application. The
an order setting the date and hour of the initial Commissioner of Land
hearing which shall not be earlier than forty-five Registration shall also, within
days nor later than ninety days from the date of seven days after publication of
the order. casia said notice in the Official
The public shall be given notice of the initial Gazette, as hereinbefore
hearing of the application for land registration by provided, cause a copy of the
means of (1) publication; (2) mailing; and (3) notice of initial hearing to be
posting. mailed to every person named in
the notice whose address is
1.By publication. known.
Upon receipt of the order of the court
(b)Mailing of notice to the Secretary of
setting the time for initial hearing, the
Public Highways, the Provincial
Commissioner of Land Registration shall cause a
Governor and the Mayor. If the
notice of initial hearing to be published once in
applicant requests to have the
the Official Gazette and once in a newspaper of
line of a public way or road
general circulation in the
determined, the Commissioner of
Philippines: Provided, however, that the
Land Registration shall cause a
publication in the Official Gazette shall be
copy of said notice of initial
sufficient to confer jurisdiction upon the court.
hearing to be mailed to the
Said notice shall be addressed to all persons
Secretary of Public Highways, to
 the Provincial Governor, and to 3.By posting.
the Mayor of the municipality or The Commissioner of Land Registration
city, as the case may be, in which shall also cause a duly attested copy of the notice
the land lies.
cdasia
of initial hearing to be posted by the sheriff of the
(c)Mailing of notice to the Secretary of province or city, as the case may be, or by his
Agrarian Reform, the Solicitor deputy, in a conspicuous place on each parcel of
General, the Director of Lands, land included in the application and also in a
the Director of Public Works, the conspicuous place on the bulletin board of the
Director of Forest Development, municipal building of the municipality or city in
the Director of Mines and the which the land or portion thereof is situated,
Director of Fisheries and Aquatic fourteen days at least before the date of initial
Resources. If the land borders hearing. aisa dc

on a river, navigable stream or The court may also cause notice to be

shore, or on an arm of the sea served to such other persons and in such manner
where a river or harbor line has as it may deem proper.
been established, or on a lake, or
The notice of initial hearing shall, in form,
if it otherwise appears from the
be substantially as follows:
application or the proceedings
that a tenant-farmer or the (Caption and Title)
national government may have a NOTICE OF INITIAL HEARING
claim adverse to that of the
applicant, notice of the initial To (here insert the names of all persons
appearing to have an interest and the
hearing shall be given in the
adjoining owners so far as known, and to
same manner to the Secretary of all whom it may concern): cda

Agrarian Reform, the Solicitor

General, the Director of Lands, An application (or petition) having been
the Director of Mines and/or the filed in the above-entitled case by (full
Director of Fisheries and Aquatic name and address) praying for the
registration and confirmation (or for the
Resources, as may be
settlement and adjudication, in case of
appropriate.
petition in cadastral proceedings) of title to t
the following described lands: :
(Insert description)
You are hereby served this notice to C
appear before this Court at its session to o
be held at ___________ on the _________ m
day of _______________, 19____, at m
___________ o'clock in the _________ i
then and there to present such claims as s
you may have to said lands or any portion s
thereof, and to submit evidence in support i
of such claim; and unless you appear at o
said Court at the time and place aforesaid, n
your default will be recorded and the title to e
the lands will be adjudicated and r
determined in accordance with law and the o
evidence before the Court, and thereafter f
you will forever be barred from contesting L
said application (or petition) or any decree a
entered thereon. n
d
Witness, the Hon. R
_____________________ Judge of the e
Court of First Instance of __________ this g
______ day of _______________, in the i
year 19____. s
t
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A a
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 SECTION 24.Proof of Publication and SECTION 26.Order of Default; Effect. If
Notice. The certification of the Commissioner no person appears and answers within the time
of Land Registration and of the sheriff concerned allowed, the court shall, upon motion of the
to the effect that the notice of initial hearing, as applicant, no reason to the contrary appearing,
required by law, has been complied with shall be order a default to be recorded and require the
filed in the case before the date of initial hearing, applicant to present evidence. By the description
and shall be conclusive proof of such fact. in the notice "To all Whom It May Concern", all
SECTION 25.Opposition to Application in the world are made parties defendant and shall
Ordinary Proceedings. Any person claiming an be concluded by the default order. cda

interest, whether named in the notice or not, may Where an appearance has been entered
appear and file an opposition on or before the and an answer filed, a default order shall be
date of initial hearing, or within such further time entered against persons who did not appear and
as may be allowed by the court. The opposition answer.
shall state all the objections to the application and C. Hearing Judgment and Decree of Registration
shall set forth the interest claimed by the party
filing the same and apply for the remedy desired, SECTION 27.Speedy Hearing; Reference
and shall be signed and sworn to by him or by to a Referee. The trial court shall see to it that
some other duly authorized person. all registration proceedings are disposed of within
ninety days from the date the case is submitted
for decision.
If the opposition or the adverse claim of any The court, if it deems necessary, may refer
person covers only a portion of the lot and said the case or any part thereof to a referee who shall
portion is not properly delimited on the plan hear the parties and their evidence, and the
attached to the application, or in case of referee shall submit his report thereon to the court
undivided co-ownership, conflicting claims of within fifteen days after the termination of such
ownership or possession, or overlapping of hearing. Hearing before a referee may be held at
boundaries, the court may require the parties to any convenient place within the province or city
submit a subdivision plan duly approved by the as may be fixed by him and after reasonable
Director of Lands. notice thereof shall have been served the parties
concerned. The court may render judgment in
accordance with the report as though the facts taken from the judgment of the court as in
have been found by the judge ordinary civil cases.
himself: Provided, however, that the court may in After judgment has become final and
its discretion accept the report, or set it aside in executory, it shall devolve upon the court to
whole or in part, or order the case to be forthwith issue an order in accordance with
recommitted for further proceedings: Section 39 of this Decree to the Commissioner for
SECTION 28.Partial Judgment. In a the issuance of the decree of registration and the
case where only a portion of the land subject of corresponding certificate of title in favor of the
registration is contested, the court may render person adjudged entitled to registration.
partial judgment provided that a subdivision plan SECTION 31.Decree of Registration.
showing the contested and uncontested portions Every decree of registration issued by the
approved by the Director of Lands is previously Commissioner shall bear the date, hour and
submitted to said court. cdtai
minute of its entry, and shall be signed by him. It
SECTION 29.Judgment Confirming Title. shall state whether the owner is married or
All conflicting claims of ownership and interest in unmarried, and if married, the name of the
the land subject of the application shall be husband or wife: Provided, however, that if the
determined by the court. If the court, after land adjudicated by the court is conjugal property,
considering the evidence and the reports of the the decree shall be issued in the name of both
Commissioner of Land Registration and the spouses. If the owner is under disability, it shall
Director of Lands, finds that the applicant or the state the nature of disability, and if a minor, his
oppositor has sufficient title proper for age. It shall contain a description of the land as
registration, judgment shall be rendered finally determined by the court, and shall set forth
confirming the title of the applicant, or the the estate of the owner, and also, in such manner
oppositor, to the land or portions thereof. as to show their relative priorities, all particular
SECTION 30.When Judgment Becomes estates, mortgages, easements, liens,
Final; Duty to Cause Issuance of Decree. The attachments, and other encumbrances, including
judgment rendered in a land registration rights of tenant-farmers, if any, to which the land
proceedings becomes final upon the expiration of or owner's estate is subject, as well as any other
thirty days to be counted from the data of receipt matters properly to be determined in pursuance of
of notice of the judgment. An appeal may be this Decree. cd
 The decree of registration shall bind the Decree, it shall be deemed to include an innocent
land and quiet title thereto, subject only to such lessee, mortgagee, or other encumbrancer for
exceptions or liens as may be provided by law. It value.
shall be conclusive upon and against all persons, Upon the expiration of said period of one
including the National Government and all year, the decree of registration and the certificate
branches thereof, whether mentioned by name in of title issued shall become incontrovertible. Any
the application or notice, the same being included person aggrieved by such decree of registration
in the general description "To all whom it may in any case may pursue his remedy by action for
concern". damages against the applicant or any other
SECTION 32.Review of Decree of persons responsible for the fraud.
Registration; Innocent Purchaser for Value. SECTION 33.Appeal from Judgment, etc.
The decree of registration shall not be reopened The judgment and orders of the court hearing
or revised by reason of absence, minority, or the land registration case are appealable to the
other disability of any person adversely affected Court of Appeals or to the Supreme Court in the
thereby, nor by any proceeding in any court for same manner as in ordinary actions.
reversing judgments, subject, however, to the
right of any person, including the government and SECTION 34.Rules of Procedure. The
the branches thereof, deprived of land or of any Rules of Court shall, insofar as not inconsistent
estate or interest therein by such adjudication or with the provision of this Decree, be applicable to
confirmation of title obtained by actual fraud, to land registration and cadastral cases by analogy
file in the proper Court of First Instance a petition or in a suppletory character and whenever
for reopening and review of the decree of practicable and convenient. cdasia

registration not later than one year from and after II. Cadastral Registration Proceedings
the date of the entry of such decree of A. Order for Speedy Settlement and
registration, but in no case shall such petition be Adjudication; Survey; Notices
entertained by the court where an innocent
purchaser for value has acquired the land or an SECTION 35.Cadastral Survey Preparatory
interest therein, whose rights may be prejudiced. to Filing of Petition.
Whenever the phrase "innocent purchaser for (a)When in the opinion of the President
value" or an equivalent phrase occurs in this of the Philippines public interest
 so requires that title to any likewise to the Sangguniang
unregistered lands be settled and Panlalawigan and the
adjudicated, he may to this end Sangguniang Bayan concerned.
direct and order the Director of
(c)The Geodetic Engineers or other
Lands to cause to be made a
employees of the Bureau of
cadastral survey of the lands
Lands in charge of the survey
involved and the plans and
shall give notice reasonably in
technical description thereof
advance of the date on which the
prepared in due form.
survey of any portion of such
(b)Thereupon, the Director of Lands lands is to begin, which notice
shall give notice to persons shall be posted in the bulletin
claiming any interest in the lands board of the municipal building of
as well as to the general public, the municipality or barrio in which
of the day on which such survey the lands are situated, and shall
will begin, giving as fully and mark the boundaries of the lands
accurately as possible the by monuments set up in proper
description of the lands to be places thereon. It shall be lawful
surveyed. Such notice shall be for such Geodetic Engineers and
punished once in the Official other employees to enter upon
Gazette, and a copy of the notice the lands whenever necessary
in English or the national for the purposes of such survey
language shall be posted in a or the placing of monuments.
conspicuous place on the bulletin
(d)It shall be the duty of every person
board of the municipal building of
claiming an interest in the lands
the municipality in which the
to be surveyed, or in any parcel
lands or any portion thereof is
thereof, to communicate with the
situated. A copy of the notice
Geodetic Engineer upon his
shall also be sent to the mayor of
request therefor all information
such municipality as well as to
possessed by such person
the barangay captain and
concerning the boundary lines of
 any lands to which he claims title part thereof, stating in substance that public
or in which he claims any interest requires that the title to such lands be
interest. settled and adjudicated and praying that such
titles be so settled and adjudicated.
(e)Any person who shall wilfully
obstruct the making of any The petition shall contain a description of
survey undertaken by the Bureau the lands and shall be accompanied by a plan
of Lands or by a licensed thereof, and may contain such other data as may
Geodetic Engineer duly serve to furnish full notice to the occupants of the
authorized to conduct the survey lands and to all persons who may claim any right
under this Section, or shall or interest therein.
maliciously interfere with the
placing of any monument or
Where the land consists of two or more
remove such monument, or shall
parcels held or occupied by different persons, the
destroy or remove any notice of
plan shall indicate the boundaries or limits of the
survey posted on the land
various parcels as accurately as possible. The
pursuant to law, shall be
parcels shall be known as "lots" and shall on the
punished by a fine of not more
plan filed in the case be given separate numbers
than one thousand pesos or by
by the Director of Lands, which numbers shall be
imprisonment for not more than
known as "cadastral lot numbers". The lots
one year, or both. aisa dc
situated within each municipality shall, as far as
B. Petition; Lot Numbers practicable, be numbered consecutively
SECTION 36.Petition for Registration. beginning with number "one", and only one series
When the lands have been surveyed or plotted, of numbers shall be used for that purpose in each
the Director of Lands, represented by the Solicitor municipality. However in cities or townsites, a
General, shall institute original registration designation of the landholdings by blocks and lot
proceedings by filing the necessary petition in the numbers may be employed instead of the
Court of First Instance of the place where the land designation by cadastral lot numbers.
is situated against the holders, claimants, The cadastral number of a lot shall not be
possessors, or occupants of such lands or any changed after final decision has been entered
decreasing the registration thereof, except by Director of Lands, or the block
order of court. Future subdivisions of any lot shall and lot numbers, as the case
be designated by a letter or letters of the alphabet may be;
added to the cadastral number of the lot to which
(c)The name of the barrio and
the respective subdivisions pertain. The letter with
municipality in which the lots are
which a subdivision is designated shall be known
situated;
as its "cadastral letter": Provided, however, that
the subdivisions of cities or townsites may be (d)The names and addresses of the
designated by blocks and lot numbers. owners of the adjoining lots so far
C. Answer as known to the claimant;
SECTION 37.Answer to Petition in (e)If the claimant is in possession of the
Cadastral Proceedings. Any claimant in lots claimed and can show no
cadastral proceedings, whether named in the express grant of the land by the
notice or not, shall appear before the court by government to him or to his
himself or by some other authorized person in his predecessors-in-interest, the
behalf, and shall file an answer on or before the answer shall state the length of
date of initial hearing or within such further time time he has held such
as may be allowed by the court. The answer shall possession and the manner in
be signed and sworn to by the claimant or by which it has been acquired, and
some other authorized person in his behalf, and shall also state the length of time,
shall state whether the claimant is married or as far as known, during which the
unmarried, and if married, the name of the predecessors, if any, held
spouse and the date of marriage, his nationality, possession;
residence and postal address, and shall also (f)If the claimant is not in possession or
contain:cda
occupation of the land, the
(a)The age of the claimant; answer shall fully set forth the
interest claimed by him and the
(b)The cadastral number of the lot or
time and manner of his
lots claimed, as appearing on the
acquisition;
plan filed in the case by the
 (g)If the lots have been assessed for the registration of title to land has become final,
taxation, their last assessed the court shall, within fifteen days from entry of
value; and judgment, issue an order directing the
Commissioner to issue the corresponding decree
(h)The encumbrances, if any, affecting
of registration and certificate of title. The clerk of
the lots and the names of
court shall send, within fifteen days from entry of
adverse claimants, as far as
judgment, certified copies of the judgment and of
known.
the order of the court directing the Commissioner
D. Hearing; Judgment; Decree to issue the corresponding decree of registration
SECTION 38.Hearing, Judgment, Decree. and certificate of title, and a certificate stating that
The trial of the case may occur at any the decision has not been amended,
convenient place within the province in which the reconsidered, nor appealed, and has become
lands are situated and shall be conducted, and final. Thereupon, the Commissioner shall cause
orders for default and confessions entered, in the to be prepared the decree of registration as well
same manner as in ordinary land registration as the original and duplicate of the corresponding
proceedings and shall be governed by the same original certificate of title. The original certificate
rules. All conflicting interests shall be adjudicated of title shall be a true copy of the decree of
by the court and decrees awarded in favor of the registration. The decree of registration shall be
persons entitled to the lands or to parts thereof signed by the Commissioner, entered and filed in
and such decrees shall be the basis for issuance the Land Registration Commission. The original
of original certificates of title in favor of said of the original certificate of title shall also be
persons and shall have the same effect as signed by the Commissioner and shall be sent,
certificates of title granted on application for together with the owner's duplicate certificate, to
registration of land under ordinary land the Register of Deeds of the city or province
registration proceedings. cda
where the property is situated for entry in his
registration book.
CHAPTER IV
SECTION 40.Entry of Original Certificate of
Certificate of Title Title. Upon receipt by the Register of Deeds of
SECTION 39.Preparation of Decree and the original and duplicate copies of the original
Certificate of Title. After the judgment directing certificate of title the same shall be entered in his
record book and shall be numbered, dated, SECTION 43.Transfer Certificate of Title.
signed and sealed by the Register of Deeds with The subsequent certificate of title that may be
the seal of his office. Said certificate of title shall issued by the Register of Deeds pursuant to any
take effect upon the date of entry thereof. The voluntary or involuntary instrument relating to the
Register of Deeds shall forthwith send notice by same land shall be in like form, entitled "Transfer
mail to the registered owner that his owner's Certificate of Title", and likewise issued in
duplicate is ready for delivery to him upon duplicate. The certificate shall show the number
payment of legal fees. of the next previous certificate covering the same
SECTION 41.Owner's Duplicate Certificate land and also the fact that it was originally
of Title. The owner's duplicate certificate of title registered, giving the record number, the number
shall be delivered to the registered owner or to his of the original certificate of title, and the volume
duly authorized representative. If two or more and page of the registration book in which the
persons are registered owners, one owner's latter is found.
duplicate certificate may be issued for the whole SECTION 44.Statutory Liens Affecting
land, or, if the co-owners so desire, a separate Title. Every registered owner receiving a
duplicate may be issued to each of them in like certificate of title in pursuance of a decree of
form, but all outstanding certificates of title so registration, and every subsequent purchaser of
issued shall be surrendered whenever the registered land taking a certificate of title for value
Register of Deeds shall register any subsequent and in good faith, shall hold the same free from all
voluntary transaction affecting the whole land or encumbrances except those noted in said
part thereof or any interest therein. The Register certificate and any of the following encumbrances
of Deeds shall note on each certificate of title a which may be subsisting, namely:
statement as to whom a copy thereof was First. Liens, claims or rights arising or
issued. acd
existing under the laws and Constitution of the
SECTION 42.Registration Books. The Philippines which are not by law required to
original copy of the original certificate of title shall appear of record in the Registry of Deeds in order
be filed in the Registry of Deeds. The same shall to be valid against subsequent purchasers or
be bound in consecutive order together with encumbrancers of record.
similar certificates of title and shall constitute the Second. Unpaid real estate taxes levied
registration book for titled properties. and assessed within two years immediately
preceding the acquisition of any right over the this Decree shall in any way be construed to
land by an innocent purchaser for value, without relieve registered land or the owners thereof from
prejudice to the right of the government to collect any rights incident to the relation of husband and
taxes payable before that period from the wife, landlord and tenant, or from liability to
delinquent taxpayer alone. cdasia attachment or levy on execution, or from liability
Third. Any public highway or private way to any lien of any description established by law
established or recognized by law, or any on the land and the buildings thereon, or on the
government irrigation canal or lateral thereof, if interest of the owner in such land or buildings, or
the certificate of title does not state that the to change the laws of descent, or the rights of
boundaries of such highway or irrigation canal or partition between co-owners, or the right to take
lateral thereof have been determined. the same by eminent domain, or to relieve such
land from liability to be recovered by an assignee
Fourth. Any disposition of the property or in insolvency or trustee in bankruptcy under the
limitation on the use thereof by virtue of, or laws relative to preferences, or to change or
pursuant to, Presidential Decree No. 27 or any affect in any way other rights or liabilities created
other law or regulations on agrarian reform. by law and applicable to unregistered land,
SECTION 45.Statement of Personal except as otherwise provided in this Decree. cd

Circumstances in the Certificate. Every

certificate of title shall set forth the full names of SECTION 47.Registered Land Not Subject
all the persons whose interests make up the full to Prescription. No title to registered land in
ownership in the whole land, including their civil derogation of the title of the registered owner
status, and the names of their respective shall be acquired by prescription or adverse
spouses, if married, as well as their citizenship, possession.
residence and postal address. If the property SECTION 48.Certificate Not Subject to
covered belongs to the conjugal partnership, it Collateral Attack. A certificate of title shall not
shall be issued in the names of both spouses. be subject to collateral attack. It cannot be
SECTION 46.General Incidents of altered, modified, or cancelled except in a direct
Registered Land. Registered land shall be proceeding in accordance with law.
subject to such burdens and incidents as may SECTION 49.Splitting or Consolidation of
arise by operation of law. Nothing contained in Titles. A registered owner of several distinct
parcels of land embraced in and covered by a Land Registration or the Bureau of Lands
certificate of title desiring in lieu thereof separate together with the approved technical descriptions
certificates, each containing one or more parcels, and the corresponding owner's duplicate
may file a written request for that purpose with the certificate of title is presented for registration, the
Register of Deeds concerned, and the latter, upon Register of Deeds shall, without requiring further
the surrender of the owner's duplicate, shall court approval of said plan, register the same in
cancel it together with its original and issue in lieu accordance with the provisions of the Land
thereof separate certificates as desired. A Registration Act, as
registered owner of several distinct parcels of amended: Provided, however, that the Register of
land covered by separate certificates of title Deeds shall annotate on the new certificate of title
desiring to have in lieu thereof a single certificate covering the street, passageway or open space, a
for the whole land, or several certificates for the memorandum to the effect that except by way of
different parcels thereof, may also file a written donation in favor of the national government,
request with the Register of Deeds concerned, province, city or municipality, no portion of any
and the latter, upon the surrender of the owner's street, passageway, waterway or open space so
duplicates, shall cancel them together with their delineated on the plan shall be closed or
originals, and issue in lieu thereof one or separate otherwise disposed of by the registered owner
certificates as desired. without the approval of the Court of First Instance
SECTION 50.Subdivision and of the province or city in which the land is
Consolidation Plans. Any owner subdividing a situated.
tract of registered land into lots which do not A registered owner desiring to consolidate
constitute a subdivision project as defined and several lots into one or more, requiring new
provided for under P.D. No. 957, shall file with the technical descriptions, shall file with the Land
Commissioner of Land Registration or with the Registration Commission, a consolidation plan on
Bureau of Lands a subdivision plan of such land which shall be shown the lots to be affected, as
on which all boundaries, streets, passageways they were before, and as they will appear after
and waterways, if any, shall be distinctly and the consolidation. Upon the surrender of the
accurately delineated. cda owner's duplicate certificates and the receipt of
If a subdivision plan, be it simple or consolidation plan duly approved by the
complex, duly approved by the Commissioner of Commission, the Register of Deeds concerned
shall cancel the corresponding certificates of title evidence of authority to the Register of Deeds to
and issue a new one for the consolidated lots. cdtai make registration. cdt

The Commission may not order or cause The act of registration shall be the
any change, modification, or amendment in the operative act to convey or affect the land insofar
contents of any certificate of title, or of any decree as third persons are concerned, and in all cases
or plan, including the technical description under this Decree, the registration shall be made
therein, covering any real property registered in the office of the Register of Deeds for the
under the Torrens system, nor order the province or city where the land lies.
cancellation of the said certificate of title and the SECTION 52.Constructive Notice Upon
issuance of a new one which would result in the Registration. Every conveyance, mortgage,
enlargement of the area covered by the certificate lease, lien, attachment, order, judgment,
of title. instrument or entry affecting registered land shall,
CHAPTER V if registered, filed or entered in the office of the
Subsequent Registration Register of Deeds for the province or city where
the land to which it relates lies, be constructive
I. Voluntary Dealings with Registered Lands notice to all persons from the time of such
General Provisions registering, filing or entering.
SECTION 51.Conveyance and Other SECTION 53.Presentation of Owner's
Dealings by Registered Owner. An owner of Duplicate Upon Entry of New Certificate. No
registered land may convey, mortgage, lease, voluntary instrument shall be registered by the
charge or otherwise deal with the same in Register of Deeds, unless the owner's duplicate
accordance with existing laws. He may use such certificate is presented with such instrument,
forms of deeds, mortgages, leases or other except in cases expressly provided for in this
voluntary instruments as are sufficient in law. But Decree or upon order of the court, for cause
no deed, mortgage, lease, or other voluntary shown.
instrument, except a will purporting to convey or The production of the owner's duplicate
affect registered land shall take effect as a certificate, whenever any voluntary instrument is
conveyance or bind the land, but shall operate presented for registration, shall be conclusive
only as a contract between the parties and as authority from the registered owner to the
Register of Deeds to enter a new certificate or to memorandum shall also be made on the owner's
make a memorandum of registration in duplicate. The cancellation or extinguishment of
accordance with such instrument, and the new such interests shall be registered in the same
certificate or memorandum shall be binding upon manner.
the registered owner and upon all persons SECTION 55.Grantee's
claiming under him, in favor of every purchaser Name, Nationality, etc., to Be Stated. Every
for value and in good faith. deed or other voluntary instrument presented for
In all cases of registration procured by registration shall contain or have endorsed upon it
fraud, the owner may pursue all his legal and the full name, nationality, residence and postal
equitable remedies against the parties to such address of the grantee or other person acquiring
fraud without prejudice, however, to the rights of or claiming an interest under such instrument,
any innocent holder for value of a certificate of and every deed shall also state whether the
title. After the entry of the decree of registration grantee is married or unmarried, and if married,
on the original petition or application, any the name in full of the husband or wife. If the
subsequent registration procured by the grantee is a corporation or association, the
presentation of a forged duplicate certificate of instrument must contain a recital to show that
title, or a forged deed or other instrument, shall be such corporation or association is legally qualified
null and void. to acquire private lands. Any change in the
SECTION 54.Dealings Less Than residence or postal address of such person shall
Ownership, How Registered. No new be endorsed by the Register of Deeds on the
certificate shall be entered or issued pursuant to original copy of the corresponding certificate of
any instrument which does not divest the title, upon receiving a sworn statement of such
ownership or title from the owner or from the change. All names and addresses shall also be
transferee of the registered owners. All interests entered on all certificates.
cdtai

in registered land less than ownership shall be Notices and processes issued in relation to
registered by filing with the Register of Deeds the registered land in pursuance of this Decree may
instrument which creates or transfers or claims be served upon any person in interest by mailing
such interests and by a brief memorandum the same to the addresses given, and shall be
thereof made by the Register of Deeds upon the binding, whether such person resides within or
certificate of title, and signed by him. A similar without the Philippines, but the court may, in its
discretion, require further or other notice to be reasonable regulations as the Register of Deeds,
given in any case, if in its opinion the interest of under the direction of the Commissioner of Land
justice so requires. Registration, may prescribe. cdasia

SECTION 56.Primary Entry All deeds and voluntary instruments shall

Book; Fees; Certified Copies. Each Register of be presented with their respective copies and
Deeds shall keep a primary entry book in which, shall be attested and sealed by the Register of
upon payment of the entry fee, he shall enter, in Deeds, endorsed with the file number, and copies
the order of their reception, all instruments may be delivered to the person presenting them.
including copies of writs and processes filed with
him relating to registered land. He shall, as a
preliminary process in registration, note in such Certified copies of all instruments filed and
book the date, hour and minute of reception of all registered may also be obtained from the
instruments, in the order in which they were Register of Deeds upon payment of the
received. They shall be regarded as registered prescribed fees.
from the time so noted, and the memorandum of (A) Conveyances and Transfers
each instrument, when made on the certificate of SECTION 57.Procedure in Registration of
title to which it refers, shall bear the same Conveyances. An owner desiring to convey his
date: Provided, that the national government as registered land in fee simple shall execute and
well as the provincial and city governments shall register a deed of conveyance in a form sufficient
be exempt from the payment of such fees in in law. The Register of Deeds shall thereafter
advance in order to be entitled to entry and make out in the registration book a new certificate
registration. of title to the grantee and shall prepare and
Every deed or other instrument, whether deliver to him an owner's duplicate certificate. The
voluntary or involuntary, so filed with the Register Register of Deeds shall note upon the original
of Deeds shall be numbered and indexed and and duplicate certificate the date of transfer, the
endorsed with a reference to the proper certificate volume and page of the registration book in which
of title. All records and papers relative to the new certificate is registered and a reference
registered land in the office of the Register of by number to the last preceding certificate. The
Deeds shall be open to the public in the same original and the owner's duplicate of the grantor's
manner as court records, subject to such certificate shall be stamped "cancelled". The deed
of conveyance shall be filed and indorsed with the of title to the grantee for the portion conveyed,
number and the place of registration of the and at the same time cancel the grantor's
certificate of title of the land conveyed. certificate partially with respect only to said
SECTION 58.Procedure Where portion conveyed, or, if the grantor so desires, his
Conveyance Involves Portion of Land. If a certificate may be cancelled totally and a new one
deed of conveyance is for a part only of the land issued to him describing therein the remaining
described in a certificate of title, the Register of portion: Provided, however, that pending approval
Deeds shall not enter any transfer certificate to of said plan, no further registration or annotation
the grantee until a plan of such land showing all of any subsequent deed or other voluntary
the portions or lots into which it has been instrument involving the unsegregated portion
subdivided and the corresponding technical conveyed shall be effected by the Register of
descriptions shall have been verified and Deeds, except where such unsegregated portion
approved pursuant to Section 50 of this Decree. was purchased from the Government or any of its
Meanwhile, such deed may only be annotated by instrumentalities. If the land has been subdivided
way of memorandum upon the grantor's into several lots, designated by numbers or
certificate of title, original and duplicate, said letters, the Register of Deeds may, if desired by
memorandum to serve as a notice to third the grantor, instead of cancelling the latter's
persons of the fact that certain unsegregated certificate and issuing a new one to the same for
portion of the land described therein has been the remaining unconveyed lots, enter on said
conveyed, and every certificate with such certificate and on its owner's duplicate a
memorandum shall be effectual for the purpose of memorandum of such deed of conveyance and of
showing the grantee's title to the portion the issuance of the transfer certificate to the
conveyed to him, pending the actual issuance of grantee for the lot or lots thus conveyed, and that
the corresponding certificate in his name. aisa dc
the grantor's certificate is cancelled as to such lot
or lots.
Upon the approval of the plan and technical
descriptions, the original of the plan, together with SECTION 59.Carry Over of Encumbrances.
a certified copy of the technical descriptions shall If, at the time of any transfer, subsisting
be filed with the Register of Deeds for annotation encumbrances or annotations appear in the
in the corresponding certificate of title and registration book, they shall be carried over and
thereupon said officer shall issue a new certificate stated in the new certificate or certificates, except
so far as they may be simultaneously released or deed the date and time of filing and a reference to
discharged. the volume and page of the registration book in
(B) Mortgages and Leases which it is registered.
SECTION 60.Mortgage or Lease of SECTION 62.Discharge or Cancellation.
Registered Land. Mortgage and leases shall A mortgage or lease on registered land may be
be registered in the manner provided in Section discharged or cancelled by means of an
54 of this Decree. The owner of registered land instrument executed by the mortgage or lessee in
may mortgage or lease it by executing the deed in a form sufficient in law, which shall be filed with
a form sufficient in law. Such deed of mortgage or the Register of Deeds who shall make the
lease and all instruments which assign, extend, appropriate memorandum upon the certificate of
discharge or otherwise deal with the mortgage or title.
lease shall be registered, and shall take effect SECTION 63.Foreclosure of Mortgage.
upon the title only from time of registration. (a) If the mortgage was foreclosed judicially, a
No mortgagee's or lessee's duplicate certified copy of the final order of the court
certificate of title shall hereafter be issued by the confirming the sale shall be registered with the
Registers of Deeds, and those issued prior to the Register of Deeds. If no right of redemption
effectivity of this Decree are hereby deemed exists, the certificate of title of the mortgagor shall
cancelled and the holders thereof shall be cancelled, and a new certificate issued in the
immediately surrender the same to the Register name of the purchaser. acd

of Deeds concerned. Where the right of redemption exists, the

SECTION 61.Registration. Upon certificate of title of the mortgagor shall not be
presentation for registration of the deed of cancelled, but the certificate of sale and the order
mortgage or lease together with the owner's confirming the sale shall be registered by a brief
duplicate, the Register of Deeds shall enter upon memorandum thereof made by the Register of
the original of the certificate of title and also upon Deeds upon the certificate of title. In the event the
the owner's duplicate certificate a memorandum property is redeemed, the certificate or deed of
thereof, the date and time of filing and the file redemption shall be filed with the Register of
number assigned to the deed, and shall sign the Deeds, and a brief memorandum thereof shall be
said memorandum. He shall also note on the made by the Register of Deeds on the certificate
of title of the mortgagor.
 If the property is not redeemed, the final otherwise deal with registered land and the same
deed of sale executed by the sheriff in favor of the shall be registered with the Register of Deeds of
purchaser at a foreclosure sale shall be the province or city where the land lies. Any
registered with the Register of Deeds; whereupon instrument revoking such power of attorney shall
the title of the mortgagor shall be cancelled, and a be registered in like manner. cd i

new certificate issued in the name of the SECTION 65.Trusts in Registered Land.
purchaser. If a deed or other instrument is filed in order to
(b)If the mortgage was foreclosed transfer registered land in trust, or upon any
extrajudicially, a certificate of sale executed by equitable condition or limitation expressed
the officer who conducted the sale shall be filed therein, or to create or declare a trust or other
with the Register of Deeds who shall make a brief equitable interests in such land without transfer,
memorandum thereof on the certificate of title. the particulars of the trust, condition, limitation or
In the event of redemption by the other equitable interest shall not be entered on
mortgagor, the same rule provided for in the the certificate; but only a memorandum thereof
second paragraph of this section shall apply. shall be entered by the words "in trust", or "upon
condition", or other apt words, and by a reference
In case of non-redemption, the purchaser by number to the instrument authorizing or
at foreclosure sale shall file with the Register of creating the same. A similar memorandum shall
Deeds, either a final deed of sale executed by the be made upon the original instrument creating or
person authorized by virtue of the power of declaring the trust or other equitable interest with
attorney embodied in the deed of mortgage, or his a reference by number to the certificate of title to
sworn statement attesting to the fact of non- which it relates and to the volume and page in the
redemption; whereupon, the Register of Deeds registration book in which it is registered.
shall issue a new certificate in favor of the
purchaser after the owner's duplicate of the SECTION 66.Trust with Power of
certificate has been previously delivered and Sale, etc., How Expressed. If the instrument
cancelled. creating or declaring a trust or other equitable
interest contains an express power to sell,
(C) Powers of Attorney; Trusts mortgage or deal with the land in any manner,
SECTION 64.Power of Attorney. Any such power shall be stated in the certificate of title
person may, by power of attorney, convey or by the words "with power to sell", or "power to
mortgage", or by apt words of description in case II. Involuntary Dealings
of other powers. No instrument which transfers, SECTION 69.Attachments. An
mortgages or in any way deals with registered attachment, or a copy of any writ, order or
land in trust shall be registered, unless the process issued by a court of record, intended to
enabling power thereto is expressly conferred in create or preserve any lien, status, right, or
the trust instrument, or unless a final judgment or attachment upon registered land, shall be filed
order of a court of competent jurisdiction has and registered in the Registry of Deeds for the
construed the instrument in favor of the power, in province or city in which the land lies, and, in
which case a certified copy of such judgment or addition to the particulars required in such papers
order may be registered. for registration, shall contain a reference to the
SECTION 67.Judicial Appointment of New number of the certificate of title to be affected and
Trustee. If a new trustee of registered land is the registered owner or owners thereof, and also
appointed by a court of competent jurisdiction, a if the attachment, order, process or lien is not
new certificate may be issued to him upon claimed on all the land in any certificate of title a
presentation to the Register of Deeds of a description sufficiently accurate for identification
certified copy of the order or judicial appointment of the land or interest intended to be affected. A
and the surrender for cancellation of the duplicate restraining order, injunction or mandamus issued
certificate. by the court shall be entered and registered on
SECTION 68.Implied Trusts, How the certificate of title affected, free of charge.
cdtai

Established. Whoever claims an interest in SECTION 70.Adverse Claim. Whoever

registered land by reason of any implied or claims any part or interest in registered land
constructive trust shall file for registration with the adverse to the registered owner, arising
Register of Deeds a sworn statement thereof subsequent to the date of the original registration,
containing a description of the land, the name of may, if no other provision is made in this Decree
the registered owner and a reference to the for registering the same, make a statement in
number of the certificate of title. Such claim shall writing setting forth fully his alleged right or
not affect the title of a purchaser for value and in interest, and how or under whom acquired, a
good faith before its registration. reference to the number of the certificate of title of
the registered owner, the name of the registered
owner, and a description of the land in which the discretion. Before the lapse of thirty days, the
right or interest is claimed. claimant may withdraw his adverse claim by filing
The statement shall be signed and sworn with the Register of Deeds a sworn petition to that
to, and shall state the adverse claimant's effect.cd i

residence, and a place at which all notices may SECTION 71.Surrender of Certificate in
be served upon him. This statement shall be Involuntary Dealings. If an attachment or other
entitled to registration as an adverse claim on the lien in the nature of involuntary dealing in
certificate of title. The adverse claim shall be registered land is registered, and the duplicate
effective for a period of thirty days from the date certificate is not presented at the time of
of registration. After the lapse of said period, the registration, the Register of Deeds shall, within
annotation of adverse claim may be cancelled thirty-six hours thereafter, send notice by mail to
upon filing of a verified petition therefor by the the registered owner, stating that such paper has
party in interest: Provided, however, that after been registered, and requesting him to send or
cancellation, no second adverse claim based on produce his duplicate certificate so that a
the same ground shall be registered by the same memorandum of the attachment or other lien may
claimant. be made thereon. If the owner neglects or refuses
Before the lapse of thirty days aforesaid, to comply within a reasonable time, the Register
any party in interest may file a petition in the of Deeds shall report the matter to the court, and
Court of First Instance where the land is situated it shall, after notice, enter an order to the owner to
for the cancellation of the adverse claim, and the produce his certificate at a time and place named
court shall grant a speedy hearing upon the therein, and may enforce the order by suitable
question of the validity of such adverse claim, and process.
shall render judgment as may be just and SECTION 72.Dissolution, etc. of
equitable. If the adverse claim is adjudged to be Attachments, etc. Attachments and liens of
invalid, the registration thereof shall be ordered every description upon registered land shall be
cancelled. If, in any case, the court, after notice continued, reduced, discharged and dissolved by
and hearing, shall find that the adverse claim thus any method sufficient in law, and to give effect to
registered was frivolous, it may fine the claimant the continuance, reduction, discharge or
in an amount not less than one thousand pesos dissolution thereof the certificate or other
nor more than five thousand pesos, in its
instrument for that purpose shall be registered SECTION 75.Application for New
with the Register of Deeds. Certificate Upon Expiration of Redemption Period.
SECTION 73.Registration of Orders of Upon the expiration of the time, if any, allowed
Court, etc. If an attachment is continued, by law for redemption after registered land has
reduced, dissolved, or otherwise affected by an been sold on execution taken or sold for the
order, decision or judgment of the court where the enforcement of a lien of any description, except a
action or proceedings in which said attachment mortgage lien, the purchaser at such sale or
was made is pending or by an order of a court anyone claiming under him may petition the court
having jurisdiction thereof, a certificate of the for the entry of a new certificate of title to him.
entry of such order, decision or judgment from the Before the entry of a new certificate of title,
clerk of court or the judge by which such decision, the registered owner may pursue all legal and
order or judgment has been rendered and under equitable remedies to impeach or annul such
the seal of the court, shall be entitled to be proceedings.
registered upon presentation to the Register of SECTION 76.Notice of Lis Pendens. No
Deeds. acd
action to recover possession of real estate, or to
SECTION 74.Enforcement of Liens on quiet title thereto, or to remove clouds upon the
Registered Land. Whenever registered land is title thereof, or for partition, or other proceedings
sold on execution, or taken or sold for taxes or for of any kind in court directly affecting the title to
any assessment or to enforce a lien of any land or the use or occupation thereof or the
character, or for any costs and charges incident buildings thereon, and no judgment, and no
to such liens, any execution or copy of execution, proceeding to vacate or reverse any judgment,
any officer's return, or any deed, demand, shall have any effect upon registered land as
certificate, or affidavit, or other instrument made against persons other than the parties thereto,
in the course of the proceedings to enforce such unless a memorandum or notice stating the
liens and required by law to be recorded, shall be institution of such action or proceeding and the
filed with the Register of Deeds of the province or court wherein the same is pending, as well as the
city where the land lies and registered in the date of the institution thereof, together with a
registration book, and a memorandum made reference to the number of the certificate of title,
upon the proper certificate of title in each case as and an adequate description of the land affected
lien or encumbrance.
and the registered owner thereof, shall have been the plaintiff, such judgment shall be entitled to
filed and registered. acd registration on presentation of a certificate of the
SECTION 77.Cancellation of Lis Pendens. entry thereof from the clerk of court where the
Before final judgment, a notice of lis action is pending to the Register of Deeds for the
pendens may be cancelled upon order of the province or city where the land lies, who shall
court, after proper showing that the notice is for enter a memorandum upon the certificate of title
the purpose of molesting the adverse party, or of the land to which such judgment relates. If the
that it is not necessary to protect the rights of the judgment does not apply to all the land described
party who caused it to be registered. It may also in the certificate of title, the certificate of the clerk
be cancelled by the Register of Deeds upon of the court where the action is pending and the
verified petition of the party who caused the memorandum entered by the Register of Deeds
registration thereof. shall contain a description of the land affected by
the judgment. cda

At any time after final judgment in favor of

the defendant, or other disposition of the action SECTION 79.Judgment Adjudicating
such as to terminate finally all rights of the plaintiff Ownership. When in any action to recover the
in and to the land and/or buildings involved, in ownership of real estate or an interest therein
any case in which a memorandum or notice of lis execution has been issued in favor of the plaintiff,
pendens has been registered as provided in the the latter shall be entitled to the entry of a new
preceding section, the notice of lis pendens shall certificate of title and to the cancellation of the
be deemed cancelled upon the registration of a original certificate and owner's duplicate of the
certificate of the clerk of court in which the action former registered owner. If the registered owner
or proceeding was pending stating the manner of neglects or refuses within a reasonable time after
disposal thereof. request of the plaintiff to produce his duplicate
certificate in order that the same may be
CHAPTER VI cancelled, the court shall, on application and after
Registration of Judgments; Orders; Partitions notice, enter an order to the owner to produce his
SECTION 78.Judgment for Plaintiff . certificate at the time and place designated, and
Whenever in any action to recover possession or may enforce the order by suitable process.
ownership of real estate or any interest therein SECTION 80.Execution of Deed by Virtue
affecting registered land judgment is entered for of Judgment. Every court rendering judgment
in favor of the plaintiff affecting registered land to a certificate of title entered in his or their favor
shall, upon petition of said plaintiff, order and upon presenting a certified copy of the judgment
parties before it to execute for registration any confirming the sale.
deed or instrument necessary to give effect to the In case the land is ordered by the court to
judgment, and shall require the registered owner be assigned to one of the parties upon payment
to deliver his duplicate certificate to the plaintiff or to the others of the sum ordered by the court, the
to the Register of Deeds to be cancelled or to party to whom the land is thus assigned shall be
have a memorandum annotated upon it. In case entitled to have a certificate of title entered in his
the person required to execute any deed or other favor upon presenting a certified copy of the
instrument necessary to give effect to the judgment: Provided, however, that any new
judgment is absent from the Philippines, or is a certificate entered in pursuance of partition
minor, or insane, or for any reason not amenable proceedings, whether by way of set-off or of
to the process of the court rendering the assignment or of sale, shall contain a reference
judgment, said court may appoint a suitable memorandum to the final judgment of partition,
person as trustee to execute such instrument and shall be conclusive as to the title to the same
which, when executed, shall be entitled to extent and against the same persons as such
registration. judgment is made conclusive by the laws
applicable thereto: and provided, further, that any
SECTION 81.Judgment of Partition. In person holding such certificate of title or a transfer
proceedings for partition of registered land, after thereof shall have the right to petition the court at
the entry of the final judgment of partition, a copy any time to cancel the memorandum relating to
of such final judgment, certified by the clerk of the such judgment or order, and the court, after
court rendering the same, shall be filed and notice and hearing, may grant the petition. Such
registered; thereupon, if the land is set of to the certificate shall thereafter be conclusive in the
owners in severalty, each owner shall be entitled same manner and to the same extent as other
to have his certificate entered showing the share certificates of title.
set off to him in severalty, and to receive an SECTION 82.Registration of Prior
owner's duplicate thereof. casia Registered Mortgage or Lease on Partitioned
If the land is ordered by the court to be Property. If a certified copy of a final judgment
sold, the purchaser or his assigns shall be entitled or decree of partition is presented and it appears
that a mortgage or lease affecting a specific order may be registered. Where a new certificate
portion or an undivided share of the premises had has been entered in the name of the assignee or
previously been registered, the Register of Deeds trustee, such certificate shall be surrendered for
shall carry over such encumbrance on the cancellation and forthwith the debtor shall be
certificate of title that may be issued. entitled to the entry of a new certificate to him.
SECTION 83.Notice of Insolvency. SECTION 85.Land Taken by Eminent
Whenever proceeding in bankruptcy or Domain. Whenever any registered land, or
insolvency, or analogous proceedings, are interest therein, is expropriated or taken by
instituted against a debtor who owns registered eminent domain, the National Government,
land, it shall be the duty of the officer serving the province, city, municipality, or any other agency
notice of the institution of such proceedings on or instrumentality exercising such right shall file
the debtor to file a copy thereof with the office of for registration in the proper Registry a certified
the Register of Deeds for the province or city copy of the judgment which shall state definitely,
where the land of the debtor lies. The assignee or by an adequate description, the particular
trustee appointed by the court in such property or interest expropriated, the number of
proceedings shall be entitled to the entry of a new the certificate of title, and the nature of the public
certificate of the registered land of the debtor or use. A memorandum of the right or interest taken
bankrupt, upon presenting and filing a certified shall be made on each certificate of title by the
copy of the assignment in insolvency or order or Register of Deeds, and where the fee simple title
adjudication in bankruptcy with the insolvent's or is taken, a new certificate shall be issued in favor
bankrupt's duplicate certificate of title; but the new of the National Government, province, city,
certificate shall state that it is entered to him as municipality, or any other agency or
assignee in insolvency or trustee in bankruptcy or instrumentality exercising such right for the land
other proceedings, as the case may be. acd so taken. The legal expenses incident to the
SECTION 84.Judgment or Order Vacating memorandum of registration or issuances incident
Insolvency Proceedings. Whenever any of the to the memorandum of registration or issuance of
proceedings of the character named in the a new certificate shall be for the account of the
preceding section against a registered owner, of authority taking the land or interest therein.
which notice has been registered, is vacated by SECTION 86.Extrajudicial Settlement of
judgment, a certified copy of the judgment or Estate. When a deed of extrajudicial
settlement has been duly registered, the Register certified copy of his letters of administration or if
of Deeds shall annotate on the proper title the there is a will, a certified copy thereof and the
two-year lien mentioned in Section 4 of Rule 74 of order allowing the same, together with the letters
the Rules of Court. Upon the expiration of the testamentary or of administration with the will
two-year period and presentation of a verified annexed, as the case may be, and shall produce
petition by the registered heirs, devisees or the duplicate certificate of title, and thereupon the
legatees or any other party in interest that no Register of Deeds shall enter upon the certificate
claim or claims of any creditor, heir or other a memorandum thereof, making reference to the
person exist, the Register of Deeds shall cancel letters and/or will by their file number, and the
the two-year lien noted on the title without the date of filing the same.
necessity of a court order. The verified petition SECTION 88.Dealings by Administrator
shall be entered in the Primary Entry Book and a Subject to Court Approval. After a
memorandum thereof made on the title. cd i
memorandum of the will, if any, and order
No deed of extrajudicial settlement or allowing the same, and letters testamentary or
affidavit of adjudication shall be registered unless letters of administration have been entered upon
the fact of extrajudicial settlement or adjudication the certificate of title as hereinabove provided, the
is published once a week for three consecutive executor or administrator may alienate or
weeks in a newspaper of general circulation in the encumber registered land belonging to the estate,
province and proof thereof is filed with the or any interest therein, upon approval of the court
Register of Deeds. The proof may consist of the obtained as provided by the Rules of Court. cda

certification of the publisher, printer, his foreman SECTION 89.Land Devised to Executor.
or principal clerk, or of the editor, business or When it appears by will, a certified copy of which
advertising manager of the newspaper with letters testamentary had already been filed
concerned, or a copy of each week's issue of the as provided in this Decree, that registered land is
newspaper wherein the publication appeared. devised to the executor to his own use, or upon
SECTION 87.Filing of Letters of some trust, the executor may have the land
Administration and Will. Before the executor or transferred to himself upon the register in like
administrator of the estate of a deceased owner manner and subject to like terms and conditions
of registered land may deal with the same, he and to like rights as in the case of a transfer
shall file with the office of the Register of Deeds a
pursuant to a deed filed in the office of the entitled to the issuance of the corresponding
Register of Deeds. certificates of title.
SECTION 90.When Executor Empowered SECTION 92.Registration of Final
by will to Sell, etc. When the will of a deceased Distribution of Estate. A certified copy of the
owner of registered lands, or an interest therein, partition and distribution, together with the final
empowers the executor to sell, convey, judgment or order of the court approving the
encumber, charge or otherwise deal with the land, same or otherwise making final distribution,
a certified copy of the will and letters supported by evidence of payment of estate tax
testamentary being filed as provided in this or exemption therefrom, as the case may be,
Decree, such executor may sell, convey, shall be filed with the Register of Deeds, and
encumber, charge or otherwise deal with the land upon the presentation of the owner's duplicate
pursuant to the power in like manner as if he were certificate of title, new certificates of title shall be
registered owner, subject to the terms and issued to the parties severally entitled thereto in
conditions and limitations expressed in the will. accordance with the approved partition and
SECTION 91.Transfer in Anticipation of distribution. cdtai

Final Distribution. Whenever the court having CHAPTER VII

jurisdiction of the testate or intestate proceedings Assurance Fund
directs the executor or administrator to take over
and transfer to the devisees or heirs, or any of SECTION 93.Contribution to Assurance
them, in anticipation of final distribution a portion Fund. Upon the entry of a certificate of title in
or the whole of the registered land to which they the name of the registered owner, and also upon
might be entitled on final distribution, upon the the original registration on the certificate of title of
filing of a certified copy of such order in the office a building or other improvements on the land
of the Register of Deeds, the executor or covered by said certificate, as well as upon the
administrator may cause such transfer to be entry of a certificate pursuant to any subsequent
made upon the register in like manner as in case transfer of registered land, there shall be paid to
of a sale, and upon the presentation of the the Register of Deeds one-fourth of one per cent
owner's duplicate certificate to the Register of of the assessed value of the real estate on the
Deeds, the devisees or heirs concerned shall be basis of the last assessment for taxation
purposes, as contribution to the Assurance Fund.
Where the land involved has not yet been his part, sustains loss or damage, or is deprived
assessed for taxation, its value for purposes of of land or any estate or interest therein in
this Decree shall be determined by the sworn consequence of the bringing of the land under the
declaration of two disinterested persons to the operation of the Torrens system of arising after
effect that the value fixed by them is to their original registration of land, through fraud or in
knowledge, a fair valuation. consequence of any error, omission, mistake or
misdescription in any certificate of title or in any
entry or memorandum in the registration book,
Nothing in this section shall in any way and who by the provisions of this Decree is
preclude the court from increasing the valuation barred or otherwise precluded under the provision
of the property should it appear during the of any law from bringing an action for the
hearing that the value stated is too small. recovery of such land or the estate or interest
SECTION 94.Custody and Investment of therein, may bring an action in any court of
Fund. All money received by the Register of competent jurisdiction for the recovery of
Deeds under the preceding section shall be paid damages to be paid out of the Assurance Fund.
to the National Treasurer. He shall keep this SECTION 96.Against Whom Action Filed.
money in an Assurance Fund which may be If such action is brought to recover for loss or
invested in the manner and form authorized by damage or for deprivation of land or of any estate
law, and shall report annually to the or interest therein arising wholly through fraud,
Commissioner of the Budget the condition and negligence, omission, mistake or misfeasance of
income thereof. casia
the court personnel, Register of Deeds, his
The income of the Assurance Fund shall be deputy, or other employees of the Registry in the
added to the principal until said fund amounts to performance of their respective duties, the action
five hundred thousand pesos, in which event the shall be brought against the Register of Deeds of
excess income from investments as well as from the province or city where the land is situated and
the collections of such fund shall be paid into the the National Treasurer as defendants. But if such
National Treasury to the account of the action is brought to recover for loss or damage or
Assurance Fund. for deprivation of land or of any interest therein
SECTION 95.Action for Compensation from arising through fraud, negligence, omission,
Funds. A person who, without negligence on mistake or misfeasance of person other than
court personnel, the Register of Deeds, his showing, order the amount of the execution and
deputy or other employees of the Registry, such costs, or so much thereof as remains unpaid, to
action shall be brought against the Register of be paid by the National Treasurer out of the
Deeds, the National Treasurer and other person Assurance Fund. In an action under this Decree,
or persons, as co-defendants. It shall be the duty the plaintiff cannot recover as compensation more
of the Solicitor General in person or by than the fair market value of the land at the time
representative to appear and to defend all such he suffered the loss, damage, or deprivation
suits with the aid of the fiscal of the province or thereof.
city where the land lies: Provided, however, that SECTION 98.General Fund When Liable.
nothing in this Decree shall be construed to If at any time the Assurance Fund is not
deprive the plaintiff of any right of action which he sufficient to satisfy such judgment, the National
may have against any person for such loss or Treasurer shall make up for the deficiency from
damage or deprivation without joining the any funds available in the treasury not otherwise
National Treasurer as party defendant. In every appropriated.
action filed against the Assurance Fund, the court
shall consider the report of the Commissioner of SECTION 99.Subrogation of Government
Land Registration. cd
to Plaintiff's Rights. In every case where
payment has been made by the National
SECTION 97.Judgment, How Satisfied. Treasurer in accordance with the provisions of
If there are defendants other than the National this Decree, the Government of the Republic of
Treasurer and the Register of Deeds and the Philippines shall be subrogated to the rights of
judgment is entered for the plaintiff and against the plaintiff against any other parties or securities.
the National Treasury, the Register of Deeds and The National Treasurer shall enforce said rights
any of the other defendants, execution shall first and the amount recovered shall be paid to the
issue against such defendants other than the account of the Assurance Fund. cdtai

National Treasurer and the Register of Deeds. If

the execution is returned unsatisfied in whole or SECTION 100.Register of Deeds as Party
in part, and the officer returning the same certifies in Interest. When it appears that the Assurance
that the amount due cannot be collected from the Fund may be liable for damages that may be
land or personal property of such other incurred due to the unlawful or erroneous
defendants, only then shall the court, upon proper issuance of a certificate of title, the Register of
Deeds concerned shall be deemed a proper party
in interest who shall, upon authority of the any time within two years after such disability has
Commissioner of Land Registration, file the been removed, notwithstanding the expiration of
necessary action in court to annul or amend the the original period of six years first above
title. provided.
The court may order the Register of Deeds CHAPTER VIII
to amend or cancel a certificate of title or to do Registration of Patents
any other act as may be just and equitable.
SECTION 103.Certificates of Title Pursuant
SECTION 101.Losses Not Recoverable. to Patents. Whenever public land is by the
The Assurance Fund shall not be liable for any Government alienated, granted or conveyed to
loss, damage or deprivation caused or any person, the same shall be brought forthwith
occasioned by a breach of trust, whether express, under the operation of this Decree. It shall be the
implied or constructive or by any mistake in the duty of the official issuing the instrument of
resurvey or subdivision of registered land alienation, grant, patent or conveyance in behalf
resulting in the expansion of area in the certificate of the Government to cause such instrument to
of title. be filed with the Register of Deeds of the province
SECTION 102.Limitation of Action. Any or city where the land lies, and to be there
action for compensation against the Assurance registered like other deeds and conveyance,
Fund by reason of any loss, damage or whereupon a certificate of title shall be entered as
deprivation of land or any interest therein shall be in other cases of registered land, and an owner's
instituted within a period of six years from the duplicate issued to the grantee. The deed, grant,
time the right to bring such action first patent or instrument of conveyance from the
occurred: Provided, That the right of action herein Government to the grantee shall not take effect
provided shall survive to the legal representative as a conveyance or bind the land, but shall
of the person sustaining loss or damage, unless operate only as a contract between the
barred in his lifetime; and provided, further, That if Government and the grantee and as evidence of
at the time such right of action first accrued the authority to the Register of Deeds to make
person entitled to bring such action was a minor registration. It is the act of registration that shall
or insane or imprisoned, or otherwise under legal be the operative act to affect and convey the land,
disability, such person or anyone claiming from, and in all cases under this Decree, registration
by or under him may bring the proper action at shall be made in the office of the Register of
Deeds of the province or city where the land lies. Department of Agrarian Reform shall pursuant
The fees for registration shall be paid by the to P.D. No. 27 issue in duplicate, a Certificate of
grantee. After due registration and issuance of Land Transfer for every land brought under
the certificate of title, such land shall be deemed "Operation Land Transfer", the original of which
to be registered land to all intents and purposes shall be kept by the tenant-farmer and the
under this Decree. duplicate, in the Registry of Deeds.
CHAPTER IX After the tenant-farmer shall have fully
Certificate of Land Transfer, Emancipation complied with the requirements for a grant of title
Patent, Affidavit of Non-Tenancy under P.D. No. 27, an Emancipation Patent which
may cover previously titled or untitled property
SECTION 104.Provisional Register of shall be issued by the Department of Agrarian
Documents. The Department of Agrarian Reform.
Reform shall prepare by automated data
processing a special registry book to be known as The Register of Deeds shall complete the
the "Provisional Register of Documents issued entries on the aforementioned Emancipation
under PD-27" which shall be kept and maintained Patent and shall assign an original certificate of
in every Registry of Deeds throughout the title number in case of unregistered land, and in
country. Said Registry Book shall be a register of: case of registered property, shall issue the
corresponding transfer certificate of title without
a.All Certificates of Land Transfer requiring the surrender of the owner's duplicate of
(CLT) issued pursuant to P.D. the title to be cancelled.
No. 27; and
In case of death of the grantee, the
b.All subsequent transactions affecting Department of Agrarian Reform shall determine
Certificates of Land Transfer his heirs or successors-in-interest and shall notify
such as adjustments, transfer, the Register of Deeds accordingly.
duplication and cancellations of
In case of subsequent transfer of property
erroneous Certificates of Land
covered by an Emancipation Patent or a
Transfer. cda
Certificate of Title emanating from an
SECTION 105.Certificates of Land Emancipation Patent, the Register of Deeds shall
Transfer: Emancipation Patents. The affect the transfer only upon receipt of the
supporting papers from the Department of shall cause a copy of the registered deed or
Agrarian Reform. cdt instrument, together with the affidavit, to be
furnished the Department of Agrarian Reform
No fee, premium, or tax of any kind shall be Regional Office where the land is located. The
charged or imposed in connection with the affidavit provided in this section shall not be
issuance of an original Emancipation Patent and required in the case of a tenant-farmer who deals
for the registration of related documents. with his Certificate of Land Transfer or
SECTION 106.Sale of Agricultural Emancipation Patent in accordance with law.
Land; Affidavit. No voluntary deed or CHAPTER X
instrument purporting to be a subdivision, Petitions and Actions After Original Registration
mortgage, lease, sale or any other mode of
encumbrance or conveyance of private SECTION 107.Surrender of Withheld
agricultural land principally devoted to rice or corn Duplicate Certificates. Where it is necessary to
or any portion thereof shall be registered unless issue a new certificate of title pursuant to any
accompanied by an affidavit of the vendor or involuntary instrument which divests the title of
executor stating that the land involved is not the registered owner against his consent or where
tenanted, or if tenanted, the same is not primarily a voluntary instrument cannot be registered by
devoted to the production of rice and/or corn. reason of the refusal or failure of the holder to
surrender the owner's duplicate certificate of title,
If only a portion of the land is primarily the party in interest may file a petition in court to
devoted to the production of rice and/or corn, and compel surrender of the same to the Register of
such area so devoted is tenanted, no such deed Deeds. The court, after hearing, may order the
or instrument shall be registered unless registered owner or any person withholding the
accompanied by an affidavit stating the area duplicate certificate to surrender the same, and
(size) of the portion which is tenanted and direct the entry of a new certificate or
primarily devoted to rice and/or corn, and stating memorandum upon such surrender. If the person
further that the deed or instrument covers only the withholding the duplicate certificate is not
untenanted portion or that which is not primarily amenable to the process of the court, or if not any
devoted to the production of rice and/or corn. A reason the outstanding owner's duplicate
memorandum of said affidavit shall be annotated certificate cannot be delivered, the court may
on the certificate of title. The Register of Deeds order the annulment of the same as well as the
issuance of a new certificate of title in lieu thereof. been dissolved has not conveyed the same within
Such new certificate and all duplicates thereof three years after its dissolution; or upon any other
shall contain a memorandum of the annulment of reasonable ground; and the court may hear and
the outstanding duplicate. cd i determine the petition after notice to all parties in
SECTION 108.Amendment and Alteration interest, and may order the entry or cancellation
of Certificates. No erasure, alteration, or of a new certificate, the entry or cancellation of a
amendment shall be made upon the registration memorandum upon a certificate, or grant any
book after the entry of a certificate of title or of a other relief upon such terms and conditions,
memorandum thereon and the attestation of the requiring security or bond if necessary, as it may
same by the Register of Deeds, except by order consider proper; Provided, however, That this
of the proper Court of First Instance. A registered section shall not be construed to give the court
owner or other person having an interest in authority to reopen the judgment or decree of
registered property, or, in proper cases, the registration, and that nothing shall be done or
Register of Deeds with the approval of the ordered by the court which shall impair the title or
Commissioner of Land Registration, may apply by other interest of a purchaser holding a certificate
petition to the court upon the ground that the for value and in good faith, or his heirs and
registered interests of any description, whether assigns, without his or their written consent.
vested, contingent, expectant or inchoate Where the owner's duplicate certificate is not
appearing on the certificate, have terminated and presented, a similar petition may be filed as
ceased; or that new interest not appearing upon provided in the preceding section.
the certificate have arisen or been created; or that All petitions or motions filed under this
an omission or error was made in entering a Section as well as under any other provision of
certificate or any memorandum thereon, or on this Decree after original registration shall be filed
any duplicate certificate; or that the same or any and entitled in the original case in which the
person on the certificate has been changed; or decree or registration was entered. cdtai

that the registered owner has married, or, if SECTION 109.Notice and Replacement of
registered as married, that the marriage has been Lost Duplicate Certificate. In case of loss or
terminated and no right or interests of heirs or theft of an owner's duplicate certificate of title, due
creditors will thereby be affected; or that a notice under oath shall be sent by the owner or by
corporation which owned registered land and has someone in his behalf to the Register of Deeds of
the province or city where the land lies as soon as Notice of all hearings of the petition for
the loss or theft is discovered. If a duplicate judicial reconstitution shall be given to the
certificate is lost or destroyed, or cannot be Register of Deeds of the place where the land is
produced by a person applying for the entry of a situated and to the Commissioner of Land
new certificate to him or for the registration of any Registration. No order or judgment ordering the
instrument, a sworn statement of the fact of such reconstitution of a certificate of title shall become
loss or destruction may be filed by the registered final until the lapse of thirty days from receipt by
owner or other person in interest and registered. the Register of Deeds and by the Commissioner
Upon the petition of the registered owner or of Land Registration of a notice of such order or
other person in interest, the court may, after judgment without any appeal having been filed by
notice and due hearing, direct the issuance of a any of such officials.cdtai

new duplicate certificate, which shall contain a CHAPTER XI

memorandum of the fact that it is issued in place Schedule of Fees: Special Fund
of the lost duplicate certificate, but shall in all
respects be entitled to like faith and credit as the SECTION 111.Fees Payable. The fees
original duplicate, and shall thereafter be payable to the Clerk of Court, the Sheriff, the
regarded as such for all purposes of this decree. Register of Deeds and the Land Registration
Commission shall be as follows:
SECTION 110.Reconstitution of Lost or
Destroyed Original of Torrens Title. Original A.Fees payable to the Clerk of Court.
copies of certificates of title lost or destroyed in The fees payable to the clerk of court or his
the offices of Register of Deeds as well as liens deputies shall be as follows:
and encumbrances affecting the lands covered by 1.For filing an application for the
such titles shall be reconstituted judicially in registration of land, the fees shall
accordance with the procedure prescribed be based on the assessed value
in Republic Act No. 26 insofar as not inconsistent of the property for the current
with this Decree. The procedure relative to year, in accordance with the
administrative reconstitution of lost or destroyed following schedule
certificate prescribed in said Act is hereby
(a)When the value of the
abrogated.
property does not exceed
two thousand pesos,
 fifteen pesos for the first (d)When the value of the
five hundred pesos, or property is more than one
fractional part thereof, and hundred thousand pesos
five pesos for each but does not exceed five
additional five hundred hundred thousand pesos,
pesos, or fractional part one hundred eighty pesos
thereof. for the first one hundred
twenty-five thousand
(b)When the value of the
pesos, or fractional part
property is more than two
thereof, and twenty pesos
thousand pesos but does
for each additional twenty-
not exceed ten thousand
five thousand pesos, or
pesos, thirty five pesos for
fractional part thereof.
the first three thousand
pesos, or fractional part (e)When the value of the
thereof, and five pesos for property is more than five
each additional one hundred thousand pesos,
thousand pesos, or five hundred twenty pesos
fractional part thereof. for the first five hundred
fifty thousand pesos, or
(c)When the value of the property
fractional part thereof, and
is more than ten thousand
forty pesos for each
pesos but does not exceed
additional fifty thousand
one hundred thousand
pesos, or fractional part
pesos, eighty pesos for the
thereof.
first twenty thousand
pesos, or fractional part If the property has not been
thereof, and ten pesos for assessed for taxation, the fees
each additional ten above prescribed shall be based
thousand pesos, or on the current market value; and
fractional part thereof.acd the applicant shall file with his
application a sworn declaration
 of three disinterested persons parcel of land on which a copy of
that the value fixed by him is to such notice is posted, besides
their knowledge a fair valuation. travel fees, three pesos. cda

2.For filing a petition for review of 2.For posting notices of initial hearing of
judgment and decree, or other cadastral cases in conspicuous
claim adverse to the registered places on the lands included in
owner, for each petition, twenty the survey, for each group of one
pesos. hundred lots on which a copy of
the notice is posted, besides
3.For filing a petition after the decision
travel fees, three pesos.
has become final, twenty pesos.
If it affects land decreed in more 3.For posting one copy of a notice of
than one case, for each initial hearing in a conspicuous
additional case, one peso. If it place upon the municipal building
affects several lots or parcels of of the city, municipality, or
land in which the petitioners have municipal district in which the
no common interest, each of land or portion thereof lies,
such petitioners shall pay the besides travel fees, three pesos.
corresponding fees as if separate
4.For serving notices upon cadastral
petitions had been filed by him.
claimants to appear before the
court, travel fees only as
provided in the Rules of Court.
B.Fees payable to the Sheriff . The
sheriff shall collect fees for his services rendered 5.For all other services not mentioned
in connection with land registration and cadastral above, the same fees including
proceedings as follows: travel fees as provided in the
1.For posting notices of initial hearing of Rules of Court for similar
land registration cases in services.
conspicuous places on the lands C.Fees payable to the Register of Deeds.
described in the notice, for each The Register of Deeds shall collect fees for all
services rendered by him under this Decree in parcel of land so released, five
accordance with the following schedule: pesos; but the total amount of
1.Original certificate of title. For the fees to be collected shall not
entry of one original certificate of exceed the amount of fees paid
title and issuance of one owner's for the registration of such
duplicate certificate, ten pesos encumbrance.
for the first parcel of land 6.Court Order. For the annotation of
described thereon and five pesos an order of the court for the
for each additional parcel. amendment of, or the making of
2.Entry fee. For each entry in the a memorandum on, a certificate
primary entry book, five pesos. of title, except inclusion of
buildings or improvements, or
3.Attachment, levy, etc. For the any order directing the
annotation of an attachment, registration of a document, or of
levy, writ of execution, adverse any right or interest referred to in
claim, five pesos for each parcel said order, or the cancellation of
of land affected thereby. a certificate of title and/or the
4.Lis Pendens, etc. For the issuance of a new one, ten pesos
annotation of a notice of lis for each certificate of title on
pendens, or of any document or which the annotation is made, in
order in connection therewith, for addition to the fees prescribed
each parcel of land affected under paragraphs sixteen or
thereby, five pesos.cdasia
seventeen, as the case may be,
of this subsection, if the same are
5.Release of encumbrance. For the also due for the registration of
annotation of a release of any such document, right or interest.
encumbrance, except mortgage,
lease, or other lien for the 7.Building. For the annotation of an
cancellation of which a specific order of the court for the inclusion
fee is prescribed herein, for each of building and/or improvement in
 a certificate of title, ten pesos for allowance of a will and the letters
each certificate of title. testamentary or letters of
administration are filed together,
8.Powers of attorney, letters of
only one fee shall be collected.
administration, appointment of
For registering an instrument of
guardian, resolution or
revocation of any of the papers
revocation thereof . For
mentioned above, five pesos,
registering and filing a power of
and if annotated on the
attorney, letters of administration
corresponding certificate of title,
or letters testamentary whether
three pesos for each certificate of
or not accompanied by a copy of
title.
cdt
the testament, certificate of
allowance of a will with attested 9.Notice of tax lien, loss, etc. For the
copy of the will annexed, annotation of a notice of tax lien
appointment of guardian for a of any description notice of lost
minor or incompetent person, duplicate or copy of a certificate
appointment of receiver, trustee, of title, order of the court
or administrator, articles of declaring such duplicate or copy
incorporation of any corporation, null and void, notice of change of
association or partnership, or address, or the cancellation of
resolution of its board of directors any such annotation, for each
empowering an officer or certificate of title, five pesos.
member thereof to act in behalf of
10.Carry over of annotation. For
the same, twenty pesos; and for
transferring the memorandum of
the annotation of such papers on
an encumbrance of any kind from
certificates of title when required
one certificate of title which is
by existing laws or regulations,
cancelled to a new one in lieu
five pesos for each certificate of
thereof, for each memorandum
title so
thus transferred, five pesos.
annotated: Provided, however,
that when the certificate of
11.Annotation on additional copy of 14.Transfer certificate of title. For the
title. For any memorandum issuance of a transfer certificate
made in a standing co-owner's of title, including its duplicate, to
copy of a certificate of title after a a person other than those named
similar memorandum has been in the next preceding paragraph,
made in the original thereof, of ten pesos, in addition to the fees
each certificate of title, five hereinafter prescribed in
pesos. paragraph sixteen or seventeen,
as the case may be, of this
12.No specific fee. For any
subsection, if the same are also
memorandum made in a
due. If the certificate covers more
certificate of title for which no
than one parcel or lot, an
specific fee is prescribe above,
additional fee of five pesos shall
for each certificate of title, five
be collected for each additional
pesos.
parcel or lot.
13.Transfer to
15.Additional copy of title. For the
trustee, executor, administrator
issuance of a new owner's
receiver. For the issuance of a
duplicate or a co-owner's copy of
transfer certificate of title,
a certificate of title, or any
including its duplicate, to a
additional duplicate or copy
trustee, executor, administrator,
thereof, ten pesos for the first
or receiver, or for the cancellation
page and five pesos for each
of such certificate of title and
subsequent page, or fraction
issuance of a new one, including
thereof.
its duplicate, to the cestui que
trust in case of trusteeship, ten 16.Registration fee. For the
pesos. If the certificate covers registration of a deed of sale,
more than one parcel or lot, an conveyance, transfer, exchange,
additional fee of five pesos shall partition, or donation; a deed of
be collected for each additional sale with pacto de retro,
parcel or lot. aisa dc conditional sale, sheriff's sale at
public auction, sale for non- (a)Six thousand pesos
payment of taxes, or any sale maximum. When the
subject to redemption, or the value of the consideration
repurchase or redemption of the does not exceed six
property so sold; any instrument, thousand pesos, seven
order, judgment or decree pesos for the first five
divesting the title of the hundred pesos, or
registered owner, except in favor fractional part thereof, and
of a trustee, executor, three pesos for each
administrator or receiver; option additional five hundred
to purchase or promise to sell; pesos, or fractional part
any mortgage, surety, bond, thereof.cd

lease, easement, right-of-way, or

(b)Thirty thousand pesos
other real right or lien created or
maximum. When the
constituted by virtue of a distinct
value of the consideration
contract or agreement, and not
is more than six thousand
as an incidental condition of sale,
pesos but does not exceed
transfer or conveyance; the
thirty thousand pesos,
assignment, enlargement,
forty eight pesos for the
extension or novation of a
first eight thousand pesos,
mortgage or of any other real
or fractional part thereof,
right, or a release of mortgage,
and eight pesos for each
termination of lease, or
additional two thousand
consolidation of ownership over
pesos, or fractional part
a property sold with pacto de
thereof.
retro; where no specific fee is
prescribed therefor in the (c)One hundred thousand pesos
preceding paragraphs, the fees maximum. When the
shall be based on the value of the value of the consideration
consideration in accordance with is more than thirty
the following schedule: thousand pesos but does
 not exceed one hundred hundred sixty-two pesos
thousand pesos, one for the first five hundred
hundred fifty pesos for the twenty thousand pesos, or
first thirty-five thousand fractional part thereof, and
pesos, or fractional part thirty pesos for each
thereof, and fourteen additional twenty thousand
pesos for each additional pesos, or fractional part
five thousand pesos, or thereof.
fractional part thereof.
17.Fees for specific transactions. In
(d)Five hundred thousand pesos the following transactions,
maximum. When the however, the basis of the fees
value of the consideration collectible under paragraph
is more than one hundred sixteen of this subsection,
thousand pesos but does whether or not the value of the
not exceed five hundred consideration is stated in the
thousand pesos, three instrument, shall be as
hundred fifty-two pesos for hereunder set forth:
the first one hundred ten
(a)Exchange. In the exchange
thousand pesos, or
of real property the basis
fractional part thereof, and
of the fees to be paid by
twenty pesos for each
each party shall be the
additional ten thousand
current assessed value of
pesos, or fractional part
the properties acquired by
thereof. cdtai
one party from the other, in
(e)More than five hundred addition to the value of any
thousand pesos. When other consideration, if any,
the value of the stated in the contract.
consideration is more than
(b)Hereditary transfer. In the
five hundred thousand
transmission of an
pesos, one thousand one
 hereditary estate without person or group. In the
partition or subdivision of case, however, of conjugal
the property among the property, the basis of the
heirs, devisees or fees for the registration of
legatees, although with one-half thereof in the
specification of the share name of the surviving
of each in the value of the spouse shall be the total
estate, the basis shall be current assessed value of
the total current assessed the properties adjudicated
value of the property thus to said spouse. cd i

transmitted.
(d)Subdivision or partition. In
the partition of real
property held in common
(c)Partition of hereditary estate;
by several registered co-
Conjugal property. In
owner's the basis of the
the partition of an
fees to be paid by each co-
hereditary estate which is
owner or group of co-
still in the name of the
owners shall be the total
deceased, in which
assessed value of the
determinate properties are
property taken by each co-
adjudicated to each heir,
owner or group.
devisee or legatee, or to
each group of heirs, (e)Conveyance: several lots and
devisees or legatees, the parties. In the sale,
basis of the fees to be paid conveyance or transfer of
by each person or group, two or more parcels of land
as the case may be, shall in favor of two or more
be the total current separate parties but
assessed value of the executed in one single
properties thus instrument, the basis shall
adjudicated to each be the total selling price
 paid by each party-buyer, conveyance or transfer in
or, in the case of lump sum accordance with the
consideration, such current assessed value of
portion thereof as such properties. cd

apportioned in accordance
(g)Conveyance of mortgaged
with the assessed value of
properties. In the sale,
the respective land
conveyance, or transfer of
acquired by each party-
a mortgaged property, the
buyer.
basis shall be the selling
(f)Conveyance of properties in price of the property
different places. In the proper plus the full amount
sale, conveyance, or of the mortgage, or the
transfer of properties unpaid balance thereof if
situated in different cities the latter is stated in the
or provinces, the basis of instrument. If the
the fees in each Registry properties are situated in
of Deeds where the different cities or
instrument is to be provinces, the basis of the
registered shall be the total fees in each Registry of
selling price of the Deeds where the
properties situated in the instrument is to be
respective city or province, registered shall be such
or, in the case of lump sum sum as obtained for the
consideration, such properties situated in the
portion thereof as obtained respective city or province
for those properties lying after apportioning in
within the jurisdiction of the accordance with the
respective Registry after current assessed values of
apportioning the total said properties the total
consideration of the sale, amount of consideration
 as above computed, Deeds where the
unless the selling price of document is to be
the properties in each city registered shall be such
or province and the amount as obtained for the
proportionate share properties lying within the
thereof in the amount of jurisdiction of said Registry
unpaid balance of the after apportioning the total
mortgage are stated in the amount of the mortgage in
instrument, in which case, accordance with the
the aggregate of such current assessed value of
selling price and share such properties. casia

shall be the basis. In any

(i)Release of mortgage. In the
case, however, where the
release of a mortgage the
aggregate value of the
basis of the fees shall be
consideration as above
an amount equal to ten per
computed shall be less
centum of the total amount
than the current assessed
of obligation secured by
value of the properties in
the mortgage. If the
the city or province
properties are situated in
concerned, such assessed
different cities or
value shall be the basis of
provinces, the basis of the
the fees in the respective
fees in each Registry shall
Registry.
be ten per centum of such
(h)Mortgage of properties in sum as obtained for the
different places. In a properties in the
mortgage affecting respective city or province
properties situated in after apportioning the
different cities or amount of the mortgage in
provinces, the basis of the accordance with the
fees in each Registry of current assessed values of
 such properties. In the so sold, the basis of the
case of a partial release, fees in each Registry shall
the fees shall be based on be ten per centum of the
ten per centum of the selling or repurchase price
current assessed value of of the property lying within
the property so released in the jurisdiction of the
the respective city or Registry.
province;Provided, howev
(k)Affidavit of consolidation of
er, That where several
ownership. In an
partial releases had been
affidavit for the
registered, the fees
consolidation of ownership
corresponding to the final
over a property sold
release shall be computed
with pacto de retro or
on the basis of ten per
pursuant to an extra
centum of the difference
judicial foreclosure under
between the amount of the
the provisions of Act
mortgage and the
Numbered Thirty-one
aggregate of the
hundred and thirty-five, as
consideration used as
amended, the basis of the
basis for the collection of
fees in each Registry shall
the fees paid for the
be an amount equivalent
registration of all previous
to ten per centum of the
partial releases.
consideration of the sale in
(j)Certificate of sale. In a the respective city or
certificate of sale at public province.
auction by virtue of an
(l)Contract of lease. In
order of execution or sale
contracts of lease, the
for delinquency in the
basis of the fees in each
payment of taxes, or
Registry shall be the sum
repurchase of the property
total to be paid by the
 lessee for the properties each Registry shall be
situated in the respective ten per centum of the
city or province during the amount used as basis for
entire period specified in the collection of the fees
the contract, including the paid for the registration of
extension contemplated by said lease.
the parties which may be
(n)Option to purchase or promise
given effect without the
to sell. In contracts of
necessity of further
option to purchase or
registration. If the period is
promise to sell, the basis
from year to year, or
of the fees in each
otherwise not fixed, the
Registry shall be ten per
basis shall be the total
centum of the current
amount of rentals due for
assessed value of the
thirty months. If the rentals
property subject of such
are not distributed, the
contract in the respective
total amount thereof as
city or province.cd
above computed shall be
apportioned to said (o)Consideration not stated or
properties in accordance fixed or less than
with their assessed values, assessed value. In
and the proportionate sum other transactions where
thus obtained for each city the actual value of the
or province shall be the consideration is not fixed
basis of the fees to be in the contract or cannot
collected in the Registry be determined from the
concerned. terms thereof, or, in case
of a sale, conveyance, or
(m)Termination of lease. In
transfer, the consideration
the termination of lease,
stated is less than the
the basis of the fees in
current assessed value of
 the property, the basis of an entry in the registration books
the fees shall be the or a document on file, for each
current assessed value of such certificate containing not
the property involved in the more than two hundred words,
transaction. If the five pesos; if it exceeds that
properties are situated in number an additional fee of one
different cities or peso shall be collected for every
provinces, the basis of the hundred words, or fraction
fees in each Registry shall thereof, in excess of the first two
be the current assessed hundred words.
value of the properties
21.Research fee. For services
lying within the jurisdiction
rendered in attending to request
of the Registry concerned.
for reference or researches on
18.Issuance of copy of document. any records or documents on file
For furnishing copies of any in the Registry, there shall be
entry, decree, document, or other collected two pesos per
papers on file, fifty centavos for document or record.
each hundred words or fraction
D.Fees payable to the Commissioner of
thereof contained in the copies
Land Registration. The fees payable to the
thus furnished.
Commissioner of Land Registration shall be as
19.Certified copy. For certifying a follows:
cdt

copy furnished under the next (1)For verification and approval of

preceding paragraph, for each subdivision plans, the fee shall
certification, five pesos for one be:
page and one peso for each
additional page certified. (a)For each lotP2.00
20.Certification. For issuing a (b)For each corner of a lot,
certificate relative to, or showing irrespective of
the existence or nonexistence of, whether such corner is
 common to two (3)The rates of fees prescribed in
or more lots0.20 paragraph 1 and 2, inclusive,
shall apply to similar services
(c)For each traverse station0.10
rendered in connection with the
(d)For each observation0.50 examination, verification, and
approval of consolidation,
(e)In case the plan is a resurvey
consolidation-subdivision,
or relocation
resubdivision, and
plan, an additional 40 per
reconsolidation plans, special
cent of the rates
work order plans on the basis of
prescribed above shall be
certified copies of technical
collected.
descriptions of plans approved
Provided, however, that the total by the Land Registration
fee as computed above, whether Commission or the Bureau of
for subdivision and/or Lands, private surveys, and other
consolidation-subdivision plans of similar nature.cda

survey, resurvey or relocation

In the computation of fees
plan, shall in no case be less than
relative to lots subject of
P8.00 per plan.
consolidation and consolidation-
(2)For changing or correcting the name subdivision plans, a fee of two
of any person appearing on the pesos shall be collected per lot
subdivision plan or other plan in as appearing in the old survey in
order to have it conform to that addition to the fee collectible in
stated in the certificate of title paragraph 1 hereof for the new
covering the land, and for the lots.
cancellation of an approved plan
when so requested by the
interested party, there shall be a (4)For the preparation of a plan in a
fee of P5.00 per plan. tracing cloth of any survey, the
data of which are available in the
Commission, except when the of the number of its
same is merely traced from an corners, said lot
existing plan, the fees shall be being adjacent to
computed as follows: the first lot or any
other lotP15.00
(a)When the plan to be so
prepared contains only (3)For each non-adjacent
one lot: lot (other than
the first charged lot),
(1)For the first ten corners
irrespective of
or fraction
the number of its
thereofP40.00
cornersP20.00
(2)For the next ten corners
(4)If any lot contains more
or fraction
than twenty
thereof6.00
corners for each
(3)For each corner in corner of such lot
excess of the first in the first twenty
twenty corners0.40 cornersP0.40
(b)When the plan to be so (5)For the preparation of a plan in
prepared contains two or tracing cloth, to be traced from an
more lots: existing plan, complete with
bearings and distances of
(1)For the first lot, which
corners and tie-lines, the fee
must be the
shall be 30 per centumof the fees
biggest of the group,
prescribed in paragraph 4 above.
irrespective of
the number of its (6)For the preparation of a plan in
cornerP40.00 tracing cloth, to be copied from
an existing plan, complete with
(2)For each additional lot,
bearings and distances of sides
irrespective
and tie-lines, but using a different
 scale, the fee shall be 50 per (f)If the plan or sketch so
centum of the fees prescribed prepared contains
under paragraph 4 above, if the bearing and distances
made on a reduced scale; or of the sides and
60 per centum of the same fees, tie-lines, add to the total
if made on an enlarged scale. cda fees as above
computed 10 per
(7)For the preparation of a simple plan
centum thereof.
or sketch of any available survey
or plan on any paper other than a (8) For furnishing a plan copy (blue-
tracing cloth, the fee on the basis print, or white print) of any plan
of each lot, shall be as follows: on file in the Commission, the
fees shall be as follows:cdtai
(a)For the first ten corners or
fraction (a)For the copy of any size not
thereofP20.00 exceeding
forty square
(b)For the second ten corners or
decimetersP3.00
fraction
thereof5.00 (b)For one copy of more than
forty square
(c)For the third ten corners or
decimeters but not
fraction
exceeding eighty
thereof2.00
square decimeters in
(d)For each corner in excess of size6.00
the first
(c)For one copy of more than
thirty corners0.20
eighty square
(e)If the sketch is prepared in decimeters but not
tracing cloth, exceeding one hundred
add to the total fees as twenty square decimeter in
above computed5.00 size9.00
 (d)For one copy in excess of one (b)For lot description prepared in
hundred tracing cloth (on tabulated
twenty square decimeters form) including
in size, the certification:
basic rate of nine pesos
(1)For each sheetP1.50
plus for every
twenty square decimeters (2)For each lot0.20
or fraction
(3)For each corner in
thereof in excess0.50
excess of ten for a
(9)For the preparation of technical lot0.10
descriptions, other than mere
(c)Any common corner shall be
copying from an existing copy,
counted as many items as
there shall be collected the
there are lots to which it
following fees:
pertains.
(a)For technical descriptions of
(10)For certification of plans or copies
lots or parcels, typewritten
of plans as to the correctness of
in triplicate and double-
the same, per plan or print copy
spaced, including
P3.00 and for the issuance of
certification:
all other certifications P5.00
(1)For each lotP3.00 plus one 30-centavo
documentary stamp to be affixed
(2)For each corner of a
thereto.cd
lot0.20
(11)For inspection of land subject of
(3)For each extra carbon
private surveys, simple or
copy, extra
complex subdivision plans, or
charge0.20
consolidation, consolidation-
(4)Minimum total subdivision, resubdivision, or
charge3.00 reconsolidation plans, special
work orders, and other plans of
 similar nature for the purpose of For the 11th ha. to 20th ha.An
verification and/or approval: additional
P30.00 per ha.
(a)For each plan with an
For the 21st ha. to 30th ha.An
aggregate area
additional
of 1,000 sq. m. or P20.00 per ha.
lessP100.00
For the 31st ha. to 200th ha.An
(b)For each subdivision with an additional
aggregate P10.00 per ha.
area of more than 1,000 For the 201st ha. or overAn
sq. m.: additional
P8.00 per ha.
1.For the first 1,000 sq.
m.P100.00 A fraction of a hectare shall be
considered one hectare.
2.For every succeeding
1,000 sq. m. or 2. Urban (Solar):
fraction First 200 sq. m. or lessP350.00
thereof10.00
Succeeding 201 sq. m. or
(12)For actual field work of subdivision moreP20.00 - 100 sq. m.
survey, relocation survey and (b)Relocation Survey or
resurvey of land, the fees shall be Resurvey:
as follows:
The fee for relocation survey or resurvey shall be one
(a)Subdivision survey: hundred fifty per cent (150%) of the amount of survey
1.Rural (Agricultural) fee collectible on the basis of the schedule of fees for
subdivision survey as provided in the preceding
AreaSurvey Fee
paragraph plus one per cent (1%) of the assessed
For the first hectareP350.00 value of the land.
For the 2nd ha. to 10th ha.An Special Account. Twenty per centum of
additional
all the collections of the Registers of Deeds and
60.00 per ha.
of the Land Registration Commission under this instruments shall be registrable: Provided, that,
Section and Sections 118 and 116 of this Decree every such instrument shall be signed by the
shall be appropriated and upon approval of a person or persons executing the same in the
budget for it by the Ministry of the Budget, such presence of at least two witnesses who shall
amounts shall be disbursed for the construction likewise sign thereon, and shall be acknowledged
and maintenance of buildings and all offices to be the free act and deed of the person or
under the Land Registration Commission, for the persons executing the same before a notary
purchase of necessary equipment, for payment of public or other public officer authorized by law to
allowances of officials and employees of the take acknowledgment. Where the instrument so
Commission, including those of the Registries of acknowledged consists of two or more pages
Deeds, as authorized by the Commissioner, for including the page whereon acknowledgment is
contracts regarding security printing of Land title written, each page of the copy which is to be
forms, for survey contracts, and for the registered in the office of the Register of Deeds,
maintenance and other operating expenses of the or if registration is not contemplated, each page
Commission. of the copy to be kept by the notary public, except
CHAPTER XII the page where the signatures already appear at
the foot of the instrument, shall be signed on the
Forms Used in Land Registration and left margin thereof by the person or persons
Conveyancing executing the instrument and their witnesses, and
SECTION 112.Forms in Conveyancing. all the pages sealed with the notarial seal, and
The Commissioner of Land Registration shall this fact as well as the number of pages shall be
prepare convenient blank forms as may be stated in the acknowledgment. Where the
necessary to help facilitate the proceedings in instrument acknowledged relates to a sale,
land registration and shall take charge of the transfer, mortgage or encumbrance of two or
printing of land title forms.
casia more parcels of land, the number thereof shall
Deeds, conveyances, encumbrances, likewise be set forth in said acknowledgment.
discharges, powers of attorney and other CHAPTER XIII
voluntary instruments, whether affecting Dealings with Unregistered Lands
registered or unregistered land, executed in
accordance with law in the form of public SECTION 113.Recording of Instruments
Relating to Unregistered Lands. No deed,
conveyance, mortgage, lease, or other voluntary the manner provided herein. In
instrument affecting land not registered under the case the Register of Deeds
Torrens system shall be valid, except as between refuses its admission to record,
the parties thereto, unless such instrument shall said official shall advise the party
have been recorded in the manner herein in interest in writing of the ground
prescribed in the office of the Register of Deeds or grounds for his refusal, and the
for the province or city where the land lies. latter may appeal the matter to
(a)The Register of Deeds for each the Commissioner of Land
province or city shall keep a Registration in accordance with
Primary Entry Book and a the provisions of Section 117 of
Registration Book. The Primary this Decree. It shall be
Entry Book shall contain, among understood that any recording
other particulars, the entry made under this section shall be
number, the names of the without prejudice to a third party
parties, the nature of the with a better right.
document, the date, hour and (c)After recording on the Record Book,
minute it was presented and the Register of Deeds shall
received. The recording of the endorse, among other things,
deed and other instruments upon the original of the recorded
relating to unregistered lands instruments, the file number and
shall be effected by way of the date as well as the hour and
annotation on the space provided minute when the document was
therefor in the Registration Book, received for recording as shown
after the same shall have been in the Primary Entry Book,
entered in the Primary Entry returning to the registrant or
Book. casia
person in interest the duplicate of
(b)If, on the face of the instrument, it the instrument, with appropriate
appears that it is sufficient in law, annotation, certifying that he has
the Register of Deeds shall recorded the instrument after
forthwith record the instrument in reserving one copy thereof to be
 furnished the provincial or city as well as where the property is situated or
assessor as required by existing ordinarily kept.
law. SECTION 115.Manner of Recording
(d)Tax sale, attachment and levy, Chattel Mortgages. Every Register of Deeds
notice of lis pendens, adverse shall keep a Primary Entry Book and a
claim and other instruments in Registration Book for chattel mortgages; shall
the nature of involuntary dealings certify on each mortgage filed for record, as well
with respect to unregistered as on its duplicate, the date, hour, and minute
lands, if made in the form when the same was by him received; and shall
sufficient in law, shall likewise be record in such books any chattel mortgage,
admissible to record under this assignment or discharge thereof, and any other
section. instrument relating to a recorded mortgage, and
all such instruments shall be presented to him in
duplicate, the original to be filed and the duplicate
(e)For the services to be rendered by to be returned to the person concerned. casia

the Register of Deeds under this The recording of a mortgage shall be

section, he shall collect the same effected by making an entry, which shall be given
amount of fees prescribed for a correlative number, setting forth the names of
similar services for the the mortgagee and the mortgagor, the sum or
registration of deeds or obligation guaranteed, date of the instrument,
instruments concerning name of the notary before whom it was sworn to
registered lands. or acknowledged, and a note that the property
CHAPTER XIV mortgaged, as well as the terms and conditions of
the mortgage, is mentioned in detail in the
Registration of Chattel Mortgages instrument filed, giving the proper file number
SECTION 114.Recording of Chattel thereof. The recording of other instruments
Mortgages. A chattel mortgage shall be relating to a recorded mortgage shall be effected
recorded in the office of the Register of Deeds of by way of annotation on the space provided
the province or city where the mortgagor resides therefor in the Registration Book, after the same
shall have been entered in the Primary Entry 1.Entry fee. For entry or presentation
Book. of any document in the Primary
The Register of Deeds shall also certify the Entry Book, five pesos.
officer's return of sale upon any mortgage, Supporting papers presented
making reference upon the record of such together with the principal
officer's return to the volume and page of the document need not be charged
record of the mortgage, and a reference of such any entry or presentation fee
return on the record of the mortgage itself, and unless the party in interest
give a certified copy thereof, when requested, desires that they be likewise
upon payment of the legal fees for such copy entered.
thereof, when requested, upon payment of the 2.Chattel Mortgage. For filing and
legal fees for such copy and certify upon each recording each chattel mortgage,
mortgage officer's return of sale or discharge of including the necessary
mortgage, and upon any other instrument relating certificates and affidavits, the
to such a recorded mortgage, both on the original fees established in the following
and in the duplicate, the date, hour, and minute schedule shall be collected:
when the same is received for record and record
such certificate with the return itself, and keep an (a)Six thousand pesos
alphabetical index of mortgagors and maximum. When the
mortgagees, which record and index shall be amount of the mortgage
open to public inspection. does not exceed six
thousand pesos, seven
Duly certified copies of such records and of pesos for the first five
filed instruments shall be receivable as evidence hundred pesos, or
in any court. fractional part thereof, and
SECTION 116.Fees for Chattel three pesos for each
Mortgages, etc. The Register of Deeds shall additional five hundred
collect the following fees for services rendered by pesos, or fractional part
him under this section: cdt thereof.
(b)Thirty thousand pesos more than one hundred
maximum. When the thousand pesos but does
amount of the mortgage is not exceed five hundred
more than six thousand thousand pesos, three
pesos but does not exceed hundred fifty-two pesos for
thirty thousand pesos, the initial amount not
forty-eight pesos for the exceeding one hundred
initial amount not ten thousand pesos and
exceeding eight thousand twenty pesos for each
pesos, and eight pesos for additional ten thousand
each additional two pesos or fractional part
thousand pesos or thereof. acd

fractional part thereof.

(e)More than five hundred
(c)One hundred thousand pesos thousand pesos. When
maximum. When the the amount of the
amount of the mortgage is mortgage is more than five
more than thirty thousand hundred thousand pesos,
pesos but does not exceed one thousand one hundred
one hundred thousand sixty-two pesos for the
pesos, one hundred fifty initial amount not
pesos for the initial amount exceeding five hundred
not exceeding thirty-five twenty thousand pesos,
thousand pesos, and and thirty pesos for each
fourteen pesos for each additional twenty thousand
additional five thousand pesos or fractional part
pesos or fractional part thereof:Provided, however
thereof. , that registration of the
mortgage in the province
(d)Five hundred thousand pesos
where the property is
maximum. When the
situated shall be sufficient
amount of the mortgage is
 registration and provided, conveyance, or transfer of the
further, that if the property which is subject of a
mortgage is to be recorded mortgage, or of the
registered in more than assignment of mortgage credit,
one city or province, the the fees established in the
Register of Deeds of the preceding schedule shall be
city or province where the collected on the bases of ten per
instrument is first centum of the amount of the
presented for registration mortgage or unpaid balance
shall collect the full amount thereof, provided, that the latter
of the fees due in is stated in the instrument.
accordance with the
4.Notice of attachment. For
schedule prescribed
recording each notice of
above, and the Register of
attachment, including the
Deeds of the other city or
necessary index and
province where the same
annotations, eight pesos.
instrument is also to be
registered shall collect 5.Release of mortgage. For
only a sum equivalent to recording such release of
twenty per centum of the mortgage, including the
amount of fees due and necessary index and references,
paid in the first city or the fees established in the
province, but in no case schedule under paragraph (b)
shall the fees payable in above shall be collected on the
any Registry be less than basis of five per centum of the
the minimum fixed in this amount of the mortgage. cda

schedule.
6.Release of attachment. For
3.Conveyance of mortgaged recording each release of
property, etc. For recording attachment, including the proper
each instrument of sale, annotations, five pesos.
7.Sheriff's return of sale. For such certificate containing not
recording each sheriff's return of more than two hundred words,
sale, including the index and five pesos; if it exceeds that
references, seven pesos. number, an additional fee of one
peso shall be collected for every
8.Power of attorney, appointment of
one hundred words or fractional
guardian, administrator or
part thereof, in excess of the first
trustee. For recording a power
two hundred words.
of attorney, appointment of
judicial guardian, administrator, 12.Research Fee. For services
or trustee, or any other rendered in attending to requests
instrument in which a person is for references to, or researches
given power to act in behalf of on any document on file in the
another in connection with a Registry, there shall be collected
mortgage, ten pesos. a fee of two pesos per
document.
9.No specific fee. For recording each
casia

instrument or order relating to a CHAPTER XV

recorded mortgage, including the Consultas
necessary index and references,
for which no specific fee is SECTION 117.Procedure. When the
provided above, five pesos. Register of Deeds is in doubt with regard to the
proper step to be taken or memorandum to be
10.Certified copy. For certified made in pursuance of any deed, mortgage or
copies of records, such fees as other instrument presented to him for registration,
are allowed by law for copies or where any party in interest does not agree with
kept by the Register of Deeds. the action taken by the Register of Deeds with
11.Certification. For issuing a reference to any such instrument, the question
certificate relative to, or showing shall be submitted to the Commissioner of Land
the existence or non-existence of Registration by the Register of Deeds, or by the
an entry in the registration book, party in interest thru the Register of Deeds.
or a document on file, for each
 Where the instrument is denied registration, the Court of Appeals within the period and in the
the Register of Deeds shall notify the interested manner provided in Republic Act No. 5434. cda

party in writing, setting forth the defects of the CHAPTER XVI

instrument or legal grounds relied upon, and
advising him that if he is not agreeable to such Final Provisions
ruling, he may, without withdrawing the SECTION 118.Appropriation. There is
documents from the Registry, elevate the matter hereby appropriated initially the sum of TWELVE
by consulta within five days from receipt of notice MILLION THREE HUNDRED FORTY
of the denial of registration to the Commissioner THOUSAND PESOS (P12,340,000.00) from the
of Land Registration upon payment of National Treasury not otherwise appropriated for
a consulta fee in such amount as shall be the implementation of this Decree; thereafter, said
prescribed by the Commissioner of Land sum shall be added to the regular appropriation
Registration. act of every year.
The Register of Deeds shall make a
memorandum of the pending consulta on the SECTION 119.Postage Exemption. No
certificate of title which shall be cancelled motu postage stamps or mailing charges shall be
proprio by the Register of Deeds after final required in all matters transmitted by the Land
resolution or decision thereof, or before Registration Commission or any of its Registry of
resolution, if withdrawn by petitioner. Deeds in the implementation of Sections 23, 40,
The Commissioner of Land Registration, 106, 113 and 117 of this Decree.
considering the consulta and the records certified SECTION 120.Repealing Clause. All
to him after notice to the parties and hearing, laws, decrees, orders, rules and regulations, or
shall enter an order prescribing the step to be parts thereof, in conflict or inconsistent with any of
taken or memorandum to be made. His resolution the provisions of this Decree are hereby repealed
or ruling in consultas shall be conclusive and or modified accordingly.
binding upon all Registers of Deeds, provided,
that the party in interest who disagrees with the SECTION 121.Separability Clause. In
final resolution, ruling or order of the the event that any provision of this Decree is
Commissioner relative to consultas may appeal to 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. acd

Published in the Official Gazette, Vol. 75 No. 2 Page

185 on January 8, 1979.
(Property Registration Decree, Presidential Decree
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No. 1529, [June 11, 1978])