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PD 1529_mhaen

PD 1529_mhaen

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06/19/2014

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1May Encarnina P. GaoiranLLB-II
(reproduce as it is, including my name.
)
 
PD 1529: AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHERPURPOSESChapter 1: General ProvisionsSec. 1-2Property Registration DecreeNature:
in rem
;
 
b
asis:
Torrens system
RTC-
1
)
exclusive jurisdictiona.
 
over all applications for original registration of title lands, including improvementsb.
 
over all petitions filed after original registration of title2
)
power to hear and determine all questions arising upon such applications or petitions
Court via Clerk of Court
-
shall furnish the LRC within 5 days from the filing or issuance the following:1.
 
2 certified copies of alla.
 
pleadingsb.
 
exhibitsc.
 
ordersd.
 
decisions filed or issued in applications or petitions for land registration
Exception:
stenographic notes
Sec. 2, Art. XII 1987 Constitutionagricultural lands
-
can be alienated
State-
has full control and supervision of 
exploration, development
and
utilization of natural resources (EDU)-
may enter into
co-production, joint venture, or production-sharing agreementscorporations/associations-
60% of the capital must be owned by Filipino citizens
;
can
LEASE-
notexceeding 25 years, renewable for not more than 25 years
Others that can
b
e granted:
1.
 
rights of irrigation
 
2.
 
water supply
 
3
.
 
fisheries
 
4
.
 
industrial uses
 Purpose of the Torrens system
1.
 
to quiet title to land
 
2.
 
to put a stop forever to any question of the legality of the title
;
 
Exceptions-
claims which were noted at the timeof registration, or which may arise subsequent thereto
 
3
.
 
to decree land titles that shall be final, irrevocable and undisputable
 
4
.
 
to relieve the land of the burden of known as well as unknown claims
 
5.
 
to avoid possible conflicts of title to real estate
 
6.
 
to facilitate transactions relative thereto
 
7
.
 
to dispense with the need of inquiring further
 The title once registered cannot
b
e:
1.
 
impugned
 
2.
 
altered
 
3
.
 
changed
 
4
.
 
modified
 
5.
 
enlarged
 
6.
 
diminished
 Exception
-
some direct proceeding permitted by law
Registration
-
not a mode of acquiring ownership
;
merely evidence of such title over a particular property
 
Page|
2Advantages of the Torrens system
1.
 
security
 
2.
 
reduced the cost of conveyances
 
3
.
 
for brevity and clearness
 
4
.
 
simplified ordinary dealings
 
5.
 
affords protection against fraud
 
6.
 
restored to their just value many estates
 Background of Torrens System of Registration
1.
 
The Pu
b
lic Land Act (C.A No. 141)
-
Nov.
7
, 19
3
6
 Act No. 926-
First Public Land Act (in pursuant to Philippine Bill of 2902
)
 
Act No. 2874-
Second Public Land Act (Jones Law, 1919
)
 2.
 
Land Registration Act (Act No. 496)
-
Nov. 6, 1902 effective Jan. 1, 190
3
 
-
created Court of Land Registration
-
provides
Assurance Fund
-
payment for the loss or damage sustained by any person who, withoutnegligence on his part, is wrongfully deprived of any land or interest therein on account of the bringing of the sameunder Act or registration of any other persons as owner of the land.
3
.
 
The Cadastral Act (Act No. 2259)
-
Feb. 11, 191
3
 Director of Lands
-
ordered to make a survey
Solicitor General
-
shall institute registration proceedings2x publication in successive issues of the Official Gazette
4
.
 
The Property Registration Decree (P.D No. 1529)
-
June 11, 19
78
 Aims
to update the Land Registration Act
 
to codify the various laws relative to registration of property
 
to facilitate effective implementation of said laws
 Land Registration Authority-
under the DOJ
;
actual repository of records relative to original registration
BP 129 Sec. 19(2)RTC
-
all civil actions which involve the title to, or possession of, real property or any interest therein, AV= P20K
Metropolitan Manila-
civil actions which AV= P50K
Exceptions (MTC, METC, MCTC)
a
)
 
forcible entryb
)
 
lawful detainer
inferior court-
M
V= P15K
Sec. 34 Cadastral or Land Registration Cases
1.
 
where the lot sought to be registered is not the subject of the controversy or opposition
;
or
 
2.
 
where the lot is contested but it does not exceed P100K
 how to ascertain?
affidavit of the claimant, agreement, tax declaration
Registration Court
-
not divested of its jurisdiction by administrative act for the issuance of patent
homestead patent
-
does not finally dispose of the public or private character of the land as far as courts acting uponproceedings
in rem
are concerned
Sec. 3Gen. Rule:
Spanish titles are no longer used as evidence of land ownership and may be lost via prescription
Exception:
if recorded within 6 mos. from the date of effectivity of 
P.D No. 892
-
Aug. 16, 19
7
6
Forms of Grants/ Concessions
1.
 
royal grant
 
2.
 
special grant
 
3
.
 
title or adjustment title
 
4
.
 
title by purchase
 
5.
 
gratuitous title
 
6.
 
possessory information title
 
 
Page|
3pro
b
ate court
-
settles and liquidates the estate of deceased persons either summarily or via the process of administration
-
rules on whether or not the inventory of the estate properly included them for purposes of distribution of the net assets of the estate of the deceased to lawful heirs.
Notes: 1
)
 
A merely appointed judge who did not try the case can decide the same provided that the record and theevidence are all available to him and that the same were taken into consideration and thoroughly studied.2
)
Registration of instruments affecting titled lands under Act No.
3
2
44
ineffective against
3
rd
persons.
Chapter 2: The Land Registration Commission and Its Registries of DeedsSec. 4Aim of LRC-
to have a more efficient execution of the laws relative to the registration of lands
Sec. 5Officials and employees of the Commission
-
shall be appointed by the Sec. of Justice upon the recommendationof LRC Commissioner1.
 
Commissioner-
qualified member of the Philippine Bar
;
at least 10 yrs. of practice in the legal profession2.
 
Deputy Commissioner-
SA
ME
;
 
salary-
3
k/year
-
Cs salary
3
.
 
Special Assistant to the Commissioner
 
4
.
 
Chief Geodetic Engineer-
3
,
4
00/yr.  DCs salary5.
 
Other Officials/ Employees of LRC, Registries of Deeds
 
Sec. 6General FunctionsA.
 
Commissioner of Land Registration
1.
 
issue decrees of registration pursuant to final judgments of the courts in land registration proceedingsand cause the issuance by the Register of Deeds of the corresponding certificates of title
;
 
2.
 
exercise supervision and control over all Registers of Deeds and other personnel of the Commission
;
 
3
.
 
resolve cases elevated
en consulta
by, or on appeal from decision of, Registers of Deeds
;
 
4
.
 
exercise executive supervision over all clerks of court and personnel of the RTC
;
 
5.
 
implement all orders, decisions and decrees promulgated re registration of lands an d issue subject tothe approval of the SOJ
;
 
6.
 
verify and approve subdivision, consolidation and consolidation
-
survey plans of properties titled underAct No.
4
96
except
those covered by P.D No. 95
7
 B.
 
Land Registration Commission
1.
 
extend speedy and effective assistance to the DAR, Land Bank, et,al
;
 
2.
 
extend assistance to courts in ordinary and cadastral land proceedings
;
 
3
.
 
central repository of records
 Notes:
The duty of LRA to issue decree is
ministerial
, hence it is not compellable by mandamus.The LRA has no authority to represent the government in registration proceedings.
Sec. 7Office of the Register of Deeds
-
at least Register of Deeds for each province and one for each of city
-
if it has a yearly average collection of more than 6k during the last
3
years: 1 Deputy Register of Deeds
;
if morethan
3
k: one second Deputy Register of Deeds

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