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FAQs on:
LAND
OWNERSHIP
Land Ownership
What is a land title?
A land title is the evidence of the right of the owner or the extent of his/her
interest, and by which means he/she can maintain control and as a rule assert right
to exclusive possession and enjoyment of the property. The document is
entitled the Certificate of Title. (Pea, Registration of Land Titles and Deeds,
Revised Edition, 1988)
Is a land title different from a deed?
Yes. Land title refers to the evidence of the right of the owner while deed refers to a
written document executed in accordance with law, wherein a person grants or
conveys to another a certain land. (Pea, Registration of Land Titles and Deeds,
Revised Edition, 1988)
Examples of a deed: Deed of sale, deed of donation, deed of mortgage, lease
contracts, etc.
Why is a land title important?
Land title is important because it is the only document that would prove a persons
ownership over a piece of land.
What information is contained in the certificate of title?
The certificate of title contains the following: ( Aquino, Amado D., Land Registration
and Related Proceedings, Revised Edition, 1997)
The full name of the owner, including the civil status, and the name of the
information.
Annotation is a remark, note, case summary, statutory provision, intended to
illustrate or explain its meaning.
What is the limitation on certificates of title?
A certificate of title shall not be subject to collateral. It cannot be altered, modified
or
cancelled except in a direct proceeding in accordance with law. (Pres. Decree
No. 1529, Sec. 48)
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Land Ownership
What document is issued to the registered owner of the land?
The owners duplicate Certificate of Title is issued by the Register of Deeds in the
name of the person in whose ownership of the land was decreed and this is given to
the registered owner. (Pres. Decree No. 1529, Sec. 41)
In cases of co-ownership, can each co-owner have a copy of the duplicate
certificate of title?
Yes. A separate duplicate certificate of title may be issued to each of the co-owner
in the same form. The Register of Deeds shall note on each certificate of title a
statement as to whom a copy was issued. (Pres. Decree No. 1529, Sec. 41)
Can an Agrarian Reform Beneficiary (ARB) acquire title to his/her land awarded
through PD 27 or RA 6657?
Landownership of the beneficiary of CARP shall be evidenced by a Certificate of
Land Ownership Award (CLOA). The certificate shall contain the restrictions
provided in R.A. 6657, and shall be recorded in the Register of Deeds concerned
and annotated on the certificate of title. (Republic Act No. 6657, Sec. 24)
A Certificate of Land Transfer shall be issued in duplicate by the Department of
Agrarian Reform for every land brought under Operation Land Transfer. The
original shall be kept by the beneficiary, and the duplicate in the Registry of Deeds.
After the ARBs shall have fully complied with the requirements for a grant of title
under P.D. 27, an Emancipation Patent (EP) shall be issued by DAR. (Pres. Decree
No. 1529, Sec. 105)
Land Registration
System and Procedures
What is land registration?
Land Registration is the process wherein the state provides a public record of the
lant title itself upon which a prospective purchaser or someone else interested may
rely. (Pea, Registration of Land Titles and Deeds, Revised Edition, 1988)
What is the purpose of land registration under Torrens system?
The real purpose of the system is to quiet title of land; to put a stop to any
question of the legality of the title, except claims, which were noted at the time of
registration. (Pea, Registration of Land Titles and Deeds, Revised Edition, 1988)
Land Ownership
What system of registration have we adopted in the Philippines?
In order to simplify land registration proceedings, Torrens System was adopted in
the Philippines. A Torrens title is the certificate of ownership issued under the
Torrens system. (Pea, Registration of Land Titles and Deeds, Revised Edition,
1988)
What is the basic law governing land registration?
Presidential Decree No. 1529 was issued on June 11, 1978, known as the Property
Registration Decree, governing registration of lands under the Torrens system. This
decree supersedes all other laws related to registration of property.
What is the coverage of PD 1529?
The law is broad in scope as it covers:
Original registration of title both ordinary registration proceedings and cadastral
registration proceedings
Registration of voluntary dealings and involuntary dealings
Reconstitution of lost or destroyed original of Torrens title
Land Ownership
To bring more lands under the operation of
Torrens System, subsequent laws
were enacted, such as: Act 2259, otherwise known as the Cadastral Act and
Commonwealth Act 141, also known as the Public Land Act.
The other system of recording is governed by Section 194 of the Revised
Administrative Code, as amended by Act 3344. This law provides for the
registration or recording of transaction, affecting unregistered lands.
What court has the jurisdiction over the registration of title?
The Regional Trial Courts now have plenary jurisdiction over land registration
proceedings.
The Property Registration Decree provides that said courts shall have exclusive
jurisdiction over all applications for original registration of title to lands, including
improvements and interests therein, and over all petitions filed after original
registration of title, with power to hear and determine all questions arising upon
such application or petitions.
The court through its clerk of court shall furnish the Land Registration Commission
with two certified copies of all pleadings, exhibits orders, and decisions filed or
issued in applications or petitions for land registration, with the exception of
stenographic notes, within five (5) days from the filing or issuance thereof. ( Pres.
Decree No. 1529, Sec. 2, 1978 )
What is the nature of land registration proceeding?
Sec. 2 of the Property Registration Decree (P.D. No. 1529) provides that judicial
proceedings for the registration of lands throughout the Philippines shall be in rem
and shall be based on generally accepted principles underlying the Torrens system.
A proceeding in rem, binds all persons known and unknown, and the title issued as
a result is binding and conclusive upon the whole world.
What is the role of the Register of Deeds?
The office of the Register of Deeds constitutes a public repository of records of
instruments affecting registered and unregistered lands in the province or city
wherein such office is situated.
It shall be the duty of the Register of Deeds to immediately register an instrument
presented for registration dealing with real or personal property which complies
with all the requisites for registration.
It shall see to it that said instrument bears the proper documentary and science
stamps and that the same are properly cancelled. (Pres. Decree. No. 1529, Sec. 10)
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Land Ownership
What are the kinds of land registration?
There are two kinds of land registration: original registration and subsequent
registration.
What is the difference between original registration and subsequent
registration?
Original Registration is when the land has been adjudicated and decreed in the
name of its owner in a registration proceeding and the title issued for the first time
in pursuant of such decree is the Original Certificate of Title (OCT).
Whereas, subsequent registration is when the land title is cancelled and replaced by
another title by reason of sale or transfer. The new certificate issued is Transfer
Certificate of Title (TCT). All subsequent titles are known as Transfer
Certificates.
Original Certificate of Title is a true copy if the decree of registration. It is signed
by the Administrator, entered and filed in the Land Registration Authority.
How do we acquire original certificate of title or original registration?
The following are the steps for the acquisition of original certificate of title:
1. Survey of Land. Lands shall be measured by a licensed surveyor who will prepare
the plan on a tracing cloth or Diazo Polyester Film.
2. Approval of Plan. The Director of the Bureau of Lands must approve plan where
property is located.
3. Filing of Application for Registration. The application for land registration must
be typewritten and be filed at the Regional Trial Court where the property is
located.
Attachments/Requirements:
Seven Copies (7) of application
Original Plan
Office
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Land Ownership
4. Land Registration Case Number. The Clerk of Court shall give or assign a Case
Number upon the filing of application.
5. Date of Hearing. The court will schedule the hearing of the application pursuant
to Sec. 23 of P.D. No. 1529 and LRC Circular No. 353. The notice of the court
order for the first hearing will be sent to LRA together with the duplicate copy of
the application, original or certified copy of the plan, duplicate original copy of
the technical description, surveyors certificate, latest tax declaration, and receipt
of the publication fee.
6. Publication. The notice of initial hearing prepared by the LRA must be published
once in an official gazette and also in a newspaper for general circulation in the
Philippines. The fee for the publication is PhP 1,012.50 for the first one lot and
PhP 322.50 for every lot in excess of the first lot. The applicant will give the
payment to the Clerk of Court upon filing the application. This will be given to
the Director of National Printing Office (NPO).
7. Oppositions. All those who claim ownership or may have an interest over the land
or property may file an opposition at the court so that they will be heard.
8. Evidence. The applicant and the oppositions will present evidence on their
ownership claim during the hearing.
9. Decision. After the hearing, the court will give its decision in favor of person who
has presented sufficient evidence of his/her ownership. Once the decision is
final, the court will order the Administrator of the LRA to give a Decree of
Registration on the said owner.
10. Decree of Registration. Upon receipt of the Court Order, the Administrator of
LRA will have a transcription of the Decree of Registration in the registration
book. The number of the Decree of Registration will be typewritten on the
Original Certificate of Title. The original and owners duplicate copies will be
delivered to the Register of Deeds where the property is located.
11. Certificate of Title. Once the Register of Deeds receive the original and
duplicate copies of the Certificate of Original Registration, an OCT number will
be given, then it will be kept in the vault of the Registry. The Register of Deeds
will issue the owners duplicate original certificate of title to the applicant.
A certificate of title issued without fully complying with the above requisites are
illegal and invalid and may be cancelled by the court. ( Land Registration
Authority)
Who may apply for the original registration proceedings?
Section 14 of the Property Registration Decree, provides that the following persons
may file in the proper Regional Trial Court an application for original registration of
title to land:
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Land Ownership
Those who by themselves or through their predecessors-in-interest have been in
law.
Where the land is owned in common, all the co-owners shall file the application
jointly.
How may subsequent registration be accomplished?
Subsequent registration involves voluntary and involuntary dealings with registered
lands.
Voluntary dealings refer to deeds, instruments or documents which are the results
of the free and voluntary acts of the parties.
Involuntary dealings refer to such writs, order or process issued by a court of
record affecting registered land which are not the willful acts of the registered
owner and which may have been executed even without his/her knowledge or
against his/her consent.
What are the example of voluntary dealings and involuntary dealings?
Example Voluntary Dealings:
Sales
Conveyances or transfers of ownership over titled property, mortgages and leases
powers of attorney
trusts
Land Ownership
Lis pendens a notice of pending litigation; a warning to the whole world that one
who buys the property so annotated does so at his/her own risk. (Rehabilitation
Finance Corp. v. Morales, 101 Phil. 175)
What is the difference between voluntary and involuntary registration?
In voluntary registration of documents/instruments, the holder of a certificate of
title, presents and files a duly notarized and valid deed of sale and the same is
entered in the daybook (primary entry book) and at the same time he/she
surrenders or presents the owners duplicate certificate of title covering the land
sold and pays the registration fees.
On the other hand, in cases of involuntary registration of documents an entry in
the daybook of the Registry of Deeds, is sufficient notice to all persons even if the
owners duplicate certificate of title is not presented to the Register of Deeds.
Is a deed of sale or a mortgage document sufficient to convey ownership of
land?
No. The deed of sale or a mortgage document is not sufficient to convey ownership
of land. The mere execution of deeds of sale, mortgages, leases other voluntary
documents serves only two purposes:
As a contract between the parties
As evidence of authority to the Register of Deeds to register such documents
Land Ownership
What is the effect of failure to register?
If registered, the documents acquired validity as a conveyance or lien from the time
of registration; and as the law states unless such act is performed said deed does
not serve as a deed of conveyance and cannot bind the property, it follows that
until then, the registered right of the owner exists.
Is entry in the day book a sufficient accomplishment of registration?
No. In the case of Bass vs. Dela Rama, a question was raised as to whether an entry
of a document in the daybook of the Register of Deeds maybe considered sufficient
to accomplish registration. This was answered in the negative. While the effect of
registration retroacts as of the date of entry of the document in the daybook of the
Register of Deeds, registration is not considered accomplished, until and unless a
memorandum of such document is made on the certificate of title.
It maybe contended that in sec. 52 of P.D. 1529, which declares the effect of
registration, and in sec. 54, which specifies the manner of registration are
complementary to each other and should be interpreted together. To hold that the
new entry of document in the daybook, without noting it on the certificate of title, is
sufficient render Sec. 54 nugatory, and destroy one of the principal
features of
the Torrens System of registration, requiring all encumbances on the land or
estates therein be shown at least intimated upon the certificate of title.
What are the procedural requisites for the voluntary registration of
documents?
The following are required for the registration of voluntary documents/instruments:
1. The instrument or document shall be in a form sufficient in law and according to
Sec. 55 of P.D. 1529:
Every deed or other voluntary instrument presented for registration shall:
contain the full name , nationality, residence and postal address of the grantee;
contain the name of other person acquiring or claiming an interest under such
instrument;
state whether the grantee is married or unmarried, and if married, the name in full
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Land Ownership
Any change in the residence or postal address of such person shall be endorsed by
the Register of Deeds on the original copy of the corresponding certificate of title,
upon receiving a sworn statement of such change. All names and addresses shall
also be entered on all certificates.
2. The instruments or deeds with their copies shall be presented to the Register of
Deeds.
3. The owners duplicate certificate of title over the land subject of the instrument
must also be presented to the Register of Deeds.
What is the registration procedure when deed of sale or conveyance and transfer
covers the whole titled property?
If the instrument involves the entire property covered by the certificate of title:
The registration of deeds of sale or conveyances and transfer follows the same
cancelled.
What is the procedure for the registration when the conveyance involves only a
portion of the titled property?
If a deed of conveyance is for a part only of the land described in a certificate of
title:
The Register of Deeds shall not enter transfer certificate of title to the grantee
until a
survey plan of such land showing all the
has been subdivided;
The corresponding technical descriptions shall have been verified and approved
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Land Ownership
of title and the owners duplicate and shall be signed by the Administrator,
The discharge, cancellation or extinguishments of such encumbrances or interests
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Land Ownership
What are the governing laws and rules on mortgage and lease?
Mortgage is governed by Articles 2085 to 2092 (dealing on provisions common to
pledge and mortgage) and Articles 2124 to 2131 of the Civil Code; the Mortgage
Law; Rule 68 of the Rules of Court (on judicial foreclosure of mortgage); and
and Act No. 3125 as amended by Act 4118 (on extra-judicial foreclosure of
mortgage). Lease of lands, in general, is covered by Article 1646 to 1688 of the
Civil Code.
What will happen if the mortgage was foreclosed?
Sec. 63. Foreclosure of mortgage:
If the mortgage was foreclosed judicially:
A certified copy of the final order of the court confirming the sale shall be
not be cancelled, but the certificate of sale and the order confirming the sale shall
be registered by a brief memorandum made by the Register of Deeds upon the
certificate of title.
In the event the property is redeemed, the certificate or deed of redemption shall
be filed with the Register of Deeds, and a brief memorandum shall be made by the
Register of Deeds on the certificate of title of the mortgagor.
If the property is not redeemed, the final deed of sale executed by the sheriff in
favor of the purchaser at a foreclosure sale shall be registered with the Register of
Deeds, the title of the mortgagor shall be cancelled, and a new certificate issued in
the name of the purchaser.
If the mortgage was foreclosed extra-judicially:
A certificate of sale executed by the officer who conducted the sale shall be filed
with the Register of Deeds who shall make a brief memorandum on the certificate
of title.
In the event of redemption by the mortgagor, the same rule provided for in the
Land Ownership
shall be made by the Register of Deeds on the certificate of title of the
mortgagor.)
In case of non-redemption, the purchaser at foreclosure sale shall file with the
Register of Deeds, either a final deed of sale executed by the person authorized by
virtue of the power of attorney embodied in the deed of mortgage, or his/her
sworn statement attesting to the fact of non-redemption.
Power of attorney is an instrument authorizing another to act as ones agent or
attorney. The agent is attorney in fact and his power is revoked on the death of the
principal by operation of law.
The Register of Deeds shall issue a new certificate in favor of the purchaser after
the owners duplicate of the certificate has been previously delivered and cancelled.
What is the CARP rule on the foreclosed agricultural land?
Sec. 25 of Republic Act 337, otherwise known as The General Banking Act
provides that acquired and mortgaged agricultural land foreclosed by banks shall
be disposed of within five (5) years after foreclosure. (A. O. No. 1, 2000)
Can banks and other institutions acquire title to lands subject of a mortgage
right or interest?
Yes. Section 71 of R.A. 6657 provides that banks and other financing institutions
allowed by law to hold mortgage or security interest in agricultural lands may
acquire title to mortgaged properties, regardless of areas, subject to existing laws
on compulsory transfer of foreclosed agricultural lands and acquisition as
prescribed under Sec 16 of R.A. 6657. (A.O. No. 1, 2000)
Are ARBs required to register their lands acquired through PD 27 and RA 6657?
Yes. The Department of Agrarian Reform (DAR) shall prepare by automated data
processing a special registry book to be known as the Provisional Register of
Documents issued under P.D. 27 which shall be kept and maintained in every Registry
of Deeds throughout the country.
Said Registry shall be a register of:
All Certificates of Land Transfer (CLT) issued pursuant to P.D. No. 27; and
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Land Ownership
All subsequent transactions affecting Certificates of Land Transfer such as
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Land Ownership
Process Flow for Titling and Registration of Titled Lands
1. Transfer of Private Lands from Landowner to RP
1. Where there is DOT
Step 1
DARPO transmits notarized DOT and requests Register of Deeds (ROD) to issue
Transfer Certificate of Title (TCT ) in the name of RP
Step 2
ROD Registers DOT and issues TCT in the name of RP
Step 3
Release owners duplicate copy of RP-title to PARO or his/her duly authorized
representative
Step 4
DARPO- upon receipt of RP title generates CLOA (original and owners duplicate
certificate) in the name of the ARB and inscribes the encumbrance/lien in favor
of the LBP
Step 5
Requests ROD to register CLOA
Step 6
ROD registers CLOA
Step 7
Release owners duplicate copy of CLOA-title to PARO or his/her duly
authorized representative
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Land Ownership
What
Who
Where
(Place/
Groups)
Step 1
Transmittal of
notarized DOT
And requests
for the
issuance of
TCT in the
name of RP
DARPO
ROD
ROD
Register
of Deeds
ROD
ROD
Requirements (Forms/Documents)
Same as above
Step 2
Registration of
DOT
Step 3
Issuance of
TCT in the
name of RP
Produced by:
Bureau of Agrarian Reform Information and Education (BARIE)
Communications Development Division (CDD)
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