Devilleres, Elden Claire A.

(2016) 1
Land Titles and Deeds (Dean Rapista Notes)
Land Registration Authority (LRA)
- The subordinate of the Registration of Deeds
- Issues Decree of Registration
Issued by the Commissioner of LRA.
If the applicant has completed all the formalities, the judge will issue a Decree of
Registration to the Commissioner.
The Commissioner will order the Register of Deeds
Makes an ORC (Original Certificate of
Registration)
Registers the title of the owner
OCT is issued to the owner
Any transaction or sale of the land thereafter falls under subsequent registration under
the Torrens System
TCT (Transfer Certificate of Title)

Two (2) types of registration under the ROD:

1. Original Certificate
2. Subsequent Registration (TCT)

Lands or Title under Land Registration cases are called Judicial Title. Why?
- It is issued upon order of the Court.

Titles issued by executive branch (most common is DENR, DAR, NCIP in case of Ancestral Domain,
etc.):
- Under the Office of the President
- It is called Administrative Title

Types of Classification:
Judicial
Administrative done through the executive
BOTH ARE REGISTERED UNDER THE ROD FOR THE OCT TO BE REGISTERED TO
BE PART OF THE TORRENS SYSTEM
NAPCO (National Private Corporation)
NAPCO Lands awarded to war veterans (usually five hectares)
Done Administratively

Decree of Registration is issued by final judgment

The ROD is Ministerial.

Ministerial Function

If he knows that there is already an existing title, he can refuse if it would lead to double
titling.
Refusal to perform by the public officer of a ministerial function; the remedy of the
aggrieved party is Mandamus.

Discretionary function of a public officer of these is grave abuse or the exercise of discretion, the
remedy of the aggrieved party is Certiorari.

Devilleres, Elden Claire A. (2016) 2

Land Titles and Deeds (Dean Rapista Notes)

The ROD has to decide, act, deny, or register; but he has no resolve. The party not contented with the
decision to the LRA may appeal; the appeal is called en consulta.
If not contented with the decision of the
LRA, CA SC (Rules of Court).

LRA is the repository of all survey records; depends on the type of survey.
It has three (3) copiesThe LRA, ROD, and owner.

The Commissioner of LRA cannot be compelled by mandamus if he is confused with the order; he has
the rights to refer it back to the courts.

Real property should be registered to the ROD of the place where it is located.