WHO MAY APPLY FOR REGISTRATION UNDER PD 1529?

The following persons may file in the proper Court of First Instance an application for
registration of title to land, whether personally or through their duly authorized
representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim of ownership since June 12,
1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under the
provision of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right
of accession or accretion under the existing laws.

(4) Those who have acquired ownership of land in any other manner provided for by law.

Where the land is owned in common, all the co-owners shall file the application jointly.

Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should the
period for redemption expire during the pendency of the registration proceedings and
ownership to the property consolidated in the vendee a retro, the latter shall be substituted
for the applicant and may continue the proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in
trust by him, unless prohibited by the instrument creating the trust.

STEPS IN TITLE REGISTRATION:

Step 1. Submit the conveyance instrument and all supporting documents to the entry clerk
at the RD. The applicant will receive an electronic primary entry book number to confirm
receipt of the conveyance instrument and supporting documents.

Step 2. Pay the corresponding fees.

Step 3. The documents will be turned over to the examiner who will check if all the
requirements have been met, after which the information would be encoded.

Step 4. If the requirements are complete, the RD approves the applicant.

Step 5. A new land title will finally be printed and issued to the applicant.

Remedies available to aggrieved parties in Registration Cases:

1. PETITION TO REVIEW OR REOPEN A DECREE OF REGISTRATION
Requisites:
- The petitioner has a real right over the property;
- He has been deprived thereof;
- Through Actual Fraud;
- The Petition is filed within 1-year from the issuance of the decree;
- That the property has not yet been transferred to an innocent purchaser for value.

2. When the period for review expires:

ACTION FOR RECONVEYANCE

3. If the property has been transferred to an Innocent Purchaser for value:

DAMAGES.

What is Torrens title?

Torrens title is the certificate of ownership issued by the land Register of Deeds, naming
and declaring the owner of the real property described therein, free from all liens and
encumbrances except such as may be expressly noted thereon or otherwise reserved by
law. Its effect is that it can be conclusive against the whole world, it is guaranteed to be
indefeasible, unassailable, and imprescriptible. The title once registered cannot be
impugned, altered, changed, modified, enlarged, or diminished except in some direct
proceeding permitted by law.

Voluntary&Involuntary Dealings In Land Titles And Deeds

1. Sale, mortgage, lease, special power of attorney and trusts are examples of voluntary
dealings. They are entered voluntarily by the parties. Unlike an involuntary dealings, the
owner doesn’t want the transaction to be registered. The owner wouldn’t want his property
be subject of an attachment, adverse claim or notice of lis pendens.

2. Registration is the necessary act for the transaction to bind third parties.

3. Actual knowledge is equivalent to registration. Registration is to give notice. If the

person knows about the transaction, it is deemed that the transaction has been registered.

4. Registration should be done in the correct registry. If it is a titled property, there is a

separate book for titled property. If it is a dealing with unregistered property, there is a
different book for unregistered land. If you register in a different book, there is no
registration that is valid as against third persons.
5. The constructive notice mentioned in PD1959 is conclusive.

6. There is a distinction with regard voluntary and involuntary dealings with the effectivity
of registration. With involuntary dealings, once there is entry in the day book and paid the
needed fees and taxes, the RD issues the new title and cancels the old one. Once there is
compliance, the transaction is considered registered. With voluntary dealings, entry in the
day book is insufficient.

7. Mere entry in the day book/primary book is sufficient. It is often times that owners don’t
want to surrender their owner’s duplicate.

8. Basically the procedure of registration for voluntary dealings can be categorized into
two—if it is an absolute sale or mortgage. If it is a sale, the deed of sale and title should be
submitted. There should also be proof of payment of real estate taxes as well as
registration fees and documentary stamp taxes. With that, the Registry of Deeds shall
make the corresponding entry that will cancel the old certificate of title and issue a new
one in favor of the buyer.

REAL ESTATE MORTGAGE

> Contract whereby the debtor secures to the creditor the fulfillment of a
principal obligation, specially substituting to such security immovable property or
real rights over immovable property which obligation shall be satisfied with the
proceeds of sale of said property or rights in case the said obligation is not complied with
at the time stipulated

ESSENTIAL REQUISITES OF A MORTGAGE

1. To secure the fulfillment of a principal obligation

2. The mortgagor should be the absolute owner of thing mortgaged

3. The mortgagor should have free disposal of the thing
4. When the principal obligation becomes due, the thing mortgaged may be
alienated to secure payment
5. For a mortgage to be validly constituted and to prejudice third persons, the
mortgage should be recorded with the Registry of Property

NO VALIDLY CONSTITUTED MORTGAGE IF THE DEED OF MORTGAGE

IS A MERE PRIVATE DOCUMENT

CHATTEL MORTGAGE: A chattel mortgage is a conditional sale of personal property as

security for the payment of a debt, or the performance of some other obligation specified
therein, the condition being that the sale shall be void upon the seller paying to the
purchaser a sum of money or doing some other act named. If the condition is performed
according to its terms the mortgage and sale immediately become void, and the
mortgagee is thereby divested of his title.

A chattel mortgage shall not be valid against any person except the mortgagor, his
executors or administrators, unless the possession of the property is delivered to and
retained by the mortgagee or unless the mortgage is recorded in the office of the register
of deeds of the province in which the mortgagor resides at the time of making the same, or,
if he resides without the Philippine Islands, in the province in which the property is situated:
Provided, however, That if the property is situated in a different province from that in which
the mortgagor resides, the mortgage shall be recorded in the office of the register of
deeds of both the province in which the mortgagor resides and that in which the property
is situated, and for the purposes of this Act the city of Manila shall be deemed to be a
province.

Sec. 5. Form. — A chattel mortgage shall be deemed to be sufficient when made

substantially in accordance with the following form, and shall be signed by the person or
persons executing the same, in the presence of two witnesses, who shall sign the
mortgage as witnesses to the execution thereof, and each mortgagor and mortgagee, or,
in the absence of the mortgagee, his agent or attorney, shall make and subscribe an
affidavit in substance as hereinafter set forth, which affidavit, signed by the parties to the
mortgage as above stated, and the certificate of the oath signed by the authority
administering the same, shall be appended to such mortgage and recorded therewith.
1. What is a condominium?

A condominium, according to the law, is an “interest in a real property consisting of a

separate interest in a unit in a residential, industrial, or commercial building and an
undivided interest in common, directly or indirectly, in the land in which it is located and in
other common areas of the building.”

In other words, a condominium is a building where sections of which can be owned

individually by a person or, in some cases, a corporation. This can be for either a
residential, industrial, or commercial purpose.

2. Who can own condominiums?

Filipino citizens and corporations can own condominiums. Foreigners, however, are
restricted to owning no more than 40 percent of the total and outstanding capital stock of a
corporation, which must be Filipino-owned and controlled. In addition to that restriction,
foreigners and foreign corporations are, by law, prohibited to own land.

3. Who can own condominium units?

Again, Filipino citizens and corporations can own condominium units. This time, however,
foreigners, by virtue of the Condominium Act, are allowed to purchase and acquire
condominium units.

4. What is my stake in a condominium?

As a unit owner, you are, in essence, a co-owner of the condominium, entitled to such
privileges and limited by such restrictions that may follow the title.

5. What forms part of a condominium unit?

Everything within the boundaries of your unit forms part of the same. According to the law,
the interior surfaces of the perimeter walls, floors, ceilings, windows, and doors form the
boundary of your unit. That is, of course, unless the master deed or the declaration of
restrictions prescribed by the condominium corporation or the administration stipulate
otherwise.

6. Am I allowed to alter anything beyond the boundaries of my unit?

Generally, no. However, if the administration allows such alteration or does not prohibit
the same, then you may be allowed to. A thorough read of the house rules or the contract
would be a good idea.

7. What does not form part of the condominium unit?

In most cases, areas that are not found inside the unit are deemed to be excluded from
the unit but the condominium law itself lists aspects of properties that generally do not
form part of the unit. To wit: “bearing walls, columns, floors, roofs, foundations, and other
common structural elements (e.g., lobbies, stairways, hallways, and other common areas),
elevator equipment and shafts, central heating, central refrigeration, and central
air-conditioning equipment, reservoirs, tanks, pumps, and other central services and
facilities, pipes, ducts, flutes, chutes, conduits, wires, and other utility installations,
wherever located.” An exception to the list are those outlets that are located within the
unit.

8. Can I freely sell my unit?

Yes. That is not prohibited in the condominium law. When you sell your unit, however, you
are not just selling the unit itself, you are also selling your interest in the common areas,
as well as your membership and shareholdings in the condominium corporation.
9. Can I freely sell my condominium?

Not exactly. Selling a unit may be simple, but selling a condominium is restricted by
certain rules under the Condominium Act. One of such restrictions is the ownership
requirement. For condominiums where the common areas are co-owned by the owners of
the units, the law requires that the purchaser be either a Filipino citizen or corporation—a
corporation that is at least 60 percent owned and controlled by Filipinos. For
condominiums owned by corporations, the sale will be deemed invalid if such a sale would
result in the foreign interest in the corporation exceeding the limits prescribed by law,
which in this case, is 40 percent. In other words, in both cases, the foreign ownership in
the purchasing corporation cannot exceed 40 percent, otherwise, the sale would be
invalid.

10. Can I mortgage my unit for a loan?

Yes. The condominium law states that “each condominium owner shall have the exclusive
right to mortgage, pledge, or encumber his condominium and to have the same appraised
independently of the other condominium owner is personal to him.”

11. Can the condominium corporation sell the condominium without my consent?

As a general rule, it can. However, if the master deed contains a requirement that the
property should first be offered to the other condominium owners within a reasonable time
before offering it to third parties, then it may not.

Another restriction, however, is one that has been amended to the Corporation Code by
Republic Act No. 7899, which states that, as an owner, you shall not sell, exchange, lease,
or otherwise dispose of the common areas of a condominium without the approval of the
simple majority of the registered owners, subject as well, to the approval of the Housing
and Land Use Regulatory Board (HLURB).

12. The Condominium Act stipulates that the owners can sell the condominium after 50
years. Does that mean that I will not have any say in the sale?

No, that is not the case. Upon turnover of the unit to you, you become a member of the
corporation that owns the condominium. Hence, your concurrence or dissent on the
matter will count. If, however, it has been decided that the building shall be sold, then you
will be compensated for your appropriate share from the proceeds of the sale.

13. Who owns the common areas in a condominium?

Generally, titles to the common areas are held by a corporation formed for the purpose.
However, the condominium law also states that the common areas are held in common by
the unitholders, in equal share for each unit.

14. What are my rights as a condominium unit owner?

Aside from those already mentioned, the only other right you have as a unit owner is the
right to renovate your unit, for as long as all renovations are done within the boundaries of
your unit. All restrictions on your rights and activities are those that are stipulated in the
declaration of restrictions or on the contract you signed upon the turnover of the unit to
you.

15. I own a condominium building, and I want to amend or revoke the master deed. May I
do so without reservation?

No. The Condominium Act states that you can only do this upon the registration of an
instrument (a formal legal document) executed by a simple majority of the registered
owners of the property. In this case, a simple majority could mean either of the two: a
majority based on per-unit ownership or a majority based on the floor area of ownership.

For condominiums used for either residential or commercial purposes, the former would
apply, while if it is for a mix of both purposes, it is the latter. This requirement also
stipulates that the registered owners must be notified in advance. Evidence of a vote of a
simple majority must also be submitted to the HLURB.