Section 2. Nature of registration proceedings; jurisdiction of courts.
Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system. Courts of First Instance 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 applications 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 days from the filing or issuance thereof.
In Voluntary Dealings with Registered Land
Section 53. Presentation of owner's duplicate upon entry of new certificate. No voluntary instrument shall be registered by the Register of Deeds, unless the owner's duplicate certificate is presented with such instrument, except in cases expressly provided for in this Decree or upon order of the court, for cause shown. The production of the owner's duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument, and the new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith. Section 80. Execution of deed by virtue of judgment. Every court rendering judgment in favor of the plaintiff affecting registered land shall, upon petition of said plaintiff, order and parties before it to execute for registration any deed or instrument necessary to give effect to the judgment, and shall require the registered owner to deliver his duplicate certificate to the plaintiff or to the Register of Deeds to be canceled or to have a memorandum annotated upon it. In case the person required to execute any deed or other instrument necessary to give effect to the judgment is absent from the Philippines, or is a minor, or insane, or for any reason not amenable to the process of the court rendering the judgment, said court may appoint a suitable person as trustee to execute such instrument which, when executed, shall be entitled to registration.
JURISPRUDENCE ON AUTHORITY OF THE COURT:
G.R. No. 201821. September 19, 2018 PABLO B. MALABANAN, VS. REPUBLIC OF THE PHILIPPINES. The RTC may properly take cognizance of reversion suits which do not call for an annulment of judgment of the RTC acting as a Land Registration Court. Actions for cancellation of title and reversion, like the present case, belong to the class of cases that "involve the title to, or possession of, real property, or any interest therein" and where the assessed value of the property exceeds P20,000.00, fall under the jurisdiction of the RTC. Consequently, no grave abuse of discretion excess of jurisdiction can be attributed to the RTC in denying RCAM's motion to dismiss REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CLARO YAP, RESPONDENT. G.R. No. 231116. February 07, 2018 Case before the RTC: Petition for Registration of a parcel of land RTC Ruling: Granted the petition and ordered the Register of Deeds to cancel and order a new Certificate of Title. CA ‘s Ruling: Affirmed the RTC Issue: Was the RTC correct in cancelling and ordering a new Decree, and the issuance of Original Certificate of Title. HELD: Again, we invite you back to the highlighted provision of Section 39 of PD 1529 which states that: "The original certificate of title shall be a true copy of the decree of registration." This provision is significant because it contemplates an OCT which is an exact replica of the decree. If the old decree will not be canceled and no new decree issued, the corresponding OCT issued today will bear the signature of the present Administrator while the decree upon which it was based shall bear the signature of the past Administrator. This is not consistent with the clear intention of the law which states that the OCT shall be true copy of the decree of registration. Ostensibly, therefore, the cancellation of the old decree and the issuance of a new one is necessary We also find no merit in the above contention. There is nothing in the law that limits the period within which the court may order or issue a decree. The reason is what is stated in the consideration of the second assignment error, that the judgment is merely declaratory in character and does not need to be asserted or enforced against the adverse party. Furthermore, the issuance of a decree is a ministerial duty both of the judge and of the Land Registration Commission; failure of the court or of the clerk to issue the decree for the reason that no motion therefore has been filed cannot prejudice the owner, or the person in whom the land is ordered to be registered.