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V. Subsequent Registration
A. Voluntary dealings B. Involuntary dealings
SUBSEQUENT REGISTRATION refers to incidental matters arising after original registration. Dealings subsequent to original registration may be VOLUNTARY or INVOLUNTARY.
RULES AS TO THE NECESSITY AND EFFECTS OF REGISTRATION IN GENERAL Except a will that purports to convey or affect registered land. or lease or other voluntary documents serve 2 purposes: As a contract between the parties thereto. mortgage. the mere execution of the deeds of sale. and As evidence of authority to the ROD to register such documents It is only the act of registering the instrument in the ROD of the province or city where the land lies which is the operative act which conveys ownership or affects the land insofar as third persons are concerned. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process. .
and such instruments which are not the willful acts of the registered owner and which may have been executed without his knowledge or consent . orders or processes issued by a court affecting registered land.DISTINCTIONS VOLUNTARY INVOLUNTARY Refer to deeds. instruments. which by law should be registered to be effective. or documents which are the results of the free and voluntary acts of the parties thereto Refer to such writs.
VOLUNTARY INCLUDES: • Sale • Real property mortgage • Lease • Pacto de retro sale • Extra-judicial settlement • Free patent/homestead • Powers of attorney • Trusts INVOLUNTARY • Attachment • Injunction • Mandamus • Sale on execution of judgment • Sales for taxes • Adverse claims • Notice of lis pendens • Eminent Domain .
VOLUNTARY An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owner’s duplicate certificate of title covering the land sold and pays the registration fees INVOLUNTARY Entry thereof in book of the ROD sufficient notice persons even if the duplicate certificate is not presented ROD the day may be to all owner’s of title to the .
the voluntary transaction is deemed registered and it would affect third parties. Registration is effective once the ODCT is submitted with the payment of fees. Once it is registered in the DAY BOOK and is annotated behind the title.VOLUNTARY There is a need to present title to record the deed in the registry and to make memorandum on the title. INVOLUNTARY No presentation required. . Registration for involuntary transactions is effective once it is entered in the day book of the Register of Deeds. annotation in entry book is sufficient.
note in such book the date. in the order of their reception. when made on the certificate of title to which it refers. shall bear the same date. Primary Entry Book Each Register of Deeds shall keep a primary entry book in which. He shall. hour and minute of reception of all instruments. in the order in which they were received. so filed with the Register of Deeds shall be numbered and indexed and endorsed with a reference to the proper certificate of title. They shall be regarded as registered from the time so noted. All records and papers relative to registered land in the office of the Register of Deeds shall be open to the public in the same manner as court records. he shall enter. as a preliminary process in registration. Every deed or other instrument. . all instruments including copies of writs and processes filed with him relating to registered land. subject to such reasonable regulations. upon payment of the entry fee. PRIMARY ENTRY BOOK Section 56. and the memorandum of each instrument. whether voluntary or involuntary.
but shall operate only as a contract between the parties and as evidence of authority to the Register of Deeds to make registration. He may use such forms of deeds. except a will purporting to convey or affect registered land. shall take effect as a conveyance or bind the land. But no deed. mortgage. charge or otherwise deal with the same in accordance with existing laws. An owner of registered land may convey.VOLUNTARY DEALINGS Section 51. mortgages. Conveyance and other dealings by registered owner. lease. mortgage. leases or other voluntary instruments as are sufficient in law. . lease. or other voluntary instrument.
The ACT OF REGISTRATION shall be the operative act to convey or affect the land insofar as third persons are concerned. . the registration shall be made in the office of the Register of Deeds for the province or city where the land lies. and in all cases under this Decree.
One such instance is where the certificate of title was already transferred from the name of the true owner to the forger. .FORGED DEEDS Although. the land was subsequently sold to an innocent purchaser (FULE versus LEGARE. 7 SCRA 351 ). generally. and while it remained that way. there are instances where such a fraudulent document may become the root of a valid title. a forged or fraudulent deed is a nullity and conveys no title. however.
It examines the comparative negligence of the parties.CHAIN OF TITLE THEORY The Chain of Title Theory is an approach to determining validity of title where forged deeds are involved. .
because the forged deed does not give any rights to Kim. As a result. Kim presents the forged deed and ODCT to the Register of Deeds. the Register of Deeds cancelled Bianca's title and issues a new title to Kim. Kim forges the deed of sale making it appear that Bianca sold the land to her. Bianca migrates to the US and leaves the title to Kim. Can Bianca recover the title from Kim? YES. Assuming that Bianca comes back and finds out the forgery and subsequent sale. EXAMPLE 1: Suppose Bianca owns a piece of land and she has a certificate of title. .
As between Bianca and Maja. EXAMPLE 2: Taking into consideration the facts in EXAMPLE 1. Maja is not negligent since she is not aware of what happened. . The one who is negligent here is Bianca for entrusting her title to Kim. Can Bianca recover from Maja? NO. Maja successfully obtains a title in her name. Kim now sells the land to another person Maja. Maja now registers the land presenting the TCT and the Deed of Sale to the Register of Deeds. because in the meantime an innocent purchaser for value was able to get title to the property. Bianca comes back and finds out.
Since Maja is negligent. She lost title because of a fortuitous event. The thief goes to the province and claims that she is Bianca and sells Bianca's title to Maja. Maja is negligent since she failed to ascertain the identity of Kim. One night. Can Bianca file an action for reconveyance against Maja? YES. Note that Maja has the duty to ascertain the identity of the seller and/or the owner. Kim here. she cannot be considered as an innocent purchaser for value. forges the signature of Bianca. Bianca is not negligent in this case. . Later on Bianca. EXAMPLE 3: Bianca has title over a parcel of land. traces the title and goes after Maja. Maja registers the property with the forged deed and the genuine title and successfully obtains a title in her name. a thief Kim steals Bianca's title.
Maja is transacting with the right person because it appears in the title that the owner is already Kim. Kim obtains title. Maja would be preferred. Suppose that Maja obtains a title by the Deed of Sale between Kim and Maja and the title obtained by Kim from the Register of Deed. Maja is not aware that Kim forged the deed of sale between her and Bianca. In this case. neither was she negligent. Maja is not aware. EXAMPLE 4: Suppose Kim steals the title from Bianca. In this case. Bianca is also not negligent since it was stolen from she. Kim later on sells the property to Maja. then Kim forges the deed making it appear that Bianca has sold the property to her. . In the Torrens System.
The chain of title theory is not applicable where the transferee of the forger is not an innocent purchaser for value and in good faith. The chain of title theory is applicable only in case a forged deed becomes the basis for the issuance of a certificate of title. .
who bought the land relying on A's title. and then sold the land to B. however. giving 1/2 of each harvest to A in partial payment of their loan to the latter. It was only then that the spouses X and Y learned that their land had been titled in B's name. forged a deed of sale of the aforesaid land in favor of himself. May said spouses file an action for reconveyance of the land in question against b? Reason. got a TCT in his name. and who thereafter also got a TCT in his name. but they continued to possess and cultivate the land. A. (5%) . delivering as well the OCT to the latter.BAR QUESTION 1999 The spouses X and Y mortgaged a piece of registered land to A. without the knowledge of X and Y.
The action of X and Y against B for reconveyance of the land will not prosper because B has acquired a clean title to the property being an innocent purchaser for value. . This is the "mirror principle” of the Torrens system which makes it possible for a forged deed to be the root of a good title. The act that the forged deed was registered and a certificate of title was issued in his name. Between them and the innocent purchaser for value. A forged deed is an absolute nullity and conveys no title. Besides. once the title to the land is registered in the name of the forger and title to the land thereafter falls into the hands of an innocent purchaser for value. A buyer of a registered land is not required to explore beyond what the record in the registry of title indicates on its face in quest for any hidden defect or inchoate right which may subsequently defeat his right thereto. the latter acquires a clean title thereto. However. did not operate to vest upon an ownership over the property of X and Y. it appears that spouses X and Y are guilty of contributory negligence when they delivered this OCT to the mortgagee without annotating the mortgage thereon. they should bear the loss. The registration of the forged deed will not cure the infirmity.
REQUIREMENT FOR VOLUNTARY DEALINGS Section 53. No voluntary instrument shall be registered by the Register of Deeds. Presentation of owner's duplicate upon entry of new certificate. and the new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under him. except in cases expressly provided for in this Decree or upon order of the court. in favor of every purchaser for value and in good faith. for cause shown. unless the owner's duplicate certificate is presented with such instrument. 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.
Note upon the original and duplicate certificate the date of transfer. The deed of conveyance shall be filed and indorsed with the number and the place of registration of the certificate of title of the land conveyed. the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate.FULL CONVEYANCE OF OWNERSHIP Under Section 57. The Register of Deeds shall thereafter: Make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. Stamp as "canceled" the original and the grantor's duplicate certificate of title. . an owner desiring to convey his registered land in fee simple (FULL OWNERSHIP) shall execute and register a deed of conveyance in a form sufficient in law (PUBLIC INSTRUMENT).
CONVEYANCES OF PORTIONS ONLY
Under Section 58, if a deed or conveyance is for a part only of the land described in a certificate of title, the Register of Deeds shall not enter any transfer certificate to the grantee until a subdivision plan of such land showing all the subdivided portions or lots and the corresponding technical descriptions shall have been verified and approved pursuant to Section 50; In the meantime, such deed may only be annotated by way of memorandum upon the grantor's certificate of title, original and duplicate. Said memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed;
Upon the approval of the plan and technical descriptions, the original of the plan, together with a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title and thereupon said officer shall:
Issue a new certificate of title to the grantee for the portion conveyed, and at the same time cancel the grantor's certificate partially with respect only to said portion conveyed; or If the grantor desires, his certificate may be canceled totally and a new one issued to him describing therein the remaining portion; or If also desired by the grantor, instead of canceling the his certificate and issuing a new one for the remaining unconveyed lots, the ROD may enter the certificate a memorandum of the deed of conveyance and of the issuance of the transfer certificate to the grantee for the lot or lots thus conveyed, and that the grantor's certificate is canceled as to such lot or lots.
Section 59. Carry over of encumbrances. If, at the time of any transfer, subsisting encumbrances or annotations appear in the registration book, they shall be carried over and stated in the new certificate or certificates; except so far as they may be simultaneously released or discharged.
REGISTRATION OF CONVEYANCES SUMMARY OF PROCEDURE File the instrument creating or transferring the interest and the certificate of title with ROD. Payment of fees and documentary stamp tax. Document of transfer: 1 additional copy for city/provincial assessor ROD shall make a memorandum on the Owner’s duplicate certificate of title. including: Owner’s duplicate. Issuance of the TCT. . Evidence of full payment of real estate tax. signed by him.
The cancellation or extinguishment of such interests shall be registered in the same manner. Dealings less than ownership. and signed by him. .DEALINGS LESS THAN OWNERSHIP Section 54. A similar memorandum shall also be made on the owner's duplicate. All interests in registered land less than ownership shall be registered by filing with the Register of Deeds the instrument which creates or transfers or claims such interests and by a brief memorandum thereof made by the Register of Deeds upon the certificate of title. how registered. No new certificate shall be entered or issued pursuant to any instrument which does not divest the ownership or title from the owner or from the transferee of the registered owners.
COMPARATIVE PROCEDURE SUMMARY Conveyance Of Ownership Conveyance of Less than Ownership Basis Execution of a public instrument and its registration with the ROD where the land is situated Presentation Requires the presentation of the duplicate requirement certificate .
the ROD cancels the original and the owner’s duplicate certificate. The ROD merely makes a memorandum on the original and the owner’s duplicate certificate . the ROD may cancel or merely make a memorandum on the original and the owner’s duplicate certificate. IF conveyance is for a PORTION only.Conveyance Of Ownership Conveyance of Less than Ownership Action of ROD on original title IF FULL ownership is conveyed.
Conveyance Of Ownership Conveyance of Less than Ownership New titles issued If full ownership is conveyed. If only a portion is conveyed. there may be the issuance of a TCT to the grantee depending on the time and choice of the parties. . the grantee is issued his own certificate of title after the owner’s title is cancelled. No new certificate shall be entered or issued pursuant to any instrument which does not divest the ownership or title from the owner.
A mortgage or lease on registered land may be discharge or canceled by means of an instrument executed by the mortgage or lessee in a form sufficient in law. CONSTRUCTIVE NOTICE of his interest in the property to the whole world.REAL MORTGAGES EFFECT OF REGISTRATION Creates a LIEN that attaches to the property in favor of the mortgagee. EFFECT OF FAILURE TO REGISTER Valid between parties but void against 3rd persons Actual knowledge has the same effect as registration CANCELLATION OF MORTGAGE. . which shall be filed with the Register of Deeds who shall make the appropriate memorandum upon the certificate of title.
REGISTRATION OF LEASE It is the lessee. etc. NOTE: When there is prohibition in mortgaged property as regards subsequent conveyances. . leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION OF LEASE Creates a real right but without prejudice to rights of 3rd persons. If it is not registered.. it is valid as between parties but not to 3rd persons without notice. not the lessor. who is required to initiate the registration.
Power of attorney.REGISTRATION OF POWERS OF ATTORNEY Section 64. . convey or otherwise deal with registered land and the same shall be registered with the Register of Deeds of the province or city where the land lies. Any instrument revoking such power of attorney shall be registered in like manner. Any person may. by power of attorney.
or upon any equitable condition or limitation expressed therein. If a deed or other instrument is filed in order to transfer registered land in trust. or to create or declare a trust or other equitable interests in such land without transfer.REGISTRATION OF TRUST EXPRESS TRUST: Section 65. and by a reference by number to the instrument authorizing or creating the same. limitation or other equitable interest shall not be entered on the certificate. . or other apt words. the particulars of the trust. but only a memorandum thereof shall be entered by the words "in trust". condition. or "upon condition". Trusts in registered land. A similar memorandum shall be made upon the original instrument creating or declaring the trust or other equitable interest with a reference by number to the certificate of title to which it relates and to the volume and page in the registration book in which it is registered.
how established. trusts. the name of the registered owner and a reference to the number of the certificate of title. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement thereof containing a description of the land. . Such claim shall not affect the title of a purchaser for value and in good faith before its registration. Implied. IMPLIED TRUST: Section 68.
and undue influence. upon proof taken and filed. and that the testator at the time of its execution was of sound and disposing mind. the proper procedure will be to file a petition for allowance of a will (probate proceedings). If a person dies with a will. menace. that the will was duly executed. The will and certificate will be filed and recorded by the clerk of court. and not acting under duress. a certificate of its allowance. signed by the judge. Attested copies of the will devising real estate and of certificate of allowance thereof. Under Rule 76. or fraud. . if the court is satisfied. and attested by the seal of the court shall be attached to the will.SETTLEMENT AND PARTITIONS OF ESTATE A person may die testate or intestate. shall be recorded in the Register of Deeds of the province in which the lands lie.
charge or otherwise deal with the land pursuant to the power in like manner as if he were registered owner. When executor empowered by will to sell. etc. subject to the terms and conditions and limitations expressed in the will. such executor may sell. convey. charge or otherwise deal with the land. . or an interest therein. encumber. a certified copy of the will and letters testamentary being filed as provided in this Decree.DEALINGS BY EXECUTOR OR ADMINISTRATOR If allowed by the will: Section 90. encumber. convey. empowers the executor to sell. When the will of a deceased owner of registered lands.
Dealings by administering subject to court approval. If not allowed by the will: Section 88. After a memorandum of the will. and letters testamentary or letters of administration have been entered upon the certificate of title as hereinabove provided. upon approval of the court obtained as provided by the Rules of Court. or any interest therein. if any. and order allowing the same. the executor or administrator may alienate or encumber registered land belonging to the estate. .
he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the Register of Deeds.EXTRAJUDICIAL SETTLEMENT OF ESTATE In essence. In the case of disagreement among the heirs. If there is only one heir. the parties may. without securing letters of administration. extrajudicial settlements of estate are not conveyances of property but mere assignments of property among heirs called to succeed the estate of a deceased person. they may settle the estate in an ordinary action of partition. if the decedent left no will and no debts and the heirs are all of age. Thus. or the minors are duly represented by their guardians. The fact of the extrajudicial settlement or adjudication shall be published in a newspaper of general circulation once a week for three (3) consecutive weeks. . divide the estate among themselves as they see fit by means of a public instrument filed with the Register of Deeds. The procedure is governed by Rule 74.
such real estate shall remain charged with a liability to creditors. or that an heir or other person has been unduly deprived of his lawful participation payable in money. the Register of Deeds shall annotate on the proper title the two-year lien mentioned in Section 4 of Rule 74 of the Rules of Court. heirs. when a deed of extrajudicial settlement has been duly registered. . within the same time of two (2) years. – XXX If.LIEN UNDER RULE 74 Under Section 86 of PD 1529. 4. Liability of distributees and estate. it shall appear that there are debts outstanding against the estate which have not been paid. or other persons for the full period of two (2) years after such distribution. notwithstanding any transfers of real estate that may have been made. Sec.
devisees or legatees or any other party in interest that no claim or claims of any creditor. No extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof. the Register of Deeds shall cancel the two-year lien noted on the title without the necessity of a court order. The verified petition shall be entered in the Primary Entry Book and a memorandum thereof made on the title. Upon the expiration of the two-year period and presentation of a verified petition by the registered heirs. heir or other person exist. .
A certified copy of the partition and distribution. new certificates of title shall be issued to the parties severally entitled thereto in accordance with the approved partition and distribution. etc. supported by evidence of payment of estate tax or exemption therefrom. Registration of final distribution of estate. COMMON PUBLICATION REQUIREMENT No deed of extrajudicial settlement or affidavit of adjudication shall be registered unless the fact of extrajudicial settlement or adjudication is published once a week for three consecutive weeks in a newspaper of general circulation in the province and proof thereof is filed with the Register of Deeds. as the case may be. and upon the presentation of the owner's duplicate certificate of title. or a copy of each week's issue of the newspaper wherein the publication appeared. The proof may consist of the certification of the publisher. shall be filed with the Register of Deeds. . ISSUANCE OF TITLE TO HEIRS Section 92. together with the final judgment or order of the court approving the same or otherwise making final distribution.
. Involuntary dealings may even be against the will of the registered owner.INVOLUNTARY DEALINGS Involuntary dealings are transactions affecting land in which cooperation of registered owner is not needed.
It is a mesne process. Levy on execution.ATTACHMENT A writ issued at the institution or during progress of an action commanding the sheriff to attach the property. rights. . credits or effects of the defendant to satisfy demands of the plaintiff. Garnishment. The kinds of attachment are: Preliminary. liable to be dissolved at any time and the judgment upon which may or may not affect the property seized.
after notice. notation in book of entry of Register of Deeds produces effect of registration already. Although notice of attachment is not noted in duplicate. shall enter an order to owner to surrender certificate at time and place to be named therein. containing the number of the certificate of title to be affected Register of Deeds will index attachment in the names of both plaintiff and defendant or the name of a person whom property is held or in whose name stands in the records If duplicate of certificate of title is not presented: Register of Deeds shall within 36 hours. The court. send notice to registered owner by mail stating that there has been registration and requesting him to produce duplicate so that memorandum be made. If owner neglects or refuses – Register of Deeds shall report matter to court. .REGISTRATION OF ATTACHMENT Copy of writ in order may be filed with Register of Deeds where land lies.
The attachment has priority over execution sale. .EFFECTS OF REGISTRATION OF ATTACHMENT Creates a real right over the property. actual knowledge of the property owner is same as registration. one that is earlier in registration is preferred. If not registered. between two attachments. However.
69 Phil. Any interest which defendant has or might have in property may be attached even if said interest be indeterminate because of the pendency of the liquidation estate of his decedent (PACIFIC COMMERCIAL versus GEAGA. 64) . except: If the Defendant is an heir.DUTY OF REGISTER OF DEEDS Basically MINISTERIAL but may refuse registration in following cases: Title to land is not in the name of defendant. No evidence is submitted to show that the Defendant has a present or possible future interest in land.
etc.HOW DISSOLVED Section 72. . of attachments. etc. discharge or dissolution thereof the certificate or other instrument for that purpose shall be registered with the Register of Deeds. reduced. reduction. and to give effect to the continuance. discharged and dissolved by any method sufficient in law. Attachments and liens of every description upon registered land shall be continued. Dissolution.
ATTACHMENT MAY BE ON: EXECUTION SALE To enforce a lien of any description on registered land. any execution or affidavit to enforce such lien shall be filed with Register of Deeds where land lies Register in registration book and memorandum upon proper certificate of title as adverse claim or as an encumbrance To determine preferential rights between 2 liens: priority of registration of attachment .
TAX SALE Sale of land for collection of delinquent taxes and penalties due the government IN PERSONAM (all persons interested shall be notified so that they are given opportunity to be heard) Notice to be given to delinquent tax payer at his last known address Publication of notice must also be made and posted in a public and conspicuous place wherein property is situated and at the main entrance of provincial building Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed Tax lien is superior to ordinary attachment. .
liability therefor creates “liens. if unpaid. claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record.” However.REGISTRATION OF TAX LIEN There is no need to register tax lien because it is automatically registered once the tax accrues. As to other taxes. the sale of registered land to foreclose a tax lien needs to be registered. creates a statutory lien on the property pursuant to Section 44 of PD 1529. Real estate taxes. .
PROCEDURE OF REGISTRATION OF TAX SALE Officer’s return shall be submitted to Register of Deeds together with duplicate title Register in registration book Memorandum shall be entered in certificate as an adverse claim or encumbrance After period of redemption has expired and no redemption (2 years from registration of auction sale). the owner’s title is cancelled and a new one is issued to the buyer. notice shall be sent to registered owner directing him to surrender his title and to show cause why it should not be cancelled. . Before cancellation.
COMMON POINTS: ATTACHMENTS AND LIENS The surrender of the duplicate certificate is still required. after report of such fact from the Register of Deeds. the court. If property is sold on execution after the attachments or liens are found meritorious and proper. If the owner still refuses. instrument or process dissolving the attachments or liens must also be registered. the court may enforce the order by suitable process. as much as possible. the Register of Deeds directs him to produce it. The order. instruments or processes that allowed the sale must also be registered. If the owner refuses. . the orders. Attachments and liens are all required to be registered. except tax liens. will issue an order to produce the certificate. If the owner does not comply.
This can be done if the claimant has a claim of real right on the property itself. and to put the public to notice about the claim. it is still effective.ADVERSE CLAIM A NOTICE OF ADVERSE CLAIM is a sworn statement that is filed with the Register of Deeds in order to protect the rights of the adverse claimant. if the notice of adverse claim has not yet been cancelled by a petition. even after the 30-day period has lapsed. EFFECTIVITY. HOWEVER. In PD 1529. it is stated that a notice of adverse claim is effective only for a 30-day period. new decisions of the Supreme Court have stated that. .
(2) upon due notice and hearing. provided that (1) a petition for cancellation was filed. once there has been an order to cancel the adverse claim. the notice of adverse claim loses its effect. . there are no innocent purchasers for value (since it is deemed that they have notice of such a claim). However.EFFECT As long as the notice of adverse claim is in effect.
As such it creates merely a contingency and not a lien on the property subject to litigation. .REGISTRATION OF LIS PENDENS The purpose of a notice of lis pendens (pending litigation) is to keep the subject matter within the power of the court until the entry of final judgment.
Note that mere registration of the notice is sufficient even if the duplicate certificate is not surrendered. . the purchaser will still be subject to final outcome of pending suit and secures title subject to the contingency. The Register of Deeds is duty bound to carry over the notice of lis pendens on all new titles to be issued.EFFECTS OF REGISTRATION While the property may be alienated.
. It is also deemed cancelled upon the registration of a certificate of the clerk of court stating the manner of disposal of the proceeding. Register of Deeds may also cancel the notice of lis pendens by a verified petition of the party who caused such registration. the court may order cancellation after showing that the notice was only for the purpose of molesting an adverse party or it is not necessary to protect rights of party who caused it to be registered. CANCELLATION OF LIS PENDENS Before final judgment.
the particular property or interest expropriated. the National Government. a new certificate shall be issued in favor of the National Government. by an adequate description. province. municipality. or any other agency or instrumentality exercising such right for the land so taken. city. province. city. . Whenever any registered land. or interest therein. A memorandum of the right or interest taken shall be made on each certificate of title by the Register of Deeds. The legal expenses incident to the memorandum of registration or issuances incident to the memorandum of registration or issuance of a new certificate shall be for the account of the authority taking the land or interest therein.OTHERS INSOLVENCY (See Sections 83 and 84) EMINENT DOMAIN Section 85. municipality. and where the fee simple title is taken. Land taken by eminent domain. is expropriated or taken by eminent domain. or any other agency or instrumentality exercising such right shall file for registration in the proper Registry a certified copy of the judgment which shall state definitely. the number of the certificate of title. and the nature of the public use.
With these rules. the classification or reclassification of public lands into alienable or disposable. mineral.UNREGISTRABLE PROPERTIES BUREAU OF FORESTRY versus CA 53 SCRA 351 (1987) As provided for under Sec. there should be no more room for doubt that it is not the court which determines the classification of lands of the public domain into agricultural. or forest lands is now a prerogative of the Executive Department of the government and not the courts. . 6 of CA 141. through the Office of the President. forest or mineral but the Executive Branch of the government. which was lifted from Act 2874.
REPUBLIC versus HEIRS OF ALEJAGA 393 SCRA 361 (2002) The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means.REPUBLIC versus VERA 120 SCRA 210 (1983) A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens system. .
was issued by former President Carlos Garcia. 156951 & 173408. Several presidential proclamations would later be issued excluding certain defined areas from the operation of Proclamation 423. 15084 in SHAI’s name as well as the title acquired by the Navy Officer’s Village Association (NOVA) over a bigger parcel of land within the reservation. The TCT was issued by the Rizal Registry on the basis of a notarized deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. What is mainly sought to be declared as a nullity in this petition is the title over the parcels of land that are referred to as JUSMAG housing are in Fort Bonifacio being occupied by active and retired military officers and their families. a non-stock corporation consisting mostly of wives of military officers. No.REPUBLIC versus SOUTHSIDE HOMEOWNERS G. JUSMAG area. was able to secure title in its name over the bulk. In 1993. if not the entire. reported land scams at the FBMR and also finding that the signature of Palad was forged. 2006 Proclamation No 423. which established a military reservation known as Fort William McKinley – later renamed Fort Bonifacio Military Reservation. The investigation conducted by the DOJ.R. September 22. SHAI. however. . then President Ramos ordered the OSG to institute an action towards the cancellation of TCT No. Areas specified in the Proclamation were withdrawn from sales and settlements and were reserved for military purposes.
the Court upheld the contention of the Republic that the JUSMAG area is inalienable. its status as part of a military reservation remains. . The whole conveyance process was also suspicious since the whole process was accomplished only in one day. the same having not effectively been separated from the military reservation and declared as alienable and disposable. SHAI had not pointed to any proclamation or legislative act for that matter segregating the property from the reservation and classifying the same as alienable lands of public domain. Until a given parcel of land is released from its classification as part of the military reservation zone and reclassified by law or by presidential proclamation as disposable and alienable. As regards the issue of inalienability. the Constitution also forbids private corporations from acquiring any kind of alienable public land except through lease for a limited period. even if incidentally it is devoted for a purpose other than as a military camp or for defense. Furthermore.
only the instrument of conveyance is registered.DEALINGS WITH UNREGISTERED LANDS For unregistered lands. . for dealings in unregistered lands. such lands cannot yet be or have not yet been registered under the Torrens system. we still follow the deeds registration system because. for some reason or another. Thus.
The reason for the inclusion of those lands is Presidential Decree No. . 1976. 892. but the obligations imposed by law were not fulfilled by the grantees. Unregistered lands under PD 27. WHAT ARE DEEMED UNREGISTERED LANDS? Those lands that are not registered under the Torrens system. which discontinued the Spanish mortgage system of registration and of the use of Spanish titles as evidence in land registration proceedings. promulgated on February 16. which declared tenants-farmers as owners of certain portions of the land they till. Those lands originally registered under the Spanish Mortgage Law.
or other voluntary instrument affecting land not registered under the Torrens system shall be valid. .STATEMENT OF THE RULE No deed. mortgage. conveyance. in the office of the Register of Deeds for the province or city where the land lies. in the manner prescribed under Section 113 of PD 1529. lease. unless such instrument shall have been recorded. except as between the parties thereto.
The opening paragraph of Section 113 declares. . adverse claim and other instruments in the nature of involuntary dealings with respect to unregistered lands. such as sheriff’s deeds.WHAT DEALINGS ARE COVERED? Both voluntary (Section 113) and involuntary dealings are covered. notice of lis pendens. Tax sale. This provision cannot be interpreted to include conveyances made by ministerial officers. shall likewise be admissible to record under this section (Section 113(d)). until such instrument or deed shall have been registered in the manner prescribed therein. that no instrument or deed affecting rights to real property not registered under the Torrens system shall be valid except as between the parties thereto. in substance. attachment and levy. if made in the form sufficient in law. It contemplates only instruments as may be created through agreement between parties.
If the Register of Deeds finds the same to be in order. The primary entry book shall contain an entry number. The interested party shall present the instrument to the Register of Deeds. names of parties. the Register of Deeds will refuse registration in writing and cite the reason for his refusal. hour and minute it was presented. If found defective. . and the date. nature of the document.HOW IS RECORDING MADE? The Register of Deeds shall keep a primary entry book and a registration book. he will cause the same to be registered.
the Register of Deeds shall endorse on the original of the instrument the file number and the date as well as the hour and minute when the instrument is received. The recording shall be effected by annotating on the registration book after the same shall have been entered in the primary entry book. After recording. . returning to the registrant the duplicate of the instrument with a certification that he has recorded the same.
Where the instrument is denied registration. . he may. setting forth the defects of the instrument or legal grounds relied upon. without withdrawing the documents from the Registry. when the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed.REFUSAL OF REGISTRATION Under Section 117. the question shall be submitted to the Commissioner of Land Registration by the Register of Deeds. mortgage or other instrument presented to him for registration. and advising him that if he is not agreeable to such ruling. elevate the matter by consulta within five days from receipt of notice of the denial of registration to the Commissioner of Land Registration. the Register of Deeds shall notify the interested party in writing.
In this sense. .RECORDING IS WITHOUT PREJUDICE TO A THIRD PERSON WITH BETTER RIGHT The registration of an instrument affecting unregistered land binds third persons after registration but yields to third persons with better rights acquired prior to registration. the reason being no strict investigation is involved under this process. registration has a limited barring effect.
and the same shall henceforth be considered registered lands. as amended.UNDER PD 266 After the tenant-farmer shall have fully complied with the requirements for a grant of title under Presidential Decree No. shall forthwith bring the land under the operation of Act 496 (Public Land Act). after the entry of the patent and/or grant in the corresponding registration book. If the patent or grant affects unregistered lands previously recorded under Section one. . an Emancipation Patent and/or Grant shall be issued by the Department of Agrarian Reform on the basis of a duly approved survey plan. to enter an original certificate of title for such registered land. the filing of the Emancipation Patent and/or Grant with the Register of Deeds for the province or city where the land is situated. It shall thus be the duty of the Register of Deeds. 27. and issue an owner's duplicate certificate to the grantee.