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Steps in chronological order

of registration of Title to land


under PD 1529
12. SENDING OF COPY OF THE DECREE OF
REGISTRATION TO CORRESPONDING ROD BY THE LRA
Reporters:
Pacatang, Kenn C.
Pangapalan, Jeanie
11. Entry of the decree of registration in the LRA.
12. Sending of copy of the decree of registration to corresponding
ROD by the LRA
13. Transcription of the decree of registration in the registration book
and the issuance of the owner’s duplicate certificate of the original
certificate of title to the applicant by the ROD upon payment of the
prescribed fees.
SEC. 39. Preparation of decree and
Certificate of Title.
After the judgment directing the registration of title to land has
become final, the court shall, within fifteen days from entry of
judgment, issue an order directing the Commissioner to issue the
corresponding decree of registration and certificate of title. The clerk
of court shall send, within fifteen days from entry of judgment,
certified copies of the judgment and of the order of the court
directing the Commissioner to issue the corresponding decree of
registration and certificate of title, and a certificate stating that the
decision has not been amended, reconsidered, nor appealed, and has
become final.
Cont.
Thereupon, the Commissioner shall cause to be prepared the decree
of registration as well as the original and duplicate of the
corresponding original certificate of title. The original certificate of
title shall be a true copy of the decree of registration. The decree of
registration shall be signed by the Commissioner, entered and filed in
the Land Registration Commission. The original of the original
certificate of title shall also be signed by the Commissioner and shall
be sent, together with the owner’s duplicate certificate, to the
Register of Deeds of the city or province where the property is
situated for entry in his registration book.
01. Issuance of decree of registration and
certificate of title.
Upon the finality of the judgment of the court adjudicating the land
as private property, the court shall, within fifteen (15) days from the
entry thereof, issue an order directing the LRA Administrator to issue
the corresponding decree of registration and certificate of title.
01. Issuance of decree of registration and
certificate of title.
The certificate of the title is the transcript of the decree of
registration made by the Register of Deeds in the registry.

But mere possession of a certificate of title is not conclusive as to the


holder’s true ownership of all the property described therein.
02. Decree binds the land and is
conclusive against the whole world.
The decree shall bind the land and quiet title thereto, subject only to
such liens as may be provided by law. It shall be conclusive upon and
against all persons, including the national government and all
branches thereof.
02. Decree binds the land and is
conclusive against the whole world.
As soon as the decree of title has been registered in the office of the
Register of Deeds, the property included in said decree shall become
registered land, and the certificate shall take effect upon the date of
the transcription of the decree.
02. Decree binds the land and is
conclusive against the whole world.
- land registration proceeding is in rem proceeding
- the purpose of the Torrens system is to quiet title to land and to
stop forever any question as to its legality
03. Registration does not give any person
a better title than what he really has.
Registration under the Torrens system and the issuance of a
certificate of title do not give any person a better title than what he
really and lawfully has. He secures his certificate by virtue of the fact
that he has a fee simple title.
04. Probative value of a certificate of
title.
A certificate of title serves as an indefeasible title to the property in
favor of the person whose name appears therein,10 and is conclusive
as to the identity of the land10a and also its location. The title
becomes indefeasible and incontrovertible one year from its final
decree. Tan v. Bantegui, GR No. 154027, Oct. 24, 2005.
04. Probative value of a certificate of
title.
A tax declaration cannot defeat a certificate of title issued under the
Torrens system.
04. Probative value of a certificate of
title.
(1) Validity and correctness of title is presumed
(2) Title issued pursuant to a public land patent like a homestead
patent or free patent is as indefeasible as a certificate of title issued
pursuant to judicial registration proceedings, provided the land
covered is a disposable public land, and becomes indefeasible and
incontrovertible upon the expiration of one year from the date of the
issuance thereof.
05. Where two or more certificates cover
the same land, the earlier in date prevails.
GR: where two certificates of title are issued to different persons
covering the same land in whole or in part, the earlier in date must
prevail as between the original parties, and in case of successive
registration where more than one certificate is issued over the land,
the person holding under the prior certificate is entitled to the land
as against the person who relies on the second certificate. Realty
Sales Enterprise, Inc. v. Intermediate Appellate Court, GR No. L-
67451, Sept. 28, 1987, 154 SCRA 328.

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