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.
Procedure G.R. No. 124711 November 3, 1998 MARICALUM MINING CORP., Petitioner, vs. National Labor Relations Commission (NLRC), Sipalay Mine Free Labor Union and Cecilio T. Saludar, Respondents