LAND TITLES MIDTERM REVIEWER (summary of codal) Sec. 1 ± Title of Decree. PROPERTY REGISTRATION DECREE Sec. 2 ± Nature of Registration proceedings; jurisdiction of courts. 1. Nature of registration proceedings is a. b. 2. In rem Based on the generally accepted principles underlying the Torrens System RTC exclusive and complete jurisdiction over a. b. 3. Applications for original registration All other subsequent petitions after original registration of title 4. 3. y a. b. Same qualifications as those required of the Commissioner Compensation shall be 3k per annum less than that of the Commissioner. Both the Commissioner and the Deputy Commissioner are appointed by the President They shall be assisted by the following a. b. c. o Division chiefs Special Assistant to the Commissioner Chief Geodetic Engineer Their compensation shall be 3k per annum less than that of the Deputy Commissioner All officials and employees of the Commissioner shall be appointed by the Secretary of Justice upon recommendation of the Commissioner, except Registers of Deeds. Clerk of court shall furnish the LRA with 2 certified copies of all pleadings, exhibits, order, and decisions filed or issued in land registration proceedings. Sec. 3 ± Status of other pre-existing land registration system. 1. System of registration under Spanish Mortgage Law is discontinued. Lands recorded under such system not yet covered by Torrens System are considered unregistered lands. 2. All instruments affecting lands under the Spanish Mortgage Law may be recorded under Sec. 113 of this Decree. 3. Books of registration for unregistered lands under the Revised Administrative Code, as amended, shall continue to remain in force; provided that all instruments dealing with unregistered lands be registered under Sec. 113 of this Decree y Sec. 6 ± General Functions. 1. Functions of the Commissioner a. b. c. d. Issue decrees of registration pursuant to final judgment and direct the RD to issue the corresponding certificates of title; Supervision and control over all Registers of Deeds and other personnel of the Commission; Resolve cases elevated en consulta or on appeal from the RD. Executive supervision over all clerks of court of land registration courts with respect to their duties and functions in relation to registration of lands; e. f. Implement all orders, decisions, and decrees relative to land registration; Verify and approve subdivision, consolidation, and consolidationsubdivision survey plans of properties under Act. 496 except those covered by PD957 (Subdivision projects). 2. Functions of the LRA a. Extend speedy and effective assistance to the DAR, Land Bank, and other government agencies in implementing land reform program; b. c. Extend assistance to land registration courts/cadastral courts; Central repository of records of original registration of lands under Torrens System, including subdivision and consolidation plans. Sec. 113 ± Recording of instruments relating to unregistered lands Land Registration Authority and its Registries of Deeds Sec. 4 ± Land Registration Authority. In order to have a more efficient execution of land registration laws, there is created a Land Registration Authority under executive supervision of the DOJ. Sec. 5 ± Officials and Employees of the LRA. 1. Commissioner a. b. 2. Member of the Philippine Bar with at least 10yrs of practice Has same rank, compensation and privileges as those of an Associate Justice of the Court of Appeals Deputy Commissioner Sec. 7 ± Office of the Register of Deeds. 1. 2. At least 1 RD for each province and for each city. RD with yearly average of collection of more than 60k for the past 3yrs shall have 1 Deputy Register of Deeds. 3. 4. RD with yearly average of collection of more than 300k for the past 3yrs shall have 2 Deputy Registers of Deeds. Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon recommendation of the Commissioner. Sec. 8 ± Appointment of Registers of Deeds and their Deputies and other subordinate personnel; salaries. 1. 2. Registers of Deeds shall be appointed by the President upon recommendation of the Secretary of Justice. Deputy Registers of Deeds and all other subordinate personnel of RDs shall be appointed by the Secretary of Justice upon recommendation of the Commissioner. 3. 4. Salaries ± not really important. Secretary of Justice, upon recommendation of the Commissioner, shall cause the reclassification of Registries. Sec. 9 ± Qualifications of Registers of Deeds and Deputy Registers of Deeds. 1. Registers of Deeds a. Member of the Philippine Bar and with at least 3yrs of practice or has been employed for at least 3yrs in any branch of government the functions of which include the registration of property. 2. Deputy Register of Deeds a. Member of the Philippine Bar. 1. 2. 3. 2. b. i. In writing; ii. State the reason therefor iii. Advise the applicant of his right to appeal by consulta Sec. 11 ± Discharge of duties of Register of Deeds in case of vacancy, etc. 1. Until a Register of Deeds shall have been appointed or in case of vacancy, absence, illness, suspension, or inability of the Register of Deeds, his duties shall be performed by the following officials, unless the Secretary of Justice designates another to act temporarily; a. Deputy Register of Deeds, or 2nd Deputy Register of Deeds, should there be one; Provincial or City Fiscal or any Assistant Fiscal designated by the former in places where there are no Deputy Register of Deeds. In case of absence, disability or suspension without pay, or in case of vacancy, the Secretary of Justice may authorize payment of additional compensation to the acting Register of Deeds. In case of newly-created province or city and pending establishment of RD and appointment of Register of Deeds, the RD of the mother province or city shall be the ex-officio RD for the new province or city. Sec. 12 ± Owner¶s Index. Shall contain all registered owners. RD shall submit to the LRA a. b. Monthly reports on collections and accomplishments; Annual inventory of titles shall be submitted at the end of December. Sec. 13 ± Chief Geodetic Engineer. He shall be the technical adviser tint he LRA on matters involving surveys. Original Registration Proceedings [Voluntary Judicial Proceedings] (14-34) Applications Sec. 14 ± Who may Apply. 1. The following may apply for registration of title to land a. Those who by themselves or through their predecessors-in-interest have been in i. OCEN possession and occupation ii. of alienable and disposable lands of the public domain iii. under bona fide claim of ownership iv. since June 12, 1945, or earlier. Sec. 10 ± General Functions of Registers of Deeds. 1. Public repository of records of instruments affecting a. b. c. 2. Registered lands Unregistered lands Chattel mortgages Immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. a. If the instrument is not registerable, he shall deny registration. Denial shall be b. c. d. 2. 3. Those who have acquired ownership of private lands by prescription. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion. Those who have acquired ownership of land in any other manner provided for by law. 2. If the agent dies, or leaves the Philippines, the applicant must make another appointment for the substitute. If he fails to do so, the court shall dismiss the application. Sec. 17 ± What and Where to file. 1. 2. Filed with the RTC of the province or city where the land is situated. Applicant must file with the application a. b. 3. All original muniments of titles or copies thereof; A survey plan approved by the Bureau of Lands. Co-owners shall file the application jointly. Land sold under pacto de retro ± vendor a retro may file an application for registration provided that, should the period of redemption expire during the pendency of the registration proceedings, the vendor a retro shall be substituted by the vendee a retro. Clerk of court will only accept the application if it is shown that a copy of the application and all annexes have been furnished to the Director of Lands. 4. Trutee may apply for original registration of any land held in trust by him, unless prohibited by the trust agreement. 1. Sec. 18 ± Application covering 2 or more parcels. Application may include 2 or more parcels of land provided they are situated in the same province or city. 2. The court may order an amendment of the application at any time by striking out one or more of the parcels or by severance of the application. Sec. 19 ± Amendments. 1. 2. Amendments including joinder, substitution, or discontinuance may be allowed by the court at any stage upon just and reasonable terms. Amendments involving (a) substantial change in the boundaries; or (b) an increase in area of the land applied for which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice in an original application. Sec. 20 ± When land applied for borders on road. 1. Application shall state a. b. Whether or not the applicant claims any portion of the land within the limits of the way or road And whether the applicant desires to have the line of the way or road determined. Sec. 21 ± Requirement of additional facts and papers; ocular inspection. 1. Courts may require a. b. 2. Facts to be stated in the application Filing of any additional paper Sec. 15 ± Form and Contents. 1. The application should be a. b. c. 2. a. b. c. d. e. 3. In writing; Signed by the applicant; Sworn to. A description of the land; Citizenship of applicant; Civil status of applicant, if married, name of spouse; Full names and addresses of all occupants; Full names and addresses of adjoining lot owners if known, if not know, it shall state the extent of the search made to find them. See sample of application in Angel Notes. It must contain Sec. 16 ± Non-resident applicant. 1. A non-resident applicant must a. File with his application an instrument appointing an agent or representative residing in the Philippines, giving his full name and postal address b. He must therein agree that any legal process made upon his agent or representative pursuant to the application shall have the same legal effect as if made upon him within the Philippines. Courts may also conduct an ocular inspection, if necessary. Sec. 22 ± Dealings with land pending original registration. 1. 2. During the pendency of the registration proceedings, the land may still be the subject of dealings in whole or in part. The interested party must present to the court a. b. The pertinent instruments together with a subdivision plan Subdivision plan approved by the Director of Lands, in case of transfer of portions 3. 4. Notice shall be given to the parties. The court shall then order that the land be subject to the conveyance or encumbrance created by the instruments, or order that the decree of registration be issued in the name of the person to whom the land has been coveyed by the said instruments. Publication, Opposition, and Default Sec. 23 ± Notice of initial hearing, publication, etc. 1. 2. 3. Within 5 days from the filing of the application, the court shall issue an order setting the date and hour of the initial hearing. The hearing shall not be earlier than 45 days nor later than 90 days from the date of the order. Public shall be given notice of the initial hearing by means of a. Publication ± upon receipt of the order of the court, the Commissioner shall cause the notice of initial hearing addressed to all persons, and requiring them to appear in court to submit their opposition, to be published i. Once in the OG ii. Once in a newspaper of general circulation b. Mailing i. Within 7 days after the publication in the OG, the Commissioner shall send notice to every person named in the application whose address is known. ii. If the applicant requests to have the line of a public way or road determined, notice shall be sent to a) b) c) Secretary of Public Highways Provincial Governor Mayor b. 3. 2. c. iii. If the land borders on a river, navigable stream or shore, arm of a sea where a river or harbor line has been established, or on a lake, or if it appears that a tenant-farmer may have a claim adverse to that of the applicant, notice must be given to a) b) c) d) e) f) g) Secretary of Agrarian Reform SolGen Director of Lands Director of Public Works Director of Forest Development Director of Mines Director of Fisheries and Aquatic Resources Posting ± at least 14 days before the date of initial hearing, the Commissioner shall also cause a copy of the notice to be posted by the sheriff in a conspicuous place on i. each parcel of land included in the application; ii. the bulletin board of the municipal building in which the land or portion thereof is situated Sec. 24 ± Proof of Publication and Notice. Certification of the Commissioner and the Sheriff that the notices, as required by law, have been complied with shall be filed in the case before the date of initial hearing. Such certification shall be conclusive proof of such fact. Sec. 25 ± Opposition to application in ordinary proceedings. 1. Any person claiming an interest, whether named in the application or not, may appear on or before the date of initial hearing or within such further time as may be allowed by the court. The opposition, which shall be signed and sworn to, shall state a. b. c. Objections Interest claimed Remedy desired The court may require the parties to submit a subdivision plan approved by the Director of Lands in the following cases a. When the opposition covers only a portion of the land and said portion is not properly delimited on the plan attached to the application Undivided co-ownership c. d. 1. Conflicting claims of ownership or possession Overlapping of boundaries 3. After judgment becomes final, the court shall order the issuance of the decree of registration and the certificate of title to the Commissioner. Sec. 26 ± Order of default; effect. If there are no oppositions made to the application, the court may, upon motion of the applicant, order a default to be recorded and require the applicant to present evidence (general order of default). 2. If there were oppositions made, a default order shall be entered against those who failed to appear and file and answer (special order of default). Hearing, Judgment, and Decree of Registration Sec. 27 ± Speedy Hearing; reference to a referee. 1. 2. Registration court shall see to it that all cases shall be disposed of within 90 days from the date the case is submitted for decision. The court may refer the case or any part thereof to a referee who shall a. b. 3. Hear the parties and their evidence Submit a report to the court within 15 days after the termination of such hearing Hearing before a referee may be held at any convenient place within the province or city and after reasonable notice thereof shall have been sent to the parties concerned. 4. The court may, in its discretion, accept the report, or set it aside in whole or in part, or order the case to be recommitted for further proceedings. Sec. 28 ± Partial Judgment. The court may render partial judgment in cases where only a portion of the land is contested provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands have been previously submitted to it. Sec. 29 ± Judgment confirming title. If the court finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming title of the applicant, or the oppositior, to the land or portions thereof. Sec. 30 ± When judgment becomes final; duty to cause issuance of decree. 1. Judgment becomes final upon the expiration of 15 days from the receipt of notice of the judgment (30 days in PD1529 was amended by BP129 to 15 days). 2. Appeals may be taken as in ordinary civil cases. Sec. 31 ± Decree of Registration 1. The Decree of Registration issued by the Commissioner must a. b. c. Bear the date, hour and minute of its entry Be signed by him State civil status of the owner, if married name of spouse; provided that if the land forms part of the conjugal property then the decree shall be issued in the name of both spouses d. e. f. g. h. 2. State the nature of disability, if the owner is under disability State the age, if the owner is a minor Contain a description of the land as finally determined by the court Set forth the estate of the owner All encumbrances to which the land or owner¶s estate is subject Decree of Registration shall bind the land and quiet title thereto subject only to encumbrances provided by law. It is conclusive against all persons, including the government. Section 32-34 ± Remedies (not included in midterms) Cadastral Registration Proceedings (35-38) Order for Speedy Settlement and Adjudication; Survey; Notices Sec. 35 ± Cadastral Survey preparatory to filing of petition. 1. When, in the opinion of the President public interest so requires that title to any unregistered lands be settled and adjudicated, he may order the Director of Lands to cause to be made a cadastral survey of the lands and the plans and technical description thereof prepared in due form. 2. Director of Lands shall give notice to all persons of the day on which the survey will begin, giving full and accurate description of the lands. Notice shall be published in a. b. OG Newspaper of general circulation (pursuant to due process) And sent to The notice shall likewise be posted in a conspicuous place on the bulletin board of the municipal building. Copy of the notice shall also be sent to a. b. c. d. 3. a. Mayor Barangay Captain Sangguniang Panlalawigan Sangguniang Bayan Post a notice of the date on which the survey is to begin in the bulletin board of the municipal building or barrio in which the lands are situated. Answer Sec. 37 ± Answer to petition in cadastral proceedings 1. Any claimant shall appear before the court by himself or by any representative in his behalf, and shall file an answer on or before the date of initial hearing or within such further time as may be allowed by the court. 2. The answer shall be a. b. 3. Signed Sworn to The Geodetic Engineers or other employees in charge of the survey shall b. Mark the boundaries by monuments. Their entry on the lands for this purpose is lawful. It must also contain the following a. b. c. d. e. f. g. h. i. Civil status; if married, name of spouse Nationality Residence Postal address Age Cadastral number of lots claimed Name of barrio and municipality in which the lots are situated Names and addresses of the owners of the adjoining lots If claimant is in possession of the lots claimed and can show no express grant of the land by the government to him or to his predecessors-in-interest, he should state the i. length of time of possession ii. manner in which it has been acquired iii. length of time of possession of his predecessors, if any j. If claimant is not in possession or occupation, the answer shall set forth i. interest claimed ii. time and manner of acquisition k. l. If the lots have been assessed for taxation, the last assessed value Encumbrances 4. 5. Duty of every person claiming an interest to communicate with the Geodetic Engineer upon his request. Any person who willfully obstructs the making of any survey, or maliciously interferes with the placing of any monument or remove such monument, or remove or destroy any notice of survey posted on the land, shall be punished by imprisonment for not more than 1yr or by a fine of not more than 1k, or both. Petition; Lot Numbers Sec. 36 ± Petition for Registration 1. After the lands have been surveyed, the Director of Lands, represented by the SolGen, shall institute original registration proceedings by filing the necessary petition in the RTC stating that public interest requires that the title to such lands be settled and adjudicated. 2. Petition shall contain the following a. b. c. 3. Description of the lands Accompanied by a plan thereof Other data as may serve to furnish full notice to the occupants and to all other persons who may have claim any right or interest therein Cadastral lot numbers ± where the land consists of 2 or more parcels held or occupied by different persons, the plan shall indicate the boundaries or limits as accurately as possible. The parcels shall be number, hence cadastral lot numbers. 4. Cadastral letter ± the cadastral lot numbers shall not be changed after final decision except by order of court. Future subdivisions of any lot shall be designated by a letter. Hence cadastral letter. Sec. 38 ± Hearing, Judgment, Decree Trial shall be conducted in the same manner as in ordinary land registration proceedings and shall be governed by the same rules. Decrees awarded and the certificates issued pursuant to such decrees have the same effect as those granted in ordinary land registration proceedings. Certificate of Title Sec. 39 ± Preparation of decree and Certificate of Title 1. Court shall issue an order directing the Commissioner to issue the decree of registration and certificate of title w/in 15 days from final judgment directing registration of title. 2. Clerk of court shall, w/in 15 days from entry of judgment, send to the Commissioner a. b. Certified copies of the judgment and the order of the court; and A certificate stating that the decision has not been amended, reconsidered, nor appealed, and has become final. 3. Decree of registration shall be a. b. 4. Signed by the Commissioner; Entered and filed in the LRA. Sec. 42 ± Registration Books 1. 2. 3. 1. Original copy of the original certificate shall be filed in the RD. Bound in consecutive order with the certificates of title. These shall constitute the registration book for titled properties. A TCT is a subsequent certificate of title issued by the RD pursuant to any voluntary or involuntary instrument relating to the same land. a. b. It shall be in like form and issued in duplicate; It must show i. the number of the next previous certificate; ii. the fact that it was originally registered; iii. Record number, the number of the OCT, and the volume and page of the registration book where the OCT is found. Sec. 44 ± Statutory liens affecting title 1. 2. GR: Every registered owner taking a certificate of title for value and in good faith shall hold the same free from all encumbrances. Exception: those noted in the certificate and any of the following which may be subsisting a. Liens, claims, or rights ± arising or existing under the laws and Constitution, which are not required to appear of record in the RD in order to be valid. b. Unpaid real estate taxes ± those levied and assessed w/in 2 yrs immediately preceding the acquisition of any right over the land by an innocent purchaser for value, without prejudice to the government¶s right to collect taxes payable before that period from the delinquent taxpayer alone. c. Public highway or private way, or any government irrigation canal or lateral thereof ± those established or recognized by law, if the certificate of title does not state that the boundaries of such highway or irrigation have been determined. d. Any disposition/limitation on the property ± those by virtue of PD27 or any other law or regulations on agrarian reform Sec. 43 ± Transfer Certificate of Title Original of the original certificate of title shall be a. b. Signed by the Commissioner; Sent, together with the owner¶s duplicate copy, to the RD for entry in its registration book. Sec. 40 ± Entry of Original Certificate of Title 1. Upon receiving the original and duplicate of the original certificate of title, the RD shall a. b. c. 2. Enter the same in its record book; They shall be numbered, dated, signed and sealed by the RD. The certificates shall take effect upon the date of entry thereof. RD shall send notice by mail to the registered owner that his duplicate is ready for delivery upon payment of legal fees. Sec. 41 ± Owners duplicate certificate of Title 1. 2. Owners duplicate certificate shall be delivered to the registered owner or his duly authorized representative. If 2 or more persons are registered owners a. b. Only one duplicate may be issued OR A separate duplicate may be issued to each of them in like form, but these shall all be surrendered to the RD upon any subsequent transaction affecting the land or any interest therein. 3. RD shall note on each certificate of title as to whom a copy thereof was issued. Sec. 45 ± Statement of personal circumstances in the certificate 1. The certificate of title shall set forth the following a. Full names of all persons whose interests make up the full ownership in the whole land; b. c. d. e. f. 2. Civil status; Names of spouses, if married; Citizenship; Residence; Postal address; Sec. 49 ± Splitting, or Consolidation of titles 1. Splitting ± a registered owner of several distinct parcels of land covered by a single certificate of title desiring to have separate certificates may do so by a. b. c. d. 2. Filing a written request to the RD; Surrendering the duplicate; RD shall cancel the duplicate and its original; RD shall issue separate certificates. Consolidation ± a registered owner of several distinct parcels of land covered by separate certificates of title desiring to have a single certificate covering them may do so by following the same procedure as provided for in splitting. If property forms part of conjugal partnership, it shall be issued in the names of both spouses. Sec. 46 ± General Incidents of registered lands 1. Registered lands are subject to burdens and incidents arising by operation of law. 2. Registered lands or the owners thereof shall not be relieved from a. Rights incident to the relation of i. Husband and wife; ii. Landlord and tenant; b. c. d. e. f. g. Liability to attachment or levy on execution; Liability to any lien established by law on the land or the buildings thereon, or on the interest of the owner on such land or buildings; Changing the laws of descent; Changing the rights of partition between co-owners; Right to take the land by eminent domain; Liability to be recovered by i. an assignee in insolvency cases; ii. trustee in bankruptcy cases; h. Changing or affecting other rights or liabilities created by law and applicable to unregistered land, except as otherwise provided in this Decree Sec. 47 ± Registered land not subject to prescriptions Registered lands cannot be acquired by prescription or adverse possession. Sec. 48 ± Certificate not subject to collateral attack A certificate of title cannot be altered, modified, or cancelled except in a direct proceeding in accordance with law. 3. 2. Sec. 50 ± Subdivision and consolidation plans Par (1) and (2) 1. An owner subdividing a tract of registered land which do not constitute a subdivision project, as defined under PD957, shall a. b. File a subdivision plan with the Commissioner of the LRA or with the Bureau of Lands; Distinctly and accurately delineating the boundaries, streets, passageways, and waterways, if any. If the subdivision plan has been duly approved the following shall be presented to the RD a. b. c. Subdivision plan; Technical descriptions Corresponding owner¶s duplicate certificate. Upon receiving the documents, the RD shall a. b. Register the same, without requiring further court approval, in accordance with the Land Registration Act, as amended; Annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of the government, province, city or municipality, no portion of any street, passageway, waterway, or open space shall be closed or disposed of by the registered owner w/o court approval. Par (3) 4. A registered owner desiring to consolidate several lots, requiring new technical descriptions, shall a. 5. File with the LRA a consolidation plan showing how the lands were, and how they shall appear after such consolidation Upon approval of such plan, the following shall be surrendered to the RD a. b. 6. Par (4) The LRA cannot order any change, modification or amendment in the certificate, or any decree or plan, including the technical description therein, nor can it order the cancellation of a new certificate which would result in the enlargement of the area covered by the certificate. Duplicate certificates; Duly approved consolidation plan. The RD shall then cancel the certificates and issue a new one.