HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
‘Second Regular Session

House BillNo, 8781

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

AN ACT AMENDING SECTIONS 56, 108, 110, AND 117 OF PRESIDENTIAL DECREE NO.
1529 ALSO KNOWN AS THE PROPERTY REGISGTRATION DECREE

EXPLANATORY NOTE,

This bill seeks to amend provisions of Presidential Decree No. 1529 or the Property
Registration Decree which was signed into law by the late President Ferdinand E. Marcos in
year 1978.

The Property Registration Decree (P.D. No. 1529) finds its origin in statutory principle
which recognizes private ownership as conferred by the sovereign authority. For the Filipino
people, ownership of real property is often considered as real treasure to which every owner
can perpetuate and preserve landholdings for future generations. Real rights in property are
considered as the primordial source of livelihood of mankind.

Accordingly, the utilization, registration, and management of ownership of real property
should be adeptly improved in this fast changing times in order to achieve the maximum
possible benefit a real property can provide to its owner.

With our current setting in Land Registration and related laws, it is imperative to revisit
and introduce amendments to antiquated provisions and overlapping jurisdictions in the
Property Registration Decree. More often, the hands of the landowners are tied with
multifarious and complicated laws under Presidential Decree No. 1529 which causes undue
delay in the registration and voluntary and involuntary dealings with their real properties.

This representation deems it proper to propose reformation and simplification of the
processes under certain provisions existing in Presidential Decree No. 1529 to conform to the
current state of affairs in Land Registration after decades of being incarcerated to the archaic
law of 1978.

This is also a parallel effort to strengthen the adoption of the Land Registration Authority
of its electronic registration of land titles and deeds as they adopt Republic Act No. 8792
otherwise known as the “E-Commerce Act’.

In view of the foregoing, the immediate passage of the bill is earnestly sought.

My
REP, sonltl ye JR.

3" District, Pampanga

FEB 17 207


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
‘Second Regular Session

House Bil No, 8761

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

AN ACT AMENDING SECTIONS 56, 108, 110, AND 117 OF PRESIDENTIAL DECREE NO.
1529 ALSO KNOWN AS THE PROPERTY REGISGTRATION DECREE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 56 of Presidential Decree No. 1529 otherwise known as the Property
Registration Decree is hereby amended to read as follows:

“Section 56. Primary Entry Book; fees; certified copies. - Each Registry of Deeds shall
keep a primary entry book in which, upon the payment of entry fee, he shall enter, in the
order of their reception, all instruments including copies of writs and processes filed with
him relating to registered land. He shall, as a preliminary process in registration, note in
such book the date, hour, and minute of reception of all instruments, in the order in
which they were received. THE ELECTRONIC PRIMARY ENTRY BOOK AS USED BY
THE REGISTRIES OF DEEDS SHALL OFFER ENTRY NUMBERS FACILITATED
THROUGH INTERNET AND GENERATED THROUGH THE LAND REGISTRATION
AUTHORITY WEBSITE. THE PRIORITIES OF RIGHTS ATTACHED THEREWITH
SHALL BE CONDITIONED UPON THE FULL PAYMENT OF ENTRY FEES AS
PRESCRIBED BY THE LAND REGISTRATION AUTHORITY AND THE
COMPLETENESS OF THE DOCUMENTS PRESENTED AS PERSONALLY
DETERMINED BY THE LAND REGISTRY SPEACIALIST (REGISTRY OF DEEDS
EXAMINER) WITHIN A NON-EXTENDIBLE PERIOD OF FIVE (5) WORKING DAYS
FROM THE DATE THE REGISTRANT WAS GIVEN AN ENTRY NUMBER IN THE
WEB. THE ENTRY NUMBER AS PROVIDED FOR IN THE LAND REGISTRATION
WEBSITE SHALL BE LIMITED TO PROVIDE ENTRY NUMBERS FOR THE
MANAGEMENT OF PRIORITY OF RIGHTS AND DOES NOT IN ANY MANNER GIVE
AN ABSOLUTE AND UNQUALIFIED RIGHT TO THE PERSON DEALING WITH THE
REGISTRY OF DEEDS. They shall be regarded as registered from the time so noted,
and the memorandum of each instrument, when made on the certificate of tile to which
it refers, shall bear the same date : Provided, that the national government as well as the
provincial and city governments shall be exempt of payment of such fees in advance in
order to be entitled to entry and registration.

Xxx"

SECTION 2. Section 108 of Presidential Decree No. 1529 otherwise known as the Property
Registration Decree is hereby amended to read as follows:

“Section 108. ADMINISTRATIVE Amendment and alteration of certificates. [Ne



esscrorardins 2-corificata, or-grant ies onan tarene

-petiti snotions-filed-under thie Sect arth er-anty-other_provision-of

hie De original-reai pall_be-filed-and_entitled_in_thy
which-the-decree-of registration-was-ontered.]

NO ENTRY IN THE CERTIFICATE OF TITLE SHALL BE ERASED, ALTERED, OR
AMENDED WITHOUT A JUDICIAL ORDER AFTER THE ENTRY OF A CERTIFICATE
OF TITLE OR OF A MEMORANDUM THEREON AND THE ATTESTATION OF THE
SAME BY THE REGISTER OF DEEDS EXCEPT CLERICAL OR TYPOGRAPHICAL
ERRORS, INNOCUOUS WRONGFUL CARRY-OVER OF MEMORANDA OR
OMISSIONS THEREOF DUE TO INADVERTENCE OR OVERSIGHT WHICH DO NOT
INVOLVE A SUBSTANTIAL CHANGE IN THE NATURE OF THE PROPERTY IN THE
ENTRIES IN THE CERTIFICATE OF TITLE, AND CHANGE IN CIVIL STATUS WHICH
CAN BE CORRECTED, AMENDED, OR CHANGED BY THE REGISTRY OF DEEDS
OR ITS DEPUTIES THROUGH A VERIFIED PETITION BY ANY PERSON HAVING
DIRECT AND PERSONAL INTEREST IN THE CORRECTION OF A CLERICAL OR
TYPOGRAPHICAL ERROR, OMISSIONS IN THE ENTRIES IN THE CERTIFICATE OF
TITLE OR CHANGE IN CIVIL STATUS TO BE FILED IN THE REGISTRY OF DEEDS
WHERE THE PROPERTY IS REGISTERED.”

SECTION 3. Section 110 of Presidential Decree No. 1529 otherwise known as the Property
Registration Decree is hereby amended to read as follows:

“Section 110. Reconstitution of lost or destroyed Torrens Title. - Original copies of
certificates of title lost or destroyed in the offices of Register of Deeds as well as liens
and encumbrances affecting the lands covered by such titles shail be reconstituted
judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as
not inconsistent with this Decree. The procedure relative to administrative reconstitution
of lost or destroyed certificate prescribed in said Act is hereby abrogated [] EXCEPT AS
ENUMERATED UNDER REPUBLIC ACT NO. 6732 ENTITLED “AN ACT ALLOWING
ADMINISTRATIVE RECONSTITUTION OF ORIGINAL COPIES OF CERTIFICATES
OF TITLES LOST OR DESTROYED DUE TO FIRE, FLOOD, AND OTHER FORCE
MAJEURE.”

ADMINISTRATIVE RECONSTITUTION OF LOST OR DESTROYED OWNER'S
DUPLICATE OF TITLE IS HEREBY ALLOWED AND AUTHORIZED DURING
NATURAL CALAMITIES AND OTHER FORCE MAJEURE AS MAY BE DETERMINED.
BY THE ADMINISTRATOR. THEREUPON, THE ADMINISTRATOR SHALL DECLARE
THAT ADMINISTRATIVE RECONSTITUTION SHALL BE ALLOWED WITHIN THE
TERRITORIAL JURISDICTION OF THE AFFECTED REGISTRY OR REGISTRIES, AS
THE CASE MAY BE. PROVISIONAL REGISTRATION OF TRANSACTIONS PENDING
RECONSTITUTION OF THE REGISTRY COPY, AS PROVIDED IN LRA CIRCULAR
NO. 3 DATED DEC. 6, 1988, IS HEREBY ADOPTED UNDER THIS ACT. ENTRY IN
THE ELECTRONIC PRIMARY ENTRY BOOK AND PAYMENT OF REGISTRATION
FEES IS CONSIDERED AS A COMPLETE ACT OF REGISTRATION WHERE ALL
REQUIREMENTS ARE COMPLIED WITH.

Notice of all hearings of the petition for judicial reconstitution shall be given to the
Register of Deeds of the place where the land is situated and to the [Commissioner-of


ADMINISTRATOR OF THE PROPERTY REGISTRATION
AUTHORITY. No order or judgment ordering the reconstitution of a certificate of title
shall become final until the lapse of [thirty days} FIFTEEN (15) days from receipt by the
Register of Deeds and by the [Gommissioner—ot_Land—Registration] PROPERTY
REGISTRATION AUTHORITY of a notice of such order or judgment without any appeal
having been filed by any of such officials.”

SECTION 4. Section 117 of Presidential Decree No. 1529 otherwise known as the Property
Registration Decree is hereby amended to read as follows:

“Section 117. Procedure. - xxx

Where the instrument is denied registration, the Registry of Deeds shall notify the
interested party in writing OR THROUGH E- MAIL OR OTHER MODES OF
COMMUNICATION, setting forth the defects of the instrument or legal grounds relied
upon, and advising him that if he is not agreeable to such ruling, he may, without
withdrawing the documents from the Registry, elevate the matter by consulta within five
days from receipt of notice of denial of registration to the Commissioner of Land
Registration UPON PAYMENT OF A CONSULTA FEE IN SUCH AMOUNT AS SHALL
BE PRESCRIBED BY THE COMMISSIONER OF LAND REGISTRATION.

Xxx"
SECTION 5. Implementing Rules and Regulations. - Within thirty days (30) days from the

approval of this Act, the Secretary of Justice shall promulgate rules and regulations for the
effective implementation of this Act.

SECTION 6. Repealing Clause. - All existing laws or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 7. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.

Approved,