Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
18" CONGRESS
First Regular Session

4777

House Bill No.

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

Property right is unique because there are multiple “rights” associated with the
ownership of a property. In case of land ownership, the following rights, among others,
are accorded by law to an owner of a land: right to sell, right to lease, right to use, right to
possess and right to acquire mineral

Our system of property registration as embodied in Presidential Decree (P.D.) No.
1529, as amended, covers this bundle of rights under real property right. However, the
system of registration, especially on lease on registered property is limited only to
registration by annotation, which is the inscription of a memorandum on the original
certificate title of property and the owner's duplicate

This bill proposes to expand this system of registration, especially on lease on
registered lands by authorizing the issuance of certificates of lease. It is by virtue of this
certificate that a lessee, like a certificate of title to an owner, may be able to prove the
existence of the lease. True, Section 52, P.D. 1529, provides that a registration of lease
in the Register of Deeds is a constructive notice to all persons from the time of such filing
or registering. However, this Bill proposes to not only afford the lessee the constructive
notice to the world but also an indefeasible proof of lease to further safeguard his right.

Passage of this bill is thus submitted for deliberation.

Mice fit~

~ EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
18" CONGRESS
First Regular Session

House Bill No. Gu

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
ESTABLISHING A SYSTEM OF REGISTRATION FOR LEASE
ON REGISTERED LANDS

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

SECTION 1. Short Title. This Act shall be known as the "Property Lease
Registration Act."

SEC. 2. Registration. Upon presentation for registration of a lease contract or
agreement together with the owner's duplicate certificate, the Register of Deeds shall
enter upon the original of the certificate of title and also upon the owner's duplicate
certificate a memorandum thereof, the date and time of filing and the file number assigned
to the contract or agreement, the number of the issued certificate of lease, and shall sign
the said memorandum. He or she shall also note on the contract or agreement the date
and time of filing and a reference to the volume and page of the registration book in which
it is registered

The Register of Deeds shall issue a certificate of lease in the name of the lessee
with complete reference to the certificate of title of the registered land so leased and the
details on the terms and conditions of the lease.

SEC. 3. Discharge or Cancellation. A \ease on registered land may be
discharged or canceled by means of an instrument executed by the lessee in a form
sufficient in law, which shall be filed with the Register of Deeds who shall cause the
cancellation of the certificate of lease and make the appropriate memorandum upon the
certificate of title.


SEC. 4. Amendatory Clause. All jaws, presidential decrees, executive orders,
proclamations and/or administrative regulations, specifically Sections 54, 60, 61 and 62
of Presidential Decree No. 1529. as amended, which are inconsistent with the provisions
of this Act are hereby amended, modified, superseded or repealed accordingly.

SEC. 5. Implementing Rules and Regulations. The Land Registration
Authority in coordination with other agencies of government concerned shall within ninety
(90) days from the effectivity of this Act promulgate the required rules and regulations for
the effective implementation of this Act.

SEC. 6. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting

SEC. 7. Effectivity Clause. This Act shall take effect fifteen (15) days from its
Publication in the Official Gazette or at least two newspapers of national circulation.

Approved,