Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18th CONGRESS
First Regular Session

HOUSE BILL No, 2348

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

Real property right is unique because there are multiple “rights” associated with each piece of property
mn our jurisdiction, the following rights, among others, are accorded by law to an owner of a land: right to sel
Tight to lease, right to use, right to possess and right to acquire mineral

Our system of property registration as embodied in Presidential Decree (PD) No. 1529, as amended.
covers this bundle of rights under real property right. However, the system of registration, especially on lease on
Fegistered 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 ill 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 cert ificate of
title to an owner, may be able to prove the existence of the lease. True, Section 52, PD No. 1529 provides that a
Fegistration of lease in the Register of Deeds 1s a constructive notice to all persons from the time of such filina
of registering. However, with this proposal it is not only notice but with an indefeasible proof of lease as well
that are provided for to safeguard the right of a lessee

Passage of this bill is thus submitted for deliberation

Manet eed)

EVELINA G. ESCUDERO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18th CONGRESS
First Regular Session

nouse Bit.no, 2348

Introduced by REP. EVELINA G. ESCUDERO

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

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

SECTION I. 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 itis registered

‘The Register of Deeds shall issue a certificate of lease in the name of the lessee with complete reference

to the certificate of ttle of the registered land so leased and the details on the terms and conditions of the lease

SEC. 3. Discharge or Cancellation. A lease on registered land may be discharge 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 laws, 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./mplememing 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,