Repul
HOUSE

SEVEN’
Fir:

HOUSE BILL

a RECEIVED
ic of the Philippines _

iF REPRESENTATIVE: Dave: 3 0 Jit 25i5
Quezon City THe 4,

EENTH CONGRESS <
ular Session
Regi REGISTRATION UNIT
No. 369 | BULLS Ano INDEX seavic:

HOUSE oF REPRESENTATIVES

BY:

tative FERDINAND L. HERNANDEZ

REORGANIZING THE LAND
AMENDING, CODIFYING FO!
NO. 1529, OTHERWISE KNO'

DECREE” AN

AN ACT
EGISTRATION AUTHORITY, REVISING,
THE PURPOSE PRESIDENTIAL DECREE
N AS THE “PROPERTY REGISTRATION
FOR OTHER PURPOSES

EXPLANATORY NOTE

This proposal has been file

deems it proper appropriate to r

bring in the order and procedui

Philippines as an agricultural country,
development. For the Filipinos Jan

source of livelihood of mankind.
contentious and disputable as p.

in the 16" Congress and this representation
file this bill believing the significance it will
of land registration and management. The
considers land as the basis of its
is wealth, It is considered as the primordial
wnership of land may therefore be deemed
le would strive to have a piece. Accordingly,

use of land resources should bel effectively utilized in order to achieve the
maximum potential of the land and benefits shall accrue to the people. In this
Context that the government should provide for an institutional and legal
framework in land administration in order to define, regulate, resolve and
settle any and all controversy that may arise in the registration and claim of
property rights.

In the Philippine jurisdiction, land administration is governed by
multitude of laws, overlapping jurisdiction and managed by different
institutions. Property registration is therefore tedious and confusing. More
often, land owners delay the registration of their properties as they are
intimidated by the processes invalved.

Thus, the need to harmonize the laws. This proposal is a consolidation
and simplification of the processes under the Presidential Decree No. 1529
(Property Registration Decree), Commonwealth Act No. 141 (Public Land Act),
Act No. 2259 (Cadastral Act) and Presidential Memorandum Circular dated 30
September 1988 creating the Land Registration Authority, in lieu of the
National Land Titles and Deeds Registration Authority (NLTDRA), in conformity
with Executive Order No. 292 or the Administrative Code of 1987.


With the number of laws Involved and the different agencies concerned,
it is therefore submitted that the land registration system in the country should
be reformed, updated, codified land simplified to conform to the current state
Of affairs in tand registration an by applying e-governance, transparency and
accountability in the delivery of government services is therefore aimed,

For these reasons, consideration and approval of this law is earnestly
sought.



Repu

HOUSE OF

SEVE!
Fi

HOUSE BILL N

REORGANIZING THE LAND
AMENDING, CODIFYING FO!
NO. 1529, OTHERWISE KN

DECREE” AN!

Be it enacted by the Senate and
Congress Assembled:

SECTION 1. Title of the Act,
Registration Decree.”

SEC, 2. Declaration of Pol,

accelerate land titling of all lan
Toward this end, the State
methods, including the adoptit
above purposes.

tative FERDINAND L. HERNANDEZ

ensure the integrity of land titles,

SEC. 3. Nature of Registratian

lic of the Philippines

REPRESENTATIVES

Quezon City

TEENTH CONGRESS
Regular Session

369

10.

AN ACT

‘EGISTRATION AUTHORITY, REVISING,

THE PURPOSE PRESIDENTIAL DECREE
IN AS THE “PROPERTY REGISTRATION
FOR OTHER PURPOSES

House of Representatives of the Philippines in

CHAPTER 1 —
GENERAL PROVISIONS

~ This Act shall be known as the “Property

~ It is the declared policy of the State to
the accuracy of land information, to
ds, and the preservation of land records.
shall formulate and strictly implement

In of available technology to achieve the

Proceedings.- Judicial proceedings for



the registration of lands thra
shall be based on the generail
System. (2a)

lughout the Philippines shall be in rem and
ly accepted principles undertying the Torrens

SEC. 4. Definition of Termis.- For Purposes of this Act, the following

terms are defined as follows:

a)

b)

©)

d)

e)

9)

Administrator refers
Registration Authority.

to the Administrator of the Land

Annotation refers to A note, memorandum, encumbrance or lien
or any other inscripti t inscribed on a certificate of title.

Authority refers to the

Land Registration Authority.

Central Office (CO) |refers to the Land Registration Authority
Central Office located] at LRA Compound, East Avenue corner NIA

Road, Quezon City.

Certification refers to| a process by which the existence or non-

existence (negative|

certification) of a particular factor

information is affirmed by the records of the Office of the

Register of Deeds and

its database.

Certified True Copy Document refers to a facsimile or image
of a document on file with the Register of Deeds the contents of
which are attested to be an accurate and complete reproduction
of the original document.

Certified True Copy o
image of a certificate

Certificate of Title refers to a facsimile or

lof title in the records of the Office of the

Register of Deeds, thé contents of which are attested to be an

accurate and complete|

reproduction of the original document.



Ce Nae ee Ke

a

12

h)

D

k)

m)

n)

Chattel refers to

ny person, group of persons or agency

(government or private) who shall request for any of the

services provided

by the land Registration Authority (LRA) and

its Registry of Deeds| (RD).

Client refers to|any person, group or persons or agency

(government or private) who shall request for any of the

services provided

by| the Land Registration Authority (LRA) and

the Office of the Registry of Deeds (RD).

Condominium refers to an interest in real property consisting

of separate interest] in a unit in a residential, industrial or

commercial buildi

ing] and an undivided interest in common,

directly or indirectly, jin the land which it is located and in other
common areas in the building.

Consulta is a nel, afforded to a party-in-interest when

questions are raisi

ed Whether an instrument may be registered

or not, as provided for under Section 117 of Presidential Decree

No, 1259.

Decree refers to
Registration Autho:

Disaster Recovery

the order or ruling issued by the Land
rity.|

refers to the process, policies and procedures

related to preparing for recovery or continuation of technology

infrastructure and

database critical to an organization after a

natural or human-induted disaster.

Electronic Document refers to information or the representation

8



Sera auneune

Se eepeprernnwn R&P sesae ee ee ee
se see RRRESORUN SSeS FRESE S

0)

p)

q)

r)

of information, data, figures, symbols, or other modes of written
expression, described or however represented, by which a right
is established or an|obligation is extinguished, or by which a fact
may be proved ahd affirmed, which is received, recorded,
transmitted, stored, Processed, retrieved or produced
electronically. It intludes digitally-signed documents and any
print-out, readable by sight or other means, which accurately
reflects the electronic data message or electronic document

Electronic Primary Hntry Book for Chattel Mortgage (EPEB-CM)
refers to the electilonic book wherein the chattel mortgages
including assignmest, or discharge thereof, and any other
instruments related |and assigned sequential entry numbers in
the arder of presentition indicating therein the date, hour, and
minute when the same was received.

Electronic Primary re Book for Other Personal Properties
(EPEB-PP) refers to
involving other perspnal properties are recorded and assigned

the electronic book wherein all instruments

Sequential entry numbers in the order of presentation indicating
therein the date, houf, and minute when the same was received.

Electronic Primary Eptry Book for Registered Land (EPEB-RL)
refers to the electrpnic book wherein the registered lands,
including all transaction an/or instruments registered related
thereto, are recorded] and assigned sequential entry numbers in
the order of presentation indicating the date, hour, and minute
when the same was réceived.

Electronic Primary mid Book for Unregistered Land (EPEB-UL)
refers to the electronic book wherein all instruments involving

transactions on unregistered land are recorded and assigned

6



s)

t)

u)

v)

w)

x)

sequential entry numters in the order of presentation indicating
therein the date, hour,|and minute when the same was received.

Electronic Book for Unregistered Land (EB-UL) refers to the
electronic database wherein the details of transactions involving
unregistered land entered in the Electronic Primary Entry Book
for Unregistered tana [epee ut) are recorded.

Electronic Receipt refers to the receipt of payment generated by
the Point-of-Sale (POS) system.

Electronic Signature rdfers to any distinctive mark, characteristic
and/or sound in electfonic form, representing the identity of a
person and attached t@ or logically associated with the electronic
data message or eledtronic document or any methadology or
procedure employed gr adopted by a person and executed or
adopted by such person with the intention of authenticating,
signing, or approving |an electronic data message or electronic
document. An electronjc signature include digital signatures.

Electronic Workflow |System refers to the automation of
procedures on transattions where documents, information, or
tasks are processed by the Office of the Register of Deeds
personnel under PHILARIS.

Geographic Information System (GIS) refers to the information
system used in the LT¢P that integrates, stores, edits, analyzes,
shares, and displays gpographic information within the Philippine
archipelago.

Information Management Center refers to the data center where
the central database is} located.



y) Innocent Purchaser for Value" or an equivatent phrase occurs in

2)

aa)

bb)

cc)

dd)

ee)

this Act, it shall be deemed to include an innocent lessee,

mortgagee, or other encumbrances for value.

Inscription refers to|
memorandum, note|
instrument sought t
and templates.

the recording in the certificate of title of a
lien, encumbrance, or an abstract of the
be registered using the PHILARIS formats

Information Technolgy (IT) Service Fee or Fees refers to the

fee or fees collected
in processing transai

Land Registration A

from the clients for the use of the PHILARIS
itions.

thority refers to the agency created under

Presidential Decree no. 1529, as amended.

Land Titling Compiterization Project (LTCP) refers to the
Modemization project sponsored’ by the Land Registration
Authority awarded tq the tand Registration Systems, Inc. under

a Build-Own-Operate

Office of the Registel
title and records
unregistered lands ai

(BOT) scheme,

of Deeds constitute a public repository of
lof instruments affecting registered or
}d chattel mortgages in the province or city

wherein such office is situated, and shall herein be referred as

Registry.

Original Registration
parcel of land under
registration.

is the act of bringing property rights to a
the coverage of the Torrens System of



ff)

gg.

hh)

ii)

ii)

kk)

nN)

Original Certificate of Title is the certificate issued pursuant to a
decree of registratidn, patent, award or grant registered and

filed in the Registry.

Original Copy of the
certificate of title fildd
electronically stored in

Certificate of Title is tne copy of the
in the Registry, which under PHILARIS is
the database of the Registry.

Owner's Duplicate Cértificate of Title is the duplicate copy of the
original copy of the kertificate of title issued to the grantee or
registered owner. If i or more persons are registered owners,

only one owner's di
whole land. Howeve},

plicate certificate may be issued for the

if the co-owners so desire, a separate

duplicate may be issted to each of them in like form; Provided,
all outstanding certifipate of title shall be surrendered whenever
the Register of Deeds shall register any subsequent voluntary
transaction affecting] the whole land or part thereof or any

interest therein. Th¢

Register of Deeds shall note on each

certificate of titles as to whom a copy thereof was issued.

Personal Properties ate the properties as defined under Articles

416 and 417 of the New Civil Code of the Phili

PHILARIS refers to
Information System wl

the Philippine Land Registration and
hich is the computer program designated

and developed to jutomate the processes of the Land
Registration Authority and its Registries.

Point of Sale refers t

lo the system used in the fee collection

function of the Land Registration Authority and its Registries.

Public Land refers to the land which have not been subject to

9


private property rigHts or subject to sale or other modes of

acquisition or concession under general laws and are devoted to

public use.

mm) Primary Database is the database used for transaction
processing in the Regjstry.

nn)

00)

PP:

cc)

rr)

Private Land refers
conveyance or othe!
private use.

Provisional Registrat

ito land that has been subject of sale,
modes of acquisition and is devoted to

jon is the entry of an instrument in the

EPEB-RL pending “[ronsttutin of the original copy of a

certificate of title pui
3 dated 06 Decembet

uant to the provisions of LRA Circular No.
1988.

Reconstituted Title ‘lew restored certificates of title through

judicial or administ

itive proceedings that have been lost or

destroyed in the Registries, which shall include all liens and

encumbrances affecti|

Register of Deeds is|

ig the lands covered by such title.

the person charged with the registration

and/or recording of Instruments affecting registered or

unregistered lands ai

d chattel mortgage in the province or city

wherein such office is situated.

Registration is the process by which instruments in the order

they are received ar noted in the EE8-RL pursuant to law. They

shall be regarded as|

registered from the time so noted in the

EPEB-RL. There shal be two kinds of registration: (1) the

registration resulting

iin the issuance of title (Transcription); and

(2) the registration of deeds and other instruments evidencing

10



1 rights, interests and claims over the land (Inscription).

2

3 ss) Reinstatement of Title is the involuntary transaction which

4 invalves the cancellation of an active title and issuance of a new

5 title to restore the ownership of the previous registered owner

6 Pursuant to a final and executory decision of a Court or other

7 quasi-judicial body.

8

9 tt) Secondary Database ig the Duplicate of the primary database

10 and is used for back-up] purposes which is located offsite.

WW

2 uu) Subsequent registration is the registration that occurs after

B property rights have Heen brought under the Torrens System

4 after the date of original registration.

15

16 wy) Technical Description i¢ the lot number, plan number, location

7 bearings, distances, cofner description, metes and bounds, and

18 area of a certain parcel of fand.

19

20 ww) Text-based Database |is the encoded data stored in the

21 database.

2

23 Xx) Transcription is the ertry in the EPEB-RL by the Register of

4 Deeds of the Original Certificate of Title duly numbered, dated,

25 signed and sealed, dnd issued pursuant to a decree of

26 registration, patent, award or grant.

27

28 yy) Unregistered Lands are|lands which are not yet covered by the

29 Torrens System. (n)

30

31 SEC. 5. Jurisdiction of Courts|- The Regional Trial Court shall have the

32 exclusive jurisdiction over all applications for original registration of title
n



to lands, including improvements and interests therein, and over aif

petitions filed after registration
all questions arising upon such
jurisdiction to hear applications

lof title, with power to hear and determine

applications or petitions. However, the
for original registration of title of lands

may be delegated to other coutts under terms and condition specified by

law or by the Supreme Court.
furnish the Land Registration
pleadings, exhibits, orders, and|
petitions for land registration,

|The court through its clerk of court shail
Authority with two certified copies of all

decisions filed or issued in applications or

with the exception of stenographic notes,

within five (5) days from the filing or issuance thereof.

SEC. 6. Status of other pre-exis

iting land registration system.- The system

of registration under the Spanish Mortgage Law is hereby discontinued, as

provided by law (PD 892), and
which are not yet covered &
unregistered lands.

Hereafter, all instruments]
the Spanish Mortgage Law may

all lands recorded under the said system
yy Torrens title shall be considered as

affecting lands originally registered under

be recorded under Section 121 of this Act,

until the land shall have been brought under the operation of the Torrens

System.

The books of registration for unregistered lands provided under
Section 194 of the Revised Adrninistrative Code, as amended by Act No.

3344, shall continue to remain

in force; Provided, that all instruments

dealing with unregistered lands shall henceforth be registered under

Section 121 of this Act. (3)

THE LAND REG}
AND ITS Ri

HAPTER 2
ISTRATION AUTHORITY
GISTRIES OF DEEDS

12


16
17
18
19
20
21
2
23
24
25

27
28
29
30

32

SEC. 7. The Land Registration

Authority. - In order to achieve the

objectives laid down in the declared policy of this law, the Land
Registration Authority is hereby created which shall be under the
executive supervision of the Department of Justice. (4a)

SEC. 8. Officials and Employees
Authority shall have a Chief and

jof the Authority.- The Land Registration
four (4) Assistant Chief to be known as

the Administrator and Deputy Administrators who shall be appointed by

the President. The Administrator

ishall be a duly qualified member of the

Philippine Bar with at least teh (10) years of practice in the legal

profession, and shall have the
other benefits and privileges equi
the Court of Appeals. The Deput
same qualifications as those requ
Deputy Administrator for technij

‘pe salary, allowances, retirement and

alent of that of the Presiding Justice of
Administrators, who shall possess the
red of the Administrator, except that the
I services, who shall be a geodetic

Engineer and Deputy Administrator for Information Technology, who is an

expert in Information Technology, shall have the same rank, salary,

allowances, retirement and othey benefits and privileges equivalent of

those of the Associate Justices of
Administrator shati act as Ad:
absence or disability of the Admi
the said position until another
shall have been designated or ap|
The Deputy Administrators shall
Administrator may assign to him.
The Administrator shall
Administrators namely: Deputy
Finance, Deputy Administrator fos

the Court of Appeals. The Senior Deputy
inistrator of the Authority during the
istrator, or when there is a vacancy in
Jerson shall have been another person
jointed as such in accordance with law.
iso perform such other functions as the

be assisted by four (4) Deputy
Administrator for Administration and
4 Operation and Legal Services, Deputy

Administrator for Technical Services, and Deputy Administrator for

Information Technology.



There shall be Regional Diectors and Deputy Regional Directors, to
be appointed by the President upon the recommendation by the Secretary
of Justice, who at the time of thpir appointment shall be members of the
Philippine bar and have been erlgaged in the practice of law for at least
five (5) years or for the same period shall have held a position in the
government. The Regional Direftor shall have the same rank, salary,
allowances, retirement and othér benefits and privileges equivatent to
those of Judges of the Regional Trial Court and the Deputy Regional
Directors shall have the same sank, salary, allowances, retirement and
other benefits and privileges fquivalent to those of Judges of the
Municipal Trial Courts or of Metropolitan Trial Courts.

SEC. 9. General Functions.-
1. The Land Registration Authority shall have the following functions:
a) Extend speedy and effeftive assistance to all stakeholders
(private and public entities) in the implementation of the

provisions of this law

b) Extend assistance to courts in Ordinary and Cadastral Land
Registration proceeding$ and in all other petitions after
original registration filed|under the provisions of this Act;

¢) Act as the central repos|tory of records relative to original
and subsequent registyation of lands titled under the
Torrens System, including all kinds of plans previously
approved by the Department of Environment and Natural
Resources-Land Manahement Bureau (DENR-LMB),
National Commission on] Indigenous Peoples (NCIP), Land
Registration Authority (LRA), and their corresponding
Technical Descriptions,| and as such, be the sole
administrator of the centyal database;

d) Promulgate rules and rdgulations to effectively carry out
the provisions of this Act] and

e) Perform other functions ds may be provided by taw. (6a)

4



2. The Administrator.- The Adi
functions:

inistrator shall have the following

a) Exercise supervision and|controt over all Registrars of Deeds and

other personnel of the Authority;

b) Resolve cases elevated

en consulta by, or on appeal from

decisions of the Registrars of Deeds;

¢) Implement all orders,

decisions, and decrees promulgated

relative to the registratjon of lands and issue, subject to the

approval of the Secretary of Justice, all necessary rules and

regulations therefor;
d) Verify and approve subd
subdivision survey plan:
Decree No. 1529;
€) Sole authority to approve

vision, consolidation, and consolidation
of properties pursuant to Presidential

‘e all kinds of survey plans such as :

Original Survey, Cadastral Survey, Public Land Survey, Re-

survey, Relocation Survay and the like, to the exclusion of all

other agencies;
f

proceedings by filing the|

Initiate through the dolicitor General,

original registration

necessary petition in the Regional Trial

Court of the place where|the land is situated against the holders,

claimants, possessors, of occupants of such lands or any part

thereof, stating in substance that the public interest requires that
the title to such lands be fettled and adjudicated.
g) Exercise concurrent administrative executive supervision over

clerks of courts and pérsonnel of the Regional Trial Courts,

Municipal Trial Courts or Metropolitan Municipal Trial Courts with

respect to the discharge fof their duties and functions in relation

to the registration of landb;

h) Exercise pertinent

Powers to effectuate the concurrent

jurisdiction with the Regional Trial Court to try and decide
Original Land Registration cases;

18



i) Perform other functions
SEC. 10. Creation of Departmen]

fs may be provided by law.
fs in the Authority and Regional Offices.-

The following Departments and Divisions are hereby created in the

Authority:

1. Administration and Perponnel Management Department to be

headed by a Manager for Personnel management and

Administration. There

following divisions:

(a) Administrative Se|
Chief Administrati

shall be under this department the

Fvices Division to be headed by a
'e Officer;

(b) Personnel Management Division to be headed by a

Chief Personnel Officer; and

(c) Security Division
Officer.

fo be headed by a Chief Security

2. Legal Affairs Department to be headed by a manager for Legal
Affairs. There shall be under this Department the following

divisions:

(a) Clerk of Court Di¥ision to be headed by a Chief Clerk of

Court;

(b) Inspection and Infestigation Division to be headed by a
Chief Registry Inspector; and
(c) Law Division to be headed by a Chief Legal Officer.

(d) Department on Registration to be headed by a manager for
Registration. Therp shall be under this Department the

following divisions:
. Surveys Division;

|. Subdivision & Con:
. Docket Division to

Rwne

. Ordinary & Cadastral Decree Division;

golidation Division; and
pe headed by a Docket Chief.



al

(e) Financial Management Department to be headed by a

Manager for Financial Management. There shall be under

this Department|the foliowing divisions:

1. Accounting Pivision to be headed by a Chief

Accountant;
2. Budget and

ind
nance Division to be headed by a

Chief Financial Officer.

(f}Land Records & Information Technology Department to be

headed by an

1.7. expert. There shall be under this

Department the following divisions:

1. Systems Progtamming Division; and

2. Computer Opération Division.

(9) Planning and M@nitoring Department to be headed by a

Public Manager.
following divisior
1. Planning and
2. Internat Audit]

[here shall be under this Department the
lonitoring Division;

Division; and

3. Special Projects and Programs Division.

There are hereby created seventeen (17) Regional Offices of the

Land Registration Authority to
assisted by a Deputy Regional
from the central office to the
full complement of staff shall

lbe headed by the Regional Director and
Pirector. Full decentralization of functions
gional office is hereby adopted, hence a
be provided to absorb administrative,

financial, and personnel functior|s at the regional offices.

The seventeen (17) Regiops are the following:

THE NATIONAL CAPITAL REGION (NCR)

17



The National Capital Regid
Pifias, Makati,
Marikina, Pasig, Quezon, San

Muntinlupa,

Valenzuela and the municipality

THE CORDILLERA ADMINI:
The Cordillera Administr:
Provinces of Abra, Apayao, Bei
and the City of Baguio with the cj

Patafiaque,

In, consisting of the cities of Manila, Las
Pasay, Taguig, Mandaluyong,
juan, Caloocan, Malabon, Navotas and

if Pateros;

ITRATIVE REGION (CAR)
tive Region (CAR),
iguet, Ifugao, Kalinga and Mt. Province,

consisting of the

enter at Baguio City;

Region I, Ilocos Region, cdnsisting of the provinces of Ilocos Norte,

Ilocos Sur, Pangasinan and La Union and the cities of Alaminos, Batac,

Candon, Dagupan, Laoag, San Carlos, San Fernando, Urdaneta and Vigan,

with the center at San Fernando,

Region Ii, Cagayan Valley,

La Union;

consisting of the provinces of Batanes,

Cagayan, Isabela, Nueva Vizcaya and Quirino, and the cities of Cauayan,

Ilagan, Santiago and Tuguegarag with center at Tuguegarao, Cagayan;

Region III, Central Luzon,
Bataan, Bulacan, Nueva Ecija,

cities of Angeles, Balanga,

consisting of the provinces of Aurora,

Pymeenae Tarlac, and Zambales, and the

banatuan, Gapan, Mabalacat, Malolos,

Meycauayan, Olongapo, Palayan, San Fernando, San Jose, San Jose del

Monte, Science City of Mufioz ai
Pampanga;

Region IV A- CALABARZON,
Cavite, Laguna, Quezon and Ri;
Batangas, Bifian, Cabuyao, Cal:
Lucena, San Pablo, Santa Rosi

Martires with the center at Calam|

nd Tarlac, with center at San Fernando,

consisting of the provinces of Batangas,
zal, and the cities of Antipolo, Bacoor,
mba, Cavite, Dasmarifias, Imus, Lipa,
, Tagaytay, Tanauan, Tayabas, Trece
a, Laguna;



Region IV B- MIMAROPA,| consisting of the provinces of Marinduque,
Occidental Mindoro, Oriental Mindoro, Palawan and Rombion, and the
cities of Calapan and Puerto Princesa, with the center at Calapan Oriental

Mindoro;

Region V, Bicol Region} consisting of the provinces of Albay,
Camarines Norte, Camarines $ur, Catanduanes, Masbate and Sorsogon,
and the cities of Iriga, Legazpi] Ligao, Masbate, Naga, Sorsogon, Tabaco,
with the center at Legazpi, Albay;

Region VI, Western Visayas, consisting of the Provinces of Aklan,
Antique, Capiz, Guimaras and Ioilo;

Region VII, Central Visayas, consisting of the Provinces of Bohol,
Cebu, and Siquijor, and the cities of Tagbilaran, Mandaue, Lapu-lapu, and
Cebu with the center at Cebu CIty;

Region VIII, Eastern Visayas, consisting of the Provinces of Biliran,
Eastern Samar, Leyte, Norther Samar, Samar and Southern Leyte, and
the cities of Tacloban and Maas|n, with the center at Tacloban City;

Region IX, Zamboanga Péninsula, with the Provinces of Zamboanga
del Norte, Zamboanga del Sur bnd Zamboanga Sibugay, and the cities of
Dipolog and Pagadian, with the|center at Pagadian City;

Region X, Northem MinHanao, with the Provinces of Bukidnon,
Camiguin, Lanao del Norte, Misamis Occidental and Misamis Oriental, and
the cities of Malaybalay, Iigan] Oroquieta and Cagayan de Oro, with the
center at Cagayan de Oro City;

19



Region XI, Davao Region,| with the Provinces of Compostela Valley,
Davao del Norte, Davao del Shir and Davao Oriental and the cities of
Davao, Tagum and Digos, with the center at Davao City;
Region XII, SOCCSKSARGEN, with the Provinces of North Cotabato,
Saranggani, South Cotabato, Siltan Kudarat and the cities of Cotabato,
General Santos, Kidapawan and Koronadal, with the center at Koronadal

City;

Region XIII, CARAGA, wlth the Provinces of Agusan del Norte,
Agusan del Sur, Dinagat Island} Surigao del Norte, Surigao dei Sur and
the cities of Butuan and Surigao] with the center at Butuan City;

THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM)

The Provinces of Basilan,|Lanao de! Sur, Maguindanao, Sulu and
Tawi-tawi and the cities of Igabela and Marawi, with the center at
Cotabato City.

NEGROS ISLAND REGION

The Province of Negros Octidental and the cities of San Jose, Roxas,
Iloilo and Bacolod, with the c@nter at Iloilo City and the Province of
Negros Oriental with the cities gf Bais, Bayawan, Canlaon, Dumaguete
Guihuingan and OTanjay with the center at Dumaguete.

SEC. 11. Office of the Registers|of Deeds and Deputy Registers of Deeds
and their qualifications. There shall be at least one (1) Registrar of Deeds
and one (1) Deputy Registrar gf Deeds for each province and city. An
additional Deputy Registrar of Geeds shall be provided depending upon
the volume of transactions in the Registry. For medium demand registry,
one (1) Deputy Register of Depds, for high demand registry, two (2)
Deputy Register of Deeds, and for very high demand registry, three (3)
Deputy Register of Deeds shall b¢ provided.

20


The Secretary of Justicg shall define the official station and
territorial jurisdiction of each Registry upon the recommendation of the
Administrator of Land Registratign Authority, with the end view of making
every registry easily accesgible to the people of neighboring
municipalities.

The province or city shalt furnish a suitable space or building for the
office of the Register of Deedg until such time as the same could be
furnished out of the national funds.

Registers of Deeds shall|be appointed by the President of the
Philippines upon the recommendation of the Secretary of Justice. Deputy
Registers of Deeds and all other bubordinate personnel of the Registries of
Deeds shall be appointed by thp Administrator of the Land Registration
Authority.

No person shall be appointed Register of Deeds unless he has been
admitted to the practice of law| in the Philippines and shall have been
actually engaged in such practice for at least three (3) years or has been
employed for the same period|in any branch of government and the
function include the registration f property.

The Deputy Register of Deeds shall be a member of the Philippine
Bar. However, no Register of Deeds or Deputy Register of Deeds holding
office shall be removed from offide or be demoted to a lower rank or scale
of salary by virtue of the passagg of this Act except when such removal or
demotion shall be for cause and upon compliance with due process as
provided for by law. (n)

21



we wR

owe IO

SEC. 12. Compensation, Benefits and Privileges.- The Regional Directors,
Assistant Regional Directors anfi Register of Deeds shail have the same
rank, prerogative, salaries, allbwances, benefits and privileges of the
Members of the Judiciary specifipd as follows:

[SALARY GRADE
FROM] TO
RRD REGIONAL TRIAL COWRT JUDGE 27 29 ~
ARRD | METROPOLITAN TRIAL COURT JUDGE 25 27
RD TRIAL COURT JUDGE|IN CITIES 25 26
DRD MUNICIPAL TRIAL COURT JUDGES 23 25

The positions and salaries of personnel in the Land Registration
Authority shall be increased t® the level of their counterparts in the
Judiciary. Subject to the availability of funds, the salaries and privileges of
Personnel of the Land Registratlon Authority granted under this Act may
be further increased to match ahy corresponding increase in salaries and
privileges that may be further granted.

Subject to the availability Jof funds, the Land Registration Authority
may provide its employees the following benefits:

1. Health Care Services through a Health Maintenance
Organization (HMO). Expenses for the mandatory annual
executive check-up pf the Administrator the Deputy
Administrator, Department Heads and Regionai Directors
shall be for the accour{t of the office;

2. All employees shall be covered by Accident Insurance
Policies procured by the office at its own expense during
travels while in the petformance of their official duties and
functions;

22



3. A Provident Fund whith shall consist of contributions made
both by the Land |Registration Authority and by its
Registers Of Deeds and other officials and employees to a
common fund for the) payment of benefits to such officials
or employees;

4. Without prejudice to efficiency in the service, scholarships
to deserving employees on official time and at the
expense of the Registers of Deeds to enhance their skills.
Scholars under this |provision shall be selected on the
basis of competitive examinations;

5. With the consent of|the officials and employees of the
Land Registration [Authority, a superfund to give
opportunity for a better retirement shall be opened.
Everyone employed jin the Land Registration Authority
shall invest or contriute to this superfund in the amount
of his choice. | Upon his retirement, this.
investment/savings | shall be returned to the
employee/official in lump sum, tax free.

All officials and personnel|of the Authority shali be exempted from
the Salary Standardization Law.

The Authority is hereby authorized to automatically retain 50% of
all revenues derived from collection of registration fees, charges and
other sources for capital outlay for infrastructure, procurement of
equipment and services related to the development, updating and
maintenance of State-of-the-art computer land information and data base
system, training and skills upgrading of personnel including grant of

23



allowances not to exceed 30% af the basic salary of the personnel of the
Authority. (8a)

SEC. 13. General Functions of Registers of Deeds. - The office of the
Register of Deeds constitutes a qublic repository of records of instruments
affecting registered or unregistered lands and chattel mortgages in the
province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register
an instrument presented for registration dealing with real or personal
property that complies with dll the formal and legal requisites for
registration. If the Instrument ig not registrable, he shall forthwith deny
registration thereof and inform ithe presentor of such denial in writing,
stating the ground or reason therefor, and advising him of his right to
appeal by consulta in accordance{ with Section 131 of this Act.

In case a registrable instrument cannot be registered for some
other reasons, he shall likewise forthwith inform the presentor in writing
stating the reasons therefor. Nonetheless, it shall be the duty of the
Registrar of Deeds concerned to [undertake the necessary steps to resolve

the matter/issue the soonest.

Unless ordered by the couft for cause shown, certificates of titles,
survey plans, deeds, instrumentg, orders, and other papers in connection
with, or relative to, any title,! interest, or right in real or personal
Property; primary entry books, régistration books, and other books where
records and annotations are made shall not be removed from the register
of deeds. (10a)

SEC. 14. Discharge of Duties of | Register of Deeds in case of vacancy, etc.

24


(1) Until a regular Register of Deeds shall have been

appointed for a province

office, or upon the

bccasion of the absence,

or city, or in case of vacancy in the
illness,

suspension, or inability df the Register of Deeds to discharge

his duties, said duties
following:

(a) For the province

Register of Deeds,

Deeds, or by the
should there be o

shall be performed by any of the

lor city where there is a Deputy
by said Deputy Register of
second Deputy Register of Deeds,
je;

(b) For the province df city where there is no Deputy or

second Deputy R
shail designate an!
qualified personn
may be determine

jister of Deeds, the Administrator
officer-in-charge from among the
i of the Registry concerned as
H by him;

(2) In case of abserice, disability or suspension of the

Register of Deeds without pay, or in case of vacancy in the

position, Administrator
payment of an additional
Officer-in-Charge, such ai

jay, in his discretion, authorize the
pensation to the official acting as
ditional compensation together with

his actual salary not to exceed the salary authorized for the

position thus filled by him.

(3) In case of a newly-created province or city and pending

establishment of a Regist

regular Register of Deed:

Register of Deeds of the

of Deeds and the appointment of a
for the new province or city, the
mother province or city shall be the

ex-officio Register of Deeds for said new province or city.

(11a)

28


SEC. 15. Owner's Index; Reports. - There shall be prepared in every
Registry a computerized index dystem providing for a list of the names of
all registered owners alphabetitally arranged and all lands registered in
their names, the title numbers and all other co-owners, if any. (12a)

SEC. 16 Chief Geodetic Engineer. - There shall be a Chief Geodetic
Engineer in the Land negisraton Authority who shall be the technical
adviser of the Authority on alll matters involving surveys and shall be
responsible to him for all plats, plans, and works requiring the services of
a geodetic engineer in said ofthe He shall perform such other functions

as may, from time to time, be a$signed to him by the administrator. (13)

IAPTER III
omamnhe REGISTRATION
I. ORDINARY REGISTRATION PROCEEDINGS,
A. APPLICATIONS

SEC. 17. Who may apply. - Th¢ following persons may file in the proper
Regional Trial Court or in proper cases before the Administrator of the
Authority an application for registration of title to land, whether personally
or through their duly authorized Fepresentatives:

a. Those who by themselves or through their predecessors-in-
interest have been in jopen, continuous, exclusive and
notorious possession afd occupation of alienable and
disposable lands of the| public domain at the time the
application for registration of title is filed, under a bona fide
claim of ownership for at jleast thirty (30) years immediately
Preceding the filing of the ppplication for registration of title of
lands of the public domain which has been declared alienable
and disposable at the timp the application for registration of
title is filed.

26



b. Those who have acquifed ownership of private lands by

Prescription under the provision of existing laws.

c. Those who have acquited ownership of private lands or

abandoned river beds by|right of accession or accretion under

the existing laws.

d. Those who have acquin
manner provided for by |

Where the land is owned
application jointly.

Where the land has beer

d ownership of land in any other

in common, all the co-owners shail file the

sold under pacto de retro, the vendor a

retro may file an application ffor the original registration of the land,

provided, however, that should

the period for redemption expires during

the pendency of the registration proceedings and ownership to the

property consolidated in the vendee a retro, the latter shall be substituted

for the applicant and may continue the proceedings.

A trustee on behalf of

his principal may apply for original

registration of any land heid ip trust by him, unless prohibited by the

instrument creating the trust. (

SEC. 18. Form and contents. -|
be in writing, signed by the app
behalf, and sworn to before am

4a)

The application for land registration shall
icant or the person duly authorized in his
officer authorized to administer oaths for

the province or city where the application was actually signed. If there is

more than one applicant, the application shall be signed and sworn to by

and in behalf of each. The app

lication shall contain a description of the

land and shall state the citizenship and civil status of the applicant,

aT


whether single or married, an}, if married, the name of the wife or

husband, and, if the marriage Has been legally dissolved, when and how

the marriage relation terminatdd. It shall also state the full names and
addresses of all occupants of thp land and those of the adjoining owners,
if known, and, if not known, it shall state the extent of the search made

to find them. (15)

The application, shall, in frm, be substantially as follows:

Republi
Regional Trial Co!

The undersigned,
applies (or apply) to ha

of the Philippines
rt of —
_ hereby

ve the land hereinafter described

brought under the operatipn of the Property Registration Act,
and to have the title thereo registered and confirmed:

AND DECLARE .

1.That the applicants

is/are the owners of the land (by

virtue of inheritance or deed of sale or conveyance and/or

possession in accordance with Section 17 of said Act, together

with the building and
exception of the following:

improvements thereon, with the

|

which is/are the property of

residing at

The said land, consi

isting of

Parcel/s is/are situated, bounded and described as shown

on the plan and tech]

ical descriptions attached hereto

28


Soxrnraueon

un

13
4
15
16
17
18
19
20
2b
22
2
ry)
25
26
27
28
29
30
31
32

and made a part hereof, with the following exception/s:

2. That said land at the last assessment for taxation was

assessed at P___ , Philippine currency,

and the buildings Jand other improvements at P
,| Philippine currency.

3. That to the bast of my/our knowledge and belef,
there is no mortgage or encumbrance of any kind
whatsoever affecting|said land, nor any other person
having any interest therein, legal or equitable, or in
possession, other thar] as follows:

4. That the applitant/s has/have acquired said land
in the following mann¢r:

(Note: Refer to Sec. [17 of sald Act. State also whether
the property is copjugal, paraphernal or exclusive
property of the applicant/s)

5. That said tand is qccupied by the following person/s:

6. That the names in full and addresses, as far as known
to the undersigned,| of the owners of all adjoining
properties, of the persons mentioned in paragraphs 3 and
5, and of the persons $hown on the plan as claimants, are

as follows:

29


7. That the applicant/s is/are single or married to

(Note: if marriage hag been legally dissolved, state when
and how the marriage Felation terminated.)

8. That the applicant's/s' full name, age, citizenship,
residence, and postal address/es is/are as follows:

9. That (Note: If the land included in the application is
bounded by a pubfic or private way or road, there
should be stated in|this paragraph whether or not the
applicant claims any and what land within the limits of
the way or road anid whether the applicant desires to
have the line of the way or road determined.)

10. That the following documents are attached hereto
and made a part hefeof:

Signed at this day of

, in the year twenty hundred and

Applicant

(Post Office Address)

30



REPUBLIC OF THE PHILIPPINES
F

PROVINCE (OR CITY)

On this — day of Oo, 20

personally appeared befpre me the above- named

known to me to be

the person/s who execute}
made oath that the statem}
knowledge, information and

1d the foregoing application and
ents therein are true of his/their
belief.

The Community Tax Certificate/s
of thd applicant/s a

was/were exhibited to me
issued at

being No. _—
dated , 20

(Notary Public, or other Officer
Authorized to Administer oath)
PTR No.

SEC. 19. Non-resident applicant. ~ If the applicant is not a resident of

the Philippines, he shall file with hi
appointing an agent or represent
his full name and postal address,

5 application an instrument in due form
ative residing in the Philippines, giving
and shall therein agree that the service

of any legal process in the proceedings under or growing out of the

application made upon his agent
legal effect as if made upon the

$r representative shall be of the same
ppplicant within the Philippines. If the

agent or representative dies, or leaves the Philippines, the applicant shall
forthwith make another appointmeht for the substitute, and, if he fails to
do so the court may dismiss the application. (16)

31



SEC. 20. What and where to file. - The application for land registration

shall be filed with the Regiona! Yrial Court of the province or city where

the land is situated. However, the Metropolitan Trial Courts, Municipal

Trial Courts in cities, Municipal

rial Courts, and Municipai Circuit Trial

Courts, may be authorized to Hear and decide land registration cases

involving uncontested lots regardiess of the assessed value and for

contested lots, the current asses}

ed value of which does not exceed one

hundred thousand pesos (P100,900.00) as maybe ascertained from te

corresponding
accompanied by the following:

a. The original plan in tracing

by the chief, surveys di

b. The origina! copy of the ter

latest tax declaration.

The application shall

cloth or sepia copy duly approved

ioh, department of registration, LRA;

hnical descriptions certified by the

chief, surveys division, LRA pr the official so authorized;

¢. The original copy of the gdodetic engineer's certificate or, in

lieu thereof, a certification|

LRA as to its non-availability;

from the chief, surveys division,

d. The official certification fron) the Community Environment and

Natural Resources Office (CENRO) or Provincial Environment
and Natural Resources Offige (PENRO) certifying that the land

has already been declared af

alienable and disposable;

e. Copy of the latest tax declaration duly certified by the

provincial, city or municipal

SSESSOT;

f. All original muniments of title of the applicant which prove his

ownership of the land. This

requirement is not mandatory as

be

32


long as the documents can be produced before the court

during the hearing whenev¢r required or necessary

The clerk of court shall not accept any appiication unless it is shown

that the applicant has furnishes
application and all annexes. (17)

the Administrator with a copy of tne

SEC. 21. Application covering twp or more parcels. - An apphcation may

include two or more parcels of la
they are situated within the sam
time order an application to be

id belonging to the applicant/s provided
province or city. The court may at any
mended by striking out one or more of

the parcels or by a severance of the application. (18)

SEC. 22. Amendments. - Am
joinder, substitution, or discontin|
the court at any stage of the proc

Amendments which shall)
boundaries or an increase in area|
the inclusion of an additional

ndments to the application including
ance as to parties may be allowed by
edings upon just and reasonable terms

consist in a substantial change in the
lof the land applied for or which involve
land shall be subject to the same

requirements of publication and ndtice as in an original application. (19)

SEC. 23. When land applied for| borders on road. - If the application

describes the land as bounded by
state whether or not the applicant

la public or private way or road, it shall
flaims any and what portion of the land

within the limits of the way or roaH, and whether the applicant desires to

have the line of the way or road di

SEC. 24. Requirement of addition

termined. (20)

14) facts and papers; ocular inspection. -

The court may require facts to be|stated in the application in addition to

those prescribed by this Act not

inconsistent therewith and may require

33



the filing of any additional paper. It may also conduct an ocular
inspection, if necessary. (21)

SEC. 25. Dealings with land pending original registration. - After the filing

of the application and before thé issuance of the decree of registration,

the land therein described may still be the subject of dealings in whole or
in part, in which case the interested party shall present to te court the
pertinent instruments together with a subdivision plan approved by the
Director of Registration, LRA in ¢ase of transfer of portions thereof and
the court, after notice to the pérties, shall order such jand registered
subject to the conveyance or en¢umbrance created by said instruments,
or order that the Act of registration be issued in the name of tne person

to whom the property has been conveyed by said instruments. (22a)

B. PUBLICATION, OPPOSITION, AND DEFAULT

SEC. 26. Notice of initial hearing, publication, etc. - The court shali,
within five (5) days from filing of the application, issue an order setting
the date and hour of the initial hearing which shall not be earlier than
thirty (30) days nor later than farty-five (45) days from the date of the
order.

The public shall be given notice of the initial hearing of the
application for land registration by means of (1) publication; (2) mailing;

and (3) posting.

1. By publication. -

Upon receipt of the order of the court setting the
time for initial hearing, the Administrator of Land
Registration Authority shall cause a notice of initial

34


Sewer a1ueun

hearing to be published once in a newspaper of general
Circulation in the Phillppines: Provided, however, that
the publication in the newspaper shall be preserved by
the Land Registration! Authority through digita’ torm.
Said notice shali be addressed to ail persons appearing
to have an interest in the land involved including the
adjoining owners so far as known, and “to aii whom it

May concern". Said notice shall also require sli pers.
concerned to appear in court at a certain date and ume
to show cause why the prayer of said application shail
not be granted.

2. By mailing. -

(a) Mailing of notice to persons named in the
application. - The Administrator shall also, within
seven days after publication of said notice, as
hereinbefore provided, cause a copy of the notice of
initial hearing to be mailed to every person named in
the notice whose address is known or through any
other means authorized by law.

(b) Mailing of notice to the Secretary of Public Works
and Highways, the) Provincial Governor and the
Mayor. - If the applicant requests to have the line of a
public way or road | determined, the Administrator
shall cause a copy of said notice of initial hearing to
be mailed to the Secretary of Public Works and
Highways, to the Provincial Governor, and to the
Mayor of the municipality or city, as the case may be,
in which the land lies.

35


(c) Mailing of notice

io the Secretary of Agrarian Reform,

the Solicitor General, the Director of Public Works, the

Director of Forest)

Development, the Oirector of Mines

and the Director of Fisheries and Aquatic Resources -

If the and borde
sore, or on an

SGN a river, navigabie stream or

arm of the sea where a river or

harbor line has béen established, or on a iake, or if it

otherwise appears from the application or tne

proceedings that

a tenant-farmer or the atonal

government may fave a claim adverse to that of the

applicant, notice

if the initial hearing shall be given in

the same manner to the Secretary of Agrarian

Reform, the we hee General, LRA Administrator, the

Director of Mines

ind/or the Director of Fisneries and

Aquatic Resources, as may be appropriate

3. By posting. -

The Administrator shall also cause a duly attested

copy of the notice of
sheriff of the province

initial hearing to be posted by the
or city, as the case may be, or by

his deputy, ina conspicuous place on each parcel of land

included in the appl
place on the bulletin
the municipality or
thereof Is situated,

date of initia! hearing,

The court may also ca

ication and also in a conspicuous
board of the municipal building of
kity in which the land or portion
fourteen days at least before the

persons and in such manner as it|may deem proper.(23a)

se notice to be served to such other

36


The notice of initial! heating shall, in form, be substantially as

follows:

(Capt
NOTICE OF}

To (here insert the naj
have an interest and the ad;
and to all whom it may con:

lon and Titie}
INITIAL REARING

oe

mes of all persons appeerit
Joining owners so far as kriown,

fern):

An application (or petition) naving been filed in the

above-entitled case by (tu

li name and address) praying tor

the registration and confrpaton (or for the settiement and

adjudication, in case of pet
title to the following describ

ition in cadastral proceedings) of

ed lands:

(Insert description)

You are hereby served this notice to appear before this

Court at its session to be héld at ON thE
day of _ 19 _. at
o'clock in the then and there to

present such claims as yo
portion thereof, and to su

may have to said lands or any
mit evidence in support of such

claim; and unless you appear at said Court at the time and
place aforesaid, your default will be recorded and the title to
the lands will be adjudicated and determined in accordance

with law and the evidence
you will forever be barred fi
Petition) or any decree enter

before the Court, and thereafter
mM contesting said application (or
fed thereon.

37


19
20
21
22
23
24
25
26
27
28
29
30
31
32

Witness, the Hon. |

Regional Trial Court of

day of

SEC, 27. Proof of publication

lend notice. -

_, Judge of the
this

__, inthe year 20

ADMINISTRATOR
Land Registration Authurity

The certutcaton of te

Administrator and of the sheriff cbncerned to the effect tnat the notice of

initial hearing, as required by law
the case before the date of initia!
such fact. (24)

has been complied with shati be filed in

hearing, and shali be conclusive proof of

SEC. 28. Opposition to application in ordinary proceedings. - Any person

claiming an interest, whether named in the notice or not, may appear ana

file an opposition on or before th

je date of initial hearing, or within such

further time as may be allowed by the court. The opposition shail state all

the objections to the application
by the party filing the same and
be signed and sworn to by him or|

If the opposition or the

land shail set forth the interest claimed
lappiy for the remedy desired, and shait
by some other duly authorized person.

adverse claim of any person covers only

a portion of the lot and said portion is not properly delimited on the plan

attached to the application, o1
conflicting claims of ownershi|
boundaries, the court may requi

duly approved by the Chief, Surve

SEC. 29. Order of default; effect.

within the time allowed, the court

in case of undivided co-ownership,

or possession, or overlapping of
the parties to submit a subdivision plan

S Division, LRA. (25a)

- If no person appears and answers

shall, upon motion of the applicant, no

38


reason to the contrary appearin
require the applicant to present e
“To All Whom It May Concern", al

, order a default to be recorded and
idence. By the description in the notice
Il the world are made parties defendant

and shall be concluded by the default order.

Where an appearance has been entered and an answer filed, a

default order shall be entered a
answer. (26)

C. HEARING, JUDGI
ORIGINAL CEI

jainst persons who did not appear and

IENT, AND ISSUANCE OF
‘TIFICATE OF TITLE

SEC. 30. Speedy hearing; ‘eters to a referee, - The trial court shall

see to it that all registration pri

(90) days from the date the case

The Court, if it deems ns
thereof to a referee or a Commi
their evidence, and the referee

edings are disposed of within ninety
submitted for decision.

essary, may refer the case or any part
joner who shall hear the parties and
Commissioner shall submit his report

thereon to the Court within fifteen (15) days after the termination of such

hearing. Hearing before a refere¢ may be held at any convenient place

within the province or city as mah

notice thereof shall have been si

be fixed by him and after reasonable
rved the parties concerned. The court

may render judgment In accordance with the report as though the facts

have been found by the judge hil
may in its discretion accept the r

self: Provided, however, that the court
port, or set it aside in whole or in part,

or order the case to be recommitted for further proceedings; Provided,

Further, that in no case shall the Court render judgment without the
mandatory report from the LRA which is hereby required to submit said
report within thirty (30) days fron} receipt copy of petition. (27a)



SEC. 31. Partial judgment. - In a case where only a portion of the land
subject of registration is contested, the court may render partial judgment
provided that a duly approved subdivision plan showing the contested and
uncontested portions is previously submitted to the said court. (28)

SEC. 32. Judgment confirming title. - All conflicting claims of ownership
and interest in the fand subject of the application shall be determined by
the court. If the court, after considering the evidence and the reports of
the Land Registration Authority, finds that the applicant or the oppositor
has sufficient title proper for ragistration, judgment shail be rendered
confirming the title of the applicant, or the oppositor, to the land or
portions thereof. (29)

SEC. 33. When judgment becomes final; duty to cause issuance of OCT. -
The judgment rendered in a land registration proceedings becomes final
upon the expiration of fifteen (15) days to be counted from the date of
receipt of notice of the judgment by all the parties.

After judgment confirming title has become fina! and executory,
the Court shall, motu propio, and without need of filing of a motion, issue
an order in accordance with Section 44 of this Act directing the
Administrator to issue the corresponding certificate of title in favor of the
person adjudged and entitled to registration. (30a)

SEC. 34. Original Certificate of Title. Every OCT issued by the
Administrator shall bear the date, hour and minute of its entry, and shall
be signed by him. It shall state whether the owner is married or
unmartied, and if married, the name and citizenship of the spouse. If the
owner is under disability, it shall state the nature of disability, and if a
minor, the age. It shall contain ja complete technica! description of the
land as finally determined by the court, and shall set forth the estate of
the owner, and also, in such mabner as to show their relative priorities,

40


all particular estates, mortgages, easements, liens, attachments, and

other encumbrances, including rights of tenant-farmers, if any, to which

the land or owner's estate is} subject, as well as any other matters

properly to be determined in pufsuance of this Act.

The OCT shall bind th
to such exceptions or liens

land and quiet title thereto, subject on'y

may be provided by iaw ft 5

conclusive upon and against all persons, including the Ne

Government and all branches thereof, whether menticned Dy mame on the

application or notice, the same being included in the generai descripuon

“To all whom it may concern”. (Bla)
SEC. 35. Review of Order for|issuance of OCT; Innocent purchaser fer
value-The OI-OCT shall not be
minority, or other disability of any person adversely affected thereby, nor

eopened or revised by reason of absence,

by any proceeding in any dourt for reversing judgments, subject,
however, to the right of any person, including the government and the
branches thereof, deprived of land or of any estate or interest therein by

such adjudication or confirmation of title obtained by actual fraud, to file

in the proper Regional Trial Co|
the OI-OCT not later than one!
entry of such OCT, but in no ca:

irt a petition for reopening and review of
(1) year from and after the date of the
je shall such petition be entertained by the

court where an innocent purchaser for value has acquired the land or an

interest therein, whose rights
“innocent purchaser for value"
it shall be deemed to include
encumbrances for value.

fmay be prejudiced. Whenever the phrase
or an equivalent phrase occurs in this Act,
jan innocent lessee, mortgagee, or other

Once registered, the OET and the certificate of title issued shall

become incontrovertible. Any p|

prson aggrieved by such OCT in any case

may pursue his remedy by action for damages against the applicant or

any other persons responsible f

the fraud. (32a).
41



SEC. 36. Appeal from judgme|

Appeals or to the Supreme
actions (33)

SEC. 37. Rutes of procedure.
inconsistent with the provisi

registration and cadastral casds by analogy or in a «

and whenever practicable and

II. CADASTRAT

urt in the same manner as i

L The Rules of Court shati, «=

ns of this Act,

be ara,

lonvenient. (34)

REGISTRATION PROCEEDINGS

A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION;

SEC. 38. Cadastral Survey pre}

{a) The Administrator

conduct a comprehen|

of the entire country,

SURVEY; NOTICES

aratory to filing of petition. -

lof the LRA is hereby mandated to
‘ive and continuing cadastral survey
pon notice to the LGU concerned. To

this end, he shall direct and order the LRA Regional
Directors to cause to in made cadastral survey of the lands

involved and the pla

prepared in due form.
(b) Thereupon, the Ri
persons claiming any
general public, of the
giving as fully and acc

s and technical descriptions thereof

gional Director shall give notice to
Interest in the lands as well as to the
\day on which such survey will begin,
lurately as possible the description of

the lands to be surveyed. Such notice shall be published

once in a newspaper

the notice in English]

lof generat circulation, and a copy of

or the national language shall be

posted in a conspicuols place on the bulletin board of the

%, etc. - The judgment and orders of the
court hearing the land restrpon case are appeatable to the Court of

ordinary

ter as not

nd

ry character

42


municipal building of t

where the lands or ant

of the notice shall a
municipality as well as

@ municipality and in the Barangay
portion thereof is situated, A copy

ia be sent to the mayor of such

‘o the Barangay captain and hhewise

to the Sangguniang Panlalawigan and the Sangguniang

Bayan concerned.

(c)The Geodetic Enginee

charge of the survey

advance of the date o:
such lands is to begin, which notice shall be posted in the

or other employees of tne GRA Wi:

shall give notice reasonatty

which the survey of any portion of

bulletin board of the municipal building of the municipality

or barrio in which the lands are situated, and shati mark tne

boundaries of the lands by monuments set up in proper

places thereon. It s|

hall be lawful for such Geodetic

Engineers and other ¢mployees to enter upon the lands

whenever necessary fo|

placing of monuments

the purposes of such survey or the

Relative thereto, the LRA may cali

upon the assistance of|the Philippine National Police or the

Armed Forces of tHe Philippines, or of other law

(a)

enforcement agencies

fo ensure the safety and security of

LRA Personnel and the|parties concerned in the conduct of

such survey.

It shall be the duty lof every person claiming an interest
in the lands to be surveyed, or in any parcel thereof, to

Provide the Geodetic &

gineer, upon the latter's request, ait

information possessed| by such person concerning the

boundary lines of any

jands to which he claims title or in

which he claims any interest, otherwise said persons shall
be bound by the findings of the Geodetic Engineers.

43


(e) Any person who shpll willfully obstruct the making of
any survey undertaken by the LRA or by a licensed

Geodetic Engineer duly

authorized to conduct the survey

under this Section, or hall maliciously interfere with ne

placing of any monumdnt or remove such manu:

shall destroy or remove|

land pursuant to law, pe be punished by a fine of fot

more than one hundre

any notice of survey posted on the

thousand pesos (P10

by imprisonment for not} more than six (6) years, or noth

(f) The Regional Director,
approval of the cadas}
Administrator all the nd

within. thirty (30) days trom the
ral survey shall transmit to the
icessary documents needed for the

filing of the appropriate cadastral proceedings as

enumerated under Sectij

1 39 of this Act. (35a)

B. PETITION; LOT NUMBERS

SEC. 39. Petition for registration. - When the lands have been surveyed

or plotted, the Administrator, "presented by the Solicitor General, shali

institute the necessary petition
of the survey by the regional di

ithin thirty (30) days after the approval
Fector in the Regional Tria! Court of the

place where the {and is sitdated against the holders, claimants,

possessors, or occupants of sui

lh ands or any part thereof, stating in

substance that public interest requires that the title to such lands be

settled and adjudicated and praying that such titles be so settled and
adjudicated. However, the Mefropolitan Trial Courts, Municipal Trial
Courts in cities, Municipal Trial Courts, and Municipal Circuit Trial Courts,

are hereby authorized to hear) and decide cadastral cases involving

contested lots, the current assessed value of which does not exceed two
hundred thousand pesos (P200,900.00) as may be ascertained from the
corresponding latest tax declardtion. For uncontested lots, the LRA is

44



3
4
5

13

26
27
28
2
30
34
32

hereby authorized to hear and

ldecide cadastral cases regardless of the

assessed value as may be asceftained from the corresponding tatest tax

declaration. The application shail

king cloth er sepia

Numerical and alphabptical lists of survey cia

be accompanied by the following

Boundary and Index Map in tracing cloth or sepis Copy;

pf exterior boundaries,

Ing cloth or sepia copy

a
b. Technical Description

c Cadastral map in trac

d. Lot descriptions in tre]

e. Numerical lists of survey lots;
t

g.  Surveyor's / Geodetic

The petition shalt contain
accompanied by a plan thereof,

Engineer's certificate:

a description ef the iands and shail be
land may contain such other data as may

serve to furnish full notice to tha occupants of the lands and to all persons

who may ciaim any right or inter

Where the land consists of
different persons, the plan shall

jest therein.

two or more parcels held or occupied by

indicate the boundaries or limits of the

various parcels as accurately ag possible. The parcels shail be known as

“lots” and shail on the plan filed

in the case be given separate numbers by

the LRA, which numbers shali He known as "LRA lot numbers". The lots

situated within each municipality

shall, as far as practicable, be nurnbered

consecutively beginning with flumber “one, and only one series of

numbers shall be used for that
cities or tawn sites, a designatil
numbers may be employed inst
numbers,

The cadastral number of|

purpose in each municipality. However in

In of the landholdings by blocks and fot

tead of the designation by cadastral fot

a lot shali not be changed after finai

decision has been entered decrdasing the registration thereof, except by

order of court. Future subdivisi

ipns of any lot shall be designated by a

45



Feewranuneun

i
12
13
ce
15
16
7
18
19
20

22
23
24
25
26
27
28
29
30
3
32

letter or letters of the alphabet added to the cadastra! number of the lot

ho which a

to which the respective subdivisions pertain. The letter w:

subdivision is designated shall. be known as its “cadast

Provided, however, that the subdivisions of cities or town sites may be

designated by biecks and tot numbers. (36a)

Cc. ANSWER

SEC. 40. Answer to petition in cadastral proceedin

cadastral proceedings, whether named in the notice o: not, stiait appear

S501 10 his.

before the court by himself or by some other authorized p

behaif, and shali file an answer on or before the date of initi nearing or
within such further time as may be allowed by the court. The answer shell
be signed and sworn to by the claimant or by some other authorized
person in his behalf, and shall state whether the claimant is married or
unmarried, and if married, the name of the spouse and the date of
marriage, his nationality, residence and postal address, and shail aiso

contain:
(a) The age of the claimant;
(b) The cadastral number of the fot or fots claimed, as
appearing on the plan filed in the case by the
Administrator, or the block and lot numbers, as the case

may be;

(c) The name of the Barangay and municipality where the
lots are situated;

(d) The names and addresses of the owners of the adjoining
lots so far as known to the claimant;

46


w

(e) If the claimant is in possession of the lots claimed and

can show no express grant of the land by the ment

to him or to his predecessors-in-interest,

state the iength of time he has held such possesucr

the manner In which it has been acquired,
state the iength of time, as far as known, Curing atin!

the predecessors, if any, held possession;

(f) If the claimant is not in possession or

land, the answer shall fully set forth the in

by him and the time and manner of his arquisitser

(g) If the lots have been assessed for taxation, then last

assessed value; and

(h) The encumbrances, if any, affecting the lots and the

names of adverse claimants, as far as knows. (37a)

SEC. 41. Claimant support mechanism. - The Administrator shail hereby
establish an appropriate claimant support mechanism, which shall assist
the claimants in the preparation, and filing of their answers. (n)

D. HEARING; JUDGMENT; OCT

SEC. 42. Hearing, Judgment, OCT. - The trial of the case may occur at
any convenient place within the province in which the lands are situated
and shall be conducted, and orders for default and confessions entered, in
the same manner as in ordinary land registration proceedings and shall be
governed by the same rules. All.conflicting interests shall be adjudicated
by the court and judgment rendered in favor of the persons entitled to the
lands or to parts thereof and such judgment shall be the basis for
issuance of origina certificates of title in favor of said persons and shali

47


have the same effect as certifi
registration of land under ordina

SEC. 43. Previousiy Issued Decre
Decrees.
but was not registered in the R

- If a decree was issug

ates of title granted on application for
land registration procee:

es Not Registered 3°

id under either Act NO AGC We PS LL

egistration Book, tr

proof of the issuance of said dekree, the Gecreed ove:

successors-in-interest, can file 2

said decree, for an Order directing the rogistr
Registration Book and for the issuarice of the conesp

title.

In the event that a decree
totally lost or destroyed, the per

claiming rights from said decreed owner, shali fi

court which allegedly issued sai
issuance of the lost or destroyed!

subsisting certificate(s) of title issued for portions of the land cover

the the
lost/destroyed decree was validly)

lost/destroyed decree,

ch

Petition in the sarne

issued under Act Na. 456 oF

Kon claiming te be the decreed uv.

a pebter before the
gecree, for an Order airecting the re-

decree. If there isfare alr

ere arises a presumption that

issued and registered. (n}

iAPTER IV.

CERTIFICATE OF TITLE

SEC. 44. Preparation of Certificate of Title. - After the judgment directing

the registration of title to land h
fifteen (15) days from entry of

jas become final, the court shall, within
judgment, motu proprio, issue an order

directing the Administrator to isgue the corresponding certificate of title.

The clerk of court shall send,
judgment, certified copies of the

ithin fifteen (15) days from entry of
judgment and of the order of the court

directing the Administrator to isque the corresponding certificate of ttle,

and a certificate stating that

he decision has not been amended,

48



reconsidered, nor appealed, a

Administrator shall cause to be

the correspending Original Cenffeate of Title whicn chai
Ju

faithful to the contents of the J

electronic copy of the OCT shal
Database, while the Original of
concerned for registration and d
accordance with the Implementi
the LRA, The approval by the Adi
OCT shall carry with it the signat

SEC. 45. Entry of Or:
Register of Deeds ot the

gs
the same shall be entered
dated, signed and sealed by th
office. Said certificate of ttle «

thereof. (40a)

SEC. 46. Owner's Duplicate Ceftificate of Tite
certificate of title shall be delivered to the registered owner ur to

authorized representative. If tw
one owner's duplicate certificate|

hd has become final. the

Thereupon,

generated, the origina!

Jgment or Decision Fur ¢

be stared in the ahtuess G8 the Lea

the OCT shall be trans.

rinting of the Owre:

hg Rules and Reyutatoon toe eed

iministrator of

lire of the Ads

Register of Deeds with the

ali lake effect upan the date of entry

The ¢

his duly

or more persons are registered owners,

may be issued for the whole tana, or if

the co-owners so desire, a separate duplicate may be teued to each of

them in like form, but ali outstanding certificates of title so issued shail be

surrendered whenever the
subsequent voluntary transactio

gister of Deeds shail

affecting the whote land or part thereof

register any

or any interest therein. The Register of Deeds shall note on each

certificate of title a statement as

SEC. 47. Electronic Registratio:

jto whom a copy thereof was issued. (41)

Books. - The electronic wage of the

Original Certificate of Title shall he stored in the Database of the Registry

49



of Deeds and this shall constitute
properties. (42)

SEC. 48. Transfer Certitwarte of 7

that may be issued by tne Register

involuntary instrument reiat
entitled “Transfer Certificate of

number of the next previous cert

the fact that it was originally regi

number of the oriyinat certificate

registration book in which the iatt

SEC. 49. Statutory hens <
a certificate of title, und every
taking a certificate of title for vaid
free from all encumbrances exces)

Of the following encumbrances wh)

First. Liens, claims or right$ arising or existing under Sn

Constitution of the Philippines wh

record in the Registry of Deeds in order to be valid 293

5 tb

the electronic registration book for titled

The certfacete
ficate covering the

di,

bt Ulie, and tne vec

pres found

je Ih goed Tadth, 9

those noted in s,

may be subsisting, namety

ich are not by iaw required to appear 2

purchasers or encumbrancers of record,

Second. Unpaid real ope bee levied and asse

years immediately preceding the
an innocent purchaser for value

government to collect taxes payable before that period from

delinquent taxpayer alone.

Third. Any public highway

ed within tre

quisition of any right over the land by
without prejudice to the right of the
the

ir private way established or recognized

by law, or any government irrigation canal or lateral thereof, if ine

30



certificate of titie does not state)

that the boundaries of sucn highway or

irrigation canat or lateral thereof have beer. determined

rbpety or

Fourth. Any disposition of the pro 7
virtue of, or pursuant te, AA she, or aby x camer
agrarian ret : i

SEC. 50. Sratemect of persone’|é Mumstances oo te tety
certificate of tte shail set fort} De Full ames of a

interests make up the tuff own
status, and the names of their +

their citizenship, resiaeace and ju

nthe whote S .

SEC. 51. Gene doctored anu Regiete is
subject to such purden ncldents a8 may atid Wy Spee ot tow
Nothing contained in this Act shah is any way fe

registered land cr the owners therest trom ary cignte on

reiation of husband and wife, ipndiord and tenant, oF try

attachment or levy on éxecutidn, or from hability to any ven ot ary
description established by law oft the fang and the bulking. tercon os

on the interest of tne owner in
laws of descent, or the rights of f
to take the same by eminent do
to be recovered by an assigned

under the laws relative to prefer

other rights or liabilities created by law and appticabie to unrest

land, except as otherwise provida

SEC. 52. Registered land not
registered land in derogation of

acquired by prescription or adver

uch land cr buildings, or to

artition between co-owners of the ight

ain, or to relieve such tan,

in insolvency or trustee in banxruptey

ences, or to change of affect sn any way

id in this Act. (46)

subject to prescriptions Ute te
he title of the registered owner snail De

7 possession. (47)



%

te of tle

SEC. 53. Certificate not subject tb collateral attack. - A certific,

shall not be subject to coliaterai ae sth. It cannot be altered

SEC. 54.

of iand embs

ting at Mies - A bedeite

wed and covered] by a ceriesate

contanaie

thereof separate cecuncates, e:
fle a written request far tne

concerned, &

df the lattes, upon

shail cancel it together with ats offgena: and Mave a hes tiers

certificates as desired, (49a} |

SEC. 55.

EhiviniOr

tract of registered iana whether «

as defined and provided tor unde

Registration Authority 2 Subdivi

boundaries, streets, passagewaysfor open spaces and waternays fats
shait be distinctly and accurately detest ot
|

If a duly approved subdwibion piar

technical descriptions and the corresponding
of title is presented for registratidn, the Register ot 1.

requiring further court approval of said pian, reyrter
accordance with the provisions of this Act: Prov.

J, ume ver

effect tnat

Register of Deeds shal! annotate lon the new certificate ct
the street, passageway or open space, a memorandum tot

except by way of donation in favor of the nationai government, prowece

city or municipality, no portion of any street, passageway, waterway
open space so delineated on the|plan shall be ciosea ¢r sktered vy the
registered owner without the apptoval of the Regional Trai Court of the

province or city in which the land if situated.



A registered owner desiring to consolidate several lots, mto one or

more, requiring new technical descriptions, sh
Registration Authority, a consolidatien pian cf wn er

lots to be affected, us they were before, ana a

Consolidation. Upor the surrender of the owners

the receipt of tne duly approved consatic

concerned shai cance! the corresponding cert

new one for the consolidated lots.

The Authority may not crder or cause atiy ohare

amendment in the ccntents of any Cefttaete of Ui Ge ot Gity tan

including the technical de

registered under the Tor

said certificate of title ana the ionic

the enlargement of the area covered ny the certificate oft
CHAPTER V
SUBSEQUENT REGISTRATION
I. VOLUNTARY DEALINGS WITH REGISTERED LA
GENERAL PROVISIONS

SEC. 56. Conveyance and other dealings by registered owner - Ano

ner

of registered land may convey, mortgage, iease, charge or otherwise deal

with the same in accordance with existing jaws. He May use such for

deeds, mortgages, leases or other voiuntary instruments as are suffici
in law. But no deed, mortgage, lease, or other voluntary instrument,
except a will purporting to convey or affect registered jand shali tuke
effect as a conveyance or bind the land, but shall operate only as a
contract between the parties and as evidence of authority to the Kegister
of Deeds to make registration.


The act of registration shall be the operative act to convey or

affect the land insofar as third persons are coterees att ah cases

under this Act, the rey-stration shah ne made

y Where the ose

of Deeds for the province

SEC. 57. co.

mortgage,

affecting rey

of the Register of Geady for the grou

relates es, De constructrye Aulme te 3!

registering, filing oF ©

SEC. 58. Presentation of Gwore bh dericate wn ety fe ott

No voluntary instrument stall ine regsitered by tne Regt

unless the owner's duplicate certiicate « presented with such pet inent
except in cases expressty provided for in this ACL, OF upon order of the

court, for cause shown.

The production of the owner's duplicate cert

¢

voluntary instrument is presented for registration, <b
authority from the registered owner to the Reguiter of Geeus tie! fer a

new certificate or to make a mdmorandum of reqistratioa in a ive
with such instrument, and the new certificate or memorarduin stan be
binding upon the registered owser and upon all persons canting, Unact

him, in favor of every purchaser for value and in good faitn

In all cases of registration procured by fraud, ine owner City
pursue all his legal and equitable remedies against the purves le such

cider

fraud without prejudice, however, to the rights of any innocent

value of a certificate of title. After the registration of tre Goymnai

Certificate of Title, any subsequent registration procured by the


presentation of a forged duplicate certificate of title, or
i ben :

other instrument, st

For thes parscie ot

confiscate put

the Administrat..

certificate

does net divest

transferes: of tae

than

Sur

Similar memorandum vhait ano be

cancellation or extinguishment ot! sauce oo

same manner. (54a)

SE. 60. Grantee's name, nationality,

other voluntary instrument presented for registration

have endorsed upon it the full Aame, nationolty

address of the grantee or other person acquiring oF chant

under such instrument, and every deed shalt av

grantee is married or unmarried, and if married, the o2

husband or wife. Any change in ¢ivil status app

re
u
tos of tne

done administratively by filing a verified petiticn be
register of deeds, subject to the fules and regulation:

hereunder. if the grantee is a corporation of asyucia!
must contain a recital to show that such corporsticn Gr so

legally qualified to acquire private lands. Any change in the Pas.
corporation of association shail be done by filing wilh the eyater


26
27
28

30
31

Deeds a verified petition together with the amensed Arcies of

dul ved by tne ©

Incorpyratic

subject to the &

be annotates sy

corresponding

such charge

certificates

Notices and

pursuance of tris Act mey Ge sdved

mailing the sorte to tne @

such person resides wethin ce wittiict the Phe pre co tat

in its discretion, require further «

in its opinion the interest of jus

SEC. 61. Primary Entry Book vw blectiy

Registration Fees and alf other fees mandates! hy ir

copies. - Each Register of Deeds shali keep an vice
book in which, upon payment of the entry fee, he shai er

of their reception, all instruments including copies

filed with him relating to registered land. However, before act

can be made, the documents shall be pre-esaniied by a ¢
information officer, to determine if the same could b

Primary Entry Book. He shail, as a preliminary proc

nh rogistratan,

note in such book the date, hour and minute of reception ail
instruments, in the order in which they were received. They stall be

regarded as registered from the time so noted, and the memorandum ot

a vet

each instrument, when made on the certificate of title to wh 3

shall bear the same date: Provided, that the national government es ae


yment

every

involuntary, 9

certificate of ttt

4
5
6  RuMbere:
7
8

oft

130 respective copes = : : , :
14 Deeds, f . a . oy
18 provided tne eventos wore hey

16 representutye Poorer e : fe .
17 former, and a copy of thew res 2

18

i9 Certified copies of aii instruments. ties ae

20 be obtained from the Register of Deeds uf
21 fees, (56a)

23 (A) CONVEYANCES AND TRA

25 SEC. 62. Procedure in registration of conveyanc
26 convey his registered land in fea simpte shall exec

27 and register a deed of conveyance in a form prov:
28 Register of Deeds shall thereafter make out in the reg
29 certificate of title to the grantee’ and shail prepare anc
30 owner's duplicate certificate. The Register of Deeds shal +

31 original and duplicate certificat¢ the gate of transfer, tie

32 page of the registration book in which the new cert



cOMmeyed.

The owner

involuntary

fis duiy au wa
SEC. 63. Proce suce aliere codes ees tees get pat ihe
deed or conveyance an tur a oat te te ot tne 5

spuiunis Shall nave 6

of thus Act. Such deed may ©

upon the graritor’s certificate ot Ut

of the fact that certain ursegrequtest

has been conveyed, and ever tf

effectual for the purpose of shawing th:

gran

conveyed to him, pending the actusi bsuunve
certificate in his name, over the portion cone:

It shall be the duty of the Re
certificate of title for each lot indicated in the

presented for registration, upon the paym

Holders of such titles are hereby required to

proper Register of Deeds for issuance of inaividas
(58a)


1

SEC. 65. Morte, wt of

shall be pegistercs
owner of regr

in a fort sattewnt

instruments stich

merges:

SEC. 66. Rey.

fesse togethers wth tae one

Geeds shall enter uper

the

mec's dupheate varthcate jn imei

The the dues

time of filing and the fe number posig

ed the ©

said memorandum. He shail alse mote on the

filing and a reference to the volume and page of the regpetraten tae

which it is registered. (61)

SEC. 67. Discharge or cancellation. - A mortgage or les
land which by the memorandum a

elapsed or have become ineffective, upon surrender of the ow

duplicate may be discharged or canceled by means oF at ins

executed by the party-in-interest in a form suthicwnt a aw. which «

be filed with the Register of Ogeds who shall miuke the approi

memorandum upon the certificate or title (62a;

pearing in the ceruticate ot tithe, &



SEC. 68. Foreclosure of Mor

recs wet 1 : :

made by & etme Po ite er
the projec frets Fi
filed with the heat aeatattt Hascet ot
made by the ® beth typae

Ir the 7 Led ao eae
the sheritt ip tuvor of the ge ah

the purchases

(b) If the mortgage

of sale, which shall specity the period of redemption theretore ese

vers foreciosed eatratods

by the officer who conducted the sate shail be thed win tee sey

Deeds who shall make @ brief memorancum thereof on ine cert

title.

In the event of reder

A by the murtyasor the Ase noe

Provided for in the second paragraph of this section shat spyiy

shail file with the Register of Oeeds, either a fingl deed oF ee oa utes

by the person authorized by virtue of the power ot

w


the deed of mortgage, or his swarn stat

a De Pegtes of De ena a
eos 4 .

regs!

eG veth the Reuter ot be

Jang tes Any inatiient evden suet

animes

con
Offer Pdaatabie stierest oa aed er Tike ot r
the trust, cenuiber, hints at is
emterec on the feoate; Gat! a foNit: e
entered by the words “in trust" or Cane

and by a reference by netites te the |

the same. A similar memmorarigain snail pe

Labi interest vt

instrument creating of declaring ine trust or other eq

a reference by number to tie certificate of Utle to wytioh at

the volume and page in the registration Book wi when sn tees
(65)

SEC. 71. Trust with power of saie, en., how

st or one:

instrument creating or dectari

contains an express power to seli, martgage or cral ath tee oui we any

manner, such power shall be stated in the certificate of UUe by ine we

“with power to sel", or “pownr te murtgege’, oF Be ay



1 description in case of other powers. Noon vert asters
4 . q 2

7

s

% SEC. 72. tus

ly regintere

Ih certiticate may te

Deeds o! ol atid thar
4
le ube wale
17 reason of any unphent on t Pee cetat
IS wath the Regist Soa Ay havering
9 de tion of ature and iets

SON Sade ASt anfect the tte ef a yao mases

20 acknowledged

21 for value and in goed tart belure ts regestratiun. (686)

24 AL INVOLUNTARY DEAUNGS:

26 SEC. 74. Attachments. - An atta’

Ment, OF a copy GE any wet

27 process issued by a court of record, intended to create or peers aoe
28 lien, status, right, or attachment upon registered tana, shale by feet arc
29 registered in the Registry of Deeds for the province of aity ob win ine
30 land lies, and, in addition to the particulars regained in sich paeee. ful

nuniber

31 registration, shail contain a reference: to the
32 title to be affected and the registered owner oe Garner s Biot, ata


24
25
26
27
28
29

at
32

The adverse cha

days from the date of regis

a) Before the lapse of turty (30) days

a.1) the claimant may withdraw hes adveroe oh

with the Register cf Oeeds a verified 5

effect;

a.2) any party in interest may petition te beget

Court where the jand is situdted far Ube

the adverse claim, amg tne court span, ater ©

render judgment sn the question of th



adverse claim. If the adve: com ie adjyuds

that tne adverse cae

SEC, 76. Sur

en ar ott

and is reyisteres

time of registration

thereafter, send notice by mail to tr

paper has been registered, and requests:
duplicate certificate so that 2 memorandum ct tre 2
lien may be made thereon. (73)

SEC. 77. Dissolution, etc. of attachments, etc

every description upon registered land shall be

discharged and dissolved by any method sutficent -

effect to the continuance, reduction, discharge of dysviui
certificate or other instrument ter that purpose shall be

the Register of Deeds. (72)



YE Teowereee, suet

fdas oF other

instrument made sp trae course dings ty enforce suct Gens.

shall be fie wth the Reaiter of

and required by taw to he ree:

Deeds of the province or cty where tne

iand Mes aac regutered in

registration book, and a sr

FaMdUM Made UROD The proper cest feats

of title in each case as hen or ¢

SEC. 81. Application for new <ettt
period. - Upon the expiration of the tr

redemption after registered lana has bees
sold for the enforcement of a ber of any Jescnption, ex

lien, the purchaser at such sale ar anyone char

consolidate title in his name by registration with



1 the sheriff's ontat of tne

ain ane i
fing and

ne unstitatioe tmeerch tonetter vt voergtn gd

19 land affected and the cegetered Deer

20 registered.

22 The notice of is pendens wnall arly ce regietered in tn

23. cases:

25 a. Action to recover possession of 3

26 b. To quiet title or to remtave ©
7 To partition or ta deisalen a

28 dd. Suits which are brought
29 estate, interest, of right, in seecte s

30 enforce any lien, charge, 9»

Other proceedings ot

cambratine aest t

e
o

affecting ttle to Jain oF the Gse ors



: cr the bulange thetain And the fo tne
‘ ed th a 3

2 Tre autod of as pendent cachat De rege

2» title To the property 1s net the vers ix not oF

a appesi,

2 d. Proceeaings for the ais

B e. Incriminal cases except upon ordur of tr

25 SEC. 83. Canceliation of iv
26 fis pendens may be canceled upon or

21 showing that the notice is fer the purpe
28 or that it is not necessary to

Act tne Ights of the porn

29 to be registered. It may alsa be canceled by the &

30 verified petition of the party who Grused the reqistrchote tuerect


fn fier af tee wast, er

5 cae : 4 . a
© aden oy . woe boone . r

a Uniy the court where the

der ts wenteilation prar te Gna!

S enbored tor the giles

Med Wo regitabon on presentat

20 thereof from the ciers of court where th

21 of Deeds fer the provinces of city where tne tard ines

22. memorandum upon the certificate of btie ©

23 judgment relates. It the Judgment aos not apply +
24 in the certificate of titie, the cortific ate of
25 action is pending and the memorandum esteres e iit:

26 shall contain a description of the !soq atte,
27
28 «SEC. 85. Judgment adjudicating &

ership.

29 113 of this Act, when in any action to recover the

30 or an interest therein, execution bus been sued 9 faves oo

31 the latter shall be entitled to the uniry Gf a Rew oor


the cancellation of the original Greet ganers chineate of me
: Lagrerceter (Ya
bs . on ae - ent

SEC. 87. fuser

3

rthen. in

gland, afer the entry at Un: Gaal juagieent of panniers, a soje

reyister

of such final judgment. certified by The viere of the court rercering the

the

same, shall b¢ filed and veg

eupen. if the band is

owners in severalty, each owner she entitled te

entered showing the share set off te tot wi severally
owner's duplicate thereof

If the land is ordered by tne court ta pe nt,

rate Of (he @etatos ot tak or 2

assigns shall be entitled to cur

upon presentation of a certified spy Gf the fut yma nen tecreny Ge cathy

parties upon payment to the ott
party to whom the tand is tous asagned stu he entecal ta Paws a

bs


certificate of title entered in his favse upon pre

shant the petten

ner certficates of tele. (dled

ars thal a morgage

fthe

registered,

SEC. 89. Notice of aseleence eT

insolvency, or analogous proceecissss.

owns registered fand, it shal! be the duty

of the institution of such proceedings ga the wets

with the office of the Register of Deeds

land of the debtor lies. The assignee or trust

such proceedings shall be entitled to the entr

registered land of the debtor or bankrupt, upon

certified copy of the assignment in insolvency ar Order oe

bankruptcy with the insolvent's or bankrupt's

but the new certificate shail stata that it i



18
9

20

insolvency or trustee in pankruptey ot other porese ys tne t

to ten

proverce, city,

cueh night snag t

Wstty a4 certified copy of the judgment

LB: dn adequate description,

optiated, Nie number of the cert.

pur’,

use, A memes

each certificats af title by tae Recuster «

title is taken, 3 fiev corte

Government,

VeoGOe, Gite, TOR Ipal

instrumentality eaercs

kote: the fan se cakes

“grandam of regetraten

expenses incident to the +

incident to the memorndum a registratisa cr «sus

certificate shall be for the
interest therein. (85)

sovount of the authority tak

SEC. 92. Extrajudicial settiorne

settlement has been duly

stured the Reguter of Oe

on the proper title thy lwo year ben mentioned ws Seston 2a



2

26

the Rules of Court

from ire
by the rene

thar ao clas

Register ot

the nec

Electror

tithe

fo deed Of extrajudicial setter: acre

shali be segestered unless the fact of sarajo

adjudication is Gublished once a week for three ne
Newspaper of general ores in the province ant ge find
with the Register of Ques The praof may congut of the certiticatins of

the publisher, printer

business or advertising
of each week's issue of tne n

(86a)

deal with the same, he shail file with the office of the kay

certified copy of his letters of administration or i there ts 4%

witty the

copy thereof and the order allowing the same, tuget

testamentary or of administration with the will annexed, as tne ©

be, and shall produce the duplicate certificate of Utie, ana tn

randuer in

Register of Deeds shall enter upon the certificate a mer
making reference to the letters and/or wil! by their fife number, aud me
date of filing the same. (87)

SEC. 94. Dealings by administering subject to cow.

memorandum of the will, if any, and order slowing the sate ard i



tet

copy a!

provided in tine Aer, that rec

Own use, oF trust,

to himsetf apoe thy register iy Lke mance 2
conditions

deed tec

WO Lo bike righ

the oti

SEC. 96, When execuion ermpe

a deceased ow

the executor to sell, <

land, a certified copy of tne x

provided in this Act, such exec

otherwise deal with the lana purssant to the ¢

were registered owner, subject to the 1
limitations expressed in the will. (90)

SEC. 97. Transfer in anticipation of final a:

court having jurisdiction of the testate or inte

executor or administrator to take over and transfer t

heirs, or any of them, in anticipation of final distetatios o or the
whole of the registered land to which they might » feat
distribution, upon the filing of a certified copy of such oder on te office
of the Register of Deeds, the executor or adimnistiatas aay couse such

2 case of

transfer to be made upon the register in like manney 2

sale, and upon the presentation of the owner's duplrate cortbhcate te


*

ce rae

lo
u

2
B
4
15
16
7
18
19
20

2
23
24

26
2
28

30
3

SEC. 98. Registration of Anal

the partition a

1on, together va

the court approving the same or otherwise ne

supported by evidence af payment ot est

moter af £

as the cae may be, shail be fited with the

te cerbtir

the presenta of the awner's du

i! shall be issued te the parties severaiy ©

certificates of ti

in accordance with the approved partition and distribution, {40}

CHAPTER VIE
ASSURAN:

SEC. 99. Contribution to Assurance Fund. - Upon the en

of title in the name of the registered owner, and aise upon the cre

registration on the certificate of title of a building or other impeovements

fof the

on the land covered by said certificate and upon the registrat

aid to

enabling or master deed in a condominium project, there snali be p
the Register of Deeds one-half of one percent of the zona! value or
market value, whichever is higher, of the real estate on the basis of the

last assessment for taxation purposes, as contribution to the Assurance

Fund. Where the land involved has not yet been assessed tor taxation, its

ssor of the

value for purposes of this act shall be determined by the asse
province or city where the property is located, as to the fair valuation

Nothing in this section shall in any way preclude the court fram

increasing the valuation of the property should it appear during the
hearing that the value stated is too small. (93a)

crt


a

30
31
32

SEC. 100. Custody and investment of fund. -

Register of Deeds under the preceding seat

Land Registration Autno

inde

sper

paid to the nal

treasurer, The ocitecter

government finaricis) isitution

benefit of the ompinyees ¢
their income

All pending cases or claims against the assurar

resolved by the Supreme Court. (944)

SEC. 101. Action for compensation tur funds.

negligence on his part, sustains loss ar da

any estate or interest therein in conse

under the operation of the Torrens system of

registration of land, through fraud or in conseq.

omission, mistake or misdescription in any certificate of Ge

entry or memorandum in the registration book, and who b

of this Act is barred or otherwise preciuded under the provisic

interest therein, may bring an action in any court of compe

jurisdiction for the recovery of damages to be paid out of the Ass
Fund. (95)

surance

SEC. 102. Against whom action filed. - If such action is brought to
recover for loss or damage or for deprivation of land or of any estat

or

interest therein arising wholly through fraud, negligence, on

es10n
mistake or misfeasance of the court personnel, Register of Deeds, his
deputy, or other employees of the Registry in the performance of their
respective duties, the action shall be brought against the Register of
Deeds of the province or city where the land is situated and the Land
Registration Authority as defendants. But if such action is brought to

18


20

recover for loss or damage or for deprivation of fand or of any taterest

therein arising through fraud,

ther tha

misfeasance of person

his deputy or athe

mployees of

Solicitor Generai in person ar by to
ali such suit. with the aid of the Public Pros
where the land hes: provid Aut

construed to deprive the planntiff of any night of action whan he

against any person for such joss or dantage or deurivatio ass jarninig

the Land Registration Authority as party defen

bin every acnan hied

against the Assurance Fund, the court shail consider Une report of the

Administrator of the Land Registration Authority. (96a

SEC. 103. Judgment, how satisfied. - If there are defendant: ott

ee

the Land Registration Authority and the Register of Deeds and »
is entered for the plaintiff, and against the Land Regis

vOnty
the Register of Deeds and any of the other defendants, execution strait
first issue against such defendants other than the Land Reqstatfon
Authority and the Register of Deeds. If the execution  retu

edt

unsatisfied In whole or in part, and the officer returning the same cert

that the amount due cannot be collected from the and ar ger
property of such other defendants, only then shall the court, upon projet
showing, order the amount of the execution and costs, or so much thereat
as remains unpaid, to be paid by the Land Registration Authority out of
the Assurance Fund. In an action under this Act, the plaintiff cannot
recover as compensation more than the fair market value of the iand at
the time he suffered the loss, damage, or deprivation thereof. (97a)

SEC. 104. General Fund when liable. - If at any time the Assurance Fund
is not sufficient to satisfy such judgment, the Land Registration Authorty

16


shail make up for the deficiency from any funds availabie 'r tre treasury

not otherwise appropriated. ($84)

SEC. 105, Suite.

where payment f.

accordance

the provisions of

Republic of the Prisppines shail be subro

The tan

against any other pa:

shall enforce saiy rights and the amount recovered sho}

(99a)

account of the Assurance Fi

+ Metres it

SEC. 106. Register of Deeds az party in +

the Assurance Fuod may be table for dae

rears That

to the unlawful or err suanre of ©

of Deeds concerned shall be deemed 2 5

upon authority of the Acministrator, f

annul or amend the title

The court may order the Register of Deeds te amend or cancet «
certificate of title or to do any other act as may be pst
(100)

SEC. 107. Losses not recoverable. - The Assurance Fund shail

liable for any loss, damage or deprivation caused 9+ cccasioned by a
breach of trust, whether express, implied or constructive or by any
mistake in the resurveyed or subdivision of registered land resulting ot
the expansion of area in the certificate of title. (101)

SEC. 108. Limitation of Action. - Any action for compensation against the
Assurance Fund by reason of any loss, damage or deprivation of land or

any interest therein shall be instituted within a period of six years from

the time the right to bring such action first occurred: Provided, That tie


right of action herein provided shall survive to the legs

the person sust

4 toss or dam

Provided, further, That if a

Person entitled te feng such «

or otherwise «.

by or under ms:
after such 4
the origina’ per

CHAPTER Vill
REGISTRATION GF PATENTS

SEC. 105.

is alienated, granted or

Hie purquant to nstent

veyed by the

same shal! be brought forthwith under the sper

be the duty of the official iss the instru

patent or conveyance in behalf of the Government, to !

certification from the Land Registration Authority that the pate

not overlap other previously decreed or tiled properties, before witn
the Register of Deeds of the province or city where the iand ties, and so
be there registered like other deeds and conveyance, whereupon a
certificate of title shall be entered as in other cases. of ©

istered land,

and an owner's duplicate issued to the grantee. The ved,
or instrument of conveyance from the Government to tt
not take effect as a conveyance or bind the land but shait ope

@ contract between the Government and the grantee and a6 eviderice
authority to the Register of Deeds to make registration. It is the act of
registration that shall be the operative act to affect and convey the tana,
and in all cases under this Act, registration shall be made in the oftice of
the Register of Deeds of the province or city where the land lies The fees

tration ang

for registration shall be paid by the grantee. After due regist


2
23
24
25
26
27
28
29

31

Agrarian repare &
registry book to be known as the *

issued under PG-27" which shalt be key

of:

a. Al! Cert
P.O. No. 27; and

icaten, of

b. All subsequent transactions affecting

Transfer such as adjustments, transfer, aupncots

cancellations of erroneous Certificates ot Land
(104)

SEC. 111. Certificates of Land Transfer Emancipa!

Department of Agrarian reform shal! pursuant to P.O, No. 27 issu 4
duplicate, a Certificate of Land Transfer for every facd brought under
"Operation Land Transfer", the original of which shai) be kept by the

tenant-farmer and the duplicate, in the Registry of beads.

After the tenant-farmer shall have fully comiied ath the

requirements for a grant of title under P.D. No. 27, a Emancipation

Patent which may cover previously titled er untitied property shall be

issued by the Department of Agrarian Reform.



ee yo

The Register of Deeds shali compinte the entey un the

aforementioned fmancipation Patent and chal assur as onqne
certificate of tien fot ease ef arregetes tures, + et
registered progert, bovee Cae corgi past ty ’ Set
title without ree oe ae OIE OT Sa gle So gee te

be canceled

Inc.

woof death of the grantee

rang his neirs or succes

Reform shali aete

the Register of Oeeds accordir

In case sf subsequent transfer of

Emancipation Patent or a

Emancipation ©.

UPON receipt of the supportial the Degas

Reform.

be charged o ings

No fee, premiuni, of

in connection with Une msuance of an original Eroancipation Pater: eit

the registration or related documents (105)

SEC. 112. Sale of agricultural tand; affidavit. - No

instrument purporting to be a subdivision, mortgage, iease, ae or any

other mode of encumbrance or conveyance of private ayric:
principally devoted to rice or corn or any portion thereof

registered unless accompanied by an affidavit of the vendor or exe:

stating that the fand involved is not tenanted, or if tenanted, the samu
not primarily devoted to the production of rice and/or corn.

If only @ portion of the land is primarily devoted to the produ tiar
of rice and/or corn, and such area so devoted is tenantea, no suzh s

or instrument shall be registered unless accompanied by sn atfdant


stating the area (size) of the portion which is tena

devoted to

instrument

primarily
of said ath.
of Deeds
together worn +

Refer

this ses

with he

with tave. SLi}

SEC. 113. Su:

of withhok! duplicate certtica': vows

wei cert

necessary to issue
instrument which divests the ttie of

consent, or where a voluntary instrumne

of the refusal or failure of the noider to »)

certificate of title, the party in 1

rast may

compel surrender of the same to the Register of Deed

hearing, may order the registered owner or any person withhold
duplicate certificate to surrender the same, and direct the entry ot an

certificate or memorandum upon such surrender. if the persia

withholding the duplicate certificate is not amenabie to the procces ott

rife ate

court, or if for any reason, the outstanding evn

dupe,
cannot be delivered, the court may order the annuimeant of (6 same as
well as the issuance of a new certificate of title in iu thereo! Suche

certificate and ail duplicates thereof shall contain a r f

Ab.

annulment of the outstanding duplicate.


wv

Cer ae ee

The surrender of the owner’s certificate of *

person in

cc The decision n

inal ine prevaiing warty a 2

property, and for the Gt 8 sus

back to the pravaiting party ~
d The decision dectar

and void;

e. The decision must be final and uxecutery (1a? s>

SEC. 114. Judicial Correction, Amendment and Alteration at Cost
-No erasure, alteration, or amendment, shall be made upon the

registration book after the entry of a certificate of title oF
memorandum thereon and the attestation of thie same by the Regist

Deeds, except by order of the Regional Tria! Court. A registered »
other person having an interest in registered property, or, ia proper
cases, the Register of Deeds with the approval of the Admin:
apply by petition to the court upon the ground that the registeres
interests of any description, whether vested, conting:

ant, expects

inchoate appearing on the certificate, have terminated and ceased, oF

that new interest not appearing upon the certificate have arisen «
created; or that an omission or error was made in entering a certifirat

(hat the

bees

r
any memorandum thereon, or on any duplicate certificat
same or any person on the certificate has been changed; «
registered owner has married, or, if registered as married,
marriage has been terminated and no right or interests o

that the



Cea ane

Is

creditors will thereby be affected; or that a co

owned

registered land and has been discove

three years after is dissolutian

and the court may hear and Gete

parties in Interest, aad may a y
certificate, the entry or cancelial
or grant any cther relief unos 3

security
however,
authority to teopen the judge

nothing sili be done or orders

or other interest of a pu
faith, or his heirs and assigns, without ee, oF tr

the owner's duplicate certificate is

be filed as provided in the preceding section, (105u}

and Arter:

SEC. 115. Administrative Correction, Amename:

Certificates. - A registered owner or other person having an wterest

registered property, may file a verified petiuon before the uitice ©

Register of Deeds, praying for the correction of an arror ne “made on tne

certificate of title in cases of clearly typographical or ce
wrongful carry-over of memoranda or omissions therent due to

inadvertence or oversight which do not involve a substar
nature of the property. (n)

SEC. 116. Notice and replacement of fost duplicate cert?

of loss, total and partial destruction, or theft of an ow
certificate of title, an affidavit of loss shall be filed and regi
registered owner, or by an attorney-in-fact, assigns, sucu

the

onan
interest, or any person having an interest in the property wilh the
Register of Deeds of the province or city where the land ties as soon as

3S


26

28
29
0
31

yister of

the loss or theft is discovered in order for the court fr
Deeds to acquire jurisdiction

Upon the petition ef

interest, the Regater of Cees

petition is urcantested, may

which sha’

the lost vujicste certificate, but stath un +

faith anc ag the Griginal on fle with the

thereafter cued:

issuance of the new owner's ¢:

the titie I

imed to be

or Gestroyad 4

the lost owner's di fe certificate 1s

Register of Deeds, it is immeviay

however, to the rights of inmacent holder for

acquired by virtue of the reissued owner's dupscate, ant

duplicate shali be deemed nuil and void. Such ny
encumbrances appearing in the reissued cwner’s copy shai then oe

copied to the original owner’s duplicate. (109)

SEC. 117. Reconstitution of lost or destroyed (a: of} Torrens

% the offices of

Original copies of certificates of title lost or destroyed

Register of Deeds as well as liens and encumbrances affecting
covered by such titles shall be reconstituted judiciaily wi acc

the procedure prescribed In Republic Act no. 26 insofer es

with this Act. The procedure relative to administrat:

lost or destroyed certificate prescribed in said Act is 1
except as enumerated under Rep. Act. 6732 entitled “4r Act

Administrative Reconstitution of original copies of cert
or destroyed due to fire, flood, and other force majeure,”

84


p=

fe

Eexrnsau

ul

3
“4
15
16
17
18
19

2

2
23
24
25
26

majeure as enumerated vier RAE

Administrator thst there s a bes

the territor'a

Mere entry in the Elecrranic
complete act of registration
LRA Cir

No. 3 dated

registration ct transactens pends:

certificute of tile is hereby adapted

Notice of afl hearings of the petions ror

be given to the Regi: f the ohae

and to the Administrator of the Lanc

judgment ordering tne recansttution of @ certic

Forges

final until the lapse of fifteen (15) days from meewist tev

Deeds and by the Land Registration Authority of a notice of secn or sur

judgment without any appeal having been filed By any of such vitiscus

The two-year lien provided under Section 7, kA 2

canceled after the lapse of two years where no claim wh,
upon the filing of a verified petition by the registered ure: o
interested party with the Register of Deeds without nied of a court &
However, the said lien may be canceled before the lapse of two years 5
a court of competent jurisdiction pursuant to section 9 of said Act (1129

+}


26
a7
28
29
30
31

CHAPTER XI
SCHEBULE OF Fi

SEC. 118. Fi
Shenff, the Res

as follows:

A. Fees yc

the clers

1. For Hing an applicatiun for

shall be based an the rosed value of the property for the

current year, in 2 ce with thet

(a) Whea the value sf the prop

tnsusand pesos, farty five y

hundred pes

or fract

pesos
fractional part thereof.
(b) When the value of the property is more tnan two

thousand pesos but does not exceed ten thou
pesos, one hundred and five pesos for tne first three
thousand pesos, or fractional part thereof, and
fifteen pesos for each additional one thousand pesos,
or fractional part thereof.

(c) When the value of tne property is more than ter

thousand pesos but does not exceed one hurd:
thousand pesos, two hundred and forty pesos for the
first twenty thousand pesos, or fractional part
thereof, and thirty pesos for each additional ten

thousand pesos, or fractional part thereof.


frst Ove fur

| oF tractaanal mart tse

If the property has nat &

above prescribed shall be based on
the applicant shail file with his ape’

three disinterested persons that ws

knowledge a fair valuation

wand dec

2. For filing a petition for review of judg

other claim adverse to the registered cwner, tor each pe
one hundred and twenty pesos.

3. For filing a petition after the decision has becorne fina, one

hundred and twenty pesos. If it affects land decrees an more

os. Eat affects

than one case, for each additional case, six pes

several lots or parcels of land in which the petitioners have ao
common interest, each of such petitioners shai pay tne
corresponding fees as if separate petitions had been fied by hin



ey
20

2

23
24

25
26
27
28
29
30
31

B. Fees payable to the Sheriff. - The shee # shu

services re:

proceed." 1y5

1 Fos usenet wits of art

cases

notice:

ne

nial teary of

COA Sous PRES ON the Taney winiuded ie

cts an which @ copy of the

each group of one hundred

is posted.

des travel fees, @:

3 Fer pasting one

conspicucus piace

municipairty, oF muncpat

thereof ties, besite

5 travet fe

Court.

5. For ail other services aot mentioned above, ine ss

fees including travel fees as provided ta the Ru

similar services.

to.
shall collect fees for all services rendered by hin under tes Acton

C. Fees payab! he Register of Deeds.- The Register ar fiends

accordance with the following schedule:


1. Original cemtificate of title. For the wrth, 6 oe ginst

certificate of tithe and

certificate. waty easy fe

thereon o

ete For the ot

of execution, rurey

Pland affected Us

For me anc

5. Release of eng

felease of any encumbrance, excest mermgage

fien for Use cancellation of witch a specific fee is go excruest

herein, for each parcel of jand so released, thirty ne

gated Ine

the total amount of fees to be collected shalt so!

amount of fees paid for the registration of such ercumt

6. Court Order. - For the annotation of an order
for the amendment of, or the making of a me

certificate of title, except inclusion at uschr,

improvements, or any order directing the tedictra
document, or of any right or interest referred to wt sacd craee,
or the cancellation of a certificate of title and/or the wsuaace

We on whit

of a new one, sixty pesos for each certificate ¢

the annotation is made, in addition to the fee: presst

under paragraphs sixteen or seventeen, as the ¢



26

28
29
30
3h

of this subsection, in the same are also due for the

of such docu Tati or interest

7. Buric

the incius.c:

title, sr

allowance of 2 will with

appsintinent of gua:

mmintstes

appointment of receiver, trustes,

Incorporation of any corporation, as:

On OF purty

resolution of its board of directors empawenng an ot

ed and

member thereof to act in behalf of the sane, one fh

twenty pesos; and for the annctation of such pape:
certificates of title when required by wastng laws o
wf pte se

regulations, thirty pesos for each certs

annotated: Provided, however, that when tne certiticate ot

allowance of a will and the letters testameotary or ietters of

administration are filed together, oniy

collected. For registering an instrument of revoca'

the paper mentioned above, thirty pesos, and if annota

f
for

the corresponding certificate of title, eighteen pe

certificate of title.

9. Notice of tax lien, loss, etc.- For the annotancn ot «

notice of tax lien of any description notice of fest di

copy of a certificate of title, order of the court Geci



Cm rewneu

ul
12
3
4

16
17
18
19
20
21

23
ea)
25
26
27
28
29
30
3
32

duplicate or copy null and void, notice of «

f

the cancetiat

titie, thiny pe

10. ©
memers*
certifi
thers »

8 0g

memoreidum made in @

a

certificate of tte ofter a

in the original thereat, of cach

12. No_ specific fee For sity

certificate of titie for which ny eves

for each certificate of uthe, thety pesas

13. Transfer to trustee, exeoutor
For the issuance of a transfer certificate

duplicate, to a trustee, executor, adrmn.

for the cancellation of such certificate of utle ace

new one, including its duplicate, to the cestio4
of trusteeship, sixty pesos. If the certificate cavers iu

one parcel or lot, an additional fee of thirty pesos so
collected for each additional parcel or lot.

14. Transfer certificate of title. - For the issuance of a

transfer certificate of title, including its duplicate, to a
other than those named in the next preceding paragt

pesos, in addition to the fees hereinafter preacr

paragraph sixteen or seventeen, as the case may be


we rw aw

30

subsection, if the same are also due. If the curt

more than cne

Sittwnal to

ment of ty

subject te redevnpnan, or the repurcaase

property so sold; any watrament. order

divesting the title of the regustered owner, except »

trustee, executor, admunistrator er retuiver; eptya te

purchase or promise to sell; any onc

Agige,

lease, easement, right-of-way, or other resi

created or constituted by virtue of a denmcr
agreement, and not as an incidental condensin ot
or conveyance; the assignment, enlargement

novation of a mortgage or of any other reat fght
of mortgage, termination of lease, or

ownership over a property sold witn pact de retic

specific fee is prescribed therefor in the preced

the fees shall be based on the value of the cor
accordance with the following schedule:

(a) Six thousand pesos maximum. When the value ot the

consideration does not exceed six thousand pesos



Cer anew

wo
iW
12
B
ty

16
7
18
19
20
aL

23
pay
25
26
27
28
29
30
31

PESOS

sarudret

venue of the consider, ¥ thousand

Fiat PESOS,

sh exceed oF

pesos UL dee

© hundred Ry pesos

60S, oF fractional part th

each additional five tho

thereof.

(d) Five hundred thousand 2

value of the consideration 1s

thousand pesos but does nor exrees
thousand pesos, three hundred nity «
first one hundred ten thousand

thereof, and twenty pi
thousand pesos, or fractional part tnercof

(e) More than five hundred thousand 5. Wher toe

value of the consideration is more than te Muncred
thousand pesos, one thousand one pundred saty-taw
pesos for the first five hundred twerty tho

or fractional part thereof, and ti


FEewerne

26
27
28
29

additional twenty thousand pesos or froonien part

thereot

ay. pes te ce ome

transactes Banvess, Sie vane of fe fee 6 khter
Paragrays axtec Moss aa Mak Gisee

shed te 34

of thas coma dter ata

hereon

Exchange

2 exchange

af tng tees te be pad by each

vous of che proger’

fromm thats sodden te the valae of any other

connideration,

(b) Hereditary transfer. - ln the transimioian of an

hereditary estate » or the

yut Parvton or subd!

Property among the Heirs, devisees or feyatees.

although with specification of ine cnare ot een or Ue

value of the estate, the b. ton reat
assessed value of the property thus taunted
(c) Partition of hereditary estate, Come is

the partition of an hereditary estate whch ©

name of the deceased, in which deter neat

are adjudicated to each heir devisee or tee, oF Lo

each group of heirs, devisees or legatews, the bust of
the fees to be paid by each person or group, as the case

may be, shall be the tota! current assessed vatuy of the

properties thus adjudicated to each persan or grup
the case, however, of conjugal property, the Busls of ine

fees for the registration of one-haif therevt o |



30

of the surviving spouse shall be the

A ovalue of the gre

ch party bayer

tion, such portion the:

in accordance with the assessed value

land acquired by e. party: buyer,

(f) Conveyance of properties in duterent paces

sale, conveyance, or trarsfer of ore

different cities or provinces, the aawe +
Registry of Deeds where the inst
registered shall be the total sel

properties situated in the respect!

e city oF pre

in the case of lump sum consiavration, sw

thereof as obtained for those properties lyin:
jurisdiction of the respective registry after
the total consideration of the sale, conveya:

transfer in accordance with the current assesse! en
such properties.


30
3h
32

Y pathy,

previnea and

the amo

nt of unpaid paly

are stated in the instrument, in wie

aggregate of s q price ang shave anal we

basis. In  mowewer, where U

of the consideration ws above compu
than the current assessed value of &

city or province concerned, such ausessed vilaz snail be

the basis of the fees in the res; Griksy

or provinces, the basis of the fees i cach
Deeds where the document is ta be rejev ed shail Ge
such amount as obtained for the props: iying within
the jurisdiction of said Registry after orbenin) the
total amount of the mortgage

current assessed value of suc



woe

6
7
8

(i) Release of mortgage. - In the re!

HE oF thet

ue" atsessed values ¢

tase of 8 partiah reivase
af the ow

ve city of arte

nested, however Several Dott

itered, the

S$ correspanding £

tet on the bass of

ference between the 3

fe ot the ¢

mertgage i

as basis for

registration of 2

(j) Certificate of sate. -

auction by virtue of an ors

delinquency in the payment or toes
the property so sold, the tat. <
Registry shall be ten per century at +
repurchase price of the property
jurisdiction of the Registry

van sfhdaye

(k) Affidavit of consolidation of owne

for the consolidation of ownerst property sukh

with pacto de retro or pursusrt to an entre

foreclosure under the provi



23
24
28
26
27
28
29
30
31

Loach, (Cui The extenen contemplated by ne

choamay be given effect without the uece ssi,

iTS

avapon H the periad & From year rp year,

Sahar

The basis she ne the

ue fer tn

ty months If the seman

stripuked the totat arnauat th above

are fh
computed shall be apportioned te vad properties im

ad the

accordant vith thelr assessed villuels,

Proportionste sum thus obtared for ty or

province shail be the tau of ine fees to be colected is

the Registry concerned

termnanor twa

(m) Termination of lease

basis of the fees in each reguthy Shawl be ten per ¢
of the amount used as basis for Bie ube ciaa ot tine feos

paid for the registration ot

(n) Option to purchase or promise ta seli fn rootracts. of

option to purchase or promise to sell, tne bests of the
fees in each Registry shai! be ter per certum of the
current assessed value of the property subte¢ of such

contract in the respective city or previrice


5} Leeoderghien nat stated or fixed or less than assessed
In other transactions where the actual value of
icteration is not fixed in the contract or cannot

2 derercyent from the terms thereof, or, in case of a

Bait, Loew an

transfer, the consideration stated is

current assessed value of the property, the

thy fees shall be the current assessed value of

pasis
the property involved in the transaction, If the

propertias are stuated in different cities or provinces,

the basis of the fees in each Registry shall be the current
aed vaiue of the properties lying within the
ned,

Junsdiction of the Fequtry cance

sument Far furnishing copies of
any entry cr ather papers on file, fifty

wentoves for each hendred words of fraction thereof contained

thus furnished

certifying @ copy £

ext pterading paragraph

send ge pesp fer gach additional o

< for sewing a certifiest® relative to. or

nate ristence of,

ading te

on any records or

99


bew

cwey)|as

10
n

12
13
i4
15
16
7
18
9

For vast commee of a jot, wrespective of

ter ig COMMON to two or 3G

in case the plan is a resurveyed or relocation

(e) | plan an additional $6 per cer? of th
[prescribed above shalt be sus

Provided, however, that the fee us computa

above, whether for subdivision ardour fe vetehstion

subdivision survey, resurveyed or relocation 5
case be less than P8.00 per pia

2. For changing or correcting the namie of any gerson
appearing on the subdivision plan or other pian in order te
have it conform to that stated in the certificate of vile covenng


AGEN Ho Oat x9 Ul 4BUIOD YEA 404] (.<)

an

get jog VeNaBsy Jo s49UJOd UI YX@U BY] 404} (°Z)

6 : ve
DOr (Ase) VOIP 20 449409 UA ISA BY 405) (*T)

cqop aa 4)uo steps? payndaad es ag 07 uejd au] usm (2)

“soil $2 DayNdWOS ag HEYS S20}

iiss PALTAL Ajasew statues ay] UayMm

ALD UI SIGPOEA® ave Ga yo 27ep ayy ‘Aaauns

de Row veld Fo WONesEdad aUa 04 “b

570] MoU

ay ie; oaseu T yctraBeved ur ajar

agi. Map BUI 9} LONIPPR UL

Adaure: PIO aya at Buueedite se joy vad payonog aa preys snsad

Oma io ex Uo! yOsuO pUE UGE

a

aye ‘S!

WADQTIS: UE

yo quolan® ero aAQEN sBay go vonMdulAD sya Uy

ayeaud ALON [sper ge
{ay AG paacidde suet at suoncuosen

Sind aug vo Sumit t

SEM AP
cur 5 YORE ps UaD

5BXD

aM ges

4 yPUS anhas

‘puey ayy



Eeoaer x1 ueun

iL
2

S

HQL.y Farce fet tat. a

i ; : ,

H het Group, Irespecties ub ne t : a

{ seneie :

ved the 4 aso
mbar of its comers, sae fot Being adpusent | 6

first fol or any sthee

7 don-adjadent iut fothe: tran the first. #20 6

pecuve of the nuiniee of ty

corres wee

(4.) ii any fot conrains mor

than twenty corr

‘ier each comer of such lotsa the first mwerty

icoriers

teed : . .

5. For the preparation 4 plore an tracng cloth, te be traced
from an existing pian, compiete with nearaygs and distances of

be 30 per centum of the

corners and tie lines, the for

fees prescribed in paragraph 4 above

6. For the preparation of @ plan in tracity cloth, moe ©

no distances of

from an existing plan, compiete with peanng

ine fee shall be

sides and tie-lines, but using ¢ different

50 per centum of the fees prescribed under paragraph 4

above, if made on a reduced scaie, or &
same fees, if made on an enlarged scale


n any
2 Tears
1D) @ eesti tee Coetay er traction
i
fic Sa Len cornem of fracton thengot 2
day fer each do eacecs of the lirst thirty in2
je) WY the saeteh is peopared i tracing cloth, act 5.00
. te Uie Lat fees a6 puted ...
L(G If the pian or sketch so prepared contains the
: des and t
j
| dines, add to thy tatai fees as above computed
ven thecvot
4 ae _— -
5
6
7 plan on file in the Authority, tre f

7

(a) |For the copy of ary sr

isquare decimeters .

(b) |For one copy of more than te 6.08
decimeters but not exceeding ©
decimeters in size
6.00
(©) |For one copy of more than eighty square a0

pure

decimeters but not exceed



wR wwe

wenty square decimeter in size

(d) |For one copy om excess ot dred twenty

square meturs DY size, the bast rate of

niri

plus f mary twenty Square

@turh of Frachon thereat in gacess

Gone, othe thar

9. For the preparation of tecn

mere copying from an existing copy, there shall be Coie

the fuliowing teen:

(3) |For technic:

descriptia:

typewritten in wiplicate and double-spaced,

certification:

1. | For each lot ..

2. |For each corner of a jot .

For each extra carbon copy, extra «

4. | Minimum total charge . 3.00
(b) | For lot description prepared in tracing
tabulated form) including certification

PLSG

~~ 0.20

3. |For each corner in excess of ten for a lot

(c) [Any common corner shall be counted as many i
as there are lots to which it pertains.

264


12
13

la

16
7
18

10. For certiceti

correctness of

td vunjec ce Sure)

ivision plans, Gf cansekdaver,

iston, resubdivision, of recenaeiidation

work orders, and other plans of simijar mature for the purpase

of verdication and/or approval:

‘For each plan with an aggregate

1,600 sq.m. oF 159 oo @

for each subdivision with an aggregate area af ir

[than 1,000 sq. m.:

For the first 1,305 s.m. .

2. |For every succeeding 1,006 sq. m. or fraction |

thereof

12. For actual field work of subdivision survey, relacal
survey and resurveyed of land, the fees shail te as follows

(a) Subdivision survey:

1. Rural (Agricultural)

Area Survey Fee

For the first hectare . P 350.00

For the 2nd ha. to 10th ha. | An additiona! 60.09 per na



For the 11th ha. to 20th ha. "An additional P30.00 per ha

For the

For the 31st ha. :

For the

First 260 sq.

(b) Relocation Survey or Resurveyed:

The fee for relocation survey or resurveyed shai be one
hundred fifty per cent (150%) of the amount of survey fee
collectible on the basis of the schedule of fees tor subdivision
survey as provided in the preceding paragraph plus one jer
cent (1%) of the assessed value of the land.

Special Account. - Twenty per centum of ail the colfections of
the Registers of Deeds and of the Land Registration Authority
under this Section and Sections 124 and 132 of this Act shai
be appropriated and upon approvai of a budget for i by the
Department of Budget, such amounts shail be disbursed and

tor #

all offices under the Land Registration Authorit:

purchase of necessary equipment, for payment of aie

of officials and employees of the Authority, including
the Registries of Deeds, as authorized by the Adawne

Loe


for contracts regarding security printing of

survey contra: d tor the maintenance ar

expenses of the

SEC. 119. Adm.
Administrator afte

end

on-gaymest of regetration fees due to

underpayment sr

negligence, + or by dehberate act of tes

the same constitute as an

annotated in tne correspurding Certificale of ute free of chatge. (r}

The said tien, upon paymest. or upce groger ton, of tine

discrepancy, as noted, the same shall forthwith be cauteifes oF

discharged upen order of the Adninisteater.

CHAPTER Kil
FORMS USED IN LAND REGISTRATION AND CORVEYANCI

SEC. 120. Forms in conveyanci: umibrunices

g. - Deeds, conveyances, en

discharges, powers of attorney and other voluntary instruments, whuther

affecting registered or unregistered land, executed in accordance with fave

in the form of public instruments shali be registradic: Provided, that,

every such instrument shall be signed by the person or peciuns executing

the same in the presence of at least two witnesses who sha likewise sign

thereon, and shall acknowledged to be the free act ana deed of t
person or persons executing the same before a rotary public or other
public officer authorized by law to take acknowi
instrument so acknowledged consists of two or more p33es inctuding the

agent. Where the

page whereon acknowledgment is written, each page of tne copy which 1s
to be registered in the office of the Register of Oreds, or if
not contemplated, each page of the copy to be kept by the notary public,

ons

except the page where the signatures already appear at the fovt of the

1o7


Cen anne

instrument, shall be signed on the left margin ther ersen or
persons executing the instrument and ther 0
sealed with the

shall be stated i, the acknowl

teria! seal, and this fact

went.

acknowledged relates to & fer mer

bur thereat

two or more par<

in said acknowlety

The Acsr rater shali cause to be prepared

forms as may be necessary ta help faciltete the proceedings
registration and shat! cause te be printed judicial forms for fang wttes

exclusively by the Banko Sentral og Pilipinas.

CHAPTER ATT

DEALINGS WITH UNREGISTERED LANDS:

fered lands

SEC. 121. Recording of instruments relating t unregi

deed, conveyance, mortgage, lease, or other voluntary Instrument
affecting land not registered under tne Torrens systum shail oe vabd,

s such instrument snatl fave

except as between the parties thereto, unt
of the

been recorded in the manner herein prescribed in the offi

Register of Deeds for the province or city wher hencetortty
no transactions affecting unregistered land shail oe sole, transterred,

assigned, mortgaged, or leased, unless recorded under this section

(a) The Register of Deeds for each province or city shati keep
a Primary Entry Book and a Registration Book. The

Primary Entry Book shall contain, among other pa: tars,
the entry number, the names of the parties, the nature of
the document, the date, hour and minute it was presented
and received. The recording of the aeed and other

instruments relating to unregistered lands snail! oe


30

(b)

(c)

(d)

effected by any of annotation on the 3}

therefor in the

have been enter

If, on the face of The wateumen

)

af Reeds shall fortis

sufficient, in flaw. the Beg's

royted Re!

instrument in the md)

aufeunintr athe

Pegioter of Deeds cefene
recotd, vid official shalt advice the party 10 interest?

weitag of tne ground or grounes for his refusal, and (he

latter may appeal the mutter to the Adiinistrater it,
accordance with the pravistons of Gaction 231 of tds Act.

it shail be uriterstocd that ary recur mode vader ths

section shail be without pri with a

better right

After recording on the Record Book, the Register aft Deeds
shall endorse among other things, upon the ©

recorded instruments, the fii nber

well as the hour and minute wher the och
received for recording as shown it the Primary Eary

Book, returning to the registrant or person sn interest the

duplicate of the instrument, with appropriates: annotation,
certifying that he has recorded the wstrument after
reserving one copy thereof to be furnished the provincial

or city assessor as required by existing iaw.

Tax sale, attachment and levy, notice of hspenacns,
adverse claim and other instruments 19 the nature of
involuntary dealings with respect to unregistered fonds,
made in the form sufficient in Jaw, shall tisewise Ue
admissible to record under this section.

a


26
27
28
29
30
3h

(e) For the services to be rendered by the fh of Geeds
unidier th sare onnputt
fees

deeds or struments concerning re

No trar

attesting unre

registered wince: this Act. (4135

SEC. 122. & sig of chattel marty

recorded in the office of the Reg of Deeds nf the prevince or

ty i$ situated or

where the mortgagor resides as well as where the pro

ordinarily kept. (114)

chattel mertgages. -

SEC. 123. Manner of recoré
Deeds shall keep a Primary Entry Back and a Re:

ration Back for crated

mortgages; shall certify on each mortgage files for record, as wert as 09

its duplicate, the date, hour, and minute when the same by hon

received; and shall record in such books any cractel morgage,
assignment or discharge thereof, and any cther instrument rmiatng to 3
recorded mortgage, and all such instruments shali bs presented to him in

duplicate, the original to be filed and the duplicate to oe returned to the

person concerned.

The recording of a mortgage shall be effected by mal
which shall be given a correlative number, setting forth the n:

an entry,

es of the

mortgagee and the mortgagor, the sum or obligation guaranteed, date
the instrument, name of the notary before whom it was sy

acknowledged, and a note that the property mortyayed, #%



terms and conditions of the mortgage, 1s mentioned or an the

instrument filed, giving the proper Pie nurber ther

other instruments re
way Of annotation on the

Book, after the saw

The Register

upon any inertyag such afGcor's

return to the J of the mrsrtya

reference
certified cojiy ti

such copy Wereof, when requested, UpON pavement of the megat fees for

such return ant

2 gre a

quested, apon payment of th

legal tees for

such copy and certify upen cach prirtgage officers reruen of sale oF

a

discharge of mortgage, and upon any other instrument ewlating te such a

recorded mortgage, both on the original and mm the duplicate, the date,

hour, and minute when the same is received for recerd amd record such
certificate index of mortgagors and mortgagees, which record and wsdex

shall be open to public inspection

Duly certified copies of such records and of fled onstrom.

be receivable as evidence in any court. (145)

SEC. 124. Fees for chattel mortgages, etc. - The -e)

Pot Dew

collect the following fees for services rendered by hi

vader UNS section

1.Entry fee. - For entry or presentation of any document in
the Primary Entry Book, five pesos. Supporting papers
presented together with the principal document nved not te

charged any entry or presentation fee uniess the party in

interest desires that they be likewise entered.


v

ee ah ee

0
it
12
3
4

16
7
1
19
20

22
23
24
25

27
28
29
30
31

mortgage, including t

the

nace

fees es! ed ia the Fetiew!

collected:

(b)

(c)

(d)

maxim. sagUAE ot

and p

pot exceed ie

pesos for the first five Ma

fractionay part there

and thee

ariditional five hundred peses, oc fra:

Thirty thousand pesos maxirnum. « véhge the amount of

the mertgage is more than six thexia:

not exceed thirty thousand pesos, erty sight pesas for

the initia! amount not exceeding eight th

and eight pesos for each additional two thessand pesos

or fractional part thereof

One hundred thousand peous miaxiryum. - When the

uSanG

amount of the mort: nore thicty tho

gage

pesos but does not exceed one nandred thousand

pesos, one hundred fifty pesos far the initial amount not
exceeding thirty-five thousand

pesos for each additional five thiusand pesos <f

and fourteen

fractional part thereof.

Five hundred thousand pesos maximurn. - When the
amount of the mortgage is more than one hundred
thousand pesos but does not exceed five hundred

as for

thousand pesos, three hundred fifty-two pe:
initial amount not exceeding one hundred ten treusend



wR ww

ewe re

26
27
28
29
30
3
32

(e)

3. Conveyance of mortgaged property,

pesos and twenty pesos for each

thousand pesos or fractional part thereof

More than tive Mursired sand pests véhen Y

amount ot the ms » mere thaa t nenettodt

pevot, one tnousand one hu

thouse: otaty

pesos far the intial s

ve hundred

twenty thousand pesos, aed thirty fue each

ihonal twenty thousand pesos

frartonal pac

thereof, Provided, however, that registration of the

mortgage in the province where tne property is situates

, further,

shall be sufficient registration and provide

that if the mortgage is to be re: ia more iar

one city or provincy, the Ragister of Sends af the

province where the inst
registration shail coliect
in accordance with the schedule prese
the Register of Deeds of the other city of prov

where the same instrument 1s alsa to be registersd shaif
collect only a sum equivalent to twenty per centurn oF
the amount of fees due and paid in the first city of
province, but in no case shail the fees payable in any
Registry be less than the minimum fixed in tus

schedule.

+ For rec

ding

each instrument of sale, conveyance, or transfer of the
property which is subject of a recorded mortgage, or of the
assignment of mortgage credit, the fee» establishea in the

preceding schedule shall be collected on the bases of ten per

centum of the amount of the mortgage or unpaid balance

thereof, provided, that the latter is stated in the instrunie



Ce Raw se

10
u

2
3
ld
15
16
17
18
19
20
2

2
23
24
25
26
27
28
29
30
31
32

4. Notice of attachment. - For recording
attachment, including the neressary index ©
eight pesos.

5. Release. of

mortgage, including the necessary index and rete
gag ] Y

fees establinhes in the schedule under paragraph (5)

shall be colected on the basis of five per centurn of the

amount of the mortgage.

- For recording each ret

attachment, including the proper annotations, five ges0

7. Sheriff's return of sale. - For recerding eact

of sale, including the index and references

8. Power of attorney, appaintment_of guar B
or trustee. -For recording a power uf atlorney, appeintiment of
judicial guardian, administrator, or trust

ae. OF any alher

instrument in which a person is given power to aét in Behe!
another in connection with a mortgage, ten pesos.

Hoon order

9. No specific fee. - For recording each instru
relating to a recorded mortgage, including the nec

airy index
and references, for which na specific fee is provided above,
five pesos.

10. Certified copy. - For certified copies of records, such fees
as are allowed by law for copies kept by the Register of
Deeds.


Ce UN ane on

11. Certification. - For issuing a certificate

showing the existence or nor-esistence of

registration bnak. 6
certificate

tay

pesos; if i exc:

shall be cciiectea for

ry one

eas of the fret two hundred

part there

eed it

12. Resear

for references to, of researches on any o

ep. - For services rend

requi

file ir. the Registry, there shall be cullucted a fee of bac peeoy

per document,

CHAPTER XV
REGISTRATION OF CONDOMINIUMS:

SEC. 125. Registration of Master Deed. - Any property or properties
divided or to be divided into Condomimums shaft be recorded in the

Register of Deeds of the province or city in which the property
duly annotated in the corresponding certificate of ttie of the ia
latter had been patented or registered under either the Lane Registiatron

and

of the

or Cadastral Acts, an enabling or master deed which sali contaim the

following:

4. Description of the land on which the building or buildings and
improvements are or are to be located;

2. Description of the building or buildings, stating the rv
stories and basements, the number of units and their

er of

accessories, if any;
Description of the common areas and facilities;

4. A statement of the exact nature of the interest acqumrad or to
be acquired by the purchaser in the separate urmits and in


1 common areas of the condominium project: Where bitte ra

2
3 by a condominiim corpocanan, 2 stutenant to Gus 2

4 be included;

5 5. A certificate cf mse ve phet
6 other than tac fas ¢

7 registered holders ARCH On THe Prager
8 that they conuent tu the regrstration

9 6. A sureey included in the reject, unless 3
lo Survey pact OF thy. operty hed previously Down Med ey
u said office ang a diageamenatic floor pian cf cis beuithog
2 bullaings in the project, in sufficient dated to

B unit, ts relative incation ang appre

4 be appendea;

1s 7. Any reasonable restriction not canteary te law, ie:

16 Policy regarding the night of any conuormimums owire
7 alienate or dispose of his condonunium, {n)

18

19 SEC. 126. Procedure for registration: of the Master Deeds and fecteration
20 of Restrictions and Amendments thereto. - The Reyistar of De

shalt

21 enter the Master Deed with Declaration of Res

Tians imchuding the

22. supporting documents and annotate upon the cenificate of btte COVETING
23. the land included within the project. A corresponding registration tee shais
24 be collected based on the assessed value of te praperty/ies divided oF to
25 _ be divided into condominiums. There shall also be collected an assurance

26 fund premium of one-fourth of one percent ot the zonal value of the

27 building or buildings divided or to be divided into condammues, or
28 constituting part of the condominium project.

29

30 The enabling or master deed may be amended or revoned upon
31 registration of an instrument executed by the registeres owner ur owners

&


a)

of the property and consented to by all registered holders of any lien or

encumbrance on the land or building or portion thereof. 1)

SEC. 127. Procedure for tne issuance of

Certificates of Title. - The following procedures st

be at.

Registry for the issuance of individual condeminium certincats of ute

ate certh

it the owner's di

a) The client shati subr

and co-owner's duplicate certificate of title, as the ca
together with the required documents. all information fram

shaii be entered

documents received supporting the transacti
into the EPEB-RL. The date, hour and minute of reception of ait

ceived shal

instruments in the order in which they were re
likewise be noted. The document shall be automaticatty
assigned with an entry number as its contro! or reference

number.

b) The corresponding fees shall be automatically computed by the
system and the corresponding electronic receipt generated upon
payment. In default of payment, the entry made in the EPEB-
RL, shall be rendered of no force and effect.

c) All pertinent data on the current title shall be encoded in the
system and the corresponding annotations shall be made using
the PHILARIS format and templates. If documents received are
complete, the findings of the examination shail be transmitted

to the approving authority.

d) If the transaction is approved, the titles and documents shall be
stamped and signed by the approving authority. A
Condominium Certificate of Title shall then be issued, and its
issuance shall be annotated on the certificate of title covering

7


20

e)

fy

the lot where the Master Deeds is annotated. The Condominium
sard

Certificate of Title shall contain the ictions arrietate:

certificate of title.

The owner's duplicate certificate of utles and ali the ot
submitted by the client shall be scanned, and the ress
images shail be stored in the database. After scanei

documents shall ve kept in the vault for safekeeping

The resulting condominium owner's copy cf UNe, cwrers
duplicate transfer certificate of title, and the duplicate of the:
documents shall then be delivered to the registered ower oF
his duly authorized representative who presents a Letter of
Authority and the valid identification cards of the grantor and
representative, who shall sign the acknowledgment slip

generated by the system. (n)

SEC. 128. Procedure for Initial Sale of Condominium Certificate of Titre. -
The following procedures shali be observed in the Registry of Deeds for
the initial sale of a condominium certificate of title.

a)

The client shall submit the condominium owner's copy of title,
owner's duplicate certificate of title and co-owner's dupticate
certificate of title, as the case may be, together with the
required documents. All basic information from documents
received supporting the transaction shall be entered into the
EPEB-RL. The date, hour and minute of reception of ail
instruments in the order in which they were received shalt
likewise be noted. The document shall be automatically
assigned with an entry number as its control or reference

number,

1s


Sexyuauek

b)

4)

f)

The corresponding fees shall be automatically computed by the
system and the corresponding electronic receipt gener:

payment. In default of payment, the entry made in te
shall be rendered of no force and effect.

All pertinent data on the current ttle stv

system and the ceresponging annetation:

te recewed

the PHILARIS format and templates. If docume
be transmitted

complete, the findings of the examination st:

to the approving authority

If the transaction is approved, the tities and docume:
stamped and signed by the approving auttonty. The COT
then be issued, and the sale shall be asnotate
certificate of title covering the wot where the Master Seed

annotated and on the condominium owner's copy of tithe, whict
will be stamped cancelled. The new CCF shali contain the
restrictions annotated in said certificate of title.

The owner's duplicate certificate of title, and all the documents
submitted by client shall be scanned and the resulting images
shall be stored in the database. After scanning the documerits
shall be kept in the vault for safekeeping.

The resulting owner’s duplicate transfer certificate of ntle,
condominium owner's copy of title and the duplicate of the
documents shail then be delivered to the registered owner or
his duly authorized representative who presents a Letter of
Authority and the valid identification cards of the grantor and
representative, who shall sign the acknowledgment slip
generated. (n)

1g


20
a
22
23
24

25

27
28
29
30
34

SEC. 129. Assessments and Liens. - Notice of assessment upon any
condominium unit must be registered by mans

Register of Deeds of the city or province wher

is located. Upon payment of said ass

Satisfaction thereof, the managemeat ts
release of the lien.

Real prope:

of Deeds of the city or province where su
located. (n)

SEC. 130. Decree of Partiton, Dissotunan or Reorg

receipt of a copy of the decree of partition of e cu
reorganization of the project or for the disso
corporation, the Register of Deeds sha! enter and

the pertinent certificate of title. (7)

CHAPTER XVI
CONSULTAS

SEC. 131. Procedure. - When the Register of Deeds is in ¢
regard to the proper step/s to be taken or memorandum fo be mace in

wht sith

pursuance of any deed, mortgage, or other instrument prese

ed to him

for registration, the question shall be submitted to the Admin:

whose ruling thereon shail be conclusive and binding uzon all R
Deeds.

Where the instrument is denied registration, the Register of Deads
shall notify the interested party in writing, setting forth the defects of the
instrument or legal grounds relied upon, and advising him that sf he is not
agreeable to such ruling, he may, without withdrawing the documents
from the Registry, elevate the matter by consulta within five days trom

XK



receipt of notice of the denial of registration to the Administrator of the

Land Registration Authority thru the Register of f

The Register of Deeds shail make s memerancun a

ab Be Canceled miu O:

consulta on the certificate of title which

the Register of Deeds after finat resolutro
resolution, if withdrawn by petitioner,

The Adminstrator, considering the

certified to him atter notice to the partie

order prescribing the step to be taker or p
However, the party in interest who disagre
ruling or order of the Admunistrator relstive to com
the Court of Appeais within the peried and in marnor
Act No. 5434. (117a)

CHAPTER XVIL
FINAL PROVISIONS:

SEC. 132. Appropriation. - There is hereby appropriated initialiy the sum
.
the National Treasury not otherwise appropriated for the implementatian
of this Act; thereafter, said sum shali be added te the regular
appropriation act of every year. (118)

of _ _} from

SEC. 133. Postage exemption. - No postage stamps or mailing charges
shall be required in all matters transmitted by the Land Registration
Authority or any of its Registry of Deeds in the impiementation of
Sections 24, 45, 112, 132 and 131 of this Act. (119)

SEC. 134. Applicability of the E-commerce law. - The pertinent provision
of the E-Commerce Law as to the acceptability of electronic copies of

ipa


wwe 2a

10
ul

13
4
15
16
7
18
19
20
21

documents as evidence, shail heretofore be acceptable as true copies of
documents required under this Act. (n}

SEC. 135. Promulgation of impieme

ninety (90) days from the effectivity of

the Land Registration = Authority
necessary rules and regulations for the etfecnwe ov
Act. (n)

SEC. 136. Repealing clause. - Ali jaws, decrees, orders, tutes 2nd

regulations, or parts thereof, in confict oF in ent with any of the

provisions of this Act are hereby repeated or modified vce

SEC. 137. Separability clause. - If any pro
subsequently declared unconstitutional, the vataity of the

provisions thereof shall remain in fut force and effect

sioys after

SEC. 138. Effectivity. - This Act shail take effect fifteen +
its publication in the Official Gazette or in any newspi

of

circulation.

Approved,

122