FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No.2 0 22 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Section 70 of Presidential Decree No. 1529 otherwise known as Property 
Registration Decree provides the procedure for the registration of adverse claim on a 
certificate of title. This adverse claim notation shall be effective only for a period of thirty 
(30) days from the date of registration. 
The present law must be amended because apart from being unsound and 
impractical, it deprives a person of his substantial right to have his adverse claim 
annotated. The right of the adverse claimant can easily be defeated by the opposing party 
upon the filing of a petition for cancellation on the sole ground that the 30-day period has 
expired. Afrer which, the adverse claimant has no other remedy since the law provides 
that no second adverse claim based on the same ground shall be registered by the 
claimant. Thus, the reason behind the law is rendered nugatory. 
The previous rule, Section 110 of the Land Registration Act (Act No. 496) which 
provides that “the court, upon a petition of any party in interest, shall grant a speedy 
hearing upon the question of the validity of such adverse claim and shall enter such 
decree therein as justice and equity may require. If the claim is adjudged to be invalid, the 
registration shall be cancelled” is more reasonable and thus, should be revived. 
L &$&*&&Z 
IRIAM DEFE 
OR SANTIA 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
8 &N 29 r- 3 : j , ’ 
First Regular Session 
1 
SENATE 
S.No. ;!n22 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING SECTION 70 OF PRESIDENTIAL DECREE NO. 1529 
OTHERWISE KNOWN AS THE PROPERTY REGISTRATION DECREE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 70 of Presidential Decree No. I529 otherwise known as the 
Property Registration Decree is hereby amended as follows: 
“Section 70. Adverse Claim. - Whoever claims any part or interest in registered 
land adverse to the registered owner, arising subsequent to the date of the original 
registration, may, if no other provision is made in this Decree for registering the same, 
make a statement in writing setting €orth fully his alleged right or interest, and how or 
under whom. acquired, a reference to the number of the certificate of title of the 
registered owner, the name of the registered owner, and a description of the land in which 
the right or interest is claimed. 
The statement shall be signed and sworn to, and shall state the adverse claimant’s 
residence, and a place at which all notices may be served upon him. [The statement shall 
be entitled to registration as an adverse claim on the certificate of title. The adverse claim 
shall be effective for a period, the annotation of adverse claim may be cancelled upon 
filing of a verified petition therefore by the party in interest: Provided, however, that after 
cancellation, no second adverse claim based on the same ground shall be registered by 
the claimant.] 
[Before the lapse of thirty days aforesaid, any party in interest may file a petition 
in the Court of First Instance where the land is situated for the cancellation of the adverse 
claim, and the court shall grant a speedy hearing upon the question of the validity of such 
adverse claim, and shall render judgment as may be just and equitable. If the adverse 
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claim is adjudged to e invalid, the registration thereof shall be ordered cancelled. If, in 
any case, the court, after notice and hearing, shall find that the adverse claim thus 
registered was frivolous, it may fine the claimant in an amount not less than one thousand 
pesos nor more than five thousand pesos, in its discretion. Before the lapse of thirty days, 
the claimant may withdraw his adverse claim by filing with the Register of Deeds a 
sworn petition to that effect.] THIS STATEMENT SHOULD BE ENTITLED TO 
REGISTRATION AS AN ADVERSE CLAIM, AND THE COURT UPON PETITION 
OF ANY PARTY IN INTEREST, SHALL GRANT A SPEEDY HEARING UPON THE 
QUESTION OF THE VALIDITY OF SUCH ADVERSE CLAIM AND SHALL ENTER 
SUCH DECREE THEREIN AS JUSTICE AND EQUITY MAY REQUIRE. IF THE 
CLAIM IS ADJUDGED TO BE EYVALID, THE REGISTRATION SHALL BE 
CANCELLED. IF IN ANY CASE THE COURT AFTER NOTICE AND HEARING 
SHALL FIND THAT A CLAIM THUS REGISTERED WAS FRIVOLOUS OR 
VEXATIOUS, IT MAY TAX THE ADVERSE CLAIMANT DOUBLE OR TREBLE 
COSTS IN ITS DISCRETION.” 
SECTION2. Separability Clause. - Any part or parts hereof declared to be 
unconstitutional by a court of competent jurisdiction shall not affect the validity of the 
rest of the provisions of this Act. 
SECTION 3. Repealing Clause. - Any law, decree, order, ordinance or rules or 
regulations, or any part or parts thereof, inconsistent with any provision of this Act is 
hereby repealed, amended or modified accordingly. 
SECTION 4. Effectivity Claim. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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