QuestionsQuestions (Republic Act No. 440)
RA 440 amends Section 44 of Act No. 496 (the Land Registration Act) by revising the provisions on cancellation and issuance of new certificates of title when owners reorganize multiple parcels/lots into new titles (either splitting or consolidating).
When the registered owner desires to have several distinct parcels (embraced in a single certificate) issued as separate new certificates, each containing one or more parcels.
It allows the owner to file a petition with the register of deeds; upon surrender of the owner’s duplicates, the register of deeds cancels the old certificates and their originals and issues new certificates as requested.
The registered owner must file with the Chief of the General Land Registration Office (G.L.R.O.) a subdivision plan with boundaries and delineated streets/passageways, if any.
If the plan is approved by the Chief of the G.L.R.O. (or by the Director of Lands as provided in Section 58), and it appears streets/passageways are not needed, the register of deeds may issue new certificates of title for any lot in accordance with the subdivision plan.
No new certificates shall be issued until the subdivision plan has been approved by the Court of First Instance (CFI) of the province or city where the land is situated.
A petition must be filed by the registered owner; the court must conduct notice and hearing and consider the report of the Chief of the G.L.R.O.
That no portion of any street or passageway delineated on the plan shall be closed or otherwise disposed of by the registered owner without prior court approval.
Yes. The court may render such judgment as justice and equity may require, while still subject to the protective condition noted on the proper certificate.
A plan showing the lots to be affected as they are before and as they will appear after consolidation.
Upon surrender of the owner’s duplicate certificates and receipt of proper authority from the Chief of the G.L.R.O., the register of deeds cancels the old certificates and issues a new certificate for the consolidated lot(s).
The register of deeds handles issuance/cancellation upon surrender of duplicates and authority; the Chief of the G.L.R.O. approves subdivision/consolidation plans as specified and provides authority; the Court of First Instance approves subdivision plans when streets/passageways are involved, following notice and hearing.
It is a prerequisite for the register of deeds to cancel old certificates and issue the new consolidated certificate(s). Without such authority, the register of deeds cannot effect the consolidation under the amended provision.
No CFI approval is needed if no streets/passageways are indicated and perimeter is not altered (subject to G.L.R.O. approval). If streets/passageways are indicated, CFI approval is required before issuing new certificates.
Upon its approval (as stated: “This Act shall take effect upon its approval”), and it was approved on June 7, 1950.