Question & AnswerQ&A (Act No. 3322)
Act No. 3322 primarily amends Section 55 of Act No. 496, the Land Registration Act, specifically regarding the filing of the duplicate certificate of title of the mortgagee with the Register of Deeds.
No, the Register of Deeds cannot enter a new certificate or make a memorandum based on any voluntary instrument unless the owner's duplicate certificate is presented, except in cases expressly provided by the Act or upon a court order for cause shown.
The Register of Deeds must enter a memorandum of the court order upon the new certificate of title and upon the owner's duplicate certificate.
If the mortgagee refuses or fails to deliver the duplicate or copy within a reasonable time, after advice by the Register of Deeds, the record or annotation made on the certificate in the register book shall be valid for all legal purposes.
The production of the owner's duplicate certificate is conclusive authority for the Register of Deeds to enter a new certificate or make a memorandum, and such new certificate or memorandum is binding on the registered owner and all persons claiming under him, including every purchaser for value and in good faith.
The owner may pursue all legal and equitable remedies against parties who committed the fraud, without prejudice to the rights of any innocent holder in value of a certificate of title.
Any such registration is null and void.
The owner or someone on his behalf must notify the Register of Deeds of the province where the land lies as soon as the loss or theft is discovered.
No, the Act protects the rights of innocent purchasers for value and in good faith despite registrations procured by fraud.
The Act took effect immediately upon its approval on December 4, 1926.