QuestionsQuestions (LRA CIRCULAR NO. 21)
The circular cites Section 58 of P.D. No. 1529 (Property Registration Decree), which allows the Register of Deeds, if desired by the grantor, to enter a memorandum of the deed of conveyance and the issuance of transfer certificate to the grantee for the conveyed lots, while cancelling the grantor’s certificate only as to those lots.
When the land has been subdivided and the Register of Deeds may, if desired by the grantor, enter on the grantor’s certificate and on its owner’s duplicate a memorandum of the deed of conveyance and issuance of the transfer certificate to the grantee for the lot or lots conveyed, cancelling the grantor’s certificate as to those lots.
Yes. It states that if desired by the subdivision owner (grantor), new transfer certificates may be issued over certain lot(s) with corresponding memorandum of transfer, and the mother title shall only be partially cancelled as to the lot(s) conveyed.
No. The circular says it is a wrong practice to impose on the landowner the issuance of individual titles for all the subdivision lots upon presentation of the approved plan for registration, because there is no legal basis for that requirement.
The annotation of the approved subdivision plan presented together with the technical descriptions of the resulting lots on the original and owner’s copies of the mother title is considered sufficient registration.
The circular states the Register of Deeds has no other alternative but to issue the desired certificates.
A memorandum of the deed of conveyance and the issuance of the transfer certificate to the grantee for the lot(s) conveyed must be entered on both the owner’s certificate and the owner’s duplicate, and the grantor’s certificate is cancelled as to those conveyed lots.
The mother title is only partially cancelled as to the lot(s) conveyed, consistent with the memorandum procedure under Section 58.
It states the procedure is not new; it is an accepted practice in registration of titles and deeds.
Because the circular explains that the law (Section 58 of P.D. No. 1529) and the proper procedure allow sufficient registration via annotation of the subdivision plan; thus requiring individual titles for all lots goes beyond what the law authorizes.
It means that the option to issue new transfer certificates only for certain lot(s) (with memorandum entries and partial cancellation of the mother title) is triggered by the grantor’s desire/request—not by a compulsory requirement imposed by the Register of Deeds for all lots.
The approved subdivision plan presented, together with the technical descriptions of the resulting lots, annotated on both the original and owner’s copies of the mother title.
Registering the subdivision plan may be sufficient via annotation of the plan and technical descriptions on the mother title, while issuance of individual transfer certificates for particular lots occurs upon conveyance and in accordance with the memorandum/partial cancellation mechanism under Section 58 when desired by the grantor.