Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1529)
The title of Presidential Decree No. 1529 is the Property Registration Decree.
Judicial proceedings for the registration of lands are in rem and based on the Torrens system's generally accepted principles.
Courts of First Instance have exclusive jurisdiction over all applications for original registration of land titles.
All lands recorded under the Spanish Mortgage Law that are not yet covered by Torrens title are considered unregistered lands and will be registered under the Torrens system pursuant to this Decree.
The Land Registration Commission is under the executive supervision of the Department of Justice.
The Commissioner must be a duly qualified member of the Philippine Bar with at least ten years of legal practice.
The Commissioner issues decrees of registration, supervises Registers of Deeds, resolves appeals, supervises clerks of court related to land registration, implements rules and regulations, and approves subdivision plans for titled lands under Act No. 496.
Those who have been in open, continuous, exclusive, and notorious possession of alienable lands since June 12, 1945 or earlier, those who have acquired ownership by prescription, accession, or any other method provided by law, and trustees holding land in trust.
It must be in writing, signed by the applicant or authorized representative, sworn before an authorized officer, and must contain a detailed description of the land and personal details of the applicant.
The notice is given by publication in the Official Gazette and a newspaper of general circulation, mailing to interested parties, and posting on the land and municipal bulletin boards.
The court will order a default against all non-appearing persons and proceed to adjudicate and determine the title as requested in the application.
The judgment becomes final 30 days after the receipt of notice of judgment, provided no appeal is filed within this period.
It contains the owner's civil status, description of the land, estate owned, encumbrances, and more; it binds the land and quiets title subject only to legal exceptions and liens noted.
No, it cannot be subject to collateral attack but can only be altered, modified, or cancelled through direct proceedings as per law.
Voluntary instruments must be registered with the Register of Deeds and the act of registration is the operative act that affects and conveys interests to third parties.
The party in interest may file a petition to compel surrender; the court may order surrender or annul the withheld certificate and issue a new one.
Mortgages are registered by filing the deed and noting it on the certificate of title; cancellation is by filing a discharge instrument which is annotated on the title.
An Assurance Fund is established, to which fees are contributed and from which compensation claims may be paid.
The Register of Deeds must be a member of the Philippine Bar with at least three years actual practice or experience in property registration.
The invalidity of that provision does not affect the validity of the remaining provisions of the Decree.