QuestionsQuestions (Act No. 496)
The short title is “The Land Registration Act.” It provides for the adjudication and registration of titles to land (and buildings or interests therein) in the Philippine Islands through a specialized court and procedures for original registration and later registration of instruments affecting registered land.
A court called the “Court of Land Registration” is established. It has exclusive jurisdiction over all applications under the Act for registration of title to land or buildings or interests therein, and it can hear and determine questions arising on such applications.
They are proceedings in rem against the land and buildings/improvements. The decrees operate directly on the land and vest/establish title thereto.
It holds sittings in Manila but may adjourn to other places for public convenience and may hold sessions at any time in the capital of any province; it can also schedule sessions at the same time in different places as decided by the judges.
Appeals go to the Court of First Instance where the land lies. The proceeding does not pass to the Court of First Instance for review until final determination of the whole proceeding in which the appealed order/decision/decree was made. The appeal must be made and entered within 30 days from the final order/decision/decree.
The original order, decision, or decree stands as if no appeal had been taken.
Applicants include (1) persons claiming ownership in fee simple, (2) persons with power to appoint/dispose in fee simple, (3) guardians for infants/disabled persons, and (4) corporations via duly authorized officers. Restrictions include: tenants for terms of years generally must apply jointly with reversionary interest holders; mortgagors need written consent of mortgagees; married women generally need written consent of husband unless holding as separate property/power/authorized; and tenants with undivided shares less than fee simple must join with other cotenants so the whole fee is represented.
Yes. The application may still be entered and title registered subject to the mortgage. The decree must state registration is subject to the mortgage, describe it, and provide that no subsequent certificate and no further papers relating to the land after foreclosure may be issued/registered.
It must be in writing, signed, sworn to; include a description of the land; state whether applicant is married/unmarried and relevant spouse/divorce details; provide full names and addresses; list adjoining owners and occupants if known and what search/inquiry was made if not; and it must be supported by statements on ownership and other particulars.
It may be filed with the clerk of the Court of Land Registration or with the register of deeds of the province/city where the land (or portion) lies. Upon filing, the applicant must cause the register of deeds to record a memorandum that an application has been filed, stating date/place of filing and a copy of the land description.
Immediately after filing, the court refers the application to an examiner of titles who searches records/investigates facts and files a report with a certificate of opinion on the title. If adverse, the applicant is allowed a reasonable time to elect to proceed further or withdraw.
After favorable opinion or election to proceed, the court orders publication of notice once in two newspapers—one English and one Spanish—of general circulation in the province/city (or, if none, using Manila dailies of English and Spanish). The notice return day is 20–60 days from issue, and within seven days after publication of Spanish notice, a copy is mailed to persons named whose addresses are known. A copy is also posted on each parcel and on the chief municipal building at least 14 days before the return day.
The court may appoint a disinterested person as guardian ad litem for minors and persons not in being, unascertained, unknown, or out of the Philippine Islands who may have an interest in the land.
The court may, on motion of the applicant and absent reasons to the contrary, order a general default to be recorded and take the application as confessed. The parties described by “To all whom it may concern” are deemed parties defendant and will be concluded by the default.
A decree of registration binds the land and quiets title, conclusive against all persons—including the Insular Government and branches—even if not mentioned by name, and not opened due to absence/infancy/disability. It may be attacked only by a petition for review within one year if obtained by fraud, provided no innocent purchaser for value has acquired an interest; if such a purchaser exists, the decree remains forever effective, and the aggrieved party’s remedy is an action for damages for fraud.
No title to registered land in derogation to the registered owner shall be acquired by prescription or adverse possession.
It operates only as a contract and evidence of authority to the clerk/register of deeds to make registration; it is the act of registration that is the operative act conveying and affecting the land. Registration is made in the office of the register of deeds for the province/city where the land lies.