Legal basis and amendment made
- Republic Act No. 440 expressly amends Section 44 of Act No. 496 by replacing it with a revised Section 44 text governing title management actions through the register of deeds and approval authorities.
- Republic Act No. 440 specifically addresses three title-conversion situations: (1) splitting multiple parcels into multiple certificates, (2) subdividing into lots, including when streets/passageways are involved, and (3) consolidating lots into consolidated title certificates.
Covered actions on registered titles
- A registered owner of several distinct parcels of land embraced in a single certificate of title may seek issuance of several new certificates, each containing one or more parcels.
- A registered owner of several distinct parcels held in separate certificates of title may seek issuance of one certificate for the whole land or several certificates for different portions of the land.
- A registered owner subdividing a tract of registered land into lots must comply with subdivision-plan requirements tied to boundaries, streets, and passageways.
- A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, must file a consolidation plan with the proper authority.
Authority and filings for splitting and replacing
- For conversion from one certificate to several certificates, the registered owner must file a petition with the register of deeds.
- Upon surrender of the owner’s duplicate, the register of deeds cancels the duplicate and its original and issues the requested new certificates.
- For conversion from several certificates to one or to several certificates for portions, the registered owner must file a petition with the register of deeds.
- Upon surrender of the owner’s duplicates, the register of deeds cancels the duplicates and their originals and issues new certificates as requested.
Subdivision into lots: plan approvals and limits
- When a registered owner subdivides a tract into lots, the owner must file with the Chief of the General Land Registration Office a subdivision plan showing all boundaries and streets and passageways, if any, delineated distinctly and accurately.
- If no streets or passageways are indicated or no alteration of the perimeter of the land is made, and the subdivided land does not need them, and the plan has been approved by the Chief of the General Land Registration Office or by the Director of Lands as provided in Section 58 of Act No. 496, the register of deeds may issue new certificates for any lot according to the subdivision plan.
- If the subdivision involves streets and/or passageways, no new certificates may be issued until the subdivision plan is approved by the Court of First Instance of the province or city where the land is situated.
- For subdivisions with streets/passageways, the registered owner must file a petition with the Court of First Instance, and the court must act after notice and hearing and after considering the report of the Chief of the General Land Registration Office.
- The court may grant the petition subject to a condition that must be noted on the proper certificate: no portion of any street or passageway delineated on the plan may be closed or otherwise disposed of by the registered owner without prior court approval.
- The court may also render judgment as justice and equity may require, consistent with the petition and hearing process.
Consolidation into consolidated certificates
- For consolidation requiring new technical descriptions, a registered owner must file with the Chief of the General Land Registration Office a plan showing the lots to be affected as they are before and as they will appear after consolidation.
- The register of deeds concerned must cancel the old certificates and issue a new one for the consolidated lot or lots only upon:
- the surrender of the owners’ duplicate certificate or certificates, and
- receipt of proper authority from the Chief of the General Land Registration Office.