Amendment on Filing Duplicate Title of Mortgagee

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Act No. 3322: Amendment on Filing Duplicate Title of Mortgagee

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Title Source: Supreme Court: Amendment on Filing Duplicate Title of Mortgagee

Law: Act No. 3322

Decision Date: Dec 4, 1926

An amendment to the Land Registration Act addresses the filing of duplicate certificates of title by mortgagees, requiring the presentation of the owner's duplicate certificate for endorsement, with exceptions provided by the Land Registration Act or court order; failure to deliver the duplicate certificate allows the register of deeds to still register or annotate real rights acquired by the owner, and the production of the owner's duplicate certificate serves as conclusive authority for registration of voluntary instruments, binding the registered owner and protecting innocent holders for value; subsequent registrations procured by fraud or forged instruments are null and void, and in case of loss or theft of the owner's duplicate certificate, immediate notice must be sent to the register of deeds.

Law Summary

Requirement for Presentation of Owner's Duplicate Certificate

No new certificate of title can be issued or memorandum made upon any certificate without presenting the owner's duplicate certificate for endorsement.
Exceptions exist only as expressly provided by the Act or when authorized by a court order for cause shown.
When a court order is issued, a memorandum of the order must be entered on both the new certificate of title and the owner's duplicate.

Handling of Mortgagee's Refusal to Deliver Duplicate Certificate

If a mortgagee refuses or fails to deliver within a reasonable time the duplicate or copy of the certificate of title surrendered by the owner, the Register of Deeds, after advising the mortgagee, may proceed to register or annotate another real right acquired by the owner.
The record or annotation made on the certificate in the register book under these circumstances is valid for all legal purposes.

Authority Conferred by Presentation of Owner's Duplicate Certificate

Presentation of the owner's duplicate certificate when registering any voluntary instrument serves as conclusive authority for the Register of Deeds to enter a new certificate or memorandum.
The new certificate or memorandum binds the registered owner and all persons claiming under them.
It protects every purchaser for value and in good faith.

Protection Against Fraud and Legal Remedies

Registration procured by fraud does not protect the fraudulent parties; the owner may pursue all legal and equitable remedies.
Rights of innocent holders for value of a certificate of title remain protected.
Any registration procured by the presentation of a forged duplicate certificate or forged deed or instrument after transcription of the registration decree is null and void.

Notice Requirement for Loss or Theft of Owner's Duplicate Certificate

In case of loss or theft of the owner's duplicate certificate, notice must be sent promptly to the Register of Deeds of the province where the land is located.
The notice can be sent by the owner or an authorized person on their behalf.

Effectivity

The Act takes effect upon its approval, December 4, 1926.

END