Legal Basis: Section 58 of P.D. No. 1529
- Provides that if land is subdivided into several lots, the Register of Deeds may enter a memorandum of the deed of conveyance on the original certificate and issue new titles only for the conveyed lots.
- The original or "mother" certificate is cancelled only in part, relative to the lots conveyed.
Practice Regarding Issuance of Titles over Subdivision Lots
- If desired by the subdivision owner, new transfer certificates may only be issued over certain conveyed lots.
- The original title will carry annotations reflecting the memorandum of the conveyance and issuance of new titles.
- Partial cancellation of the mother title applies only to conveyed lots.
Register of Deeds’ Authority and Limitations
- Registers of Deeds cannot require issuance of individual titles for all subdivision lots upon registration of the subdivision plan when no legal basis exists for such requirement.
- Imposing such a requirement on the landowner is considered improper.
Adequacy of Subdivision Plan Annotation as Registration
- Annotation of the approved subdivision plan, together with the technical descriptions of resulting lots, on the original and owner’s copies of the title is sufficient registration if requested.
Optional Issuance of Titles for All Resulting Lots
- If the subdivision owner requests issuance of individual titles for all lots, the Register of Deeds must comply and issue the certificates.
- This practice aligns with established registration procedures and is accepted as standard.
Summary and Guidance
- The procedure allowing partial cancellation and limited issuance of new certificates is not new but accepted practice.
- Registers of Deeds should adhere to this procedural guideline to avoid imposing undue requirements.
- This guidance was officially promulgated to address issues raised by the National Housing Authority and ensure consistent application of the law and registration procedures.