Law Summary
Nature of Proceedings and Jurisdiction
- Land registration proceedings are in rem and governed by principles of the Torrens system.
- Courts of First Instance have exclusive jurisdiction over original registration and related petitions.
- Courts must provide certified copies of documents to the Land Registration Commission promptly.
Replacement of Spanish Mortgage Law System
- Discontinues the Spanish Mortgage Law registration system.
- Lands not under Torrens title are deemed unregistered.
- Instruments involving such lands are to be registered under the new decree's specified procedures.
Land Registration Commission
- Created under the Department of Justice for efficient law execution related to land registration.
- Led by a Commissioner and Deputy Commissioner appointed by the President, both must be qualified lawyers.
- The Commission supervises all Registers of Deeds and court clerks involved in land registration.
- Functions include issuing registration decrees, approving subdivision plans, assisting government land reform agencies, and maintaining records.
Registries of Deeds
- Each province and city must have a Register of Deeds; larger registries may have deputies.
- Registers of Deeds appointed by the President; deputies by the Secretary of Justice.
- Qualifications require legal practice and/or experience in property registration.
- Registers must promptly register compliant instruments and deny non-registrable ones with written explanation.
- Provisions for deputies and temporary replacements ensure continuity.
Original Registration Proceedings - Ordinary Registration
- Applicants include those with possession or ownership under certain conditions, co-owners, vendors under pacto de retro, and trustees.
- Applications must be written, sworn, and include detailed land descriptions, ownership, and status information.
- Non-resident applicants must appoint a resident agent in the Philippines.
- Applications are filed with the Court of First Instance and must include title documents and an approved survey plan.
- Multiple parcels may be included if in the same locality; courts may order amendment.
- Amendments allowed with publication and notice if boundary or area changes occur.
Notice and Hearing Procedures
- Notice of hearing is given via publication in the Official Gazette and newspapers, mailing to interested parties and government officials, and posting on land and municipal bulletin boards.
- Proof of compliance with notice procedures is required.
- Interested parties may file oppositions, which state objections and interests.
- Default orders entered against non-responding parties confirm title.
Judgment and Registration Decree
- Courts aim to dispose of registration cases within 90 days.
- Referees may be appointed to assist fact-finding.
- Judgment confirms ownership title, settling conflicting claims.
- Appeals allowed; decree becomes final after 30 days if unappealed.
- Commissioner issues decree of registration and corresponding certificates
- The decree binds all persons, including the government.
- Decree can only be reopened within one year for fraud cases, not against innocent purchasers for value.
Cadastral Registration Proceedings
- President may order cadastre survey for public interest.
- Surveys are publicized and monuments placed.
- Interference with surveys is punishable by fine or imprisonment.
- Director of Lands files petitions to settle and adjudicate unregistered land ownership.
- Lots are numbered and described for registration.
- Claimants file answers with detailed personal and property information.
- Court conducts hearings, adjudicates interests, and issues decrees as in ordinary registration.
Certificate of Title
- After final judgment, court orders issuance of decree of registration and original certificate of title.
- Register of Deeds enters and assigns number to the original certificate; owner receives duplicate.
- Certificates include ownership details, civil status, estate, and encumbrances.
- Transfer Certificates of Title issued for subsequent dealings referencing originals.
- Registered land is free from encumbrances except those noted or legally valid liens/taxes/public ways.
- Certificates are conclusive and not subject to collateral attack.
- Owners may request splitting or consolidation of titles; subdivision and consolidation plans approved by Commission.
Subsequent Registration and Voluntary Dealings
- Registered owners may convey, mortgage, lease, or deal with land through lawful instruments.
- Instruments bind the land upon registration, not upon mere execution.
- Owners' duplicate certificate must accompany voluntary instruments for registration.
- Interests less than ownership registered by memorandum on title certificates.
- Grantee's identity and status must be included in deeds.
- Registers maintain entry books, collect fees, and provide certified copies.
- Procedures established for conveyance, portion conveyances, mortgages, leases, discharge, and foreclosure.
- Trusts, powers of attorney, implied or constructive trusts are registered with limited notations on titles.
Involuntary Dealings
- Attachments, adverse claims, liens, and judgments affecting registered land must be filed and annotated on titles.
- Adverse claims valid for 30 days unless contested.
- Owners must surrender duplicate certificates for involuntary dealings; court may compel surrender.
- Lis pendens notices must be registered to be effective against third parties.
Judgments, Partitions, and Insolvency
- Judgments affecting ownership and possession are registrable and impact titles.
- Executors or administrators must file letters of administration or wills for estate dealings.
- Court orders necessary for alienation by executor or administrator.
- Partition judged land ownership entitled to certificates accordingly.
- Insolvency proceedings must be registered.
- Land taken by eminent domain is registered with corresponding certificates issued.
Assurance Fund
- Fees include contributions to an Assurance Fund for compensation.
- Fund used to compensate losses due to fraud, mistake, or error causing loss of land or interests.
- Actions for compensation must be filed within 6 years.
- Government is subrogated to plaintiff's rights after payment.
- Certain losses not recoverable (e.g., breaches of trust, incorrect surveys).
Registration of Patents and Special Documents
- Government-granted patents to public land must be registered.
- Certificates of Land Transfer and Emancipation Patents issued under land reform are registered.
- Sales of agricultural lands have special affidavit requirements.
Petitions and Actions After Original Registration
- Court petitions enable compelling surrender of withheld duplicate certificates.
- Amendments to certificates require judicial approval.
- Lost or destroyed duplicates and certificates reconstituted following procedure.
Fees and Special Fund
- Specific schedules of fees detailed for filing, registration, annotations, certification, copying, surveying, and plan approval.
- Fees vary depending on assessed value, type of service, and nature of instrument.
- Twenty percent of collections allocated to special fund for operational and capital expenses of the Land Registration Commission.
Administrative Provisions
- Commissioner of Land Registration authorized to prepare and print standard forms.
- Notarization requirements for voluntary instruments specified.
Registration of Unregistered Lands and Chattel Mortgages
- Instruments affecting unregistered land must be recorded.
- Procedures and fees for recording instruments and chattel mortgages established.
- Registers maintain Primary Entry Book and Registration Book for chattel mortgages.
Consultas (Appeals on Registration Decisions)
- Register of Deeds may elevate doubtful cases or denials to the Commissioner of Land Registration within five days upon payment of fee.
- Commissioner's decisions are final and binding; appealable to Court of Appeals under specified conditions.
Final Provisions
- Appropriations for implementation initially and annually provided.
- Exemptions from postage for official transmissions.
- Repealing clause removes conflicting laws.
- Separability clause and effectivity upon approval.
This Decree comprehensively governs the procedures, administration, and legal framework for land registration, titling, transfers, and related rights under the Torrens system in the Philippines, ensuring legal certainty and protection of ownership rights while facilitating government land reform programs.