Property Registration Law Amendment

Scope, coverage, and land systems

The law discontinues the system of registration under the Spanish Mortgage Law, and lands recorded under that system that are not yet covered by Torrens title are treated as unregistered lands (Section 3).
Instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 until the land is brought under the operation of the Torrens system (Section 3).
The books of registration for unregistered lands under Section 194 of the Revised Administrative Code, as amended by Act No. 3344, continue in force, but instruments dealing with unregistered lands must be registered under Section 113 going forward (Section 3).

Land Registration Commission structure

The Land Registration Commission is created under executive supervision of the Department of Justice to execute laws on registration geared to massive and accelerated land reform and social justice (Section 4).
The Commission has a Commissioner of Land Registration and a Deputy Commissioner of Land Registration (Section 5).
The Commissioner must be a duly qualified member of the Philippine Bar with at least ten years of legal practice, and must have the same rank, compensation, and privileges as a Judge of the Court of First Instance (Section 5).
The Deputy Commissioner has the same qualifications as the Commissioner and receives compensation three thousand pesos per annum less than that of the Commissioner (Section 5).
The Deputy Commissioner acts as Commissioner during the absence or disability of the Commissioner and during a vacancy until another person is designated or appointed in accordance with law; the Deputy Commissioner also performs functions assigned by the Commissioner (Section 5).

Commission functions and geodetic role

The Commissioner of Land Registration must:
- issue decrees of registration pursuant to final judgments and cause issuance of corresponding certificates of title by the Registers of Deeds (Section 6);
- exercise supervision and control over Registers of Deeds and Commission personnel (Section 6);
- resolve cases elevated en consulta or on appeal from decisions of Registers of Deeds (Section 6);
- exercise executive supervision over clerks of court and Court of First Instance personnel regarding registration duties (Section 6);
- implement orders, decisions, and decrees on registration and issue needful rules and regulations subject to approval of the Secretary of Justice (Section 6);
- verify and approve subdivision, consolidation, and consolidation-subdivision survey plans for properties titled under Act No. 496, except those covered by P.D. No. 957 (Section 6).
The Land Registration Commission must extend speedy and effective assistance to the Department of Agrarian Reform, Land Bank, and other agencies for implementing the land reform program (Section 6).
The Commission must extend assistance to courts in ordinary and cadastral land registration proceedings and act as the central repository of records on original registration under the Torrens system, including subdivision and consolidation plans (Section 6).
A Chief Geodetic Engineer is assigned to serve as the Commission’s technical adviser on surveys and is responsible for plats, plans, and works requiring geodetic services; the Chief Geodetic Engineer performs functions assigned by the Commissioner (Section 13).

Registers of Deeds: duties and staffing

There must be at least one Register of Deeds for each province and one for each city (Section 7).
Registries with a yearly average collection of more than sixty thousand pesos in the last three years must have one Deputy Register of Deeds (Section 7).
Registries with a yearly average collection of more than three hundred thousand pesos in the last three years must have one Deputy Register of Deeds and one second Deputy Register of Deeds (Section 7).
The Secretary of Justice defines the official station and territorial jurisdiction of each Registry upon recommendation of the Commissioner of Land Registration, to make each Registry accessible to neighboring municipalities (Section 7).
The province or city must furnish suitable space or a building for the Register of Deeds’ office until it can be furnished out of national funds (Section 7).

Appointments, qualifications, and salaries

Registers of Deeds are appointed by the President of the Philippines upon recommendation of the Secretary of Justice (Section 8).
Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds are appointed by the Secretary of Justice upon recommendation of the Commissioner of Land Registration (Section 8).
Salary rules:
- In first class Registries, the salary of Registers of Deeds is three thousand four hundred pesos per annum less than that of the Deputy Commissioner (Section 8).
- In second class Registries, the salary of Registers of Deeds is three thousand four hundred pesos per annum less than that of Registers of Deeds in first class Registries (Section 8).
- In third class Registries, the salary of Registers of Deeds is three thousand four hundred pesos per annum less than that of Registers of Deeds in second class Registries (Section 8).
- Deputy Registers of Deeds and second Deputy Registers of Deeds receive three thousand four hundred pesos per annum less than their corresponding Registers of Deeds and Deputy Registers of Deeds, respectively (Section 8).
The Secretary of Justice must cause reclassification of Registries based on workload or class of province/city—whichever yields a higher classification—for salary adjustments (Section 8).
A person cannot be appointed Register of Deeds unless admitted to the practice of law in the Philippines and actually engaged in such practice for at least three years, or employed for a like period in a government branch whose functions include property registration (Section 9).
The Deputy Register of Deeds must be a member of the Philippine Bar (Section 9).
Registers of Deeds or Deputy Registers of Deeds already holding office cannot be removed or demoted (or suffer salary category reduction) due to the Decree’s passage, except for cause and with due process under law (Section 9).

Registers of Deeds: registration mechanics

The office of the Register of Deeds is a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city where situated (Section 10).
The Register of Deeds must immediately register an instrument presented for registration that complies with all registration requisites (Section 10).
The Register of Deeds must ensure that the instrument bears proper documentary and science stamps and is properly cancelled (Section 10).
If the instrument is not registrable, the Register of Deeds must forthwith deny registration, and must inform the presentor in writing of the denial, the ground/reason, and the right to appeal en consulta under Section 117 (Section 10).
During vacancy, absence, illness, suspension, or inability of the Register of Deeds, duties are performed in this order unless the Secretary of Justice designates another to act temporarily:
- the Deputy Register of Deeds (or second Deputy Register of Deeds, if any);
- or, if no deputy exists, the Provincial or City Fiscal (or assistant fiscal designated by that Fiscal) (Section 11).
If the Secretary of Justice authorizes temporary performance compensation in case of absence/disability without pay or vacancy, the additional compensation must not exceed the salary authorized for the position filled, together with the acting official’s actual salary (Section 11).
For a newly created province or city pending establishment of a Registry and appointment of a regular Register of Deeds, the Register of Deeds of the mother province or city acts as the ex-officio Register of Deeds for the new province or city (Section 11).
Every Registry must maintain an Owner’s Index system listing all registered owners alphabetically, with an index card for each owner containing a list of lands registered in that name (Section 12).
The Register of Deeds must submit to the Land Registration Commission within ten days after the month to which the reports pertain: monthly reports on collections and accomplishments (Section 12).
The Register of Deeds must submit to the Commission at the end of December each year an annual inventory of titles and instruments in the Registry (Section 12).

Ordinary original registration applicants

The following persons may file an application for original registration of title to land in the proper Court of First Instance (personally or through duly authorized representatives) (Section 14):
- those in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier;
- those who acquired ownership of private lands by prescription under existing laws;
- those who acquired ownership of private lands or abandoned river beds by right of accession or accretion under existing laws;
- those who acquired ownership of land by any other manner provided for by law.
All co-owners of land owned in common must file the application jointly (Section 14).
In pacto de retro transactions, the vendor a retro may apply for original registration, but if the redemption period expires during the proceedings and ownership consolidates in the vendee a retro, the vendee substitutes for the applicant and may continue the proceedings (Section 14).
A trustee may apply for original registration of any land held in trust on behalf of the principal unless prohibited by the instrument creating the trust (Section 14).

Ordinary application form and contents

The application must be in writing, signed by the applicant or duly authorized representative, and sworn to before an authorized officer for the province or city where actually signed (Section 15).
If there is more than one applicant, each applicant signs and swears as to and on behalf of each (Section 15).
The application must describe the land and state the applicant’s citizenship and civil status (single or married), and if married, the name of the wife or husband; if the marriage is legally dissolved, the when and how it terminated (Section 15).
The application must state the full names and addresses of all occupants and those of adjoining owners if known; if not known, it must state the extent of search to find them (Section 15).
The application must substantially follow a form requiring, among others:
- a declaration that the applicant/s are owners (by inheritance or deed of sale or conveyance and/or possession under Section 14), together with buildings and improvements, subject to specified exceptions (Section 15);
- taxation assessment values for land and improvements at the last assessment (Section 15);
- a statement, to the best of knowledge, that there is no mortgage or encumbrance except as stated (Section 15);
- the manner by which the applicant acquired the land (Section 15);
- the person(s) occupying the land (Section 15);
- names and addresses of adjoining owners and persons named in specified paragraphs (Section 15);
- the single/married status and, if applicable, the marriage termination details (Section 15);
- applicant’s full name, age, citizenship, residence, and postal address(es (Section 15);
- whether the land borders a public or private way/road and whether the applicant claims any portion within road limits and whether the applicant desires the line determined (Section 15);
- attached documents list (Section 15).
The signed application requires statement of where and when signed, plus sworn appearance before the oath officer and related details such as presentation of residence certificate(s) in the model form (Section 15).

Non-resident filings

A non-resident applicant must file with the application an instrument appointing an agent or representative residing in the Philippines, stating the agent’s full name and postal address (Section 16).
The appointment must agree that service of legal process upon the agent or representative has the same legal effect as service upon the applicant in the Philippines (Section 16).
If the agent dies or leaves the Philippines, the applicant must appoint a substitute; if the applicant fails, the court may dismiss the application (Section 16).

Where and what to file

An application is filed in the Court of First Instance of the province or city where the land is situated (Section 17).
The applicant must file with the application all original muniments of titles or copies and a survey plan approved by the Bureau of Lands (Section 17).
The clerk of court must not accept the application unless shown that the applicant furnished the Director of Lands a copy of the application and all annexes (Section 17).

Multiple parcels; amendments; road borders

An application may include two or more parcels belonging to the applicant/s when situated within the same province or city (Section 18).
The court may order amendment by striking out parcels or severing the application (Section 18).
Amendments (including joinder, substitution, or discontinuance as to parties) may be allowed at any stage upon just and reasonable terms (Section 19).
Amendments involving substantial change in boundaries, increase in area, or inclusion of additional land must undergo the same requirements of publication and notice as original applications (Section 19).
If land borders a public or private way or road, the application must state whether the applicant claims any portion within the road limits and what portion, and whether the applicant desires determination of the line of the way/road (Section 20).

Court powers: extra facts; ocular

The court may require additional facts in the application not inconsistent with the Decree, and may require filing additional papers (Section 21).
The court may conduct an ocular inspection if necessary (Section 21).

Dealings before registration decree

After filing and before issuance of the decree of registration, the land may still be subject to dealings in whole or in part.
The interested party must present to the court the pertinent instruments; when transfer involves portions, it must include a subdivision plan approved by the Director of Lands (Section 22).
After notice to the parties, the court must either:
- order the land registered subject to the conveyance or encumbrance created by the instruments; or
- order that the decree be issued in the name of the person to whom property was conveyed (Section 22).

Notice of initial hearing and publication

Within five days from filing, the court must issue an order setting the initial hearing date and hour that is not earlier than forty-five days and not later than ninety days from the order date (Section 23).
The public must be given notice of initial hearing through publication, mailing, and posting (Section 23).
Publication: the Commissioner of Land Registration must publish notice once in the Official Gazette and once in a newspaper of general circulation; Official Gazette publication is sufficient to confer jurisdiction (Section 23).
The notice addressed to persons appearing to have an interest, adjoining owners so far as known, and “to all whom it may concern” must require appearance in court at a specified date/time to show cause why the application should not be granted (Section 23).
Mailing: within seven days after Official Gazette publication, the Commissioner mails a copy of notice to every person named in the notice whose address is known (Section 23).
Mailing to public officials must be ordered when the applicant requests determination of the line of a public way/road, including the Secretary of Public Highways, Provincial Governor, and Mayor (Section 23).
Special mailing for river/navigable stream/shore/arm of the sea with harbor line/lake, or when tenant-farmer or national government may have adverse claim, must be made to the Secretary of Agrarian Reform, Solicitor General, Director of Lands, Director of Public Works, Director of Forest Development, Director of Mines, and Director of Fisheries and Aquatic Resources, as appropriate (Section 23).
Posting: at least fourteen days before initial hearing, the Commissioner causes the sheriff or deputy to post an attested copy of the notice in a conspicuous place on each parcel of land and on the municipal bulletin board (Section 23).
The notice form must include that failure to appear results in recorded default and that all persons are forever barred from contesting the application or any decree entered thereafter (Section 23).

Proof of notice; conclusive certifications

Certifications by the Commissioner of Land Registration and the sheriff that notice requirements were complied with must be filed in the case before the initial hearing date and are conclusive proof (Section 24).

Opposition and court remedies

Any person claiming an interest—whether named or not—may file an opposition on or before initial hearing date or within further time allowed by the court (Section 25).
An opposition must state objections, the interest claimed, and the remedy desired, and must be signed and sworn to by the oppositor or duly authorized person (Section 25).
If the opposition/adverse claim covers only a portion not properly delimited on the plan, or involves undivided co-ownership, conflicting claims, or overlapping boundaries, the court may require a subdivision plan approved by the Director of Lands (Section 25).

Default order and effect

If no person appears and answers within allowed time, the court must, on motion of the applicant (and absent reason to the contrary), order a default to be recorded and require the applicant to present evidence; all persons are made parties defendant by the notice “To all Whom It May Concern” and are concluded by the default order (Section 26).
If appearances exist and answers are filed, default order applies against persons who did not appear and answer (Section 26).

Speedy disposition and referee

The trial court must ensure registration proceedings are disposed of within ninety days from the date the case is submitted for decision (Section 27).
The court may refer the case or parts to a referee who hears parties and evidence and submits a report within fifteen days after termination of hearing (Section 27).
Hearing before referee may be conducted at any convenient place within the province/city fixed by the referee, with reasonable notice to concerned parties (Section 27).
The court may render judgment in accordance with the referee’s report as though the judge found facts, or may accept, set aside (whole/part), or recommit for further proceedings in its discretion (Section 27).

Partial judgment for uncontested land

The court may render partial judgment where only part of the land is contested, provided a subdivision plan showing contested and uncontested portions approved by the Director of Lands is previously submitted (Section 28).

Judgment confirming title

The court determines all conflicting claims of ownership and interest based on evidence and the reports of the Commissioner of Land Registration and the Director of Lands (Section 29).
If the court finds the applicant or oppositor has sufficient title for registration, it renders judgment confirming title for the land or portions adjudged (Section 29).

Finality, decree issuance, and timing

Judgment becomes final upon expiration of thirty days from the date of receipt of notice of judgment (Section 30).
Appeals are allowed as in ordinary civil cases (Section 30).
After final and executory judgment, the court must forthwith issue an order under Section 39 to the Commissioner for issuance of the decree of registration and corresponding certificate of title (Section 30).

Decree of registration requirements

Decrees of registration issued by the Commissioner must bear the date, hour and minute of entry and must be signed by him (Section 31).
The decree must state whether the owner is married or unmarried, and if married, the name of the husband or wife; if the land is conjugal property, the decree must be issued in the name of both spouses (Section 31).
If the owner is under disability, the decree must state the nature of disability; if a minor, his age (Section 31).
The decree must include a description of the land as finally determined, set forth the estate of the owner, and list all particular estates, mortgages, easements, liens, attachments, and other encumbrances with relative priorities, including rights of tenant-farmers if any, and other matters properly determined under the Decree (Section 31).
The decree binds the land and quiets title, subject only to exceptions or liens provided by law (Section 31).
The decree is conclusive upon and against all persons, including the National Government and all its branches, whether mentioned by name in the application or notice, due to inclusion in the general description “To all whom it may concern” (Section 31).

Review limits and fraud-based remedy

The decree of registration cannot be reopened or revised due to absence, minority, or other disability of an adversely affected person, nor by proceedings to reverse judgments, subject to a limited reopening and review petition for actual fraud (Section 32).
Any person, including government branches, deprived of land or interest by a decree obtained through actual fraud may file a petition for reopening and review not later than one year from the entry of the decree (Section 32).
The court cannot entertain the petition when an innocent purchaser for value has acquired the land or interest and the rights would be prejudiced (Section 32).
“Innocent purchaser for value” includes an innocent lessee, mortgagee, or other encumbrancer for value when the phrase or equivalent occurs in the Decree (Section 32).
After expiration of the one-year period, the decree and certificate become incontrovertible (Section 32).
Aggrieved persons may pursue remedy by action for damages against the applicant or other persons responsible for the fraud (Section 32).

Appeals and procedure rules

Court judgments and orders in land registration cases are appealable to the Court of Appeals or the Supreme Court as in ordinary actions (Section 33).
The Rules of Court apply by analogy or suppletory character to land registration and cadastral cases insofar as not inconsistent and whenever practicable and convenient (Section 34).

Cadastral survey and preparatory steps

The President may direct and order the Director of Lands to cause a cadastral survey and prepare plans and technical descriptions when public interest requires settlement and adjudication of title to unregistered lands (Section 35).
After survey initiation, the Director of Lands (represented by the Solicitor General in petition steps) gives notice of the day the survey begins, with description of lands to be surveyed, published once in the Official Gazette and posted in English or the national language on the municipal building bulletin board (Section 35).
Notice copies are sent to the mayor, barangay captain, Sangguniang Panlalawigan, and Sangguniang Bayan concerned (Section 35).
Geodetic Engineers or Bureau of Lands employees must give advance notice of the date survey begins for each portion, post it in the municipal bulletin board for the municipality or barrio, and must mark boundaries with monuments (Section 35).
Survey personnel may enter the lands whenever necessary to conduct survey or place monuments (Section 35).
Every person claiming an interest must communicate with the Geodetic Engineer upon request, providing information on boundary lines (Section 35).
A person who wilfully obstructs a survey or maliciously interferes with placing/removal of monuments or destroys/removes any posted notice of survey is punished by a fine of not more than one thousand pesos or imprisonment of not more than one year, or both (Section 35).

Cadastral petition and cadastral lots

When lands are surveyed/plottted, the Director of Lands represented by the Solicitor General files the original registration petition in the Court of First Instance where the land is situated against holders, claimants, possessors, or occupants (Section 36).
The petition must state that public interest requires settlement and adjudication of title and must pray that titles be settled and adjudicated (Section 36).
The petition must contain land descriptions and be accompanied by a plan; it may include other data to furnish full notice to occupants and persons claiming rights (Section 36).
Where land consists of two or more parcels held or occupied by different persons, the plan must accurately indicate parcel boundaries; parcels are known as “lots” with separate numbers as “cadastral lot numbers” assigned by the Director of Lands (Section 36).
Lots within each municipality are numbered consecutively beginning with number “one” as far as practicable, using only one series per municipality; in cities/townsites, blocks and lot numbers may be used instead (Section 36).
A lot’s cadastral number cannot be changed after final decision decreasing registration, except by court order (Section 36).
Future subdivisions of any lot are designated by adding a letter or letters to the cadastral number; such letter is known as the “cadastral letter” (Section 36).
Subdivisions of cities or townsites may be designated by blocks and lot numbers (Section 36).

Cadastral answer contents

Claimants in cadastral proceedings must appear and file an answer on or before initial hearing date or within time allowed by the court (Section 37).
Answers must be signed and sworn to and must state whether the claimant is married or unmarried; if married, the spouse name and date of marriage; and include nationality, residence, and postal address (Section 37).
The answer must include: age, cadastral lot/block lot numbers, barrio and municipality, adjoining owners’ names/addresses so far as known, possession and acquisition details when in possession (or interest and acquisition details when not in possession), last assessed value if assessed, and encumbrances and adverse claimants as far as known (Section 37).

Cadastral hearing and decree effects

Trial may occur at any convenient place within the province where lands are situated; default/confessions follow the same manner as ordinary land registration proceedings governed by same rules (Section 38).
Conflicting interests are adjudicated by the court; decre