Law Summary
Composition and Appointment of Judges and Clerk
- Two judges appointed by Civil Governor with Philippine Commission's consent: one judge and one associate judge.
- Additional associate judges appointed as necessary.
- Judges hold court individually with full authority.
- Clerk appointed similarly; responsible for court records and seal application.
- Clerk can employ deputies and assistants as needed.
Registers of Deeds
- Registers of deeds appointed for Manila and each province with authority similar to the court clerk after registration.
- Subject to clerk’s direction for uniformity.
- Registers keep official records and issue certificates of title and duplicates.
Notices and Process
- Process to be served per civil procedure rules; official court seal and signatures required.
- Notices published in English and Spanish newspapers, mailed to interested parties, and posted conspicuously.
- Proof of service filed by court clerk as conclusive.
Applications for Original Registration
- Eligible applicants include legal fee owners, those with power to dispose fee simple estate, guardians for minors, and authorized corporate officers.
- Restrictions: tenants for years, mortgagors needing mortgagee consent, marital consent rules, and joint applications for undivided shares.
- Application must be written, sworn, include land description, ownership and marital status, neighboring owners and occupants.
- Application includes filing of land plan and original title documents.
- Applications may be amended under court terms.
Examination, Notice, and Contestation Process
- Examiner of titles investigates and reports on title quality.
- Publication and mailing of notices in English and Spanish; posting on land and municipal building.
- Rights to appear and file answer within fixed period.
- Appointment of guardian ad litem for absent or unascertained interest holders.
- Court hearings or referee hearings; right to require survey and impose costs.
Registration Decree and Title Certificate
- Court confirms title by decree binding on all, including government and unnamed parties.
- Decree not open to collateral attack except for fraud within one year and no innocent purchaser is affected.
- Certificate of title transcribed by register of deeds as original certificate.
- Duplicate certificates issued to owners; discrepancies resolved in favor of original.
Registered Land Transactions
- Registered land may be dealt with as if unregistered but deed, mortgage, lease, or other instruments effective only on registration.
- Registration of conveyances, mortgages, leases, liens, and other transactions noted on certificates.
- No new certificate issued on transfer unless fee simple ownership passes; lesser interests recorded by memorandum.
- Disputes on registration to be resolved by court order.
Mortgages and Foreclosure
- Mortgages recorded and taking effect only upon registration.
- Mortgagee’s duplicate certificate issued.
- Assignments, extensions, and discharges registered; discharge cancels duplicate certificate.
- Foreclosures proceed under existing civil procedure; new certificate issued to purchaser after foreclosure.
Leases and Trusts
- Leases registered similarly; lessee’s duplicate certificate may be issued.
- Trust interests and equitable conditions noted by memorandum on certificates; power of sale or mortgage noted if expressly granted.
- Court-appointed trustees may register land and obtain certificates.
Legal Incidents of Registered Land
- Registered land subject to same liabilities and rights as unregistered land: marital rights, liens, attachment, eminent domain, partition, descent, and administration.
Liens, Attachments, and Pending Actions
- Liens and attachments affecting registered land are registered in the registry; notices sent to registered owners.
- Continuance, reduction, discharge, and enforcement processed like on unregistered land.
- Pending suits and judgments affecting title require filing of memorandum for effect against third parties.
Transmission by Descent and Will
- Registered land treated as personal estate for administration.
- Executors and administrators must file certified copies of letters testamentary or administration for transactions.
- Transfer of registered land by executor with court order unless empowered by will.
- Distribution and partition of land evidenced by court order registered accordingly.
Eminent Domain
- Authority taking registered land must file descriptions for registration; new certificates issued reflecting the taking and remainder.
Assurance Fund and Compensation
- Fee of one-tenth of one percent of assessed value paid to create an assurance fund.
- Assurance fund compensates losses by persons deprived of property without negligence due to official omissions or mistakes.
- Procedures for claims and limits on recovery detailed.
Penalties
- Certificates of title are subject to larceny.
- False statements under oath subject to perjury penalties.
- Fraudulent procurement, forgery, or misuse of seals subject to fines and imprisonment.
- Concealment of incumbrances on sale punishable.
Continuation of Existing Land Registry System
- Existing registration and recording system for unregistered lands continues with modifications.
- Notaries public relinquish custody of original instruments; owners may present originals to registers of deeds for registration.
Official Forms and Authentication
- Prescribed forms for deeds, conveyances, mortgages, leases, releases, and discharges stated.
- Requirements for signatures, witnesses, and acknowledgment before authorized officials detailed.
General Provisions
- The Act is to be liberally construed to effectuate its purpose.
- The Court of Land Registration handles all cases and amendments following rules and procedures established under the Act.
- Fees payable and allocated per specified items and services.
This comprehensive legal framework governs the adjudication, registration, and disposition of land titles in the Philippine Islands, establishing a uniform system for securing and protecting land ownership rights through judicial and administrative processes.