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3.
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Registers of Deeds.
Sec. 6 General Functions.
1. Functions of the Commissioner
a. Issue decrees of registration pursuant to final judgment and direct the
proceedings.
Lands recorded under such system not yet covered by Torrens System are
2.
3.
e.
registration of lands;
Implement all orders, decisions, and decrees relative to land
f.
registration;
Verify and approve subdivision, consolidation, and consolidationsubdivision survey plans of properties under Act. 496 except those
2.
2.
Commissioner
a. Member of the Philippine Bar with at least 10yrs of practice
b. Has same rank, compensation and privileges as those of an Associate
Justice of the Court of Appeals
Deputy Commissioner
a. Same qualifications as those required of the Commissioner
b. Compensation shall be 3k per annum less than that of the
Commissioner.
4.
1.
2.
3.
4.
Commissioner.
Salaries not really important.
Secretary of Justice, upon recommendation of the Commissioner, shall
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2.
real or personal property which complies with all the requisites for
registration.
a. If the instrument is not registerable, he shall deny registration. Denial
shall be
i. In writing;
ii. State the reason therefor
iii. Advise the applicant of his right to appeal by consulta
Sec. 11 Discharge of duties of Register of Deeds in case of vacancy, etc.
1. Until a Register of Deeds shall have been appointed or in case of vacancy,
absence, illness, suspension, or inability of the Register of Deeds, his
duties shall be performed by the following officials, unless the Secretary
of Justice designates another to act temporarily;
a. Deputy Register of Deeds, or 2nd Deputy Register of Deeds, should
b.
2.
there be one;
Provincial or City Fiscal or any Assistant Fiscal designated by the
2.
3.
b.
c.
have been in
i. OCEN possession and occupation
ii. of alienable and disposable lands of the public domain
iii. under bona fide claim of ownership
iv. since June 12, 1945, or earlier.
Those who have acquired ownership of private lands by prescription.
Those who have acquired ownership of private lands or abandoned
d.
4.
1.
postal address
He must therein agree that any legal process made upon his agent or
representative pursuant to the application shall have the same legal
2.
determined.
Sec. 21 Requirement of additional facts and papers; ocular inspection.
1. Courts may require
a. Facts to be stated in the application
b. Filing of any additional paper
2. Courts may also conduct an ocular inspection, if necessary.
3.
4.
transfer of portions
Notice shall be given to the parties.
The court shall then order that the land be subject to the conveyance or
3.
registration be issued in the name of the person to whom the land has been
by law, have been complied with shall be filed in the case before the date of initial
c.
f) Director of Mines
g) Director of Fisheries and Aquatic Resources
Posting at least 14 days before the date of initial hearing, the
3.
address is known.
If the applicant requests to have the line of a public way or road
iii.
those who failed to appear and file and answer (special order of default).
Hearing, Judgment, and Decree of Registration
Sec. 27 Speedy Hearing; reference to a referee.
1. Registration court shall see to it that all cases shall be disposed of within
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3.
Hearing before a referee may be held at any convenient place within the
province or city and after reasonable notice thereof shall have been sent to
4.
2.
survey will begin, giving full and accurate description of the lands. Notice
shall be published in
a. OG
b. Newspaper of general circulation (pursuant to due process)
And sent to
The notice shall likewise be posted in a conspicuous place on the bulletin
is contested provided that a subdivision plan showing the contested and uncontested
portions approved by the Director of Lands have been previously submitted to it.
Sec. 29 Judgment confirming title.
If the court finds that the applicant or the oppositor has sufficient title proper
for registration, judgment shall be rendered confirming title of the applicant, or the
oppositior, to the land or portions thereof.
Sec. 30 When judgment becomes final; duty to cause issuance of decree.
1. Judgment becomes final upon the expiration of 15 days from the receipt of
3.
days).
Appeals may be taken as in ordinary civil cases.
After judgment becomes final, the court shall order the issuance of the
b.
4.
purpose is lawful.
Duty of every person claiming an interest to communicate with the
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provided that if the land forms part of the conjugal property then
d.
e.
f.
2.
court
g. Set forth the estate of the owner
h. All encumbrances to which the land or owners estate is subject
Decree of Registration shall bind the land and quiet title thereto subject
only to encumbrances provided by law. It is conclusive against all persons,
are situated.
Mark the boundaries by monuments. Their entry on the lands for this
3.
1.
3.
court.
The answer shall be
a. Signed
b. Sworn to
It must also contain the following
a. Civil status; if married, name of spouse
b. Nationality
c. Residence
d. Postal address
e. Age
f. Cadastral number of lots claimed
g. Name of barrio and municipality in which the lots are situated
h. Names and addresses of the owners of the adjoining lots
i. If claimant is in possession of the lots claimed and can show no
express grant of the land by the government to him or to his
i.
ii.
iii.
j.
forth
interest claimed
time and manner of acquisition
k. If the lots have been assessed for taxation, the last assessed value
l. Encumbrances
Sec. 38 Hearing, Judgment, Decree
Trial shall be conducted in the same manner as in ordinary land registration
3.
4.
certificates issued pursuant to such decrees have the same effect as those granted in
ordinary land registration proceedings.
Certificate of Title
Sec. 39 Preparation of decree and Certificate of Title
Upon receiving the original and duplicate of the original certificate of title,
2.
the RD shall
a. Enter the same in its record book;
b. They shall be numbered, dated, signed and sealed by the RD.
c. The certificates shall take effect upon the date of entry thereof.
RD shall send notice by mail to the registered owner that his duplicate is
ready for delivery upon payment of legal fees.
i.
ii.
proceedings and shall be governed by the same rules. Decrees awarded and the
Court shall issue an order directing the Commissioner to issue the decree
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issued.
Sec. 42 Registration Books
1. Original copy of the original certificate shall be filed in the RD.
2. Bound in consecutive order with the certificates of title.
3. These shall constitute the registration book for titled properties.
Sec. 43 Transfer Certificate of Title
1. A TCT is a subsequent certificate of title issued by the RD pursuant to any
voluntary or involuntary instrument relating to the same land.
a. It shall be in like form and issued in duplicate;
b. It must show
i. the number of the next previous certificate;
ii.
iii.
good faith shall hold the same free from all encumbrances.
Exception: those noted in the certificate and any of the following which
may be subsisting
a. Liens, claims, or rights arising or existing under the laws and
Constitution, which are not required to appear of record in the RD in
b.
order to be valid.
Unpaid real estate taxes those levied and assessed w/in 2 yrs
immediately preceding the acquisition of any right over the land by
an innocent purchaser for value, without prejudice to the
governments right to collect taxes payable before that period from
c.
d.
2.
of law.
Registered lands or the owners thereof shall not be relieved from
a. Rights incident to the relation of
i. Husband and wife;
ii. Landlord and tenant;
b. Liability to attachment or levy on execution;
c. Liability to any lien established by law on the land or the buildings
d.
e.
f.
g.
h.
3.
Bureau of Lands;
Distinctly and accurately delineating the boundaries, streets,
2.
by
a. Filing a written request to the RD;
b. Surrendering the duplicate;
c. RD shall cancel the duplicate and its original;
d. RD shall issue separate certificates.
Consolidation a registered owner of several distinct parcels of land
covered by separate certificates of title desiring to have a single certificate
Par (3)
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5.
6.
Par (4)
The LRA cannot order any change, modification or amendment in the certificate, or
any decree or plan, including the technical description therein, nor can it order the
cancellation of a new certificate which would result in the enlargement of the area
covered by the certificate.