REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

1.0Introduction

1.1 Profile

Name : Registry of Deeds Office Koronadal, South Cotabato

Address : Koronadal City, South Cotabato

Telephone No. : (083) 228 - 2440

Website : www.registryofdeeds.gov.ph

1.2 Registry of Deeds History

Sir Robert Torrens originated the system of land registration known today worldwide as
the Torrens system of land registration. As the commissioner of customs in South
Australia, Torrens was inspired by the comparative facility with which ships or undivided
shares therein were negotiated and transferred in accordance with the Merchant
Shipping Acts. Becoming a register of deeds, he advised a scheme of registration of title
that improved the old system of registration of deeds. He adopted a procedure under
the Merchant Shipping Acts with appropriate modifications. When he became a member
of the First Colonial Ministry of the Province of South Australia, he introduced in the
parliament a bill providing for the adoption of his scheme of land registration. The
measure was passed and came to be known as the "Torrens System".
On November 6, 1902, the Philippine Commission enacted Act 496 known as the Land
Registration Act. This provided for the creation of the Court of Land Registration (CLR),
the offices of the Register of Deeds and the institution in this country of the Torrens
system of registration whereby real estate ownership may be judicially confirmed and
recorded in the archives of the government. The system, however, actually took effect
on February 1, 1903, on which date LRA may be said to have taken roots. Five judges
were appointed by the Governor-General with the advice and consent of the Philippine
Commission, one of whom was designated as Judge of Court and the other as Associate
Judges, all of whom could be removed by the Governor-General with the advice and
the consent of the Philippine Commission.

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REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

On February 11, 1913, the Cadastral Law Act (Act 2259) was enacted for compulsory
registration of land titles with private ownership. Under this Act, registration of titles
was judicial in nature.
The Court of Land Registration exercised jurisdiction over all applicants for the
registration of titles to land or building in the Philippines, with the power to hear and
determine all questions arising upon such applications.
On July 1, 1876 by virtue of Act No. 2347, the jurisdiction over land registration cases
of the Court of Land Registration was transferred to the Court of First Instance. A new
office, known as the General Land Registration Office (GLRO), was charged with the
functions, among others, of looking into the effective implementation of the land
registration law. The offices of the Register of Deeds were, per Section 192 (a) of the
Revised Administrative Code, placed under the administrative supervision of the GLRO.
However, Republic Act No. 1151 abolished the GLRO and created in its stead, the Land
Registration Commission (LRC), on June 17, 1954. The Commissioner of Land
Registration took over the powers and functions of the GLRO, including those of the
judge of the Fourth branch of the Court of First Instance of Manila. The Land
Registration Commission operated under the supervision of the Department of Justice,
and exercised direct supervision and control of all Registers of Deeds as well as the
Clerks of Court of First Instance in land registration cases.
A registry of deeds was established in every city and every province and branch registry
where legally feasible, charged with the functions of registering deeds under the
Torrens System. Registers of Deeds of the different provinces and chartered cities who
were appointed by the President, were under the administrative supervision and control
of the Land Registration Commission.
On February 9, 1981, President Ferdinand Marcos issued Executive Order No. 469
reorganizing the LRC into the National Land Titles and Deeds Administration (NLTDRA).
Operating under the administrative supervision of the Ministry of Justice, NLTDRA was
implementing the laws governing the Torrens System of land registration in the
Philippines.
In the President's Memorandum Circular of September 30, 1988, the latest of these
changes was effected. The National Land Titles and Deeds Registration Administration
(NLTDRA) became the Land Registration Authority (LRA) which was tasked to continue
exercising NLTDRA's powers and functions under existing laws. This was in line with

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 REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

Executive Order No. 292 dated July 25, 1987, instituting the Administrative Code of
1987, which took effect on November 3, 1989.

2.0Context of the Organization

The Philippines' Land Registration Authority (Filipino: Pangasiwaan sa Patalaan ng

Lupain), abbreviated as LRA, is an agency of the Philippine government under
the Department of Justice responsible for issuing decrees of registration and certificates
of title and register documents, patents and other land transaction for the benefit of
landowners, agrarian reform-beneficiaries and the registering public in general;
providing a secure, stable and trustworthy record of land ownership and recorded
interests therein so as to promote social and economic well-being and contribute to the
national development.

3.0Terms and Definitions

3.1. Registry of Deeds

A record of real estate deeds or other land titles that is maintained by a local
government official. The register of deeds will be used in conjunction with a grantor-
grantee index that lists the owner of record and any transfers of property.

3.2. Legal terms and definitions

Abstract of Title: It consists of the concise history of a particular title, the summary
on the links, and activities that affect ownership of a property.

Acquisition: This is a formal declaration by a person who has executed a legal deed
that it is indeed his act to purchase a particular property. This is done before an
authorized officer and is the process of acquiring real estate property.

Affidavit: When you are closing your sale, you will sign several affidavits. One such
affidavit, for example, is an affidavit of occupancy, which is a written legal
declaration that states that you will use the property as a principal residence.

Bundle of Rights: These are your rights of ownership, which state your rights to
own, use, abuse, dispose, exclude others, and recover your property.

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REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

Deed: This refers to a written document that, when properly executed and
delivered, transfers ownership to the buyer. The deed should describe the property,
name the seller and the buyer, and be signed and notarized by the seller.

Depreciation This is the decrease in an assets value, which may be caused by a

host of factors, such as deterioration due to wear and tear, natural decay, functional
or economic loss of utility, or unfavorable market conditions.

Equity This is the amount that represents the difference between the selling price
and loanable amount.

Lien: This is a legal claim on someone elses property that one can have as security
for a debt or charge, judgment, mortgages, and taxes.

Maceda Law: Also known as Realty Installment Buyer Act (RA 6552), this piece of
legislation aims to provide protection to buyers of real estate on installment
payments. Under this law, when the buyer has paid at least 2 years of installments,
he or she is entitled to the following rights in case he or she defaults in the payment
of succeeding installments: (1) To pay the unpaid installments, interest-free, due
within the total grace period earned, which is fixed at 1 month for every 1 year of
installment made. However, the buyer may only exercise this right once in every 5
years of the life of the contract. (2) If the contract is canceled, the seller shall refund
to the buyer the cash surrender value of the payments on the property. This is
equivalent to 50 percent of the total payments made and an additional 5 percent
every year after 5 years of installments, but shall not exceed 90 percent of the total
payments made. However, the actual cancellation of the contract shall take place
after 30 days from the day the buyer receives the notice of cancellation or the
demand for rescission of the contract. In cases where the buyer has paid less than
2 years of installments, the seller shall give the buyer a grace period of not less than
60 days from the date the installment becomes due. If the buyer fails to pay the
installments due after the grace period, the seller may cancel the contract after 30
days from the day the buyer receives the notice of cancellation or the demand for
rescission of the contract.

Power of Attorney: This is a legal document that authorizes a person, called

an attorney, to act as the agent on behalf of the person who is granting it, called
a principal. The attorney is given the power to deal with business- and property-
related matters and to make financial and legal decisions for the principal.

Sales Contract: This is a contract between the buyer and seller and through it
results in the transfer of the ownership of a particular property.

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 REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

Torrens System A system of registration that assures the buyer that on purchase
of a land covered by an Original Certificate of Title (OCT) or Transfer Certificate of
Title (TCT) issued by the Registry of Deeds, the same will be judicially confirmed
and recorded in the archives of the government.

4.0 Procedural Filing of Land Titling

1. Submit the conveyance instrument and all supporting documents to the

entry clerk at the RD (Registry of Deeds). The applicant will receive an
electronic primary entry book (EPEB) number to confirm receipt of the
conveyance instrument and supporting documents.

2. Pay the corresponding fees.

3. The documents will be turned over to the examiner who will check if all
the requirements have been met, after which the information would be
encoded.

4. If the requirements are complete, the RD approves the applicant.

5. A new land title will finally be printed and issued to the applicant.

5.0 Real Property Types of Ownership

1. Transfer Certificate of Title (TCT): Refers to the property title of a land, or a land
with a built property in it (e.g. house and lot). This is the certificate of ownership of
the land and including the air space in it (i.e the building or house). This details
the property location (coordinates and geographical address), plus the size of the land,
the registration number and the owner. It also details the previous TCT's that were
cancelled due to the transfer of ownership.

2. Condominium Certificate of Title (CCT): As the name implies, this certifies the
ownership of a condominium unit. Havent seen one but it makes sense to expect
that the CCT details the location of the condominium, the name and developer of the
condominium, the rightful owner of the unit, and the location and size of the unit (floor,
unit number, unit size, etc). Note though that CCT ownership only conveys
ownership of the air space (where the unit is located), and not the lot space (where
the whole condominium stands, and where all other units are located). This is

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 REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

a marked difference compared to TCT. Naturally, the TCT of the condominium

will be named after the developer of the condominium.

6.0 Roles, Responsibilities, Authorities & Accountabilities

6.1. Registry of Deeds as to Register and /or Ministerial

Registration is merely a ministerial act by which a deed, contract, or instrument
is sought to be inscribed in the records of the office of the Register of Deeds and
annotated at the back of the certificate of title covering the land subject of the
deed, contract, or instrument

PD 1529 Section 10: It shall be the duty of the Register of Deeds to

immediately register an instrument presented for registration dealing with
real and personal property which complies with all the requisites for
registration.

Register may not validly refuse to register a deed of sale presented to him
for registration

Whether a document is valid or not is not for the Register to determine, this
function belongs properly to a court of competent jurisdiction

If the purpose of registration is merely to give notice, then the questions

regarding the effect or invalidity of instruments are expected to be decided
after, not before registration

Registration must first be allowed and the validity or effect thereof litigated
afterwards

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 REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

7.0 Statement of the Problem

Almost all of the government offices and agencies now a days have implemented the
computerization program. One of its main objective is streamlining all government
transactions for the public and other government offices. Access to information and
communication will be a lot easier and faster. Security is also a factor for the
computerization program.

Thus LRA and LARES have entered into a contract for the computerization of LRA under
a BOO (Build Own Operate) arrangement. The contract involves the comprehensive
modernization of the operations of the LRA and the computerization of its major
business processes.

The program has it flaws during implementation and here are some of the list:

Constant shutdowns and glitches of the System.

Lack of Trainings and seminars for the employee to have a better understanding

and familiarization of the system.

Outages of supplies (O.R.s / Judicial Forms) both from Central Office (LRA/LARES)

causing the delay of transaction.

Approval of sub-plans are centralized resulting to pending transactions.

Lessen unnecessary requirements.

Poor I.T. Support System.

THIS DOCUMENT IS A PERSONAL PROPERTY OF RODOLFO ABRIL B. DEBUQUE

 REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

8.0 Objectives

To streamline the registration of documents and provide the general public a better
service in the most efficient and effective way with the help of computerization program.

9.0 Areas of Consideration

9.1 Strength

Employees are Approachable and Knowledgeable.

Examiners and Entry Clerks are very well versed.
Employees of the RD are dedicated to their work.
Employees are all proactive.
The Register is Transparent with regards to Registrants Transactions.
The Register provides records of all transactions pertaining to certain title.

9.2 Weakness

Unstable computer system.

Lack of Permanent Office Location.
Lack of office facilities and supplies.
Unfiled Documents (Lack of Storage Room).
Lack of Manpower.

10.0 Alternative Course of Action

Constant Team Building and Monitoring of Work Functions.

Advantage: Creates good working environment.
Disadvantage: N/A
Everyone in the office should learn each other functions so in the absence of one,
someone can take over.
Advantage: It will lessen pending transactions.
Disadvantage: Reliant to coworker to do their functions.

THIS DOCUMENT IS A PERSONAL PROPERTY OF RODOLFO ABRIL B. DEBUQUE

 REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

11.0 Recommendation

The researcher recommends that everyone in the office should learn each others functions
provided that the absent employee and the one who will substitute have the same user
function in the computer system, with this, someone can take over the work of the particular
employee. By these recommendations, the flow of transactions will become smoother and
pending transactions will be minimized, moreover, office can continue to function dynamically
despite of an employees absence.

12.0 Plan of Action

WHAT WHO WHEN

1. Conduct employee meeting. Registrar of Deeds Once a week

2. Emphasize to share their Registrar of Deeds Every 2nd Friday of the month
knowledge with their co
employees

3. Ask the employees their Registrar of Deeds Daily

concerns regarding the
system / how is the flow of
transactions.

4. Monitor the Examiners and Registrar of Deeds Daily

Entry clerks activity

5. Check the supplies Registrar of Deeds Weekly

regularly - e.g. judicial
forms, printer inks, papers

THIS DOCUMENT IS A PERSONAL PROPERTY OF RODOLFO ABRIL B. DEBUQUE

REGISTRY OF DEEDS

Document Title: The Land Titling Computerization Project (LTCP)

THIS DOCUMENT IS A PERSONAL PROPERTY OF RODOLFO ABRIL B. DEBUQUE