CERTIFICATE OF TITLE Torrens Certificate of title- the evidence of ownership issued by the register of deeds to the owner of a particular

land which is registered under the Torrens system. A certificate may be an Original Certificate of title or a Transfer Certificate of title Original Certificate of Title- first title issued in the name of the registered owner by the register of deeds covering a parcel of land which had been registered under the torrens system by virtue of judicial or administrative proceedings. Consists of one Original Certificate of Title (OCT) in possession of the register of deeds and one Owners Duplicate Certificate of Title (ODCT) issued to the owner. -Duplicates may be issued to two or more persons in mutual ownership or one certificate declaring the same. Original certificate of title- Within 15 days after the decree of registration the Administrator of the Land registration Authority shall cause the preparation of the OCT and ODCT, signed by the Administrator, sent to the Register of deeds (PD 1529 sec. 39) -Upon receipt of the RoD of the OCT and ODCT, it shall be entered in the record book, numbered, dated, signed and sealed. It shall take effect on the date of entry. RoD shall send notice by mail to the Registered owner and ready for delivery upon payment of legal fees. If two or more owners: One ODCT or several copies of such may be issued if they desire. But it shall be required to surrender any outstanding copies of such in case of voluntary dealings. (PD 1529 sec. 41) -The certificate of title includes the Writ of Possession and Writ of Demolition. Statutory Liens affecting Land title (PD 1529 sec. 44) -The Owner of such certificate of title shall hold such free from all encumbrances EXCEPT: 1. Liens, claims or rights arising under laws, are not required to appear in the record of the registered of deeds 2. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value.

3. Any Public or private way recognized by law, irrigation canal or lateral, if the certificate does not set the boundaries of such. 4. Any disposition of the property or limitation on the use thereof.

CADASTRAL PROCEEDINGS (PD 1529 secs. 35-38) -Involuntary land dealing. Power of the State to expropriate property. -Ordered upon consideration of the President of the Philippines to the Director of Lands to make a cadastral survey of the lands involved and the plans and technical description. -DoL shall give notice to persons claiming interest in the lands as well as to the general public on the day of the survey will begin and te description of the land to be surveyed. It shall be published once in the Official gazette, and posted in a conspicuous place or in the bulletin board of the municipality. -Geodetic engineers or persons in charge of the survey shall give notice of the date of the survey. -Persons claiming interest in the land to be surveyed should communicate with the geodetic engineer for the information concerning boundary lines. -any person who shall obstruct in the making of the survey or maliciously interfere shall be fined P1000 or imprisoned for 1 year or both. (sec. 35)

Petition for registration -shall be instituted by the Solicitor General, filing such in the Regional Trial Court where the land is situated against holders, claimants possessors or occupants of such land. -The petition shall contain a description of the land, survey plan and other data to serve full notice. -If the land consists of 2 or more parcels, the plan shall indicate the boundaries or limits of the various parcels. The parcels shall be called lots and given separate numbers by the DoL known as cadastral lot numbers, numbered consecutively and cannot be changed after final decision. In case of future subdivisions, a Cadastral letter shall be provided. (sec. 36)

Answer -Any claimant, whether named in the notice or not, shall appear in court by himself or an authorized representative shall file an answer on or before the date of initial hearing. -Answer shall be signed and sworn and shall contain: a. Married or unmarried b. Age c. Cadastral lot number and letter d. Name of the barrio or municipality where the land is situated e. names and addresses of owners of adjoining lots f. If no express grant from the government, shall state the length of time of possession and the manner of acquisition of the claimant or his predecessors. g. if not in possession or occupation, the claim on the land h. Tax assessment of last value i. Encumbrances or names of adverse claimants (sec. 37) Hearing -same procedure as that of ordinary and voluntary registration.