PROPERTY

DOCUMENTATION &
REGISTRATION

TERESITA B.
BONGALES
LAND REGISTRATION

• Governed by Act 496 – “The Land Registration Act” (effectivity date –

February 1, 1903)
• Replaced by PD 1529 – “Property Registration Decree” (effectivity date –
June 11, 1978)

Land Registration Authority

• The Land Registration Authority is the agency mandated by Philippine

laws with the task of preserving the integrity of the land registration process and
protecting the sanctity of the Torrens Title. It is the central depository of all land
records and through its Registry of Deeds offices nationwide, that all records are
kept of its instruments affecting registered and unregistered lands as well as
chattel mortgages affecting movable properties.

Title

• "Title" is a generic word meaning proof, evidence or monument of

ownership, such as Tax Declarations, Real Property Tax Receipts, Deeds of
Sale, and the Torrens title. Title, contrary to popular understanding, is not
directly synonymous with Torrens, which is considered as the best evidence of
ownership because "it is binding and indefeasible to the whole world."

INDEFEASIBLE - That which cannot be defeated or undone.

LAND REGISTRATION, defined

• The inscription or recording or annotation of act and contracts relating to

the ownership of and other rights over land
• Done in the office of the Register of Deeds of the city or province where
the property is located
• At least one Register of Deeds for each province and one for each
city.
• A mere ministerial act by which an instrument is sought to be inscribed in
the records of the office of the Register of Deeds and annotated at the
back of the instrument.
• Not a declaration by the state that such an instrument is valid and
subsisting interest in the land.
• Effect and validity can only be determined in an ordinary case before the
courts

PURPOSES OF REGISTRATION

• To give notice of true status of real property and real rights thereto.
• To prejudice third persons
• To records acts or contracts such as the acquisition of ownership and
other real rights over real property
• To prevent the commission of frauds, thus insuring the effectivity of real
rights over real property
 KINDS OF REGISTRATION
• Original Registration – it is the first registration of the land whereby an
Original Certificate of Title is entered in the Registry of Property and a
duplicate owner’s copy is issued to the owner by the Register of Deeds.
• Judicial – through the Courts
• Voluntary – instituted by the applicant under the provision of Act 496 or
PD 1529
• Compulsory – at the instance of the State under the provision of the Act
2259 – Cadastral Act with pertinent provision of Act 496 and PD 1529.
• Administrative – acquisition of land patents to public agricultural lands
and registration thereof under section 107 of CA No. 141.
• Subsequent Registration – it is a process where the Original Certificate
of Title is canceled and subsequently registered under a Transfer
Certificate of Title in favor of the new owner in cases of land conveyance
such as sale, donation or assignment.

WHERE TO APPLY FOR ORIGINAL REGISTRATION OF TITLE

• The Regional Trial Courts shall have the exclusive jurisdiction over all
application for original registration of lands including improvements and
interest therein.

WHO MAY APPLY FOR ORIGINAL REGISTRATION OF TITLE

• Those who themselves or through their predecessors-in-interest have

been in open, continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the public domain under a
bonafide claim of ownership since June 12, 1945, or earlier.
• Those who have acquired ownership of private lands by prescription under
the provisions of existing laws.
• Those who have acquired ownership of private lands or abandoned
riverbeds by right of accession or accretion under the existing laws.
• Those who have acquired ownership of land in any other manner provided
by law. Where the land is owned in common, all the co-owners shall file
the application jointly.

JUDGMENT CONFIRMING OR DENYING TITLE

• The Court shall determine all conflicting claims of ownership and interest
in the land subject of the application.
• If after considering the evidence and the reports of the
● Commissioner of the National Land Transfer and Deeds
Registration Administration (NALTDRA) and the
● Director of Lands Management Bureau,
• If the Courts finds that the applicant or the oppositor has sufficient title
proper for registration, judgment shall be rendered confirming the title of
the applicant, or the oppositor, to the land or portion thereof
• Judgment shall become final and executory upon the expiration the thirty
(30) day period from the date of receipt of notice of the judgment.

DECREE OF REGISTRATION AND ORIGINAL CERTIFICATE OF TITLE (OCT)

• The Court shall issue, within fifteen (15) days from entry of judgment, and
order to the Commissioner for the issuance of the decree of registration
and the corresponding certificate of title which shall bear the date, hour
and minute of its entry, and shall be signed by him.
• It shall state whether the owner is married or unmarried, and if married,
the name of the spouse.
• It shall contain the description of the land as finally determined by the
Court.
• Upon receipt by the Register of Deed of the original and duplicate copies
of the Original Certificate of Title (OCT), the same shall be entered in his
record book and shall be numbered, date signed and sealed by the
Register of Deeds with the seal of his office.
• The certificate of title shall take effect upon the date of entry thereof.
TRANSFER CERTIFICATE OF TITLE (TCT)
• Subsequent certificate of title issued by the Register of Deeds pursuant to
any voluntary or involuntary instrument relating to the same land.
• It shall show
• the number of the previous certificate covering the same land and also
• the fact that it was originally registered, giving the
● record number,
● the number of the original certificate of title, and
● the volume and page of the registration book in which the latter is found.

ATTACHMENTS
• Attachment is a judicial order, emanating from a legal action, authorizing
the sheriff or other public officer to take all the property or rights of any party so
as to preserve the property to satisfy future judgment in favor of the plaintiff.
• Governed by Rule 57 of the Rules of Court.

Three kinds of attachment

• Preliminary attachment – issued during the progress of a legal action. It

may be cancelled any time.
• Garnishment – usually for personal property
• Levy on execution – issued after final judgment

ADVERSE CLAIM

• A written statement, signed and sworn to before a notary public or other

officer authorized to administer oath, by whoever claims any part or
interest in the registered land hostile to the registered owner, arising after
the date of original registration, setting forth fully
•his alleged right or interest, and
•how or under whom acquired,
•a reference to the number of the certificate of title of the registered
owner ,
•the name of the registered owner ,
•and a description of the land in which the right or interest is
claimed.
• Effective for a period of thirty (30) days from the date of registration.
• After lapse of the said period, the annotation of the adverse claim may be
cancelled upon filing of a verified petition by the owner.
• After cancellation, no second claim based on the same ground shall be
registered by the same claimant.

REQUISITES FOR REGISTRATION OF AN ADVERSE CLAIM

• A written statement containing the following:
•The claimant’s alleged right or interest in the property;
•How or under whom such right is acquired;
•A reference to the volume and page number of the certificate of
title of the registered owner of the land;
• A description of the land in which the right is claimed.
• Residence or address where notices may be served upon the claimant.
• The statement must be signed and sworn before a notary public or other
officer authorized to administer oath.

NOTICE OF LIS PENDENS

• Lis Pendens is a latin term meaning a pending litigation. A notice of Lis `
Pendens, when registered with the Registry of Deeds where the land is
recorded serves as a warning to third parties that a particular real property
is in litigation involving the following:
• to recover possession of real estate
• to quiet title thereto
• to remove clouds upon the title thereof
• for partition
• other proceedings of any kind in court directly affecting either the
 title to the land or the use or occupation thereof or the building
thereon

Notice of Lis Pendens may be cancelled upon order of the court after
showing that:
• The notice is for the purpose of molesting the adverse party; or
• It is not necessary to protect the right party who caused it to be registered.
• It may also be cancelled by the Register of Deeds upon verified petition of
the party who caused the registration thereof.

REGISTRATION OF PATENTS

• Whenever public land is alienated, granted or conveyed by the

Government to any person, it shall be the duty of the official issuing the
instrument of alienation, grant, patent or conveyance in behalf of the
Government to cause such instrument to be filed with the Register of
Deeds of the province or city where the land is located, and to be
registered like other deeds and conveyance, whereupon a certificate of
title shall be entered as in other cases of registered land, and an owner’s
duplicate issued to the grantee.

RECORDING OF INSTRUMENTS RELATING TO UNREGISTERED LANDS

(As provided by Section 113, PD 1529)
• No deeds, conveyance, mortgage lease or other voluntary instrument
affecting land not registered under the Torrens System shall be valid
except as between the parties thereto, unless such instrument shall have
been recorded in the office of the Register of Deeds for the city or
province where the land lies.
• The Register of Deeds shall keep a Primary Entry Book and a
Registration Book.
• Primary Entry Book - shall contain among other particulars, the entry
number, the names of the parties, the nature of the document, the date,
hour and minute it was presented and received.
• Deed and other instruments relating to unregistered lands - recorded
by way of annotation on the space provided therefore in the Registration
Book, after having been entered in the Primary Entry Book.
• After recording on the Record Book, the Register of Deeds shall
•Endorse, among other things, upon the original of the recorded
instruments, the file number and the date as well as the hour and minute
when the document was received for recording as shown in the Primary
Entry Book,
•Return to the registrant or person in interest the duplicate of the
instrument, with appropriate annotation,
•Certify that he has recorded the instrument after reserving one copy
thereof to be furnished the provincial or city assessor as required by
existing laws.

FUNCTIONS OF THE REGISTER OF DEEDS

• It is the public repository of records of instruments affecting registered or
unregistered land and chattel mortgages in the province or city wherein
such office is situated.
• To register immediately an instrument presented for registration dealing
with real or personal property which complies with all the requisites for
registration.
• To see to it that instruments presented for registration bears the proper
documentary and science stamps and the same are properly cancelled.
• To deny registration, if such document is not registrable, and inform
presentor of such denial in writing , stating his reason for denial, and
advising him of his right to appeal such decision in accordance with
Section 117 of this PD 1529.
TWO KINDS OF REGISTRATION SYSTEMS NOW USED IN THE
PHILIPPINES
• Registration under the Torrens System which covers both original and
subsequent registration (Act 496 – Land Registration Act)
• Registration under Sec. 194 of the Revised Adm. Code.

Torrens System (Act 496)

• The Land Registration Act, effective Feb. 1, 1903, is a system of

registration named after Sir Robert Torrens who devised it as a member
of the South Australian Parliament, from his experience as a Register
of Deeds.
•A Torrens Title is the certificate of ownership issued under the
Torrens System of registration by the government, through the
Register of Deeds, free from all liens and encumbrances except
such as expressly noted thereon or otherwise reserved by law.

Registration under Sec. 194 of the Revised Adm. Code.

• This law deals with land not registered under Torrens System. Amended
by Act 2837 and later, by Act 3344 dated December 8, 1926.
• Presently under Section 113 of PD 1529 - Rights acquired under this
system are not absolute;
• Spanish Mortgage Law is no longer in effect after August 16, 1976 by
virtue of PD 982 that disallowed the use of the Spanish title for titling and
registration.

NOTES
• Executive Order No. 645 issued February 9, 1981 – reorganizing the LRC.
LRC is now renamed NALTDRA, to be headed by an Administrator and
assisted by an Assistant Administrator.
• The designation of Register of Deeds has been changed to “Registrar of
Land Titles and Deeds” and the offices are to be known as “Registries of
Land Titles and Deeds”
• Land Registration Office is now Land Registration Authority.

DOCUMENTS INVOLVING REAL ESTATE

1. DEED OF SALE
2. DEED OF DONATION
3. EXTRAJUDICIAL SETTLEMENT/ PARTITION
4. MORTGAGE REM ONLY
5. SUBDIVISION /CONSOLIDATION PLANS

OTHERS LIKE ADVERSE CLAIM, LIS PENDENS, AFFIDAVIT OF

LOSS, SHERIFF’S CERTIFICATE OF SALE, SHERIFF’S FINAL DEED
OF SALE, AND OTHERS

Process of Registration at the Office of the Registry of Deeds

1. Fill up upper portion of our Examiner’s Report (name/ address/ signature/
telephone number (personal circumstances)
2. Entry Primary Book (Entry Clerk)
3. Payment of Entry Fee (Cashier) 4.Examination (Examiner)
5. Approval of ROD

If approved,
• Payment of registration & other fees with Cashier
• Schedule (by the Examiner) - estimated date to finish
• Processing (typing)
• Check up
• Signature of ROD
• Release- : only to the presentor
• Signature by presentor that he/she received the document/ title
If disapproved - CONSULTAS
Sec. 117 (Chapter XV) of PD 1529 - Property Registration Decree

•When the Register of Deeds is in doubt with regard to the proper step to
be taken or memorandum to be made in pursuance of any deed,
mortgage or other instrument presented to him for registration, or where
any party in interest does not agree with the action taken by the Register
of Deeds with reference to any such instrument, the question shall be
submitted to the Commissioner of Land Registration (now Land
Registration Authority (LRA) Administrator by the Register of Deeds, or by
the party in interest thru the Register of Deeds.
•Where the instrument is denied registration, the Register of Deeds shall
notify the interested party in writing, setting forth the defects of the
Instrument or legal grounds relied upon, and advising him that if he is not
agreeable to such ruling, he may, without withdrawing the documents from
the Registry, elevate the matter by consulta within five days from receipt of
the notice of the denial of registration to the Commissioner of Land
Registration (now LRA Administrator)
•May appeal to Court of Appeals in accordance with RA No. 5434 if he
disagrees with LRA ruling.
•Consulta fee now is P180 (previously P60) - only payable at the Registry
of origin.