AT T Y. H A Z E L D .
E S P I N A
and Deeds
Land Titles
INTRODUCTION
Importance of the Purpose of Land Computerization of the
Land Registration
Subject Registration Authority (LRA) and its
Registries.
Relationship
Goals!
DID YOU KNOW?
The Philippine Land Scenario
The
Total land area is 30 Million hectares Philippine Land
Scenario
Sixty percent or 18M hectares are made
available for human settlement
as A & D lands.
The
Philippine Land
Scenario
Forty percent or 12M hectares are
reserved as non-alienable lands.
MAN TO LAND RATIO IS
THEREFORE :
1.8 ha : 10 Filipinos.
The Philippine Land
Scenario
Titled lands cover only some 6 million
hectares.
24 Million titles are
stored in the vaults
of the 168 registries
nationwide
What is Land
Registration?
Title vs Certificate of Title
Foundation of Evidence of ownership
ownership
OCT vs TCT
Original Certificate of Title Transfer Certificate of Title
Evolution of land
registration
in the Philippines
Regalian Doctrine
ownership of all lands, territories
and possessions in the Philippines
passed to the Spanish Crown.
Evolution of land registration in
the Philippines
1902 – 1903 – Act No. 1936- 1976- PD No. 892 on June 11, 1978 – Act No.
Philippine Bill 496 known Commonwealth the February 16,1976 496 was amended and
of 1092 as the Land Act No. 141 updated by PD No.
Registration amended Act No. 1529, known as the
Act 2874 known now Property Registration
as the Decree
Public Land Act
Publicity
PURPOSES OF
REGISTRATION OF
LAND UNDER THE
TORRENS SYSTEM
“priore tempore, priore
jure”
Effect of land registration
under the Torrens System e
ti c
No
i v e
ct
tr u
n s
Co
Attributes of a title issued
under the Torrens System
Indefeasibility
Incontrovertibility
Imprescriptibility
Torrens System does not
create or vest title because
registration is not a mode of
acquiring ownership.
METHO D S O F
RE G I S T R AT IO N :
TRANSCRIPTION
IS THE ENTERING OF
TRANSACTIONS
IN THE
REGISTRATION
BOOK
METH O D S O F
R E G IS TR A T IO N :
INSCRIPTION
IS THE RECORDING ON
THE CERTIFICATE OF
TITLE MEMORANDUM
OR AN ABSTRACT OF
THE INSTRUMENT
V O L U N TA RY I N V O L U N TA RY
TYPES OF
TRANSACTONS
The LRA and the Registers of Deeds
: Official Custodians of Assets That Generate
Economic Activity
OF THIS, 156 REGISTRIES HAVE
THERE ARE 168 GONE LIVE AND ARE NOW
REGISTERS OF DEEDS OPERATING UNDER THE LAND
TITLING Computerization Project of
NATIONWIDE. the LRA.
A TOTAL OF 24,419,201 TITLES
ARE COVERED BY THE PROJECT
AND 24,075,496 HAVE BEEN
SCANNED AND A MORE OR LESS
SIMILAR NUMBER ENCODED.
Governing Law
P.D. 1529 (Property Registration Decree), approved on June 11,
1978, codified and incorporated the following laws related to
property registration:
Act 496 The Land Registration Act (Feb 1, 1903);
C.A. 141 The Public land Act (Nov 7, 1936)
•Act 3344 System of Registration for Unregistered Lands (December 8, 1926)
•Act 1508 The Chattel Mortgage Law, as amended (July 2, 1906)
•R.A. 26 Reconstitutionof Original Certificates of Title (Sept. 25, 1946). (Amended by RA
6732, July 17, 1989)
Governing Law
P.D. 1529 codified and incorporated the following laws :
(cont'd)
•P.D. 27 Emancipation Patents, Land Reform Law (October 21, 1972)
•
•P.D. 957 Subdivision and Condominium Protective Buyers’ Decree (July 12,1976)
•
•R.A. 4726 Condominium Act (June 18, 1966)
Legal Basis and Nature
of Land Registration
Regalian Doctrine
(The Constitution - 1935, 1973, & 1987)
Regalian Doctrine
- All lands belong to the State
- Only agricultural lands may be disposed of
(Sec. 2 Art. XII of the 1987 Constitution)
Concept
of
Jura Regalia
Does not negate
“native title”
The Torrens System
by Sir Robert Torrens
Title by registration
over
“title by deeds”
Purpose of Torrens System
•To quiet title to land
• To put a stop forever to any question of the legality of the title, except claims which were noted
at the time of registration, in the certificate, or which may arise subsequent thereto
• To facilitate transactions involving lands
LAND REGISTRATION
AUTHORITY AND ITS
REGISTRIES OF DEEDS
Historical Evolution of LRA
1902 Act 2347 Creating 1954 1981 – National
– Court of land – Land Titles & Deeds
General Land
registration Registration Registration
Registration Office
Commission under Administration
(Act 496- Land (GLRO) DOJ (NALTDRA), under
Registration Law. which at the time the Ministry of
Nov. 6, 1902) exercising Justice – Executive
supervision of the Order 649 (1981)
court
Historical Evolution of LRA
(cont'd)
1989
– Land Registration
Authority – Executive Order
292 (July 25, 1989),
Administrative Code of 1987
LRA: Functions
Assistance to the Department of Agrarian Reform, the Land Bank, and
other agencies in the implementation of the land reform program of the
government;
Extend assistance to courts in ordinary and cadastral land registration
proceeding;
LRA: Functions
Central repository of records relative to original
registration of lands titles under the Torrens system,
including subdivision and consolidation plans of titled
lands. (Section 6, PD 1529)
LRA: Functions
Issue decrees of registration pursuant to final judgments of the court
Exercise supervision and control over all Register of Deeds and other
personnel of the Commission;
Resolve cases elevated en Consulta by, or an appeal from decision of
Registers of Deeds
Register of Deeds
The office of the Register of Deeds constitutes a public
repository of records or instruments affecting registered or
unregistered lands and chattel mortgage in the province or
city wherein such office is situated.
Register of Deeds
Immediately register an instrument which complies with
all the requisites for registration
(Section 10 PD 1529)
The Administrator
- an officer of the court and so the issuance of a final
decree is a judicial function and
not an administrative one
(Laburada vs. LRA, G.No. No. 101387 March 11,1998)
The Administrator
May refuse to issue a decree of registration if there exist
sufficient evidence that the subject land may already be included
in an existing Torrens certificate of title.
He cannot, by way of mandamus be
compelled to issue a decree of registration.
The Register of Deeds
cannot, by way of mandamus be
compelled to issue a decree of registration.
The Computerization of
the Land Registration
Authority (LRA) and
its Registries
Meant to address the problems of (1)
a disorganized records management
system, and (2) the continued loss of
records
Introduction of Supported by documents shall no longer be
Republic Act 8792, or subject to wear and tear, and
Electronic
the E Commerce the “ravages of
Documents time”
Law
Thank you!
