Scribd
Upload
85 views21 pages

LTD No.4

The document discusses key provisions and requirements regarding certificates of title and land registration under the Property Registration Decree. It explains the different types of certificates of title, requirements for voluntary and involuntary transactions, procedures for reconstituting lost titles, and requirements for registering transfers and encumbrances on land titles.

Uploaded by

Cyrus Pural Eboña
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
85 views21 pages

LTD No.4

The document discusses key provisions and requirements regarding certificates of title and land registration under the Property Registration Decree. It explains the different types of certificates of title, requirements for voluntary and involuntary transactions, procedures for reconstituting lost titles, and requirements for registering transfers and encumbrances on land titles.

Uploaded by

Cyrus Pural Eboña
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 21

CERTIFICATE OF TITLE

CERTIFICATE OF TITLE
• A document proving ownership over a parcel or parcels of land which is issued only by
the Office of the Register of Deeds concerned.

• Original Certificate of Title (OCT) – first title issued to a parcel of land. It can be
acquired thru judicial or administrative procedures.
• Transfer Certificate of Title (TCT) – subsequent titles issued after original registration.
• Reconstituted Title (RO/RT) – title issued through administrative or judicial procedures
in replacement of those lost, missing or destroyed.
Kinds of Certificate of Title
Section 47. Registered land not subject to prescriptions 

• No title to registered land in derogation of the title


of the registered owner shall be acquired by
prescription or adverse possession.
Section 48. Certificate not subject to collateral attack 

• A certificate of title shall not be subject to collateral


attack. It cannot be altered, modified, or canceled
except in a direct proceeding in accordance with
law.
Section 53. Presentation of owner's duplicate
upon entry of new certificate
• No voluntary instrument shall be registered by the Register of
Deeds, unless the owner's duplicate certificate is presented with
such instrument, except in cases expressly provided for in this
Decree or upon order of the court.
• The production of the owner's duplicate certificate, whenever any
voluntary instrument is presented for registration, shall be
conclusive authority from the registered owner to the Register of
Deeds x x
Section 108. Amendment and alteration of
certificates
• No erasure, alteration, or amendment shall be made upon the
registration book after the entry of a certificate of title or of a
memorandum thereon and the attestation of the same be Register
of Deeds, except by order of the proper Court of First Instance.
Grounds invoked under Sec. 108
• that the registered interests have terminated and ceased; or
• that new interest not appearing upon the certificate have arisen or
been created; or
• that an omission or error was made in entering a certificate or any
memorandum thereon, or, on any duplicate certificate; or
• that the registered owner has married, or, if registered as married,
that the marriage has been terminated and no right or interests of
heirs or creditors will thereby be affected;
Section 109. Notice and replacement of
lost duplicate certificate
• In case of loss or theft of an owner's duplicate certificate of title, due
notice under oath shall be sent by the owner or by someone in his
behalf to the Register of Deeds of the province or city where the
land lies as soon as the loss or theft is discovered. If a duplicate
certificate is lost or destroyed, or cannot be produced by a person
applying for the entry of a new certificate to him or for the
registration of any instrument, a sworn statement of the fact of such
loss or destruction may be filed by the registered owner or other
person in interest and registered xx
Section 109. Notice and replacement of
lost duplicate certificate
• Upon the petition of the registered owner or other person in
interest, the court may, after notice and due hearing, direct the
issuance of a new duplicate certificate, which shall contain a
memorandum of the fact that it is issued in place of the lost
duplicate certificate xx
Section 110. Reconstitution of lost or
destroyed original of Torrens title
• Original copies of certificates of title lost or destroyed in the offices
of Register of Deeds as well as liens and encumbrances affecting
the lands covered by such titles shall be reconstituted judicially in
accordance with the procedure prescribed in Republic Act No. 26
xx
• The procedure relative to administrative reconstitution of lost or
destroyed certificate prescribed in said Act is hereby abrogated.
inoperative/abrogated
(Sec 6 of RA 6732)

• Section 6 (RA 26). The register of deeds may motu propio


reconstitute a certificate of title from its corresponding owner's
duplicate, and, for this purpose, may compel the registered owner,
or any person holding such owner's duplicate, to surrender the
same to the registry of deeds. After the reconstitution said owner's
duplicate shall be returned to the person concerned.
• Register of Deeds vs RTC Malabon GR No. 88623 Feb 5, 1990
• Reconstitution – is the restoration of the instrument or title allegedly
lost or destroyed in its original form and condition.
Republic Act No. 26 Sept. 25, 1946
AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF
TORRENS CERTIFICATES OF TITLE LOST OR DESTROYED

• Petitioner may not in filing the petition for reconstitution seek the
change of ownership nor seek the issuance of writ of possession.
• RA No. 6732 July 17, 1989
• AN ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL
COPIES OF CERTIFICATES OF TITLES LOST OR DESTROYED DUE TO
FIRE, FLOOD AND OTHER FORCE MAJEURE

• 1. Number of damaged titles is at least 10% of the total number of


titles lost
• 2. In no case the number of damaged or lost titles be less than 500
SUBSEQUENT REGISTRATION

VOLUNTARY DEALINGS
WITH REGISTERED LAND
Voluntary v. Involuntary
• A voluntary instrument is a willful act of the registered owner of
the land to be affected by registration, while an involuntary
instrument is one pertaining to a transaction affecting lands in
which the registered owner’s cooperation is not needed and which
transaction may even be done against his will.
(Auto Group v CA GR 157553 Sept 8, 2004)
Section 51. Conveyance and other dealings
by registered owner

• An owner of registered land may convey, mortgage, lease, charge


or otherwise deal with the same in accordance with existing laws.
He may use such forms of deeds, mortgages, leases or other
voluntary instruments as are sufficient in law.
Section 51. Conveyance and other dealings by registered
owner

• The act of registration shall be the operative act to convey or


affect the land insofar as third persons are concerned,
• and in all cases under this Decree, the registration shall be made in
the office of the Register of Deeds for the province or city where
the land lies.
Formal Details required of voluntary
Instruments (Sec. 55)
• Full name
• Nationality
• Civil status
• If married, the name of spouse
• Residence/postal address
• If corporation or association, qualified to acquire land
Section 56. Primary Entry Book; fees;
certified copies

• All deeds and voluntary instruments shall be presented with their


respective copies and shall be attested and sealed by the Register
of Deeds, endorsed with the file number, and copies may be
delivered to the person presenting them.
• Certified copies of all instruments filed and registered may also be
obtained from the Register of Deeds upon payment of the
prescribed fees.
Section 59. Carry over of encumbrances 

• If, at the time of any transfer, subsisting encumbrances or


annotations appear in the registration book, they shall be carried
over and stated in the new certificate or certificates; except so far
as they may be simultaneously released or discharged.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy