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BASICS IN LAND REGISTRATION LAWS

Atty. Gener C. Endona
IBP Pampanga Chapter

PRIMARY LAW - Presidential Decree No. 1529, Property Registration Decree

I. The Land Registration Authority (LRA) Sec. 28, Chapter 9, Title III, EO
292 Administrative Code of 1987; Composition and Functions

• Administrator

2 Deputy Administrators

Directors for Legal, Administration, Subdivision and Consolidation,

Financial

Chiefs of Divisions - Law, Investigation, Reconstitution, Plans, etc.

Regional Registrars of Deeds and the Registrars of Deeds

II. Section 6. General Functions.

(1) The Commissioner of Land Registration shall have the following functions:

(a) Issue decrees of registration pursuant to final judgments of the courts in

land registration proceedings and cause the issuance by the Registers of
Deeds of the corresponding certificates of title;

(b) Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;

(c) Resolve cases elevated en consulta by, or on appeal from decision of,
Registers of Deeds;

(d) Exercise executive supervision over all clerks of court and personnel of the
Courts of First Instance throughout the Philippines with respect to the
discharge of their duties and functions in relation to the registration of
lands;
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(e) Implement all orders, decisions, and decrees promulgated relative to the
registration of lands and issue, subject to the approval of the Secretary of
Justice, all needful rules and regulations therefor;

(f) Verify and approve subdivision, consolidation, and consolidation-

subdivision survey plans of properties titled under Act No. 496 except those
covered by P.D. No. 957.

(g) Extend speedy and effective assistance to the Department of Agrarian

Reform, the Land Bank, and other agencies in the implementation of the
land reform program of the government;

(h) Extend assistance to courts in ordinary and cadastral land registration

proceedings;

(i) Be the central repository of records relative to original registration of lands

titled under the Torrens system, including subdivision and consolidation
plans of titled lands.

(j) Exercise executive supervision over all clerks of court and personnel of the
Courts of First Instance throughout the Philippines with respect to the
discharge of their duties and functions in relation to the registration of
lands;

(k) Implement all orders, decisions, and decrees promulgated relative to the
registration of lands and issue, subject to the approval of the Secretary of
Justice, all needful rules and regulations therefor;

(l) Verify and approve subdivision, consolidation, and consolidation-

subdivision survey plans of properties titled under Act No. 496 except those
covered by P.D. No. 957.

III. The Register of Deeds

Appointed by the President

There must be one registry for every Province and every City
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Deputy Register of Deeds

Must be a lawyer engaged in the practice of law for at least 3 years

IV. Functions of Register of Deeds:

The office of the Register of Deeds constitutes a public repository of

records of instruments affecting registered or unregistered lands and chattel
mortgages in the province or city wherein such office is situated.

V. Different Kinds of Titles registered in the Register of Deeds:

Original Certificate of Title

Transfer Certificate of Title

OCT issued pursuant to a Decree of Registration

Patent Titles

Emancipation Patents

Certificate of Land Ownership Award (CLOA)

Those issued by the National Commission on Indigenous People (NCIP)

VI. Different Petitions in Court for Issuance of Decree and OCT:

Original Registration Proceedings (Chapter III, Sections 14-34)

Cadastral Registration Proceedings (Chapter IV, Sections 35-38

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Petition for Cancellation and Re-issuance of Decree (Consulta, May 5, 2004,
LRA; Teofilo Cacho vs CA, et al, GR No. 123361, March 3, 1997)

VII. Original Application/ Application for Confirmation of Title:

Filed in the Regional Trial Court where property is located

open, continuous, exclusive and notorious possession and occupation of

alienable and disposable lands of the public domain under a bona fide claim of
ownership since June 12, 1945, or earlier.

those who have acquired ownership of private lands or abandoned river beds
by right of accession or accretion under the existing laws.

Signed and verified by the applicant. If joint owners, must be mentioned in the
application and signed and verified by all joint owners;

The application shall contain a description of the land as per its approved
technical descriptions;

Shall state the residence address, citizenship and civil status of the applicant,
whether single or married, and, if married, the name of the wife or husband;

It shall also state the full names and addresses of all occupants of the land and
those of the adjoining owners, if known, and, if not known, it shall state the
extent of the search made to find them.

Documentary Requirements:

Evidence of ownership or possession (tax declaration, deeds of transfer,

affidavits, payment of real property taxes, etc.)

If inherited, proof of death of previous owners, birth certificates of applicants

Approved technical description;

Approved plan/survey;

Lot Data Computation;

*Certification that Land is Alienable and Disposable

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*Certification from LRA that land has not been issued any decree of registration

*Certification from DENR that land has not been issued any patent title

Procedure:

Court shall issue Order finding the application/petition in due form and
substance and sets the date for hearing (shall not be earlier than forty-five
days nor later than ninety days from the date of the order.)

LRA shall issue the Notice of Hearing

Publication once in the Official Gazette and once in a newspaper of general

circulation in the Philippines

Mailing of Notices to applicants, adjoining owners, occupants of the land,

government offices - RD, Bureau of Lands, DENR, DAR, LLDA (NCR
applications)

Posting in conspicuous places (municipal bulletin boards) at least 14 days

before the date of hearing

Opposition:

Section 25. Opposition to application in ordinary proceedings. Any person

claiming an interest, whether named in the notice or not, may appear and file an
opposition on or before the date of initial hearing, or within such further time as
may be allowed by the court. The opposition shall state all the objections to the
application and shall set forth the interest claimed by the party filing the same
and apply for the remedy desired, and shall be signed and sworn to by him or by
some other duly authorized person.

If the opposition or the adverse claim of any person covers only a portion of the
lot and said portion is not properly delimited on the plan attached to the
application, or in case of undivided co-ownership, conflicting claims of
ownership or possession, or overlapping of boundaries, the court may require
the parties to submit a subdivision plan duly approved by the Director of Lands.

Order of General Default, Sec. 26

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If no person appears and answers within the time allowed, the court shall, upon
motion of the applicant, no reason to the contrary appearing, order a default to
be recorded and require the applicant to present evidence. By the description
in the notice "To all Whom It May Concern", all the world are made parties
defendant and shall be concluded by the default order.

Where an appearance has been entered and an answer filed, a default order
shall be entered against persons who did not appear and answer.

It is important that LRA renders its Report on the application before judgment

Applications involving 2 or more parcels of land may be decided by way of

Partial Judgment on parcels not contested

Judgment becomes final after 30 days from receipt of all parties. Appeal is
allowed.

Sec. 30 - After judgment has become final and executory, it shall devolve
upon the court to forthwith issue an order in accordance with Section 39 of
this Decree to the Commissioner for the issuance of the decree of registration
and the corresponding certificate of title in favor of the person adjudged
entitled to registration.

VIII. Petition for Review or Re-Opening of Decree:

Sole ground is FRAUD

Must be filed within one year from entry of decree

Upon the expiration of said period of one year, the decree of registration and
the certificate of title issued shall become incontrovertible. Any person
aggrieved by such decree of registration in any case may pursue his remedy
by action for damages against the applicant or any other persons responsible
for the fraud.

IX. Innocent Purchaser for Value:

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Sec. 32 - in no case shall such petition (for review or re-opening of decree) be
entertained by the court where an innocent purchaser for value has acquired
the land or an interest therein, whose rights may be prejudiced. Whenever the
phrase "innocent purchaser for value" or an equivalent phrase occurs in this
Decree, it shall be deemed to include an innocent lessee, mortgagee, or other
encumbrancer for value.

X. Cadastral Proceedings:

Initiated by the State through the Director of Lands

Survey of the lands shall be made and all claimants must inform the Geodetic
Engineer of their claims on the land

The State shall file the Petition for Original Registration of the lands surveyed
claiming ownership thereof as against all the holders, claimants, possessors,
or occupants of such lands or any part thereof

holders, claimants, possessors, or occupants of such lands or any part

thereof must file an Answer and prove their claims in the Cadastral
Proceedings, otherwise, the lands shall be adjudicated in favour of the State.

XI. Decree and the OCT:

Once a Decree of Registration is issued by LRA, a corresponding OCT shall

be issued pursuant to said Decree;

The Decree and OCT shall be transmitted to the Registry of Deeds concerned
for registration and issuance to the applicant

All succeeding titles issued after the OCT shall be called Transfer Certificates
of Title (TCT)

XII. Petition for Cancellation and Re-Issuance of Decree of Registration:

Applies only if a Decree has been issued to a particular property but there is
no evidence that an OCT has been issued pursuant thereto.
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Basis is Reply of LRA dated May 5, 2004 to query of Atty. Marco T. Juni citing
Teofilo Cacho vs. CA, et al., GR No. 123361, March 3, 1997

There must be evidence that a decree was indeed issued in a land

registration case, but there was no proof, however, that an original certificate
of title was issued pursuant to the decree

Rationale:

Republic Act No. 26 for Reconstitution of Lost OCT will not lie because it has
not been established that an OCT was in fact issued.

Reconstitution of Decree would not also lie because there is no showing that
the decree was lost. In fact, it exists.

Under Section 39 of PD 1529, the OCT must be a true copy of the decree of
registration. If old decree will not be cancelled, the corresponding OCT issued
today will bear the signature of the present Administrator while the decree
bears the signature of the past Administrator. Hence, cancellation of the decree
and its re-issuance (to be signed by present Administrator) must be ordered to
make the OCT a true copy of the decree.

XII. Petition for Reconstitution of Title:

Applies if the one that was lost is the title in the possession of the Register of
Deeds

May be done Judicially under Act No. 26 or Administratively under RA 6732

Judicial Reconstitution under Act 26 pursuant to Section 110 (PD 1529).

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 insofar as not inconsistent with this Decree.

Formal Requirements and Substantial Requirements:

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Petitioner must be the registered owner or any person with interest on the
property

Address, status, nationality of petitioner

Names and addresses of Adjoining Owners

Proof of existence of the title - owner’s duplicate, technical descriptions, lot data
computation, approved plan, tax declaration, deeds of conveyance bearing the
technical descriptions of the land, microfilm copy from LRA.

Tax Clearance, tax declarations

If owner’s copy is also lost, petition must state that petitioner applies also for
issuance of new owner’s duplicate of the title

Sources of Reconstitution of OCT:

Section 2. Original certificates of title shall be reconstituted from such of the

sources hereunder enumerated as may be available, in the following order:

(a) The owner's duplicate of the certificate of title;

(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;

(c) A certified copy of the certificate of title, previously issued by the register of
deeds or by a legal custodian thereof; (microfilm copy may also be used.)

(d) An authenticated copy of the decree of registration or patent, as the case

may be, pursuant to which the original certificate of title was issued;

(e) A document, on file in the registry of deeds, by which the property, the
description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that its
original had been registered; and

(f) Any other document which, in the judgment of the court, is sufficient and
proper basis for reconstituting the lost or destroyed certificate of title.

Sources of Reconstitution of lost TCT:

(a) The owner's duplicate of the certificate of title;

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(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;

(c) A certified copy of the certificate of title, previously issued by the register of
deeds or by a legal custodian thereof;

(d) The deed of transfer or other document, on file in the registry of deeds,
containing the description of the property, or an authenticated copy thereof,
showing that its original had been registered, and pursuant to which the lost or
destroyed transfer certificate of title was issued;

(e) A document, on file in the registry of deeds, by which the property, the
description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that its
original had been registered; and

(f) Any other document which, in the judgment of the court, is sufficient and
proper basis for reconstituting the lost or destroyed certificate of title.

PROCEDURE:

Publication twice in successive issues of the Official Gazette ( no newspaper

publication)

To be posted on the main entrance of the provincial building and of the municipal
building of the municipality or city in which the land is situated, at least thirty days
prior to the date of hearing.

Copy of the notice to be sent, by registered mail or otherwise, at the expense of

the petitioner, to every person named therein whose address is known, at least
thirty days prior to the date of hearing.

Said notice shall state, among other things, the number of the lost or destroyed
certificate of title, if known, the name of the registered owner, the names of the
occupants or persons in possession of the property, the owners of the adjoining
properties and all other interested parties, the location, area and boundaries of
the property, and the date on which all persons having any interest therein must
appear and file their claim or objections to the petition.

NOTE: Due to the recent computerization of the RD titles, there is no need to

file a Petition for Reconstitution of the hard copy of the RD title because the title as
encoded in the database of the computerized system should be regarded as
evidence on the existence of the said title under the ECommerce Law. Hence, even
if hard copy of title was lost by fire, mishandling, or natural calamities, the electronic
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copy of the title in the database shall be regarded with same faith and credit as
evidence of its existence.

Republic Act No. 8792, October 14, 2000.

Section 5. Definition of Terms:

(f) "Electronic Document" refers to information or the representation of information,

data, figures, symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished, or by
which a fact may be prove and affirmed, which is receive, recorded, transmitted,
stored, processed, retrieved or produced electronically.

Section 6. Legal Recognition of Electronic Data Messages - Information shall not

be denied legal effect, validity or enforceability solely on the grounds that it is in the
data message purporting to give rise to such legal effect, or that it is merely referred
to in that electronic data message.

Section 7. Legal Recognition of Electronic Documents - Electronic documents shall

have the legal effect, validity or enforceability as any other document or legal
writing, and -

Where the law requires a document to be in writing, that requirement is met by an

electronic document if the said electronic document maintains its integrity and
reliability and can be authenticated so as to be usable for subsequent reference, in
that -

i. The electronic document has remained complete and unaltered, apart from the
addition of any endorsement and any authorized change, or any change which
arises in the normal course of communication, storage and display; and

ii. The electronic document is reliable in the light of the purpose for which it was
generated and in the light of all relevant circumstances.

(b) Paragraph (a) applies whether the requirement therein is in the form of an
obligation or whether the law simply provides consequences for the document not
being presented or retained in its original from.

(c) Where the law requires that a document be presented or retained in its original
form, that requirement is met by an electronic document if -

i. There exists a reliable assurance as to the integrity of the document from the time
when it was first generated in its final form; and

ii. That document is capable of being displayed to the person to whom it is to be

presented: Provided, That no provision of this Act shall apply to vary any and all
requirements of existing laws on formalities required in the execution of documents
for their validity.
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For evidentiary purposes, an electronic document shall be the functional equivalent
of a written document under existing laws.

XIII. Petition for Issuance of New Owner’s Duplicate of the title:

Section 109 of PD 1529

Execution and Registration of Affidavit of Loss (to be executed by the one

who has last custody of the title) stating the circumstances of his/her
possession and how the copy was lost.

The following must be alleged in the Petition:

Personal circumstances of the petitioner (registered owner, any person in

interest, co-owner)

Addresses of concerned parties (co-owners, sellers, etc) for notification

purposes

Description of the land

Circumstances of loss

Documentary Requirements:

Certified Electronic Copy of the title from RD

Annotation of Affidavit of Loss and copy of the Affidavit of Loss

Tax Declaration and Tax Clearance

Proof of ownership or interest (in case petitioner is not the registered owner)
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Hearing and Procedure:

No publication is required

No appearance of Solicitor General is required

Register of Deeds and LRA must be impleaded as necessary parties

Judgment becomes final after a period of 15 days from receipt

XIX. 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 by Register of Deeds, except by order of the
Court.

XV. Section 107. Surrender of withhold duplicate certificates.

Loss vs Held by Third Person:

Where it is necessary to issue a new certificate of title pursuant to any

involuntary instrument which divests the title of the registered owner against his
consent or where a voluntary instrument cannot be registered by reason of the
refusal or failure of the holder to surrender the owner's duplicate certificate of
title, the party in interest may file a petition in court to compel surrender of the
same to the Register of Deeds. The court, after hearing, may order the
registered owner or any person withholding the duplicate certificate to surrender
the same, and direct the entry of a new certificate or memorandum upon such
surrender. If the person withholding the duplicate certificate is not amenable to
the process of the court, or if not any reason the outstanding owner's duplicate
certificate cannot be delivered, the court may order the annulment of the same
as well as the issuance of a new certificate of title in lieu thereof. Such new
certificate and all duplicates thereof shall contain a memorandum of the
annulment of the outstanding duplicate.
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XVI. Request for Additional Owner’s Duplicate of Title

Section 41. xxx

If two or more persons are registered owners, one owner's duplicate certificate
may be issued for the whole land, or if the co-owners so desire, a separate
duplicate may be issued to each of them in like form, but all outstanding
certificates of title so issued shall be surrendered whenever the Register of
Deeds shall register any subsequent voluntary transaction affecting the whole
land or part thereof or any interest therein. The Register of Deeds shall note on
each certificate of title a statement as to whom a copy thereof was issued.

XVII. Petition for Issuance of Another Owner’s Duplicate of Title:

May be filed by a co-owner in case he cannot make a request in the Register

of Deeds because the other co-owner who has custody of the title does not want to
surrender said title to the Register of Deeds for proper annotation of issuance of
another owner’s duplicate of the title.

XVIII. VOLUNTARY Transaction in the Register of Deeds.

These transactions need the surrender of the owner's duplicate of the title,
otherwise, the document would be denied registration. Reason for this is because
the documents would involve contracts and agreements that need the consent of
the registered owner and therefore the owner's duplicate of the title must be
surrendered that would signify his/her consent to the transaction.

Examples are:

Sale, Mortgage, Special Power of Attorney, Cancellation of Special Power of

Attorney, Lease, Right of Way, or any such other real rights and interests that would
create a lien or encumbrance on the title executed with the consent of the
registered owner.

XIX. INVOLUNTARY TRANSACTIONS

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These refer to documents that may be registered even without the surrender
of the owner's duplicate of the title. Rationale on not requiring the owner's duplicate
of the title before registration is because these transactions are adverse to the
rights of the registered owner and that he/she cannot be expected to cooperate by
submitting the owner's copy of his/her title.

Examples:

Notice of Lis Pendens, Affidavit of Adverse Claim, Notice of Levy on

Execution, Preliminary Attachment, Order of Injunction or Prohibition, Court Orders
on reconveyance of title, cancellation of title, partition, etc.

XX. NOTICE OF LIS PENDENS, Section 14, Rule 13

Lis pendens is a Latin term which literally means a pending suit. Notice of lis
pendens is filed for the purpose of warning all persons that the title to certain
property is in litigation and that if they purchase the same, they are in danger of
being bound by an adverse judgment. The notice is, therefore, intended to be a
warning to the whole world that one who buys the property does so at his own risk.
This is necessary in order to save innocent third persons from any involvement in
any future litigation concerning the property. (Lim vs Vera Cruz, G.R. No. 143646,
April 4, 2001)

Action Proper for Lis Pendens

Action affecting the title or right of possession to real property. Collection for
sum of money not proper for lis pendens.

May be filed by plaintiff or defendant

How to Cancel Lis Pendens:

Section 14, Rule 13 - The notice of lis pendens hereinabove mentioned may
be cancelled only upon order of the court, after proper showing that the
notice is for the purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the party who caused it to be recorded.
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Section 77, PD 1529 - The notice of lis pendens hereinabove mentioned may
be cancelled only upon order of the court, after proper showing that the
notice is for the purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the party who caused it to be recorded.

It may also be cancelled by the Register of Deeds upon verified petition

of the party who caused registration thereof.

Cancellation if Decision was Rendered

Certified copy of the decision dismissing the claim against the

property;

Entry of Judgment

Request Letter for cancellation, duly notarized.

Of course, Lis Pendens may be cancelled anytime by the party who

caused its registration by mere Affidavit.

Jurisprudence of Lis Pendens

G.R. No. 148568, March 20, 2003, ATLANTIC ERECTORS, INC., petitioner, vs.
HERBAL COVE REALTY CORPORATION)

As a general rule, the only instances in which a notice of lis pendens may be
availed of are as follows: (a) an action to recover possession of real estate;
(b) an action for partition; and (c) any other court proceedings that directly
affect the title to the land or the building thereon or the use or the occupation
thereof. Additionally, this Court has held that resorting to lis pendens is not
necessarily confined to cases that involve title to or possession of real
property. This annotation also applies to suits seeking to establish a right to,
or an equitable estate or interest in, a specific real property; or to enforce a
lien, a charge or an encumbrance against it.
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Even assuming that petitioner had sufficiently alleged such lien or
encumbrance in its Complaint, the annotation of the Notice of Lis Pendens
would still be unjustified, because a complaint for collection and damages is
not the proper mode for the enforcement of a contractor's lien.

Thus, when a complaint or an action is determined by the courts to be in

personam, the rationale for or purpose of the notice of lis pendens ceases to
exist. To be sure, this Court has expressly and categorically declared that the
annotation of a notice of lis pendens on titles to properties is not proper in
cases wherein the proceedings instituted are actions in personam.

Magdalena Homeowners Association, Inc. v. Court of Appeals26(G.R. No.

60323, 17 April 1990)enumerated the cases where a notice of lis pendens is
appropriate:

notice of lis pendens is proper in the following cases, viz:

a) An action to recover possession of real estate;

b) An action to quiet title thereto;

c) An action to remove clouds thereon;

d) An action for partition; and

e) Any other proceedings of any kind in Court directly affecting the title to the
land or the use or occupation thereof or the buildings thereon.

On the other hand, the doctrine of lis pendens has no application in the
following cases:

a) Preliminary attachments;

b) Proceedings for the probate of wills;

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c) Levies on execution;

d) Proceedings for administration of estate of deceased persons; and

e) Proceedings in which the only object is the recovery of a money judgment.

Basis is mere motion and registrant is not principal party to the main action
but mere movant.

XXI. Adverse Claim

Section 70, PD 1529. Adverse claim. Whoever claims any part or interest in
registered land adverse to the registered owner, arising subsequent to the
date of the original registration, may, if no other provision is made in this
Decree for registering the same, make a statement in writing 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.

The statement shall be signed and sworn to, and shall state the adverse
claimant's residence, and a place at which all notices may be served upon
him. This statement shall be entitled to registration as an adverse claim on
the certificate of title. The adverse claim shall be effective for a period of
thirty days from the date of registration. After the lapse of said period,
the annotation of adverse claim may be cancelled upon filing of a
verified petition therefor by the party in interest: Provided, however, that
after cancellation, no second adverse claim based on the same ground shall
be registered by the same claimant.

Before the lapse of thirty days aforesaid, any party in interest may file a
petition in the Court of First Instance where the land is situated for the
cancellation of the adverse claim, and the court shall grant a speedy hearing
upon the question of the validity of such adverse claim, and shall render
judgment as may be just and equitable. If the adverse claim is adjudged to
be invalid, the registration thereof shall be ordered cancelled. If, in any case,
the court, after notice and hearing, shall find that the adverse claim thus
registered was frivolous, it may fine the claimant in an amount not less than
one thousand pesos nor more than five thousand pesos, in his discretion.
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Before the lapse of thirty days, the claimant may withdraw his adverse claim
by filing with the Register of Deeds a sworn petition to that effect.
ALICIA P. LOGARTA vs CATALINO M. MANGAHIS, July 5, 2016)

Thus, the prevailing rule is that voluntary instruments such as contracts of

sale, contracts to sell, and conditional sales are registered by presenting the
owner's duplicate copy of the title for annotation, pursuant to Sections 51 to
53 of PD 1529.55 The reason for requiring the production of the owner's
duplicate certificate in the registration of a voluntary instrument is that, being
a willful act of the registered owner, it is to be presumed that he is interested
in registering the instrument and would willingly surrender, present or
produce his duplicate certificate of title to the Register of Deeds in order to
accomplish such registration.56 The exception to this rule is when the
registered owner refuses or fails to surrender his duplicate copy of the title, in
which case the claimant may file with the Register of Deeds a statement
setting forth his adverse claim.

The Sajonas Doctrine

(G.R. No. 102377 July 5, 1996)

Construing the provision as a whole would reconcile the apparent

inconsistency between the portions of the law such that the provision on
cancellation of adverse claim by verified petition would serve to qualify the
provision on the effectivity period. The law, taken together, simply means that
the cancellation of the adverse claim is still necessary to render it ineffective,
otherwise, the inscription will remain annotated and shall continue as a lien
upon the property. For if the adverse claim has already ceased to be effective
upon the lapse of said period, its cancellation is no longer necessary and the
process of cancellation would be a useless ceremony.

To interpret the effectivity period of the adverse claim as absolute and without
qualification limited to thirty days defeats the very purpose for which the
statute provides for the remedy of an inscription of adverse claim, as the
annotation of an adverse claim is a measure designed to protect the interest
of a person over a piece of real property where the registration of such
interest or right is not otherwise provided for by the Land Registration Act or
Act 496 (now P.D. 1529 or the Property Registration Decree), and serves as
a warning to third parties dealing with said property that someone is claiming
an interest or the same or a better right than the registered owner thereof.
31The reason why the law provides for a hearing where the validity of the

adverse claim is to be threshed out is to afford the adverse claimant an

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opportunity to be heard, providing a venue where the propriety of his claimed
interest can be established or revoked, all for the purpose of determining at
last the existence of any encumbrance on the title arising from such adverse
claim. This is in line with the provision immediately following: “Provided,
however, that after cancellation, no second adverse claim shall be registered
by the same claimant.”

Other Involuntary Transactions

Where Owner’s copy of title Need not be surrendered

Final Decisions on cancellation of title

Register of Deeds can cancel the owner’s duplicate of the title if not
surrendered, must be included in the dispositive portion of decision.

Levy on execution

Attachments

Injunctions

END OF LECTURE