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Certificate of Title

The document discusses the issuance and contents of certificates of title for registered land in the Philippines. It provides details on: 1) What a certificate of title represents, including being conclusive evidence of ownership. 2) How the title becomes indefeasible after one year and exceptions to this. 3) What encumbrances on the land are noted or not noted on the certificate. 4) The process for subdividing or consolidating registered titles.

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Mj Villafania
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
430 views

Certificate of Title

The document discusses the issuance and contents of certificates of title for registered land in the Philippines. It provides details on: 1) What a certificate of title represents, including being conclusive evidence of ownership. 2) How the title becomes indefeasible after one year and exceptions to this. 3) What encumbrances on the land are noted or not noted on the certificate. 4) The process for subdividing or consolidating registered titles.

Uploaded by

Mj Villafania
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CERTIFICATE OF TITLE

ISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OF TITLE

The court shall issue within 15 days from the entry thereof, an order directing the LRA
administrator to issue the corresponding decree of registration and certificate of title

CERTIFICATE OF TITLE

1. The OCT shall be the true copy of the decree of registration


2. Transcript of the decree
3. Accumulates in one decree a precise and correct statement of the
exact status of the fee simle title which an owner possesses
4. Evidence of the title which the owner has
5. What appears on the face of the title is controlling on questions of
ownership sicne the certificate of title is an absolute and
indeafisible evidence of ownership of the property in favor of the
person whose name appears theein

DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THE WHOLE WORLD

As soon as the decree of title has been registered in the office of the RD, the property
included therein becomes registered land Certificate of title shall take effect upon the
transcription of the decree

REGISTRATION DOESN'T GIVE ANY PERSON A BETTER TITLE THAN WHAT HE REALLY HAS
PROBATIVE VALUE OF A CERTIFICATE OF TITLE

Serves as an indeafisible title to the property in favor of the person whose name appears
therein and is conclusive as to the identity of the land and its location
The title becomes indeafisible and incontrovertible one year from its final decree
The notations or memoranda at the back of the certificate aren’t admissible as proof of the
contracts or documents to which they pertain
Validity and correctness of the title is presumed

WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE EARLIER IN DATE
PREVAILS
ENTRY OF OCT
The OCT is issued for the first time after initial registration proceedings
OCT shall be the true coy of the decree of registration
Upon receipt of the RD of the original and duplicate copy of the certificate of title, he shall
enter the same in the record book and shall be numbered, dated and signed and sealed
with the seal of his office

ISSUANCE OF THE OWNER’S DUPLICATE CERTIFICATE


Shall be delivered to the registered owner or his duly authorized representative

If 2 or more persons are registered owners, one owner’s duplicate may be issued for the
whole land

If the 2 co-owners desire, a separate duplicate may be issued to each of them in like form
but all outstanding certificates so issued shall be surrendered whenever the RD shall
register any subsequent voluntary transaction affecting the whole land or part thereof or
any interest therein

THE ISSUANCE OF MORTGAGEE’S DUPLICATE CERTIFICATE IS DISCONTINUED CO OWNER


MAY ONLY DISPOSE OF HIS ALIQUOT SHARE IN THE PROPERTY HELD IN COMMON
REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNER’S DUPLICATE

Registered owner has preferential right to the possession of the owner’s duplicate as
against one whose name doesn't appear in the certificate but who may have right or claim
to the possession of the land

DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEAR UPON ITS ISSUANCE.
THERE ARE EXCEPTIONS THOUGH—
1. Laches
2. If there is fraud and misrepresentation on the title over public
land
3. Buyer in bad faith
4. When the title over the land which you acquire is already privately
owned

CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED THEREIN AND THE
ENCUMBERANCES ENUMERATED IN THE LAW ENUMERATION OF ENCUMBERANCES
ENUMERATED IN THE LAW
1. Liens, claims, or rights existing or arising under the laws or the constitution which aren’t
by law required
2. Unpaid real estate taxes levied or assessed within 2 years immediately preceding the
acquisition of any right over the land
3. Any public highway or private way established or recognized by the law, or any
government irrigation canal or lateral thereof
4. Any disposition of the property or limitation to the use thereof by virtue of PD 27 or any
other law or regulation or agrarian reform—
Tenancy Emancipation Decree and Comprehensive Agrarian Reform Law)
5. Rights incident to the relation of husband and wife and landlord and tenant
6. Liability to attachment and execution
7. Liability to any lien of any description established by law and the buildings thereon or an
interest of the owner of such lands or buidings
8. Rights incident to the laws of descent or partition between co-owners
9. Taking of the property through eminent domain
10. Right to relieve the land from liability to be recovered by an assignee in insolvency or
trustee in bankruptcy under the laws relative to preferences
11. Rights or liabilities created by law and applicable to unregistered land

ENCUMBERANCES
Burden upon land, depreciative of its value, such as lien, easement, or servitude, which
though adverse to the interest of the landowner, doesn't conflict with his conveyance of
the land in fee

LIEN
Charge on the property
Qualified right or a proprietary interest which may be exercised over the property of
another

REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT GO BEYOND THE
REGISTRY TO DETERMINE CONDITIONS OF PROPERTY SUPERIOR LIEN IN FAVOR OF
GOVERNMENT COMPLEMENTARY TO THE DISTRAINT OF PERSONAL PROPERTY AND
INTEREST AND RIGHTS THEREIN AND JUDICIAL ACTION UNPAID REAL ESTATE TAXES

Refers to unpaid taxes levied and assessed within 2 years immediately preceding the
acquisition of any right over the land by an innocent purchaser for value
Automatically registered

TENANT EMANCIPATION DECREE


Tenant farmer—if not registered, 5 hectares and if irrigated, 3 hectares
Landowner may retain an area of not more than 7 hectares if such landowner is cultivating
such area or will not cultivate it

CARL
Landowner may not retain more than 5 hectares
Three hectares may be allowed to each child of the landowner—provided that he is at least
15 years old and that he is actually tilling the land or directly managing the farm

PUBLIC PATENT
Land not subject to any encumberance or alienation from the date of approval and for the
term of 5 years from and after the date of issuance of the patent or grant

OTHER STATUTORY LIENS


Alienable lands of the public domain granted or donated or transferred to a province,
municipality, or branch of the government shall not be alienated or encumbered or
otherwise disposed of in a manner affecting its title except when authorized by Congress

CONTENTS OF A CERTIFICATE OF TITLE


1. Full names of all persons whose interest make up the full
ownership of the land
2. Civil status
3. Names of the respective spouses
4. Citizenship
5. Residence and postal address

NOTHING IN THE DECREE SHALL BE CONSTRUED AS RELIEVING THE REGISTERED LAND OR


THE OWNERS THEREOF FROM ANY RIGHTS INCIDENT TO THE RELATION OF THE HUSBAND
AND WIFE, LANDLORD AND TENANT, OR FROM LIABILITY FROM ATTACHMENT,
LEVY OR EXECUTION, OR ANY LIEN ESTABLISHED BY LAW ON THE LAND AND THE
BUILDINGS THEREON REGISTERED LAND MAY NOT BE ACQUIRED THROUGH ACQUISITIVE
PRESCRIPTION REGISTERED OWNER MAY BE BARRED FROM RECOVERING POSSESSION
THROUGH LACHES:

ELEMENTS OF LACHES
1. Conduct on the part of defendant
2. Delay in asserting the complainant’s rights after having knowledge
or notice and having been afforded opportunity to initiate a suit
3. Lack of knowledge or notice on the part of defendant
4. Inquiry or prejudice to the defendant

CERTIFICATE OF TITLE NOT SUBJECT TO ANY COLLATERAL ATTACK A DIRECT ATTACK ON


THE TITLE MAY BE MADE IN A COUNTERCLAIM OR THIRD-PARTY COMPLAINT SPLITTING
OR CONSOLIDATING OF TITLE
One need not go to court. All that must be done is to write a written request to the RD.

SUBDIVISION OR CONSOLIDATION OF TITLE


“Which is not a subdivision project”—in relation to PD 957 on subdivisions
A SUBDIVISION PROJECT is when there is subdivision of property with intention to sell the
lots
A COMPLEX SUBDIVISION PLAN is a plan wherein the streets, passageways, etc. are stated
in the title
If subdivision project, submit first to the HLURB, followed by the LMB and then the RD

SUBDIVISION OF REGISTERED LAND


Submit to LRA an approved subdivision plan by the LMB

CONVEYANCE OF ONLY A PORTION OF THE LAND


RD shall not enter a new title in favor of the grantee until after a plan indicating the
portions into which the land has been subdivided shall have been first presented together
with technical decription

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