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Report in Land Titles and Deeds

This document discusses various procedures related to land registration under Philippine law, including: 1) The registration of judgments affecting registered land, which allows the prevailing party to receive a new certificate of title. 2) The process for judicial and extrajudicial partition of land among co-owners, which includes dividing the property and registering the shares. 3) Notifying interested parties about insolvency proceedings through registration, which binds all parties to the outcome even if unknown originally.

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169 views22 pages

Report in Land Titles and Deeds

This document discusses various procedures related to land registration under Philippine law, including: 1) The registration of judgments affecting registered land, which allows the prevailing party to receive a new certificate of title. 2) The process for judicial and extrajudicial partition of land among co-owners, which includes dividing the property and registering the shares. 3) Notifying interested parties about insolvency proceedings through registration, which binds all parties to the outcome even if unknown originally.

Uploaded by

tynajoydelossantos
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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REGISTRATION OF JUDGMENTS; ORDERS; PARTITIONS

REGISTRATION OF JUDGMENT

Action for recovery of possession or ownership affecting registered land

Plaintiff shall be entitled to registration upon presentation of a certificate of entry from the Clerk of Court to the Register of Deeds who shall enter a memorandum upon the certificate of title covering the land subject of the action. If only a portion of the land described in the certificate of title is affected by the judgment, the certificate of the clerk of court shall contain a description of the portion involved.

REGISTRATION OF JUDGMENT ADJUDICATING OWNERSHIP

Action for recovery of possession judgment has been entered for the plaintiff

Judgment shall in like manner be registered and the adjudicates shall be entitled to the issuance of a new certificate of title upon cancellation of the title of the preceding owner. If the owner neglects or refuses to produce his owners duplicate certificate for cancellation by the Register of Deeds, the Court shall, on application and notice, enter an order to the owner to produce said owners duplicate at the time and place designated and may enforce the order by suitable process.

EXECUTION OF DEED PURSUANT TO A JUDGMENT

Judgment is rendered by the court affecting


registered property

The court shall direct the parties to execute the requisite deed or instrument as may be necessary to give effect to the judgment for registration.

In the event the person required to execute the deed or instrument is absent from the Philippines, or is a minor, or insane, or is not amenable to the process of the court
The court may appoint a suitable person as trustee to execute such deed or instrument which shall be entitled to registration.

PARTITION, IN GENERAL
Is the separation, division and assignment of a thing held in common among those to whom it may belong. Both real and personal properties may be the object of partition. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in Article 494 of the Civil Code.

JUDICIAL PARTITION (SEC. 81, PD 1529)

An action for partition for real property is a judicial controversy between persons who being co-owners seek to secure division or partition among them of the common property, giving to each one the part corresponding to him Provides that after the entry of the final judgment of partition, a copy of such final judgment, certified by the clerk of court, shall be filed and registered with the proper Registry of Deeds. Thereupon, if the land is set off to the owners in severalty, each owner shall be entitled to have his certificate entered showing the share set-off to him in severalty and to receive an owners duplicate thereof.

EXTRAJUDICIAL PARTITION
The parties may without having letters of authorization, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the RD and should they disagree, they may do so in an ordinary action for partition. If there be only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed with the office of the RD Filing of a bond is a condition precedent to the filing of the public instrument

ORAL PARTITION
This practice has been found to be not only convenient and inexpensive, but even advisable, and is accepted by people and we find no good reason for disturbing said good practice Now, when valuable properties especially those covered by certificates of title, perhaps strict compliance with the law may be advisable even necessary

Partition among heirs or renunciation of an inheritance by any of them is not covered by the Statute of Frauds

GENERAL RULE: Action for partition is imprescriptible

EXCEPTION: Imprescriptibility cannot be invoked when one of the co-owners of a property has possessed the property as exclusive owner and for a period sufficient to acquire it by prescription.

STAGES IN PARTITION
Determination of whether or not a co-ownership in fact exists and a partition is proper, that is, it is not otherwise legally prescribed and may be made by voluntary agreement of all the parties interested in the property Second stage is when the parties are unable to agree upon the partition ordered by the court. In that event, the partition shall be effected for the parties by the court with the assistance of not more than 3 commissioners.

The second stage may also deal with the rendition of the accounting itself and its approval by the Court after the parties have been accorded the opportunity to be heard thereon, and the award for the recovery by the parties entitled of their just shares in the rents and profits of the real estate in question. Such an order is to be sure also final and appealable.

PROOF OF PARTITION

Partition may be inferred from circumstances sufficiently strong to support the presumption. Recitals in deeds, possession and occupation of the land, improvements made thereon for a long series of years, and acquiescence of 60years, furnish sufficient evidence that there was an actual partition of land either by deed or by proceedings in the probate court, which has been lost and not recorded. And where a tract of land has long been known and called by the name of one of the tenants in common, and there is no evidence of any subsequent claim of tenancy in common, it may be fairly inferred that there has been a partition and that such lot was set-off to him whose name it bears.

FINALITY OF JUDGMENT; EXECUTION

Judgment ordering partition with damages is final and duly appealable, notwithstanding the fact that further proceedings will still have to tale place in the trial court. Execution thereof becomes a matter of right on the part of the plaintiffs and is a mandatory and ministerial duty on the part of the court Once a judgment becomes final and executory, the prevailing party can have it executed as a matter of right, and the judgment debtor need not be given advance notice of the application for execution nor be afforded prior hearings thereon Failure to serve a copy for the motion for execution is not a fatal defect. In fact, there is no necessity for such service.

PURPOSE OF REGISTRATION

Notify and protect the interests of strangers to a given transaction, who may be ignorant thereof, but the registration of the deed evidencing such transaction doesnt relieve the parties thereto of their obligations thereunder.

As originally conceived, registration is merely a species of notice. The act of registering a document is never necessary in order to give it legal effect as between the parties.
Requirements for the recording of an instruments are designed to prevent frauds and to permit and require the public to act with the presumption that recorded instruments exist and are genuine.

INSOLVENCY PROCEEDINGS IN REM

Consequently, a liquidation of similar import or other equivalent general liquidation must alson necessarily be a proceeding in rem so that all interested persons whether known to the parties or not may be bound by such proceeding

NOTICE OF INSOLVENCY; POWERS OF ASSIGNEE


It shall be the duty of the officer serving the notice of the institution of such proceedings to file a copy thereof with the office of the RD for the province and city where the land is situated The assignee shall be entitled to the entry of a new certificate of the registered land of the debtor or bankrupt, upon presenting and filing of a certified copy of the assignment in insolvency or order or adjudication in bankruptcy, together with the insolvents or bankrupts certificate of title

LAND TAKEN BY EMINENT DOMAIN


Private lands taken by the government for public use under its own power of eminent domain become unquestionably part of the public domain The Register of Deeds is authorized to issue in the name of the national government a new certificate of title covering such expropriated lands Consequently, lands registered under Act 498 and PD 1529 are not exclusively private or patrimonial lands. Lands of the public domain may also be registered pursuant to existing

When real estate is expropriated, a certified copy of such judgment shall be recorded in the RD of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate as described for such public use or purpose

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