LTD PD 1529
LTD PD 1529
LTD PD 1529
The books of registration for unregistered lands provided (d) Exercise executive supervision over
under Section 194 of the Revised Administrative Code, as all clerks of court and personnel of the
amended by Act No. 3344, shall continue to remain in force;
Courts of First Instance throughout the
provided, that all instruments dealing with unregistered lands Philippines with respect to the discharge
shall henceforth be registered under Section 113 of this of their duties and functions in relation to
Decree.
the registration of lands;
CHAPTER II
(e) Implement all orders, decisions, and
THE LAND REGISTRATION COMMISSION AND ITS
decrees promulgated relative to the
REGISTRIES OF DEEDS
registration of lands and issue, subject
to the approval of the Secretary of
Section 4. Land Registration Commission. In order to have a Justice, all needful rules and regulations
more efficient execution of the laws relative to the therefor;
registration of lands, geared to the massive and accelerated
land reform and social justice program of the government,
(f) Verify and approve subdivision,
there is created a commission to be known as the Land consolidation, and consolidation-
Registration Commission under the executive supervision of subdivision survey plans of properties
the Department of Justice.
titled under Act No. 496 except those
covered by P.D. No. 957.
LTD, PD 1529, Page 2
(2) The Land Registration Commission shall have such practice for at least three years or has been employed
the following functions: for a like period in any branch of government the functions of
which include the registration of property.
(a) Extend speedy and effective
assistance to the Department of The Deputy Register of Deeds shall be a member of the
Agrarian Reform, the Land Bank, and Philippine Bar. Provided, however, that no Register of Deeds
other agencies in the implementation of or Deputy Register of Deeds holding office as such upon the
the land reform program of the passage of this Decree shall by reason hereof, be removed
government; from office or be demoted to a lower category or scale of
salary except for cause and upon compliance with due
process as provided for by law.
(b) Extend assistance to courts in
ordinary and cadastral land registration
proceedings; Section 10. General functions of Registers of Deeds. The
office of the Register of Deeds constitutes a public repository
of records of instruments affecting registered or unregistered
(c) Be the central repository of records
lands and chattel mortgages in the province or city wherein
relative to original registration of lands
such office is situated.
titled under the Torrens system,
including subdivision and consolidation
plans of titled lands. It shall be the duty of the Register of Deeds to immediately
register an instrument presented for registration dealing with
real or personal property which complies with all the
Section 7. Office of the Register of Deeds. There shall be at
requisites for registration. He shall see to it that said
least one Register of Deeds for each province and one for
instrument bears the proper documentary and science
each city. Every Registry with a yearly average collection of
stamps and that the same are properly canceled. If the
more than sixty thousand pesos during the last three years
instrument is not registerable, he shall forthwith deny
shall have one Deputy Register of Deeds, and every
registration thereof and inform the presentor of such denial in
Registry with a yearly average collection of more than three
writing, stating the ground or reason therefor, and advising
hundred thousand pesos during the last three years, shall
him of his right to appeal by consulta in accordance with
have one Deputy Register of Deeds and one second Deputy
Section 117 of this Decree.
Register of Deeds.
Section 13. Chief Geodetic Engineer. There shall be a Chief The undersigned,
Geodetic Engineer in the Land Registration Commission who ________________________________________________
shall be the technical adviser of the Commission on all ____________hereby applies (or apply) to have the land
matters involving surveys and shall be responsible to him for hereinafter described brought under the operation of the
all plats, plans and works requiring the services of a geodetic Property Registration Decree, and to have the title thereto
engineer in said office. He shall perform such other functions registered and confirmed:
as may, from time to time, be assigned to him by the
Commissioner.
AND DECLARE . . . . .
CHAPTER III
1. That the applicants/s is/are the owners of the
ORIGINAL REGISTRATION
land (by virtue of inheritance or deed of sale or
conveyance and/or possession in accordance with
I Section 14 of said Decree), together with the
ORDINARY REGISTRATION PROCEEDINGS building and improvements thereon, with the
exception of the
following:_________________________________
A. APPLICATIONS
_________________________________ which
is/are the property of
Section 14. Who may apply. The following persons may file _________________________ residing at
in the proper Court of First Instance an application for _________________________ The said land,
registration of title to land, whether personally or through consisting of ____________________ parcel/s
their duly authorized representatives: is/are situated, bounded and described as shown
on the plan and technical descriptions attached
hereto and made a part hereof, with the following
(1) Those who by themselves or through their exception:________________________________
predecessors-in-interest have been in open,
___________________________________
continuous, exclusive and notorious possession
and occupation of alienable and disposable lands
of the public domain under a bona fide claim of 2. That said land at the last assessment for
ownership since June 12, 1945, or earlier. taxation was assessed at P ____, Philippine
currency, and the buildings and other
improvements at P ___________, Philippine
(2) Those who have acquired ownership of private currency.
lands by prescription under the provision of
existing laws.
3. That to the best of my/our knowledge and belief,
there is no mortgage or encumbrance of any kind
(3) Those who have acquired ownership of private whatsoever affecting said land, nor any other
lands or abandoned river beds by right of
person having any interest therein, legal or
accession or accretion under the existing laws. equitable, or in possession, other than as follows:
________________________________________
(4) Those who have acquired ownership of land in _______________________________________
any other manner provided for by law.
4. That the applicant/s has/have acquired said
Where the land is owned in common, all the co-owners shall land in the following manner:
file the application jointly. ________________________________
Where the land has been sold under pacto de retro, the (Note: Refer to Sec. 14 of said Decree. State also
vendor a retro may file an application for the original whether the property is conjugal, paraphernal or
registration of the land, provided, however, that should the exclusive property of the applicant/s)
period for redemption expire during the pendency of the
registration proceedings and ownership to the property 5. That said land is occupied by the following
consolidated in the vendee a retro, the latter shall be person: _____________________________
substituted for the applicant and may continue the
________________________________________
proceedings. ______
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
A
p
p
l
i
c
a
n
t
_________________________
(Post Office Address)
_
_
_
_
_
_
LTD, PD 1529, Page 5
Section 18. Application covering two or more parcels. An (b) Mailing of notice to the Secretary of
application may include two or more parcels of land Public Highways, the Provincial
belonging to the applicant/s provided they are situated within Governor and the Mayor. If the applicant
the same province or city. The court may at any time order requests to have the line of a public way
an application to be amended by striking out one or more of or road determined, the Commissioner
the parcels or by a severance of the application. of Land Registration shall cause a copy
of said notice of initial hearing to be
mailed to the Secretary of Public
Section 19. Amendments. Amendments to the application
Highways, to the Provincial Governor,
including joinder, substitution, or discontinuance as to parties
and to the Mayor of the municipality or
may be allowed by the court at any stage of the proceedings
city, as the case may be, in which the
upon just and reasonable terms.
land lies.
You are hereby served this notice to appear before this Section 26. Order of default; effect. If no person appears
Court at its session to be held at _________________ on and answers within the time allowed, the court shall, upon
the ______________ day of _______________, 19 ______, motion of the applicant, no reason to the contrary appearing,
at _____________ o'clock in the _________ then and there order a default to be recorded and require the applicant to
to present such claims as you may have to said lands or any present evidence. By the description in the notice "To all
portion thereof, and to submit evidence in support of such Whom It May Concern", all the world are made parties
claim; and unless you appear at said Court at the time and defendant and shall be concluded by the default order.
place aforesaid, your default will be recorded and the title to
the lands will be adjudicated and determined in accordance
with law and the evidence before the Court, and thereafter Where an appearance has been entered and an answer
you will forever be barred from contesting said application (or filed, a default order shall be entered against persons who
petition) or any decree entered thereon. did not appear and answer.
After judgment has become final and executory, it shall (b) Thereupon, the Director of Lands shall give
devolve upon the court to forthwith issue an order in notice to persons claiming any interest in the lands
accordance with Section 39 of this Decree to the as well as to the general public, of the day on
Commissioner for the issuance of the decree of registration which such survey will begin, giving as fully and
and the corresponding certificate of title in favor of the accurately as possible the description of the lands
person adjudged entitled to registration. to be surveyed. Such notice shall be punished
once in the Official Gazette, and a copy of the
notice in English or the national language shall be
Section 31. Decree of registration. Every decree of
posted in a conspicuous place on the bulletin
registration issued by the Commissioner shall bear the date,
board of the municipal building of the municipality
hour and minute of its entry, and shall be signed by him. It
in which the lands or any portion thereof is
shall state whether the owner is married or unmarried, and if
situated. A copy of the notice shall also be sent to
married, the name of the husband or wife: Provided,
the mayor of such municipality as well as to the
however, that if the land adjudicated by the court is conjugal
barangay captain and likewise to the Sangguniang
property, the decree shall be issued in the name of both
Panlalawigan and the Sangguniang Bayan
spouses. If the owner is under disability, it shall state the
concerned.
nature of disability, and if a minor, his age. It shall contain a
description of the land as finally determined by the court, and
shall set forth the estate of the owner, and also, in such (c) The Geodetic Engineers or other employees of
manner as to show their relative priorities, all particular the Bureau of Lands in charge of the survey shall
estates, mortgages, easements, liens, attachments, and give notice reasonably in advance of the date on
other encumbrances, including rights of tenant-farmers, if which the survey of any portion of such lands is to
any, to which the land or owner's estate is subject, as well as begin, which notice shall be posted in the bulletin
any other matters properly to be determined in pursuance of board of the municipal building of the municipality
this Decree. or barrio in which the lands are situated, and shall
mark the boundaries of the lands by monuments
set up in proper places thereon. It shall be lawful
The decree of registration shall bind the land and quiet title
for such Geodetic Engineers and other employees
thereto, subject only to such exceptions or liens as may be
to enter upon the lands whenever necessary for
provided by law. It shall be conclusive upon and against all
the purposes of such survey or the placing of
persons, including the National Government and all
monuments.
branches thereof, whether mentioned by name in the
application or notice, the same being included in the general
description "To all whom it may concern". (d) It shall be the duty of every person claiming an
interest in the lands to be surveyed, or in any
parcel thereof, to communicate with the Geodetic
Section 32. Review of decree of registration; Innocent
Engineer upon his request therefor all information
purchaser for value. The decree of registration shall not be
possessed by such person concerning the
reopened or revised by reason of absence, minority, or other
boundary lines of any lands to which he claims title
disability of any person adversely affected thereby, nor by
or in which he claims any interest.
any proceeding in any court for reversing judgments, subject,
however, to the right of any person, including the
government and the branches thereof, deprived of land or of (e) Any person who shall willfully obstruct the
any estate or interest therein by such adjudication or making of any survey undertaken by the Bureau of
confirmation of title obtained by actual fraud, to file in the Lands or by a licensed Geodetic Engineer duly
proper Court of First Instance a petition for reopening and authorized to conduct the survey under this
review of the decree of registration not later than one year Section, or shall maliciously interfere with the
from and after the date of the entry of such decree of placing of any monument or remove such
registration, but in no case shall such petition be entertained monument, or shall destroy or remove any notice
by the court where an innocent purchaser for value has of survey posted on the land pursuant to law, shall
acquired the land or an interest therein, whose rights may be be punished by a fine of not more than one
prejudiced. Whenever the phrase "innocent purchaser for thousand pesos or by imprisonment for not more
value" or an equivalent phrase occurs in this Decree, it shall than one year, or both.
be deemed to include an innocent lessee, mortgagee, or
other encumbrancer for value.
B. PETITION; LOT NUMBERS
added to the cadastral number of the lot to which the Commissioner shall cause to be prepared the decree of
respective subdivisions pertain. The letter with which a registration as well as the original and duplicate of the
subdivision is designated shall be known as its "cadastral corresponding original certificate of title. The original
letter": Provided, however, that the subdivisions of cities or certificate of title shall be a true copy of the decree of
townsites may be designated by blocks and lot numbers. registration. The decree of registration shall be signed by the
Commissioner, entered and filed in the Land Registration
Commission. The original of the original certificate of title
C. ANSWER
shall also be signed by the Commissioner and shall be sent,
together with the owner's duplicate certificate, to the Register
Section 37. Answer to petition in cadastral proceedings. Any of Deeds of the city or province where the property is
claimant in cadastral proceedings, whether named in the situated for entry in his registration book.
notice or not, shall appear before the court by himself or by
some other authorized person in his behalf, and shall file an
Section 40. Entry of Original Certificate of Title. Upon receipt
answer on or before the date of initial hearing or within such
by the Register of Deeds of the original and duplicate copies
further time as may be allowed by the court. The answer
of the original certificate of title the same shall be entered in
shall be signed and sworn to by the claimant or by some
his record book and shall be numbered, dated, signed and
other authorized person in his behalf, and shall state whether
sealed by the Register of Deeds with the seal of his office.
the claimant is married or unmarried, and if married, the
Said certificate of title shall take effect upon the date of entry
name of the spouse and the date of marriage, his nationality,
thereof. The Register of Deeds shall forthwith send notice by
residence and postal address, and shall also contain:
mail to the registered owner that his owner's duplicate is
ready for delivery to him upon payment of legal fees.
(a) The age of the claimant;
Section 41. Owner's duplicate certificate of title. The owner's
(b) The cadastral number of the lot or lots claimed, duplicate certificate of title shall be delivered to the
as appearing on the plan filed in the case by the registered owner or to his duly authorized representative. If
Director of Lands, or the block and lot numbers, as two or more persons are registered owners, one owner's
the case may be; 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
(c) The name of the barrio and municipality in title so issued shall be surrendered whenever the Register of
which the lots are situated; Deeds shall register any subsequent voluntary transaction
affecting the whole land or part thereof or any interest
(d) The names and addresses of the owners of the therein. The Register of Deeds shall note on each certificate
adjoining lots so far as known to the claimant; of title a statement as to whom a copy thereof was issued.
(e) If the claimant is in possession of the lots Section 42. Registration Books. The original copy of the
claimed and can show no express grant of the original certificate of title shall be filed in the Registry of
land by the government to him or to his Deeds. The same shall be bound in consecutive order
predecessors-in-interest, the answer shall state together with similar certificates of title and shall constitute
the length of time he has held such possession the registration book for titled properties.
and the manner in which it has been acquired, and
shall also state the length of time, as far as known, Section 43. Transfer Certificate of Title. The subsequent
during which the predecessors, if any, held
certificate of title that may be issued by the Register of
possession; Deeds pursuant to any voluntary or involuntary instrument
relating to the same land shall be in like form, entitled
(f) If the claimant is not in possession or "Transfer Certificate of Title", and likewise issued in
occupation of the land, the answer shall fully set duplicate. The certificate shall show the number of the next
forth the interest claimed by him and the time and previous certificate covering the same land and also the fact
manner of his acquisition; that it was originally registered, giving the record number, the
number of the original certificate of title, and the volume and
page of the registration book in which the latter is found.
(g) if the lots have been assessed for taxation,
their last assessed value; and
Section 44. Statutory liens affecting title. Every registered
owner receiving a certificate of title in pursuance of a decree
(h) The encumbrances, if any, affecting the lots of registration, and every subsequent purchaser of registered
and the names of adverse claimants, as far as land taking a certificate of title for value and in good faith,
known. shall hold the same free from all encumbrances except those
noted in said certificate and any of the following
D. HEARING; JUDGMENT; DECREE encumbrances which may be subsisting, namely:
Section 38. Hearing, Judgment, Decree. The trial of the First. Liens, claims or rights arising or existing
case may occur at any convenient place within the province under the laws and Constitution of the Philippines
in which the lands are situated and shall be conducted, and which are not by law required to appear of record
orders for default and confessions entered, in the same in the Registry of Deeds in order to be valid
manner as in ordinary land registration proceedings and against subsequent purchasers or encumbrancers
shall be governed by the same rules. All conflicting interests of record.
shall be adjudicated by the court and decrees awarded in
favor of the persons entitled to the lands or to parts thereof Second. Unpaid real estate taxes levied and
and such decrees shall be the basis for issuance of original assessed within two years immediately preceding
certificates of title in favor of said persons and shall have the the acquisition of any right over the land by an
same effect as certificates of title granted on application for innocent purchaser for value, without prejudice to
registration of land under ordinary land registration the right of the government to collect taxes
proceedings. payable before that period from the delinquent
taxpayer alone.
CHAPTER IV
CERTIFICATE OF TITLE Third. Any public highway or private way
established or recognized by law, or any
Section 39. Preparation of decree and Certificate of government irrigation canal or lateral thereof, if the
Title. After the judgment directing the registration of title to certificate of title does not state that the
land has become final, the court shall, within fifteen days boundaries of such highway or irrigation canal or
from entry of judgment, issue an order directing the lateral thereof have been determined.
Commissioner to issue the corresponding decree of
registration and certificate of title. The clerk of court shall Fourth. Any disposition of the property or limitation
send, within fifteen days from entry of judgment, certified on the use thereof by virtue of, or pursuant to,
copies of the judgment and of the order of the court directing Presidential Decree No. 27 or any other law or
the Commissioner to issue the corresponding decree of regulations on agrarian reform.
registration and certificate of title, and a certificate stating
that the decision has not been amended, reconsidered, nor
appealed, and has become final. Thereupon, the
LTD, PD 1529, Page 9
Section 45. Statement of personal circumstances in the the corresponding certificates of title and issue a new one for
certificate. Every certificate of title shall set forth the full the consolidated lots.
names of all persons whose interests make up the full
ownership in the whole land, including their civil status, and
The Commission may not order or cause any change,
the names of their respective spouses, if married, as well as
modification, or amendment in the contents of any certificate
their citizenship, residence and postal address. If the
of title, or of any decree or plan, including the technical
property covered belongs to the conjugal partnership, it shall
description therein, covering any real property registered
be issued in the names of both spouses.
under the Torrens system, nor order the cancellation of the
said certificate of title and the issuance of a new one which
Section 46. General incidents of registered land. Registered would result in the enlargement of the area covered by the
land shall be subject to such burdens and incidents as may certificate of title.
arise by operation of law. Nothing contained in this decree
shall in any way be construed to relieve registered land or
CHAPTER V
the owners thereof from any rights incident to the relation of
SUBSEQUENT REGISTRATION
husband and wife, landlord and tenant, or from liability to
attachment or levy on execution, or from liability to any lien
of any description established by law on the land and the I
buildings thereon, or on the interest of the owner in such VOLUNTARY DEALINGS WITH REGISTERED LANDS
land or buildings, or to change the laws of descent, or the
rights of partition between co-owners, or the right to take the
GENERAL PROVISIONS
same by eminent domain, or to relieve such land from
liability to be recovered by an assignee in insolvency or
trustee in bankcruptcy under the laws relative to preferences, Section 51. Conveyance and other dealings by registered
or to change or affect in any way other rights or liabilities owner. An owner of registered land may convey, mortgage,
created by law and applicable to unregistered land, except lease, charge or otherwise deal with the same in accordance
as otherwise provided in this Decree. with existing laws. He may use such forms of deeds,
mortgages, leases or other voluntary instruments as are
Section 47. Registered land not subject to prescriptions. No sufficient in law. But no deed, mortgage, lease, or other
title to registered land in derogation of the title of the voluntary instrument, except a will purporting to convey or
registered owner shall be acquired by prescription or affect registered land shall take effect as a conveyance or
adverse possession. bind the land, but shall operate only as a contract between
the parties and as evidence of authority to the Register of
Deeds to make registration.
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 The act of registration shall be the operative act to convey or
proceeding in accordance with law. 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
Section 49. Splitting, or consolidation of titles. A registered where the land lies.
owner of several distinct parcels of land embraced in and
covered by a certificate of title desiring in lieu thereof
Section 52. Constructive notice upon registration. Every
separate certificates, each containing one or more parcels,
may file a written request for that purpose with the Register conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land shall,
of Deeds concerned, and the latter, upon the surrender of
the owner's duplicate, shall cancel it together with its original if registered, filed or entered in the office of the Register of
and issue in lieu thereof separate certificates as desired. A Deeds for the province or city where the land to which it
relates lies, be constructive notice to all persons from the
registered owner of several distinct parcels of land covered
by separate certificates of title desiring to have in lieu thereof time of such registering, filing or entering.
a single certificate for the whole land, or several certificates
for the different parcels thereof, may also file a written Section 53. Presentation of owner's duplicate upon entry of
request with the Register of Deeds concerned, and the latter, new certificate. No voluntary instrument shall be registered
upon the surrender of the owner's duplicates, shall cancel by the Register of Deeds, unless the owner's duplicate
them together with their originals, and issue in lieu thereof certificate is presented with such instrument, except in cases
one or separate certificates as desired. expressly provided for in this Decree or upon order of the
court, for cause shown.
Section 50. Subdivision and consolidation plans. Any owner
subdividing a tract of registered land into lots which do not The production of the owner's duplicate certificate, whenever
constitute a subdivision project has defined and provided for any voluntary instrument is presented for registration, shall
under P.D. No. 957, shall file with the Commissioner of Land be conclusive authority from the registered owner to the
Registration or with the Bureau of Lands a subdivision plan Register of Deeds to enter a new certificate or to make a
of such land on which all boundaries, streets, passageways memorandum of registration in accordance with such
and waterways, if any, shall be distinctly and accurately instrument, and the new certificate or memorandum shall be
delineated. binding upon the registered owner and upon all persons
claiming under him, in favor of every purchaser for value and
in good faith.
If a subdivision plan, be it simple or complex, duly approved
by the Commissioner of Land Registration or the Bureau of
Lands together with the approved technical descriptions and In all cases of registration procured by fraud, the owner may
the corresponding owner's duplicate certificate of title is pursue all his legal and equitable remedies against the
presented for registration, the Register of Deeds shall, parties to such fraud without prejudice, however, to the rights
without requiring further court approval of said plan, register of any innocent holder for value of a certificate of title. After
the same in accordance with the provisions of the Land the entry of the decree of registration on the original petition
Registration Act, as amended: Provided, however, that the or application, any subsequent registration procured by the
Register of Deeds shall annotate on the new certificate of presentation of a forged duplicate certificate of title, or a
title covering the street, passageway or open space, a forged deed or other instrument, shall be null and void.
memorandum to the effect that except by way of donation in
favor of the national government, province, city or
municipality, no portion of any street, passageway, waterway Section 54. Dealings less than ownership, how
or open space so delineated on the plan shall be closed or registered. No new certificate shall be entered or issued
otherwise disposed of by the registered owner without the pursuant to any instrument which does not divest the
approval of the Court of First Instance of the province or city ownership or title from the owner or from the transferee of
in which the land is situated. the registered owners. All interests in registered land less
than ownership shall be registered by filing with the Register
of Deeds the instrument which creates or transfers or claims
A registered owner desiring to consolidate several lots into such interests and by a brief memorandum thereof made by
one or more, requiring new technical descriptions, shall file the Register of Deeds upon the certificate of title, and signed
with the Land Registration Commission, a consolidation plan by him. A similar memorandum shall also be made on the
on which shall be shown the lots to be affected, as they were owner's duplicate. The cancellation or extinguishment of
before, and as they will appear after the consolidation. Upon such interests shall be registered in the same manner.
the surrender of the owner's duplicate certificates and the
receipt of consolidation plan duty approved by the
Commission, the Register of Deeds concerned shall cancel Section 55. Grantee's name, nationality, etc., to be
stated. Every deed or other voluntary instrument presented
LTD, PD 1529, Page 10
for registration shall contain or have endorsed upon it the full memorandum shall be effectual for the purpose of showing
name, nationality, residence and postal address of the the grantee's title to the portion conveyed to him, pending
grantee or other person acquiring or claiming an interest the actual issuance of the corresponding certificate in his
under such instrument, and every deed shall also state name.
whether the grantee is married or unmarried, and if married,
the name in full of the husband or wife. If the grantee is a
Upon the approval of the plan and technical descriptions, the
corporation or association, the instrument must contain a
original of the plan, together with a certified copy of the
recital to show that such corporation or association is legally
technical descriptions shall be filed with the Register of
qualified to acquire private lands. Any change in the
Deeds for annotation in the corresponding certificate of title
residence or postal address of such person shall be
and thereupon said officer shall issue a new certificate of title
endorsed by the Register of Deeds on the original copy of
to the grantee for the portion conveyed, and at the same
the corresponding certificate of title, upon receiving a sworn
time cancel the grantor's certificate partially with respect only
statement of such change. All names and addresses shall
to said portion conveyed, or, if the grantor so desires, his
also be entered on all certificates.
certificate may be canceled totally and a new one issued to
him describing therein the remaining portion: Provided,
Notices and processed issued in relation to registered land in however, that pending approval of said plan, no further
pursuance of this Decree may be served upon any person in registration or annotation of any subsequent deed or other
interest by mailing the same to the addresses given, and voluntary instrument involving the unsegregated portion
shall be binding, whether such person resides within or conveyed shall be effected by the Register of Deeds, except
without the Philippines, but the court may, in its discretion, where such unsegregated portion was purchased from the
require further or other notice to be given in any case, if in its Government or any of its instrumentalities. If the land has
opinion the interest of justice so requires. been subdivided into several lots, designated by numbers or
letters, the Register of Deeds may, if desired by the grantor,
instead of canceling the latter's certificate and issuing a new
Section 56. Primary Entry Book; fees; certified copies. Each
one to the same for the remaining unconveyed lots, enter on
Register of Deeds shall keep a primary entry book in which,
said certificate and on its owner's duplicate a memorandum
upon payment of the entry fee, he shall enter, in the order of
of such deed of conveyance and of the issuance of the
their reception, all instruments including copies of writs and
transfer certificate to the grantee for the lot or lots thus
processes filed with him relating to registered land. He shall,
conveyed, and that the grantor's certificate is canceled as to
as a preliminary process in registration, note in such book
such lot or lots.
the date, hour and minute of reception of all instruments, in
the order in which they were received. They shall be
regarded as registered from the time so noted, and the Section 59. Carry over of encumbrances. If, at the time of
memorandum of each instrument, when made on the any transfer, subsisting encumbrances or annotations
certificate of title to which it refers, shall bear the same date: appear in the registration book, they shall be carried over
Provided, that the national government as well as the and stated in the new certificate or certificates; except so far
provincial and city governments shall be exempt from the as they may be simultaneously released or discharged.
payment of such fees in advance in order to be entitled to
entry and registration.
(B) MORTGAGES AND LEASES
If the property is not redeemed, the final deed of Section 69. Attachments. An attachment, or a copy of any
sale executed by the sheriff in favor of the writ, order or process issued by a court of record, intended to
purchaser at a foreclosure sale shall be registered create or preserve any lien, status, right, or attachment upon
with the Register of Deeds; whereupon the title of registered land, shall be filed and registered in the Registry
the mortgagor shall be canceled, and a new of Deeds for the province or city in which the land lies, and,
certificate issued in the name of the purchaser. in addition to the particulars required in such papers for
registration, shall contain a reference to the number of the
certificate of title to be affected and the registered owner or
(b) If the mortgage was foreclosed extrajudicially,
owners thereof, and also if the attachment, order, process or
a certificate of sale executed by the officer who
lien is not claimed on all the land in any certificate of title a
conducted the sale shall be filed with the Register
description sufficiently accurate for identification of the land
of Deeds who shall make a brief memorandum
or interest intended to be affected. A restraining order,
thereof on the certificate of title.
injunction or mandamus issued by the court shall be entered
and registered on the certificate of title affected, free of
In the event of redemption by the mortgagor, the charge.
same rule provided for in the second paragraph of
this section shall apply.
Section 70. Adverse claim. Whoever claims any part or
interest in registered land adverse to the registered owner,
In case of non-redemption, the purchaser at arising subsequent to the date of the original registration,
foreclosure sale shall file with the Register of may, if no other provision is made in this Decree for
Deeds, either a final deed of sale executed by the registering the same, make a statement in writing setting
person authorized by virtue of the power of forth fully his alleged right or interest, and how or under
attorney embodied in the deed of mortgage, or his whom acquired, a reference to the number of the certificate
sworn statement attesting to the fact of non- of title of the registered owner, the name of the registered
redemption; whereupon, the Register of Deeds owner, and a description of the land in which the right or
shall issue a new certificate in favor of the interest is claimed.
purchaser after the owner's duplicate of the
certificate has been previously delivered and
The statement shall be signed and sworn to, and shall state
canceled.
the adverse claimant's residence, and a place at which all
notices may be served upon him. This statement shall be
(C) POWERS OF ATTORNEY; TRUSTS 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
Section 64. Power of attorney. Any person may, by power of
said period, the annotation of adverse claim may be
attorney, convey or otherwise deal with registered land and canceled upon filing of a verified petition therefor by the party
the same shall be registered with the Register of Deeds of in interest: Provided, however, that after cancellation, no
the province or city where the land lies. Any instrument
second adverse claim based on the same ground shall be
revoking such power of attorney shall be registered in like registered by the same claimant.
manner.
Section 68. Implied, trusts, how established. Whoever Section 73. Registration of orders of court, etc. If an
claims an interest in registered land by reason of any implied
attachment is continued, reduced, dissolved, or otherwise
or constructive trust shall file for registration with the Register affected by an order, decision or judgment of the court where
of Deeds a sworn statement thereof containing a description the action or proceedings in which said attachment was
of the land, the name of the registered owner and a
made is pending or by an order of a court having jurisdiction
reference to the number of the certificate of title. Such claim thereof, a certificate of the entry of such order, decision or
shall not affect the title of a purchaser for value and in good judgment from the clerk of court or the judge by which such
faith before its registration. decision, order or judgment has been rendered and under
the seal of the court, shall be entitled to be registered upon
II presentation to the Register of Deeds.
INVOLUNTARY DEALINGS
Section 74. Enforcement of liens on registered
land. Whenever registered land is solved on execution, or
LTD, PD 1529, Page 12
taken or sold for taxes or for any assessment or to enforce a Section 80. Execution of deed by virtue of judgment. Every
lien of any character, or for any costs and charges incident to court rendering judgment in favor of the plaintiff affecting
such liens, any execution or copy of execution, any officer's registered land shall, upon petition of said plaintiff, order and
return, or any deed, demand, certificate, or affidavit, or other parties before it to execute for registration any deed or
instrument made in the course of the proceedings to enforce instrument necessary to give effect to the judgment, and
such liens and required by law to be recorded, shall be filed shall require the registered owner to deliver his duplicate
with the Register of Deeds of the province or city where the certificate to the plaintiff or to the Register of Deeds to be
land lies and registered in the registration book, and a canceled or to have a memorandum annotated upon it. In
memorandum made upon the proper certificate of title in case the person required to execute any deed or other
each case as lien or encumbrance. instrument necessary to give effect to the judgment is absent
from the Philippines, or is a minor, or insane, or for any
reason not amenable to the process of the court rendering
Section 75. Application for new certificate upon expiration of
the judgment, said court may appoint a suitable person as
redemption period. Upon the expiration of the time, if any,
trustee to execute such instrument which, when executed,
allowed by law for redemption after registered land has been
shall be entitled to registration.
sold on execution taken or sold for the enforcement of a lien
of any description, except a mortgage lien, the purchaser at
such sale or anyone claiming under him may petition the Section 81. Judgment of partition. In proceedings for
court for the entry of a new certificate of title to him. partition of registered land, after the entry of the final
judgment of partition, a copy of such final judgment, certified
by the clerk of the court rendering the same, shall be filed
Before the entry of a new certificate of title, the registered
and registered; thereupon, if the land is set of to the owners
owner may pursue all legal and equitable remedies to
in severalty, each owner shall be entitled to have his
impeach or annul such proceedings.
certificate entered showing the share set off to him in
severalty, and to receive an owner's duplicate thereof.
Section 76. Notice of lis pendens. No action to recover
possession of real estate, or to quiet title thereto, or to
If the land is ordered by the court to be sold, the purchaser
remove clouds upon the title thereof, or for partition, or other
or his assigns shall be entitled to certificate of title entered in
proceedings of any kind in court directly affecting the title to
his or their favor upon presenting a certified copy of the
land or the use or occupation thereof or the buildings
judgment confirming the sale.
thereon, and no judgment, and no proceeding to vacate or
reverse any judgment, shall have any effect upon registered
land as against persons other than the parties thereto, In case the land is ordered by the court to be assigned to
unless a memorandum or notice stating the institution of one of the parties upon payment to the others of the sum
such action or proceeding and the court wherein the same is ordered by the court, the party to whom the land is thus
pending, as well as the date of the institution thereof, assigned shall be entitled to have a certificate of title entered
together with a reference to the number of the certificate of in his favor upon presenting a certified copy of the judgment:
title, and an adequate description of the land affected and Provided, however, that any new certificate entered in
the registered owner thereof, shall have been filed and pursuance of partition proceedings, whether by way of set-off
registered. or of assignment or of sale, shall contain a reference
memorandum to the final judgment of partition, and shall be
conclusive as to the title to the same extent and against the
Section 77. Cancellation of lis pendens. Before final
same persons as such judgment is made conclusive by the
judgment, a notice of lis pendens may be canceled upon
laws applicable thereto: and provided, further, that any
order of the court, after proper showing that the notice is for
person holding such certificate of title or a transfer thereof
the purpose of molesting the adverse party, or that it is not
shall have the right to petition the court at any time to cancel
necessary to protect the rights of the party who caused it to
the memorandum relating to such judgment or order and the
be registered. It may also be canceled by the Register of
court, after notice and hearing, may grant the petition. Such
Deeds upon verified petition of the party who caused the
certificate shall thereafter be conclusive in the same manner
registration thereof.
and to the same extent as other certificates of title.
definitely, by an adequate description, the particular property transfer to be made upon the register in like manner as in
or interest expropriated, the number of the certificate of title, case of a sale, and upon the presentation of the owner's
and the nature of the public use. A memorandum of the right duplicate certificate to the Register of Deeds, the devisees or
or interest taken shall be made on each certificate of title by heirs concerned shall be entitled to the issuance of the
the Register of Deeds, and where the fee simple title is corresponding certificates of title.
taken, a new certificate shall be issued in favor of the
National Government, province, city, municipality, or any
Section 92. Registration of final distribution of estate. A
other agency or instrumentality exercising such right for the
certified copy of the partition and distribution, together with
land so taken. The legal expenses incident to the
the final judgment or order of the court approving the same
memorandum of registration or issuances incident to the
or otherwise making final distribution, supported by evidence
memorandum of registration or issuance of a new certificate
of payment of estate taw or exemption therefrom, as the
shall be for the account of the authority taking the land or
case may be, shall be filed with the Register of Deeds, and
interest therein.
upon the presentation of the owner's duplicate certificate of
title, new certificates of title shall be issued to the parties
Section 86. Extrajudicial settlement of estate. When a deed severally entitled thereto in accordance with the approved
of extrajudicial settlement has been duly registered, the partition and distribution.
Register of Deeds shall annotate on the proper title the two-
year lien mentioned in Section 4 of Rule 74 of the Rules of
CHAPTER VII
Court. Upon the expiration of the two-year period and
ASSURANCE FUND
presentation of a verified petition by the registered heirs,
devisees or legatees or any other party in interest that no
claim or claims of any creditor, heir or other person exist, the Section 93. Contribution to Assurance Fund. Upon the entry
Register of Deeds shall cancel the two-year lien noted on the of a certificate of title in the name of the registered owner,
title without the necessity of a court order. The verified and also upon the original registration on the certificate of
petition shall be entered in the Primary Entry Book and a title of a building or other improvements on the land covered
memorandum thereof made on the title. by said certificate, as well as upon the entry of a certificate
pursuant to any subsequent transfer of registered land, there
shall be paid to the Register of Deeds one-fourth of one per
No deed of extrajudicial settlement or affidavit of adjudication
cent of the assessed value of the real estate on the basis of
shall be registered unless the fact of extrajudicial settlement
the last assessment for taxation purposes, as contribution to
or adjudication is published once a week for three
the Assurance Fund. Where the land involved has not yet
consecutive weeks in a newspaper of general circulation in
been assessed for taxation, its value for purposes of this
the province and proof thereof is filed with the Register of
decree shall be determined by the sworn declaration of two
Deeds. The proof may consist of the certification of the
disinterested persons to the effect that the value fixed by
publisher, printer, his foreman or principal clerk, or of the
them is to their knowledge, a fair valuation.
editor, business or advertising manager of the newspaper
concerned, or a copy of each week's issue of the newspaper
wherein the publication appeared. Nothing in this section shall in any way preclude the court
from increasing the valuation of the property should it appear
during the hearing that the value stated is too small.
Section 87. Filing of letters of administration and will. Before
the executor or administrator of the estate of a deceased
owner of registered land may deal with the same, he shall Section 94. Custody and investment of fund. All money
file with the office of the Register of Deeds a certified copy of received by the Register of Deeds under the preceding
his letters of administration or if there is a will, a certified section shall be paid to the National Treasurer. He shall keep
copy thereof and the order allowing the same, together with this money in an Assurance Fund which may be invested in
the letters testamentary or of administration with the will the manner and form authorized by law, and shall report
annexed, as the case may be, and shall produce the annually to the Commissioner of the Budget the condition
duplicate certificate of title, and thereupon the Register of and income thereof.
Deeds shall enter upon the certificate a memorandum
thereof, making reference to the letters and/or will by their
file number, and the date of filing the same. The income of the Assurance Fund shall be added to the
principal until said fund amounts to five hundred thousand
pesos, in which event the excess income from investments
Section 88. Dealings by administering subject to court as well as from the collections of such fund shall be paid into
approval. After a memorandum of the will, if any, and order the National Treasury to the account of the Assurance Fund.
allowing the same, and letters testamentary or letters of
administration have been entered upon the certificate of title
Section 95. Action for compensation from funds. A person
as hereinabove provided, the executor or administrator may
alienate or encumber registered land belonging to the estate, who, without negligence on his part, sustains loss or
damage, or is deprived of land or any estate or interest
or any interest therein, upon approval of the court obtained
as provided by the Rules of Court. therein in consequence of the bringing of the land under the
operation of the Torrens system of arising after original
registration of land, through fraud or in consequence of any
Section 89. Land devised to executor. When it appears by error, omission, mistake or misdescription in any certificate
will, a certified copy of which with letters testamentary had of title or in any entry or memorandum in the registration
already been filed as provided in this Decree, that registered book, and who by the provisions of this Decree is barred or
land is devised to the executor to his own use, or upon some otherwise precluded under the provision of any law from
trust, the executor may have the land transferred to himself bringing an action for the recovery of such land or the estate
upon the register in like manner and subject to like terms and or interest therein, may bring an action in any court of
conditions and to like rights as in the case of a transfer competent jurisdiction for the recovery of damages to be
pursuant to a deed filed in the office of the Register of paid out of the Assurance Fund.
Deeds.
Section 96. Against whom action filed. If such action is
Section 90. When executor empowered by will to sell, brought to recover for loss or damage or for deprivation of
etc. When the will of a deceased owner of registered lands, land or of any estate or interest therein arising wholly
or an interest therein, empowers the executor to sell, convey, through fraud, negligence, omission, mistake or misfeasance
encumber, charge or otherwise deal with the land, a certified of the court personnel, Register of Deeds, his deputy, or
copy of the will and letters testamentary being filed as other employees of the Registry in the performance of their
provided in this Decree, such executor may sell, convey, respective duties, the action shall be brought against the
encumber, charge or otherwise deal with the land pursuant Register of Deeds of the province or city where the land is
to the power in like manner as if he were registered owner, situated and the National Treasurer as defendants. But if
subject to the terms and conditions and limitations expressed such action is brought to recover for loss or damage or for
in the will. deprivation of land or of any interest therein arising through
fraud, negligence, omission, mistake or misfeasance of
person other than court personnel, the Register of Deeds,
Section 91. Transfer in anticipation of final
his deputy or other employees of the Registry, such action
distribution. Whenever the court having jurisdiction of the
shall be brought against the Register of Deeds, the National
testate or intestate proceedings directs the executor or
Treasurer and other person or persons, as co-defendants. It
administrator to take over and transfer to the devisees or
shall be the duty of the Solicitor General in person or by
heirs, or any of them, in anticipation of final distribution a
representative to appear and to defend all such suits with the
portion or the whole of the registered land to which they
aid of the fiscal of the province or city where the land lies:
might be entitled on final distribution, upon the filing of a
Provided, however, that nothing in this Decree shall be
certified copy of such order in the office of the Register of
construed to deprive the plaintiff of any right of action which
Deeds, the executor or administratory may cause such
LTD, PD 1529, Page 14
he may have against any person for such loss or damage or conveyance from the Government to the grantee shall not
deprivation without joining the National Treasurer as party take effect as a conveyance or bind the land but shall
defendant. In every action filed against the Assurance Fund, operate only as a contract between the Government and the
the court shall consider the report of the Commissioner of grantee and as evidence of authority to the Register of
Land Registration. Deeds to make registration. It is the act of registration that
shall be the operative act to affect and convey the land, and
in all cases under this Decree, registration shall be made in
Section 97. Judgment, how satisfied. If there are defendants
the office of the Register of Deeds of the province or city
other than the National Treasurer and the Register of Deeds
where the land lies. The fees for registration shall be paid by
and judgment is entered for the plaintiff and against the
the grantee. After due registration and issuance of the
National Treasury, the Register of Deeds and any of the
certificate of title, such land shall be deemed to be registered
other defendants, execution shall first issue against such
land to all intents and purposes under this Decree.
defendants other than the National and the Register of
Deeds. If the execution is returned unsatisfied in whole or in
part, and the officer returning the same certificates that the CHAPTER IX
amount due cannot be collected from the land or personal CERTIFICATE OF LAND TRANSFER, EMANCIPATION
property of such other defendants, only then shall the court, PATENT, AFFIDAVIT OF NON-TENANCY
upon proper showing, order the amount of the execution and
costs, or so much thereof as remains unpaid, to be paid by
Section 104. Provisional Register of Documents. The
the National treasurer out of the Assurance Fund. In an
Department of Agrarian Reform shall prepare by automate
action under this Decree, the plaintiff cannot recover as
data processing a special registry book to be known as the
compensation more than the fair market value of the land at
"Provisional Register of Documents issued under PD-27"
the time he suffered the loss, damage, or deprivation thereof.
which shall be kept and maintained in every Registry of
Deeds throughout the country. Said Registry Book shall be a
Section 98. General Fund when liable. If at any time the register of:
Assurance Fund is not sufficient to satisfy such judgment,
the National Treasurer shall make up for the deficiency from
a. All Certificates of Land Transfer (CLT) issued
any funds available in the treasury not otherwise
pursuant to P.D. No. 27; and
appropriated.
The court may order the Register of Deeds to amend or The Register of Deeds shall complete the entries on the
cancel a certificate of title or to do any other act as may be aforementioned Emancipation Patent and shall assign an
just and equitable. original certificate of title number in case of unregistered
land, and in case of registered property, shall issue the
corresponding transfer certificate of title without requiring the
Section 101. Losses not recoverable. The Assurance Fund
surrender of the owner's duplicate of the title to be canceled.
shall not be liable for any loss, damage or deprivation
caused or occasioned by a breach of trust, whether express,
implied or constructive or by any mistake in the resurveyed In case of death of the grantee, the Department of Agrarian
or subdivision of registered land resulting in the expansion of Reform shall determine his heirs or successors-in-interest
area in the certificate of title. and shall notify the Register of Deeds accordingly.
Section 102. Limitation of Action. Any action for In case of subsequent transfer of property covered by an
compensation against the Assurance Fund by reason of any Emancipation Patent or a Certificate of Title emanating from
loss, damage or deprivation of land or any interest therein an Emancipation Patent, the Register of Deeds shall affect
shall be instituted within a period of six years from the time the transfer only upon receipt of the supporting papers from
the right to bring such action first occurred: Provided, That the Department of Agrarian Reform.
the right of action herein provided shall survive to the legal
representative of the person sustaining loss or damage,
unless barred in his lifetime; and Provided, further, That if at No fee, premium, of tax of any kind shall be charged or
imposed in connection with the issuance of an original
the time such right of action first accrued the person entitled
to bring such action was a minor or insane or imprisoned, or Emancipation Patent and for the registration or related
otherwise under legal disability, such person or anyone documents.
claiming from, by or under him may bring the proper action at
any time within two years after such disability has been Section 106. Sale of agricultural land; affidavit. No voluntary
removed, notwithstanding the expiration of the original period deed or instrument purporting to be a subdivision, mortgage,
of six years first above provided. lease, sale or any other mode of encumbrance or
conveyance of private agricultural land principally devoted to
CHAPTER VIII rice or corn or any portion thereof shall be registered unless
REGISTRATION OF PATENTS accompanied by an affidavit of the vendor or executor stating
that the land involved is not tenanted, or if tenanted, the
same is not primarily devoted to the production of rice and/or
Section 103. Certificates of title pursuant to corn.
patents. Whenever public land is by the Government
alienated, granted or conveyed to any person, the same
shall be brought forthwith under the operation of this Decree. If only a portion of the land is primarily devoted to the
production of rice and/or corn, and such area so devoted is
It shall be the duty of the official issuing the instrument of
alienation, grant, patent or conveyance in behalf of the tenanted, no such deed or instrument shall be registered
Government to cause such instrument to be filed with the unless accompanied by an affidavit stating the area (size) of
the portion which is tenanted and primarily devoted to rice
Register of Deeds of the province or city where the land lies,
and to be there registered like other deeds and conveyance, and/or corn, and stating further that the deed or instrument
whereupon a certificate of title shall be entered as in other covers only the untenanted portion or that which is not
cases of registered land, and an owner's duplicate issued to primarily devoted to the production of rice and/or corn. A
the grantee. The deed, grant, patent or instrument of memorandum of said affidavit shall be annotated on the
LTD, PD 1529, Page 15
certificate of title. The Register of Deeds shall cause a copy contain a memorandum of the fact that it is issued in place of
of the registered deed or instrument, together with the the lost duplicate certificate, but shall in all respects be
affidavit, to be furnished the Department of Agrarian Reform entitled to like faith and credit as the original duplicate, and
Regional Office where the land is located. The affidavit shall thereafter be regarded as such for all purposes of this
provided in this section shall not be required in the case of a decree.
tenant-farmer who deals with his Certificate of Land Transfer
or Emancipation Patent in accordance with law.
Section 110. Reconstitution of lost or destroyed original of
Torrens title. Original copies of certificates of title lost or
CHAPTER X destroyed in the offices of Register of Deeds as well as liens
PETITIONS AND ACTIONS AFTER ORIGINAL and encumbrances affecting the lands covered by such titles
REGISTRATION shall be reconstituted judicially in accordance with the
procedure prescribed in Republic Act No. 26 insofar as not
inconsistent with this Decree. The procedure relative to
Section 107. Surrender of withhold duplicate
administrative reconstitution of lost or destroyed certificate
certificates. Where it is necessary to issue a new certificate
prescribed in said Act is hereby abrogated.
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 Notice of all hearings of the petition for judicial reconstitution
refusal or failure of the holder to surrender the owner's shall be given to the Register of Deeds of the place where
duplicate certificate of title, the party in interest may file a the land is situated and to the Commissioner of Land
petition in court to compel surrender of the same to the Registration. No order or judgment ordering the
Register of Deeds. The court, after hearing, may order the reconstitution of a certificate of title shall become final until
registered owner or any person withholding the duplicate the lapse of thirty days from receipt by the Register of Deeds
certificate to surrender the same, and direct the entry of a and by the Commissioner of Land Registration of a notice of
new certificate or memorandum upon such surrender. If the such order or judgment without any appeal having been filed
person withholding the duplicate certificate is not amenable by any of such officials.
to the process of the court, or if not any reason the
outstanding owner's duplicate certificate cannot be delivered,
CHAPTER XI
the court may order the annulment of the same as well as
SCHEDULE OF FEES: SPECIAL FUND
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. Section 111. Fees payable. The fees payable to the Clerk of
Court, the Sheriff, the Register of Deeds and the Land
Registration Commission shall be as follows:
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 A. Fees payable to the Clerk of Court. The fees
memorandum thereon and the attestation of the same be payable to the clerk of court or his deputies shall
Register of Deeds, except by order of the proper Court of be as follows:
First Instance. A registered owner of other person having an
interest in registered property, or, in proper cases, the
1. For filing an application for the
Register of Deeds with the approval of the Commissioner of
Land Registration, may apply by petition to the court upon registration of land, the fees shall be
the ground that the registered interests of any description, based on the assessed value of the
property for the current year, in
whether vested, contingent, expectant or inchoate appearing
on the certificate, have terminated and ceased; or that new accordance with the following schedule
interest not appearing upon the certificate have arisen or
been created; or that an omission or error was made in (a) When the value of the
entering a certificate or any memorandum thereon, or, on property does not exceed two
any duplicate certificate; or that the same or any person on thousand pesos, fifteen pesos
the certificate has been changed; or that the registered for the first five hundred
owner has married, or, if registered as married, that the pesos, or fractional part
marriage has been terminated and no right or interests of thereof, and five pesos for
heirs or creditors will thereby be affected; or that a each additional five hundred
corporation which owned registered land and has been pesos, or fractional part
dissolved has not convened the same within three years thereof.
after its dissolution; or upon any other reasonable ground;
and the court may hear and determine the petition after
notice to all parties in interest, and may order the entry or (b) When the value of the
cancellation of a new certificate, the entry or cancellation of a property does not exceed two
memorandum upon a certificate, or grant any other relief thousand pesos but does not
upon such terms and conditions, requiring security or bond if exceed ten thousand pesos,
necessary, as it may consider proper; Provided, however, thirty five pesos for the first
That this section shall not be construed to give the court three thousand pesos, or
authority to reopen the judgment or decree of registration, fractional part thereof, and five
and that nothing shall be done or ordered by the court which pesos for each additional one
shall impair the title or other interest of a purchaser holding a thousand pesos, or fractional
certificate for value and in good faith, or his heirs and part thereof.
assigns, without his or their written consent. Where the
owner's duplicate certificate is not presented, a similar (c) When the value of the
petition may be filed as provided in the preceding section. property is more than ten
thousand pesos but does not
All petitions or motions filed under this Section as well as exceed one hundred thousand
under any other provision of this Decree after original pesos, eighty pesos for the
registration shall be filed and entitled in the original case in first twenty thousand pesos,
which the decree or registration was entered. or fractional part thereof, and
ten pesos for each additional
ten thousand pesos, or
Section 109. Notice and replacement of lost duplicate fractional part thereof.
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 (d) When the value of the
of the province or city where the land lies as soon as the loss property is more than one
or theft is discovered. If a duplicate certificate is lost or hundred thousand pesos but
destroyed, or cannot be produced by a person applying for does not exceed five hundred
the entry of a new certificate to him or for the registration of thousand pesos, one hundred
any instrument, a sworn statement of the fact of such loss or eighty pesos for the first one
destruction may be filed by the registered owner or other hundred twenty-five thousand
person in interest and registered. pesos, or fractional part
thereof, and twenty pesos for
each additional twenty-five
Upon the petition of the registered owner or other person in thousand pesos, or fractional
interest, the court may, after notice and due hearing, direct part thereof.
the issuance of a new duplicate certificate, which shall
LTD, PD 1529, Page 16
(e) When the value of the 3. Attachment, levy, etc. For the
property is more than five annotation of an attachment, levy, writ of
hundred thousand pesos, five execution, adverse claim, five pesos for
hundred twenty pesos for the each parcel of land affected thereby.
first five hundred fifty
thousand pesos, or fractional
4. Lis Pendens, etc. For the annotation
part thereof, and forty pesos
of a notice of lis pendens, or of any
for each additional fifty
document or order in connection
thousand pesos, or fractional
therewith, for each of land affected
part thereof.
thereby, five pesos.
of plans approved by the Land (b) For the second ten corners or fraction 5.00
Registration Commission or the Bureau thereof
of Lands, private surveys, and other .......………………………………….......
plans of similar nature.
(c) For the third ten corners or fraction thereof 2.00
In the computation of fees relative to lots ........………………………………………....
subject of consolidation and
(d) For each corner in excess of the first thirty 0.20
consolidation-subdivision plans, a fee of
corners ……………………………..............
two pesos shall be collected per lot as
appearing in the old survey in addition to (e) If the sketch is prepared in tracing cloth, add 5.00
the fee collectible in paragraph 1 hereof to the total fees as above computed ...
for the new lots.
(f) If the plan or sketch so prepared contains
4. For the preparation of a plan in a the bearing and distances of the sides and
tracing cloth of any survey, the data of tie-lines, add to the total fees as above
which are available in the Commission, computed 10 per centum thereof.
except when the same is merely traced
from an existing plan, the fees shall be
computed as follows:
8. For furnishing a plan copy (blue-print,
(a) When the plan to be so or white print) of any plan on file in the
prepared contains only one Commission, the fee shall be as follows:
lot:
(a) For the copy of any size not exceeding forty square decimeters ..……...……
1. For the first ten corners or fraction thereof P40.00
.........………… (b) For one copy of more than forty square decimeters but not exceeding eighty
square decimeters in size .....………………………….......
2. For the next ten corners or fraction thereof 6.00
....……………...... (c) For one copy of more than eighty square decimeters but not exceeding one
hundred twenty square decimeter in size …………………..
3. For each corner in excess of the first twenty 0.40
corners ........... (d) For one copy in excess of one hundred twenty square decimeters in size, th
basis rate of nine pesos plus for every twenty square decimeters or fraction
thereof in excess …………………………………........
3. For each non-adjacent lot (other than the first P20.00 2. For each corner of a lot ........... 0.20
charged lot), irrespective of the number of its
corners ........……………………………... 3. For each extra carbon copy, extra charge .... 0.20
4. If any lot contains more than twenty corners P0.40 4. Minimum total charge ............. 3.00
for each corner of such lot in the first twenty
(b) For lot description prepared in tracing cloth (on
corners ........…………………………………….
tabulated form) including certification:
(a) For the first ten corners or fraction thereof P20.00 (a) For each plan with an aggregate area of P100.00
....……………………………………........ 1,000 sq. m. or less .........
1. For the first 1,000 s.m. ............. P100.00 person or persons executing the same in the presence of at
least two witnesses who shall likewise sign thereon, and
2. For every succeeding 1,000 sq. m. or 10.00 shall acknowledged to be the free act and deed of the
fraction thereof ........... person or persons executing the same before a notary public
or other public officer authorized by law to take
acknowledgment. Where the instrument so acknowledged
consists of two or more pages including the page whereon
acknowledgment is written, each page of the copy which is
12. For actual field work of subdivision survey, to be registered in the office of the Register of Deeds, or if
relocation survey and resurveyed of land, the fees registration is not contemplated, each page of the copy to be
shall be as follows: kept by the notary public, except the page where the
signatures already appear at the foot of the instrument, shall
be signed on the left margin thereof by the person or
(a) Subdivision survey: persons executing the instrument and their witnesses, and
all the ages sealed with the notarial seal, and this fact as well
1. Rural (Agricultural) as the number of pages shall be stated in the
acknowledgment. Where the instrument acknowledged
relates to a sale, transfer, mortgage or encumbrance of two
Area Survey Fee or more parcels of land, the number thereof shall likewise be
set forth in said acknowledgment.
For the first hectare
P 350.00
...........
CHAPTER XIII
For the 2nd ha. to 10th An additional 60.00 per DEALINGS WITH UNREGISTERED LANDS
ha. ha.
Section 113. Recording of instruments relating to
For the 11th ha. to An additional P30.00
unregistered lands. No deed, conveyance, mortgage, lease,
20th ha. per ha.
or other voluntary instrument affecting land not registered
For the 21st ha. to An additional P20.00 under the Torrens system shall be valid, except as between
30th ha. per ha. the parties thereto, unless such instrument shall have been
recorded in the manner herein prescribed in the office of the
For the 31st ha. to An additional P10.00 Register of Deeds for the province or city where the land lies.
200th ha. per ha.
(a) The Register of Deeds for each province or city
For the 201st ha. or An additional P8.00
shall keep a Primary Entry Book and a
over per ha.
Registration Book. The Primary Entry Book shall
contain, among other particulars, the entry
number, the names of the parties, the nature of the
A fraction of a hectare shall be document, the date, hour and minute it was
considered one hectare. presented and received. The recording of the deed
and other instruments relating to unregistered
lands shall be effected by any of annotation on the
2. Urban (Solar): space provided therefor in the Registration Book,
after the same shall have been entered in the
Primary Entry Book.
First 200 sq. m. or less ......... P350.00
Succeeding 201 sq. m. or more ........... (b) If, on the face of the instrument,
P20.00 100 it appears
sq. m. that
it is sufficient in law, the Register of Deeds shall
forthwith record the instrument in the manner
provided herein. In case the Register of Deeds
(b) Relocation Survey or Resurveyed: refuses its administration to record, said official
shall advise the party in interest in writing of the
ground or grounds for his refusal, and the latter
The fee for relocation survey or resurveyed shall be one may appeal the matter to the Commissioner of
hundred fifty per cent (150%) of the amount of survey fee Land Registration in accordance with the
collectible on the basis of the schedule of fees for provisions of Section 117 of this Decree. It shall be
subdivision survey as provided in the preceding paragraph understood that any recording made under this
plus one per cent (1%) of the assessed value of the land. section shall be without prejudice to a third party
with a better right.
Special Account. Twenty per centum of all the collections of
the Registers of Deeds and of the Land Registration (c) After recording on the Record Book, the
Commission under this Section and Sections 118 and 116 of Register of Deeds shall endorse among other
this Decree shall be appropriated and upon approval of a things, upon the original of the recorded
budget for it by the Ministry of the Budget, such amounts instruments, the file number and the date as well
shall be disbursed and all offices under the Land as the hour and minute when the document was
Registration Commission, for the purchase of necessary received for recording as shown in the Primary
equipment, for payment of allowances of officials and Entry Book, returning to the registrant or person in
employees of the Commission, including those of the interest the duplicate of the instrument, with
Registries of Deeds, as authorized by the Commissioner, for appropriate annotation, certifying that he has
contracts regarding security printing of Land title forms, for recorded the instrument after reserving one copy
survey contracts, and for the maintenance and other thereof to be furnished the provincial or city
operating expenses of the Commission. assessor as required by existing law.
CHAPTER XII
(d) Tax sale, attachment and levy, notice of lis
FORMS USED IN LAND REGISTRATION AND pendens, adverse claim and other instruments in
CONVEYANCING the nature of involuntary dealings with respect to
unregistered lands, if made in the form sufficient in
Section 112 law, shall likewise be admissible to record under
this section.
. Forms in conveyancing. The Commissioner of Land
Registration shall prepare convenient blank forms as may be (e) For the services to be rendered by the Register
necessary to help facilitate the proceedings in land of Deeds under this section, he shall collect the
registration and shall take charge of the printing of land title same amount of fees prescribed for similar
forms. services for the registration of deeds or
instruments concerning registered lands.
Deeds, conveyances, encumbrances, discharges, powers of
attorney and other voluntary instruments, whether affecting CHAPTER XIV
registered or unregistered land, executed in accordance with REGISTRATION OF CHATTEL MORTGAGES
law in the form of public instruments shall be registerable:
Provided, that, every such instrument shall be signed by the
LTD, PD 1529, Page 22
Section 114. Recording of chattel mortgages. A chattel pesos for each additional five thousand
mortgage shall be recorded in the office of the Register of pesos of fractional part thereof.
Deeds of the province or city where the mortgagor resides as
well as where the property is situated or ordinarily kept.
(d) Five hundred thousand pesos
maximum. When the amount of the
Section 115. Manner of recording chattel mortgages. Every mortgage is more than one hundred
Register of Deeds shall keep a Primary Entry Book and a thousand pesos but does not exceed
Registration Book for chattel mortgages; shall certify on each five hundred thousand pesos, three
mortgage filed for record, as well as on its duplicate, the hundred fifty-two pesos for the initial
date, hour, and minute when the same was by him received; amount not exceeding one hundred ten
and shall record in such books any chattel mortgage, thousand pesos and twenty pesos for
assignment or discharge thereof, and any other instrument each additional ten thousand pesos or
relating to a recorded mortgage, and all such instruments fractional part thereof.
shall be presented to him in duplicate, the original to be filed
and the duplicate to be returned to the person concerned.
(e) More than five hundred thousand
pesos. When the amount of the
The recording of a mortgage shall be effected by making an mortgage is more than five hundred
entry, which shall be given a correlative number, setting forth thousand pesos, one thousand one
the names of the mortgagee and the mortgagor, the sum or hundred sixty-two pesos for the initial
obligation guaranteed, date of the instrument, name of the amount not exceeding five hundred
notary before whom it was sworn to or acknowledged, and a twenty thousand pesos, and thirty pesos
note that the property mortgaged, as well as the terms and for each additional twenty thousand
conditions of the mortgage, is mentioned in detail in the pesos or fractional part thereof:
instrument filed, giving the proper file number thereof. The Provided, however, that registration of
recording of other instruments relating to a recorded the mortgage in the province where the
mortgage shall be effected by way of annotation on the property is situated shall be sufficient
space provided therefor in the Registration Book, after the registration and provided, further, that if
same shall have been entered in the primary Entry Book. the mortgage is to be registered in more
than one city or province, the Register of
Deeds of the city or province where the
The Register of Deeds shall also certify the officer's return of
instrument is first presented for
sale upon any mortgage, making reference upon the record
registration shall collect the full amount
of such officer's return to the volume and page of the record
of the fees due in accordance with the
of the mortgage, and a reference of such return on the
schedule prescribed above, and the
record of the mortgage itself, and give a certified copy
Register of Deeds of the other city of
thereof, when requested, upon payment of the legal fees for
province where the same instrument is
such copy thereof, when requested, upon payment of the
also to be registered shall collect only a
legal fees for such copy and certify upon each mortgage
sum equivalent to twenty per centum of
officer's return of sale or discharge of mortgage, and upon
the amount of fees due and paid in the
any other instrument relating to such a recorded mortgage,
first city of province, but in no case shall
both on the original and in the duplicate, the date, hour, and
the fees payable in any Registry be less
minute when the same is received for record and record
than the minimum fixed in this schedule.
such certificate index of mortgagors and mortgagees, which
record and index shall be open to public inspection.
3. Conveyance of mortgaged property, etc. For
recording each instrument of sale, conveyance, or
Duly certified copies of such records and of filed instruments
transfer of the property which is subject of a
shall be receivable as evidence in any court.
recorded mortgage, or of the assignment of
mortgage credit, the fees established in the
Section 116. Fees for chattel mortgages, etc. The register of preceding schedule shall be collected on the
Deeds shall collect the following fees for services rendered bases of ten per centum of the amount of the
by him under this section: mortgage or unpaid balance thereof, provided, that
the latter is stated in the instrument.
1. Entry fee. For entry or presentation of any
document in the Primary Entry Book, five pesos. 4. Notice of attachment. For recording each notice
Supporting papers presented together with the of attachment, including the necessary index and
principal document need not be charged any entry annotations, eight pesos.
or presentation fee unless the party in interest
desires that they be likewise entered.
5. Release of mortgage. For recording such
release of mortgage, including the necessary
2. Chattel Mortgage. For filing and recording each index and references, the fees established in the
chattel mortgage, including the necessary schedule under paragraph (b) above shall be
certificates and affidavits, the fees established in collected on the basis of five per centum of the
the following schedule shall be collected: amount of the mortgage.
(a) Six thousand pesos maximum. When 6. Release of attachment. For recording each
the amount of the mortgage does not release of attachment, including the proper
exceed six thousand pesos, seven annotations, five pesos.
pesos for the first five hundred pesos, or
fractional part thereof, and three pesos
7. Sheriff's return of sale. For recording each
for each additional five hundred pesos,
sheriff's return of sale, including the index and
or fractional part thereof.
references, seven pesos.
CHAPTER XV
CONSULTAS
CHAPTER XVI
FINAL PROVISIONS
Done in the City of Manila, this 11th day of June, in the year
of Our Lord, nineteen hundred and seventy-eight.