ISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OF TITLE
> The court shall issue within 15 days from the entry thereof, an order directing the LRA administrator to issue the corresponding decree of registration and certificate of title
CERTIFICATE OF TITLE
1. The OCT shall be the true copy of the decree of registration
2. Transcript of the decree
3. Accumulates in one decree a precise and correct statement of the exact status of the fee simle title which an owner possesses
4. Evidence of the title which the owner has
5. What appears on the face of the title is controlling on questions of ownership sicne the certificate of title is an absolute and indeafisible evidence of ownership of the property in favor of the person whose name appears theein
DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THE WHOLE WORLD
> As soon as the decree of title has been registered in the office of the RD, the property included therein becomes registered land
> Certificate of title shall take effect upon the transcription of the decree
REGISTRATION DOESN'T GIVE ANY PERSON A BETTER TITLE THAN WHAT HE REALLY HAS PROBATIVE VALUE OF A CERTIFICATE OF TITLE
> Serves as an indeafisible title to the property in favor of the person whose name appears therein and is conclusive as to the identity of the land and its location
> The title becomes indeafisible and incontrovertible one year from its final decree
> The notations or memoranda at the back of the certificate aren’t admissible as proof of the contracts or documents to which they
pertain
> Validity and correctness of the title is presumed
WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE EARLIER IN DATE PREVAILS ENTRY OF Original Certificate Of Title
> The OCT is issued for the first time after initial registration proceedings
> OCT shall be the true coy of the decree of registration
> Upon receipt of the RD of the original and duplicate copy of the certificate of title, he shall enter the same in the record book and shall be numbered, dated and signed and sealed with the seal of his office
ISSUANCE OF THE OWNER’S DUPLICATE CERTIFICATE OF TITLE
> Shall be delivered to the registered owner or his duly authorized representative
> If 2 or more persons are registered owners, one owner’s duplicate may be issued for the whole land
> If the 2 co-owners desire, a separate duplicate may be issued to each of them in like form but all outstanding certificates so issued shall be surrendered whenever the RD shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein
THE ISSUANCE OF MORTGAGEE’S DUPLICATE CERTIFICATE IS DISCONTINUED CO OWNER MAY ONLY DISPOSE OF HIS ALIQUOT SHARE IN THE PROPERTY HELD IN COMMON REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNER’S DUPLICATE
> Registered owner has preferential right to the possession of the owner’s duplicate as against one whose name doesn't appear in the certificate but who may have right or claim to the possession of the land
DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEAR UPON ITS ISSUANCE. THERE ARE EXCEPTIONS THOUGH—
1. Laches
2. If there is fraud and misrepresentation on the title over public land
3. Buyer in bad faith
4. When the title over the land which you acquire is already privately owned
CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED THEREIN AND THE ENCUMBERANCES ENUMERATED IN THE LAW
1. Liens, claims, or rights existing or arising under the laws or the constitution which aren’t by law required
2. Unpaid real estate taxes levied or assessed within 2 years immediately preceding the acquisition of any right over the land
3. Any public highway or private way established or recognized by the law, or any government irrigation canal or lateral thereof
4. Any disposition of the property or limitation to the use thereof by virtue of PD 27 or any other law or regulation or agrarian reform— Tenancy Emancipation Decree and Comprehensive Agrarian Reform Law)
5. Rights incident to the relation of husband and wife and landlord and tenant
6. Liability to attachment and execution
7. Liability to any lien of any description established by law and the buildings thereon or an interest of the owner of such lands or buidings
8. Rights incident to the laws of descent or partition between coowners
9. Taking of the property through eminent domain
10. Right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences
11. Rights or liabilities created by law and applicable to unregistered land
ENCUMBERANCES IN THE TITLE
> Burden upon land, depreciative of its value, such as lien, easement, or servitude, which though adverse to the interest of the landowner, doesn't conflict with his conveyance of the land in fee
LIEN ON THE TITLE
> Charge on the property
> Qualified right or a proprietary interest which may be exercised over the property of another
REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT GO BEYOND THE REGISTRY TO DETERMINE CONDITIONS OF PROPERTY
SUPERIOR LIEN IN FAVOR OF GOVERNMENT COMPLEMENTARY TO THE DISTRAINT OF PERSONAL PROPERTY AND INTEREST AND RIGHTS THEREIN AND JUDICIAL ACTION UNPAID REAL ESTATE TAXES
> Refers to unpaid taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value
> Automatically registered
TENANT EMANCIPATION DECREE
> Tenant farmer—if not registered, 5 hectares and if irrigated, 3 hectares
> Landowner may retain an area of not more than 7 hectares if such landowner is cultivating such area or will not cultivate it
Comprehensive Agrarian Reform Law
> Landowner may not retain more than 5 hectares
> Three hectares may be allowed to each child of the landowner— provided that he is at least 15 years old and that he is actually tilling the land or directly managing the farm
PUBLIC PATENT
> Land not subject to any encumberance or alienation from the date of approval and for the term of 5 years from and after the date of issuance of the patent or grant
OTHER STATUTORY LIENS
> Alienable lands of the public domain granted or donated or transferred to a province, municipality, or branch of the government shall not be alienated or encumbered or otherwise disposed of in a manner affecting its title except when authorized by Congress
CONTENTS OF A CERTIFICATE OF TITLE
1. Full names of all persons whose interest make up the full ownership of the land
2. Civil status
3. Names of the respective spouses
4. Citizenship
5. Residence and postal address
NOTHING IN THE DECREE SHALL BE CONSTRUED AS RELIEVING THE REGISTERED LAND OR THE OWNERS THEREOF FROM ANY RIGHTS INCIDENT TO THE RELATION OF THE HUSBAND AND WIFE, LANDLORD AND TENANT, OR FROM LIABILITY FROM ATTACHMENT, LEVY OR EXECUTION, OR ANY LIEN ESTABLISHED BY LAW ON THE LAND AND THE BUILDINGS THEREON
REGISTERED LAND MAY NOT BE ACQUIRED THROUGH ACQUISITIVE PRESCRIPTION
REGISTERED OWNER MAY BE BARRED FROM RECOVERING POSSESSION THROUGH LACHES: ELEMENTS OF LACHES
1. Conduct on the part of defendant
2. Delay in asserting the complainant’s rights after having knowledge or notice and having been afforded opportunity to initiate a suit
3. Lack of knowledge or notice on the part of defendant
4. Inquiry or prejudice to the defendant
CERTIFICATE OF TITLE NOT SUBJECT TO ANY COLLATERAL ATTACK
A DIRECT ATTACK ON THE TITLE MAY BE MADE IN A COUNTERCLAIM OR THIRD-PARTY COMPLAINT
SPLITTING OR CONSOLIDATING OF TITLE
> One need not go to court. All that must be done is to write a written request to the RD.
SUBDIVISION OR CONSOLIDATION OF TITLE
> “Which is not a subdivision project”—in relation to PD 957 on subdivisions
> A SUBDIVISION PROJECT is when there is subdivision of property with intention to sell the lots
> A COMPLEX SUBDIVISION PLAN is a plan wherein the streets, passageways, etc. are stated in the title
> If subdivision project, submit first to the HLURB, followed by the LMB and then the RD
SUBDIVISION OF REGISTERED LAND
> Submit to LRA an approved subdivision plan by the LMB
CONVEYANCE OF ONLY A PORTION OF THE LAND
> RD shall not enter a new title in favor of the grantee until after a plan indicating the portions into which the land has been subdivided shall have been first presented together with technical decription
