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Business (Article Mrec), Pagematch: 1, Sectionmatch: 1
Business (Article Mrec), Pagematch: 1, Sectionmatch: 1
The LRA stresses, however, that application for land titles is strictly
conducted on a first in registration, first in right basis.
This simply means that the person or entity who registered the land
first gets the legal preferential right to own it first, according to Diaz.
To ward off conflicts in land ownership, other claimants to the same
property cannot stop the registration process provided the first
applicant has been able to successfully enter the instrument in the
register of deeds, and has been issued an EPEB number confirming
receipt of submitted documentary requirements, and payment of the
proper fees.
An exemption to the rule is through a temporary restraining order
issued by the court, or when the applicant failed to meet the
requirements, in which case the application could be denied and the
submitted instruments deemed not registrable, Diaz said.
However, any registrant whose application for registration was
denied by an RD can still file an appeal called consulta with the
LRA head office. Consulta refers to the quasi-judicial power of the
LRA to reverse or affirm the RDs decision, as the case may be.
For this purpose, it is imperative that the chiefs of the offices of
register of deeds should be lawyers because the position requires
good knowledge of the law, Diaz said.
There are three basic reasons why the LRA issue land titles: sale of
the property, consolidation resulting from mortgage foreclosure, and
involuntary transactions such as court orders.
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