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Decree of Registration and Certificate of Title
Decree of Registration and Certificate of Title
Art. 1544. If the same thing should have been sold to different vendees, the
ownership shall be transferred to the person who may have first taken
possession thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the person
acquiring it who in good faith first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person who in
good faith was first in the possession; and, in the absence thereof, to the person
who presents the oldest title, provided there is good faith. (1473)
SUBSEQUENT REGISTRATION forged duplicate certificate of title, or a forged deed or other instrument, shall
PD 1529 be null and void.
Section 54. Dealings less than ownership, how registered. No new certificate
Section 51. Conveyance and other dealings by registered owner. An owner of shall be entered or issued pursuant to any instrument which does not divest the
registered land may convey, mortgage, lease, charge or otherwise deal with the ownership or title from the owner or from the transferee of the registered
same in accordance with existing laws. He may use such forms of deeds, owners. All interests in registered land less than ownership shall be registered
mortgages, leases or other voluntary instruments as are sufficient in law. But no by filing with the Register of Deeds the instrument which creates or transfers or
deed, mortgage, lease, or other voluntary instrument, except a will purporting claims such interests and by a brief memorandum thereof made by the Register
to convey or affect registered land shall take effect as a conveyance or bind the of Deeds upon the certificate of title, and signed by him. A similar memorandum
land, but shall operate only as a contract between the parties and as evidence of shall also be made on the owner's duplicate. The cancellation or extinguishment
authority to the Register of Deeds to make registration. of such interests shall be registered in the same manner.
The act of registration shall be the operative act to convey or 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 Section 57. Procedure in registration of conveyances. An owner desiring to
or city where the land lies. convey his registered land in fee simple shall execute and register a deed of
conveyance in a form sufficient in law. The Register of Deeds shall thereafter
Section 52. Constructive notice upon registration. Every conveyance, mortgage, make out in the registration book a new certificate of title to the grantee and
lease, lien, attachment, order, judgment, instrument or entry affecting shall prepare and deliver to him an owner's duplicate certificate. The Register of
registered land shall, if registered, filed or entered in the office of the Register of Deeds shall note upon the original and duplicate certificate the date of transfer,
Deeds for the province or city where the land to which it relates lies, be the volume and page of the registration book in which the new certificate is
constructive notice to all persons from the time of such registering, filing or registered and a reference by number to the last preceding certificate. The
entering. original and the owner's duplicate of the grantor's certificate shall be stamped
"canceled". The deed of conveyance shall be filled and indorsed with the
Section 53. Presentation of owner's duplicate upon entry of new certificate. No number and the place of registration of the certificate of title of the land
voluntary instrument shall be registered by the Register of Deeds, unless the conveyed.
owner's duplicate certificate is presented with such instrument, except in cases
expressly provided for in this Decree or upon order of the court, for cause Section 58. Procedure where conveyance involves portion of land. If a deed or
shown. conveyance is for a part only of the land described in a certificate of title, the
Register of Deeds shall not enter any transfer certificate to the grantee until a
The production of the owner's duplicate certificate, whenever any voluntary plan of such land showing all the portions or lots into which it has been
instrument is presented for registration, shall be conclusive authority from the subdivided and the corresponding technical descriptions shall have been
registered owner to the Register of Deeds to enter a new certificate or to make a verified and approved pursuant to Section 50 of this Decree. Meanwhile, such
memorandum of registration in accordance with such instrument, and the new deed may only be annotated by way of memorandum upon the grantor's
certificate or memorandum shall be binding upon the registered owner and certificate of title, original and duplicate, said memorandum to serve as a notice
upon all persons claiming under him, in favor of every purchaser for value and to third persons of the fact that certain unsegregated portion of the land
in good faith. described therein has been conveyed, and every certificate with such
memorandum shall be effectual for the purpose of showing the grantee's title to
In all cases of registration procured by fraud, the owner may pursue all his legal the portion conveyed to him, pending the actual issuance of the corresponding
and equitable remedies against the parties to such fraud without prejudice, certificate in his name.
however, to the rights of any innocent holder for value of a certificate of title.
After the entry of the decree of registration on the original petition or Upon the approval of the plan and technical descriptions, the original of the
application, any subsequent registration procured by the presentation of a plan, together with a certified copy of the technical descriptions shall be filed
with the Register of Deeds for annotation in the corresponding certificate of title
and thereupon said officer shall issue a new certificate of title to the grantee for RULE 68, SEC 3 OF RULES OF COURT
the portion conveyed, and at the same time cancel the grantor's certificate
partially with respect only to said portion conveyed, or, if the grantor so desires,
his certificate may be canceled totally and a new one issued to him describing Section 3. Sale of mortgaged property; effect. — When the defendant, after being
therein the remaining portion: Provided, however, that pending approval of said directed to do so as provided in the next preceding section, fails to pay the
plan, no further registration or annotation of any subsequent deed or other amount of the judgment within the period specified therein, the court, upon
voluntary instrument involving the unsegregated portion conveyed shall be motion, shall order the property to be sold in the manner and under the
effected by the Register of Deeds, except where such unsegregated portion was provisions of Rule 39 and other regulations governing sales of real estate under
purchased from the Government or any of its instrumentalities. If the land has execution. Such sale shall not affect the rights of persons holding prior
been subdivided into several lots, designated by numbers or letters, the Register encumbrances upon the property or a part thereof, and when confirmed by an
of Deeds may, if desired by the grantor, instead of canceling the latter's order of the court, also upon motion, it shall operate to divest the rights in the
certificate and issuing a new one to the same for the remaining unconveyed lots, property of all the parties to the action and to vest their rights in the purchaser,
enter on said certificate and on its owner's duplicate a memorandum of such subject to such rights of redemption as may be allowed by law.
deed of conveyance and of the issuance of the transfer certificate to the grantee
for the lot or lots thus conveyed, and that the grantor's certificate is canceled as Upon the finality of the order of confirmation or upon the expiration of the
to such lot or lots. period of redemption when allowed by law, the purchaser at the auction sale or
last redemptioner, if any, shall be entitled to the possession of the property
Section 59. Carry over of encumbrances. If, at the time of any transfer, subsisting unless a third party is actually holding the same adversely to the judgment
encumbrances or annotations appear in the registration book, they shall be obligor. The said purchaser or last redemptioner may secure a writ of
carried over and stated in the new certificate or certificates; except so far as possession, upon motion, from the court which ordered the foreclosure. (3a)
they may be simultaneously released or discharged.
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