PRESCRIBED TEXTBOOK Property Registration Decree and Related Laws by Justice Oswaldo Agcacili, 2015 edition GRADING SYTEM 35% (Midterm Exam) + 35% (Final Exam) / 2 + 30% (Oral Recitation) ~ 100% (COURSE OUTLINE 1, INTRODUCTION 1, Importance of the subject: 4. Importance of the Subject, b Purpose of Land Registr 4. The Computerization of the Land Registration Authority (LRA) and its Registries. 2. Definition of Terms a. Land Registration is « judicial or administrative proceeding whereby a person's claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. Note: Registration docs not vest title It is merely evidence of such title over a particular property. b. Registration of title or original registration takes place when the title to land is made of public record for the first time in the name ofits lawful owner. It refers to the registration procedure from the filing of the application to the issuance of the original certificate of title based on the decree of registration, patent, award or grant. As to its nature, original registration is further classified into’ i. Judicial which may either be voluntary (ordinary) or compulsory (cadastral) fi, Administrativeu. Registration of deeds and other instruments or subsequent registration, on the other hand, takes place when a deed or instrument affecting land is made of public record ater the date of its original registration. Thus, the registration of a sale, mortgage, lease, attachment, notice of levy or other encumbrances falls within the purview of subsequent registration. The dealings pertaining to lands may refer to either voluntary or involuntary instruments. Voluntary transactions are the contracts or agreements willfully executed by the landowner or his duly authorized representative such as sales, leases, mortgages, donations, exchanges, trusts, or variations thereof affecting real estate. i, Involuntary transactions refer to those executed against the will or without the consent of the landowner contrary to his interest or will affect him adversely such as attachment, levy on execution, adverse claim, lis pendens and other liens. Land Titles is the evidence of the owner's right or extent of interest, by which he can maintain control and as a rule assert right to the exclusive possession and enjoyment of Property Deed is the instrument in writing by which any real estate or interest therein is created, alienated, mortgaged, or assigned, or by which title to any real estate may be affected in law or equity. ‘Torrens System is « system for registration of land under which, upon the landowner's application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. |. Torrens Title is a certificate of ownership issued under the Torrens System, through the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law. REGISTRATION OF LAND TITLES AND Functions of Registration ‘The three major functions of registration are:1, Publicity serves to give notice to all persons from time to time of such registering, filing and centering that certain party has or has acquired certain rights or interests in the property. 2. Priority serves to fix and determine the relative rights of parties whether superior oF subordinate, in relation to time, following the maxim “priore tempore, priore jure” (first in time, first in law). Article 709 of the New Civil Code provides that the titles of ownership or other rights over immovable property which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. 3, Security serves to provide registrants an archive for muniments of title, rights. and. interests in land recorded in the registry where the property _is located. Modes of Registration Registration may be by: 1. Transcription is the entering in the registration book by the register of deeds of the original certificate of title duly numbered, dated, signed and _—sealed issued pursuant to a decree of registration, patent, award or grant. 2. Inscription, on the other hand, is the recording on the certificate of tide a memorandum or an abstract of the instrument sought to be registered. I GOVERNING LAW B.D. 1529 (Property Registration Decree), approved on June 11, 1978, codified and incorporated the following laws related to property registration: 1. Act 496 ‘The Land Registration Act (Feb 1, 1903) 2. CA.141 The Public land Act (Nov 7, 1936) 3. Act 2259 The Cadastral Act (Feb 11,1913) 4. Act 3344 System of Registration for Unregistered Lands (December 8, 1926) 5. Act 1508 The Chattel Mortgage Lav, as amended (July 2, 1906) 6 RA2% — Reconstitution of Original Certificates of Title (Sept. 25, 1946). (Amended by RA 6732, July 17, 1989) 7. P.D.27 Emancipation Patents, Land Reform Law (October 21, 1972) P.D.957 Subdivision and Condominium Protective Buyers’ Decree (July 12, 1976) 9. R.A.4726 Condominium Act (June 18, 1966)