Date : 27 March 2020

Name : Cunanan, Nick Angelo B.

Subject : Land, Titles and Deeds
Professor : Atty. Anabel M. Dela Cruz

SECTION 39 - PREPARATION OF DECREE AND CERTIFICATE OF TITLE

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
simple 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 since the
certificate of title is an absolute and indefeasible evidence of ownership of the property in
favor of the person whose name appears therein
SECTION 40 – ENTRY OF ORIGINAL CERTIFICATE OF TITLE
When the register of deeds of the original and duplicate copies of the OCT the same shall
be entered in the record book and be numbered, dated, signed and sealed by the register of deeds
with the seal of his office. Such certificate of title shall take effect upon the date of entry, The
Register of Deeds shall forthwith send notice by mail to the registered owner that his owner's
duplicate is ready for delivery to him upon the payment of legal fees.
SECTION 41 - OWNER'S DUPLICATE CERTIFICATE OF TITLE
The owner's duplicate certificate of title shall be delivered to the registered owner or to
his duly authorized representative. In case there are two or more persons registered as owners,
one owner's duplicate certificate may be issued for the whole land, or if the co-owners wants a
separate duplicate, it may be issued to each of them in like form, but all outstanding certificates
of title so issued shall be surrendered whenever the Register of Deeds shall register any
subsequent voluntary transaction affecting the whole land or part thereof or any interest therein.
The Register of Deeds shall note on each certificate of title a statement as to whom a copy was
issued.
SECTION 42 - REGISTRATION BOOKS
The original copy of the OCT shall be filed in the RD, it shall be bound in consecutive
order together with similar certificates of title and shall constitute the registration book for titled
properties.
SECTION 43 – TRANSFER CERTIFICATE OF TITLE
 It is the subsequent certificate of title that may be issued by the Register of Deeds
pursuant to any voluntary or involuntary instrument relating to the same land.
 It must have a duplicate copy.
 The certificate shall show the number of the next previous certificate covering the same
land and the fact 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.
SECTION 44 – STATUTORY LIENS AFFECTING TITLE
 Certificate of title are free from liens except those noted therein and the encumbrances
enumerated in the law .
ENUMERATION OF ENCUMBERANCES ENUMERATED IN THE LAW
1. Liens, claims, or rights existing or arising under the laws or the constitution which are
not 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 buildings
8. Rights incident to the laws of descent or partition between co-owners
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
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
 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
CARL
 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 encumbrance 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.
SECTION 45 – STATEMENT OF PERSONAL CIRCUMSTANCES IN THE
CERTIFICATE
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
If the property belongs to the conjugal partnership it shall be issued in the names of both
spouses.
SECTION 46 - GENERAL INCIDENTS OF REGISTERED LAND
Registered land shall be subject to burdens and incidents as may arise by operation of
law. It shall not construed to relieve registered land or the owners thereof from any rights
incident to the any of the following relation; 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 buildings, or on the interest of the owner in such land or
buildings, or to change the laws of descent, or the rights of partition between co-owners, or the
right to take the same by eminent domain, or to relieve such land from liability to be recovered
by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences, or to
change or affect in any way other rights or liabilities created by law and applicable to
unregistered land.
SECTION 47 – REGISTERED LAND NOT SUBJECT TO PRESCRIPTIONS
Registered land may not be acquired through acquisitive prescription.
SECTION 48 - CERTIFICATE OF TITLE NOT SUBJECT TO COLLATERAL
ATTACK
Certificate of title not subject to any collateral attack while a direct attack on the title may
be made in a counterclaim or third-party complaint.
SECTION 49 – SPLITTING, OR CONSOLIDATION OF TITLES
One need not go to court. All that must be done is to write a written request to the
Registry of Deeds for the splitting and of titles.
SECTION 50 – SUBDIVISION OR CONSOLIDATION PLANS
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
 Registry of Deeds 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 description.