[Basic Knowledge for Brokers Series]
This document carefully explains the coverage, limitation, process, complexities, and requirements of land registration.
What is Land Registration?
Land Registration is defined as the inscription or recording or annotation of acts and contracts relating to the ownership of and other rights over land. It is done in the office of the Register of Deeds of the city or province and one for each city.
Registration is a mere ministerial act by which an instrument is sought to be inscribed in the records of the office of the Register of Deeds and annotated at the back of the instrument. It is not a declaration by the state that such an instrument is valid and subsisting interest in the land. The effect and validity can only be determined in an ordinary case before the courts, not before a court acting merely as a registration court which has no jurisdiction over the same.
What are the functions of the Register of Deeds?
§ It is the public repository of records affecting registered land
§ To register immediately all documents presented for registration as long as they comply with the requirements
§ To deny registration, if such document is not registrable, and inform presentor of such denial in writing, stating his reason for denial, and advising him of his right to appeal such decision
What are the purposes of Registration?
§ To give notice of true status of real property and real rights thereto
§ To prejudice third persons
§ To record acts or contracts such as the acquisition of ownership and other real rights over real property
§ To prevent the commission of frauds, thus insuring the effectivity of real rights over real property
What are the kinds of Registration?
§ Original Registration
§ Subsequent Registration
What is Original Registration?
It is the first registration of the land whereby an Original Certificate of Title is entered in the Registry of Property and a duplicate owner’s copy is issued to the owner by the Register of Deeds
What is Subsequent Registration?
It is the process where the Original Certificate of Title is cancelled and subsequently registered under a Transfer Certificate of Title in favor of the new in case of land conveyance such as sale, donation or assignment.
What are the two (2) kinds of Registration Systems now used in the Philippines?
Registration under the Torrens System which covers both original and subsequent registration
§ Act 496—Land Registration Act, effective Feb. 1, 1903 is Torrens System. It is a system of registration named after Sir Robert Torrens who devise it as a member of the South Australia Parliament, from his experience as a Register of Deeds. A Torrens Title is the certificate of ownership issue under the Torrens System of registration by the government, through the Register of Deeds, free from all liens and encumbrances except such as expressly noted thereon or otherwise revised by law.
Registration under Sec.194 of the Revised Adm. Code
§ *This law deals with land not registered under Torrens System. Amended by Act 2837 and later by Act 3344 dated December 8, 1926.
What are the requirements of Voluntary Transaction of Registration?
§ (Sale, Donation, Settlement, Adjudication, Partition, Mortgage, Exchange, Lease and Merger)
§ Original copy of the Deed/ Instrument
§ If the original copy cannot be produced, the duplicate original or certified true copy shall be presented accompanied with a sworn affidavit executed by the interested party starting why the original copy cannot be presented.
§ Owner and Co-owner’s copy of the certificate of title (if one had been issued), if the land is registered.
§ DAR clearance and Affidavit of Aggregate Land Holding of the transferee if the land is covered by CARP.
§ Deeds of Transfer
§ BIR certificate authorizing registration, re: payment of capital gains tax, estate and donor’s tax, as case may be.
§ Revenue tax receipts evidencing payment of documentary stamp tax, if the amount paid is P10.00 and above. If the documentary stamp tax due is less than P10.00, the documentary stamp tax shall be attached to the document
§ Real property tax clearance indicating the tax declaration number
§ Proof of payment of transfer tax, except if the document was executed before July 1, 1973.
§ Tax Declaration
If the transferor or transferee is a corporation:
§ Secretary’s Certificate/ Board Resolution to sell/purchase
§ Articles of incorporation (transferee)
§ Certificate of the SEC that the article of incorporation had been registered.
§ If the land being transferred is covered by patent, the deed of sale is to be approved by the Regional Executive Director, DENR.
§ For extra-judicial settlement/ adjudication:
§ Affidavit of publication of the publisher/ editor stating that the deed or instrument had been published for the 3 consecutive weeks. If the deed included personal property, a bond shall be filed.
Sale of subdivision lots:
§ License to sell and/or certificate of registration by HLURB (in case of subdivision projects)
§ Power of Attorneys or any deed, instrument executed abroad:
§ Certificate of authentication by the nearest Philippine Consulate
Judicial settlement of estate:
§ Order approving the project of partition
§ Certificate of finality of the order/termination of special proceeding
§ Letters of administration, if the property is encumbered or sold during the settlement proceedings
Mortgage and lease:
§ Certificate of non-delinquency in the payment of real estate tax
§ Documentary stamp tax
Extra-judicial foreclosure of mortgage:
§ Certificate of sale by the sheriff
§ Approval of the Executive judge, RTC (except where the sale was by the notary public)
§ Documentary stamp tax
Consolidation of ownership:
§ Affidavit of consolidation of the purchase/deed of sale of the mortgage
Judicial foreclosure of mortgage:
§ Court order directing the sale by public auction
§ Certificate of sale issued by the sheriff
§ Notice of levy or attachment must first be annotated accompanied by a writ of execution
§ Certificate of Sale
§ Final Deed of Sale
§ For subdivision and/ or consolidation plan:
Without change of ownership:
§ Letter request
§ Tracing cloth of the plan duly approved by the Land Registration Authority or the Land Management Bureau
§ Blueprint copy of the plan
§ Original technical description
With change of ownership:
§ Agreement of partition
§ Real estate tax clearance
What are the requirements of Involuntary Transaction of Registration?
§ Notice containing the date institution of the action and court where the action is pending
§ Copy of the complaint
§ Certificate of title number
Sworn statement stating the following:
§ Alleged claim against the registered owner of the property
§ Certificate of title number and reference to volume and page number
§ Description of the land
§ Address of adverse claimant
Sale at public auction for non-payment of taxes:
§ Certificate for sale executed by the city treasurer
§ Final bill of sale (if to be consolidated)
§ Common requirements (if not available, order of the court for the issuance of the new owner’s copy and annulment of previous owner’s copy)
How is a Lis Pendens being cancelled?
§ Order of the court to cancel the notice
§ Certificate of the clerk of the court stating the manner of disposition
§ Sworn statement of the interested party who caused the filing of the notice
How is an Adverse Claim being cancelled?
§ After a lapse of 30 days, by verified petition before the RD, by the party-in-interest
§ Before the lapse of 30 days, by order of the court or by sword petition filed before the RD by the claimant withdrawing his claim