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The basis of this principle is that the register
of title is a mirror which reflects accurately and
completely the current facts that are material to title.
With certain inevitable exceptions (ie exceptions to
indefeasibility) the title is free from all adverse
burdens, rights and qualifications unless they are
mentioned in the register.3 The mirror ideal, that
the register should reflect i facts and matters
relevant to the title to a parcel of land has not been
fulfilled in any Torrens jurisdiction.
One is the mirror principle, which means the
register correctly mirrors the information on the
property's title; if the property is sold, the mirror
principle ensures that the only information that is
changed in the register is the landowner's name.
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The principle requires that the register is the sole
source of information for intending purchasers. As the
Privy Council has put it, the main object of the Act:
is to save persons dealing with registered
proprietors from the trouble and expense of
going behind the register, in order to
investigate the history of their authors title,
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and to satisfy themselves of its validity.
The curtain principle is usually expressed in
individual Torrens statutes in terms that no notice of
trusts is to be entered in the register book, thereby
implying that they are of no concern to a disponee
and it is everywhere expressly stipulated that a
purchaser is not to be affected by notice of any trust.
This does not mean that a fiduciary is allowed to
escape from his obligations for, after registration, he
holds the land upon the trusts and for the purposes
for which the same is applicable by law although
these equities are behind the impenetrable curtain of
the register book.
curtain principle, the certificate of title
serves as the main proof of ownership, eradicating
the need for lengthy documentation
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This principle provides that, if through
human frailty (in the Registry), the mirror fails to give
an absolutely correct reflection of the title and a flaw
appears,
anyone who thereby suffers loss must be put
in the same position, so far as money can do
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it, as if the reflection were a true one.
The insurance principle also involves a
curative process. Since it is the State rather than the
parties which effects the transaction, registration
sometimes confers a better title than the transferor
possessed so that a purchaser can acquire an
indefeasible right, notwithstanding the infirmity of his
authors title. Thus the insurance principle, properly
understood and fully carried out, involves far more
than that the owners title is guaranteed by the State.
It means:
not only that registration will be carried on
literally as an insurance undertaking but also
that it is the privilege of the Registrar, or the
Commissioner, or other responsible officer,
on bringing land under the Act, to cure the
title of known defects so far as he possibly
can. It implies that the whole business of
registration ought to be conducted with such
an economy of public manpower, public time
and public money that the saving which is
achieved far outweighs any payment of
compensation for errors or omissions which
may become necessary from time to time.
insurance principle, which financially protects the
landowner against loss should the registrar make any
mistakes in the proper registration of the property.
In general, only Filipino citizens and corporations or
partnerships with least 60% of the shares are owned
by Filipinos are entitled to own or acquire land in the
Philippines. Foreigners or non-Philippine nationals