Court hearing necessary to correct entry in land title

Dear PAO,
I would like the entry in the Torrens Title issued to me covering a residential lot in Pasay City
(MetroManila), which described me as “married to Andrew,” be deleted and replaced with the
word “single.” I am not really married to Andrew because he is legally married to Ana, and we
are just live-in partners. I purchased the property out of my own funds during our cohabitation.
Now, the lawful wife of Andrew is interested in the property. Can the intended
amendment/correction of title be done by the Register of Deeds?

Dear Winny,

The intended correction or amendment in the Certificate of Title can only be corrected through
a court order/decision. The Register of Deeds has no authority to correct the error in the title.

Section 108 (Amendment and Alteration of Certificates) of Presidential Decree 1529, states:

“No erasure, alteration or amendment shall be made upon the registration book after the entry

of a certificate of title or of a memorandum thereon and the attestation of the same by the

Register of Deeds, except by order of the proper Court of First Instance. A registered owner or

other person having an interest in registered property, or, in proper cases, the Register of

Deeds with the approval of the Commissioner of Land Registration, may apply by petition to the

court upon the ground that the registered interests of any description, whether vested,

contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or

that new interest not appearing upon the certificate have arisen or been created; or that an

omission or error was made in entering a certificate or any memorandum thereon, or, on any

duplicate certificate; or that the same or any person on the certificate has been changed; or

that the registered owner has married, or, if registered as married, that the marriage has been

terminated and no right or interests of heirs or creditors will thereby be affected; or that a

corporation which owned registered land and has been dissolved has not convened the same

within three years after its dissolution; or upon any other reasonable ground; and the court
may hear and determine the petition after notice to all parties in interest, and may order the

entry or cancelation of a new certificate, the entry or cancelation of a memorandum upon a

certificate, or grant any other relief upon such terms and conditions, requiring security or bond

if necessary, as it may consider proper; Provided, however, That this section shall not be

construed to give the court authority to reopen the judgment or decree of registration, and that

nothing shall be done or ordered by the court which shall impair the title or other interest of a

purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his

or their written consent. Where the owner’s duplicate certificate is not presented, a similar

petition may be filed as provided in the preceding section.

“All petitions or motions filed under this section as well as under any other provision of this

decree after original registration shall be filed and entitled in the original case in which the

decree or registration was entered.”

In your situation, it is clear that there was a mistake that should be corrected in the Certificate

of Title describing you as “married to Andrew” since the latter is legally married to another.

Hence, the appropriate legal remedy is to file a petition for amendment in the court of

appropriate jurisdiction for the correction of the Certificate of Title.

We hope that we were able to answer your queries. Please be reminded that this advice is

based solely on the facts you have narrated and our appreciation of the same. Our opinion may

vary when other facts are changed or elaborated.

Only court can change names in land titles

Dear PAO,
I applied for a home loan from a bank. To secure my loan, I offered a piece of land given to me
by my mother as collateral. At present, my application is currently on hold because of a
discrepancy in my name on the land title. My second name was not included in the title.
Moreover, it was transferred to me when I was still single so it was registered in my maiden
name. May I know how can I correct my first name and update my surname? 
Dear Suzie,
As a rule, after the issuance of the certificate of title covering a parcel of land, the title can no
longer be altered, modified or cancelled except in a direct proceeding in accordance with law
(Sec. 48, Presidential Decree [P.D.] No. 1529). This rule is intended to preserve the integrity
and indefeasibility of the title once the claim of ownership is established and recognized, and to
give the public the right to rely on what is stated on the face of the title without need of
conducting further inquiry (Casimiro Development Corporation v. Mateo, 654 SCRA 676).

Consistent with the above rule, Section 108 of P.D. No. 1529, otherwise known as the Property

Registration Decree, provides that “no erasure, alteration, or amendment shall be made upon

the registration book after the entry of a certificate of title or of a memorandum thereon and

the attestation of the same by the Register of Deeds, except by order of the proper Court of

First Instance.” As declared by our Supreme Court, this remedy authorizes an interested person

to ask the court for any erasure, alteration, or amendment of a certificate of title or of any

memorandum appearing therein. Yet, it involves a summary proceeding in court and

contemplates corrections or insertions of mistakes which are only clerical but certainly not

controversial issues, meaning there is unanimity among the parties involved, or there is no

adverse claim or serious objection on the part of any party in interest (Heirs of Miguel Franco v.

CA, 463 Phil. 417). To avail of this remedy, the person asking for change or correction, which

the law states may either be the registered owner, other person having an interest in the

property, or the concerned register of deed, must file a petition in court.

Specifically, the remedy prescribed above may be availed of in seven instances, to wit: a) when

registered interests of any description, whether vested, contingent, expectant, or inchoate,

have terminated and ceased; (b) when new interests have arisen or been created which do not

appear upon the certificate; (c) when any error, omission or mistake was made in entering a

certificate or any memorandum thereon or on any duplicate certificate; (d) when the name of

any person on the certificate has been changed; (e) when the registered owner has been

married, or, registered as married, the marriage has been terminated and no right or interest of

heirs or creditors will thereby be affected; (f) when a corporation, which owned registered land

and has been dissolved, has not conveyed the same within three years after its dissolution; and

(g) when there is reasonable ground for the amendment or alteration of title (Paz v.Republic,

661 SCRA 74).

The above-mentioned remedy is applicable to your case. Your first concern involves the

inclusion of your second name, which was omitted in your land title. This problem is clearly a

clerical error or mistake in entering your name on the title. Moreover, it appears that such

mistake is neither controversial nor disputed by any party in interest. Similarly, the change in

your surname on account of marriage clearly falls under the fifth enumerated instance, i.e.

when the registered owner has been married. Hence, you are entitled to avail of the remedy

provided above to make the necessary correction or amendment to your land title. You may

initiate the action by filing a petition in the proper court of the place where the land is located

and registered.

We hope that we were able to sufficiently address your concern. Please bear in mind that this

opinion is based on the facts you narrated and our appreciation of the same. Our opinion may

vary if facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief

Acosta may be sent to dearpao@www.manilatimes.net