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LAND TITLES AND DEEDS (SECTIONS 54 TO 77)

Group members: Arellano, Jano Arpafo, Josephine Gerale, Shieldon Fernandez, Bianca Fragante, Criela Manaig, Jomel

SECTION 54 DEALINGS LESS THAN OWNERSHIP, HOW REGISTERED


No new certificate shall be entered or issued pursuant to any instrument which does not divest the ownership or title from the owner or from the transferee of the registered owners. All interests in registered land less than ownership shall be registered by filing with the Register of Deeds the instrument which creates or transfers or claims such interests and by a brief memorandum thereof made by the Register of Deeds upon the certificate of title, and signed by him. A similar memorandum shall also be made on the owner's duplicate. The cancellation or extinguishment of such interests shall be registered in the same manner.

REGISTRATION

Memorandum of Encumberances
1. All interests shall be entered by the Register of Deeds. 2. Serve notice to third parties of the instrument affecting the property. 3. Duplicate certificate of title.

SECTION 55 GRANTEE'S NAME, NATIONALITY, ETC., TO BE STATED.

Every deed or other voluntary instrument presented for registration shall contain or have endorsed upon it the full name, nationality, residence and postal address of the grantee or other person acquiring or claiming an interest under such instrument, and every deed shall also state whether the grantee is married or unmarried, and if married, the name in full of the husband or wife. If the grantee is a corporation or association, the instrument must contain a recital to show that such corporation or association is legally qualified to acquire private lands. Any change in the residence or postal address of such person shall be endorsed by the Register of Deeds on the original copy of the corresponding certificate of title, upon receiving a sworn statement of such change. All names and addresses shall also be entered on all certificates

SECTION 55 GRANTEE'S NAME, NATIONALITY, ETC., TO BE STATED.

Notices and processes issued in relation to registered land in pursuance of this Decree may be served upon any person in interest by mailing the same to the addresses given, and shall be binding, whether such person resides within or without the Philippines, but the court may, in its discretion, require further or other notice to be given in any case, if in its opinion the interest of justice so requires.

CONTENTS OF THE INSTRUMENT PRESENTED FOR REGISTRATION

The contents are as follows:


1. Full name 2. Nationality 3. Residence 4. Postal address of the grantee or other person acquiring or claiming

an interest
5. Married or unmarried 6. Corporation or association

SECTION 56 PRIMARY ENTRY BOOK; FEES; CERTIFIED COPIES.

Each Register of Deeds shall keep a primary entry book in which, upon payment of the entry fee, he shall enter, in the order of their reception, all instruments including copies of writs and processes filed with him relating to registered land. He shall, as a preliminary process in registration, note in such book the date, hour and minute of reception of all instruments, in the order in which they were received. They shall be regarded as registered from the time so noted, and the memorandum of each instrument, when made on the certificate of title to which it refers, shall bear the same date: Provided, that the national government as well as the provincial and city governments shall be exempt from the payment of such fees in advance in order to be entitled to entry and registration

SECTION 56 PRIMARY ENTRY BOOK; FEES; CERTIFIED COPIES.

Every deed or other instrument, whether voluntary or involuntary, so filed with the Register of Deeds shall be numbered and indexed and endorsed with a reference to the proper certificate of title. All records and papers relative to registered land in the office of the Register of Deeds shall be open to the public in the same manner as court records, subject to such reasonable regulations as the Register of Deeds, under the direction of the Commissioner of Land Registration, may prescribe. All deeds and voluntary instruments shall be presented with their respective copies and shall be attested and sealed by the Register of Deeds, endorsed with the file number, and copies may be delivered to the person presenting them. Certified copies of all instruments filed and registered may also be obtained from the Register of Deeds upon payment of the prescribed fees.

SECTION 56 PRIMARY ENTRY BOOK; FEES; CERTIFIED COPIES

Primary entry book a record of all instruments, including copies of writs and processes, affecting registered lands, which are entered by the Register of Deeds in the order of their filing, upon payment of the proper fees.

Deeds entered in the day book considered registered from the moment they are so noted. Levin v. Bass Record is constructive notice of its contents Garcia v. Court of Appeals(95 SCRA 380)

SECTION 57 PROCEDURE IN REGISTRATION OF CONVEYANCES.

An owner desiring to convey his registered land in fee simple shall execute and register a deed of conveyance in a form sufficient in law. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. The Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The original and the owner's duplicate of the grantor's certificate shall be stamped "canceled". The deed of conveyance shall be filled and indorsed with the number and the place of registration of the certificate of title of the land conveyed.

REGISTRATION PROCEDURE OF CONVEYANCES

An owner who desires to convey the land covered by his title to another shall execute the proper deed of conveyance, in proper form, and present the same, together with the owners duplicate certificate, to the Register of Deeds for entry and registration.

Register of Deeds shall enter in the registration book the fact of conveyance Prepare a new certificate of title in the name of the grantee, owners duplicate shall be delivered to him

REGISTRATION PROCEDURE OF CONVEYANCES

Register of deeds shall note upon the original and duplicate certificate the:
Date of conveyance Volume and page of the registration book in which the new certificate

is registered
Reference by number to the last preceding certificate.

Original and owners duplicate of the grantors title shall be stamped cancelled.
The deed of conveyance shall be filed with a notation of the number and place of registration of the certificate of title of the land conveyed.

SECTION 58 PROCEDURE WHERE CONVEYANCE INVOLVES PORTION OF LAND


If a deed or conveyance is for a part only of the land described in a certificate of title, the Register of Deeds shall not enter any transfer certificate to the grantee until a plan of such land showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions shall have been verified and approved pursuant to Section 50 of this Decree. Meanwhile, such deed may only be annotated by way of memorandum upon the grantor's certificate of title, original and duplicate, said memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed, and every certificate with such memorandum shall be effectual for the purpose of showing the grantee's title to the portion conveyed to him, pending the actual issuance of the corresponding certificate in his name

SECTION 58 PROCEDURE WHERE CONVEYANCE INVOLVES PORTION OF LAND


Upon the approval of the plan and technical descriptions, the original of the plan, together with a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title and thereupon said officer shall issue a new certificate of title to the grantee for the portion conveyed, and at the same time cancel the grantor's certificate partially with respect only to said portion conveyed, or, if the grantor so desires, his certificate may be canceled totally and a new one issued to him describing therein the remaining portion: Provided, however, that pending approval of said plan, no further registration or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be effected by the Register of Deeds, except where such unsegregated portion was purchased from the Government or any of its instrumentalities. If the land has been subdivided into several lots, designated by numbers or letters, the Register of Deeds may, if desired by the grantor, instead of canceling the latter's certificate and issuing a new one to the same for the remaining unconveyed lots, enter on said certificate and on its owner's duplicate a memorandum of such deed of conveyance and of the issuance of the transfer certificate to the grantee for the lot or lots thus conveyed, and that the grantor's certificate is canceled as to such lot or lots.

PROCEDURES

Prepare a plan of the land showing the subdivisions and the technical

description of each portion;


Plan must be verified and approved pursuant to Section 50 of this Code; In the meantime, during deliberations on the validity of the plan, the deed of conveyance may be annotated by way of memorandum

on the grantors certificate of title; and


no further registration or annotation of any subsequent deed or other

voluntary instrument involving the unsegregated portion conveyed shall be effected by the Register of Deeds, except where such unsegregated portion was purchased from the Government or any of its instrumentalities

PROCEDURES

Upon the approval of the plan and technical descriptions, the original of the plan,

together with a certified copy of the technical descriptions the same shall be filed with the Office of the Register of Deeds for annotation on the corresponding Transfer Certificate of Title; and
A Transfer Certificate of Title, to show ownership of grantee, will be issued by the

Register of Deeds either by:


Issuing a new certificate of title to the grantee for the portion conveyed, and

at the same time cancel the grantor's certificate partially with respect only to said portion conveyed; or
Instead of canceling the latter's certificate and issuing a new one to the same

for the remaining unconveyed lots, enter on said certificate and on its owner's duplicate a memorandum of such deed of conveyance and of the issuance of the transfer certificate to the grantee for the lot or lots thus conveyed, and that the grantor's certificate is canceled as to such lot or lots; or
Totally cancel the certificate of title and issue a new one on the remaining

portions.

SECTION 59 CARRY OVER OF ENCUMBRANCES

If, at the time of any transfer, subsisting encumbrances or annotations appear in the registration book, they shall be carried over and stated in the new certificate or certificates; except so far as they may be simultaneously released or discharged.

CARRYING OVER OF ENCUMBERANCES

Includes annotations and encumbrances:


Found in the registration book Noted on the certificate of title

Purpose: The grantee obtained the land or portion thereof subject to subsisting encumbrances attached to the title of his grantor.

CARRYING OVER OF ENCUMBERANCES

General rule: As between two involuntary documents, the earlier entry prevails Exception: L. P. LEVISTE vs. HON. ANTONIO H. NOBLEJAS (G.R. No. L28529 April 30, 1979)
Held: However, inasmuch as the aforesaid lis pendens refers to a lot

different from that covered by the adverse claim, notwithstanding their prior registration, they cannot be carried over to the new title to be issued to the adverse claimant.

MORTGAGES AND LEASES

SECTION 60 MORTGAGE OR LEASE OF REGISTERED LAND

Mortgage and leases shall be registered in the manner provided in Section 54 of this Decree. The owner of registered land may mortgage or lease it by executing the deed in a form sufficient in law. Such deed of mortgage or lease and all instruments which assign, extend, discharge or otherwise deal with the mortgage or lease shall be registered, and shall take effect upon the title only from time of registration. No mortgagee's or lessee's duplicate certificate of title shall hereafter be issued by the Registers of Deeds, and those issued prior to the effectivity of this Decree are hereby deemed canceled and the holders thereof shall immediately surrender the same to the Register of Deeds concerned.

MORTGAGES

Essence of a Mortgage:
A property has been identified from a mass of property The property will be used as security for another obligation Should the debtor/mortgagor fail to fulfill the obligation, the

creditor/mortgagee has the right to seize and sell property Parties to a Mortgage 1) Mortgagor 2) Mortgagee

MORTGAGES

Object of Real Property Mortgage


Immovables Alienable real rights in accordance with the laws imposed upon

immovable Requisites of Mortgage: (Article 2085 of the Civil Code) 1) Constituted to secure the fulfillment of a principal obligation; 2) The mortgagor be the absolute owner of the thing mortgaged; 3) The person constituting the mortgage has the free disposal of their property or be legally authorized for the purpose.

MORTGAGES

Characteristic of Mortgage: 1) Real right 2) Accessory contract 3) Indivisible 4) Right in rem 5) Real property 6) Limitation on ownership

EQUITABLE MORTGAGES

Art. 1602. The contract (of sale with a right to repurchase) shall be presumed to be an equitable mortgage, in any of the following cases: (1) When the price of a sale with right to repurchase is unusually inadequate; (2) When the vendor remains in possession as lessee or otherwise; (3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed; (4) When the purchaser retains for himself a part of the purchase price; (5) When the vendor binds himself to pay the taxes on the thing sold; (6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation.

SECTION 61 REGISTRATION

Upon presentation for registration of the deed of mortgage or lease together with the owner's duplicate, the Register of Deeds shall enter upon the original of the certificate of title and also upon the owner's duplicate certificate a memorandum thereof, the date and time of filing and the file number assigned to the deed, and shall sign the said memorandum. He shall also note on the deed the date and time of filing and a reference to the volume and page of the registration book in which it is registered.

REGISTRATION OF MORTGAGE

Factors to be considered:
Memorandum that is signed by the Register of Deeds Date of filing Time of filing File number assigned to the deed

Particulars of entry into Registration Book: Date, Time, Volume

and Page

REGISTRATION OF MORTGAGE

Recorded Mortgage is a Right in Rem. Constructive notice: Signifies that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it. Unrecorded Mortgage is valid and binding upon the parties. Actual knowledge: Direct and clear cognizance of a circumstance or fact, resulting from information that would lead a reasonable, prudent person to investigate further. Registration is needed only to affect third parties. Lis pendens: An announcement to the whole world that a particular property is in litigation, and serves as a warning that one who acquires an interest over said property does so at his own risk, so that he gambles on the results of the litigation over said property.

REGISTRATION OF MORTGAGE

Innocent mortgagee for value:


Included in the phrase Innocent purchaser for value

Elements:
1) Mortgagee is an innocent mortgagee for value; and 2) Mirror Doctrine Where there is nothing on the certificate of title

to indicate any cloud or vice in the ownership of property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto Banks are cautioned to exercise more care and prudence in dealing with registered lands for their business is one affected with public interest

REGISTRATION OF MORTGAGE

Problems:
Subsequent declaration of a title as null and void. Remedies: Action for damages or Recovery of damages Jurisprudence: SANTIAGA BLANCO vs FRUCTUOSA ESQUIERDO (G.R.

No. L-15182 December 29, 1960)


CRISTINA PENULLAR vs PHILIPPINE NATIONAL BANK

(G.R. No. L-32762 January 27, 1983)


LILIA Y. GONZALES vs. IAC (G.R. No. L-69622 January 29,

1988)

REGISTRATION OF MORTGAGE

Subsequent lien or encumbrance annotated at the back of the certificate of title Cannot prejudice the mortgage previously registered Forged deed Without any force and effect Unrecorded sale of a prior date vs. Recorded Mortgage on a later date Jurisprudence: MARIA BAUTISTA VDA. DE REYES vs. MARTIN DE LEON (G.R. No. L-22331, June 6, 1967)

SECTION 62 DISCHARGE OR CANCELLATION

A mortgage or lease on registered land may be discharged or canceled by means of an instrument executed by the mortgage or lessee in a form sufficient in law, which shall be filed with the Register of Deeds who shall make the appropriate memorandum upon the certificate of title.

DISCHARGE OR CANCELLATION OF MORTGAGE

Mortgage is discharged only upon full payment of indebtedness Rule on redemption liberally construed

SECTION 66. TRUST WITH POWER OF SALE, ETC., HOW EXPRESSED.

If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage or deal with the land in any manner, such power shall be stated in the certificate of title by the words with power to sell, or power to mortgage, or by apt words of description in case of other powers. No instrument which transfers, mortgages or in any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument, or unless a final judgment or order of a court of component jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered.

TRUSTS, HOW EXPRESSED AND REGISTERED

The power to sell, mortgage, or deal with the land held in trust in any

manner shall be stated in the certificate of title.


"with power to sell", "power to mortagage", or by apt words of description

in case of other powers.


Memorandum - "in trust", "upon a condition", or other apt words, and a

reference by number to the instrument authorizing or creating the same.

SECTION 67 JUDICIAL APPOINTMENT OF NEW TRUSTEE

If a new trustee of registered land is appointed by a court of competent jurisdiction, a new certificate may be issued to him upon presentation to the Register of Deeds of a certified copy of the order or judicial appointment and the surrender for cancellation of the duplicate certificate.

APPOINTMENT OF TRUSTEES

Trustee, defined - the person in whom confidence is reposed as regards

property for the benefit of another.


Appointed by the RTC upon a petition of the executor or administrator or

person appointed as trustee under the will or written instrument.


Trustee under a written instrument declines, resigns, dies or is removed.

POWERS, RIGHTS AND DUTIES

Same powers, rights, and duties as if he had been originally

appointed.
Registration of appointed trustee by court:
certified copy of decree shall be presented to the RD and duplicate certificate shall be surrendered. Duplicate certificate shall be cancelled and a new certificate shall be issued by the RD.

SECTION 68 IMPLIED, TRUSTS, HOW ESTABLISHED

Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement thereof containing a description of the land, the name of the registered owner and a reference to the number of the certificate of title. Such claim shall not affect the title of a purchaser for value and in good faith before its registration.

REGISTRATION OF CLAIM BASED ON IMPLIED TRUST

Any person claiming an interest in registered land by reason of any implied or constructive trust shall file for registration with the RD: a) a sworn statement containing a description of the land and the name of the registered owner; and b) a reference to the number of the certificate of title.

INVOLUNTARY DEALINGS

WHAT ARE INVOLUNTARY DEALINGS?

Transactions affecting land in which cooperation of registered owner is not needed, or even against his will. Must be registered a) attachments b) sale on execution or for taxes or for any assessment c) adverse claim d) notice of lis pendens Entry of involuntary registration in the day book is a sufficient notice of adverse claim. Notice shall be annotated, duty of the Register of Deeds.

SECTION 69 ATTACHMENTS

An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land, shall be filed and registered in the Registry of Deeds for the province or city in which the land lies, and, in addition to the particulars required in such papers for registration, shall contain a reference to the number of the certificate of title to be affected and the registered owner or owners thereof, and also if the attachment, order, process or lien is not claimed on all the land in any certificate of title a description sufficiently accurate for identification of the land or interest intended to be affected. A restraining order, injunction or mandamus issued by the court shall be entered and registered on the certificate of title affected, free of charge.

ATTACHMENTS

Attachment, defined - legal process of seizing another's property in accordance with a writ. Writ of attachment - used primarily to seize the debtors property in order to secure the debt or claim of the creditor in the event that a judgment is rendered. A party who delivers a notice of attachment to the Register of Deeds and pays the corresponding fees has a right to presume that the official would perform his duty properly.

ATTACHMENTS

Rule 57, Sec. 1: Grounds upon which attachment may issue:

At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in, among others, the following cases:
a. In an action to recover the possession of property unjustly or

fraudulently taken, detained or converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an authorized person;
b. In action against a party who has been guilty of fraud in contracting

the debt or incurring the obligation upon which the action is brought, or in the performance thereof; and

ATTACHMENTS

c. In an action against a party who has removed or disposed of his

property, or is about to do so, with intent to defraud his creditors. A preliminary attachment may be validly applied for and granted ex parte before the defendant is summoned since the phrase at the commencement of the action refers to the date of the filing of the complaint and before summons is served on the defendant.

HOW ATTACHMENT IS EFFECTED

Rule 57, Sec. 7. Attachment of real and personal property; recording

thereof. Real and personal property shall be attached by the sheriff executing the writ in the following manner:
a. Real property, or growing crops thereon, or any interest therein,

standing upon the record of the registry of deed of the province in the name of the party against whom attachment is issued, or not appearing at all upon such records, or belonging to the party against whom attachment is issued and held by any other person, or standing on the records of the registry of deeds in the name of any other person, by filing with the registry of deeds a copy of the order, together with a description of the property attached, and a notice that it is attached, or that such real property and any interest therein held by or standing in the name of such other person are attached, and by leaving a copy of such order, description, and notice with the occupant of the property,

HOW ATTACHMENT IS EFFECTED

if any, or with such other person or his agent if found within the province. Where the property has been brought under the operation of either the Land Registration Act or the Property Registration Decree, the notice shall contain a reference to the number of the certificate of title, the volume and page in the registration book where the certificate is registered, and the registered owner or owners thereof. The registrar of deed must index attachments filed under this section in the names of the applicant, the adverse party, or the person by whom the property is held or in whose name it stands in the records. If the attachment is not claimed on the entire area of the land covered by the certificate of title, a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment

ATTACHMENT

An attachment, or copy of any writ, order or process issued by the court

intended to create or preserve any lien, status, right, or attachment upon registered land shall be filed and registered in the Registry of Deeds for the province or city where the land lies.
Knowledge of a prior unregistered interest is equivalent to registration

Ruiz V Court Of Appeals


GR 121298; July 31, 2001

DISCHARGE OF ATTACHMENT

An attachment may be discharged upon: Giving a counterbond; or On the ground that the same was improperly or irregularly issued or

enforced; or
That the bond is insufficient.

Effect: The property is released and no longer liable to the results of the

proceeding in which it was attached.

SECTION 70 ADVERSE CLAIM

Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed. The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim on the certificate of title. The adverse claim shall be effective for a period of thirty days from the date of registration. After the lapse of said period, the annotation of adverse claim may be canceled upon filing of a verified petition therefor by the party in interest: Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant

SECTION 70 ADVERSE CLAIM

Before the lapse of thirty days aforesaid, any party in interest may file a petition in the Court of First Instance where the land is situated for the cancellation of the adverse claim, and the court shall grant a speedy hearing upon the question of the validity of such adverse claim, and shall render judgment as may be just and equitable. If the adverse claim is adjudged to be invalid, the registration thereof shall be ordered canceled. If, in any case, the court, after notice and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the claimant in an amount not less than one thousand pesos nor more than five thousand pesos, in its discretion. Before the lapse of thirty days, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect.

PURPOSE

Notice and warning to third parties dealing with said property that

someone is claiming an interest on the same or a better right than the registered owner thereof.
Notice to third persons that any transaction regarding the disputed land is

subject to the outcome of the dispute.


Done by filing of a SWORN STATEMENT with the Register of Deeds of

the province where the property is located, setting forth the BASIS of the claimed right together with other pertinent data.
Ministerial duty of the Register of Deeds absent any defect on the face of

the instrument.

REGISTRATION OF ADVERSE CLAIM

Part 1:

Petition of the party who claims any part or interest in registered land, arising subsequent to the date of the original registration, for the registration of his adverse claim.
Part 2:

Petition filed in court by a party in interest for the cancellation of the adverse claim upon a showing that the same is invalid.

REQUISITES OF ADVERSE CLAIM

1.

The adverse claimant must state the following in writing: A. His alleged right or interest; B. How and under whom such right/interest was acquired; C. The description of the land in which the right/interest is claimed; D. The number of the certificate of title;

2.

Statement must be signed and sworn to before a notary public or officer authorized to administer oaths;
Claimants residence or place where notices may be served upon him;

3.

Non compliance renders the adverse claim non-registerable and ineffective.

The validity of an adverse claim may only be determined by the court

upon petition by an interested party.


After which, a hearing shall be held and a proper adjudication as justice

and equity may warrant.


When such claim is found unmeritorious: Registration may be cancelled.

Adverse claim is not ipso facto cancelled after 30 days, hearing is still

necessary. The Register of Deeds cannot unilaterally cancel the adverse claim. There must be a court hearing for that purpose.

After cancellation, no second adverse claim shall be registered by the

same claimant.
Innocent Purchaser For Value: Purchaser not bound by any lien not

entered in the certificate of title. A person dealing with registered land may safely rely upon the correctness of the title issued and the law does not oblige him to go behind the certificate to determine the condition of the property.
Martinez VS Garcia GR 166536; February 4, 2010

SECTION 71 SURRENDER OF CERTIFICATE IN INVOLUNTARY DEALINGS


If an attachment or other lien in the nature of involuntary dealing in registered land is registered, and the duplicate certificate is not presented at the time of registration, the Register of Deeds shall, within thirty-six hours thereafter, send notice by mail to the registered owner, stating that such paper has been registered, and requesting him to send or produce his duplicate certificate so that a memorandum of the attachment or other lien may be made thereon. If the owner neglects or refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the court, and it shall, after notice, enter an order to the owner, to produce his certificate at a time and place named therein, and may enforce the order by suitable process.

SURRENDER OF CERTIFICATE OF TITLE

Register of deeds may require registered owner to produce the owners

duplicate certificate in order that an attachment or other lien in the nature of involuntary dealing may be annotated thereon. If he fails to comply, the RTC may order the owner.
Any lien annotated should be incorporated in or carried over to the new

transfer certificate of title. It subsists notwithstanding a change in ownership. All subsequent purchasers must respect the mortgage whether the transfer to them be with or without the consent of the mortgagee, for such mortgage until discharged follows the property.

SECTION 72 DISSOLUTION, ETC. OF ATTACHMENTS, ETC.

Attachments and liens of every description upon registered land shall be continued, reduced, discharged and dissolved by any method sufficient in law, and to give effect to the continuance, reduction, discharge or dissolution thereof the certificate or other instrument for that purpose shall be registered with the Register of Deeds.

SECTION 73 REGISTRATION OF ORDERS OF COURT, ETC.

If an attachment is continued, reduced, dissolved, or otherwise affected by an order, decision or judgment of the court where the action or proceedings in which said attachment was made is pending or by an order of a court having jurisdiction thereof, a certificate of the entry of such order, decision or judgment from the clerk of court or the judge by which such decision, order or judgment has been rendered and under the seal of the court, shall be entitled to be registered upon presentation to the Register of Deeds.

SECTION 74 ENFORCEMENT OF LIENS ON REGISTERED LAND

Whenever registered land is sold on execution, or taken or sold for taxes, or for any assessment or to enforce a lien of any character, or for any costs and charges incident to such liens, any execution or copy of execution, any officers return, or any deed, demand, certificate, or affidavit, or other instrument made in the course of the proceedings to enforce such liens and required by law to be recorded, shall be filed with the Register of Deeds of the province or city where the land lies and registered in the registration book, and a memorandum made upon the proper certificate of title in each case as lien or encumberance.

If an attachment or lien is maintained, discharged or dissolved, the

certificate for the purpose shall be registered to give effect thereof.


The Register of Deeds may properly deny the inscription of an order of

attachment or levy of execution where the title of the property is not in the name of the judgment debtor but of another person and no evidence is submitted to show his interest in the property.

REGISTRATION OF DEEDS RELATING TO EXECUTION AND TAX DELINQUENCY SALES

Execution Sale
To enforce a lien of any

Tax Sale
No need to register the tax lien

description on registered land, any execution or affidavit to enforce such lien shall be filed with the Register of Deeds where the land lies

because it is automatically registered once the tax accrues;


However, sale of registered land

to foreclose a tax lien need to be registered.

REGISTRATION OF DEEDS RELATING TO TAX DELINQUENCY SALES

Notice requirements:
1. 2.

Notice of sale to delinquent land owners; Notice of sale to the public in general.

In the absence of the requisite notices, the levy and the sale would become invalid.

SECTION 75 APPLICATION FOR NEW CERTIFICATE UPON EXPIRATION OF REDEMPTION PERIOD


Upon the expiration of the time, if any, allowed by law for redemption after registered land has been sold on execution taken or sold for the enforcement of a lien of any description, except a mortgage lien, the purchaser at such sale or anyone claiming under him may petition the court for the entry of a new certificate to him. Before the entry of a new certificate of title, the registered owner may pursue all legal and equitable remedies to impeach or annul such proceedings.

SECTION 76 NOTICE OF LIS PENDENS

No action to recover possession of real estate, or to quiet title thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon, and no judgment, and no proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum or notice stating the institution of such action or proceeding and the court wherein the same is pending, as well as the date of the institution thereof, together with a reference to the number of the certificate of title, and an adequate description of the land affected and the registered owner thereof, shall have been filed and registered.

LIS PENDENS NATURE

Literally means pending suit; Jurisdiction, power or control that a court acquires over property involved

in a suit, pending the continuance of the action and until final judgment;
Keeps the subject matter of the litigation (the land) within the power of

the court until the litigation is over;


Merely serves as a warning (that one who acquires an interest over

litigated property does so at his own risk) and does not affect the merits of the case nor is it a lien or encumberance;
It negates good faith by third persons

LIS PENDENS PURPOSE

The purposes are:


1. 2.

To protect the rights of the party causing the registration of the lis pendens; and To advise third persons who purchase or contract on the subject property that they do so at their peril and subject to the result of the pending litigation.

LIS PENDENS ANNOTATION

Elements:
1. 2. 3.

The property must be of such character as to be subject to the rule; The court must have jurisdiction both over the person and the res; The property or res involved must be sufficiently described in the pleadings.

LIS PENDENS WHEN APPROPRIATE

Lis Pendens is appropriate in the following cases:


1. Action to recover possession of real estate; 2. Action to quiet title thereto; 3. Action to remove clouds thereon; 4. Action for partition; 5. Any other proceedings of any kind in court directly affecting the title

to the land or the use or occupation thereof or the buildings thereon.

LIS PENDENS WHEN NOT APPROPRIATE

Lis Pendens is not appropriate in the following cases:


1. Preliminary attachments; 2. Proceedings for the probate of wills; 3. Levies on execution; 4. Proceedings for administration of estate of deceased persons; 5. Proceedings in which the only object is the recovery of the money

judgment;
6. Foreclosure.

LIS PENDENS CONTENTS OF NOTICE

Pursuant to Rule 13 Sec. 14 of the Rules of Court and Section 76 of P.D. No. 1529, the following are included in the notice:
1. A statement of the institution of an action or proceeding; 2. The court where the same is pending; 3. The date of its institution; 4. A reference to the number of the certificate of title of the land; 5. An adequate description of the land affected and the registered

owner.

SECTION 77 CANCELLATION OF LIS PENDENS

Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered. It may also be cancelled by the Register of Deeds upon verified petition of the party who caused the registration thereof.

At any time after final judgment in favor of the defendant, or other disposition of the action such as to terminate finally all rights of the plaintiff in and to the land and/or buildings involved, in any case in which a memorandum or notice of lis pendens has been registered as provided in the preceding section, the notice of lis pendens shall be deemed cancelled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of disposal thereof.

CANCELLATION OF LIS PENDENS

The trial court has inherent power to cancel a notice of lis pendens but such powers are exercised under express provisions of the law. Pursuant to the aforementioned provision, the grounds for cancellation are:
1. Upon order of the court (after proper showing that the purpose of the

notice is to molest the adverse party);


2. Upon instance by the Register of Deeds at the instance of the party

who caused the registration of the notice;


3. Upon verified petition of the party who caused the registration

thereof.

CANCELLATION OF LIS PENDENS

In addition, Rule 13 Sec. 14 of the Rules of Court also provides for the following grounds:
1. If the annotation was for the purpose of molesting the title of the

adverse party;
2. When the annotation is not necessary to protect the title of the party

who caused it to be recorded.

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