Chapter IVCertificate of Title
ISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OFTITLE
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 TITLEThe OCT shall be the true copy of the decree of
registrationTranscript of the decreeAccumulates in one decree a precise and
correct statement of the exact status of the fee simple title which an owner possesses
Evidence of the title which the owner hasWhat appears on the face of the title is
controlling on questions of ownership since the certificate of title is an absolute and indeafisible evidence of ownership of the property in favor of the person whose name appears theein
DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THEWHOLE WORLD
As soon as the decree of title has been registered in the office of the RD, the property included therein becomes registered land
Certificate of title shall take effect upon the transcription of the decree
WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THEEARLIER IN DATE PREVAILSThe OCT is issued for the first time after
initial registration proceedingsOCT shall be the true coy of the decree of
registrationUpon receipt of the RD of the original and
duplicate copy of the certificate of title, he shall enter the same in the record book and shall be numbered, dated and signed and sealed with the seal of his office
ISSUANCE OF THE OWNER’S DUPLICATE CERTIFICATEShall be delivered to the registered owner
or his duly authorized representativeIf 2 or more persons are registered owners,
one owner’s duplicate may be issued for the whole land
If the 2 co-owners desire, a separate duplicate may be issued to each of them in like form but all outstanding certificates so issued shall be surrendered whenever the RD shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein
REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNER’SDUPLICATE
Registered owner has preferential right to the possession of the owner’s duplicate as against one whose name doesn't appear in the certificate but who may have right or claim to the possession of the land
DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEARUPON ITS ISSUANCE. EXCEPTIONS ARE:1. Laches2. If there is fraud and
misrepresentation on the title over public land
3. Buyer in bad faith4. When the title over the land which
you acquire is already privately owned
CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTEDTHEREIN AND THE ENCUMBERANCES ENUMERATED IN THE LAW
1. Liens, claims, or rights existing or arising under the laws or the constitution which aren’t 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)
Cont’d…5. Rights incident to the relation of
husband and wife and landlord and tenant6. Liability to attachment and execution7. Liability to any lien of any description
established by law and the buildings thereon or an interest of the owner of such lands or buidings
8. Rights incident to the laws of descent or partition between co-owners
9. Taking of the property through eminent domain
Cont’d…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
LIENCharge on the propertyQualified right or a proprietary
interest which may be exercised over the property of another
UNPAID REAL ESTATE TAXESRefers 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 DECREETenant 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
CARLLandowner may not retain more
than 5 hectaresThree 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 PATENTLand not subject to any
encumberance 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 LIENSAlienable 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
CONTENTS OF A CERTIFICATE OF TITLE1. Full names of all persons
whose interest make up the full ownership of the land
2. Civil status3. Names of the respective
spouses4. Citizenship5. Residence and postal address
REGISTERED OWNER MAY BE BARRED FROM RECOVERINGPOSSESSION THROUGH LACHES: ELEMENTS OF LACHES1. Conduct on the part of defendant2. Delay in asserting the complainant’s
rights after having knowledgeor notice and having been afforded
opportunity to initiate a suit3. Lack of knowledge or notice on the
part of defendant4. Inquiry or prejudice to the defendant
CONVEYANCE OF ONLY A PORTION OF THE LANDRD 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 decription
