LAND REGISTRATION
LAND REGISTRATION
AND
AND
TITLE RECONSTITUTION
TITLE RECONSTITUTION
PREPARED BY: PREPARED BY:ATTY. ARLYN JOY C. ALLOSA-ALABA, REA, REB ATTY. ARLYN JOY C. ALLOSA-ALABA, REA, REB
Land registratin a!t"rit#
Land registratin a!t"rit#
Government agency mandated to
Government agency mandated to
protect
protect the
the T
T
orrens Syst
orrens System o
em of la
f land
nd
title registration
title registration
Central repository of all land recordsCentral repository of all land records
It keeps the title historyIt keeps the title history or records of transaction or records of transaction
involving titled or registered lands
involving titled or registered lands
It issues decrees of registration proceedingsIt issues decrees of registration proceedings
and causes the issuance by the register of and causes the issuance by the register of deeds the corresponding certicate of title deeds the corresponding certicate of title
Register $ deeds
Register $ deeds
Field ocers of Land egistrationField ocers of Land egistration
!uthority that serves the registration and
!uthority that serves the registration and
issuance of titles and any other form of
issuance of titles and any other form of
registra
registration such as tion such as mortgage" liens andmortgage" liens and
adverse claims to the title# It is an agency
adverse claims to the title# It is an agency
under the $epartment of %ustice#
Trrens S#ste%
Trrens S#ste%
System of dening o&nership of landSystem of dening o&nership of land
through registration and issuance of Title
through registration and issuance of Title
&ith the follo&ing purposes'
&ith the follo&ing purposes'
T To (uiet title to tho (uiet title to the lande land
)vidence of o&nership)vidence of o&nership
Certi&'ate $ tit(e
Certi&'ate $ tit(e
! document *instrument evidencing! document *instrument evidencing
o&nership over a parcel of land &hich is
o&nership over a parcel of land &hich is
issued only by
issued only by the the egister of $eedsegister of $eeds
&here the land is located# It is issued in
&here the land is located# It is issued in
duplicate" the original being
duplicate" the original being retaretainedined
under custodial by
under custodial by the the egister of $eedsegister of $eeds
and the duplicate being issued to the
and the duplicate being issued to the
o&ner#
Origina( Certi&'ate $ Tit(e
Origina( Certi&'ate $ Tit(e
First title issued to a parcel of land &hichFirst title issued to a parcel of land &hich is ac(uired through +udicial and
is ac(uired through +udicial and
administrative procedures
T
T
rans$er
rans$er
Certi&'
Certi&'
ate
ate
$ Ti
$ Ti
t(e
t(e
Subse(uent issuance of Subse(uent issuance of title from thetitle from the original title
Ste)s in (and registratin
Ste)s in (and registratin
,#
,# Land surveyLand survey
-#
-# !pproval of plan by the director of regional technical!pproval of plan by the director of regional technical director &ho has +urisdiction in the place &here the
director &ho has +urisdiction in the place &here the
property is located
property is located
.#
.# FFiling of application and led iling of application and led at the regional trial court ofat the regional trial court of the province &here the property is located
the province &here the property is located
/riginal plan in the tracing cloth or $ia0e polyester lm of the director/riginal plan in the tracing cloth or $ia0e polyester lm of the director of lands*regional lands director or the authori0ed person plus - e1tra
of lands*regional lands director or the authori0ed person plus - e1tra
print copies of the plan
print copies of the plan
Three copies of technical description veried and certie Three copies of technical description veried and certied by thed by the egional T
egional Technical $irector oechnical $irector or his ar his authori0ed ociauthori0ed ocial representativel representative
&hich conforms &ith
&hich conforms &ith LC circular no# .23LC circular no# .23
Three copies of certicates coming from surveyo Three copies of certicates coming from surveyor or Geodetic )ngineerr or Geodetic )ngineer or certicate
or certicate of non4avof non4availability from ailability from egional Tegional Technical $irectorechnical $irector
Four copies of latest ta1 declaration or assessment certicate fromFour copies of latest ta1 declaration or assessment certicate from assessor5s oce &here the property is located
Ste)s in (and registratin
Ste)s in (and registratin
The application s The application should contain the hould contain the follo&ingfollo&ing
!#
!# Lot descriptionLot description
6#
6# Civil status of Civil status of applicant" if married" name of spouse" ifapplicant" if married" name of spouse" if
separated" &here" &hen" &hat court gave the separation
separated" &here" &hen" &hat court gave the separation
decision
decision
C#
C# Legal guardian if the applicant is minor including name andLegal guardian if the applicant is minor including name and
address
address
$#
$# !pplicant5s citi0enship!pplicant5s citi0enship
)#
)# If minor" statement of parentsIf minor" statement of parents
F
F## Full name and address of the applicant" name of presentFull name and address of the applicant" name of present
occupants and name of ad+oining lot o&ners if kno&n" if
occupants and name of ad+oining lot o&ners if kno&n" if notnot
kno&n" statement of ho& to nd the o&ners of ad+oin
kno&n" statement of ho& to nd the o&ners of ad+oin
properties
Ste)s in (and registratin
Ste)s in (and registratin
7#
7# Clerk of Court &ill Clerk of Court &ill give Land egistration Case# 8o# 9pongive Land egistration Case# 8o# 9pon
acceptance of application
acceptance of application
3#
3# The court &ill schedule the date and time of hearing of The court &ill schedule the date and time of hearing of
application in compliance &ith
application in compliance &ith sec -. :$ ,3-; and LC circularsec -. :$ ,3-; and LC circular
nol .3.# The court order of rst hearing &ill be sent t
nol .3.# The court order of rst hearing &ill be sent to Lo L!!
including the duplicate copy of application" original or certied
including the duplicate copy of application" original or certied
copy of plan in tracing cloth" duplicate original copy of technical
copy of plan in tracing cloth" duplicate original copy of technical
description" surveyor5s certicate" latest
description" surveyor5s certicate" latest ta1 declaration" proofta1 declaration" proof
of payment of publication fee in an /cial
of payment of publication fee in an /cial Ga0etteGa0ette
2#
2# The notice of initial hearing proposed by L The notice of initial hearing proposed by L! should be! should be
published once in an /cial Ga0ette and once in the ne&spaper
published once in an /cial Ga0ette and once in the ne&spaper
of
of general general publication publication or or circulation circulation in in the the :hilippines :hilippines # # TheThe
amount of publication is :,"<,-#3< if t
amount of publication is :,"<,-#3< if the application is for onehe application is for one
=,> lot &ith the addi
=,> lot &ith the additional of :.--#3< for and in e1cess of thetional of :.--#3< for and in e1cess of the
rst lot to be paid to the Clerk of Court upon ling
rst lot to be paid to the Clerk of Court upon ling ofof
application#
application# The amount The amount &ill be given &ill be given to the to the $irector $irector of theof the
8ational :rinting /ce"
Ste)s in (and registratin
Ste)s in (and registratin
?#
?# !ll persons &ho claim o&nership or interest in the land should le an!ll persons &ho claim o&nership or interest in the land should le an
opposition to the court so he &ill be heard# opposition to the court so he &ill be heard#
@#
@# The applicants and oppositions The applicants and oppositions must sho& proofs of must sho& proofs of o&nership ino&nership in
time of hearing# time of hearing#
;#
;# !fter hearing" the court &ill render decision in favor of the person!fter hearing" the court &ill render decision in favor of the person
&ho can pr
&ho can prove his oove his o&nership# &nership# If the decision If the decision is nal" the is nal" the Court &illCourt &ill give order to the !dministrator of the LS to give $ecree of
give order to the !dministrator of the LS to give $ecree of
egistration to said egistration to said claimant#claimant#
,<#
,<# !f!fter receiving the Cter receiving the Court order" the administrator of ourt order" the administrator of LL! &ill give! &ill give
$ecree of
$ecree of egistration and tegistration and this &ill be his &ill be numbered type&ritten in thenumbered type&ritten in the /riginal Certicates of Title and this &ill be delivered together &ith /riginal Certicates of Title and this &ill be delivered together &ith the /&ner5s $uplicate Copy to the egister of $eeds" &here the the /&ner5s $uplicate Copy to the egister of $eeds" &here the property is located#
property is located#
,,#
,,# The The egister of $eeds after receiving the original and duplicateegister of $eeds after receiving the original and duplicate
copies of the /riginal
copies of the /riginal Certicate of Title or $ecree of egistration &illCerticate of Title or $ecree of egistration &ill put /CT number and &ill be k
put /CT number and &ill be kept at the vault of ept at the vault of the egistrythe egistry# # !fter!fter payment of legal fees" the duplicate /&ner5s Copy of /CT &ill be payment of legal fees" the duplicate /&ner5s Copy of /CT &ill be given to the o&ner#
REGISTRATION
REGISTRATION
*ROD+
*ROD+
!n entry in the book !n entry in the book of registry includingof registry including
cancellation" annotation" and even marginal notes cancellation" annotation" and even marginal notes
!n entry made !n entry made in the registry &hich recordsin the registry &hich records
solemnly and permanently the rights of solemnly and permanently the rights of o&nership and other real rights#
o&nership and other real rights#
Governed by !CT 7;2 AThe Governed by !CT 7;2 AThe Land egistration !ctBLand egistration !ctB
=F
=Feb ," ,;<.>" laeb ," ,;<.>" later replaced by :$ ter replaced by :$ ,3-;,3-;
A:roperty egistration $ecreeB =%une ,," ,;?@> A:roperty egistration $ecreeB =%une ,," ,;?@> &hich amended and codied the la&s
&hich amended and codied the la&s related torelated to registrati
a+or Functions of registrationa+or Functions of registration
:ublicity:ublicity :riority:riority SecuritySecurity ethods of egistration ethods of egistration T Transcriptionranscription Inscription Inscription
inds $ Registratin
inds $ Registratin
egistration of Title or /riginalegistration of Title or /riginal egistration
egistration
%udicial" &hich may eithe %udicial" &hich may either be'r be'
DoluntaryDoluntary
CompulsoryCompulsory
Registratin $ Deeds and t"er
Registratin $ Deeds and t"er
Instr!%ents r s!se!ent
Instr!%ents r s!se!ent d'!%entsd'!%ents
ay either be'ay either be'
Doluntary E sale" e1change of property" lease"Doluntary E sale" e1change of property" lease"
mortgage" donations mortgage" donations
Involuntary E attachments = Involuntary E attachments = prelimpreliminaryinary
attachements" garnishment" levy of e1ecution> attachements" garnishment" levy of e1ecution>
4
4 adverse adverse claimsclaims 4
4 notice notice of of lis lis pendenspendens
Tit(e Re'nstit!tin
Tit(e Re'nstit!tin
9ndertaken &hen title is lost or burned#9ndertaken &hen title is lost or burned# The title lost ca
The title lost can be the original titlen be the original title
under the custody
under the custody of the egistof the egister ofer of
$eeds or the /&ner5s duplicate copy
$eeds or the /&ner5s duplicate copy
&hich is under the custody of the o&ner#
&hich is under the custody of the o&ner#
The r
The reconstitution can either be byeconstitution can either be by
administrative
Ad%inistrati/e Re'nstit!tin $
Ad%inistrati/e Re'nstit!tin $
Tit(e
Tit(e
It is the re4establishing of a TransferIt is the re4establishing of a Transfer
Certicate of Title &ithout the necessity of Certicate of Title &ithout the necessity of court proceedings =
court proceedings =! 2?.- ! 2?.- E assE ass
econstitution of Title> econstitution of Title>
!t &hich /$ can !t &hich /$ can !dministrative!dministrative
econstitution be econstitution be availed ofavailed of
6a
6atatangngas Cas Citityy CaCamamarirines nes SuSurr a
alolololos" 6us" 6ulalacacann IlIlagaganan" Isa" Isabebelala Calap
Calapan" an" /rient/riental al indoindororo ue0on ue0on CityCity 6orongon" Samar
Hhen and Hhere to File
Hhen and Hhere to File
!nytime at the /ce of the /$ =only in
!nytime at the /ce of the /$ =only in
the ? /$s>
the ? /$s>
/utside the ? /$s
/utside the ? /$s
4
4 reconstitureconstitution tion must must be be led led in in courtcourt
=+udicial
J!di'ia( Re'nstit!tin
J!di'ia( Re'nstit!tin
Through court pr Through court proceedingsoceedings
8eeds service of a la&yer8eeds service of a la&yer
8eed publication in the ocial ga0ette8eed publication in the ocial ga0ette
econstituted title is not sub+ect to theeconstituted title is not sub+ect to the t&o =-> year period &ithin &hich one
t&o =-> year period &ithin &hich one
=&ho might have superior right> can
=&ho might have superior right> can le ale a
claim against it#
claim against it#
The -4y The -4year period &hich is sub+ect tear period &hich is sub+ect too claims of third parties" is not
claims of third parties" is not annotatedannotated
on
on the the title# title# In In administrativeadministrative
reconstit
Re!ire%ent $r Ad%inistrati/e
Re!ire%ent $r Ad%inistrati/e
Re'nstit!tin
Re'nstit!tin
!n application*petition!n application*petition /&ner5s duplicate copy or photocopy or/&ner5s duplicate copy or photocopy or &hichever document that &ill evidence
&hichever document that &ill evidence
o&nership#
o&nership#
eal estate ta1 receipts" representing fulleal estate ta1 receipts" representing full payment of at least t&o =-> years prior to
payment of at least t&o =-> years prior to
ling of the petition#
ling of the petition#
Pointers on how to detect
Pointers on how to detect
fak
fak
e
e
and/or
and/or
spurious title:
spurious title:
,#> Check the original and o&ner5s duplicate to nd out if
,#> Check the original and o&ner5s duplicate to nd out if
the latter i
the latter is an e1act cos an e1act copy of the py of the formerformer##
! genuine o&ner5s duplicate of transfer certicate of title
! genuine o&ner5s duplicate of transfer certicate of title
should be carbon original of the original copy of the title# If
should be carbon original of the original copy of the title# If
both are carbon originals" as in the case of /riginal
both are carbon originals" as in the case of /riginal
Certicate of Title" they should have been typed together"
Certicate of Title" they should have been typed together"
hence" coincide in every &ay#
hence" coincide in every &ay#
-#> Check out the initials and signature appearing on the t&o
-#> Check out the initials and signature appearing on the t&o
titles as &ell as the manner in &hich the entries and the
titles as &ell as the manner in &hich the entries and the
technical description &ere type&ritten# !ll the foregoing
technical description &ere type&ritten# !ll the foregoing
details must be the same on both certicates of title# !ny
details must be the same on both certicates of title# !ny
variance thereof is a ground of suspicion#
Pointers
Pointers
on how to detect fake and/or on how to detect fake and/orspurious title:
spurious title:
.#> Find out if the serial number of the +udicial form .#> Find out if the serial number of the +udicial form used in accomplishing the titles conforms &ith the used in accomplishing the titles conforms &ith the serial number of the +udicial forms for&arded by serial number of the +udicial forms for&arded by the LC Central oce to the particular egistry of the LC Central oce to the particular egistry of $eeds that appears to have
$eeds that appears to have issued the title#issued the title#
7#> Check if the egistry of $eeds of the province 7#> Check if the egistry of $eeds of the province or city &ho purportedly signed the title is the real or city &ho purportedly signed the title is the real egistry of $eeds of the province or city &here the egistry of $eeds of the province or city &here the land is located#
land is located#
3#> Derify if the date appearing on the title 3#> Derify if the date appearing on the title
Pointers on how to det
Pointers on how to det
ect fake
ect fake
and/or
and/or
spurious title:
spurious title:
2#> See if the date &hen the /CT &as signed by the 2#> See if the date &hen the /CT &as signed by the LC Commissioner corresponds to his term of
LC Commissioner corresponds to his term of oce#
oce#
?#> Try to nd out &hether or not the document that ?#> Try to nd out &hether or not the document that supports the transfer or
supports the transfer or conveyance of the propertyconveyance of the property is authentic or &hether the title is supported &ith a is authentic or &hether the title is supported &ith a $eed#
$eed#
@#> Check the date of revision of the +udicial
@#> Check the date of revision of the +udicial fromfrom used and see &hether the certicate of title &as used and see &hether the certicate of title &as issued after the
Pointers on how to det
Pointers on how to det
ect fake
ect fake
and/or
and/or
spurious title:
spurious title:
;#> Trace if the title purposely transferred from one ;#> Trace if the title purposely transferred from one
egistry to another actually egistry to another actually came from and &as accame from and &as actuallytually issued by the mother registry of origin#
issued by the mother registry of origin#
,<
,<#> To test by &etting &hether or not the red seal on#> To test by &etting &hether or not the red seal on the o&ner5s duplicate and
the o&ner5s duplicate and the red printed &ordsthe red printed &ords
A/H8)5S $9:LIC!T)B blot and stain# ! genuine +udicial A/H8)5S $9:LIC!T)B blot and stain# ! genuine +udicial from does not blot or stain
from does not blot or stain &hen &et =old forms>#&hen &et =old forms>#
,,#> 6e e1tra cautious &hen the area of the land is so ,,#> 6e e1tra cautious &hen the area of the land is so vast that is disproportionate to the population and
vast that is disproportionate to the population and landland
area of the locality &here it is supposed to be situated# area of the locality &here it is supposed to be situated#
Pointers on how to det
Pointers on how to det
ect fake
ect fake
and/or
and/or
spurious title:
spurious title:
,-#> ! tracking4back of the title in the /ce of egistry ,-#> ! tracking4back of the title in the /ce of egistry of $eeds is the best recourse#
of $eeds is the best recourse#
,.#> 6e e1tra careful if it is a reconstituted =indicated ,.#> 6e e1tra careful if it is a reconstituted =indicated &ith a pre1 ATB" or &ith a set of gures enclosed in &ith a pre1 ATB" or &ith a set of gures enclosed in parentheses and a set outside
parentheses and a set outside thereof>thereof>
,7#> 6e e1tra careful if there are blanks not lled4up or ,7#> 6e e1tra careful if there are blanks not lled4up or are &ith the i
are &ith the initials 8#!# meaning 8nitials 8#!# meaning 8/T !/T !DD!IL!6L) !IL!6L) on theon the historical data of the title#
historical data of the title#
,3#> Check if the last t&o or three digits of the TCT ,3#> Check if the last t&o or three digits of the TCT number should be
Pointers on how to det
Pointers on how to det
ect fake
ect fake
and/or
and/or
spurious title:
spurious title:
,2#>
,2#> The year The year &hen the &hen the +udicial for+udicial form &as m &as used orused or revised should be before the date &hen the title revised should be before the date &hen the title &as issued" e1cept in cases of
&as issued" e1cept in cases of reconstituted titles#reconstituted titles#
,?#>
,?#> The The form form sho& sho& obvious obvious &atermarks &atermarks thatthat cannot be duplicated by any means#
cannot be duplicated by any means#
,@#> The TCT also sports a decorative border ,@#> The TCT also sports a decorative border called the Intaglio &hich is a design" gure or called the Intaglio &hich is a design" gure or ornamentation carved" engraved or etched into ornamentation carved" engraved or etched into the surface of the material used#
Pointers on how to det
Pointers on how to det
ect fake
ect fake
and/or
and/or
spurious title:
spurious title:
,;#>,;#> 9pon closer 9pon closer inspection of inspection of the Tthe TCT" bers CT" bers of theof the paper material used in the
paper material used in the forms arforms are observable#e observable# $iKerent color
$iKerent colored circular patterns are also seen on ed circular patterns are also seen on aa legiti
legitimate Tmate TCTCT# # These are These are callecalled d plancheplanchettes and ttes and theythey serve a special purpose#
serve a special purpose#
-<#> For e4titles" a computeri0ed +udicial
-<#> For e4titles" a computeri0ed +udicial form contains aform contains a +udicial form num
+udicial form number" control nber" control number" a barcode" umber" a barcode" as &ellas &ell as a &atermark security
as a &atermark security feature#feature#
8ote' In negotiations" do not rely on a
8ote' In negotiations" do not rely on a photocopy of thephotocopy of the purported certi
purported certicate of cate of title# title# !sk!sked for ed for a certieda certied electronic copy thereof from the egistry of $eeds# electronic copy thereof from the egistry of $eeds#