2. Land Registration and Title Reconstitution - Dec11

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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

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Land registratin a!t"rit#

Land registratin 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 certicate of title deeds the corresponding certicate of title

(3)

Register $ deeds

Register $ deeds

 

  Field ocers of Land egistrationField ocers 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#

(4)

Trrens S#ste%

Trrens S#ste%

 

  System of dening o&nership of landSystem of dening 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 

(5)

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#

(6)

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

(7)

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

(8)

Ste)s in (and registratin

Ste)s in (and registratin

,#

,# 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 veried and certie Three copies of technical description veried and certied by thed by the egional T

egional Technical $irector oechnical $irector or his ar his authori0ed ociauthori0ed ocial representativel representative

&hich conforms &ith

&hich conforms &ith LC circular no# .23LC circular no# .23

 Three copies of certicates coming from surveyo Three copies of certicates coming from surveyor or Geodetic )ngineerr or Geodetic )ngineer or certicate

or certicate of non4avof non4availability from ailability from egional Tegional Technical $irectorechnical $irector

Four copies of latest ta1 declaration or assessment certicate fromFour copies of latest ta1 declaration or assessment certicate from assessor5s oce &here the property is located

(9)

Ste)s in (and registratin

Ste)s in (and registratin

 

   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

(10)

Ste)s in (and registratin

Ste)s in (and registratin

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 LC circularsec -. :$ ,3-; and LC 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 Lo L!!

including the duplicate copy of application" original or certied

including the duplicate copy of application" original or certied

copy of plan in tracing cloth" duplicate original copy of technical

copy of plan in tracing cloth" duplicate original copy of technical

description" surveyor5s certicate" latest

description" surveyor5s certicate" 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"

(11)

Ste)s in (and registratin

Ste)s in (and registratin

?#

?# !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 LS to give $ecree of

give order to the !dministrator of the LS 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 LL! &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 Certicates of Title and this &ill be delivered together &ith /riginal Certicates 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 Certicate of Title or $ecree of egistration &illCerticate 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#

(12)

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 codied the la&s

&hich amended and codied the la&s related torelated to registrati

(13)

 

  a+or Functions of registrationa+or Functions of registration

  :ublicity:ublicity   :riority:riority   SecuritySecurity ethods of egistration ethods of egistration  T  Transcriptionranscription Inscription Inscription

(14)

inds $ Registratin

inds $ Registratin

 

  egistration of Title or /riginalegistration of Title or /riginal egistration

egistration

 %udicial" &hich may eithe %udicial" &hich may either be'r be' 

 DoluntaryDoluntary 

 CompulsoryCompulsory

(15)

Registratin $ Deeds and t"er

Registratin $ 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

(16)

Tit(e Re'nstit!tin

Tit(e Re'nstit!tin

 

  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

(17)

Ad%inistrati/e Re'nstit!tin $

Ad%inistrati/e Re'nstit!tin $

Tit(e

Tit(e

 

  It is the re4establishing of a TransferIt is the re4establishing of a Transfer

Certicate of Title &ithout the necessity of Certicate 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 ofavailed of

6a

6atatangngas Cas Citityy CaCamamarirines nes SuSurr a

alolololos" 6us" 6ulalacacann IlIlagaganan" Isa" Isabebelala Calap

Calapan" an" /rient/riental al indoindororo ue0on ue0on CityCity 6orongon" Samar

(18)

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

(19)

 J!di'ia( Re'nstit!tin

 J!di'ia( Re'nstit!tin

 

   Through court pr Through court proceedingsoceedings  

  8eeds service of a la&yer8eeds service of a la&yer  

  8eed publication in the ocial ga0ette8eed publication in the ocial ga0ette  

  econstituted title is not sub+ect to theeconstituted 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 ale 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

(20)

Re!ire%ent $r Ad%inistrati/e

Re!ire%ent $r Ad%inistrati/e

Re'nstit!tin

Re'nstit!tin

    !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 fulleal 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#

 

(21)

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 certicate of title

! genuine o&ner5s duplicate of transfer certicate 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

Certicate of Title" they should have been typed together"

Certicate 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 certicates of title# !ny

details must be the same on both certicates of title# !ny

variance thereof is a ground of suspicion#

(22)

Pointers

Pointers

 on how to detect fake and/or on how to detect fake and/or

spurious 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 LC Central oce to the particular egistry of the LC Central oce 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

(23)

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 LC Commissioner corresponds to his term of

LC Commissioner corresponds to his term of oce#

oce#

?#> 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 certicate of title &as used and see &hether the certicate of title &as issued after the

(24)

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#

(25)

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 pre1 ATB" or &ith a set of gures enclosed in &ith a pre1 ATB" 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

(26)

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#

(27)

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 certicate of cate of title# title# !sk!sked for ed for a certieda certied electronic copy thereof from the egistry of $eeds# electronic copy thereof from the egistry of $eeds#

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 Thank you

 Thank you

for listening

for listening

and have a nice day

Figure

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References

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