VI. Land Titles and Deeds (PD 1529, as amended by RA 6732 and 11573)

C. Registry of Property (Civil Code, arts. 708-711)

> REGISTRY OF PROPERTY

Article 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. (605)

Article 709. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. (606)

Article 710. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (607)

Article 711. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. (608a)

VI. LAND TITLES AND DEEDS

A. Regalian Doctrine (1987 CONST., art. XII, sec. 2)

B. Nationality Restrictions on Land Ownership (1987 CONST., art. XII, secs. 7-8)

C. Registry of Property (Civil Code, arts. 708-711)

D. Torrens System; Certificate of Title (P.D. No. 1529, secs. 39 and 44)

E. Original Registration

F. Confirmation of Imperfect Titles (R.A. No. 11573)

G. Subsequent Registration (P.D. No. 1529, secs. 51-53)

H. Non-Registrable Properties (Civil Code, art. 420)

I. Dealings with Unregistered Lands (P.D. No. 1529, sec. 113)

J. Assurance Fund (P.D. No. 1529, secs. 93-102)

K. Reconstitution of Title (P.D. No. 1529, sec. 110)

Deed

A deed is an instrument in writing by which any real estate or interest therein is created, alienated, mortgaged, or assigned, or by which title to any real estate may be affected in law or equity.

Laws governing land registration

• Property Registration Decree (P.D. 1529, as amended)
• Cadastral Act (Act 2259, as amended, now in Secs. 35 to 38, P.D. 1529)
• Public Land Act (C.A. 141, as amended)
• Indigenous Peoples’ Rights Act (R.A. 8371)
• Emancipation Decree (P.D. 27, as amended)
• Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended)

Administration of the Torrens System

• Land Registration Authority (LRA). Agency charged with the efficient execution of the laws relative to the registration of lands, under the executive supervision of the DOJ. (P.D. 1529, § 4)
• Register of Deeds (ROD)The office of the ROD is the public repository of records and instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated. (P.D. 1529, § 10)

Functions of the ROD: (PRIDe)

• Immediately Register an instrument presented for registration dealing with real or personal property which complies with the requisites for registration;
• See to it that said instrument bears the Proper documentary stamps and that the same are properly cancelled;
• If the instrument is not registrable, Deny the registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefore, and advising him of his right to appeal by consulta in accordance with Sec. 117 of P.D. 1529; and
• Prepare and keep an Index system which contains the names of all registered owners and lands registered in their names. (P.D. 1529, § 12)

In cases where the ROD is in doubt

When the ROD is in doubt as to the proper action to take on an instrument or deed presented to him for registration, he should submit the question to the Administrator of the LRA en consulta. (P.D. 1529, § 117)