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MALACAANG

Manila
PRESIDENTIAL DECREE No. 1529
AMENDING AND CODIFYING T
RELATIVE TO REGISTRATION OF
AND FOR OTHER PURPO
WHEREAS, there is a need to upd
Registration Act and to codify the
relative to registration of property
facilitate effective implementation
WHEREAS, to strengthen the Torre
deemed necessary to adopt safegua
anomalous titling of real proper
streamline and simplify registration
and the issuance of certificate
WHEREAS, the decrees promulga
the registration of certificates of lan
emancipation patents issued pu
Presidential Decree No. 27 to h
implementation of the land reform p
country form an integral part of t
registration laws;
NOW, THEREFORE, I, FERDINAND
President of the Republic of the P
virtue of the powers vested in m
Constitution, do hereby order and
following:
CHAPTER IGENERAL PROV
Section 1. Title of Decree. This D
known as the PROPERTY R

DECREE.
Section 2. Nature of registration
jurisdiction of courts. Judicial proce
registration of lands throughout t
shall be in rem and shall be b
generally accepted principles u
Torrens system.
Courts of First Instance shall h
jurisdiction over all applications
registration
of
title
to
land
improvements and interests therein
petitions filed after original registrati
power to hear and determine all qu
upon such applications or petitio
through its clerk of court shall fur
Registration Commission with two c
of all pleadings, exhibits, orders,
filed or issued in applications or pe
registration, with the exception o
notes, within five days from the filin
thereof.
Section 3. Status of other pre
registration system. The system
under the Spanish Mortgage La
discontinued and all lands record
system which are not yet covered b
shall be considered as unregistered
Hereafter, all instruments affecting l
registered under the Spanish Mortg
be recorded under Section 113 of th
the land shall have been broug
operation of the Torrens system.
The books of registration for unre
provided under Section 194 of
Administrative Code, as amended
3344, shall continue to remain in fo
that all instruments dealing with unre
shall henceforth be registered unde
of this Decree.

CHAPTER IITHE LAND REGIS

COMMISSION AND ITS REGIS
DEEDS
Section 4. Land Registration C
order to have a more efficient ex
laws relative to the registration of la
the massive and accelerated lan
social justice program of the govern
created a commission to be know
Registration Commission under
supervision of the Department of Jus
Section 5. Officials and emplo
Commission. The Land Registratio
shall have a chief and an assista
known, respectively, as the Commis
Deputy Commissioner of Land Re
shall be appointed by the P
Commissioner shall be duly qualifi
the Philippine Bar with at least
practice in the legal profession, and
same rank, compensation and privi
of a Judge of the Court of First
Deputy Commissioner, who shall
same qualifications as those re
Commissioner, shall receive compe
shall be three thousand pesos pe
than that of the Commissioner. H
Commissioner of Land Registrati
absence or disability of the Com
when there is a vacancy in the
another person shall have been
appointed in accordance with law
Commissioner shall also perform
functions as the Commissioner may
They shall be assisted by such num
chiefs as may be necessary in the
functioning of the Commission,
Assistant to the Commissioner, an
Geodetic Engineer who shall

compensation at the rate of three

hundred pesos per annum less th
Deputy Commissioner.
All other officials and employees
Registration Commission including
Registries of Deeds whose salaries
provided, shall receive salaries co
the minimum of their respective up
as provided under paragraph 3
Circular No. 273, plus sixty per c
across the board, notwithstanding
salary allowed for their respectiv
eligibilities.
The salaries of officials and employe
this Decree shall be without prej
benefits and adjustments as may fro
be granted by the President or by th
government employees.
All officials and employees of th
except Registers of Deeds shall be
the Secretary of Justice upon recom
the Commissioner of Land Registrat
Section 6. General Functions.
(1) The Commissioner of Land Re
have the following functions:
(a) Issue decrees of registration pu
judgments of the courts in lan
proceedings and cause the issu
Registers of Deeds of the
certificates of title;
(b) Exercise supervision and co
Registers of Deeds and other pe
Commission;
(c) Resolve cases elevated en con
appeal from decision of, Registers o
(d) Exercise executive supervision
of court and personnel of the C
Instance throughout the Philippines
the discharge of their duties and

relation to the registration of lands;

(e) Implement all orders, decisions
promulgated relative to the registr
and issue, subject to the approval o
of Justice, all needful rules an
therefor;
(f) Verify and approve subdivision,
and consolidation-subdivision sur
properties titled under Act No. 496
covered by P.D. No. 957.
(2) The Land Registration Commiss
the following functions:
(a) Extend speedy and effective as
Department of Agrarian Reform, th
and other agencies in the impleme
land reform program of the governm
(b) Extend assistance to courts in
cadastral land registration proceedin
(c) Be the central repository of reco
original registration of lands title
Torrens system, including sub
consolidation plans of titled lands.
Section 7. Office of the Register of
shall be at least one Register of D
province and one for each city. Ever
a yearly average collection of m
thousand pesos during the last thr
have one Deputy Register of Dee
Registry with a yearly average coll
than three hundred thousand pesos
three years, shall have one Depu
Deeds and one second Deputy Reg
The Secretary of Justice shall def
station and territorial jurisdiction of
upon the recommendation of the Co
Land Registration, with the end in v
every registry easily accessible to
the neighboring municipalities.
The province or city shall furnish a

or building for the office of the Reg

until such time as the same could b
of national funds.
Section 8. Appointment of Registers
their Deputies and other subordin
salaries. Registers of Deeds shall b
the
President
of
the
Phili
recommendation of the Secretar
Deputy Registers of Deeds a
subordinate personnel of the Regis
shall be appointed by the Secret
upon the recommendation of the Co
Land Registration.
The salaries of Registers of De
Deputies shall be at the following rat
(1) First Class Registries The salarie
of Deeds in first class Registries
thousand four hundred pesos per an
that of the Deputy Commissioner.
(2) Second Class Registries Th
Registers of Deeds in second cl
shall be three thousand four hund
annum less than those of Register
first class Registries.
(3) Third Class Registries The
Registers of Deeds in third class R
be three thousand four hundred pes
less than those of Registers of De
class Registries.
(4) The salaries of Deputy Registers
Second Deputy Registers of Deeds
thousand four hundred pesos per an
those of their corresponding Regis
and Deputy Registers of Deeds, res
The Secretary of Justice, upon reco
the Commissioner of Land Reg
cause the reclassification of Re
either on work load or the class o
whichever will result in a higher cla

purposes of salary adjustments in a

the rates hereinabove provided.
Section 9. Qualifications of Regis
and Deputy Registers of Deeds. N
be appointed Register of Deeds u
been admitted to the practice o
Philippines and shall have been ac
in such practice for at least three
been employed for a like period in
government the functions of whic
registration of property.
The Deputy Register of Deeds shal
of the Philippine Bar. Provided, ho
Register of Deeds or Deputy Reg
holding office as such upon the p
Decree shall by reason hereof, be
office or be demoted to a lower cat
of salary except for cause and up
with due process as provided for by
Section 10. General functions of
Deeds. The office of the Regis
constitutes a public repository o
instruments affecting registered o
lands and chattel mortgages in the p
wherein such office is situated.
It shall be the duty of the Registe
immediately register an instrument
registration dealing with real or per
which complies with all the
registration. He shall see to it that s
bears the proper documentary
stamps and that the same are prop
If the instrument is not registera
forthwith deny registration thereof a
presentor of such denial in writin
ground or reason therefor, and advi
right to appeal by consulta in ac
Section 117 of this Decree.
Section 11. Discharge of duties

Deeds in case of vacancy, etc.

(1) Until a regular Register of Dee
been appointed for a province or cit
vacancy in the office, or upon the o
absence, illness, suspension, or i
Register of Deeds to discharge h
duties shall be performed by the foll
in the order in which they are me
unless the Secretary of Justice desi
official to act temporarily in his place
(a) For the province or city whe
Deputy Register of Deeds, by
Register of Deeds, or by the s
Register of Deeds, should there be o
(b) For the province or city wher
Deputy or second Deputy Register
the Provincial or City Fiscal, or
Fiscal designated by the Provincial o
(2) In case of absence, disability or
the Register of Deeds without pay
vacancy in the position, the Secre
may, in his discretion, authorize the
additional compensation to the off
Register of Deeds, such additional
together with his actual salary not
salary authorized for the position thu
(3) In case of a newly-created provi
pending establishment of a Registry
the appointment of a regular Registe
the new province or city, the Regist
the mother province or city shall be
Register of Deeds for said new prov
Section 12. Owner's Index; reports.
prepared in every Registry an index
shall contain the names of all reg
alphabetically arranged. For this pur
card which shall be prepared in the
registered owner which shall conta
lands registered in his name.

The Register of Deeds shall subm

Registration Commission within ten
month to which they pertain his mon
collections and accomplishments.
submit to the Commission at the en
of each year, an annual inventory o
instruments in his Registry.
Section 13. Chief Geodetic Engine
be a Chief Geodetic Engineer
Registration Commission who
technical adviser of the Commission
involving surveys and shall be resp
for all plats, plans and works requirin
of a geodetic engineer in said o
perform such other functions as ma
time, be assigned to him by the Com
CHAPTER IIIORIGINAL REGIS
I
ORDINARY REGISTRATION PROC
A. APPLICATIONS
Section 14. Who may apply.
persons may file in the proper
Instance an application for registra
land, whether personally or throu
authorized representatives:
(1) Those who by themselves or
predecessors-in-interest have be
continuous, exclusive and notorio
and occupation of alienable and dis
of the public domain under a bona
ownership since June 12, 1945, or e
(2) Those who have acquired owne
lands by prescription under the
existing laws.
(3) Those who have acquired owne
lands or abandoned river beds
accession or accretion under the exi
(4) Those who have acquired owne
any other manner provided for by la

Where the land is owned in comm

owners shall file the application joint
Where the land has been sold u
retro, the vendor a retro may file an
the original registration of the la
however, that should the period f
expire during the pendency of th
proceedings and ownership to
consolidated in the vendee a retro,
be substituted for the applicant and
the proceedings.
A trustee on behalf of his principal
original registration of any land he
him, unless prohibited by the instru
the trust.
Section 15. Form and contents. T
for land registration shall be in writ
the application or the person duly au
behalf, and sworn to before any off
to administer oaths for the province
the application was actually signe
more than one applicant, the appli
signed and sworn to by and in beha
application shall contain a descripti
and shall state the citizenship and
the applicant, whether single or m
married, the name of the wife or hu
the marriage has been legally dissol
how the marriage relation terminate
state the full names and add
occupants of the land and those o
owners, if known, and, if not known
the extent of the search made to find
The application, shall, in form, be s
follows:

Republic of the Philippines

Court of First Instance of _________

The undersigned,
_____________________________
____________________hereby app
to have the land hereinafter describe
under the operation of the Property R
Decree, and to have the title thereto
and confirmed:
AND DECLARE . . . . .
1. That the applicants/s is/are the ow
land (by virtue of inheritance or deed
conveyance and/or possession in ac
Section 14 of said Decree), together
building and improvements thereon,
exception of the
following:_____________________
_____________________________
is/are the property of
_________________________ resid
_________________________ The
consisting of __________________
is/are situated, bounded and describ
on the plan and technical description
hereto and made a part hereof, with
exception:_____________________
_____________________________
2. That said land at the last assessm
taxation was assessed at P ____, P
currency, and the buildings and othe
improvements at P ___________, P
currency.
3. That to the best of my/our knowle
there is no mortgage or encumbranc
whatsoever affecting said land, nor a
person having any interest therein, l
equitable, or in possession, other tha
_____________________________
_____________________________
4. That the applicant/s has/have acq

land in the following manner:

_____________________________
(Note: Refer to Sec. 14 of said Decr
whether the property is conjugal, pa
exclusive property of the applicant/s
5. That said land is occupied by the
person: ______________________
_____________________________
______
6. That the names in full and addres
known to the undersigned, of the ow
adjoining properties, of the persons
paragraphs 3 and 5, and of the pers
the plan as claimants, are as follows
_____________________________
_____________________________
________
7. That the applicant/s is/are single o
____________________ (Note: if m
been legally dissolved, state when a
marriage relation
terminated.)___________________
_____________________________
_____________________
8. That the applicant's/s' full name, a
citizenship, residence, and postal ad
is/are as follows:
_____________________________
___________________________
9. That (Note: If the land included in
application is bounded by a public o
or road, there should be stated in thi
whether or not the applicant claims a
land within the limits of the way or ro
whether the applicant desires to hav
the way or road determined.)
_____________________________
___________________________
10. That the following documents ar

hereto and made a part hereof:

_____________________________
_____________________________
Signed at ___________________ th
_____________________ day of
____________________, in the yea
hundred and __________________
__________________________
Applicant
_________________________
(Post Office Address)

REPUBLIC OF THE PHILIPPINES

PROVINCE (OR CITY) OF _______

On this _______________ day of

_________________________,19 _
personally appeared before me the a
_____________________________
__________ known to me to be the
executed the foregoing application a
that the statements therein are true
knowledge, information and belief.
The Residence Certificate/s
______________________ of the a
______________ was/were exhibite
No. _________________ issued at
___________________ dated ____
__________.
________________________
(Notary Public, or other Officer
authorized to administer oaths)

PTR NO. _________________

Section 16. Non-resident appl

applicant is not a resident of the
shall file with his application an ins
form appointing an agent or
residing in the Philippines, giving his
postal address, and shall therein
service of any legal process in th
under or growing out of the applicat
his agent or representative shall b
legal effect as if made upon the a
the Philippines. If the agent or repre
or leaves the Philippines, the a
forthwith make another appointm
substitute, and, if he fails to do so
dismiss the application.
Section 17. What and where
application for land registration sha
the Court of First Instance of the p
where the land is situated. The app
together with the application all origi
of titles or copies thereof and a surv
land approved by the Bureau of Lan
The clerk of court shall not accept a
unless it is shown that the applican
the Director of Lands with a copy of
and all annexes.
Section 18. Application covering
parcels. An application may includ
parcels of land belonging to th
provided they are situated with
province or city. The court may at
an application to be amended by s
or more of the parcels or by a sev
application.
Section 19. Amendments. Amend
application including joinder, su

discontinuance as to parties may

the court at any stage of the proceed
and reasonable terms.
Amendments which shall consist in
change in the boundaries or an incr
the land applied for or which involv
of an additional land shall be subje
requirements of publication and n
original application.
Section 20. When land applied f
road. If the application describes
bounded by a public or private way
state whether or not the applicant c
what portion of the land within the lim
or road, and whether the applicant d
the line of the way or road determine
Section 21. Requirement of additi
papers; ocular inspection. The cou
facts to be stated in the application
those prescribed by this Decree n
therewith and may require the
additional paper. It may also cond
inspection, if necessary.
Section 22. Dealings with land pe
registration. After the filing of the a
before the issuance of the decree
the land therein described may still
of dealings in whole or in part, in w
interested party shall present to
pertinent instruments together with
plan approved by the Director of La
transfer of portions thereof and th
notice to the parties, shall ord
registered subject to the co
encumbrance created by said in
order that the decree of registratio
the name of the person to whom th
been conveyed by said instruments.
B. PUBLICATION, OPPOSITION AN

Section 23. Notice of initial hearin

etc. The court shall, within five day
the application, issue an order settin
hour of the initial hearing which sha
than forty-five days nor later than ni
the date of the order.
The public shall be given notice
hearing of the application for land
means of (1) publication; (2) ma
posting.
1. By publication.
Upon receipt of the order of the co
time for initial hearing, the Commis
Registration shall cause notice of in
be published once in the Official Ga
in a newspaper of general circ
Philippines:
Provided,
howeve
publication in the Official Gaze
sufficient to confer jurisdiction upon
notice shall be addressed to all pers
to have an interest in the land invo
the adjoining owners so far as kno
whom it may concern". Said not
require all persons concerned to app
a certain date and time to show c
prayer of said application shall not b
2. By mailing.
(a) Mailing of notice to persons
application.
The
Commissione
Registration shall also, within sev
publication of said notice in the Offic
hereinbefore provided, cause a cop
of initial hearing to be mailed to
named in the notice whose address
(b) Mailing of notice to the Secre
Highways, the Provincial Governor a
If the applicant requests to have
public way or road determined, the
of Land Registration shall cause a

notice of initial hearing to be m

Secretary of Public Highways, to
Governor, and to the Mayor of the
city, as the case may be, in which th
(c) Mailing of notice to the Secreta
Reform, the Solicitor General, th
Lands, the Director of Public Works,
Forest Development, the Director of
Director of Fisheries and Aquatic Re
land borders on a river, navigable st
or on an arm of the sea where a
line has been established, or on
otherwise appears from the appl
proceedings that a tenant-farmer o
government may have a claim adv
the applicant, notice of the initial he
given in the same manner to the
Agrarian Reform, the Solicitor
Director of Lands, the Director of Mi
Director of Fisheries and Aquatic
may be appropriate.
3. By posting.
The Commissioner of Land Registra
cause a duly attested copy of the
hearing to be posted by the sheriff
or city, as the case may be, or by h
conspicuous place on each parcel o
in the application and also in a con
on the bulletin board of the munici
the municipality or city in which the
thereof is situated, fourteen days a
the date of initial hearing.
The court may also cause notice to
such other persons and in such ma
deem proper.
The notice of initial hearing shal
substantially as follows:

(Caption and Title)

NOTICE OF INITIAL HEARING

To (here insert the names of all pers

to have an interest and the adjoining
as known, and to all whom it may co
An application (or petition) having b
above-entitled case by (full name
praying for the registration and conf
the settlement and adjudication, in c
in cadastral proceedings) of title to
described lands:

(Insert description)
You are hereby served this notice to
this Court at its session to
_________________ on the ______
of
_______________,
19
_____________ o'clock in the __
and there to present such claims as
to said lands or any portion thereof,
evidence in support of such claim; a
appear at said Court at the tim
aforesaid, your default will be rec
title to the lands will be ad
determined in accordance with
evidence before the Court, and the
forever be barred from contesting s
(or petition) or any decree entered th
Witness, the Hon. ____________
Judge of the Court of First Instanc
this _______ day of ___________
year 19______.
Attest:
Commissioner of Land Registration

Section 24. Proof of publication a

certification of the Commission

Registration and of the sheriff con
effect that the notice of initial hearin
by law, has been complied with shal
case before the date of initial hearin
conclusive proof of such fact.
Section 25. Opposition to applicat
proceedings. Any person claimin
whether named in the notice or no
and file an opposition on or befo
initial hearing, or within such furthe
be allowed by the court. The oppos
all the objections to the application
forth the interest claimed by the p
same and apply for the remedy des
be signed and sworn to by him or
duly authorized person.
If the opposition or the adverse
person covers only a portion of th
portion is not properly delimited
attached to the application, or in cas
co-ownership, conflicting claims of
possession, or overlapping of bo
court may require the parties
subdivision plan duly approved by
Lands.
Section 26. Order of default; effec
appears and answers within the tim
court shall, upon motion of the
reason to the contrary appearing, o
to be recorded and require the appli
evidence. By the description in the
Whom It May Concern", all the w
parties defendant and shall be con
default order.
Where an appearance has been e
answer filed, a default order sha
against persons who did not appear
C. HEARING JUDGMENT AND

REGISTRATION
Section 27. Speedy hearing; re
referee. The trial court shall see
registration-proceedings are dispo
ninety days from the date the case i
decision,
The Court, if it deems necessary,
case or any part thereof to a refe
hear the parties and their evide
referee shall submit his report there
within fifteen days after the termin
hearing. Hearing before a referee m
any convenient place within the prov
may be fixed by him and after rea
thereof shall have been served
concerned. The court may rende
accordance with the report as tho
have been found by the judge him
however, that the court may in its dis
the report, or set it aside in whole
order the case to be recommitt
proceedings:
Section 28. Partial judgment. In
only a portion of the land subject o
contested, the court may render pa
provided that a subdivision plan
contested and uncontested portion
the Director of Lands is previously
said court.
Section 29. Judgment confirm
conflicting claims of ownership and
land subject of the application shall
by the court. If the court, after c
evidence and the reports of the Co
Land Registration and the Director
that the applicant or the oppositor
title proper for registration, judgm
rendered confirming the title of the
the oppositor, to the land or portions

Section 30. When judgment becom

to cause issuance of decree.
rendered in a land registration
becomes final upon the expiration o
be counted from the data of receipt
judgment. An appeal may be ta
judgment of the court as in ordinary
After judgment has become final an
shall devolve upon the court to fort
order in accordance with Section 39
to the Commissioner for the iss
decree of registration and the
certificate of title in favor of the pe
entitled to registration.
Section 31. Decree of registration.
of registration issued by the Comm
bear the date, hour and minute of
shall be signed by him. It shall sta
owner is married or unmarried, and
name of the husband or wife: Prov
that if the land adjudicated by the co
property, the decree shall be issued
both spouses. If the owner is und
shall state the nature of disability,
his age. It shall contain a description
finally determined by the court, and
the estate of the owner, and also, in
as to show their relative priorities
estates,
mortgages,
easem
attachments, and other encumbran
rights of tenant-farmers, if any, to wh
owner's estate is subject, as well
matters properly to be determined in
this Decree.
The decree of registration shall bin
quiet title thereto, subject only to su
or liens as may be provided by la
conclusive upon and against all per
the National Government and all bra

whether mentioned by name in the

notice, the same being included
description "To all whom it may conc
Section 32. Review of decree o
Innocent purchaser for value. T
registration shall not be reopened
reason of absence, minority, or oth
any person adversely affected there
proceeding in any court for revers
subject, however, to the right o
including the government and
thereof, deprived of land or of
interest therein by such ad
confirmation of title obtained by actu
in the proper Court of First Instanc
reopening and review of the decree
not later than one year from and af
the entry of such decree of registra
case shall such petition be enter
court where an innocent purchaser
acquired the land or an interest t
rights may be prejudiced. Whenev
"innocent purchaser for value" or
phrase occurs in this Decree, it shal
include an innocent lessee, mortg
encumbrancer for value.
Upon the expiration of said period o
decree of registration and the cer
issued shall become incontrovertib
aggrieved by such decree of regis
case may pursue his remedy
damages against the applicant
persons responsible for the fraud.
Section 33. Appeal from judgm
judgment and orders of the court he
registration case are appealable to
Appeals or to the Supreme Cour
manner as in ordinary actions:
Section 34. Rules of procedure.

Court shall, insofar as not incons

provision of this Decree, be appl
registration and cadastral cases by
suppletory character and whenev
and convenient.
IICADASTRAL REGISTRATION PR
A. ORDER FOR SPEEDY SETTL
ADJUDICATION; SURVEY; NOTIC
Section 35. Cadastral Survey prepa
of petition.
(a) When in the opinion of the Pr
Philippines public interest so requir
any unregistered lands be settled an
he may to this end direct and order
Lands to cause to be made a cada
the lands involved and the plans
description thereof prepared in due f
(b) Thereupon, the Director of La
notice to persons claiming any intere
as well as to the general public,
which such survey will begin, givin
accurately as possible the descriptio
to be surveyed. Such notice shal
once in the Official Gazette, and
notice in English or the national lan
posted in a conspicuous place o
board of the municipal building of th
in which the lands or any port
situated. A copy of the notice shall
the mayor of such municipality as
barangay captain and likewise to the
Panlalawigan and the Sanggu
concerned.
(c) The Geodetic Engineers or othe
the Bureau of Lands in charge of th
give notice reasonably in advance
which the survey of any portion of s
begin, which notice shall be posted
board of the municipal building of th

or barrio in which the lands are situ

mark the boundaries of the lands b
set up in proper places thereon. It
for such Geodetic Engineers and ot
to enter upon the lands whenever
the purposes of such survey or
monuments.
(d) It shall be the duty of every pers
interest in the lands to be survey
parcel thereof, to communicate with
Engineer upon his request therefor
possessed by such person co
boundary lines of any lands to which
or in which he claims any interest.
(e) Any person who shall willfully
making of any survey undertaken by
Lands or by a licensed Geodetic
authorized to conduct the surve
Section, or shall maliciously inte
placing of any monument or
monument, or shall destroy or rem
of survey posted on the land pursua
be punished by a fine of not m
thousand pesos or by imprisonmen
than one year, or both.
B. PETITION; LOT NUMBERS
Section 36. Petition for registrati
lands have been surveyed or plotte
of Lands, represented by the Sol
shall institute original registration p
filing the necessary petition in the
Instance of the place where the la
against the holders, claimants, p
occupants of such lands or any
stating in substance that public in
that the title to such lands be
adjudicated and praying that suc
settled and adjudicated:
The petition shall contain a descripti

and shall be accompanied by a pla

may contain such other data as
furnish full notice to the occupant
and to all persons who may claim
interest therein.
Where the land consists of two or
held or occupied by different pers
shall indicate the boundaries or
various parcels as accurately as
parcels shall be known as "lots" an
plan filed in the case be given sep
by the Director of Lands, which num
known as "cadastral lot numbe
situated within each municipality s
practicable, be numbered consecut
with number "one", and only o
numbers shall be used for that pu
municipality. However in cities or
designation of the landholdings by
numbers may be employed in
designation by cadastral lot numbers
The cadastral number of a lot
changed after final decision has
decreasing the registration there
order of court. Future subdivisions
be designated by a letter or letters o
added to the cadastral number of t
the respective subdivisions pertain.
which a subdivision is designated s
as its "cadastral letter": Provided,
the subdivisions of cities or town
designated by blocks and lot numbe
C. ANSWER
Section 37. Answer to petition
proceedings.
Any
claimant
proceedings, whether named in the
shall appear before the court by
some other authorized person in h
shall file an answer on or before th

hearing or within such further tim

allowed by the court. The answer s
and sworn to by the claimant or b
authorized person in his behalf, a
whether the claimant is married or u
if married, the name of the spouse a
marriage, his nationality, residenc
address, and shall also contain:
(a) The age of the claimant;
(b) The cadastral number of the lot o
as appearing on the plan filed in th
Director of Lands, or the block and l
the case may be;
(c) The name of the barrio and
which the lots are situated;
(d) The names and addresses of the
adjoining lots so far as known to the
(e) If the claimant is in possessi
claimed and can show no expres
land by the government to hi
predecessors-in-interest, the answ
the length of time he has held su
and the manner in which it has been
shall also state the length of time, as
during which the predecessors,
possession;
(f) If the claimant is not in p
occupation of the land, the answer
forth the interest claimed by him an
manner of his acquisition;
(g) if the lots have been assesse
their last assessed value; and
(h) The encumbrances, if any, aff
and the names of adverse claima
known.
D. HEARING; JUDGMENT; DECRE
Section 38. Hearing, Judgment, De
of the case may occur at any co
within the province in which the lan

and shall be conducted, and orders

confessions entered, in the same
ordinary land registration proceeding
governed by the same rules.
interests shall be adjudicated by
decrees awarded in favor of the pers
the lands or to parts thereof and
shall be the basis for issuanc
certificates of title in favor of said
shall have the same effect as cert
granted on application for regist
under ordinary land registration proc
CHAPTER IVCERTIFICATE O
Section 39. Preparation of decree
of Title. After the judgment
registration of title to land has bec
court shall, within fifteen days
judgment, issue an order
Commissioner to issue the corresp
of registration and certificate of title
court shall send, within fifteen days
judgment, certified copies of the ju
the order of the court directing the
to issue the corresponding decree
and certificate of title, and a certific
the decision has not been amended
nor appealed, and has become fin
the Commissioner shall cause to be
decree of registration as well as th
duplicate of the corresponding orig
of title. The original certificate of title
copy of the decree of registration.
registration shall be signed by the
entered and filed in the Land
Commission. The original of the orig
of title shall also be signed by the
and shall be sent, together with
duplicate certificate, to the Registe
the city or province where the prop

for entry in his registration book.

Section 40. Entry of Original Cert
Upon receipt by the Register of
original and duplicate copies o
certificate of title the same shall be
record book and shall be numbered
and sealed by the Register of Deed
of his office. Said certificate of title s
upon the date of entry thereof. Th
Deeds shall forthwith send notice
registered owner that his owner'
ready for delivery to him upon pa
fees.
Section 41. Owner's duplicate cer
The owner's duplicate certificate o
delivered to the registered owner
authorized representative. If two or
are registered owners, one own
certificate may be issued for the w
the co-owners so desire, a separate
be issued to each of them in like
outstanding certificates of title so i
surrendered whenever the Register
register any subsequent volunta
affecting the whole land or part t
interest therein. The Register of De
on each certificate of title a stateme
a copy thereof was issued.
Section 42. Registration Books. Th
of the original certificate of title shal
Registry of Deeds. The same sha
consecutive order together with sim
of title and shall constitute the regist
titled properties.
Section 43. Transfer Certificate
subsequent certificate of title that m
by the Register of Deeds pur
voluntary or involuntary instrument
same land shall be in like form, en

Certificate of Title", and likewi

duplicate. The certificate shall show
the next previous certificate cove
land and also the fact that it
registered, giving the record numbe
of the original certificate of title, a
and page of the registration book
latter is found.
Section 44. Statutory liens affecti
registered owner receiving a certif
pursuance of a decree of registrat
subsequent purchaser of registered
certificate of title for value and in g
hold the same free from all encumb
those noted in said certificate an
following encumbrances which may
namely:
First. Liens, claims or rights arisi
under the laws and Constitution of
which are not by law required to ap
in the Registry of Deeds in orde
against subsequent purchasers or e
of record.
Second. Unpaid real estate taxe
assessed within two years immedia
the acquisition of any right over th
innocent purchaser for value, witho
the right of the government to
payable before that period from
taxpayer alone.
Third. Any public highway or
established or recognized by
government irrigation canal or latera
certificate of title does not st
boundaries of such highway or irrig
lateral thereof have been determined
Fourth. Any disposition of the prope
on the use thereof by virtue of, o
Presidential Decree No. 27 or any

regulations on agrarian reform.

Section 45. Statement of personal
in the certificate. Every certificate o
forth the full names of all persons w
make up the full ownership in th
including their civil status, and the
respective spouses, if married, as
citizenship, residence and postal a
property covered belongs to
partnership, it shall be issued in the
spouses.
Section 46. General incidents of r
Registered land shall be subject to
and incidents as may arise by op
Nothing contained in this decree sh
be construed to relieve registere
owners thereof from any rights in
relation of husband and wife, landlo
or from liability to attachment or levy
or from liability to any lien of a
established by law on the land and
thereon, or on the interest of the
land or buildings, or to change
descent, or the rights of partition
owners, or the right to take the sam
domain, or to relieve such land from
recovered by an assignee in insolve
in bankcruptcy under the law
preferences, or to change or affe
other rights or liabilities created
applicable to unregistered land
otherwise provided in this Decree.
Section 47. Registered land n
prescriptions. No title to regist
derogation of the title of the register
be acquired by prescription
possession.
Section 48. Certificate not subjec
attack. A certificate of title shall no

collateral attack. It cannot be altere

canceled except in a direct p
accordance with law.
Section 49. Splitting, or consolidat
registered owner of several distinct
embraced in and covered by a ce
desiring in lieu thereof separate ce
containing one or more parcels, ma
request for that purpose with th
Deeds concerned, and the latt
surrender of the owner's duplicate,
together with its original and issue
separate certificates as desired.
owner of several distinct parcels o
by separate certificates of title desi
lieu thereof a single certificate for t
or several certificates for the dif
thereof, may also file a written re
Register of Deeds concerned, and t
the surrender of the owner's du
cancel them together with their origi
in lieu thereof one or separate
desired.
Section 50. Subdivision and conso
Any owner subdividing a tract of r
into lots which do not constitute
project has defined and provided
No. 957, shall file with the Commis
Registration or with the Bureau
subdivision plan of such land
boundaries, streets, passageways a
if any, shall be distinctly and accurat
If a subdivision plan, be it simple or
approved by the Commission
Registration or the Bureau of Lands
the approved technical descripti
corresponding owner's duplicate ce
is presented for registration, the Reg
shall, without requiring further cou

said plan, register the same in ac

the provisions of the Land Regis
amended: Provided, however, that
Deeds shall annotate on the new ce
covering the street, passageway or
memorandum to the effect that exc
donation in favor of the nationa
province, city or municipality, no
street, passageway, waterway or o
delineated on the plan shall be close
disposed of by the registered own
approval of the Court of First In
province or city in which the land is s
A registered owner desiring to cons
lots into one or more, requiring
descriptions, shall file with the Lan
Commission, a consolidation plan
be shown the lots to be affected,
before, and as they will appe
consolidation. Upon the surrender
duplicate certificates and the
consolidation plan duty appro
Commission, the Register of Dee
shall cancel the corresponding cer
and issue a new one for the consolid
The Commission may not order
change, modification, or amend
contents of any certificate of title, or
or plan, including the technical desc
covering any real property registe
Torrens system, nor order the canc
said certificate of title and the issu
one which would result in the enlar
area covered by the certificate of title
CHAPTER VSUBSEQUENT REG
I
VOLUNTARY DEALINGS WITH RE
LANDS
GENERAL PROVISION

Section 51. Conveyance and othe

registered owner. An owner of regis
convey, mortgage, lease, charge or
with the same in accordance with
He may use such forms of deed
leases or other voluntary instrum
sufficient in law. But no deed, mortg
other voluntary instrument, except a
to convey or affect registered land s
as a conveyance or bind the la
operate only as a contract between
as evidence of authority to the Reg
to make registration.
The act of registration shall be the o
convey or affect the land insofar as
are concerned, and in all cases und
the registration shall be made in th
Register of Deeds for the province
the land lies.
Section 52. Constructive notice up
Every conveyance, mortgage,
attachment, order, judgment, instru
affecting registered land shall, if reg
entered in the office of the Registe
the province or city where the la
relates lies, be constructive notice
from the time of such registering, filin
Section 53. Presentation of own
upon entry of new certificate.
instrument shall be registered by t
Deeds, unless the owner's duplicat
presented with such instrument, ex
expressly provided for in this Decree
of the court, for cause shown.
The production of the owner's duplic
whenever any voluntary instrumen
for registration, shall be conclusive
the registered owner to the Registe
enter a new certificate or to make a

of registration in accordance with su

and the new certificate or memora
binding upon the registered owner
persons claiming under him, in f
purchaser for value and in good faith
In all cases of registration procured
owner may pursue all his legal
remedies against the parties to suc
prejudice, however, to the rights o
holder for value of a certificate of
entry of the decree of registration
petition or application, any subsequ
procured by the presentation of a fo
certificate of title, or a forged d
instrument, shall be null and void.
Section 54. Dealings less than ow
registered. No new certificate shall
issued pursuant to any instrument w
divest the ownership or title from
from the transferee of the register
interests in registered land less th
shall be registered by filing with t
Deeds the instrument which creates
claims such interests and by a brief
thereof made by the Register of D
certificate of title, and signed by
memorandum shall also be made o
duplicate. The cancellation or exti
such interests shall be registered
manner.
Section 55. Grantee's name, natio
be stated. Every deed or ot
instrument presented for registratio
or have endorsed upon it the full na
residence and postal address of t
other person acquiring or claimin
under such instrument, and every d
state whether the grantee is married
and if married, the name in full of t

wife. If the grantee is a corporation

the instrument must contain a recita
such corporation or association is le
to acquire private lands. Any c
residence or postal address of suc
be endorsed by the Register of
original copy of the corresponding
title, upon receiving a sworn state
change. All names and addresses
entered on all certificates.
Notices and processed issued
registered land in pursuance of thi
be served upon any person in inter
the same to the addresses given,
binding, whether such person res
without the Philippines, but the co
discretion, require further or other
given in any case, if in its opinion
justice so requires.
Section 56. Primary Entry Book;
copies. Each Register of Deeds
primary entry book in which, upon p
entry fee, he shall enter, in the
reception, all instruments including
and processes filed with him relatin
land. He shall, as a preliminar
registration, note in such book the
minute of reception of all instrumen
in which they were received. T
regarded as registered from the t
and the memorandum of each ins
made on the certificate of title to w
shall bear the same date: Prov
national government as well as the
city governments shall be exem
payment of such fees in advance
entitled to entry and registration.
Every deed or other instrument, wh
or involuntary, so filed with the Reg

shall be numbered and indexed and

a reference to the proper certifica
records and papers relative to reg
the office of the Register of Deeds s
the public in the same manner as
subject to such reasonable regu
Register of Deeds, under the di
Commissioner of Land Regis
prescribe.
All deeds and voluntary instrum
presented with their respective copie
attested and sealed by the Regis
endorsed with the file number, and
delivered to the person presenting th
Certified copies of all instrume
registered may also be obtained fro
of Deeds upon payment of the presc
(A) CONVEYANCES AND TRANSF
Section 57. Procedure in re
conveyances. An owner desiring
registered land in fee simple shal
register a deed of conveyance in a
in law. The Register of Deeds s
make out in the registration book a
of title to the grantee and shall prep
to him an owner's duplicate c
Register of Deeds shall note upon t
duplicate certificate the date of
volume and page of the registration
the new certificate is registered and
number to the last preceding c
original and the owner's duplicate o
certificate shall be stamped "cance
of conveyance shall be filled and ind
number and the place of regis
certificate of title of the land conveye
Section 58. Procedure where
involves portion of land. If a deed or
for a part only of the land described

of title, the Register of Deeds shall

transfer certificate to the grantee
such land showing all the portion
which it has been subdivide
corresponding technical descriptio
been verified and approved pursuan
of this Decree. Meanwhile, such dee
annotated by way of memorand
grantor's certificate of title, original
said memorandum to serve as a
persons of the fact that certain
portion of the land described the
conveyed, and every certificat
memorandum shall be effectual for
showing the grantee's title to the po
to him, pending the actual iss
corresponding certificate in his name
Upon the approval of the plan
descriptions, the original of the plan
a certified copy of the technical de
be filed with the Register of Deeds
in the corresponding certificate
thereupon said officer shall issue a
of title to the grantee for the portion
at the same time cancel the gran
partially with respect only to
conveyed, or, if the grantor so
certificate may be canceled totally a
issued to him describing therein
portion: Provided, however, that pe
of said plan, no further registration o
any subsequent deed or oth
instrument involving the unsegre
conveyed shall be effected by th
Deeds, except where such unsegr
was purchased from the Governme
instrumentalities. If the land has be
into several lots, designated by num
the Register of Deeds may, if d

grantor, instead of canceling the lat

and issuing a new one to the
remaining unconveyed lots, en
certificate and on its owner's
memorandum of such deed of conv
the issuance of the transfer cer
grantee for the lot or lots thus conv
the grantor's certificate is canceled
or lots.
Section 59. Carry over of encumbra
time of any transfer, subsisting enc
annotations appear in the registrat
shall be carried over and stated
certificate or certificates; except so f
be simultaneously released or disch
(B) MORTGAGES AND LEASES
Section 60. Mortgage or lease of r
Mortgage and leases shall be reg
manner provided in Section 54 of th
owner of registered land may mortg
by executing the deed in a form su
Such deed of mortgage or le
instruments which assign, extend,
otherwise deal with the mortgage or
registered, and shall take effect upo
from time of registration.
No mortgagee's or lessee's duplica
title shall hereafter be issued by th
Deeds, and those issued prior to th
this Decree are hereby deemed can
holders thereof shall immediately
same to the Register of Deeds conc
Section 61. Registration. Upon p
registration of the deed of mortg
together with the owner's duplicate,
Deeds shall enter upon the o
certificate of title and also upon
duplicate certificate a memorandu
date and time of filing and the

assigned to the deed, and shall

memorandum. He shall also note o
date and time of filing and a ref
volume and page of the registration
it is registered.
Section 62. Discharge or cancellatio
or lease on registered land may b
canceled by means of an instrumen
the mortgage or lessee in a form s
which shall be filed with the Regi
who shall make the appropriate
upon the certificate of title.
Section 63. Foreclosure of Mortg
mortgage was foreclosed judicially, a
of the final order of the court confi
shall be registered with the Registe
no right of redemption exists, the ce
of the mortgagor shall be cancele
certificate issued in the name of the
Where the right of redemption
certificate of title of the mortgago
canceled, but the certificate of sale
confirming the sale shall be registe
memorandum thereof made by th
Deeds upon the certificate of title. In
property is redeemed, the certifica
redemption shall be filed with th
Deeds, and a brief memorandum th
made by the Register of Deeds on
of title of the mortgagor.
If the property is not redeemed, th
sale executed by the sheriff in
purchaser at a foreclosure sale sha
with the Register of Deeds; whereu
the mortgagor shall be canceled
certificate issued in the name of the
(b) If the mortgage was foreclosed e
certificate of sale executed by th
conducted the sale shall be filed wi

of Deeds who shall make a brief

thereof on the certificate of title.
In the event of redemption by the
same rule provided for in the secon
this section shall apply.
In case of non-redemption, the
foreclosure sale shall file with th
Deeds, either a final deed of sale e
person authorized by virtue of
attorney embodied in the deed of m
sworn statement attesting to the
redemption; whereupon, the Regi
shall issue a new certificate in
purchaser after the owner's dup
certificate has been previously
canceled.
(C) POWERS OF ATTORNEY; TRU
Section 64. Power of attorney. An
by power of attorney, convey or o
with registered land and the sa
registered with the Register of
province or city where the la
instrument revoking such power of
be registered in like manner.
Section 65. Trusts in registered lan
other instrument is filed in orde
registered land in trust, or upon
condition or limitation expressed
create or declare a trust or o
interests in such land without
particulars of the trust, condition, lim
equitable interest shall not be e
certificate; but only a memorandum
be entered by the words "in tru
condition", or other apt words, and
by number to the instrument
creating the same. A similar memora
made upon the original instrume
declaring the trust or other equitable

reference by number to the certifi

which it relates and to the volume a
registration book in which it is registe
Section 66. Trust with power of s
expressed. If the instrument creatin
a trust or other equitable interes
express power to sell, mortgage or
land in any manner, such power sh
the certificate of title by the words
sell", or "power to mortgage", or b
description in case of other powers.
which transfers, mortgages or in a
with registered land in trust shall
unless the enabling power thereto
conferred in the trust instrument, or
judgment or order of a court
jurisdiction has construed the instr
of the power, in which case a ce
such judgment or order may be regis
Section 67. Judicial appointment of
a new trustee of registered land is a
court of competent jurisdiction, a
may be issued to him upon prese
Register of Deeds of a certified cop
or judicial appointment and the
cancellation of the duplicate certifica
Section 68. Implied, trusts, how
Whoever claims an interest in regi
reason of any implied or constructive
for registration with the Register of D
statement thereof containing a des
land, the name of the registered
reference to the number of the cer
Such claim shall not affect the title
for value and in good faith before its
IIINVOLUNTARY DEALIN
Section 69. Attachments. An atta
copy of any writ, order or proces
court of record, intended to create o

lien, status, right, or attachment u

land, shall be filed and registered in
Deeds for the province or city in w
lies, and, in addition to the particul
such papers for registration, sh
reference to the number of the certi
be affected and the registered ow
thereof, and also if the attachment,
or lien is not claimed on all the
certificate of title a description suffic
for identification of the land or intere
be affected. A restraining order,
mandamus issued by the court sh
and registered on the certificate o
free of charge.
Section 70. Adverse claim. Whoev
part or interest in registered land a
registered owner, arising subsequen
the original registration, may, if no
is made in this Decree for register
make a statement in writing setting
alleged right or interest, and how o
acquired, a reference to the n
certificate of title of the registered ow
of the registered owner, and a des
land in which the right or interest is c
The statement shall be signed and
shall state the adverse claimant's re
place at which all notices may be
him. This statement shall be entitled
as an adverse claim on the certifica
adverse claim shall be effective fo
thirty days from the date of registra
lapse of said period, the annotati
claim may be canceled upon filing
petition therefor by the party in inte
however, that after cancellation
adverse claim based on the same g
registered by the same claimant.

Before the lapse of thirty days afore

in interest may file a petition in the
Instance where the land is situ
cancellation of the adverse claim,
shall grant a speedy hearing upon t
the validity of such adverse claim, a
judgment as may be just and eq
adverse claim is adjudged to b
registration thereof shall be ordere
in any case, the court, after notice
shall find that the adverse claim t
was frivolous, it may fine the c
amount not less than one thousa
more than five thousand pesos, in
Before the lapse of thirty days, the
withdraw his adverse claim by
Register of Deeds a sworn petition t
Section 71. Surrender of certificate
dealings. If an attachment or oth
nature of involuntary dealing in reg
registered, and the duplicate cer
presented at the time of registration
of Deeds shall, within thirty-six ho
send notice by mail to the reg
stating that such paper has been r
requesting him to send or produce
certificate so that a memoran
attachment or other lien may be m
the owner neglects or refuses to c
reasonable time, the Register of
report the matter to the court, and
notice, enter an order to the owner,
certificate at a time and place name
may enforce the order by suitable pr
Section 72. Dissolution, etc. of att
Attachments and liens of every de
registered land shall be continu
discharged and dissolved by any me
in law, and to give effect to the

reduction, discharge or dissolutio

certificate or other instrument for
shall be registered with the Register
Section 73. Registration of orders
an attachment is continued, reduced
otherwise affected by an order
judgment of the court where t
proceedings in which said attachm
is pending or by an order of a
jurisdiction thereof, a certificate o
such order, decision or judgment fro
court or the judge by which such de
judgment has been rendered and un
the court, shall be entitled to be re
presentation to the Register of Deed
Section 74. Enforcement of liens
land. Whenever registered land
execution, or taken or sold for tax
assessment or to enforce a lien of
or for any costs and charges inciden
any execution or copy of execution
return, or any deed, demand,
affidavit, or other instrument made i
the proceedings to enforce such lien
by law to be recorded, shall be
Register of Deeds of the province or
land lies and registered in the reg
and a memorandum made upo
certificate of title in each case
encumbrance.
Section 75. Application for new c
expiration of redemption period
expiration of the time, if any, allow
redemption after registered land ha
execution taken or sold for the enf
lien of any description, except a mo
purchaser at such sale or anyone
him may petition the court for the e
certificate of title to him.

Before the entry of a new certifica

registered owner may pursue
equitable remedies to impeach o
proceedings.
Section 76. Notice of lis pendens
recover possession of real estate,
thereto, or to remove clouds upon th
or for partition, or other proceedings
court directly affecting the title to lan
occupation thereof or the buildings
no judgment, and no proceeding
reverse any judgment, shall have a
registered land as against persons
parties thereto, unless a memoran
stating the institution of such action
and the court wherein the same is p
as the date of the institution thereof
a reference to the number of the ce
and an adequate description of the
and the registered owner thereof, s
filed and registered.
Section 77. Cancellation of lis pe
final judgment, a notice of lis pen
canceled upon order of the cour
showing that the notice is for th
molesting the adverse party, or
necessary to protect the rights of
caused it to be registered. It may als
by the Register of Deeds upon ver
the party who caused the registratio
At any time after final judgment i
defendant, or other disposition of th
as to terminate finally all rights of
and to the land and/or buildings in
case in which a memorandum o
pendens has been registered as p
preceding section, the notice of lis
be deemed canceled upon the re
certificate of the clerk of court in w

or proceeding was pending stating

disposal thereof.
CHAPTER VIREGISTRATION OF J
ORDERS; PARTITION
Section 78. Judgment for Plaintiff
any action to recover possession o
real estate or any interest the
registered land judgment is entered
such judgment shall be entitled to
presentation of a certificate of the
from the clerk of court where the ac
to the Register of Deeds for the p
where the land lies, who s
memorandum upon the certificate
land to which such judgment r
judgment does not apply to all the
in the certificate of title, the certifica
of the court where the action is pe
memorandum entered by the Reg
shall contain a description of the la
the judgment.
Section 79. Judgment adjudicati
When in any action to recover the
real estate or an interest therein
been issued in favor of the plaintiff,
be entitled to the entry of a new ce
and to the cancellation of the orig
and owner's duplicate of the form
owner. If the registered owner negle
within a reasonable time after r
plaintiff to produce his duplicate cer
that the same may be canceled, the
application and after notice, enter a
owner to produce his certificate at
place designated, and may enforce
suitable process.
Section 80. Execution of deed
judgment. Every court rendering jud
of the plaintiff affecting registered la

petition of said plaintiff, order and p

to execute for registration any deed
necessary to give effect to the judgm
require the registered owner to
duplicate certificate to the plain
Register of Deeds to be canceled
memorandum annotated upon it.
person required to execute any
instrument necessary to give
judgment is absent from the Philip
minor, or insane, or for any reason
to the process of the court rendering
said court may appoint a suitab
trustee to execute such instrumen
executed, shall be entitled to registra
Section 81. Judgment of partition.
for partition of registered land, afte
the final judgment of partition, a cop
judgment, certified by the clerk
rendering the same, shall be filed a
thereupon, if the land is set of to
severalty, each owner shall be entit
certificate entered showing the shar
in severalty, and to receive an ow
thereof.
If the land is ordered by the court
purchaser or his assigns shall
certificate of title entered in his or th
presenting a certified copy of
confirming the sale.
In case the land is ordered by th
assigned to one of the parties upo
the others of the sum ordered by
party to whom the land is thus ass
entitled to have a certificate of title
favor upon presenting a certified
judgment: Provided, however, th
certificate entered in pursuance
proceedings, whether by way of

assignment or of sale, shall conta

memorandum to the final judgme
and shall be conclusive as to the tit
extent and against the same per
judgment is made conclusive
applicable thereto: and provided, fu
person holding such certificate of tit
thereof shall have the right to petiti
any time to cancel the memorand
such judgment or order and the cou
and hearing, may grant the p
certificate shall thereafter be con
same manner and to the same e
certificates of title.
Section 82. Registration of pr
mortgaged or lease on partitioned
certified copy of a final judgment
partition is presented and it ap
mortgage or lease affecting a specif
undivided share of the premises h
been registered, the Register of De
over such encumbrance on the ce
that may be issued.
Section 83. Notice of insolven
proceeding in bankruptcy or i
analogous proceedings, are institu
debtor who owns registered land,
duty of the officer serving the
institution of such proceedings on th
a copy thereof with the office of t
Deeds for the province or city whe
the debtor lies. The assignee or tru
by the court in such proceedings s
to the entry of a new certificate of
land of the debtor or bankrupt, up
and filing a certified copy of the
insolvency or order or adjudication
with the insolvent's or bankru
certificate of title; but the new certific

that it is entered to him as assignee

or trustee in bankruptcy or other p
the case may be.
Section 84. Judgment or or
insolvency proceedings. Wheneve
proceedings of the character n
preceding section against a registe
which notice has been registered,
judgment, a certified copy of the jud
may be registered. Where a new
been entered in the name of the
trustee, such certificate shall be s
cancellation and forthwith the de
entitled to the entry of a new certifica
Section 85. Land taken by em
Whenever any registered land, or in
is expropriated or taken by eminen
National Government, province, cit
or any other agency or instrumenta
such right shall file for registration
Registry a certified copy of the ju
shall state definitely, by an adequa
the particular property or interest ex
number of the certificate of title, an
the public use. A memorandum o
interest taken shall be made on eac
title by the Register of Deeds, and
simple title is taken, a new certif
issued in favor of the National
province, city, municipality, or any o
instrumentality exercising such right
taken. The legal expenses inc
memorandum of registration or issu
to the memorandum of registration
a new certificate shall be for the a
authority taking the land or interest t
Section 86. Extrajudicial settlem
When a deed of extrajudicial settlem
duly registered, the Register of

annotate on the proper title the

mentioned in Section 4 of Rule 74
Court. Upon the expiration of the tw
and presentation of a verified p
registered heirs, devisees or legatee
party in interest that no claim or
creditor, heir or other person exist,
Deeds shall cancel the two-year lie
title without the necessity of a co
verified petition shall be entered i
Entry Book and a memorandum th
the title.
No deed of extrajudicial settlement
adjudication shall be registered unl
extrajudicial settlement or ad
published once a week for thre
weeks in a newspaper of general ci
province and proof thereof is f
Register of Deeds. The proof may
certification of the publisher, printer,
principal clerk, or of the editor,
advertising manager of the newspap
or a copy of each week's issue of
wherein the publication appeared.
Section 87. Filing of letters of adm
will. Before the executor or admin
estate of a deceased owner of regis
deal with the same, he shall file wi
the Register of Deeds a certified cop
of administration or if there is a w
copy thereof and the order allow
together with the letters testam
administration with the will annexe
may be, and shall produce the dupli
of title, and thereupon the Register
enter upon the certificate a memora
making reference to the letters and
file number, and the date of filing the
Section 88. Dealings by administe

court approval. After a memorandum

any, and order allowing the sam
testamentary or letters of admin
been entered upon the certifica
hereinabove
provided,
the
administrator may alienate or encum
land belonging to the estate, or
therein, upon approval of the cou
provided by the Rules of Court.
Section 89. Land devised to exe
appears by will, a certified copy
letters testamentary had already
provided in this Decree, that regi
devised to the executor to his own
some trust, the executor may h
transferred to himself upon the r
manner and subject to like terms
and to like rights as in the case
pursuant to a deed filed in the
Register of Deeds.
Section 90. When executor empow
sell, etc. When the will of a decea
registered lands, or an interest ther
the executor to sell, convey, encum
otherwise deal with the land, a certif
will and letters testamentary b
provided in this Decree, such exec
convey, encumber, charge or other
the land pursuant to the power in lik
he were registered owner, subject to
conditions and limitations expressed
Section 91. Transfer in anticip
distribution. Whenever the court hav
of the testate or intestate proceedin
executor or administrator to take ov
to the devisees or heirs, or any
anticipation of final distribution a
whole of the registered land to wh
be entitled on final distribution, upon

certified copy of such order in the

Register of Deeds, the executor or
may cause such transfer to be m
register in like manner as in case
upon the presentation of the own
certificate to the Register of Deeds
or heirs concerned shall be e
issuance of the corresponding certifi
Section 92. Registration of final
estate. A certified copy of the
distribution, together with the fina
order of the court approving the sam
making final distribution, supported
payment of estate taw or exemption
the case may be, shall be filed with
Deeds, and upon the presentation
duplicate certificate of title, new cer
shall be issued to the parties se
thereto in accordance with the app
and distribution.
CHAPTER VIIASSURANCE
Section 93. Contribution to Ass
Upon the entry of a certificate of tit
of the registered owner, and also up
registration on the certificate of title
other improvements on the land co
certificate, as well as upon the entry
pursuant to any subsequent transfe
land, there shall be paid to the Reg
one-fourth of one per cent of the a
of the real estate on the basis
assessment for taxation purposes,
to the Assurance Fund. Where the
has not yet been assessed for tax
for purposes of this decree shall be
the sworn declaration of two disinte
to the effect that the value fixed by
knowledge, a fair valuation.
Nothing in this section shall in any

the court from increasing the va

property should it appear during th
the value stated is too small.
Section 94. Custody and investme
money received by the Register o
the preceding section shall be paid
Treasurer. He shall keep this
Assurance Fund which may be in
manner and form authorized by
report annually to the Commissione
the condition and income thereof.
The income of the Assurance Fund
to the principal until said fund am
hundred thousand pesos, in wh
excess income from investments a
the collections of such fund shall b
National Treasury to the account of
Fund.
Section 95. Action for compensation
person who, without negligence
sustains loss or damage, or is depr
any estate or interest therein in co
the bringing of the land under the o
Torrens system of arising after origi
of land, through fraud or in conse
error, omission, mistake or misdes
certificate of title or in any entry or
in the registration book, and who by
of this Decree is barred or otherw
under the provision of any law fro
action for the recovery of such land
or interest therein, may bring an
court of competent jurisdiction for t
damages to be paid out of the Assur
Section 96. Against whom action
action is brought to recover for loss
for deprivation of land or of any es
therein arising wholly through frau
omission, mistake or misfeasance

personnel, Register of Deeds, his d

employees of the Registry in the p
their respective duties, the action sh
against the Register of Deeds of t
city where the land is situated an
Treasurer as defendants. But if s
brought to recover for loss or d
deprivation of land or of any interest
through fraud, negligence, omissio
misfeasance of person other than co
the Register of Deeds, his dep
employees of the Registry, such a
brought against the Register o
National Treasurer and other perso
as co-defendants. It shall be the
Solicitor General in person or by re
appear and to defend all such suits
the fiscal of the province or city w
lies: Provided, however, that nothing
shall be construed to deprive the
right of action which he may hav
person for such loss or damage
without joining the National Treas
defendant. In every action filed
Assurance Fund, the court shall
report of the Commissioner of Land
Section 97. Judgment, how satisfie
defendants other than the National
the Register of Deeds and judgmen
the plaintiff and against the Nationa
Register of Deeds and any
defendants, execution shall first
such defendants other than the Na
Register of Deeds. If the executio
unsatisfied in whole or in part, a
returning the same certificates tha
due cannot be collected from the la
property of such other defendants,
the court, upon proper showing, ord

of the execution and costs, or so m

remains unpaid, to be paid by
treasurer out of the Assurance Fun
under this Decree, the plaintiff can
compensation more than the fair m
the land at the time he suffered the
or deprivation thereof.
Section 98. General Fund when li
time the Assurance Fund is not suff
such judgment, the National Treasu
up for the deficiency from any fun
the treasury not otherwise appropria
Section 99. Subrogation of g
plaintiff's rights. In every case wher
been made by the National
accordance with the provisions of th
Government of the Republic of t
shall be subrogated to the rights
against any other parties or s
National Treasurer shall enforce s
the amount recovered shall be paid
of the Assurance Fund.
Section 100. Register of Deeds
interest. When it appears that the A
may be liable for damages that m
due to the unlawful or erroneous
certificate of title, the Register of De
shall be deemed a proper party in
shall, upon authority of the Commis
Registration, file the necessary act
annul or amend the title.
The court may order the Registe
amend or cancel a certificate of titl
other act as may be just and equitab
Section 101. Losses not reco
Assurance Fund shall not be liable
damage or deprivation caused or oc
breach of trust, whether expres
constructive or by any mistake in t

or subdivision of registered land r

expansion of area in the certificate o
Section 102. Limitation of Action.
compensation against the Assura
reason of any loss, damage or dep
or any interest therein shall be ins
period of six years from the time th
such action first occurred: Provided
of action herein provided shall surv
representative of the person sust
damage, unless barred in his
Provided, further, That if at the tim
action first accrued the person en
such action was a minor or insane
or otherwise under legal disability, s
anyone claiming from, by or under
the proper action at any time within
such disability has been removed, n
the expiration of the original perio
first above provided.
CHAPTER VIIIREGISTRATION O
Section 103. Certificates of title
patents. Whenever public land
Government alienated, granted or
any person, the same shall be bro
under the operation of this Decree.
duty of the official issuing the
alienation, grant, patent or conveyan
the Government to cause such ins
filed with the Register of Deeds of t
city where the land lies, and to be th
like other deeds and conveyance,
certificate of title shall be entered as
of registered land, and an owner's d
to the grantee. The deed, gra
instrument of conveyance from the
the grantee shall not take effect as
or bind the land but shall opera
contract between the Government a

and as evidence of authority to th

Deeds to make registration. It
registration that shall be the operati
and convey the land, and in all ca
Decree, registration shall be made
the Register of Deeds of the provinc
the land lies. The fees for registratio
by the grantee. After due registration
of the certificate of title, such land sh
to be registered land to all intents
under this Decree.
CHAPTER IXCERTIFICATE O
TRANSFER, EMANCIPATION
AFFIDAVIT OF NON-TENA
Section 104. Provisional Register
The Department of Agrarian Reform
by automate data processing a s
book to be known as the "Provision
Documents issued under PD-27" w
kept and maintained in every Reg
throughout the country. Said Regis
be a register of:
a. All Certificates of Land Transfer
pursuant to P.D. No. 27; and
b.
All
subsequent
transactio
Certificates of Land Transfer such a
transfer, duplication and can
erroneous Certificates of Land Trans
Section 105. Certificates of L
Emancipation Patents. The D
Agrarian reform shall pursuant to P.D
in duplicate, a Certificate of Lan
every land brought under "Op
Transfer", the original of which shall
tenant-farmer and the duplicate, in
Deeds.
After the tenant-farmer shall have
with the requirements for a grant of
No. 27, an Emancipation Patent wh

previously titled or untitled property

by the Department of Agrarian Refor
The Register of Deeds shall compl
on the aforementioned Emancipati
shall assign an original certificate of
case of unregistered land, and
registered property, shall issue the
transfer certificate of title without
surrender of the owner's duplicate o
canceled.
In case of death of the grantee, the
Agrarian Reform shall determine
successors-in-interest and shall noti
of Deeds accordingly.
In case of subsequent transfer of pr
by an Emancipation Patent or a Ce
emanating from an Emancipation
Register of Deeds shall affect the
upon receipt of the supporting pa
Department of Agrarian Reform.
No fee, premium, of tax of any
charged or imposed in connec
issuance of an original Emancipati
for the registration or related docum
Section 106. Sale of agricultural lan
voluntary deed or instrument purp
subdivision, mortgage, lease, sale
mode of encumbrance or conveya
agricultural land principally devoted
or any portion thereof shall be reg
accompanied by an affidavit of
executor stating that the land in
tenanted, or if tenanted, the same
devoted to the production of rice and
If only a portion of the land is prima
the production of rice and/or corn,
so devoted is tenanted, no s
instrument
shall
be
registe
accompanied by an affidavit stating

of the portion which is tenanted

devoted to rice and/or corn, and stat
the deed or instrument covers only t
portion or that which is not primarily
production of rice and/or corn. A m
said affidavit shall be annotated on
of title. The Register of Deeds shal
of the registered deed or instrumen
the affidavit, to be furnished the
Agrarian Reform Regional Office wh
located. The affidavit provided in th
not be required in the case of a tena
deals with his Certificate of Lan
Emancipation Patent in accordance
CHAPTER XPETITIONS AND ACT
ORIGINAL REGISTRAT
Section 107. Surrender of withh
certificates. Where it is necessary t
certificate of title pursuant to a
instrument which divests the title of
owner against his consent or whe
instrument cannot be registered by
refusal or failure of the holder to
owner's duplicate certificate of title
interest may file a petition in co
surrender of the same to the Regi
The court, after hearing, may order
owner or any person withholding
certificate to surrender the same,
entry of a new certificate or mem
such surrender. If the person w
duplicate certificate is not amenable
of the court, or if not any reason th
owner's duplicate certificate canno
the court may order the annulment
well as the issuance of a new certi
lieu thereof. Such new certificate an
thereof shall contain a memora
annulment of the outstanding duplica

Section 108. Amendment and

certificates. No erasure, alteration,
shall be made upon the registration
entry of a certificate of title or of a
thereon and the attestation of
Register of Deeds, except by orde
Court of First Instance. A registered
person having an interest in regis
or, in proper cases, the Register of
approval of the Commissione
Registration, may apply by petitio
upon the ground that the registere
any description, whether vested
expectant or inchoate appearing on
have terminated and ceased; or tha
not appearing upon the certificate
been created; or that an omission
made in entering a certificate or any
thereon, or, on any duplicate certific
same or any person on the certifi
changed; or that the registered owne
or, if registered as married, that the
been terminated and no right or int
or creditors will thereby be affec
corporation which owned registered
been dissolved has not convened th
three years after its dissolution; or u
reasonable ground; and the court
determine the petition after notice t
interest, and may order the entry or
a new certificate, the entry or can
memorandum upon a certificate,
other relief upon such terms a
requiring security or bond if necess
consider proper; Provided, howe
section shall not be construed to
authority to reopen the judgment
registration, and that nothing sha
ordered by the court which shall im

other interest of a purchaser holdin

for value and in good faith, or
assigns, without his or their wr
Where the owner's duplicate cer
presented, a similar petition may
provided in the preceding section.
All petitions or motions filed under
well as under any other provision
after original registration shall be file
in the original case in which t
registration was entered.
Section 109. Notice and replace
duplicate certificate. In case of loss
owner's duplicate certificate of tit
under oath shall be sent by the
someone in his behalf to the Regist
the province or city where the land l
the loss or theft is discovered.
certificate is lost or destroyed,
produced by a person applying for
new certificate to him or for the reg
instrument, a sworn statement of th
loss or destruction may be filed by
owner or other person in interest and
Upon the petition of the registered
person in interest, the court may, a
due hearing, direct the issuanc
duplicate certificate, which sha
memorandum of the fact that it is i
of the lost duplicate certificate, b
respects be entitled to like faith an
original duplicate, and shall thereaft
as such for all purposes of this decre
Section 110. Reconstitution of los
original of Torrens title. Origin
certificates of title lost or destroyed i
Register of Deeds as well a
encumbrances affecting the lands co
titles shall be reconstituted judicially

with the procedure prescribed in Re

26 insofar as not inconsistent with
The
procedure
relative
to
reconstitution of lost or destroy
prescribed in said Act is hereby abro
Notice of all hearings of the petit
reconstitution shall be given to th
Deeds of the place where the land
to the Commissioner of Land Re
order or judgment ordering the reco
certificate of title shall become final
of thirty days from receipt by th
Deeds and by the Commissio
Registration of a notice of such ord
without any appeal having been f
such officials.
CHAPTER XISCHEDULE OF FEE
FUND
Section 111. Fees payable. The fe
the Clerk of Court, the Sheriff, th
Deeds and the Land Registration
shall be as follows:
A. Fees payable to the Clerk of C
payable to the clerk of court or his
be as follows:
1. For filing an application for the
land, the fees shall be based on
value of the property for the cu
accordance with the following sched
(a) When the value of the prop
exceed two thousand pesos, fifteen
first five hundred pesos, or fraction
and five pesos for each additiona
pesos, or fractional part thereof.
(b) When the value of the prop
exceed two thousand pesos but do
ten thousand pesos, thirty five pes
three thousand pesos, or fractiona
and five pesos for each additional

pesos, or fractional part thereof.

(c) When the value of the property
ten thousand pesos but does no
hundred thousand pesos, eighty pe
twenty thousand pesos, or fractiona
and ten pesos for each additional
pesos, or fractional part thereof.
(d) When the value of the property
one hundred thousand pesos but do
five hundred thousand pesos, one h
pesos for the first one hundre
thousand pesos, or fractional par
twenty pesos for each addition
thousand pesos, or fractional part th
(e) When the value of the property
five hundred thousand pesos, five h
pesos for the first five hundred
pesos, or fractional part thereof, a
for each additional fifty thousan
fractional part thereof.
If the property has not been assess
the fees above prescribed shall be
current market value; and the app
with his application a sworn decla
disinterested persons that the value
to their knowledge a fair valuation.
2. For filing a petition for review of
decree, or other claim adverse to
owner, for each petition, twenty peso
3. For filing a petition after the
become final, twenty pesos. If i
decrees in more than one case, for e
case, one peso. If it affects several
of land in which the petitioners hav
interest, each of such petitioners
corresponding fees as if separate
been filed by him.
B. Fees payable to the Sheriff. Th
collect fees for his services rendered

with land registration and cadastra

as follows:
1. For posting notices of initial h
registration cases in conspicuous
lands described in the notice, for
land on which a copy of such no
besides travel fees, three pesos.
2. For posting notices of initial heari
cases in conspicuous places on the
in the survey, for each group of on
on which a copy of the notice is p
travel fees, three pesos.
3. For posting one copy of a n
hearing in a conspicuous place upon
building of the city, municipality,
district in which the land or portio
besides travel fees, three pesos.
4. For serving notices upon cadastr
appear before the court, travel
provided in the Rules of Court.
5. For all other services not mention
same fees including travel fees as p
Rules of Court for similar services.
C. Fees payable to the Register o
Register of Deeds shall collect fees
rendered by him under this Decree
with the following schedule:
1. Original certificate of title. For th
original certificate of title and iss
owner's duplicate certificate, ten pes
parcel of land described thereon and
each additional parcel.
2. Entry fee. For each entry fee
entry book, five pesos.
3. Attachment, levy, etc. For the an
attachment, levy, writ of execution,
five pesos for each parcel of land aff
4. Lis Pendens, etc. For the annota
of lis pendens, or of any docume

connection therewith, for each of

thereby, five pesos.
5. Release of encumbrance. For the
a release of any encumbrance, exc
lease, or other lien for the cancella
specific fee is prescribed herein, for
land so released, five pesos; but th
of fees to be collected shall no
amount of fees paid for the regist
encumbrance.
6. Court Order. For the annotation
the court for the amendment of, or t
memorandum on, a certificate o
inclusion of buildings or improvem
order directing the registration of a d
any right or interest referred to in sa
cancellation of a certificate of ti
issuance of a new one, ten pe
certificate of title on which the anno
in addition to the fees pres
paragraphs sixteen or seventeen, as
be, of this subsection, in the same a
the registration of such document, ri
7. Building. For the annotation of a
court for the inclusion of bu
improvement in a certificate of title,
each certificate of title.
8. Powers of attorney, letters of
appointment of guardian, resolution
thereof. For registering and filing
attorney, letters of administratio
testamentary whether or not acco
copy of the testament, certificate of
will with attested copy of the
appointment of guardian for
incompetent person, appointmen
trustee, or administrator, articles o
of any corporation, association or
resolution of its board of directors e

officer or member thereof to act in

same, twenty pesos; and for the
such papers on certificates of title
by existing laws or regulations, five
certificate of title so annotated: Prov
that when the certificate of allowanc
the letters testamentary or letters of
are filed together, only one fee sha
For registering an instrument of rev
of the paper mentioned above, five
annotated on the corresponding ce
three pesos for each certificate of tit
9. Notice of tax lien, loss, etc. For
of a notice of tax lien of any descr
lost duplicate or copy of a certificat
of the court declaring such duplica
and void, notice of change of ad
cancellation of any such annota
certificate of title, five pesos.
10. Carry over of annotation. For t
memorandum of an encumbrance o
one certificate of title which is canc
one in lieu thereof, for each mem
transferred, five pesos.
11. Annotation on additional copy o
memorandum made in a standing co
of a certificate of title after a similar
has been made in the original th
certificate of title, five pesos.
12. No specific fee. For any memora
a certificate of title for which no
prescribe above, for each certifica
pesos.
13. Transfer to trustee, executor,
receiver. For the issuance of a tran
of title, including its duplicate,
executor, administrator, or receive
cancellation of such certificate of title
of a new one, including its duplicate

que trust in case of trusteeship, te

certificate covers more than one pa
additional fee of five pesos shall b
each additional parcel or lot.
14. Transfer certificate of title. For t
a transfer certificate of title, includin
to a person other than those nam
preceding paragraph, ten pesos, in
fees hereinafter prescribed in parag
seventeen, as the case may be, of t
if the same are also due. If the ce
more than one parcel or lot, an ad
five pesos shall be collected for e
parcel or lot.
15. Additional copy of title. For the
new owner's duplicate or a co-own
certificate of title, or any additiona
copy thereof, ten pesos for the first
pesos for each subsequent pag
thereof.
16. Registration fee. For the registra
of sale, conveyance, transfer, excha
or donation; a deed of sale with p
conditional sale, sheriff's sale at
sale for non-payment of taxes, or an
to redemption, or the repurchase or
the property so sold; any instr
judgment or decree divesting th
registered owner, except in favor
executor, administrator or receiv
purchase or promise to sell; any mo
bond, lease, easement, right-of-way
right or lien created or constituted
distinct contract or agreement, a
incidental condition of sale,
conveyance; the assignment,
extension or novation of a mortga
other real right, or a release
termination of lease, or consolidatio

over a property sold with pacto de r

specific fee is prescribed therefor in
paragraphs, the fees shall be base
of the consideration in accorda
following schedule:
(a) Six thousand pesos maximum. W
of the consideration does not excee
pesos, seven pesos for the first
pesos, or fractional part thereof, an
for each additional five hundre
fractional part thereof.
(b) Thirty thousand pesos maximu
value of the consideration is m
thousand pesos but does not
thousand pesos, or fractional par
eight pesos for each additional
pesos, or fractional part thereof.
(c) One hundred thousand pesos m
the value of the consideration is m
thousand pesos but does not excee
thousand pesos, one hundred fifty
first thirty-five thousand pesos, or
thereof, and fourteen pesos or each
thousand pesos, or fractional part th
(d) Five hundred thousand pesos m
the value of the consideration is m
hundred thousand pesos but does n
hundred thousand pesos, three hu
pesos for the first one hundred
pesos, or fractional part thereof, and
for each additional ten thousan
fractional part thereof.
(e) More than five hundred thousand
the value of the consideration is m
hundred thousand pesos, one
hundred sixty-two pesos for the firs
twenty thousand pesos, or fractiona
and thirty pesos for each add
thousand pesos, or fractional part th

17. Fees for specific transactions. I

transactions, however, the basis
collectible under paragraph six
subsection, whether or not the
consideration is stated in the instru
as hereunder set forth:
(a) Exchange. In the exchange of re
basis of the fees to be paid by each
the current assessed value of
acquired by one party from the othe
the value of any other consideration
in the contract.
(b) Hereditary transfer. In the trans
hereditary estate without partition or
the property among the heirs,
legatees, although with specificatio
of each in the value of the estate,
be the total current assessed value
thus transmitted.
(c) Partition of hereditary est
property. In the partition of an he
which is still in the name of the dece
determinate properties are adjudic
heir devisee or legatee, or to each
devisees or legatees, the basis of
paid by each person or group, as
be, shall be the total current assess
properties thus adjudicated to ea
group. In the case, however, of con
the basis of the fees for the registra
thereof in the name of the survivin
be the total current assessed
properties adjudicated to said spous
(d) Subdivision or partition. In the p
property held in common by severa
owner's the basis of the fees to be
co-owner or group of co-owners sh
assessed value of the property take
owner or group.

(e) Conveyance: several lots and

sale, conveyance or transfer of
parcels of land in favor of two or
parties but executed in one single i
basis shall be the total selling price
party-buyer, or, in the case o
consideration, such portion thereof
in accordance with the assessed
respective land acquired by each pa
(f) Conveyance of properties in diffe
the sale, conveyance, or transfer
situated in different cities or province
the fees in each Registry of Dee
instrument is to be registered sha
selling price of the properties s
respective city or province, or, in the
sum consideration, such portion
obtained for those properties lyi
jurisdiction of the respective
apportioning the total consideratio
conveyance or transfer in accord
current assessed value of such prop
(g) Conveyance of mortgaged pro
sale, conveyance, or transfer of
property, the basis shall be the selli
property proper plus the full a
mortgage, or the unpaid balance
latter is stated in the instrument. If
are situated in different cities or
basis of the fees in each Registry o
the instrument is to be registered
sum as obtained for the properties
respective city or province after a
accordance with the current asses
said properties the total amount o
as above computed, unless the sell
properties in each city or prov
proportionate share thereof in th
unpaid balance of the mortgage ar

instrument, in which case, the agg

selling price and share shall be the
case, however, where the aggrega
consideration as above computed
than the current assessed value of
in the city or province concerned, s
value shall be the basis of the
respective Registry.
(h) Mortgage of properties in differe
mortgage affecting properties situa
cities or provinces, the basis of the
Registry of Deeds where the docu
registered shall be such amount a
the properties lying within the juris
Registry after apportioning the total
mortgage in accordance with the cu
value of such properties.
(i) Release of mortgage. In the
mortgage the basis of the fees shall
equal to ten per centum of the to
obligation secured by the mor
properties are situated in differ
provinces, the basis of the fees in
shall be ten per centum of such su
for the properties in the respective c
after apportioning the amount of th
accordance with the current asses
such properties. In the case of a p
the fees shall be based on ten per
current assessed value of the prope
in the respective city or provin
however, That where several partia
been registered, the fees corresp
final release shall be computed on t
per centum of the difference betwe
of the mortgage and the aggr
consideration used as basis for th
the fees paid for the registration
partial releases.

(j) Certificate of sale. In a certific

public auction by virtue of an order
sale for delinquency in the payme
repurchase of the property so sold
the fees in each Registry shall be t
of the selling or repurchase price o
lying within the jurisdiction of the Re
(k) Affidavit of consolidation of ow
affidavit for the consolidation of ow
property sold with pacto de retro or
extra judicial foreclosure under the
Act Numbered Thirty-one hundred
as amended, the basis of the fees in
shall be an amount equivalent to ten
the consideration of the sale in the
or province.
(l) Contract of lease. In contracts
basis of the fees in each Registry sh
total to be paid by the lessee for
situated in the respective city or p
the entire period specified in
including the extension contemp
parties which may be given effe
necessity of further registration. If
from year to year, or otherwise not f
shall be the total amount of rentals
months. If the rentals are not distrib
amount thereof as above comp
apportioned to said properties in ac
their assessed values, and the prop
thus obtained for each city or provin
basis of the fees to be collected i
concerned.
(m) Termination of lease. In the
lease, the basis of the fees in each
be ten per centum of the amount us
the collection of the fees paid for the
said lease.
(n) Option to purchase or promi

contracts of option to purchase or p

the basis of the fees in each Regist
per centum of the current assesse
property subject of such contract in
city or province.
(o) Consideration not stated or fixe
assessed value. In other transactio
actual value of the consideration is
contract or cannot be determined f
thereof, or, in case of a sale, c
transfer, the consideration stated is
current assessed value of the prop
of the fees shall be the current ass
the property involved in the tran
properties are situated in differ
provinces, the basis of the fees in
shall be the current assessed
properties lying within the jurisd
Registry concerned.
18. Issuance of copy of document.
copies of any entry, decree, docu
papers on file, fifty centavos for
words of fraction thereof contained
thus furnished.
19. Certified copy. For certifying a
under the next preceding paragr
certification, five pesos for one page
for each additional page certified.
20. Certification. For issuing a cer
to, or showing the existence or no
an entry in the registration books o
on file, for each such certificate
more than two hundred words, fiv
exceeds that number an additional f
shall be collected for every hund
fraction thereof, in excess of the firs
words.
21. Research fee. For services
attending to request for reference

on any records or documents o

Registry, there shall be collected
document or record.
D. Fees payable to the Commiss
Registration.
The
fees
paya
Commissioner of Land Registratio
follows:
1. For verification and approval
plans, the fee shall be:

(
a For each lot ...
)

(
For each corner of a lot, irrespec
b
lots ...............
)

(
c For each traverse station .........
)

(
d For each observation ...........
)
(
e
)

Provided, however, that the total fee

above, whether for subdivision and/o
consolidation-subdivision survey, res
relocation plan, shall in no case be l
P8.00 per plan.
2. For changing or correcting the na
person appearing on the subdivision
plan in order to have it conform to th
the certificate of title covering the lan
cancellation of an approved plan wh
requested by the interested party, th

fee of P5.00 per plan.

3. The rates of fees prescribed in pa
2, inclusive, shall apply to similar se
rendered in connection with the exam
verification, and approval of consolid
consolidation-subdivision, resubdivis
reconsolidation plans, special work o
the basis of certified copies of techn
descriptions of plans approved by th
Registration Commission or the Bure
private surveys, and other plans of s
In the computation of fees relative to
of consolidation and consolidation-s
plans, a fee of two pesos shall be co
as appearing in the old survey in add
fee collectible in paragraph 1 hereof
lots.

4. For the preparation of a plan in a

any survey, the data of which are av
Commission, except when the same
traced from an existing plan, the fee
computed as follows:
(a) When the plan to be so prepared
one lot:

1
For the first ten corners or fraction
.

2
For the next ten corners or fractio
.
3
For each corner in excess of the
.

(b) When the plan to be so prepared

or more lots:

1 For the first lot, which must be the

. corner .........

2 For each additional lot, irrespectiv

. first lot or any other lot

3 For each non-adjacent lot (other t

. corners ........

4 If any lot contains more than twen

. corners ........

5. For the preparation of a plan in tra

be traced from an existing plan, com
bearings and distances of corners a
the fee shall be 30 per centum of the
prescribed in paragraph 4 above.
6. For the preparation of a plan in tra
be copied from an existing plan, com
bearings and distances of sides and
using a different scale, the fee shall
centum of the fees prescribed under
above, if made on a reduced scale;
centum of the same fees, if made on
scale.
7. For the preparation of a simple pla
any available survey or plan on any
than a tracing cloth, the fee on the b
lot, shall be as follows:

(
a For the first ten corners or fractio
)

(
b For the second ten corners or fra
)

(
c For the third ten corners or fracti
)

( For each corner in excess of the

d

(
e If the sketch is prepared in tracin
)

(f If the plan or sketch so prepared

) add to the total fees as above co

8. For furnishing a plan copy (blue-p

print) of any plan on file in the Comm
fee shall be as follows:

(
For the copy of any size not exc
a
.....
)

( For one copy of more than forty

b exceeding eighty square decime
) .......

( For one copy of more than eight

c exceeding one hundred twenty s
) ..

( For one copy in excess of one h

d decimeters in size, the basis rate
) twenty square decimeters or frac
....

9. For the preparation of technical de

other than mere copying from an exi
there shall be collected the following
(
a
)
1
For each lot ...........
.
2 For each corner of a lot ...........

3
For each extra carbon copy, extr
.
4
Minimum total charge .............
.
(
b
)
1
For each sheet .........
.
2
For each lot ..........
.

3
For each corner in excess of ten
.
(
c
)

10. For certification of plans or copie

to the correctness of the same, per p
copy P3.00 and for the issuance of a
certification P5.00 plus one 30-centa
documentary stamp to be affixed the
11. For inspection of land subject of
surveys, simple or complex subdivis
consolidation, consolidation-subdivis
resubdivision, or reconsolidation pla
work orders, and other plans of simi
the purpose of verification and/or ap

(
a For each plan with an aggregate
)

( For each subdivision with an agg

b
)
1
For the first 1,000 s.m. .............
.
2
For every succeeding 1,000 sq.
.

12. For actual field work of subdivisi

relocation survey and resurveyed of
shall be as follows:
(a) Subdivision survey:
1. Rural (Agricultural)
Area

Surv

For the first hectare ...........

P 350

For the 2nd ha. to 10th ha.

An a

For the 11th ha. to 20th ha.

An a

For the 21st ha. to 30th ha.

An a

For the 31st ha. to 200th ha. An a

For the 201st ha. or over

An a

A fraction of a hectare shall be cons

hectare.
2. Urban (Solar):
First 200 sq. m. or less .........

Succeeding 201 sq. m. or more .....

(b) Relocation Survey or Resurveye

The fee for relocation survey or resu
be one hundred fifty per cent (150%
amount of survey fee collectible on t
schedule of fees for subdivision surv
provided in the preceding paragraph

cent (1%) of the assessed value of t

Special Account. Twenty per centum
collections of the Registers of Deeds
Land Registration Commission unde
and Sections 118 and 116 of this De
appropriated and upon approval of a
by the Ministry of the Budget, such a
be disbursed and all offices under th
Registration Commission, for the pu
necessary equipment, for payment o
of officials and employees of the Co
including those of the Registries of D
authorized by the Commissioner, for
regarding security printing of Land ti
survey contracts, and for the mainte
other operating expenses of the Com
CHAPTER XIIFORMS USED
REGISTRATION AND CONVE
Section 112. Forms in conve
Commissioner of Land Registration
convenient blank forms as may be
help facilitate the proceedings in la
and shall take charge of the printin
forms.
Deeds, conveyances, encumbrance
powers of attorney and oth
instruments, whether affecting
unregistered land, executed in ac
law in the form of public instrum
registerable: Provided, that, every s
shall be signed by the person
executing the same in the presence
witnesses who shall likewise sign
shall acknowledged to be the free a
the person or persons executing th
a notary public or other public office
law to take acknowledgment.
instrument so acknowledged cons
more pages including the pa

acknowledgment is written, each pa

which is to be registered in the
Register of Deeds, or if regis
contemplated, each page of the cop
the notary public, except the pa
signatures already appear at the
instrument, shall be signed on th
thereof by the person or persons
instrument and their witnesses, an
sealed with the notarial seal, and th
as the number of pages shall be
acknowledgment.
Where
the
acknowledged relates to a sale, tran
or encumbrance of two or more p
the number thereof shall likewise
said acknowledgment.
CHAPTER XIIIDEALINGS
UNREGISTERED LAND
Section 113. Recording of instrume
unregistered lands. No deed,
mortgage, lease, or other volunta
affecting land not registered unde
system shall be valid, except as
parties thereto, unless such instrum
been recorded in the manner herein
the office of the Register of Deeds f
or city where the land lies.
(a) The Register of Deeds for each p
shall keep a Primary Entry
Registration Book. The Primary En
contain, among other particular
number, the names of the parties, th
document, the date, hour and m
presented and received. The record
and other instruments relating to
lands shall be effected by any of an
space provided therefor in the Reg
after the same shall have been e
Primary Entry Book.

(b) If, on the face of the instrument,

it is sufficient in law, the Register
forthwith record the instrument in
provided herein. In case the Regi
refuses its administration to recor
shall advise the party in interest in
ground or grounds for his refusal,
may appeal the matter to the Co
Land Registration in accordan
provisions of Section 117 of this Dec
understood that any recording ma
section shall be without prejudice t
with a better right.
(c) After recording on the Reco
Register of Deeds shall endorse
things, upon the original of
instruments, the file number and th
as the hour and minute when the
received for recording as shown i
Entry Book, returning to the registra
interest the duplicate of the ins
appropriate annotation, certifying
recorded the instrument after reser
thereof to be furnished the pro
assessor as required by existing law
(d) Tax sale, attachment and levy
pendens, adverse claim and other
the nature of involuntary dealings w
unregistered lands, if made in the fo
law, shall likewise be admissible to
this section.
(e) For the services to be rendered b
of Deeds under this section, he sh
same amount of fees prescribe
services for the registration o
instruments concerning registered la
CHAPTER XIVREGISTRATION O
MORTGAGES
Section 114. Recording of chattel

chattel mortgage shall be recorded

the Register of Deeds of the provinc
the mortgagor resides as well a
property is situated or ordinarily kep
Section 115. Manner of reco
mortgages. Every Register of Deed
Primary Entry Book and a Registr
chattel mortgages; shall certify on e
filed for record, as well as on its
date, hour, and minute when the sam
received; and shall record in su
chattel mortgage, assignment
thereof, and any other instrument
recorded mortgage, and all such ins
be presented to him in duplicate, th
filed and the duplicate to be returned
concerned.
The recording of a mortgage shall
making an entry, which shall be give
number, setting forth the names of
and the mortgagor, the sum
guaranteed, date of the instrumen
notary before whom it was
acknowledged, and a note that
mortgaged, as well as the terms an
the mortgage, is mentioned in
instrument filed, giving the prope
thereof. The recording of other instru
to a recorded mortgage shall be effe
annotation on the space provided
Registration Book, after the same s
entered in the primary Entry Book.
The Register of Deeds shall al
officer's return of sale upon any mo
reference upon the record of such
to the volume and page of the
mortgage, and a reference of such
record of the mortgage itself, and g
copy thereof, when requested, upo

the legal fees for such copy

requested, upon payment of the
such copy and certify upon ea
officer's return of sale or discharge
and upon any other instrument rela
recorded mortgage, both on the orig
duplicate, the date, hour, and min
same is received for record and
certificate index of mortgagors an
which record and index shall be o
inspection.
Duly certified copies of such record
instruments shall be receivable as e
court.
Section 116. Fees for chattel mortg
register of Deeds shall collect the
for services rendered by him under t
1. Entry fee. For entry or presen
document in the Primary Entry Boo
Supporting papers presented toge
principal document need not be cha
or presentation fee unless the pa
desires that they be likewise entered
2. Chattel Mortgage. For filing and
chattel mortgage, including th
certificates and affidavits, the fees
the following schedule shall be colle
(a) Six thousand pesos maximu
amount of the mortgage does n
thousand pesos, seven pesos for
hundred pesos, or fractional part
three pesos for each additional
pesos, or fractional part thereof.
(b) Thirty thousand pesos maximu
amount of the mortgage is more tha
pesos but does not exceed thirty th
forty-eight pesos for the initial
exceeding eight thousand pesos, a
for each additional two thousa

fractional part thereof.

(c) One hundred thousand pesos m
the amount of the mortgage is m
thousand pesos but does not excee
thousand pesos, one hundred fifty
initial amount not exceeding thirty
pesos, and fourteen pesos for each
thousand pesos of fractional part the
(d) Five hundred thousand pesos m
the amount of the mortgage is m
hundred thousand pesos but does n
hundred thousand pesos, three hu
pesos for the initial amount not e
hundred ten thousand pesos and tw
each additional ten thousand peso
part thereof.
(e) More than five hundred thousand
the amount of the mortgage is m
hundred thousand pesos, one
hundred sixty-two pesos for the init
exceeding five hundred twenty tho
and thirty pesos for each add
thousand pesos or fractional
Provided, however, that registr
mortgage in the province where t
situated shall be sufficient reg
provided, further, that if the mort
registered in more than one city o
Register of Deeds of the city or prov
instrument is first presented for re
collect the full amount of the
accordance with the schedule pres
and the Register of Deeds of the
province where the same instrumen
registered shall collect only a sum
twenty per centum of the amount o
paid in the first city of province, b
shall the fees payable in any Regist
the minimum fixed in this schedule.

3. Conveyance of mortgaged prop

recording each instrument of sale, c
transfer of the property which is
recorded mortgage, or of the a
mortgage credit, the fees estab
preceding schedule shall be col
bases of ten per centum of the a
mortgage or unpaid balance thereof
the latter is stated in the instrument.
4. Notice of attachment. For recordi
of attachment, including the necess
annotations, eight pesos.
5. Release of mortgage. For re
release of mortgage, including t
index and references, the fees esta
schedule under paragraph (b) ab
collected on the basis of five per
amount of the mortgage.
6. Release of attachment. For r
release of attachment, including
annotations, five pesos.
7. Sheriff's return of sale. For r
sheriff's return of sale, including
references, seven pesos.
8. Power of attorney, appointmen
administrator or trustee. For record
attorney, appointment of judic
administrator, or trustee, or any othe
which a person is given power to a
another in connection with a mortga
9. No specific fee. For recording e
or order relating to a recorded mortg
the necessary index and references
specific fee is provided above, five p
10. Certified copy. For certified cop
such fees as are allowed by law for
the Register of Deeds.
11. Certification. For issuing a cer
to, or showing the existence or no

an entry in the registration book, or

file, for each such certificate conta
than two hundred words, five peso
that number, an additional fee of one
collected for every one hundred wor
part thereof, in excess of the firs
words.
12. Research Fee. For services
attending to requests for refer
researches on any document o
Registry, there shall be collected
pesos per document.
CHAPTER XVCONSULT
Section 117. Procedure. When th
Deeds is in doubt with regard to the
be taken or memorandum to
pursuance of any deed, mortg
instrument presented to him for r
where any party in interest does not
action taken by the Register o
reference to any such instrument
shall be submitted to the Commiss
Registration by the Register of De
party in interest thru the Register of
Where the instrument is denied re
Register of Deeds shall notify the in
in writing, setting forth the de
instrument or legal grounds relie
advising him that if he is not agre
ruling, he may, without withdrawing
from the Registry, elevate the matt
within five days from receipt of notic
of registration to the Commissio
Registration.
The Register of Deeds shall make a
of the pending consulta on the ce
which shall be canceled motu p
Register of Deeds after final resolut
thereof, or before resolution, if

petitioner.
The Commissioner of Land
considering the consulta and the re
to him after notice to the parties and
enter an order prescribing the step
memorandum to be made. His reso
in consultas shall be conclusive and
all Registers of Deeds, provided, th
interest who disagrees with the fi
ruling or order of the Commissio
consultas may appeal to the Cou
within the period and in manne
Republic Act No. 5434.
CHAPTER XVIFINAL PROV
Section 118. Appropriation. The
appropriated initially the sum of TWE
THREE HUNDRED FORTY THOU
(P12,340,000.00) from the Nationa
otherwise appropriated for the imp
this decree; thereafter, said sum sh
the regular appropriation act of ever
Section 119. Postage exemption
stamps or mailing charges shall be
matters transmitted by the Land
Commission or any of its Registry o
implementation of Sections 21, 40,
117 of this Decree.
Section 120. Repealing clause. All
orders, rules and regulations, or pa
conflict or inconsistent with any of th
this Decree are hereby repealed
accordingly.
Section 121. Separability clause. In
any provision of this Decree
unconstitutional, the validity of the r
not be affected thereby.
Section 122. Effectivity. This Dec
effect upon its approval.
Done in the City of Manila, this 11th

the year of Our Lord, nineteen

seventy-eight.
The Lawphil Project - Arellano Law Foundation