2. Land Registration and Title Reconstitution - Dec11

LAND REGISTRATION AND TITLE RECONSTITUTION PREPARED BY: ATTY. ARLYN JOY C. ALLOSA-ALABA, REA, REB

Land registratin a!t"rit#  

Government agency mandated to protect the Torrens System Syst em of of land land title registration Central repository of all land records  It keeps the title history  or records of transaction 

involving titled or registered lands 

It issues decrees of registration proceedings and causes the issuance by the register of deeds the corresponding certicate of title

Register $ deeds  

Field ocers of Land egistration !uthority that serves the registration and issuance of titles and any other form of registration registra tion such as mortgage" liens and adverse claims to the title# It is an agency under the $epartment of %ustice#

Trrens S#ste%  

System of dening o&nership of land through registration and issuance of Title &ith the follo&ing purposes'  To (uiet title to the  To the land  )vidence of o&nership  Identify boundaries of land 

Certi&'ate $ tit(e  

! document *instrument evidencing o&nership over a parcel of land &hich is issued only by the egister egister of $eeds &here the land is located# It is issued in duplicate" the original being reta retained ined under custodial by the egister egister of $eeds and the duplicate being issued to the o&ner#

Origina( Certi&'ate $ Tit(e  

First title issued to a parcel of land &hich is ac(uired through +udicial and administrative procedures

Trans$er Certi&' Certi&'ate ate $ Tit(e Tit(e  

Subse(uent issuance of title from the original title

Ste)s in (and registratin Land survey !pproval of plan by the director of regional technical director &ho has +urisdiction in the place &here the property is located Filing of application and led at the regional trial court of the province &here the property is located

,# -#

.#









/riginal plan in the tracing cloth or $ia0e polyester lm of the director of lands*regional lands director or the authori0ed person plus - e1tra print copies of the plan  Three copies of technical description veried and certied certie d by the egional Technical Technical $irector or o r his authori0ed a uthori0ed ocial ocia l representative &hich conforms &ith LC circular no# .23  Three copies of certicates coming from surveyor surveyo r or Geodetic )ngineer or certicate of non4availability non4av ailability from egional Technical Technical $irector Four copies of latest ta1 declaration or assessment certicate from assessor5s oce &here the property is located

Ste)s in (and registratin  

 The application should should contain the follo&ing !# 6#

C# $# )# F#

Lot description Civil status of applicant" if married" name of spouse" if separated" &here" &hen" &hat court gave the separation decision Legal guardian if the applicant is minor including name and address !pplicant5s citi0enship If minor" statement of parents Full name and address of the applicant" name of present occupants and name of ad+oining lot o&ners if kno&n" if not kno&n" statement of ho& to nd the o&ners of ad+oin properties

Ste)s in (and registratin 7#

3#

2#

Clerk of Court &ill give Land egistration Case# 8o# 9pon acceptance of application  The court &ill schedule the date and time of hearing of application in compliance &ith sec -. :$ ,3-; and LC circular nol .3.# The court order of rst hearing &ill be sent to t o L! L! including the duplicate copy of application" original or certied copy of plan in tracing cloth" duplicate original copy of technical description" surveyor5s certicate" latest ta1 declaration" proof of payment of publication fee in an /cial Ga0ette  The notice of initial hearing proposed by L! L! should be published once in an /cial Ga0ette and once in the ne&spaper of general publication or circulation in the :hilippines # The amount of publication is :," lot &ith the additional addi tional of :.--#3< for and in e1cess of the rst lot to be paid to the Clerk of Court upon ling of application# The amount &ill be given to the $irector of the 8ational :rinting /ce"

Ste)s in (and registratin !ll persons &ho claim o&nership or interest in the land should le an opposition to the court so he &ill be heard# @#  The applicants and oppositions must sho& proofs of o&nership in time of hearing# ;# !fter hearing" the court &ill render decision in favor of the person &ho can prove prove his o&nership# o&nership# If the decision is nal" the Court &ill give order to the !dministrator of the LS to give $ecree of egistration to said claimant# !fter ter receiving the Court C ourt order" the administrator of L L! ! &ill give , ,7#> 6e e1tra careful if there are blanks not lled4up or are &ith the initials i nitials 8#!# meaning 8/T 8 /T !D !D!IL!6L) on the historical data of the title# ,3#> Check if the last t&o or three digits of the TCT number should be identical to the page number# number#

Pointers on how to detect det ect fake and/or spurious title: ,2#> The year &hen the +udicial form form &as used or revised should be before the date &hen the title &as issued" e1cept in cases of reconstituted titles# ,?#> The form sho& obvious &atermarks that cannot be duplicated by any means# ,@#> The TCT also sports a decorative border called the Intaglio &hich is a design" gure or ornamentation carved" engraved or etched into the surface of the material used#

Pointers on how to detect det ect fake and/or spurious title: ,;#> 9pon closer inspection of the TCT" TCT" bers of the paper material used in the forms are are observable# $iKerent colored colored circular patterns are also seen on a legitimate legiti mate TCT TCT## These are calle called d planche planchettes ttes and they serve a special purpose# - For e4titles" a computeri0ed +udicial form contains a  +udicial form number" number" control number" number" a barcode" as &ell as a &atermark security feature# 8ote' In negotiations" do not rely on a photocopy of the purported certicate certicate of title# !sk !sked ed for a certied electronic copy thereof from the egistry of $eeds#

 Thank you for listening and have a nice day