Presentation on Detecting Fake and Spurious2

“UNDERSTANDING “UNDERST ANDING LAND

REGISTRATION: How To Read And Interpret Titles ” Rhandolfo B. Amansec Chief, Inspection and Investigation Division

November 24, 2009

“UNDERSTANDING “UNDERST ANDING LAND

REGISTRATION: How To Read And Interpret Titles ” Rhandolfo B. Amansec Chief, Inspection and Investigation Division

November 24, 2009

A. Guidelines and Tools for Detecting Fake/Spurious Ti Titles tles

A. Guideli Guidelines nes and Tools Tools for for Detecting Fake/Spurious Titles 1. Check the the judicial judicial form. form.

a. Identify overt features of the form (i.e. watermark,

color of fibers, planchettes, intaglio on the borders) Like the Philippine Currency, the Bangko Sentral ng  Pilipinas  is in charge of exclusively printing the judicial form used in the preparation of the title. Not only are there visible features ( i.e. watermark, colors of fibers, planchettes, intaglio  on the borders ) on the face of the paper used, but every piece of these forms also has an assigned serial number.

Identify overt features of the form L R A

L R A

L R A

L R A L R A L R A

L R A

L R A L R A L R A L R A L R A

L R A

L R A

Identify overt features of the form

Identify overt features of the form

b. Identify the kind of form and its uses and purposes including the judicial form number There are fifty (50) different kinds of judicial forms being used in preparing a title depending on the use/purpose of its issuance, thus, in the preparation of the title, there is a particular judicial form to be used corresponding to the mode (i.e. titles issued by administrative or judicial process) the original title is issued. In the preparation of the title the following consideration is observed.

•

Titles are either issued under the administrative  or  judicial  proceedings and certificates of titles are either original or transfer certificate of title. There is a corresponding title/judicial form used in the preparation of a transfer certificate of title (TCT) derived from a title that was issued under the judicial proceedings. In the same manner, a corresponding title/judicial form is used in preparing a TCT derived from a title that was issued under the administrative proceedings. The title form intended for its titles issued under the administrative proceedings cannot be used in the preparation of title derived by judicially issued titles.

•

Other consideration includes, among others, whether or not the title is reconstituted, reconstituted patent, etc.

A judicial form number is assigned to every judicial form according to its purpose. This number is printed on the upper left-hand corner of all the form .

Example: If the TCT would emanate from a title that was issued pursuant to a Decree, the judicial form that will be used in the preparation of the TCT is Judicial Form  109 for the Original copy of  the TCT, while Judicial  Form 109-D is used for the  Owner’s Duplicate. In similar manner, for titles  emanating from public land  patents, Judicial Form No. 140 for the Original copy  and Judicial Form No. 140-D  for the Owner’s Duplicate.

Example: If the TCT would emanate from a title that was issued pursuant to a Decree, the judicial form that will be used in the preparation of the TCT is Judicial Form  109 for the Original copy of  the TCT, while Judicial  Form 109-D is used for the  Owner’s Duplicate. In similar manner, for titles  emanating from public land  patents, Judicial Form No. 140 for the Original copy  and Judicial Form No. 140-D  for the Owner’s Duplicate.

Example: If the TCT would emanate from a title that was issued pursuant to a Decree, the judicial form that will be used in the preparation of the TCT is Judicial Form  109 for the Original copy of  the TCT, while Judicial  Form 109-D is used for the  Owner’s Duplicate. In similar manner, for titles  emanating from public land  patents, Judicial Form No. 140 for the Original copy  and Judicial Form No. 140-D  for the Owner’s Duplicate.

Example: If the TCT would emanate from a title that was issued pursuant to a Decree, the judicial form that will be used in the preparation of the TCT is Judicial Form  109 for the Original copy of  the TCT, while Judicial  Form 109-D is used for the  Owner’s Duplicate. In similar manner, for titles  emanating from public land  patents, Judicial Form No. 140 for the Original copy  and Judicial Form No. 140-D  for the Owner’s Duplicate.

FORMS FOR ORIGINAL CERTIFICATE OF TITLE Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form Judicial Form

11 11-D 54 54-D 67 67-D 107 107-D 108 108-D 45

Judicial Form 67-D

-Sales Patent - (for original copy) -Sales Patent - (for owner’s duplicate) -Free Patent - (for original copy) -Free Patent - (for owner’s duplicate) -Homestead Patent - (for original copy) -Homestead Patent - (for owner’s duplicate) -Ordinary Judicial - (for original copy) -Ordinary Judicial - (for owner’s duplicate) -Cadastral (Judicial)- (for original copy) -Cadastral (Judicial)- (for owner’s duplicate) -General form for Special Patent or for Reclaimed area (for original copy) -General form for Special Patent or for Reclaimed area (for owner’s duplicate)

FORMS FOR TRANSFER CERTIFICATE OF TITLE

Judicial Form 109

-Ordinary & Cadastral Title (for original copy)

Judicial Form 109-D -Ordinary & Cadastral Title (for owner’s duplicate) Judicial Form 140

-Patent titles (for original copy)

Judicial Form 150

-Additional Sheet (for annotation of  encumbrances )

OTHER FORMS FOR CERTIFICATE OF TITLE LRC Form 1 LRC Form 1-A LRC Form 1 LRC Form 1-A Judicial Form 11 Judicial Form 11-D Judicial Form 11-D Judicial Form 11-D

-Condominium Certificate of title (for original copy) -Condominium Certificate of title (for owner’s duplicate) -Condominium Certificate of title (for original copy) -Reconstituted Condominium Certificate of title (for owner’s duplicate copy) -Sales Patent (Reconstituted) (for original copy) -Sales Patent (Reconstituted) (for owner’s duplicate) -Sales Patent (co-owners duplicate copy) -Sales Patent (new Owner duplicate copy pursuant to Order of the Court)

OTHER FORMS FOR CERTIFICATE OF TITLE Judicial Form 54 Judicial Form 54-D Judicial Form 54-D Judicial Form 54-D Judicial Form 67 Judicial Form 67-D Judicial Form 67-D Judicial Form 67-D

-Free Patent (Reconstituted) (for original copy) -Free Patent (Reconstituted) (for owner’s duplicate) -Free Patent (for co-owners duplicate) -Sales Patent (new Owner duplicate copy pursuant to Order of the Court) -Homestead Patent (Reconstituted) (for original copy) -Homestead Patent (Reconstituted)(for  owner’s duplicate) -Homestead Patent (for co-owner’s duplicate copy) -Homestead Patent (new Owner duplicate copy pursuant to Order of the Court)

OTHER FORMS FOR CERTIFICATE OF TITLE Judicial Form 107 Judicial Form 107-D Judicial Form 107-D Judicial Form 107-D Judicial Form 108 Judicial Form 108-D Judicial Form 108-D Judicial Form 108-D

-Ordinary Judicial (Reconstituted) (for original copy) -Ordinary Judicial (Reconstituted) (for owner’s duplicate) -Ordinary Judicial (c0-owner’s duplicate copy) -Ordinary Judicial (new Owner duplicate copy pursuant to Order of the Court) -Cadastral (Judicial) Reconstituted (for original copy) -Cadastral (Judicial) Reconstituted (for owner’s duplicate) -Cadastral (Judicial) Reconstituted (co- owner’s duplicate copy) -Cadastral (Judicial)(new Owner duplicate copy pursuant to Order of the Court)

OTHER FORMS FOR CERTIFICATE OF TITLE Judicial Form 109 Judicial Form 109-D Judicial Form 109-D Judicial Form 109-D Judicial Form 140 Judicial Form 140-D Judicial Form 140-D Judicial Form 140-D Judicial Form 45 Judicial Form 45-D

-Ordinary (Judicial) Reconstituted (for original copy) -Ordinary (Judicial) Reconstituted (for owner’s duplicate) -Ordinary (Judicial) (co- owner’s duplicate copy) -Ordinary (Judicial) (new Owner duplicate copy pursuant to Order of the Court) -Patent titles (Reconstituted) (for original copy) -Patent titles (Reconstituted) (for owner’s duplicate) -Patent titles (Reconstituted) (co-owner’s duplicate copy) -Patent (new Owner duplicate copy pursuant to Order of the Court) -General form for Special Patent or for Reclaimed area (for original copy) -General form for Special Patent or for Reclaimed area (for owner’s duplicate copy)

c. Check if the date of issuance of title is consistent with the date the title form was printed. The judicial form number is printed at the top on the upper left portion of the face of the title. Also, printed below the judicial form number is the year the title-form was printed or revised. If the title showed that the date of issuance is not consistent with the date the title-form was printed, then there is ground for suspicion.

Example: The date of the issuance of the title is in the year 1970 (e.g. Sept. 3, 2004 shown on the lowest part of  the title before the  signature of the ROD) but the date of the revision of the judicial  form was in 2000.

A. Guidelines and Tools for Detecting Fake/Spurious Titles 1. Check the judicial form. 2. Check the serial number.

Check the Serial Number

A. Guidelines and Tools for Detecting Fake/Spurious Titles 1. Check the judicial form. 2. Check the serial number. 3. Check the TCT number.

Check the TCT Number

A. Guidelines and Tools for Detecting Fake/Spurious Titles 1. Check the judicial form. 2. Check the serial number. 3. Check the TCT number. 4. Compare the owner’s duplicate with the original title on file.

Compare the Owners Duplicate with the Original

A. Guidelines and Tools for Detecting Fake/Spurious Titles 1. Check the judicial form. 2. Check the serial number. 3. Check the TCT number. 4. Compare the owner’s duplicate with the original title on file. 5. Check the last two digits of the title number.

Check the last two digits of the title number

A. Guidelines and Tools for Detecting Fake/Spurious Titles 1. Check the judicial form. 2. Check the serial number. 3. Check the TCT number. 4. Compare the owner’s duplicate with the original title on file. 5. Check the last two digits of the title number. 6. Check the initials and signatures of the authorities.

Check the Signatures & Initials of the Authorities

A. Guidelines and Tools for Detecting Fake/Spurious Titles 7. Take note that the titled property must be covered by a Tax Declaration. Check the records of the Assessor’s Office of the province and municipality where the land is situated including payment of realty tax. 8. A tracing-back of the title in the Office of  the Register of Deeds is the best recourse. (at least 3 trace back)

TRACE BACK

A. Guidelines and Tools for Detecting Fake/Spurious Titles 7. Take note that the titled property must be covered by a Tax Declaration. Check the records of the Assessor’s Office of the province and municipality where the land is situated including payment of realty tax. 8. A tracing-back of the title in the Office of  the Register of Deeds is the best recourse. (at least 3 trace back) 9. Be extra careful if there are blanks not filled-up or are indicated with the initials N.A., meaning, NOT AVAILABLE, on the historical date of the title.

A. Guidelines and Tools for Detecting Fake/Spurious Titles 10. Check the Enumeration Book or logbook which contains information, among others, on the personnel assigned to prepare the title on a certain date and serial number of the judicial form used in the preparation of the title, names of  vendor and vendee, former title number, lot number, entry number, location of  property, area square meter, selling prize and new title number.

B. Other Methods for Detecting Fake Titles

B. Other Methods for Detecting Fake Titles 1. Acetate Method

ACETATE METHOD

B. Other Methods for Detecting Fake Titles 1. Acetate Method 2. Light Exposure Method

Light Exposure Method

C. REGISTRATION PROCEDURE IN GENERAL

C. REGISTRATION PROCEDURE IN GENERAL 1. Entry of the document in the primary entry or day book, accompanied by all supporting documents applicable to the transaction.  If the registrant is a corporation, a Secretary’s Certificate confirming the authority of the representative to act for and in behalf of the corporation is required. 2. Payment of the entry and registration fees. 3. Surrender of the owner’s duplicate certificate and all co-owner’s duplicates if any had been issued. 4. Examination of the document, certificate of title and supporting papers by a deeds examiner. 5. Review by the register of deeds of the action taken by the deeds examiner. 6. Registration of the document or registration by the register of deeds.

denial

of

its

D. SYSTEMS OF TITLE REGISTRATION

D. SYSTEMS OF TITLE REGISTRATION (1)Torrens system (2)Registration system for unregistered lands under Sec. 194 of the Revised Administrative Code as amended by Act 3344, now covered by Section 113 of P.D. 1529. The third system before, which was known as the Spanish Mortgage Law system of Title Registration, has been abolished by the present Property Registration Decree.

SECTION 113. Recording of instruments relating to unregistered lands. x x x It shall be understood that  any recording made under this section shall be without prejudice to a third party with a better  right.”  (Italics supplied). The words “without prejudice to a third party with a better  right ” means that the mere registration of a sale in one’s favor does not give him any right over the land if the vendor was not anymore the owner of the land having previously sold the same to somebody else even if the earlier sale was unrecorded. This is because the purchaser of unregistered land at a sheriff’s execution sale only steps into the shoes of the judgment debtor, and merely acquires the latter’s interest in the property sold as of the time the property was levied upon. Thus, the execution sale of the unregistered land in favor of a party is of no effect if the land no longer belonged to the judgment debtor as of the time of the said execution sale (Radiowealth Finance Co. vs. Palileo, 1991, 197 SCRA 245, 249-250 citing Carumba vs. Court of Appeals, 1970, 31 SCRA 558).