On the correction of COT

Life Homes Realty vs. Court of Appeals (516 SCRA 6) Corrections in Plans
The Court agrees with the CA that such defects in plans prepared in connection with areas adjudicated
in ordinary or voluntary registration proceedings may be corrected after the cadastral survey in
accordance with Sec. 108 of P.D. No. 1529, thus:
SEC. 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon
the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the
same by Register of Deeds, except by order of the proper Court of First Instance. A registered owner or other person
having an interest in registered property, or, in proper cases, the Register of Deeds with the approval of the
Commissioner of Land Registration, may apply by petition to the court upon the ground that registered interests of
any description, whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and
ceased; or that new interest not appearing upon the certificate have arisen or been created; or that an omission or
error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; . . . or upon
any other reasonable ground; and the court may hear and determine the petition after notice to all parties in interest,
and may order the entry or cancellation of a new certificate, the entry or cancellation of a memorandum upon a
certificate, or grant any other relief upon such terms and conditions, requiring security or bond if necessary, as it
may consider proper; Provided, however, That this section shall not be construed to give the court authority to
reopen the judgment or decree of registration, and that nothing shall be done or ordered by the court, which shall
impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and
assigns, without his or their written consent. . . .

All petitions or motions filed under this Section as well as under any other provision of this Decree after
original registration shall be filed and entitled in the original case in which the decree or registration was
entered.
The last paragraph above provides that a petition for correction shall be filed and entitled in the original
case in which the decree of registration was entered. As stated by the CA, the jurisdiction to entertain the
petition lies with the Land Registration Court which heard and decided the voluntary registration
proceedings filed by private respondent. The rule aims to prevent confusion and to avoid difficulty in
tracing the origin of entries in the registry. (Noblejas, Registration of Land Titles and Deeds, 1986 ed., p.
190.11)

On who has Jurisdiction to Entertain the Petition

Sec. 34. (RA 7691, amending BP 129) Delegated Jurisdiction in Cadastral and Land Registration Cases.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by
the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no
controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand
pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the corresponding tax declaration of the real property.
Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial
Courts."

Manotok Realty Inc. vs. CLT Realty Devt. Corp. Jurisdiction of Cadastral Courts
[G.R. No. 123346. December 14, 2007.]
The reality that cadastral courts may have jurisdiction over lands already registered in ordinary land

registration cases was acknowledged by this Court in Pamintuan v. San Agustin. 43 Phil. 558 (1922).
Such jurisdiction is "limited to the necessary correction of technical errors in the description of the lands,
provided such corrections do not impair the substantial rights of the registered owner, and that such
jurisdiction cannot operate to deprive a registered owner of his title."

Required Documents for Annotation of Sale

BIR CAR / Tax Clearance Certificate Supporting Document
Deed of Absolute Sale
Main Document/Instrument
Owners Duplicate Copy of Title Supporting Document
Realty Tax Clearance
Supporting Document
Tax Declaration (Certified Copy)
Supporting Document
Transfer Tax Receipt/Clearance
Supporting Document