Torrens Certificate of Title

Definition an instrument issued by the Registrar of Deeds of the place where the
land is located, declaring the owner in fee simple of certain real property described
therein, free from all liens and encumbrances, except such as may be expressly
reserved or noted therein.
Kinds of Title
Original certificate issued for the first time after the land has been
adjudicated and decreed in the name of its owner in
original or initial registration proceedings by the Registrar
of Deeds where the land lies pursuant to the decree of
registration issued by the Administrator of the NALTDRA.
Transfer certificate issued after the cancellation of the original certificate of
title when the land is transferred by the registered owner
by reason of sale or otherwise.
It conveys the land already under the operation of the
Torrens system from one person to another.
Enforceability
An original certificate of title is made valid and enforceable against the
whole world.
Based upon final judgment promulgated by a court of competent
jurisdiction after due publication, notice and hearing.
.
An Innocent purchaser for value. Is a holder in good faith and for valuable
consideration. If a buyer neglects to perform the necessary diligence a prudent man
would have in purchasing property he cannot be held to be in good faith.
Probative value
Absolute, indefeasible and imprescriptible
Mere possession cannot defeat the title of a holder of a registered
Torrens title to real property (J.M. Tuason & Co., Inc. vs. Court of Appeals,
1979, 93 SCRA 146)
A decree of registration bars all claims and rights which arose or may
have existed prior to the decree of registration. (Ferrer-Lopez vs. Court of
Appeals, supra)
A person holding the oldest valid title has the greatest weight in evidence
and is entitled to have the best right to claim ownership of the land.

Who Are Entitled to a Duplicate Certificate of Title?

Registered owner

the owners duplicate certificate of title shall be delivered

to the registered owner or to his duly authorized
representative (Sec 41, PD 1529.)

Co-owner

If two or more persons are registered owners, one owners

duplicate may be issued for the whole land, OR, if the coowners so desire, a separate duplicate may be issued to
each of them in like form.
a co-owner has no right to sell a divided part, by metes
and bounds, of the real estate owned in common (Lopez
vs. Ilustre, 1906, 5 Phil. 567).

Remedy when the Duplicate is Lost

In case of loss or theft of an owners duplicate certificate of title, due notice
under oath shall be sent by the owner or by someone in his behalf to the
Registrar of Deeds of the province or city where the land lies as soon as the
loss or theft is discovered. (Section 109 of P.D. 1529)
The court may, after notice and due hearing, direct the issuance of a new
duplicate certificate, which shall contain a memorandum of the fact that it is
issued in place of the lost duplicate certificate, but shall in all respects be
entitled to like faith and credit as the original duplicate.
Effects of Issuance of Title
(1) The land is placed under the operation of the Torrens system
(2) The land is relieved from all claims except those noted thereon.
If a building on the land belongs to another person, he must appear during
the hearing to ask the court that his title thereto be entered in the decree of
registration, or his right is forever barred
Amendment or Correction of Title The petition for the purpose may be filed by
the registered owner or other person in interest and
entitled in the original case in which the decree of
registration was entered.
land registration proceedings are as distinct and separate from ordinary
civil action (Cavan vs. Wislizenus, 43 Phil. 632, [1926])
Court Jurisdiction to Entertain Petition For Amendment under Sec. 112, Act
496 (now Section 108 of P.D. 1529)

The court has still jurisdiction to entertain petitions for its alteration or
amendment under the following conditions:

The petition shall be filed by the registered owner or other person in

interest.
The Registrar of Deeds is considered a person in interest
The petition must be based on the grounds enumerated in Section 108,
P.D. 1529
Filed and entitled in the original case in which the decree of
registration was entered.
After notice to all parties in interest.
There is unanimity among the parties for relief to be granted.
The court does not have authority to open the original decree of
registration nor can it impair the title or other interest of a purchaser
holding a certificate for value and in good faith, or his heirs or assigns,
without his or their written consent

Grounds Invoked Under Section 108 of P.D. 1529

That an error or omission was made therein
A registered interest is terminated
That new rights have arisen which do not appear on the certificate
The name or status of a person mentioned in the certificate has been
changed
Upon any other reasonable ground.

Grounds for Cancellation of Title

1.) The title is void
Fraud. Land already covered by a prior Torrens title. Land reserved
for military, naval or civil public purposes. Land which has not been
brought under the registration proceeding.
2.) The title is replaced by one issued under a cadastral proceeding
3.) The condition for its issuance has been violated by the registered owner
Reconstitution

is the restoration of the instrument or title allegedly lost or

destroyed in its original form and condition.

Elements for reconstitution:

Certificate of title has been lost or destroyed
Petitioner is the registered owner or has an interest therein
Certificate of title was in force at the time it was lost or destroyed
Reconstitution may be done administratively or through the courts. At present,
administrative reconstitution is governed by Republic Act No. 6732 while judicial
reconstitution is governed by P.D. 1529

Recovery of Certificate of Title Considered Lost

Where both titles appear in name of same registered owner the recovered
title shall prevail over the reconstituted certificate. All new liens or encumbrances
are transferred to the recovered title, and after cancellation of the reconstituted title
a new one is made reflecting the recovered title where cancellation of the latter
follows.
Where both titles are NOT in name of same person the Registrar of Deeds
should bring the matter to the attention of the proper Regional Trial Court, which
after due notice and hearing, shall order the cancellation of the reconstituted
certificate of title and render, with respect to the memoranda of new liens or
encumbrances, if any, made on the reconstituted certificate of title, after its
reconstitution, such judgment as justice and equity may require.
Judicial Reconstitution Filed in duplicate with the Regional Trial Court of the
province or city in which the property is situated. This is an in
rem proceeding. The registered owner, his assigns, or any
person having an interest in the property may petition.