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Bulayo, Mae Grace

Fernandez, Diyosa Anjenel
Raras, Angelica L.
1. It is not necessary to register a tax lien because it is automatically registered. Once
the tax accrues, by virtue of section 44 expressly provides that every person
receiving a certificate of title in pursuance of a decree of registration and every
subsequent purchaser of registered land who takes a certificate of title for value in
good faith shall hold the same free of all encumbrance except those noted on said
certificate and any of the following encumbrances which may be subsisting.

2. To effectuate the sale, the following must concur:

a) The Register of Deeds shall not issue any Transfer Certificate of Title to the
grantee until a plan of such land showing the portion or portions into which it
has been subdivided and the corresponding technical descriptions shall have
been verified and approved

b) The deed of conveyance may in the meanwhile be annotated by way of

memorandum on the grantors certificate of title, which shall serve as notice to
third persons on the fact of conveyance to show and recognize the grantees
title to the portion thus conveyed pending actual issuance to him of the
corresponding transfer certificate of title.

c) Upon approval of the plan and technical descriptions of the specific portions
into which the land has been subdivided, the same shall be filed with the
office of the Register of Deeds for annotation on the corresponding certificate
of title.

d) The Register of Deeds shall issue a new Transfer Certificate of Title to the
grantee for the portion conveyed to him upon cancellation of the grantors
certificate as to said portion

e) But if the grantor so desires, his certificate of title may be totally cancelled
and a new one issued to him for the remaining portion of the land

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f) Pending approval of the plan, no further registration or any annotation of any
deed or voluntary instrument affecting the unsegregated portion shall be made
by the Register of Deeds except where such portion was purchased from the
government or any of its instrumentalities

3.
No, the Register of Deeds is not justified in issuing new certificates of title relying
only on the technical descriptions provided by the courts.
According to the case of Alfonso v. Office of the President Register of Deeds to
issue a new certificate of title, she must require the submission of the approved subdivision
plan together with the approved technical descriptions and the corresponding owners
duplicate certificate of title. Therefore, she could not have dispensed with the submission of
the subdivision plan and relied solely on the technical descriptions provided in the courts
Order.
4.
In the case of ASB Realty v. Ortigas the owner by acquiring the parcel of land with
notice of the covenants contained in the Deed of Sale between the vendor and the vendee,
the owner bound itself to acknowledge and respect the encumbrance.
However, the limitation is that, If the petitioner did not step into the shoes of the
vendee as a party in the Deed of Sale, the annotation of the covenants contained in
the Deed of Sale will not give rise to a liability on the part of the petitioner as the
purchaser/successor-in-interest without its express assumption of the duties or obligations
subject of the annotation. The annotation therefore, was only a notice to the
purchaser/successor-in-interest of the burden, claim or lien subject of the annotation.
5.
A "lien" is a charge on property usually for the payment of some debt or obligation. A
"lien" is a qualified right or a proprietary interest, which may be exercised over the property
of another. It is a right which the law gives to have a debt satisfied out of a particular
thing. It signifies a legal claim or charge on property, either real or personal, as a collateral
or security for the payment of some debt or obligation.

An "encumbrance is a burden upon land, depreciative of its value, such as a lien, easement,
or servitude, which, though adverse to (the) interest of (the) landowner, does not conflict
with his conveyance of (the) land in fee."
The following are considered encumbrances: A claim, lien, charge, or liability attached to
and binding real property; e.g., a mortgage, judgment lien, lease, security interest,
easement or right of way, accrued and unpaid taxes. A lien is already an existing burden or
charge on the property while a notice of lis pendens, as the very term connotes, is only a
notice or warning that a claim or possible charge on the property is pending determination
by the court.

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A notice of lis pendens is an announcement to the whole world that a particular real property
is in litigation, serving as a warning that one who acquires an interest over the said property
does so at his own risk, or that he gambles on the result of the litigation over the said
property. It is but a signal to the intending buyer or mortgagee to take care or beware and to
investigate the prospect or non-prospect of the litigation succeeding before he forks down
his money. A notice of lis pendens, or a pending litigation, or the fact that the property is
under litigation is not within the purview of what is legally considered a lien or encumbrance.
The term notice of lis pendens is a distinct concept, as differentiated from the term lien or
encumbrance.
6.
The purpose of sec. 44 of P.D 1529 is to give to the person registering, and to his
transferee for value, an absolutely clean title, not one subject to hidden defects, to
undeveloped or inchoate claims, to any sort of restriction, limitation or reduction.
However in exception to those named in the certificate of registration or Liens,
claims or rights arising or existing under the laws and Constitution of the Philippines which
are not by law required to appear of record in the Registry of Deeds in order to be valid
against subsequent purchasers or encumbrances of record; Unpaid real estate taxes levied
and assessed within two years immediately preceding the acquisition of any right over the
land by an innocent purchaser for value, without prejudice to the right of the government to
collect taxes payable before that period from the delinquent taxpayer alone; Any public
highway or private way established or recognized by law, or any government irrigation canal
or lateral thereof, if the certificate of title does not state that the boundaries of such highway
or irrigation canal or lateral thereof have been determined.; Any disposition of the property
or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or
any other law or regulations on agrarian reform.
7.
Under Section 44 of PD 1529, every registered owner receiving a certificate of title
pursuant to a decree of registration, and every subsequent purchaser of registered land
taking such certificate for value and in good faith shall hold the same free from all
encumbrances, except those noted and enumerated in the certificate. Thus, a person
dealing with registered land is not required to go behind the registry to determine the
condition of the property, since such condition is noted on the face of the register or
certificate of title. Following this principle, the Court has consistently held as regards
registered land that a purchaser in good faith acquires a good title as against all the
transferees thereof whose rights are not recorded in the Registry of Deeds at the time of the
sale.
8.
In a Simple Subdivision Plan there is no road delineation, the provision of an open
space is optional and should consist of less than a hectare while in Complex Subdivision Plan
road, street, passageway or open space is delineated and open spaces should be more than
1 hectare.
9-10. A. Annotations on TCT 123 need not be carried over to the new title of I. In ABS
Realty vs Ortigas, the Court held that annotations on TCT bound the petitioner but not to the
extent that rendered the petitioner liable for the non-performance of the covenants
stipulated in the Deed of Sale. Furthermore, between two involuntary documents, the earlier
entry prevails. Ordinarily, the notice of lis pendens entered into and H adverse claim

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annotated both registered prior to I 's adverse claim which was entered are entitled to
precedence over the latter. However, inasmuch as the aforesaid lis pendens refers to Lot 3
(redesignated as Lot 5) and Hs adverse claim to Lot 1, Block 5, notwithstanding their prior
registration, they cannot affect I's adverse claim over Lot 6, Block 4
B. No. Where an adverse claim was annotated without a showing that the alleged grantor
refused to surrendered its duplicate certificate of title for the annotation of said instrument
the said inscription is not valid. The basis of respondent I's adverse claim was an
agreement to sell executed in his favor by ABC Realty. As such voluntary instrument, Section
50 of Act No. 496 expressly provides that the act of registration shall be the operative act to
convey and affect the land. And Section 55 of the same Act requires the presentation of the
owner's duplicate certificate of title for the registration of any deed or voluntary instrument.
As the agreement to sell involves an interest less than an estate in fee simple, the same
should have been registered by filing it with the Register of Deeds who, in turn makes a brief
memorandum thereof upon the original and owner's duplicate certificate of title. In this case,
it does not appear that I attempted to register the agreement to sell under the provisions
of Act No. 496 and that the registered owner, ABC Realty, refused to surrender the duplicate
certificate for the annotation of said instrument. Instead, I merely filed an adverse claim
based on said agreement to sell. Considering that the Land Registration Act prescribes the
procedure for the registration of Is interest less than an estate in fee simple on the
disputed lot and there being no showing of his inability to produce the owner's duplicate
certificate, the remedy which was resorted to by I, is, therefore, ineffective for the purpose
of protecting her right or interest on the disputed lot.

C. Inasmuch as the adverse claim filed by I was not valid, the same did not have the effect
of a conveyance of her right or interest on the disputed lot and could not prejudice any right
that may have arisen thereafter in favor of third parties. Consequently, the attachments of J,
H, and K of the Court of First Instance covering the disputed lot are superior to that acquired
by I and will have to be carried over to the new title to be issued in his favor . ( LEVISTE V
NOBLEJAS, GR-L 28529)