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MALACAANG
Manila
PRESIDENTIAL DECREE No. 1529
AMENDING AND CODIFYING THE
TO REGISTRATION OF PROPERTY
PURPOSES
WHEREAS, there is a need to u
Registration Act and to codify the var
registration of property, in order to
implementation of said
WHEREAS, to strengthen the Tor
deemed necessary to adopt safeg
anomalous titling of real property, an
simplify registration proceedings an
certificates of title
WHEREAS, the decrees promulga
registration of certificates of lan
emancipation patents issued pursu
Decree No. 27 to hasten the implem
reform program of the country form a
property registration l
NOW, THEREFORE, I, FERDINA
President of the Republic of the Phil
the powers vested in me by the Con
order and decree the fo
CHAPTER I GENERAL PR
Section 1. Title of Decree. This Decr
the PROPERTY REGISTRATION DE
Section 2. Nature of registration pro
of courts. Judicial proceedings for the
throughout the Philippines shall be
based on the generally accepted prin
Torrens system.
Courts of First Instance shall have
over all applications for original registr
including improvements and interests
petitions filed after original registratio
to hear and determine all questions
applications or petitions. The court thr
shall furnish the Land Registration C
certified copies of all pleadings, e
decisions filed or issued in application
registration, with the exception of
within five days from the filing or issua
Section 3. Status of other pre-exist
system. The system of registration
Mortgage Law is hereby discontin
recorded under said system which ar
Torrens title shall be considered as un
Hereafter, all instruments affectin
registered under the Spanish Mor
recorded under Section 113 of this D
shall have been brought under the ope
system.
The books of registration for unregis
under Section 194 of the Revised Adm
amended by Act No. 3344, shall co
force; provided, that all instrum
unregistered lands shall henceforth
Section 113 of this Decree.
CHAPTER II THE LAND RE
COMMISSION AND ITS REGIST
Section 4. Land Registration Commis
a more efficient execution of the
registration of lands, geared to
accelerated land reform and social ju
government, there is created a commi
the Land Registration Commission
supervision of the Department of Just
Section 5. Officials and employees
The Land Registration Commission s
an assistant chief to be known, r
Commissioner and the Deputy Com
Registration who shall be appointed b
Commissioner shall be duly qualif
Philippine Bar with at least ten years o
profession, and shall have the same
and privileges as those of a Judge
Instance. The Deputy Commissioner
the same qualifications as thos
Commissioner, shall receive compen
three thousand pesos per annum le
Commissioner. He shall act as Co
Registration during the absence
Commissioner and when there is a va
until another person shall have b
appointed in accordance with
Commissioner shall also perform suc
the Commissioner may assign to him
They shall be assisted by such num
as may be necessary in the interest
the Commission, by a Special
Commissioner, and by a Chief Geo
shall each receive compensation a
thousand four hundred pesos per ann
the Deputy Commissioner.
All other officials and employees of th
Commission including those of the
whose salaries are not herein pro
salaries corresponding to the minimu
upgraded ranges as provided unde
Budget Circular No. 273, plus sixty
across the board, notwithstanding t
allowed for their respective civil servic
The salaries of officials and employ
Decree shall be without prejudice t
adjustments as may from time to tim
President or by the legislature to gove
All officials and employees of the
Registers of Deeds shall be appointe
Justice upon recommendation of th
Land Registration.
Section 6. General Functions.
(1) The Commissioner of Land Regis
following functions:
(a) Issue decrees of registration
judgments of the courts in land regi
and cause the issuance by the Regis
corresponding certificates of title;
(b) Exercise supervision and control
Deeds and other personnel of the Com
(c) Resolve cases elevated en consu
from decision of, Registers of Deeds;
(d) Exercise executive supervision ov
and personnel of the Courts of First
the Philippines with respect to the dis
and functions in relation to the registr
(e) Implement all orders, decisi
promulgated relative to the registratio
subject to the approval of the Secr
needful rules and regulations therefor
(f) Verify and approve subdivision,
consolidation-subdivision survey plan
under Act No. 496 except those cover
(2) The Land Registration Commis
following functions:
(a) Extend speedy and effective
Department of Agrarian Reform, the L
agencies in the implementation of the
of the government;
(b) Extend assistance to courts in or
land registration proceedings;
(c) Be the central repository of record
registration of lands titled under t
including subdivision and consolida
lands.
Section 7. Office of the Register of D
at least one Register of Deeds for ea
for each city. Every Registry with
collection of more than sixty thousand
three years shall have one Deputy Re
every Registry with a yearly averag
than three hundred thousand pesos
years, shall have one Deputy Registe
second Deputy Register of Deeds.
The Secretary of Justice shall define t
territorial jurisdiction of each R
recommendation of the Comm
Registration, with the end in view of m
easily accessible to the people
municipalities.
The province or city shall furnish
building for the office of the Register
time as the same could be furnished o
Section 8. Appointment of Registers
Deputies and other subordinate
Registers of Deeds shall be appointe
the Philippines upon recommendatio
Justice. Deputy Registers of De
subordinate personnel of the Registri
appointed by the Secretary of
recommendation of the Comm
Registration.
The salaries of Registers of Deeds an
be at the following rates:
(1) First Class Registries The sala
Deeds in first class Registries shall be
hundred pesos per annum less than
Commissioner.
(2) Second Class Registries The sal
Deeds in second class Registries sha
four hundred pesos per annum less th
of Deeds in first class Registries.
(3) Third Class Registries The sala
Deeds in third class Registries shall be
hundred pesos per annum less than
Deeds in second class Registries.
(4) The salaries of Deputy Registers o
Deputy Registers of Deeds shall be
hundred pesos per annum less t
corresponding Registers of Deeds and
Deeds, respectively.
The Secretary of Justice, upon rec
Commissioner of Land Registratio
reclassification of Registries based e
the class of province/city, whichever
classification, for purposes of sal
accordance with the rates hereinabov
Section 9. Qualifications of Registers
Registers of Deeds. No person shall b
of Deeds unless he has been admitt
law in the Philippines and shall
engaged in such practice for at leas
been employed for a like period
government the functions of which in
of property.
The Deputy Register of Deeds shall
Philippine Bar. Provided, however,
Deeds or Deputy Register of Deeds h
upon the passage of this Decree shall
removed from office or be demoted to
scale of salary except for cause and u
due process as provided for by law.
Section 10. General functions of Reg
office of the Register of Deeds c
repository of records of instruments a
unregistered lands and chattel mortg
or city wherein such office is situated.
It shall be the duty of the Register of D
register an instrument presented for
with real or personal property which
requisites for registration. He shall
instrument bears the proper docum
stamps and that the same are prop
instrument is not registerable, he
registration thereof and inform the pre
in writing, stating the ground or re
advising him of his right to app
accordance with Section 117 of this D
Section 11. Discharge of duties of R
case of vacancy, etc.
(1) Until a regular Register of Dee
appointed for a province or city, or in
the office, or upon the occasion of t
suspension, or inability of the Re
discharge his duties, said duties shall
following officials, in the order in whic
below, unless the Secretary of Justice
official to act temporarily in his place:
(a) For the province or city where there
of Deeds, by said Deputy Register
second Deputy Register of Deeds, sh
(b) For the province or city where th
second Deputy Register of Deeds, by
Fiscal, or any Assistant Fiscal designa
or City Fiscal;
(2) In case of absence, disability o
Register of Deeds without pay, or in c
position, the Secretary of Justice m
authorize the payment of an additiona
official acting as Register of Dee
compensation together with his actua
the salary authorized for the position t
(3) In case of a newly-created provinc
establishment of a Registry of Deeds
of a regular Register of Deeds for the
the Register of Deeds of the mother
be the ex-officio Register of Deeds fo
or city.
Section 12. Owner's Index; repor
prepared in every Registry an index
contain the names of all registered o
arranged. For this purpose, an index
prepared in the name of each register
contain a list of all lands registered in
The Register of Deeds shall su
Registration Commission within ten da
which they pertain his monthly repor
accomplishments. He shall also subm
at the end of December of each year
of all titles and instruments in his Reg
Section 13. Chief Geodetic Enginee
Chief Geodetic Engineer in the
Commission who shall be the tech
Commission on all matters involving
responsible to him for all plats, plans
the services of a geodetic engineer in
perform such other functions as may,
assigned to him by the Commissioner
CHAPTER III ORIGINAL RE
I
ORDINARY REGISTRATION PROCE
A. APPLICATIONS
Section 14. Who may apply. The fo
file in the proper Court of First Instan
registration of title to land, whether p
their duly authorized representatives:
(1) Those who by themselves
predecessors-in-interest have been
exclusive and notorious possession
alienable and disposable lands of the
a bona fide claim of ownership sinc
earlier.
(2) Those who have acquired ownersh
prescription under the provision of exi
(3) Those who have acquired ownersh
abandoned river beds by right of ac
under the existing laws.
(4) Those who have acquired owne
other manner provided for by law.
Where the land is owned in commo
shall file the application jointly.
Where the land has been sold unde
vendor a retro may file an applica
registration of the land, provided, how
period for redemption expire during
registration proceedings and owner
consolidated in the vendee a retro
substituted for the applicant and
proceedings.
A trustee on behalf of his principal m
registration of any land held in tr
prohibited by the instrument creating
Section 15. Form and contents. The
registration shall be in writing, signed
the person duly authorized in his b
before any officer authorized to adm
province or city where the application
If there is more than one applicant, th
signed and sworn to by and in b
application shall contain a description
state the citizenship and civil statu
whether single or married, and, if mar
wife or husband, and, if the marria
dissolved, when and how the marriag
It shall also state the full names a
occupants of the land and those of the
known, and, if not known, it shall sta
search made to find them.
The application, shall, in form, be sub

Republic of the Philippines

Court of First Instance of __________

The undersigned,
______________________________
______________hereby applies (or a
land hereinafter described brought un
the Property Registration Decree, and
thereto registered and confirmed:
AND DECLARE . . . . .
1. That the applicants/s is/are the own
virtue of inheritance or deed of sale o
possession in accordance with Sectio
Decree), together with the building an
thereon, with the exception of the
following:______________________
____________________________ w
property of _____________________
_________________________ The s
of ____________________ parcel/s i
bounded and described as shown on
technical descriptions attached hereto
hereof, with the following
exception:______________________
_____________________________
2. That said land at the last assessme
assessed at P ____, Philippine curren
buildings and other improvements at
Philippine currency.
3. That to the best of my/our knowled
is no mortgage or encumbrance of an
affecting said land, nor any other pers
interest therein, legal or equitable, or
than as follows:
______________________________
______________________________
4. That the applicant/s has/have acqu
following manner:
______________________________
(Note: Refer to Sec. 14 of said Decre
whether the property is conjugal, para
property of the applicant/s)
5. That said land is occupied by the fo
_____________________________
______________________________
6. That the names in full and address
to the undersigned, of the owners of a
properties, of the persons mentioned
5, and of the persons shown on the p
as follows:
______________________________
______________________________
7. That the applicant/s is/are single or
____________________ (Note: if ma
legally dissolved, state when and how
relation
terminated.)____________________
_____________________________
_____________________
8. That the applicant's/s' full name, ag
residence, and postal address/es is/a
______________________________
_____________________
9. That (Note: If the land included in t
bounded by a public or private way or
be stated in this paragraph whether o
claims any and what land within the li
road and whether the applicant desire
the way or road determined.)
______________________________
___________________________
10. That the following documents are
made a part hereof:
______________________________
______________________________
Signed at ___________________ thi
_____________________ day of
____________________, in the year
and ______________________.

__________________________
Applicant

_________________________
(Post Office Address)

REPUBLIC OF THE PHILIPPINES

PROVINCE (OR CITY) OF ________

On this _______________ day of

_________________________,19 __
appeared before me the above- name
______________________________
____ known to me to be the person/s
foregoing application and made oath
therein are true of his/their knowledge
belief.
The Residence Certificate/s _______
of the applicant/s ______________ w
me being No. _________________ is
___________________ dated _____
__________.

________________________
(Notary Public, or other Officer
authorized to administer oaths)
PTR NO. _________________

Section 16. Non-resident applicant. I

a resident of the Philippines, he
application an instrument in due form
or representative residing in the Phili
name and postal address, and shall t
service of any legal process in the p
growing out of the application made
representative shall be of the same le
upon the applicant within the Philipp
representative dies, or leaves the Phil
shall forthwith make another appointm
and, if he fails to do so the cou
application.
Section 17. What and where to file
land registration shall be filed with
Instance of the province or city where
The applicant shall file together wit
original muniments of titles or copies
plan of the land approved by the Bure
The clerk of court shall not accept any
is shown that the applicant has furn
Lands with a copy of the application a
Section 18. Application covering two
application may include two or m
belonging to the applicant/s provide
within the same province or city. The c
order an application to be amended b
more of the parcels or by a severance
Section 19. Amendments. Amendme
including joinder, substitution, or d
parties may be allowed by the court
proceedings upon just and reasonabl
Amendments which shall consist in a
the boundaries or an increase in are
for or which involve the inclusion of an
be subject to the same requirement
notice as in an original application.
Section 20. When land applied for bo
application describes the land as bou
private way or road, it shall state
applicant claims any and what portion
limits of the way or road, and whether
to have the line of the way or road de
Section 21. Requirement of addition
ocular inspection. The court may requ
in the application in addition to thos
Decree not inconsistent therewith and
of any additional paper. It may also
inspection, if necessary.
Section 22. Dealings with land
registration. After the filing of the appli
issuance of the decree of registrati
described may still be the subject of d
part, in which case the interested part
court the pertinent instruments togeth
plan approved by the Director of Land
of portions thereof and the court, after
shall order such land registered subje
or encumbrance created by said instr
the decree of registration be issued
person to whom the property has be
instruments.
B. PUBLICATION, OPPOSITION AN
Section 23. Notice of initial hearing,
court shall, within five days from filin
issue an order setting the date an
hearing which shall not be earlier tha
later than ninety days from the date o
The public shall be given notice of the
application for land registration by mea
(2) mailing; and (3) posting.
1. By publication.
Upon receipt of the order of the cour
initial hearing, the Commissioner of La
cause notice of initial hearing to be p
Official Gazette and once in a ne
circulation in the Philippines: Provide
publication in the Official Gazette s
confer jurisdiction upon the court. S
addressed to all persons appearing t
the land involved including the adjoin
known, and "to all whom it may conce
also require all persons concerned to
certain date and time to show cause w
application shall not be granted.
2. By mailing.
(a) Mailing of notice to persons name
The Commissioner of Land Registrat
seven days after publication of said
Gazette, as hereinbefore provided, c
notice of initial hearing to be mailed to
in the notice whose address is known
(b) Mailing of notice to the Secretary
the Provincial Governor and the Ma
requests to have the line of a p
determined, the Commissioner of La
cause a copy of said notice of initial
to the Secretary of Public Highway
Governor, and to the Mayor of the m
the case may be, in which the land lie
(c) Mailing of notice to the Secretary
the Solicitor General, the Director of L
Public Works, the Director of Fores
Director of Mines and the Director of F
Resources. If the land borders on a riv
or shore, or on an arm of the sea wh
line has been established, or on a la
appears from the application or the
tenant-farmer or the national governm
adverse to that of the applicant, notice
shall be given in the same manner
Agrarian Reform, the Solicitor Gen
Lands, the Director of Mines and
Fisheries and Aquatic Resources, as
3. By posting.
The Commissioner of Land Registrati
duly attested copy of the notice of
posted by the sheriff of the province
may be, or by his deputy, in a conspi
parcel of land included in the applic
conspicuous place on the bulletin bo
building of the municipality or city i
portion thereof is situated, fourteen da
date of initial hearing.
The court may also cause notice to be
persons and in such manner as it ma
The notice of initial hearing shall, in f
as follows:

(Caption and Title)

NOTICE OF INITIAL HEARING

To (here insert the names of all perso

an interest and the adjoining owners
to all whom it may concern):
An application (or petition) having bee
entitled case by (full name and add
registration and confirmation (or for
adjudication, in case of petition in ca
of title to the following described lands

(Insert description)
You are hereby served this notice to
Court at its session to be held at ___
the ______________ day of ___
______, at _____________ o'clock in
and there to present such claims as y
lands or any portion thereof, and to
support of such claim; and unless you
at the time and place aforesaid, y
recorded and the title to the lands wi
determined in accordance with law
before the Court, and thereafter you w
from contesting said application (or pe
entered thereon.
Witness, the Hon. _______________
the Court of First Instance of _______
_________________, in the year 19_

Attest:
Commissioner of Land Registration

Section 24. Proof of publication

certification of the Commissioner of L
of the sheriff concerned to the effect th
hearing, as required by law, has been
be filed in the case before the date o
shall be conclusive proof of such fact.
Section 25. Opposition to appl
proceedings. Any person claiming
named in the notice or not, may
opposition on or before the date of ini
such further time as may be allowe
opposition shall state all the objectio
and shall set forth the interest claime
the same and apply for the remedy d
signed and sworn to by him or b
authorized person.
If the opposition or the adverse claim
only a portion of the lot and said po
delimited on the plan attached to the a
of undivided co-ownership, conflicting
or possession, or overlapping of boun
require the parties to submit a su
approved by the Director of Lands.
Section 26. Order of default; effect.
and answers within the time allowed,
motion of the applicant, no reas
appearing, order a default to be reco
applicant to present evidence. By th
notice "To all Whom It May Concer
made parties defendant and shall b
default order.
Where an appearance has been ent
filed, a default order shall be entered
did not appear and answer.
C. HEARING JUDGMENT AN
REGISTRATION
Section 27. Speedy hearing; referen
trial court shall see to it that all registra
disposed or within ninety days from
submitted for decision,
The Court, if it deems necessary, may
part thereof to a referee who shall hea
evidence, and the referee shall submi
the Court within fifteen days after the
hearing. Hearing before a referee m
convenient place within the province o
by him and after reasonable notice the
served the parties concerned. The
judgment in accordance with the repo
have been found by the judge himself
that the court may in its discretion acc
it aside in whole or in part, or or
recommitted for further proceedings:
Section 28. Partial judgment. In a
portion of the land subject of registra
court may render partial judgmen
subdivision plan showing the contes
portions approved by the Director of
submitted to said court.
Section 29. Judgment confirming title
of ownership and interest in the
application shall be determined by th
after considering the evidence and
Commissioner of Land Registration
Lands, finds that the applicant or
sufficient title proper for registration
rendered confirming the title of th
oppositor, to the land or portions there
Section 30. When judgment become
issuance of decree. The judgment
registration proceedings becomes fina
of thirty days to be counted from th
notice of the judgment. An appeal ma
judgment of the court as in ordinary c
After judgment has become final an
devolve upon the court to forthwith
accordance with Section 39 of t
Commissioner for the issuance of the
and the corresponding certificate of
person adjudged entitled to registratio
Section 31. Decree of registration
registration issued by the Commiss
date, hour and minute of its entry, an
him. It shall state whether the o
unmarried, and if married, the name o
Provided, however, that if the land adj
is conjugal property, the decree shall b
of both spouses. If the owner is und
state the nature of disability, and if a m
contain a description of the land as f
the court, and shall set forth the esta
also, in such manner as to show their
particular estates, mortgages,
attachments, and other encumbrance
tenant-farmers, if any, to which the la
is subject, as well as any other ma
determined in pursuance of this Decre
The decree of registration shall bind th
thereto, subject only to such exception
provided by law. It shall be conclusive
persons, including the National G
branches thereof, whether mention
application or notice, the same be
general description "To all whom it ma
Section 32. Review of decree of r
purchaser for value. The decree of reg
reopened or revised by reason of a
other disability of any person advers
nor by any proceeding in any court for
subject, however, to the right of any
government and the branches thereo
of any estate or interest therein by
confirmation of title obtained by actua
proper Court of First Instance a petiti
review of the decree of registration no
from and after the date of the entr
registration, but in no case shal
entertained by the court where an in
value has acquired the land or an int
rights may be prejudiced. Whenever
purchaser for value" or an equivalent
Decree, it shall be deemed to include
mortgagee, or other encumbrancer fo
Upon the expiration of said period of
of registration and the certificate
become incontrovertible. Any person
decree of registration in any case ma
by action for damages against the a
persons responsible for the fraud.
Section 33. Appeal from judgment, e
orders of the court hearing the land
appealable to the Court of Appeals or t
in the same manner as in ordinary ac
Section 34. Rules of procedure. The
insofar as not inconsistent with the pro
be applicable to land registration and
analogy or in a suppletory chara
practicable and convenient.
II CADASTRAL REGISTRATION
A. ORDER FOR SPEEDY SE
ADJUDICATION; SURVEY; NOTICE
Section 35. Cadastral Survey pre
petition.
(a) When in the opinion of the Presid
public interest so requires that title
lands be settled and adjudicated, he m
and order the Director of Lands to c
cadastral survey of the lands involve
technical description thereof prepared
(b) Thereupon, the Director of Lands
persons claiming any interest in the la
general public, of the day on which su
giving as fully and accurately as possi
the lands to be surveyed. Such notic
once in the Official Gazette, and a c
English or the national language s
conspicuous place on the bulletin bo
building of the municipality in which the
thereof is situated. A copy of the noti
to the mayor of such municipality as w
captain and likewise to the Sanggunia
the Sangguniang Bayan concerned.
(c) The Geodetic Engineers or othe
Bureau of Lands in charge of the sur
reasonably in advance of the date on
any portion of such lands is to begin,
posted in the bulletin board of the mu
municipality or barrio in which the lan
shall mark the boundaries of the land
up in proper places thereon. It sha
Geodetic Engineers and other employ
lands whenever necessary for the pur
or the placing of monuments.
(d) It shall be the duty of every person
in the lands to be surveyed, or in a
communicate with the Geodetic Engin
therefor all information possessed
concerning the boundary lines of an
claims title or in which he claims any i
(e) Any person who shall willfully ob
any survey undertaken by the Burea
licensed Geodetic Engineer duly auth
survey under this Section, or shall mal
the placing of any monument or remo
or shall destroy or remove any notice
the land pursuant to law, shall be pun
more than one thousand pesos or by
more than one year, or both.
B. PETITION; LOT NUMBERS
Section 36. Petition for registration. W
been surveyed or plotted, the
represented by the Solicitor General,
registration proceedings by filing the
the Court of First Instance of the pla
situated against the holders, claima
occupants of such lands or any pa
substance that public interest requires
lands be settled and adjudicated an
titles be so settled and adjudicated:
The petition shall contain a descript
shall be accompanied by a plan there
such other data as may serve to furn
occupants of the lands and to all per
any right or interest therein.
Where the land consists of two or m
occupied by different persons, the pl
boundaries or limits of the various par
possible. The parcels shall be known
the plan filed in the case be given sep
Director of Lands, which numbers
"cadastral lot numbers". The lots s
municipality shall, as far as practic
consecutively beginning with number
series of numbers shall be used for
municipality. However in cities or tow
of the landholdings by blocks and l
employed instead of the designati
numbers.
The cadastral number of a lot shall n
final decision has been entered decre
thereof, except by order of court. Futur
lot shall be designated by a letter or le
added to the cadastral number of
respective subdivisions pertain. The
subdivision is designated shall be kn
letter": Provided, however, that the su
townsites may be designated by block
C. ANSWER
Section 37. Answer to petition in ca
Any claimant in cadastral proceeding
the notice or not, shall appear before
or by some other authorized person in
file an answer on or before the date
within such further time as may be a
The answer shall be signed and swo
or by some other authorized person in
state whether the claimant is married
married, the name of the spouse and
his nationality, residence and posta
also contain:
(a) The age of the claimant;
(b) The cadastral number of the lot
appearing on the plan filed in the ca
Lands, or the block and lot numbers,
(c) The name of the barrio and municip
are situated;
(d) The names and addresses of
adjoining lots so far as known to the c
(e) If the claimant is in possession of
can show no express grant of the lan
to him or to his predecessors-in-inter
state the length of time he has held s
the manner in which it has been acq
state the length of time, as far as kno
predecessors, if any, held possession
(f) If the claimant is not in possession
land, the answer shall fully set forth th
him and the time and manner of his a
(g) if the lots have been assessed fo
assessed value; and
(h) The encumbrances, if any, affec
names of adverse claimants, as far as
D. HEARING; JUDGMENT; DECREE
Section 38. Hearing, Judgment, Dec
case may occur at any convenient plac
in which the lands are situated and sha
orders for default and confessions e
manner as in ordinary land registrat
shall be governed by the same r
interests shall be adjudicated by the
awarded in favor of the persons entit
parts thereof and such decrees sh
issuance of original certificates of t
persons and shall have the same eff
title granted on application for regist
ordinary land registration proceedings
CHAPTER IV CERTIFICAT
Section 39. Preparation of decree an
After the judgment directing the regis
has become final, the court shall, wit
entry of judgment, issue an o
Commissioner to issue the corres
registration and certificate of title. Th
send, within fifteen days from entry o
copies of the judgment and of the
directing the Commissioner to issue
decree of registration and certific
certificate stating that the decision has
reconsidered, nor appealed, and
Thereupon, the Commissioner shall c
the decree of registration as well
duplicate of the corresponding origin
The original certificate of title shall b
decree of registration. The decree of
signed by the Commissioner, entered
Registration Commission. The orig
certificate of title shall also be signed
and shall be sent, together with th
certificate, to the Register of Deeds o
where the property is situated for en
book.
Section 40. Entry of Original Certif
receipt by the Register of Deeds
duplicate copies of the original certific
shall be entered in his record book an
dated, signed and sealed by the Regis
seal of his office. Said certificate of
upon the date of entry thereof. The Re
forthwith send notice by mail to the r
his owner's duplicate is ready for d
payment of legal fees.
Section 41. Owner's duplicate cer
owner's duplicate certificate of title sha
registered owner or to his duly autho
If two or more persons are registered
duplicate certificate may be issued fo
the co-owners so desire, a separat
issued to each of them in like form
certificates of title so issued shall be su
the Register of Deeds shall regis
voluntary transaction affecting the
thereof or any interest therein. The Re
note on each certificate of title a stat
copy thereof was issued.
Section 42. Registration Books. The
original certificate of title shall be file
Deeds. The same shall be bound i
together with similar certificates of title
the registration book for titled properti
Section 43. Transfer Certificate of T
certificate of title that may be issued
Deeds pursuant to any voluntary or in
relating to the same land shall be
"Transfer Certificate of Title", and
duplicate. The certificate shall show th
previous certificate covering the sam
fact that it was originally registered
number, the number of the original c
the volume and page of the registrati
latter is found.
Section 44. Statutory liens affecting t
owner receiving a certificate of title
decree of registration, and every subs
registered land taking a certificate of
good faith, shall hold the same free fro
except those noted in said certific
following encumbrances which may b
First. Liens, claims or rights arising o
laws and Constitution of the Philippin
law required to appear of record in th
in order to be valid against subseq
encumbrancers of record.
Second. Unpaid real estate taxes l
within two years immediately preced
any right over the land by an innocent
without prejudice to the right of the g
taxes payable before that period
taxpayer alone.
Third. Any public highway or private
recognized by law, or any governme
lateral thereof, if the certificate of title
the boundaries of such highway or irrig
thereof have been determined.
Fourth. Any disposition of the propert
use thereof by virtue of, or pursuant to
No. 27 or any other law or regulations
Section 45. Statement of personal c
certificate. Every certificate of title s
names of all persons whose interes
ownership in the whole land, including
the names of their respective spouse
as their citizenship, residence and p
property covered belongs to the con
shall be issued in the names of both s
Section 46. General incidents o
Registered land shall be subject to
incidents as may arise by operati
contained in this decree shall in any
relieve registered land or the owne
rights incident to the relation of husba
and tenant, or from liability to atta
execution, or from liability to any lie
established by law on the land and th
or on the interest of the owner in such
to change the laws of descent, or t
between co-owners, or the right to
eminent domain, or to relieve such la
recovered by an assignee in insol
bankcruptcy under the laws relative
change or affect in any way other right
by law and applicable to unregiste
otherwise provided in this Decree.
Section 47. Registered land not sub
No title to registered land in derogat
registered owner shall be acquired
adverse possession.
Section 48. Certificate not subject to
certificate of title shall not be subject
cannot be altered, modified, or cance
proceeding in accordance with law.
Section 49. Splitting, or consolidation
owner of several distinct parcels of la
covered by a certificate of title des
separate certificates, each containing
may file a written request for that purp
of Deeds concerned, and the latter, u
the owner's duplicate, shall cancel
original and issue in lieu thereof sep
desired. A registered owner of sever
land covered by separate certificate
have in lieu thereof a single certificat
or several certificates for the different
also file a written request with the
concerned, and the latter, upon th
owner's duplicates, shall cancel them
originals, and issue in lieu thereo
certificates as desired.
Section 50. Subdivision and cons
owner subdividing a tract of registere
do not constitute a subdivision proje
provided for under P.D. No. 957,
Commissioner of Land Registration o
Lands a subdivision plan of such
boundaries, streets, passageways an
shall be distinctly and accurately delin
If a subdivision plan, be it simple or com
by the Commissioner of Land Registra
Lands together with the approved te
and the corresponding owner's duplic
is presented for registration, the Reg
without requiring further court app
register the same in accordance with
Land Registration Act, as amended:
that the Register of Deeds shall a
certificate of title covering the street,
space, a memorandum to the effect t
donation in favor of the national gover
or municipality, no portion of any
waterway or open space so delineated
closed or otherwise disposed of by t
without the approval of the Court of
province or city in which the land is si
A registered owner desiring to consol
one or more, requiring new technical d
with the Land Registration Commiss
plan on which shall be shown the lo
they were before, and as they w
consolidation. Upon the surrender of t
certificates and the receipt of con
approved by the Commission, the
concerned shall cancel the correspo
title and issue a new one for the cons
The Commission may not order or
modification, or amendment in th
certificate of title, or of any decree o
technical description therein, coverin
registered under the Torrens syst
cancellation of the said certificate of t
of a new one which would result in th
area covered by the certificate of title.
CHAPTER V SUBSEQUENT R
I
VOLUNTARY DEALINGS WITH REG
GENERAL PROVISI
Section 51. Conveyance and other d
owner. An owner of registered land ma
lease, charge or otherwise deal
accordance with existing laws. He ma
deeds, mortgages, leases or other v
as are sufficient in law. But no deed,
other voluntary instrument, except
convey or affect registered land sh
conveyance or bind the land, but sh
contract between the parties and as
to the Register of Deeds to make regi
The act of registration shall be the op
or affect the land insofar as third per
and in all cases under this Decree, the
made in the office of the Register of D
or city where the land lies.
Section 52. Constructive notice upo
conveyance, mortgage, lease, lien,
judgment, instrument or entry affec
shall, if registered, filed or entered
Register of Deeds for the province or
which it relates lies, be constructive
from the time of such registering, filing
Section 53. Presentation of owner's
of new certificate. No voluntary
registered by the Register of Deeds
duplicate certificate is presented w
except in cases expressly provided
upon order of the court, for cause sho
The production of the owner's d
whenever any voluntary instrumen
registration, shall be conclusive
registered owner to the Register of D
certificate or to make a memorandu
accordance with such instrument, an
or memorandum shall be binding
owner and upon all persons claiming
every purchaser for value and in good
In all cases of registration procured
may pursue all his legal and equitable
parties to such fraud without prejud
rights of any innocent holder for value
After the entry of the decree of regist
petition or application, any subs
procured by the presentation of
certificate of title, or a forged deed or o
be null and void.
Section 54. Dealings less than owner
No new certificate shall be entered o
any instrument which does not divest
from the owner or from the transfer
owners. All interests in registered land
shall be registered by filing with the R
instrument which creates or transf
interests and by a brief memorandum
Register of Deeds upon the certificat
by him. A similar memorandum shall
owner's duplicate. The cancellation
such interests shall be registered in th
Section 55. Grantee's name, nationa
Every deed or other voluntary instru
registration shall contain or have end
name, nationality, residence and po
grantee or other person acquiring or
under such instrument, and every d
whether the grantee is married o
married, the name in full of the hus
grantee is a corporation or association
contain a recital to show that s
association is legally qualified to acqu
change in the residence or postal add
shall be endorsed by the Register of D
copy of the corresponding certificate o
a sworn statement of such chang
addresses shall also be entered on al
Notices and processed issued in relat
in pursuance of this Decree may b
person in interest by mailing the sam
given, and shall be binding, whether
within or without the Philippines, but
discretion, require further or other not
case, if in its opinion the interest of ju
Section 56. Primary Entry Book; fe
Each Register of Deeds shall keep a
which, upon payment of the entry fee,
order of their reception, all instrumen
writs and processes filed with him r
land. He shall, as a preliminary proces
in such book the date, hour and minu
instruments, in the order in which they
shall be regarded as registered from th
the memorandum of each instrument
certificate of title to which it refers,
date: Provided, that the national gove
provincial and city governments shall
payment of such fees in advance in o
entry and registration.
Every deed or other instrument, w
involuntary, so filed with the Registe
numbered and indexed and endorsed
the proper certificate of title. All record
to registered land in the office of the Re
be open to the public in the same man
subject to such reasonable regulation
Deeds, under the direction of the Co
Registration, may prescribe.
All deeds and voluntary instruments
with their respective copies and sh
sealed by the Register of Deeds, en
number, and copies may be deliv
presenting them.
Certified copies of all instruments filed
also be obtained from the Register of D
of the prescribed fees.
(A) CONVEYANCES AND TRANSFE
Section 57. Procedure in registration
owner desiring to convey his register
shall execute and register a deed of c
sufficient in law. The Register of De
make out in the registration book a ne
the grantee and shall prepare and deli
duplicate certificate. The Register of D
the original and duplicate certificate th
volume and page of the registration b
certificate is registered and a referen
last preceding certificate. The origin
duplicate of the grantor's certificate
"canceled". The deed of conveyanc
indorsed with the number and the pl
the certificate of title of the land conve
Section 58. Procedure where convey
of land. If a deed or conveyance is f
land described in a certificate of title, t
shall not enter any transfer certificate
plan of such land showing all the porti
it has been subdivided and the corr
descriptions shall have been ver
pursuant to Section 50 of this Decre
deed may only be annotated by way o
the grantor's certificate of title, origina
memorandum to serve as a notice to
fact that certain unsegregated portion
therein has been conveyed, and every
memorandum shall be effectual for the
the grantee's title to the portion conve
the actual issuance of the correspon
name.
Upon the approval of the plan and te
the original of the plan, together with a
technical descriptions shall be filed
Deeds for annotation in the correspon
and thereupon said officer shall issue
title to the grantee for the portion c
same time cancel the grantor's cer
respect only to said portion conveyed
desires, his certificate may be cance
one issued to him describing therein t
Provided, however, that pending app
further registration or annotation of a
or other voluntary instrument involvin
portion conveyed shall be effected
Deeds, except where such unsegr
purchased from the Governmen
instrumentalities. If the land has b
several lots, designated by numbers o
of Deeds may, if desired by the
canceling the latter's certificate and i
the same for the remaining unconvey
certificate and on its owner's duplicat
such deed of conveyance and of
transfer certificate to the grantee for
conveyed, and that the grantor's cert
to such lot or lots.
Section 59. Carry over of encumbran
any transfer, subsisting encumbran
appear in the registration book, they
and stated in the new certificate or c
far as they may be simultaneously rel
(B) MORTGAGES AND LEASES
Section 60. Mortgage or lease
Mortgage and leases shall be regis
provided in Section 54 of this De
registered land may mortgage or leas
deed in a form sufficient in law. Such
lease and all instruments which assig
or otherwise deal with the mortgag
registered, and shall take effect upo
time of registration.
No mortgagee's or lessee's duplicate c
hereafter be issued by the Registers
issued prior to the effectivity of this
deemed canceled and the hol
immediately surrender the same to th
concerned.
Section 61. Registration. Upon
registration of the deed of mortgage o
the owner's duplicate, the Register o
upon the original of the certificate of ti
owner's duplicate certificate a memo
date and time of filing and the file num
deed, and shall sign the said memora
note on the deed the date and time of
to the volume and page of the registr
is registered.
Section 62. Discharge or cancellat
lease on registered land may be disch
means of an instrument executed
lessee in a form sufficient in law, whi
the Register of Deeds who shall m
memorandum upon the certificate of t
Section 63. Foreclosure of Mortgage
was foreclosed judicially, a certified c
of the court confirming the sale shall b
Register of Deeds. If no right of re
certificate of title of the mortgagor sha
new certificate issued in the name of
Where the right of redemption exists,
of the mortgagor shall not be cancele
of sale and the order confirming the sa
by a brief memorandum thereof mad
Deeds upon the certificate of title. In th
is redeemed, the certificate or deed o
filed with the Register of Deeds, and
thereof shall be made by the Regis
certificate of title of the mortgagor.
If the property is not redeemed, th
executed by the sheriff in favor of
foreclosure sale shall be registered
Deeds; whereupon the title of the
canceled, and a new certificate issue
purchaser.
(b) If the mortgage was foreclose
certificate of sale executed by the of
the sale shall be filed with the Registe
make a brief memorandum thereof on
In the event of redemption by the mor
provided for in the second paragraph
apply.
In case of non-redemption, the purc
sale shall file with the Register of Deed
of sale executed by the person autho
power of attorney embodied in the dee
sworn statement attesting to the fac
whereupon, the Register of Deeds
certificate in favor of the purchase
duplicate of the certificate has been
and canceled.
(C) POWERS OF ATTORNEY; TRUS
Section 64. Power of attorney. Any p
of attorney, convey or otherwise dea
and the same shall be registered w
Deeds of the province or city wher
instrument revoking such power o
registered in like manner.
Section 65. Trusts in registered land
instrument is filed in order to transfe
trust, or upon any equitable con
expressed therein, or to create or de
equitable interests in such land w
particulars of the trust, condition,
equitable interest shall not be entered
only a memorandum thereof shall be
"in trust", or "upon condition", or other
reference by number to the instru
creating the same. A similar memora
upon the original instrument creating
or other equitable interest with a refe
the certificate of title to which it relate
and page in the registration book in w
Section 66. Trust with power of sale,
If the instrument creating or declar
equitable interest contains an exp
mortgage or deal with the land in any
shall be stated in the certificate of titl
power to sell", or "power to mortgage
description in case of other powers.
transfers, mortgages or in any way d
land in trust shall be registered, unles
thereto is expressly conferred in the
unless a final judgment or order of a
jurisdiction has construed the instru
power, in which case a certified copy
order may be registered.
Section 67. Judicial appointment of n
trustee of registered land is appoi
competent jurisdiction, a new certifica
him upon presentation to the Regi
certified copy of the order or judicial
surrender for cancellation of the dupli
Section 68. Implied, trusts, how e
claims an interest in registered lan
implied or constructive trust shall file
the Register of Deeds a sworn
containing a description of the lan
registered owner and a reference to
certificate of title. Such claim shall no
purchaser for value and in good faith b
II INVOLUNTARY DEA
Section 69. Attachments. An attachm
writ, order or process issued by a cou
to create or preserve any lien, status
upon registered land, shall be filed a
Registry of Deeds for the province or
lies, and, in addition to the particula
papers for registration, shall contain
number of the certificate of title to
registered owner or owners there
attachment, order, process or lien is n
land in any certificate of title a de
accurate for identification of the land o
be affected. A restraining order, inju
issued by the court shall be entered a
certificate of title affected, free of cha
Section 70. Adverse claim. Whoeve
interest in registered land adverse to t
arising subsequent to the date of the
may, if no other provision is made
registering the same, make a statem
forth fully his alleged right or interes
whom acquired, a reference to the num
of title of the registered owner, the na
owner, and a description of the land
interest is claimed.
The statement shall be signed and sw
the adverse claimant's residence, and
notices may be served upon him. Th
entitled to registration as an adverse c
of title. The adverse claim shall be eff
thirty days from the date of registratio
said period, the annotation of adv
canceled upon filing of a verified pe
party in interest: Provided, however, th
no second adverse claim based on th
be registered by the same claimant.
Before the lapse of thirty days afo
interest may file a petition in the Co
where the land is situated for the
adverse claim, and the court shall gra
upon the question of the validity of suc
shall render judgment as may be just
adverse claim is adjudged to be inv
thereof shall be ordered canceled. If, i
after notice and hearing, shall find th
thus registered was frivolous, it may fi
amount not less than one thousand p
five thousand pesos, in its discretion
thirty days, the claimant may withdraw
filing with the Register of Deeds a s
effect.
Section 71. Surrender of certificate in
If an attachment or other lien in the
dealing in registered land is registere
certificate is not presented at the tim
Register of Deeds shall, within thirty-
send notice by mail to the registered
such paper has been registered, an
send or produce his duplicate ce
memorandum of the attachment or oth
thereon. If the owner neglects or refu
a reasonable time, the Register of D
matter to the court, and it shall, after n
to the owner, to produce his certificat
named therein, and may enforce th
process.
Section 72. Dissolution, etc. of
Attachments and liens of every descri
land shall be continued, reduce
dissolved by any method sufficient in l
to the continuance, reduction, disc
thereof the certificate or other instrum
shall be registered with the Register o
Section 73. Registration of orders
attachment is continued, reduced, dis
affected by an order, decision or ju
where the action or proceedings in w
was made is pending or by an ord
jurisdiction thereof, a certificate of the
decision or judgment from the clerk of
which such decision, order or judgmen
and under the seal of the court, sh
registered upon presentation to the R
Section 74. Enforcement of liens
Whenever registered land is solved o
or sold for taxes or for any assessmen
of any character, or for any costs and
such liens, any execution or copy of ex
return, or any deed, demand, certif
other instrument made in the course o
enforce such liens and required by law
be filed with the Register of Deeds o
where the land lies and registered in
and a memorandum made upon the
title in each case as lien or encumbra
Section 75. Application for new certif
of redemption period. Upon the exp
any, allowed by law for redemption
has been sold on execution take
enforcement of a lien of any descriptio
lien, the purchaser at such sale or an
him may petition the court for the entr
of title to him.
Before the entry of a new certificate o
owner may pursue all legal and eq
impeach or annul such proceedings.
Section 76. Notice of lis pendens. N
possession of real estate, or to quie
remove clouds upon the title thereo
other proceedings of any kind in court
title to land or the use or occupation th
thereon, and no judgment, and no pro
reverse any judgment, shall have
registered land as against persons o
thereto, unless a memorandum or
institution of such action or procee
wherein the same is pending, as we
institution thereof, together with a refe
of the certificate of title, and an adequ
land affected and the registered owne
been filed and registered.
Section 77. Cancellation of lis pe
judgment, a notice of lis pendens ma
order of the court, after proper show
for the purpose of molesting the adve
not necessary to protect the rights of t
it to be registered. It may also be canc
of Deeds upon verified petition of the p
registration thereof.
At any time after final judgment in fav
or other disposition of the action such
all rights of the plaintiff in and to the
involved, in any case in which a mem
lis pendens has been registered
preceding section, the notice of lis
deemed canceled upon the registrati
the clerk of court in which the action
pending stating the manner of dispos
CHAPTER VI REGISTRATION O
ORDERS; PARTITIO
Section 78. Judgment for Plaintiff. Wh
to recover possession or ownership
interest therein affecting registered
entered for the plaintiff, such judgme
registration on presentation of a ce
thereof from the clerk of court where
to the Register of Deeds for the provi
land lies, who shall enter a mem
certificate of title of the land to w
relates. If the judgment does not a
described in the certificate of title, the
of the court where the action is
memorandum entered by the Regi
contain a description of the land affec
Section 79. Judgment adjudicating
any action to recover the ownership
interest therein execution has been i
plaintiff, the latter shall be entitled to
certificate of title and to the cancel
certificate and owner's duplicate of t
owner. If the registered owner neglec
reasonable time after request of the p
duplicate certificate in order that
canceled, the court shall, on applicat
enter an order to the owner to produce
time and place designated, and may
suitable process.
Section 80. Execution of deed by virtu
court rendering judgment in favor of
registered land shall, upon petition o
and parties before it to execute for reg
instrument necessary to give effect t
shall require the registered owner to
certificate to the plaintiff or to the Reg
canceled or to have a memorandum
case the person required to execute
instrument necessary to give effect
absent from the Philippines, or is a m
any reason not amenable to the p
rendering the judgment, said court m
person as trustee to execute such ins
executed, shall be entitled to registrat
Section 81. Judgment of partition.
partition of registered land, after th
judgment of partition, a copy of s
certified by the clerk of the court rend
be filed and registered; thereupon, if
the owners in severalty, each owne
have his certificate entered showing th
in severalty, and to receive an owner'
If the land is ordered by the court to b
or his assigns shall be entitled to cert
in his or their favor upon presenting a
judgment confirming the sale.
In case the land is ordered by the co
one of the parties upon payment to t
ordered by the court, the party to wh
assigned shall be entitled to have
entered in his favor upon presenting a
judgment: Provided, however, that
entered in pursuance of partition proc
way of set-off or of assignment or of
reference memorandum to the final j
and shall be conclusive as to the title
and against the same persons as suc
conclusive by the laws applicable th
further, that any person holding such
transfer thereof shall have the right to
any time to cancel the memorandu
judgment or order and the court, afte
may grant the petition. Such certifica
conclusive in the same manner and t
other certificates of title.
Section 82. Registration of prior regi
lease on partitioned property. If a ce
judgment or decree of partition is pres
that a mortgage or lease affecting a s
undivided share of the premises h
registered, the Register of Deeds s
encumbrance on the certificate of title
Section 83. Notice of insolvency. Wh
bankruptcy or insolvency, or analogo
instituted against a debtor who own
shall be the duty of the officer servi
institution of such proceedings on the
thereof with the office of the Regist
province or city where the land of
assignee or trustee appointed by
proceedings shall be entitled to t
certificate of the registered land of the
upon presenting and filing a ce
assignment in insolvency or order
bankruptcy with the insolvent's or
certificate of title; but the new certifica
entered to him as assignee in inso
bankruptcy or other proceedings, as t
Section 84. Judgment or order
proceedings. Whenever any of the
character named in the preceding
registered owner, of which notice ha
vacated by judgment, a certified cop
order may be registered. Where a new
entered in the name of the assign
certificate shall be surrendered fo
forthwith the debtor shall be entitled
certificate to him.
Section 85. Land taken by eminent do
registered land, or interest therein, is e
by eminent domain, the National Go
city, municipality, or any other agen
exercising such right shall file for regi
Registry a certified copy of the judgm
definitely, by an adequate descrip
property or interest expropriated,
certificate of title, and the nature o
memorandum of the right or interest
on each certificate of title by the Re
where the fee simple title is taken, a
be issued in favor of the National Go
city, municipality, or any other agen
exercising such right for the land
expenses incident to the memorand
issuances incident to the memorand
issuance of a new certificate shall be
authority taking the land or interest th
Section 86. Extrajudicial settlement
deed of extrajudicial settlement has b
the Register of Deeds shall annotate o
two-year lien mentioned in Section
Rules of Court. Upon the expiration o
and presentation of a verified petitio
heirs, devisees or legatees or any o
that no claim or claims of any creditor
exist, the Register of Deeds shall can
noted on the title without the necessity
verified petition shall be entered in the
and a memorandum thereof made on
No deed of extrajudicial settlem
adjudication shall be registered
extrajudicial settlement or adjudication
week for three consecutive weeks
general circulation in the province and
with the Register of Deeds. The proo
certification of the publisher, print
principal clerk, or of the editor, bus
manager of the newspaper concerne
week's issue of the newspaper whe
appeared.
Section 87. Filing of letters of adm
Before the executor or administrato
deceased owner of registered land
same, he shall file with the office of th
a certified copy of his letters of admin
a will, a certified copy thereof and th
same, together with the letters
administration with the will annexed,
and shall produce the duplicate ce
thereupon the Register of Deeds s
certificate a memorandum thereof, ma
letters and/or will by their file number,
the same.
Section 88. Dealings by administer
approval. After a memorandum of the
allowing the same, and letters testa
administration have been entered up
title as hereinabove provided, the exec
may alienate or encumber registered
estate, or any interest therein, upon
obtained as provided by the Rules of
Section 89. Land devised to executor
will, a certified copy of which with lette
already been filed as provided in
registered land is devised to the exec
or upon some trust, the executor
transferred to himself upon the registe
subject to like terms and conditions a
the case of a transfer pursuant to a d
of the Register of Deeds.
Section 90. When executor empower
When the will of a deceased owner o
an interest therein, empowers the exe
encumber, charge or otherwise de
certified copy of the will and letters tes
as provided in this Decree, such execu
encumber, charge or otherwise deal w
to the power in like manner as if he we
subject to the terms and conditi
expressed in the will.
Section 91. Transfer in anticipation
Whenever the court having jurisdict
intestate proceedings directs the exec
to take over and transfer to the devise
them, in anticipation of final distribu
whole of the registered land to which t
on final distribution, upon the filing o
such order in the office of the Reg
executor or administratory may cause
made upon the register in like manner
and upon the presentation of the
certificate to the Register of Deeds, t
concerned shall be entitled to th
corresponding certificates of title.
Section 92. Registration of final dis
certified copy of the partition and distr
the final judgment or order of the cour
or otherwise making final distribu
evidence of payment of estate taw or e
as the case may be, shall be filed
Deeds, and upon the presentation of
certificate of title, new certificates of t
the parties severally entitled thereto in
approved partition and distribution.
CHAPTER VII ASSURAN
Section 93. Contribution to Assuran
entry of a certificate of title in the na
owner, and also upon the original
certificate of title of a building or other
land covered by said certificate, as w
of a certificate pursuant to any sub
registered land, there shall be paid to t
one-fourth of one per cent of the asse
estate on the basis of the last asse
purposes, as contribution to the Ass
the land involved has not yet been a
its value for purposes of this decree sh
the sworn declaration of two disinter
effect that the value fixed by them is
fair valuation.
Nothing in this section shall in any wa
from increasing the valuation of th
appear during the hearing that the valu
Section 94. Custody and investmen
received by the Register of Deeds
section shall be paid to the National
keep this money in an Assurance
invested in the manner and form au
shall report annually to the Commissio
condition and income thereof.
The income of the Assurance Fund s
principal until said fund amounts to fiv
pesos, in which event the excess inco
as well as from the collections of suc
into the National Treasury to the acco
Fund.
Section 95. Action for compensation
who, without negligence on his pa
damage, or is deprived of land or a
therein in consequence of the bringi
the operation of the Torrens system o
registration of land, through fraud or in
error, omission, mistake or misdescrip
of title or in any entry or memorandu
book, and who by the provisions of thi
otherwise precluded under the provis
bringing an action for the recovery
estate or interest therein, may bring a
of competent jurisdiction for the recov
paid out of the Assurance Fund.
Section 96. Against whom action fil
brought to recover for loss or damage
land or of any estate or interest th
through fraud, negligence, omis
misfeasance of the court personnel, R
deputy, or other employees of th
performance of their respective dutie
brought against the Register of Deed
city where the land is situated and th
as defendants. But if such action is b
loss or damage or for deprivation of la
therein arising through fraud, ne
mistake or misfeasance of perso
personnel, the Register of Deeds,
employees of the Registry, such act
against the Register of Deeds, the Na
other person or persons, as co-defen
duty of the Solicitor General in person
to appear and to defend all such sui
fiscal of the province or city where the
however, that nothing in this Decree
deprive the plaintiff of any right of actio
against any person for such loss or da
without joining the National Treasure
In every action filed against the Assur
shall consider the report of the Co
Registration.
Section 97. Judgment, how sati
defendants other than the National
Register of Deeds and judgment is en
and against the National Treasury, th
and any of the other defendants, exec
against such defendants other than
Register of Deeds. If the execution is
in whole or in part, and the officer
certificates that the amount due cann
the land or personal property of suc
only then shall the court, upon prope
amount of the execution and costs, o
remains unpaid, to be paid by the Nat
the Assurance Fund. In an action un
plaintiff cannot recover as compensat
market value of the land at the time
damage, or deprivation thereof.
Section 98. General Fund when liab
Assurance Fund is not sufficient to sa
the National Treasurer shall make u
from any funds available in the tre
appropriated.
Section 99. Subrogation of governme
In every case where payment has
National Treasurer in accordance with
Decree, the Government of the Repub
shall be subrogated to the rights of th
other parties or securities. The Nati
enforce said rights and the amount re
to the account of the Assurance Fund
Section 100. Register of Deeds as pa
it appears that the Assurance Fun
damages that may be incurred due
erroneous issuance of a certificate of
Deeds concerned shall be deemed
interest who shall, upon authority of
Land Registration, file the necessar
annul or amend the title.
The court may order the Register of
cancel a certificate of title or to do any
just and equitable.
Section 101. Losses not recovera
Fund shall not be liable for any loss, d
caused or occasioned by a breac
express, implied or constructive or b
resurveyed or subdivision of registere
expansion of area in the certificate of
Section 102. Limitation of Actio
compensation against the Assurance
any loss, damage or deprivation of
therein shall be instituted within a per
the time the right to bring such a
Provided, That the right of action h
survive to the legal representative of t
loss or damage, unless barred in his li
further, That if at the time such right o
the person entitled to bring such ac
insane or imprisoned, or otherwise u
such person or anyone claiming from,
bring the proper action at any time w
such disability has been removed,
expiration of the original period of s
provided.
CHAPTER VIII REGISTRATIO
Section 103. Certificates of title p
Whenever public land is by the Go
granted or conveyed to any person
brought forthwith under the operation o
be the duty of the official issuing
alienation, grant, patent or conveya
Government to cause such instrumen
Register of Deeds of the province or
lies, and to be there registered lik
conveyance, whereupon a certifica
entered as in other cases of regis
owner's duplicate issued to the grant
patent or instrument of conveyance f
to the grantee shall not take effect as a
the land but shall operate only as a c
Government and the grantee and as
to the Register of Deeds to make reg
of registration that shall be the opera
convey the land, and in all cases
registration shall be made in the offi
Deeds of the province or city where th
for registration shall be paid by the
registration and issuance of the certific
shall be deemed to be registered la
purposes under this Decree.
CHAPTER IX CERTIFICATE OF L
EMANCIPATION PATENT, AFFI
TENANCY
Section 104. Provisional Register
Department of Agrarian Reform shall
data processing a special registry boo
"Provisional Register of Documents i
which shall be kept and maintained
Deeds throughout the country. Said R
a register of:
a. All Certificates of Land Transfer (C
to P.D. No. 27; and
b. All subsequent transactions affe
Land Transfer such as adjustments,
and cancellations of erroneous C
Transfer.
Section 105. Certificates of Land Tr
Patents. The Department of Agrarian
to P.D. No. 27 issue in duplicate, a
Transfer for every land brought und
Transfer", the original of which shall b
farmer and the duplicate, in the Regis
After the tenant-farmer shall have fu
requirements for a grant of title und
Emancipation Patent which may cove
untitled property shall be issued by
Agrarian Reform.
The Register of Deeds shall comple
aforementioned Emancipation Patent
original certificate of title number in
land, and in case of registered prop
corresponding transfer certificate of t
the surrender of the owner's duplica
canceled.
In case of death of the grantee, the De
Reform shall determine his heirs or s
and shall notify the Register of Deeds
In case of subsequent transfer of pro
Emancipation Patent or a Certificate
from an Emancipation Patent, the Re
affect the transfer only upon receip
papers from the Department of Agrari
No fee, premium, of tax of any kind
imposed in connection with the issu
Emancipation Patent and for the re
documents.
Section 106. Sale of agricultural
voluntary deed or instrument purportin
mortgage, lease, sale or any other m
or conveyance of private agricultu
devoted to rice or corn or any port
registered unless accompanied by
vendor or executor stating that the
tenanted, or if tenanted, the same is
to the production of rice and/or corn.
If only a portion of the land is prim
production of rice and/or corn, and suc
tenanted, no such deed or instrumen
unless accompanied by an affidavit s
of the portion which is tenanted and
rice and/or corn, and stating furthe
instrument covers only the untenanted
is not primarily devoted to the prod
corn. A memorandum of said affidav
on the certificate of title. The Register
a copy of the registered deed or instr
the affidavit, to be furnished the Dep
Reform Regional Office where the
affidavit provided in this section shall n
case of a tenant-farmer who deals w
Land Transfer or Emancipation Paten
law.
CHAPTER X PETITIONS AND A
ORIGINAL REGISTRA
Section 107. Surrender of withhold d
Where it is necessary to issue a ne
pursuant to any involuntary instrume
title of the registered owner against hi
voluntary instrument cannot be registe
refusal or failure of the holder to su
duplicate certificate of title, the party
petition in court to compel surrender
Register of Deeds. The court, after he
registered owner or any person withh
certificate to surrender the same, and
new certificate or memorandum upon
person withholding the duplicate certif
to the process of the court, or if
outstanding owner's duplicate ce
delivered, the court may order the an
as well as the issuance of a new cer
thereof. Such new certificate and a
shall contain a memorandum of th
outstanding duplicate.
Section 108. Amendment and alterat
erasure, alteration, or amendment sh
registration book after the entry of a c
a memorandum thereon and the attes
Register of Deeds, except by order o
First Instance. A registered owner of
an interest in registered property, or,
Register of Deeds with the approval
of Land Registration, may apply by
upon the ground that the register
description, whether vested, contin
inchoate appearing on the certificate,
ceased; or that new interest not
certificate have arisen or been created
or error was made in entering a
memorandum thereon, or, on any du
that the same or any person on the
changed; or that the registered owne
registered as married, that the m
terminated and no right or interests of
thereby be affected; or that a corpo
registered land and has been dissolve
the same within three years after its
any other reasonable ground; and the
determine the petition after notice to
and may order the entry or cancellatio
the entry or cancellation of a me
certificate, or grant any other relief u
conditions, requiring security or bon
may consider proper; Provided, howe
shall not be construed to give the cou
the judgment or decree of registratio
shall be done or ordered by the court w
title or other interest of a purchaser ho
value and in good faith, or his heirs
his or their written consent. Where t
certificate is not presented, a similar
as provided in the preceding section.
All petitions or motions filed under th
under any other provision of this D
registration shall be filed and entitled
which the decree or registration was e
Section 109. Notice and replaceme
certificate. In case of loss or theft of
certificate of title, due notice under o
the owner or by someone in his beh
Deeds of the province or city where t
as the loss or theft is discovered. If a d
lost or destroyed, or cannot be pro
applying for the entry of a new certific
registration of any instrument, a sworn
of such loss or destruction may be fi
owner or other person in interest and
Upon the petition of the registered ow
in interest, the court may, after noti
direct the issuance of a new duplica
shall contain a memorandum of the fa
place of the lost duplicate certifica
respects be entitled to like faith and
duplicate, and shall thereafter be reg
purposes of this decree.
Section 110. Reconstitution of lost or
Torrens title. Original copies of certif
destroyed in the offices of Register
liens and encumbrances affecting th
such titles shall be reconstituted jud
with the procedure prescribed in R
insofar as not inconsistent with this De
relative to administrative reconstitutio
certificate prescribed in said Act is he
Notice of all hearings of the
reconstitution shall be given to the Re
place where the land is situated and
of Land Registration. No order or ju
reconstitution of a certificate of title sh
the lapse of thirty days from receip
Deeds and by the Commissioner of L
notice of such order or judgment witho
been filed by any of such officials.
CHAPTER XI SCHEDULE OF FEE
Section 111. Fees payable. The fees
of Court, the Sheriff, the Register of
Registration Commission shall be as
A. Fees payable to the Clerk of Court
the clerk of court or his deputies shall
1. For filing an application for the reg
fees shall be based on the assessed
for the current year, in accordance
schedule
(a) When the value of the property d
thousand pesos, fifteen pesos for th
pesos, or fractional part thereof, and
additional five hundred pesos, or fract
(b) When the value of the property d
thousand pesos but does not exceed
thirty five pesos for the first three
fractional part thereof, and five peso
one thousand pesos, or fractional par
(c) When the value of the propert
thousand pesos but does not ex
thousand pesos, eighty pesos for the
pesos, or fractional part thereof, and
additional ten thousand pesos, or frac
(d) When the value of the property
hundred thousand pesos but does not
thousand pesos, one hundred eighty p
hundred twenty-five thousand peso
thereof, and twenty pesos for each a
thousand pesos, or fractional part the
(e) When the value of the propert
hundred thousand pesos, five hundred
first five hundred fifty thousand peso
thereof, and forty pesos for each add
pesos, or fractional part thereof.
If the property has not been assessed
above prescribed shall be based on
value; and the applicant shall file w
sworn declaration of three disinteres
value fixed by him is to their knowledg
2. For filing a petition for review of judg
other claim adverse to the register
petition, twenty pesos.
3. For filing a petition after the decisio
twenty pesos. If it affects land decre
case, for each additional case, on
several lots or parcels of land in which
no common interest, each of such pet
corresponding fees as if separate pe
by him.
B. Fees payable to the Sheriff. The sh
for his services rendered in co
registration and cadastral proceeding
1. For posting notices of initial hearin
cases in conspicuous places on the la
notice, for each parcel of land on w
notice is posted, besides travel fees, t
2. For posting notices of initial hearin
in conspicuous places on the lands in
for each group of one hundred lots on
notice is posted, besides travel fees, t
3. For posting one copy of a notice
conspicuous place upon the municipa
municipality, or municipal district in
portion thereof lies, besides travel fee
4. For serving notices upon cadastra
before the court, travel fees only as p
of Court.
5. For all other services not mention
fees including travel fees as provided
for similar services.
C. Fees payable to the Register of De
Deeds shall collect fees for all servic
under this Decree in accordance
schedule:
1. Original certificate of title. For the
certificate of title and issuance of on
certificate, ten pesos for the first parc
thereon and five pesos for each addit
2. Entry fee. For each entry fee in the
five pesos.
3. Attachment, levy, etc. For the
attachment, levy, writ of execution,
pesos for each parcel of land affected
4. Lis Pendens, etc. For the annotat
pendens, or of any document or
therewith, for each of land affected th
5. Release of encumbrance. For t
release of any encumbrance, except
other lien for the cancellation of wh
prescribed herein, for each parcel of l
pesos; but the total amount of fees to
exceed the amount of fees paid for th
encumbrance.
6. Court Order. For the annotation of
for the amendment of, or the making o
a certificate of title, except inclus
improvements, or any order directing
document, or of any right or interes
order, or the cancellation of a certific
issuance of a new one, ten pesos for e
on which the annotation is made, in
prescribed under paragraphs sixteen
case may be, of this subsection, in th
for the registration of such document,
7. Building. For the annotation of an
the inclusion of building and/or improv
of title, ten pesos for each certificate o
8. Powers of attorney, letters
appointment of guardian, resolution o
For registering and filing a power o
administration or letters testamenta
accompanied by a copy of the test
allowance of a will with attested copy
appointment of guardian for a mi
person, appointment of receiver, trus
articles of incorporation of any corpo
partnership, or resolution of its
empowering an officer or member th
of the same, twenty pesos; and for th
papers on certificates of title when req
or regulations, five pesos for each
annotated: Provided, however, that w
allowance of a will and the letters testa
administration are filed together, on
collected. For registering an instrumen
of the paper mentioned above, five pe
on the corresponding certificate of t
each certificate of title.
9. Notice of tax lien, loss, etc. For the a
of tax lien of any description notice of
of a certificate of title, order of the
duplicate or copy null and void, n
address, or the cancellation of any
each certificate of title, five pesos.
10. Carry over of annotation. F
memorandum of an encumbrance o
certificate of title which is canceled
thereof, for each memorandum th
pesos.
11. Annotation on additional copy
memorandum made in a standing c
certificate of title after a similar mem
made in the original thereof, of each c
pesos.
12. No specific fee. For any memo
certificate of title for which no spec
above, for each certificate of title, five
13. Transfer to trustee, executor, ad
For the issuance of a transfer certific
its duplicate, to a trustee, executo
receiver, or for the cancellation of su
and issuance of a new one, including
cestui que trust in case of trusteesh
certificate covers more than one parce
fee of five pesos shall be collected
parcel or lot.
14. Transfer certificate of title. For
transfer certificate of title, including
person other than those named in
paragraph, ten pesos, in addition to
prescribed in paragraph sixteen or se
may be, of this subsection, if the sam
certificate covers more than one parce
fee of five pesos shall be collected
parcel or lot.
15. Additional copy of title. For the
owner's duplicate or a co-owner's co
title, or any additional duplicate or cop
for the first page and five pesos for ea
or fraction thereof.
16. Registration fee. For the registrati
conveyance, transfer, exchange, par
deed of sale with pacto de retro, con
sale at public auction, sale for non-pay
sale subject to redemption, or
redemption of the property so sold; a
judgment or decree divesting the ti
owner, except in favor of a trustee, ex
or receiver; option to purchase or
mortgage, surety, bond, lease, easem
other real right or lien created or cons
distinct contract or agreement, and
condition of sale, transfer or conveya
enlargement, extension or novation of
other real right, or a release of mort
lease, or consolidation of ownership
with pacto de retro; where no speci
therefor in the preceding paragraph
based on the value of the consideratio
the following schedule:
(a) Six thousand pesos maximum. W
consideration does not exceed six tho
pesos for the first five hundred peso
thereof, and three pesos for each ad
pesos, or fractional part thereof.
(b) Thirty thousand pesos maximum. W
consideration is more than six thousan
exceed thirty thousand pesos, or fra
and eight pesos for each additional tw
fractional part thereof.
(c) One hundred thousand pesos m
value of the consideration is more
pesos but does not exceed one hund
one hundred fifty pesos for the first
pesos, or fractional part thereof, an
each additional five thousand peso
thereof.
(d) Five hundred thousand pesos m
value of the consideration is more
thousand pesos but does not ex
thousand pesos, three hundred fifty-t
one hundred ten thousand pesos, or fr
and twenty pesos for each additional
or fractional part thereof.
(e) More than five hundred thousan
value of the consideration is more
thousand pesos, one thousand on
pesos for the first five hundred twenty
fractional part thereof, and thirty peso
twenty thousand pesos, or fractional p
17. Fees for specific transactions
transactions, however, the basis of
under paragraph sixteen of this subse
the value of the consideration is stat
shall be as hereunder set forth:
(a) Exchange. In the exchange of real
the fees to be paid by each party
assessed value of the properties ac
from the other, in addition to the
consideration, if any, stated in the con
(b) Hereditary transfer. In the transmis
estate without partition or subdivis
among the heirs, devisees or lega
specification of the share of each in th
the basis shall be the total current as
property thus transmitted.
(c) Partition of hereditary estate; Con
partition of an hereditary estate which
the deceased, in which determin
adjudicated to each heir devisee or
group of heirs, devisees or legatees,
to be paid by each person or group,
shall be the total current assessed va
thus adjudicated to each person or
however, of conjugal property, the ba
registration of one-half thereof in the n
spouse shall be the total current as
properties adjudicated to said spouse
(d) Subdivision or partition. In the par
held in common by several registered
of the fees to be paid by each co-ow
owners shall be the total assessed v
taken by each co-owner or group.
(e) Conveyance: several lots and
conveyance or transfer of two or mo
favor of two or more separate parties
single instrument, the basis shall be
paid by each party-buyer, or, in the
consideration, such portion thereof
accordance with the assessed value o
acquired by each party-buyer.
(f) Conveyance of properties in differe
conveyance, or transfer of properties
cities or provinces, the basis of the fee
Deeds where the instrument is to be re
total selling price of the properties situ
city or province, or, in the case of lum
such portion thereof as obtained for t
within the jurisdiction of the resp
apportioning the total considera
conveyance or transfer in accordan
assessed value of such properties.
(g) Conveyance of mortgaged prop
conveyance, or transfer of a mortgage
shall be the selling price of the proper
amount of the mortgage, or the unpa
the latter is stated in the instrument.
situated in different cities or provinces
in each Registry of Deeds where the
registered shall be such sum as obtain
situated in the respective city or provin
in accordance with the current asse
properties the total amount of con
computed, unless the selling price of t
city or province and the proportionate
amount of unpaid balance of the mortg
instrument, in which case, the aggre
price and share shall be the basis. In
where the aggregate value of the con
computed shall be less than the curre
the properties in the city or provin
assessed value shall be the basis
respective Registry.
(h) Mortgage of properties in diff
mortgage affecting properties situated
provinces, the basis of the fees in eac
where the document is to be regis
amount as obtained for the proper
jurisdiction of said Registry after a
amount of the mortgage in accorda
assessed value of such properties.
(i) Release of mortgage. In the releas
basis of the fees shall be an amou
centum of the total amount of obliga
mortgage. If the properties are situate
provinces, the basis of the fees in ea
ten per centum of such sum as obtain
in the respective city or province a
amount of the mortgage in accorda
assessed values of such properties. In
release, the fees shall be based on te
current assessed value of the proper
respective city or province; Provided,
several partial releases had been
corresponding to the final release sha
basis of ten per centum of the diff
amount of the mortgage and the
consideration used as basis for the c
paid for the registration of all previous
(j) Certificate of sale. In a certificate of
by virtue of an order of execution or sa
the payment of taxes, or repurchas
sold, the basis of the fees in each Reg
centum of the selling or repurchase
lying within the jurisdiction of the Reg
(k) Affidavit of consolidation of owners
the consolidation of ownership over
pacto de retro or pursuant to an extr
under the provisions of Act Numbere
and thirty-five, as amended, the basi
Registry shall be an amount equivale
of the consideration of the sale in th
province.
(l) Contract of lease. In contracts of le
fees in each Registry shall be the su
the lessee for the properties situated
or province during the entire peri
contract, including the extension c
parties which may be given effect wit
further registration. If the period is f
otherwise not fixed, the basis shall b
rentals due for thirty months. If t
distributed, the total amount thereof
shall be apportioned to said propertie
their assessed values, and the pro
obtained for each city or province sha
fees to be collected in the Registry co
(m) Termination of lease. In the term
basis of the fees in each registry shall
the amount used as basis for the colle
for the registration of said lease.
(n) Option to purchase or promise to
option to purchase or promise to sell,
in each Registry shall be ten per ce
assessed value of the property subje
the respective city or province.
(o) Consideration not stated or fixed o
value. In other transactions where th
consideration is not fixed in the co
determined from the terms thereof, o
conveyance, or transfer, the conside
than the current assessed value of th
of the fees shall be the current as
property involved in the transaction.
situated in different cities or provinces
in each Registry shall be the current a
properties lying within the jurisdict
concerned.
18. Issuance of copy of document. Fo
any entry, decree, document, or othe
centavos for each hundred words
contained in the copies thus furnished
19. Certified copy. For certifying a cop
next preceding paragraph, for each ce
for one page and one peso for e
certified.
20. Certification. For issuing a certi
showing the existence or non-existen
registration books or a document on
certificate containing not more than
five pesos; if it exceeds that number
one peso shall be collected for ever
fraction thereof, in excess of the first t
21. Research fee. For services rend
request for reference or researches
documents on file in the Registry, the
two pesos per document or record.
D. Fees payable to the Commissioner
The fees payable to the Com
Registration shall be as follows:
1. For verification and approval of subd
shall be:
(a) For each lot ...
(b) For each corner of a lot, irrespectiv
...............
(c) For each traverse station .........
(d) For each observation ...........
(e) In case the plan is a resurveyed or
shall be collected.
Provided, however, that the total fee a
whether for subdivision and/or consol
survey, resurveyed or relocation plan
less than P8.00 per plan.
2. For changing or correcting the nam
appearing on the subdivision plan or o
have it conform to that stated in the c
covering the land, and for the cancella
plan when so requested by the interes
shall be a fee of P5.00 per plan.
3. The rates of fees prescribed in para
inclusive, shall apply to similar service
connection with the examination, veri
approval of consolidation, consolidatio
resubdivision, and reconsolidation pla
order plans on the basis of certified co
descriptions of plans approved by the
Commission or the Bureau of Lands,
other plans of similar nature.
In the computation of fees relative to
consolidation and consolidation-subd
two pesos shall be collected per lot as
old survey in addition to the fee collec
hereof for the new lots.

4. For the preparation of a plan in a tr

survey, the data of which are availabl
Commission, except when the same i
an existing plan, the fees shall be com
(a) When the plan to be so prepared c
1. For the first ten corners or fraction t
2. For the next ten corners or fraction
3. For each corner in excess of the firs

(b) When the plan to be so prepared c

lots:
1. For the first lot, which must be the b
..........
2. For each additional lot, irrespective
first lot or any other lot
3. For each non-adjacent lot (other tha
corners ........
4. If any lot contains more than twenty
........

5. For the preparation of a plan in trac

traced from an existing plan, complete
distances of corners and tie lines, the
centum of the fees prescribed in para
6. For the preparation of a plan in trac
copied from an existing plan, complet
distances of sides and tie-lines, but u
scale, the fee shall be 50 per centum
prescribed under paragraph 4 above,
reduced scale; or 60 per centum of th
made on an enlarged scale.
7. For the preparation of a simple plan
available survey or plan on any paper
cloth, the fee on the basis of each lot,
(a) For the first ten corners or fraction
(b) For the second ten corners or frac
(c) For the third ten corners or fraction
(d) For each corner in excess of the fi
(e) If the sketch is prepared in tracing
(f) If the plan or sketch so prepared c
add to the total fees as above com

8. For furnishing a plan copy (blue-pri

any plan on file in the Commission, th
follows:
(a) For the copy of any size not excee
.......
(b) For one copy of more than forty sq
exceeding eighty square decimete
............
(c) For one copy of more than eighty s
exceeding one hundred twenty squ
..
(d) For one copy in excess of one hun
in size, the basis rate of nine peso
 decimeters or fraction thereof in ex
........

9. For the preparation of technical des

mere copying from an existing copy, t
collected the following fees:
(a) For technical descriptions of lots o
1. For each lot ...........
2. For each corner of a lot ...........
3. For each extra carbon copy, extra
4. Minimum total charge .............
(b) For lot description prepared in trac
1. For each sheet .........
2. For each lot ..........
3. For each corner in excess of ten fo
(c) Any common corner shall be coun

10. For certification of plans or copies

correctness of the same, per plan or p
for the issuance of all other certificatio
30-centavo documentary stamp to be
11. For inspection of land subject of p
simple or complex subdivision plans,
consolidation-subdivision, resubdivisi
reconsolidation plans, special work or
plans of similar nature for the purpose
and/or approval:
(a) For each plan with an aggregate a
(b) For each subdivision with an aggre
1. For the first 1,000 s.m. .............
2. For every succeeding 1,000 sq. m

12. For actual field work of subdivision

survey and resurveyed of land, the fe
follows:
(a) Subdivision survey:
1. Rural (Agricultural)
Area Survey
For the first hectare ........... P 350.0
For the 2nd ha. to 10th ha. An add
For the 11th ha. to 20th ha. An add
For the 21st ha. to 30th ha. An add
For the 31st ha. to 200th ha. An add
For the 201st ha. or over An add

A fraction of a hectare shall be consid

2. Urban (Solar):
First 200 sq. m. or less .........
Succeeding 201 sq. m. or more .........

(b) Relocation Survey or Resurveyed:

The fee for relocation survey or resur
hundred fifty per cent (150%) of the a
collectible on the basis of the schedul
subdivision survey as provided in the
paragraph plus one per cent (1%) of t
of the land.
Special Account. Twenty per centum
of the Registers of Deeds and of the L
Commission under this Section and S
of this Decree shall be appropriated a
a budget for it by the Ministry of the B
amounts shall be disbursed and all of
Registration Commission, for the purc
equipment, for payment of allowances
employees of the Commission, includ
Registries of Deeds, as authorized by
for contracts regarding security printin
forms, for survey contracts, and for th
other operating expenses of the Com
CHAPTER XII FORMS USE
REGISTRATION AND CONV
Section 112. Forms in conveyancing
of Land Registration shall prepare co
as may be necessary to help facilitat
land registration and shall take char
land title forms.
Deeds, conveyances, encumbrances
of attorney and other voluntary in
affecting registered or unregistered
accordance with law in the form of pu
be registerable: Provided, that, every
be signed by the person or persons e
the presence of at least two witnesse
sign thereon, and shall acknowledge
and deed of the person or persons
before a notary public or other public
law to take acknowledgment. Wher
acknowledged consists of two or more
page whereon acknowledgment is w
the copy which is to be registered
Register of Deeds, or if registration
each page of the copy to be kept b
except the page where the signature
the foot of the instrument, shall be sign
thereof by the person or persons exe
and their witnesses, and all the ag
notarial seal, and this fact as well as
shall be stated in the acknowled
instrument acknowledged relates t
mortgage or encumbrance of two or m
the number thereof shall likewise b
acknowledgment.
CHAPTER XIII DEALINGS WITH
LANDS
Section 113. Recording of instr
unregistered lands. No deed, con
lease, or other voluntary instrumen
registered under the Torrens system
as between the parties thereto, unl
shall have been recorded in the mann
in the office of the Register of Deeds fo
where the land lies.
(a) The Register of Deeds for each p
keep a Primary Entry Book and a Re
Primary Entry Book shall contain, amo
the entry number, the names of the p
the document, the date, hour and min
and received. The recording of th
instruments relating to unregistered la
by any of annotation on the space pro
Registration Book, after the same sha
in the Primary Entry Book.
(b) If, on the face of the instrument,
sufficient in law, the Register of D
record the instrument in the manner
case the Register of Deeds refuses
record, said official shall advise the
writing of the ground or grounds for
latter may appeal the matter to the C
Registration in accordance with the p
117 of this Decree. It shall be u
recording made under this sectio
prejudice to a third party with a better
(c) After recording on the Record B
Deeds shall endorse among other thin
of the recorded instruments, the file n
as well as the hour and minute whe
received for recording as shown in the
returning to the registrant or person in
of the instrument, with appropriate a
that he has recorded the instrument
copy thereof to be furnished the provi
as required by existing law.
(d) Tax sale, attachment and levy, n
adverse claim and other instrumen
involuntary dealings with respect to u
made in the form sufficient in law
admissible to record under this sectio
(e) For the services to be rendered
Deeds under this section, he shall coll
of fees prescribed for similar services
deeds or instruments concerning regi
CHAPTER XIV REGISTRATIO
MORTGAGES
Section 114. Recording of chattel m
mortgage shall be recorded in the off
Deeds of the province or city where th
as well as where the property is situat
Section 115. Manner of recording
Every Register of Deeds shall keep a
and a Registration Book for chattel mo
on each mortgage filed for record
duplicate, the date, hour, and minute
by him received; and shall record in su
mortgage, assignment or discharge th
instrument relating to a recorded mo
instruments shall be presented to h
original to be filed and the duplicate
person concerned.
The recording of a mortgage shall be
an entry, which shall be given a correl
forth the names of the mortgagee an
sum or obligation guaranteed, date of
of the notary before whom it
acknowledged, and a note that the pro
well as the terms and conditions
mentioned in detail in the instrument fi
file number thereof. The recording
relating to a recorded mortgage shall
annotation on the space provide
Registration Book, after the same sha
in the primary Entry Book.
The Register of Deeds shall also cert
of sale upon any mortgage, making
record of such officer's return to the
the record of the mortgage, and a refe
on the record of the mortgage itself,
copy thereof, when requested, upon
fees for such copy thereof, when requ
of the legal fees for such copy an
mortgage officer's return of sale or dis
and upon any other instrument relatin
mortgage, both on the original and
date, hour, and minute when the s
record and record such certificate inde
mortgagees, which record and index s
inspection.
Duly certified copies of such re
instruments shall be receivable as evi
Section 116. Fees for chattel mortgag
of Deeds shall collect the followin
rendered by him under this section:
1. Entry fee. For entry or presentation
the Primary Entry Book, five pesos
presented together with the principal
be charged any entry or presentation
in interest desires that they be likewis
2. Chattel Mortgage. For filing and re
mortgage, including the necessa
affidavits, the fees established in th
shall be collected:
(a) Six thousand pesos maximum. Wh
mortgage does not exceed six thou
pesos for the first five hundred peso
thereof, and three pesos for each ad
pesos, or fractional part thereof.
(b) Thirty thousand pesos maximum.
the mortgage is more than six thousan
exceed thirty thousand pesos, forty
initial amount not exceeding eight th
eight pesos for each additional two
fractional part thereof.
(c) One hundred thousand pesos m
amount of the mortgage is more than t
but does not exceed one hundred t
hundred fifty pesos for the initial am
thirty-five thousand pesos, and fourt
additional five thousand pesos of frac
(d) Five hundred thousand pesos m
amount of the mortgage is more
thousand pesos but does not ex
thousand pesos, three hundred fifty-tw
amount not exceeding one hundred
and twenty pesos for each additional
or fractional part thereof.
(e) More than five hundred thousan
amount of the mortgage is more
thousand pesos, one thousand on
pesos for the initial amount not exc
twenty thousand pesos, and thirty pes
twenty thousand pesos or fractional p
however, that registration of the mort
where the property is situated shall be
and provided, further, that if the
registered in more than one city or p
of Deeds of the city or province where
presented for registration shall collect
fees due in accordance with the
above, and the Register of Deeds
province where the same instrum
registered shall collect only a sum equ
centum of the amount of fees due an
of province, but in no case shall the
Registry be less than the minimum fix
3. Conveyance of mortgaged propert
each instrument of sale, conveyanc
property which is subject of a recorde
assignment of mortgage credit, the fe
preceding schedule shall be collected
per centum of the amount of the
balance thereof, provided, that the l
instrument.
4. Notice of attachment. For recor
attachment, including the nece
annotations, eight pesos.
5. Release of mortgage. For record
mortgage, including the necessary in
the fees established in the schedule
above shall be collected on the basis
the amount of the mortgage.
6. Release of attachment. For record
attachment, including the proper anno
7. Sheriff's return of sale. For recording
of sale, including the index and refere
8. Power of attorney, appointm
administrator or trustee. For recording
appointment of judicial guardian, adm
or any other instrument in which a per
act in behalf of another in connection
pesos.
9. No specific fee. For recording each
relating to a recorded mortgage, incl
index and references, for which no sp
above, five pesos.
10. Certified copy. For certified copies
as are allowed by law for copies kep
Deeds.
11. Certification. For issuing a certi
showing the existence or non-existen
registration book, or a document on
certificate containing not more than
five pesos; if it exceeds that number
one peso shall be collected for every
or fractional part thereof, in excess of
words.
12. Research Fee. For services rend
requests for references to, or research
on file in the Registry, there shall be c
pesos per document.
CHAPTER XV CONSU
Section 117. Procedure. When the R
doubt with regard to the proper s
memorandum to be made in pursu
mortgage or other instrument pre
registration, or where any party in int
with the action taken by the Reg
reference to any such instrument, th
submitted to the Commissioner of Lan
Register of Deeds, or by the party
Register of Deeds.
Where the instrument is denied registr
Deeds shall notify the interested pa
forth the defects of the instrument or
upon, and advising him that if he is n
ruling, he may, without withdrawing
the Registry, elevate the matter by con
from receipt of notice of the denial
Commissioner of Land Registration.
The Register of Deeds shall make a
pending consulta on the certificate o
canceled motu proprio by the Registe
resolution or decision thereof, or
withdrawn by petitioner.
The Commissioner of Land Registra
consulta and the records certified to h
parties and hearing, shall enter an o
step to be taken or memorandum
resolution or ruling in consultas sha
binding upon all Registers of Deeds
party in interest who disagrees with
ruling or order of the Commissioner
may appeal to the Court of Appeals w
in manner provided in Republic Act N
CHAPTER XVI FINAL PR
Section 118. Appropriation. There is
initially the sum of TWELVE MILLION
FORTY THOUSAND PESOS (P12,3
National Treasury not otherwise a
implementation of this decree; thereaf
added to the regular appropriation ac
Section 119. Postage exemption. No
mailing charges shall be required in a
by the Land Registration Commission
of Deeds in the implementation of S
118 and 117 of this Decree.
Section 120. Repealing clause. All la
rules and regulations, or parts the
inconsistent with any of the provision
hereby repealed or modified accordin
Section 121. Separability clause. In
provision of this Decree is declared
validity of the remainder shall not be a
Section 122. Effectivity. This Decree
its approval.
Done in the City of Manila, this 11th da
of Our Lord, nineteen hundred and se

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