Professional Documents
Culture Documents
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Land Titles and Deeds
A purchaser who has knowledge of defect of his vendors GR: A forged deed is a nullity and conveys no title.
title cannot claim good faith. He cannot close his eyes to
facts which should put a reasonable cautious man upon The innocent purchaser for value protected by law
his guard, to put him upon such inquiry and investigation is one who purchases a titled land by virtue of a
as might be necessary to acquaint him with the defects deed executed by the registered owner himself, not
of his title, and then claim that there was no defect in the by a forged deed.
title.
When the instrument presented for registration is
Good faith applicable to lessees and mortgagees: forged, the registered owner does not thereby lose
A mortgagee has a right to rely in good faith on the his title, and neither does the assignee or the
certificate of title of the mortgagor to the property given mortgagee, for that matter acquire any right or title
as security to the property
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Land Titles and Deeds
Hence, even if the mortgagor is not the rightful owner of, showing the portion into which is has been
does not have a valid title to, the mortgagee is entitled to subdivided and the corresponding technical
protection. description shall have been approved and verified.
b. However, the deed of conveyance in the meantime
be annotated by way of memorandum on the
Section 54. Dealings less than ownership, how grantors certificate of title to serve as notice to 3 rd
registered. persons.
c. Upon approval of the plan and the technical
At the dorsal side of a certificate of title is a memorandum description, it shall be filed with the office of the
of encumbrances affecting the property. It is here that all ROF for annotation on the certificate of title.
interests in registered land less than ownership shall be d. ROD shall then issue a new TCT to the grantee for
entered by the ROD. (i.e. Mortgage/Lease) the portion conveyed upon cancellation of the
grantors certificate as to said portion.
It is not necessary to issue a new certificate of title on the
basis of an instrument which does not divest the
ownership or title from the owner or from the transferee
of the registered owner. Section 58. Carry Over of Encumbrances
A brief memorandum of the nature of the instrument Whenever registered land is conveyed, all subsisting
entered on the certificate of title on the certificate of title, encumbrances or annotations appearing in the
signed by the ROD, shall serve as notice to third parties registration shall be carried over and noted on the new
of the instrument affecting the property. A similar entry certificate of title EXCEPT where said encumbrances or
shall be made on the owners duplicate of title. The annotations are simultaneously released or discharge.
cancellation or extinguishment of such interest or rights
shall be recorded in the same manner. Section 60. Mortgage or Lease of Registered Land
Section 55. Contents of the instrument presented for A property has been identified or set apart from the mass
registration of the property of the debtor-mortgagor as security for
the payment or the fulfillment of an obligation to answer
Section 56. Primary Entry Book; Fees; Certified Copies the amount of indebtedness, in case of default payment.
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Land Titles and Deeds
negligent or in connivance with the forger, the mortgage Good Faith; the filing of the action must have been
cannot be enforced against the owner. for sole purpose of determining the redemption
price
A forged power of attorney is without force and effect, Once the redemption price is determined at a
and the record of the mortgage constituted by virtue reasonable time the redemptioner must make a
thereof is likewise null and void and could not prejudice prompt payment
the rights of the owner.
In order to bind the principal by a mortgage on a real
property executed by an agent, it must upon its face
purport to be made, signed and sealed in the name of
the principal, otherwise, it will bind the agent only.
Unrecorded sale is preferred because the original owner Equity of Redemption Right of Redemption
had parted with his ownership and free disposal of that
thing so as to be able to mortgage it again. The right of the mortgagor The right of the mortgagor
to redeem the mortgaged to repurchase the property
SECTION 62. DISCHARGE OR CANCELLATION property after his default in even AFTER confirmation
the performance of the of the sale, in cases of
Upon full payment of the indebtedness or expiration of conditions of the mortgage foreclosure by banks, within
the lease agreement, a mortgage or lease on registered but BEFORE the sale of the 1 year from the registration
may be discharged or cancelled by means of an property or confirmation of of the sale.
instrument by the mortgage or lessee in public the sale.
instrument which shall be filed with the ROD.
This is simply the right of
PACTUM COMMISORIUM A stipulation in the contract the defendant mortgagor to
that the ownership of the property would automatically extinguish the mortgage
pass to the mortgagee in case no redemption was and retain ownership of the
effected with the stipulated period is VOID which enables property by paying the
secured debt within the 90-
the mortgagee to acquire ownership of the mortgage
day period after the
property without the need of foreclosure. judgment becomes final, in
accordance with Rule 68, or
1. There should be a property mortgaged by way even after the foreclosure
of security of the payment of the obligation. sale but prior to its
confirmation
2. There should be a stipulation for automatic
appropriation by the creditor of the thing Applies to Judicial Applies to Extra-Juidicial
mortgaged in case of non-payment of the Foreclosure Foreclosure
principal obligation within the stipulated
period.
Confirmation of Sale
SECTION 63. FORECLOSURE OF M ORTGAGE It is confirmation by the court of the action sale that would
divest the mortgagors of their rights to the mortgage lot
FORECLOSURE - the process by which a mortgagee and vest such rights in the bank as purchaser at the
acquires an absolute title to the property of which he has auction sale. Title vest only when the sale has been
previously been only the conditional owner or upon which validly confirmed by the court.
he had previously a mere lien or encumbrance.
What is required for redemption is the tender of the
Prescription: 10 years amount due under the mortgage deed, plus interest, and
note merely the purchase price at the auction sale.
Remedies in case of default: [ 1. Demandable and
liquidated 2. Delays performance 3. Creditor extra If the land is mortgage to a rural bank, the mortgagor may
judicially or extra judicially requires the debtors redeem the property within two years from the date of
performance] foreclosure or from the sheriffs certificate of sale at such
a. Foreclose the mortgage foreclosure. If the mortgagor fails to exercise such right,
b. File an ordinary action to collect the debt his heirs may still repurchase the property within 4 years
from the expiration of the two-year redemption period.
Judicial Foreclosure of Mortgage: Rule 68, Section 3,
ROC After the one-year redemption period, the mortgagor
Extrajudicial Foreclosure the property is foreclosed by loses all interest over the foreclosed property, the
the filing of a petition with the office of the sheriff of the possession of land becomes an absolute right of the
province where the sale is to made. purchaser as confirmed by the owner. The purchaser can
demand possession at any time following the
REDEMPTION consolidation of ownership in his name and the issuance
to him of a new TCT.
The period of redemption shall be at any time within one
year from the date of registration of sale. It should not be Writ of Possession (ex parte and summary)
counted from date of foreclosure sale, but from the time
certificate of sale is registered with ROD since it is only The purchaser is entitled to the possession of the
from these date of its registration that a certificate of sale property and can demand that he be placed in
takes effect as a conveyance. possession unless a third party is actually holding the
property by adverse title or right.
By failing to redeem, the mortgagor loses all his interest
over the foreclosed property. The purchaser becomes SECTION 64. POWER OF ATTORNEY
the absolute owner.
Special Power of Attorney refers to a clear
mandate specifically authorizing the performance
Rule in Case of Judicial Redemption:
of an act, and must therefore be distinguished from
Timely redemption or redemption by expiration date an agency couched in general terms.
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Land Titles and Deeds
SECTION 68. IMPLIED TRUST, HOW ESTABLISHED The court may compel surrender of a certificate of tile as
an incident to the main case. It requires the registered
Should file with the ROD a sworn statement: owner to produce the owners certificate that an
attachment of other lien in the nature of involuntary
A. Description of the land dealing, like an adverse claim, may be annotated
B. Name of registered owner thereon. If the owner neglects or refuses to comply within
C. Reference to the number of the certificate of title a reasonable time, he shall report such fact to proper
RTC in which shall, after notice, direct owner to produce
his certificate at a time and place specified in its order.
INVOLUNTARY DEALING
Any lien annotated on the previous certificate of title
Section 69. Attachment
which subsist should subsist should be incorporated in
or carried over to the new certificate of title.
Nature of Attachment
Attachment the process of seizing anothers property Section 72. Dissolution, etc. of attachments, etc.
in accordance with a writ or judicial order for the purpose Attachments and liens of every description upon registered
of securing satisfaction of a judgement yet to be land shall be continued, reduced, discharged and dissolved
rendered. by any method sufficient in law, and to give effect to the
The writ if attachment is used primarily to seize the continuance, reduction, discharge or dissolution thereof the
debtors property in order to secure the debt or claim of certificate or other instrument for that purpose shall be
the creditor in the event that a judgement is rendered. registered with the Register of Deeds.
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Land Titles and Deeds
order or judgment has been rendered shall be registered upon In case of subsequent sale or transfer, the ROD is duty
presentation to the ROD. bound to carry over the notice of lis pendens on all titles
to be issued. Such entryy of lis pendens cannot be
Section 74. Enforcement of liens on registered land cancelled until the final termination of the litigation, and
the notice must be carried over in all titles subsequently
issued, which yield to the ultimate result of appeal.
Whenever registered land is sold on execution, or taken
or sold for taxes or for any assessment or to enforce a
lien of any character or for any cost and charges incident Section 77. Cancellation of Lis Pendens
to such liens, any execution, or copy of execution, any
officers return, or any deed demand, certificate, or other A notice of lis pendens may be cancelled upon the order
instrument made in the course of the proceeding shall be of the court on the ff. grounds:
filed with the ROD.
1. Annotation was for the purpose of molesting the
title of the adverse party
The ff. incidents on registered lands in the nature of 2. When the annotation is not necessary to protect
involuntary dealings shall be registered to be effective: the title of the party who caused it to be recorded
3. Upon a verified petition of the party who cause
a. Continuance, Dissolution, Discharge of attachment the registration
b. Orders of decision of the court
c. Deed of Sale, officers Return, Order if execution Registration of judgements; Orders; Partitions
and other instrument
Section 78. Judgment for Plaintiff. Whenever in any action
to recover possession or ownership of real estate or any
Section 75. Application for New Certificate Upon interest therein affecting registered land judgment is entered
Expiration of Redemption Period.
for the plaintiff, such judgment shall be entitled to registration
on presentation of a certificate of the entry thereof from the
Entry of a new certificate in case registered which has clerk of court where the action is pending to the Register of
been sold on execution for the enforcement of any lien, Deeds for the province or city where the land lies, who shall
except a mortgage lien, has not been redeem within the enter a memorandum upon the certificate of title of the land to
period, the purchaser or anyone claiming under him may which such judgment relates. If the judgment does not apply
petition for the issuance of a new certificate of title to him. to all the land described in the certificate of title, the certificate
But before the entry of such new certificate, the
of the clerk of the court where the action is pending and the
registered owner may pursue all legal and equitable
remedies to impeach or annul the proceeding. memorandum entered by the Register of Deeds shall contain
a description of the land affected by the judgment.
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Land Titles and Deeds
A person having the right to compel the partition of real Eminent Domain
estate may do so by setting forth in his complaint the
nature and extent of his title and an adequate description The right of the eminent domain is usually understood to
of the real estate of which partition is demanded and be an ultimate right of the sovereign power to appropriate
joining as defendants all other persons interested in the any property within its territorial sovereignty. It enables
property. If the trial the court finds that the plaintiff has to forcibly acquire private lands intended for public use
the right thereto, it shall order the partition of the real upon payment of just compensation to the owner.
estate among all the parties in interest.
If actual partition is made, the judgement shall state Section 86. Extrajudicial settlement of Estate
definitely, by metes and bound and adequate
If the decedent left no will and no debts and the heirs are
description, the particular portion of the real estate
all of age, or the minors are represented by their judicial
assigned to each party, and the effect of the judgement
or legal representative duly authorized for the purpose,
shall be to vest in each party to the action on severalty
the parties may, without securing letters of
the portion of the real estate assigned to him.
administration, vide the estate among themselves as
they see fit by means of public instrument filed in the
Extra Judicial Partition between Heirs.
office of the ROD, and should they disagree, they may
The parties may without securing letters of do so in an ordinary action for partition.
administration, vide the estate among themselves as
they see fit by means of public instrument filed in the Section 87. Filing of letters of administration and will.
office of the ROD, and should they disagree, they may Before the executor or administrator of the estate of a
do so in an ordinary action for partition. deceased owner of registered land may deal with the same,
he shall file with the office of the Register of Deeds a certified
Stages in Partition copy of his letters of administration or if there is a will, a
1. Determination of whether or not a co-ownership on certified copy thereof and the order allowing the same,
fact exist and a partition as proper, that is, it is not together with the letters testamentary or of administration with
legally proscribed and be made by voluntary the will annexed, as the case may be, and shall produce the
agreement of the parties. duplicate certificate of title, and thereupon the Register of
Deeds shall enter upon the certificate a memorandum thereof,
2. When the parties are unable to agree upon the
making reference to the letters and/or will by their file number,
partition ordered by the court, the partition shall be
and the date of filing the same.
effected by the court with assistance of not more
than 3 commissioners.
Section 88. Dealings by administering subject to court
approval. After a memorandum of the will, if any, and order
Section 82. Registration of prior registered mortgaged or allowing the same, and letters testamentary or letters of
lease on partitioned property. administration have been entered upon the certificate of title
as hereinabove provided, the executor or administrator may
If a certified copy of a final judgment or decree of partition is alienate or encumber registered land belonging to the estate,
presented and it appears that a mortgage or lease affecting a or any interest therein, upon approval of the court obtained as
specific portion or an undivided share of the premises had provided by the Rules of Court.
previously been registered, the Register of Deeds shall carry
over such encumbrance on the certificate of title that may be Section 89. Land devised to executor
issued
Section 90. When executor empowered by will to SELL,
Section 82. Registration of prior registered mortgaged or CONVEY, ENCUMBER, CHARGED, OR OTHERWISE
lease on partitioned property. If a certified copy of a final DEAL WITH THEL LAND
judgment or decree of partition is presented and it appears
that a mortgage or lease affecting a specific portion or an Section 91. Transfer in anticipation of final distribution
undivided share of the premises had previously been
registered, the Register of Deeds shall carry over such
encumbrance on the certificate of title that may be issued. Section 92. Registration of final distribution.
Section 83. Notice of insolvency. Whenever proceeding in Section 93. Contribution to the Assurance Fund
bankruptcy or insolvency, or analogous proceedings, are
instituted against a debtor who owns registered land, it shall Section 94. Custody and investment of fund
be the duty of the officer serving the notice of the institution of
such proceedings on the debtor to file a copy thereof with the
office of the Register of Deeds for the province or city where Section 95. Action for compensation from funds
the land of the debtor lies. The assignee or trustee appointed
by the court in such proceedings shall be entitled to the entry Section 95 provides a remedy whereby a person who
of a new certificate of the registered land of the debtor or sustains loss or damage or is deprived of any estate or
bankrupt, upon presenting and filing a certified copy of the interest in land consequence of the operation of the
assignment in insolvency or order or adjudication in Torrents system of registration without negligence on his
bankruptcy with the insolvent's or bankrupt's duplicate part, may bring an action for the recovery of damages to
certificate of title; but the new certificate shall state that it is be paid out of the Assurance Fund
entered to him as assignee in insolvency or trustee in
bankruptcy or other proceedings, as the case may be.
a. A person sustains loss or damage or deprived of
any estate or interest in land
Section 84. Judgment or order vacating insolvency b. On account in bringing the land under the Torrens
proceedings. Whenever any of the proceedings of the
System arising AFTER original registration
character named in the preceding section against a registered c. Through FRAUD, ERROR, OMISSION, MISTAKE,
owner, of which notice has been registered, is vacated by MISDESCRIPTION
judgment, a certified copy of the judgment or order may be d. Without negligence on his part
registered. Where a new certificate has been entered in the e. Barred or precluded from bringing an action for the
name of the assignee or trustee, such certificate shall be rercovery of such land or estate or interest therein.
surrendered for cancellation and forthwith the debtor shall be
entitled to the entry of a new certificate to him
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Land Titles and Deeds
Conditions Sine Qua Non action at any time within two years after such disability has
been removed, notwithstanding the expiration of the original
period of six years first above provided.
a. The person who brings an action must be the
OWNER, that they be innocent purchaser and in
good faith Registration of Patents
b. There must showing that there is no negligence on
the part of the party sustaining the loss or damage
Section 103. Certificate of Title Pursuant to Patents
or deprivation of land
Section 99. Subrogation of government to plaintiff's The law governed the disposition of lands in public
rights. domains. It prescribed rules and regulations for the
homesteading selling, and leasing of portions of the
In every case where payment has been made by the National public domain of the Philippines, and prescribed the
Treasurer in accordance with the provisions of this Decree, terms and conditions to enable persons to perfect their
the Government of the Republic of the Philippines shall be titles to public lands.
subrogated to the rights of the plaintiff against any other
parties or securities. The National Treasurer shall enforce said Public Land Act Property Registration
rights and the amount recovered shall be paid to the account Decree
of the Assurance Fund. Presumption is always that There exist already title
land applied for pertains to which is to be confirmed by
Section 100. Register of Deeds as party in interest. the State, and that the the court.
occupants and possessors
claim an interest only in the
When it appears that the Assurance Fund may be liable for same by virtue of their
damages that may be incurred due to the unlawful or imperfect title or
erroneous issuance of a certificate of title, the Register of continuous, open,
Deeds concerned shall be deemed a proper party in interest notorious possession.
who shall, upon authority of the Commissioner of Land
Registration, file the necessary action in court to annul or The court may dismiss the
amend the title. The court has jurisdiction or application with or without
power to adjudicate land in prejudice to the right to file
favor of any of the a new application for the
The court may order the Register of Deeds to amend or cancel conflicting claimants. registration of the same
a certificate of title or to do any other act as may be just and land.
equitable.
Any action for compensation against the Assurance Fund by No public lands can be acquired by private persons
reason of any loss, damage or deprivation of land or any without any grant, express or implied from the
interest therein shall be instituted within a period of six years government. It is indispensable that there be a showing
from the time the right to bring such action first occurred: of a title from the state. (Homestead, Sale, Free Patent,
Provided, That the right of action herein provided shall survive Grant).
to the legal representative of the person sustaining loss or The law requires at least 30 years of open continuous,
damage, unless barred in his lifetime; and Provided, further, exclusive and notorious possession and occupation of
That if at the time such right of action first accrued the person agricultural lands of the public domain, under a bona fide
entitled to bring such action was a minor or insane or claim of acquisition immediately preceding the filing if the
imprisoned, or otherwise under legal disability, such person or application for free patent.
anyone claiming from, by or under him may bring the proper
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Land Titles and Deeds
EFFECT OF COMPLIANCE WITH LEGAL 7. Must show actual occupancy, cultivation and
REQUIREMENTS: improvement of at least 1/5 of the land until the date
of final payment
When a homesteader has complied with all the terms
and conditions which entitle him to a patent for a B. Residential, Commercial, Industrial purposes
particular tract of public land, he acquires a vested Lease only:
interest therein, and is to be regarded as the equitable
owner thereof
The execution and delivery of the patent, after the right a. Lands reclaimed by the government by degrading,
to a particular piece of land has become complete, are filling, or other means
the mere ministerial acts of the officer charged with that b. Foreshore
duty
Even without the patent, a perfected homestead is a Sold on a condition that purchaser shall make improvements
property right in the fullest sense, unaffected by the fact of a permanent character:
that the paramount title to the land is still in the
government
a. Marshy lands or lands covered with water bordering
upon the shore or banks if navigable river
Modes of Disposition (Public Lands suitable: b. Lands not included in any of the following classes
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Land Titles and Deeds
or inhabitant thereof or for quasi-public uses or purposes Period of redemption under section 119: 5-year period for
when the public interest requires it. legal redemption starts from the date of the execution of the
deed of sale, and not from the date of registration in the office
of the ROD
Special Patent
The grant by law of a property for the full ownership of It begins not at the date of the sale but rather on the
the grantee while the classification of the land is not at all day after the expiration of the period of repurchase,
decisive on such description since the special law or act when the deed of absolute sale is executed and the
of congress or the executive order may classify the land property formally transferred to the purchaser.
differently.
Rule in case of mortgage to a rural bank
Vested Right some right or interest in property that has
become fixed and established, and is no longer open to
The mortgagor may redeem the property within two
doubt or controversy. Rights are vested when the right to
years from the date of foreclosure or from the
enjoyment, present or prospective, has become the
registration of COS. If the mortgagor fails to exercise
property of some person as present interest.
such right, he or his heirs may still repurchase the
property within 5 years from the expiration of the 2-year
The patent or grant shall not take effect as conveyance redemption period. If it is mortgaged other than rural
or bind the land but shall operate only as a contract banks, it may be purchased within 1 year from the
between the parties. It is the act of registration that registration of the COS. If he fails to do so, his heirs
conveys or affects the land, and bind third persons. may repurchase within 5 years from the expiration of
the redemption period.
Only the government may initiate an action for
cancellation of title and reversion. The Solicitor General Repurchase may be barred by laches. While the rule is
or the officer acting in his stead has the authority to that the right to repurchase may not be waived, a
institute the action on behalf of the republic for patentee or his heirs may however lose that right by
cancellation of title and for reversion of the land to the virtue of laches.
government.
a. Conduct in the part of defendant, or of one whom
Courts have jurisdiction over possessory actions he claims, giving rise to situation which cimplaint is
involving public lands. made and for which the complaint seeks a
remedy.
b. Delay in asserting the complainants right, the
It is a well-recognized principle that purely administrative
complainant having had knowledge or notice, of
and discretionary functions may not be interfered with by
the defendant conduct and having been afforded
the courts. Findings of facts by an administrative board
an opportunity to institute a suit.
or official, following a hearing, are binding upon the court
c. Lack of knowledge or notice on the part of the
and will not be disturbed except where a board or official
defendant that the complainant would assert the
has gone beyond his authority, exercised
right on which he bases his suit.
unconstitutionality powers, or clearly acted arbitrarily and
d. Injury or prejudice to the defendant in the event
without regard of his duty or with grave abuse of
relief is accorded to the complaint, or the suit is not
discretion.
held to be barred.
Ratio:
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Land Titles and Deeds
Petitions and actions after original registration Section 110. Reconstitution of lost or destroyed original
of Torrens Title.
In case a person in possession of the owners duplicate a. The certificate is lost or destroyed
certificates refuses or fails to surrender the same the b. Documents are sufficient and proper to
ROD so that any voluntary or involuntary instrument may warrant reconstitution
be registered and a new certificate issued, the party in c. Petitioner is the registered owner
interest may file a petition in court to compel surrender of d. The description, area and boundaries are
the same to the ROD. The court after hearing, may order substantially the same.
the registered owner or any person withholding the
duplicate certificate to surrender the same, and direct the
Judicial Reconstitution
entry of a new certificate or memorandum upon such
order. If the person withholding the certificate is not
amenable to the process of the court, or if any reason the It is an action in rem, it is one directed not only against a
outstanding owners duplicate cannot be delivered, the particular person but against the thing itself. It is to bar
court may order the ANNULMENT of said certificate and indifferently all who might be minded to make any objection
the issuance of a new certificate of title in lieu thereof. against the right sought to be enforced or established, the
Such new certificate and all duplicate thereof shall judge therein is binding theoretically upon the whole world.
contain a memorandum of the annulment of the
outstanding duplicate
a. Published in the official Gazette
b. Posted in a conspicuous place
Section 108. Amendment and alteration of certificates. c. Mailed to every person names in the notice whose
address is known failure to comply such requirements
will nullify
A registered owner or any other person having an
interest in registered property may file with the proper
RTC a petition for amendment or alteration of a Administrative Reconstitution
certificate of title on any of the following grounds:
Administrative proceeding of lost or destroyed
a. Registered interest if any description has certificates of title may be availed only if case of
terminated ceased (vested, contingent, inchoate, substantial loss or deterioration of land titles due to fire,
expectant) flood, or other force majeure as determined by the
b. New interest not appearing have arisen or been administrator of the LRA and on the further condition
created that:
c. Any omission or error was made in entering a
certificate or an memorandum
a. The no. of certificates of title lost or
d. Same or any person on the certificate has been
damaged should at least be ten
changed
percent of total number in the
e. Registered owner has married (or terminated)
possession of ROD.
f. Corporation which owned the land has been
b. In no case shall be the number of
dissolve
certificated be less than 500.
g. Any other reasonable ground
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