Professional Documents
Culture Documents
DEED is the instrument in writing by which any real estate or interest therein is created, alienated,
mortgaged, or assigned, or by which title to any real estate may be affected in law or equity.
TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application,
the court may, after appropriate proceedings, direct the issuance of a certificate of title
NATURE OF TORRENS SYSTEM • Judicial in character and not merely administrative • Proceeding is in
rem (binding upon the whole world)
CONCEPT OF TORRENS SYSTEM • Does not create or vest title • Only confirms (does not confer)
ownership
TORRENS TITLE is a certificate of ownership issued under the Torrens System, through the Register of
Deeds, naming and declaring the owner of the real property described therein, free from all liens and
encumbrances except such as may be expressly noted there or otherwise reserved by law.
GENERAL RULE: A title once registered cannot be impugned, altered, changed, modified, enlarged, or
diminished • EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent
third persons
PROBATIVE VALUE OF THE TORRENS TITLE • Torrens Title may be received in evidence in all courts in the
Philippines, and shall be conclusive as to all matters contained therein, principally as to the identity of
the land owner except so far as provided in the Land Registration Act.
1. Original Certificate of Title: the first title issued in the name of the registered owner by the Register of
Deeds (ROD) covering a parcel of land which had been registered by virtue of a judicial or administrative
proceeding.
2. Transfer Certificate of Title: the title issued by the ROD in favor of the transferee to whom the
ownership of the already registered land had been transferred by virtue of a sale or other modes of
conveyance.
MODES OF ACQUIRING TITLE: