WRIT OF POSSESSION

> Employed to enforce a judgment to recover possession of the land > A judgment confirming the title of the applicant and ordering its registration in his name necessarily carried with it the delivery of the possession which is an inherent element of the right of ownership > Sanctioned by laws in this jurisdiction and by generally accepted principle upon which the administration of justice rests > May be issued not only against the person who has been defeated in the registration case but also against anyone unlawfully and adversely occupying the land or any portion thereof during the land registration proceedings up to the issuance of final decree > Will not issue against persons taking possession after issuance of final decree > Writ doesn't issue in reconstitution cases Section 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner's estate is subject, as well as any other matters properly to be determined in pursuance of this Decree. The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description "To all whom it may concern".

DUTY OF THE LRA TO ISSUE DECREE MINISTERIAL

> Decree of registration is issued in the name of the court by the Administrator of the LRA in his capacity as an officer of the court and not as an administrative official merely > His duty is merely ministerial as he is acting under the orders of the court

DECREE OF REGISTRATION BINDS THE LAND AND QUIETS TITLE THERETO AND IS CONCLUSIVE UPON AND AGAISNT ALL PERSONS

ISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OF TITLE

> The court shall issue within 15 days from the entry thereof, an order directing the LRA administrator to issue the corresponding decree of registration and certificate of title

CERTIFICATE OF TITLE
1. The OCT shall be the true copy of the decree of registration 2. Transcript of the decree 3. Accumulates in one decree a precise and correct statement of the exact status of the fee simle title which an owner possesses 4. Evidence of the title which the owner has 5. What appears on the face of the title is controlling on questions of ownership sicne the certificate of title is an absolute and indeafisible evidence of ownership of the property in favor of the person whose name appears theein

DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THE WHOLE WORLD
> As soon as the decree of title has been registered in the office of the RD, the property included therein becomes registered land > Certificate of title shall take effect upon the transcription of the decree

REGISTRATION DOESN'T GIVE ANY PERSON A BETTER TITLE THAN WHAT HE REALLY HAS PROBATIVE VALUE OF A CERTIFICATE OF TITLE
> Serves as an indeafisible title to the property in favor of the person whose name appears therein and is conclusive as to the identity of the land and its location > The title becomes indeafisible and incontrovertible one year from its final decree > The notations or memoranda at the back of the certificate arent admissible as proof of the contracts or documents to which they pertain > Validity and correctness of the title is presumed

WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE EARLIER IN DATE PREVAILS ENTRY OF Original Certificate Of Title
> The OCT is issued for the first time after initial registration proceedings > OCT shall be the true coy of the decree of registration > Upon receipt of the RD of the original and duplicate copy of the certificate of title, he shall enter the same in the record book and shall be numbered, dated and signed and sealed with the seal of his office

ISSUANCE OF THE OWNERS DUPLICATE CERTIFICATE OF TITLE

> Shall be delivered to the registered owner or his duly authorized representative > If 2 or more persons are registered owners, one owners duplicate may be issued for the whole land > If the 2 co-owners desire, a separate duplicate may be issued to each of them in like form but all outstanding certificates so issued shall be surrendered whenever the RD shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein

THE ISSUANCE OF MORTGAGEES DUPLICATE CERTIFICATE IS DISCONTINUED CO OWNER MAY ONLY DISPOSE OF HIS ALIQUOT SHARE IN THE PROPERTY HELD IN COMMON REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNERS DUPLICATE
> Registered owner has preferential right to the possession of the owners duplicate as against one whose name doesn't appear in the certificate but who may have right or claim to the possession of the land

DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEAR UPON ITS ISSUANCE. THERE ARE EXCEPTIONS THOUGH
1. Laches 2. If there is fraud and misrepresentation on the title over public land 3. Buyer in bad faith 4. When the title over the land which you acquire is already privately owned

CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED THEREIN AND THE ENCUMBERANCES ENUMERATED IN THE LAW
1. Liens, claims, or rights existing or arising under the laws or the constitution which arent by law required 2. Unpaid real estate taxes levied or assessed within 2 years immediately preceding the acquisition of any right over the land 3. Any public highway or private way established or recognized by the law, or any government irrigation canal or lateral thereof 4. Any disposition of the property or limitation to the use thereof by virtue of PD 27 or any other law or regulation or agrarian reform Tenancy Emancipation Decree and Comprehensive Agrarian Reform Law) 5. Rights incident to the relation of husband and wife and landlord and tenant 6. Liability to attachment and execution 7. Liability to any lien of any description established by law and the buildings thereon or an interest of the owner of such lands or buidings

8. Rights incident to the laws of descent or partition between coowners 9. Taking of the property through eminent domain 10. Right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences 11. Rights or liabilities created by law and applicable to unregistered land

ENCUMBERANCES IN THE TITLE

> Burden upon land, depreciative of its value, such as lien, easement, or servitude, which though adverse to the interest of the landowner, doesn't conflict with his conveyance of the land in fee

LIEN ON THE TITLE

> Charge on the property > Qualified right or a proprietary interest which may be exercised over the property of another

REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT GO BEYOND THE REGISTRY TO DETERMINE CONDITIONS OF PROPERTY SUPERIOR LIEN IN FAVOR OF GOVERNMENT COMPLEMENTARY TO THE DISTRAINT OF PERSONAL PROPERTY AND INTEREST AND RIGHTS THEREIN AND JUDICIAL ACTION UNPAID REAL ESTATE TAXES
> Refers to unpaid taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value > Automatically registered

TENANT EMANCIPATION DECREE

> Tenant farmerif not registered, 5 hectares and if irrigated, 3 hectares > Landowner may retain an area of not more than 7 hectares if such landowner is cultivating such area or will not cultivate it

Comprehensive Agrarian Reform Law

> Landowner may not retain more than 5 hectares > Three hectares may be allowed to each child of the landowner provided that he is at least 15 years old and that he is actually tilling the land or directly managing the farm

PUBLIC PATENT
> Land not subject to any encumberance or alienation from the date of approval and for the term of 5 years from and after the date of issuance of the patent or grant

OTHER STATUTORY LIENS

> Alienable lands of the public domain granted or donated or transferred to a province, municipality, or branch of the government shall not be alienated or encumbered or otherwise disposed of in a manner affecting its title except when authorized by Congress

CONTENTS OF A CERTIFICATE OF TITLE

1. Full names of all persons whose interest make up the full ownership of the land 2. Civil status 3. Names of the respective spouses 4. Citizenship 5. Residence and postal address

NOTHING IN THE DECREE SHALL BE CONSTRUED AS RELIEVING THE REGISTERED LAND OR THE OWNERS THEREOF FROM ANY RIGHTS INCIDENT TO THE RELATION OF THE HUSBAND AND WIFE, LANDLORD AND TENANT, OR FROM LIABILITY FROM ATTACHMENT, LEVY OR EXECUTION, OR ANY LIEN ESTABLISHED BY LAW ON THE LAND AND THE BUILDINGS THEREON REGISTERED LAND MAY NOT BE ACQUIRED THROUGH ACQUISITIVE PRESCRIPTION REGISTERED OWNER MAY BE BARRED FROM RECOVERING POSSESSION THROUGH LACHES: ELEMENTS OF LACHES

1. Conduct on the part of defendant 2. Delay in asserting the complainants rights after having knowledge or notice and having been afforded opportunity to initiate a suit 3. Lack of knowledge or notice on the part of defendant 4. Inquiry or prejudice to the defendant

CERTIFICATE OF TITLE NOT SUBJECT TO ANY COLLATERAL ATTACK A DIRECT ATTACK ON THE TITLE MAY BE MADE IN A COUNTERCLAIM OR THIRD-PARTY COMPLAINT SPLITTING OR CONSOLIDATING OF TITLE
> One need not go to court. All that must be done is to write a written request to the RD.

SUBDIVISION OR CONSOLIDATION OF TITLE

> Which is not a subdivision projectin relation to PD 957 on subdivisions > A SUBDIVISION PROJECT is when there is subdivision of property with intention to sell the lots > A COMPLEX SUBDIVISION PLAN is a plan wherein the streets, passageways, etc. are stated in the title > If subdivision project, submit first to the HLURB, followed by the LMB and then the RD

SUBDIVISION OF REGISTERED LAND

> Submit to LRA an approved subdivision plan by the LMB

CONVEYANCE OF ONLY A PORTION OF THE LAND

> RD shall not enter a new title in favor of the grantee until after a plan indicating the portions into which the land has been subdivided shall have been first presented together with technical decription