2 Basic Systems of Land Registration:

1. THE TORRENS SYSTEM

2. SYSTEM OF REGISTRATION FOR UNREGISTERED
LANDS
TORRENS SYSTEM
• It was adapted to assure a buyer that if he buys a land
covered by an OCT or TCT issued by the Register of Deeds,
the title becomes absolute, indefeasible and
unimpeachable.
NATURE OF REGISTRATION PRECEEDING
 Judicial in character and not merely administrative
 Proceeding is in rem and the title issued as a result
thereof is binding upon the whole world
CONCEPT OF TORRENS SYSTEM
 Does not vest title
 Only confirms (not confer) ownership
 Not a mode of acquiring ownership but is merely a
procedure to establish evidence of title over realty
PURPOSE OF REGISTRATION
 to quiet title to land and put a stop forever to any question as
to the legality of the said title
 to relieve the land of unknown claims
 to guarantee the integrity of land titles and to protect their
indefeasibility once claim of ownership is established and
recognized
PURPOSE OF REGISTRATION
 to give every registered owner complete peace of mind
 to issue a certificate of title to the owner which shall be
the best evidence of his ownership of the land
 to avoid conflicts of title in and to real estate and to
facilitate transactions
TORRENS TITLE
 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
TYPES OF TORRENS
CERTIFICATE OF TITLE

1. Original Certificate of Title (OCT)

It is the first certificate of title issued in the name of a
registered owner by the Register of Deeds, covering a parcel of
land which had been registered under the Torrens System, by
virtue of judicial or administrative proceedings.
TYPES OF TORRENS
CERTIFICATE OF TITLE
2. Transfer Certificate of Title (TCT)
The subsequent certificate of title pursuant to any
deed of transfer or conveyance to another person. The
Register of Deeds shall make anew certificate of title and
given him an owner’s duplicate certificate. The previous
certificate (need not be an OCT) shall be stamped
“cancelled”.
General Rule: A Torrens Certificate of Title is valid and
enforceable against the whole world.

A Torrens title, once registered, cannot be defeated, even by

adverse, open and notorious possession. A registered title
under the Torrens system cannot be defeated by prescription.
The title, once registered, is notice to the whole world. All
persons must take notice. No one can plead ignorance of the
registration.

Exception: Direct proceeding permitted by law, usually for the

protection of innocent third party.
LAWS IMPLEMENTING LAND REGISTRATION
 PD 1529 – amending and codifying the laws relative to
registration of property and other purposes.
 ACT 2259– requires that title to any lands be settled and
adjudicated, he shall order the Director of Lands to make a
survey thereof, with notice to all persons claiming interest
therein.
 CA 141 – governed the disposition of lands of the public
domain.
- prescribed the terms and conditions to enable
persons to perfect their titles to public lands in the Islands.
 PD 27 – implemented the Operation Land Transfer
Program—covers tenanted rice and corn lands.
 RA 6657 – right of farmers and regular farm workers, who
are landless, to own directly or collectively the lands they till,
or in case of other farm workers, to receive a just share on
the fruits thereof
 RA 8371 – an act to recognized, protect and promote the
rights of indigenous cultural communities/indigenous
people, creating a national commission of indigenous people,
establishing implementing mechanisms, appropriating funds
therefor, and for other purposes
Administration of the Torrens System
DOJ LRA ROD
A. Land Registration Authority (LRA)
 formerly Land Registration Commission
 execution of the laws relative to land registration
 under the executive supervision of the DOJ
 headed by an Administrator and assisted by two Deputy
Administrators
Functions of LRA
 Extend speedy and effective assistance to other agencies in the
implementation of land reform program in the government.
 Extend assistance to the courts in ordinary and cadastral land
registration proceedings.
 The central repository of records relative to original registration of
lands titled under Torrens System.
Administration of the Torrens System
B. Register of Deeds (ROD)
 public repository of records of instruments affecting
registered or unregistered lands
 headed by the Register of Deeds and assisted by a Deputy
Functions of ROD
 registration of real or personal property
 proper documentary and science stamps
 denial of registration
 Headed by the Register of Deeds, assisted by the Deputy
Modes of Acquiring Title

1. Public Grant: conveyance of public land by government to a

private individual
2. Acquisitive Prescription: must be in OCEN possession;
applicable only to A&D lands of public domain
 if in GF w/ just title–10yrsuninterrupted possession
 if in BF w/o just title–30yrscontinuous
3. Accretion: accretion to registered lands need new
registration
4. Reclamation: filling of submerged land by deliberate act and
reclaiming title thereto;
 must be initially owned by the government
 may be subsequently transferred to private owners
3. Voluntary Transfer: private grant; voluntary execution of a
deed of conveyance like sale, donation, etc.
6. Involuntary Transfer: no consent from the owner of the
land; forcible acquisition by the state
7. Descent or Devise: testamentary disposition (devise) or
hereditary success (descent) or simply inheritance
8. Emancipation Patent/Grant: to ameliorate the sad plight
of tenant-farmers
 such grant is not transferrable except by hereditary
succession
Who may apply for the original registration proceedings?

Section 14 of the Property Registration Decree, provides

that the following persons may file in the proper Regional
Trial Court an application for original registration of title to
land:
¨ Those who by themselves or through their predecessors-
in-interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and
disposable lands of public domain under a bona fide claim
of ownership since June 12, 1945, or earlier.
¨ Those who have acquired ownership of private lands by
prescription under the provisions of existing laws.
¨ Those who have acquired ownership of private lands or
abandoned riverbeds by right of accession or accretion
under the existing laws.
¨ Those who have acquired ownership of land in any other
manner provided for by law.
Original Certificate of Title
The following are the steps for the acquisition of original
certificate of title:

 1. Survey of Land. Lands shall be measured by a licensed

surveyor who will prepare the plan on a tracing cloth.

 2. Approval of Plan. The Director of the Bureau of Lands

must approve plan where property is located.
 3. Filing of Application for Registration. The application for
land registration must be typewritten and be filed at the
Regional Trial Court where the property is located.

Attachments/Requirements:
¨ Seven Copies (7) of application
¨ Original Plan
¨ Three (3) copies of technical description
¨ Three (3) copies of certificates from the surveyor
¨ Four (4) latest Tax Declaration or Assessment Certificate from
the Assessor’s Office
 4. Land Registration Case Number. The Clerk of Court shall
give or assign a Case Number upon the filing of application.

 5. Date of Hearing. The court will schedule the hearing of

the application pursuant to Sec. 23 of P.D. No. 1529 and LRC
Circular No. 353. The notice of the court order for the first
hearing will be sent to LRA together with the duplicate copy
of the application, original or certified copy of the plan,
duplicate original copy of the technical description,
surveyor’s certificate, latest tax declaration, and receipt of the
publication fee.
 6. Publication. The notice of initial hearing prepared by
the LRA must be published once in an official gazette and
also in a newspaper for general circulation in the
Philippines. The fee for the publication is PhP 1,012.50 for
the first one lot and PhP 322.50 for every lot in excess of
the first lot. The applicant will give the payment to the
Clerk of Court upon filing the application. This will be given
to the Director of National Printing Office (NPO).
 7. Oppositions. All those who claim ownership or may
have an interest over the land or property may file an
opposition at the court so that they will be heard.

 8. Evidence. The applicant and the oppositions will

present evidence on their ownership claim during the
hearing.
 9. Decision. After the hearing, the court will give its decision
in favor of person who has presented sufficient evidence of
his/her ownership. Once the decision is final, the court will
order the Administrator of the LRA to give a Decree of
Registration on the said owner.

 10. Decree of Registration. Upon receipt of the Court Order,

the Administrator of LRA will have a transcription of the
Decree of Registration in the registration book. The number
of the Decree of Registration will be typewritten on the
Original Certificate of Title. The original and owner’s
duplicate copies will be delivered to the Register of Deeds
where the property is located.
 11. Certificate of Title. Once the Register of Deeds receive
the original and duplicate copies of the Certificate of
Original Registration, an OCT number will be given, then
it will be kept in the vault of the Registry. The Register of
Deeds will issue the owner’s duplicate original certificate
of title to the applicant.

A certificate of title issued without fully complying

with the above requisites are illegal and invalid and may be
cancelled by the court. ( Land Registration Authority)
Transfer Certificate of Title
When buying a piece of property, one of the most crucial
steps to complete the process is the transfer of land title
from the previous owner to the buyer. This legal process is
essential as it provides the buyer with a public record
declaring him or her as the new owner of a particular
property. By having a new land title that carries your name,
you can protect your investment and avoid any ownership
issues that may arise in the future.
To start, you need to have the following requirements on hand:
 Original copy of the notarized Deed of Absolute Sale (DAS),
plus two photocopies
 Owner’s duplicate copy of the Transfer Certificate of Title
(TCT) or the Condominium Certificate of Title (CCT) in
case of sale of condominium units, plus two photocopies
 Certified True Copies of the latest Tax Declaration for land
and improvement of the real property plus two photocopies.
If the property sold is a vacant lot or no improvements have
been made on it, a Sworn Declaration of No
Improvement by at least one of the transferees
or Certificate of No Improvement issued by the city or
municipal assessor
 Tax Identification Numbers (TIN) of the Seller and Buyer
Step 2: Secure assessment of transfer taxes at the BIR and
Authorized Agent Bank (AAB) or Municipal or City
Treasurer’s Office

After filing your documentary requirements, a BIR

representative will calculate your Capital Gains Tax (CGT)
and Documentary Stamp Tax (DST), after which they will
ask you to sign three copies each of the BIR Form 1706
(CGT) and BIR Form 2000 (DST). These will have to be filed
at AAB. For areas where there are no AABs, they will be
filed with the Authorized City or Municipal Treasurer.
Step 3: File documents at the BIR for the issuance of Certificate
Authorizing Registration (CAR) or BIR Clearance

 You will receive a claim slip with the claim date of the CAR,
which will be released along with the following documents:
 Original copy of the Deed of Absolute Sale stamped as
received by the BIR
 Owner’s Duplicate Copy of the TCT or the CCT
 Original copies of the BIR Form 1706 (CGT) and Form 2000
(DST) stamped as received by the BIR
 Copies of the Tax Declaration for land and improvement
 According to BIR Memorandum Order No. 15-03, BIR RDOs
should release CARs for all One Time Transaction (ONETT)
within five days of submitting all documentary requirements.
Step 4: Pay the Transfer Taxes and secure the Tax Clearance
at the Local Treasurer’s Office

 Aside from paying the Transfer Tax, you also need to

produce the following documents for the issuance of the
Tax Clearance:
 Original and one photocopy of the Deed of Absolute Sale
 Photocopy of the Tax Declaration
 Official Receipt of Payment of Real Property Tax and
Special Education Fund Tax for the current year
Step 5: File documents at the Registry of Deeds for the issuance
of new land title

 The new Owner’s Duplicate copy of the TCT and CCT in your name will be
released once you have presented all of the following documents:
 Original Copy of the Deed of Absolute Sale stamped as received by the BIR,
plus three photocopies
 Seller’s Owner’s Duplicate Copy of the TCT or CCT
 Original Copy of the CAR
 Original Copy of the Tax Clearance
 Original Copies of Official Receipts of Payments of CGT, DST, Tax Clearance
Certificate, and Transfer Fee
 Original Copies of the Current Tax Declaration for land and improvement
issued by the local assessor’s office
 If the seller or buyer is a corporation, submit the following requirements:
(a) Secretary’s Certificate authorizing the sale of the real property; and (b)
Certified True Copy of the Articles of Incorporation and By Laws of the
seller or buyer corporation
Step 6: File documents at the Municipal or Provincial
Assessor’s Office for the issuance of new Tax Declaration

 For the release of the new Tax Declaration, you need to

present the following documents:
 Photocopy of the Deed of Absolute Sale
 Photocopy of the TCT or the CCT
 Photocopy of the CAR
 Photocopy of the Transfer Tax Receipt
 Photocopy of the latest Tax Receipt or Tax Clearance
Act. 496
 Grants of public land were brought under the operation
of a Torrens system
 Placed all public and private land under the Torrens
system
 Torrens system requires that the government issue an
official certificate of title attesting to the fact that the
person named is the owner of the property described
therein, subject to such liens and encumbrances as
thereon noted or the law warrants or reserves
Act. 2259
 When, in the option of the President, the public interest
requires that title to any lands be settled and adjudicated, he
shall order the Director of Lands to make a survey thereof, with
notice to all persons claiming interest therein
 Thereafter, the Director of Lands, represented by the Solicitor
General, shall institute registration proceedings by filing a
petition in the proper court against the holders, claimants,
possessors, or occupants of such lands, stating that the public
interest requires that the titles to such lands be settled and
adjudicated
Act. 2259
 Notice of the filing of the petition is published twice in
successive issues of the Official Gazette
 Decree shall be the basis for the issuance of the certificate
of title which shall have the same effect as a certificate of
title granted under the Property Registration Decree
 A cadastral proceeding is in rem, hence, binding generally
upon the whole world
Ordinary and Cadastral Proceedings,
Compared
Similarities:
 Both fall under the Torrens System of land
registration
 Judicial in character
 Certificate of title issued thereunder is indefeasible
and imprescriptible
Differences:
Act 496:
 Survey of the land is conducted at the instance and
expense of the landowner
 Voluntary in nature as the filing of application depends
upon the initiative of the landowner
 If the applicant’s evidence is not sufficient to prove
ownership, application is dismissed but may still have
another chance to put up a successful claim.
Act 2259:
 Survey is undertaken by the Government who
advances and covers an entire municipality
 Compulsory in the sense that the landowner is
compelled to file his answer to the petition filed by
the Government, otherwise he loses his rights over
the land.
 If the claimant fails, the property is declared public
land.
 SYSTEM OF REGISTRATION FOR
UNREGISTERED LANDS

 Dealing on lands that has not been formally confirmed by the

State as private lands.
 All instruments affecting lands originally registered under the
Spanish Mortgage Law may be recorded under Section 113 of PD
1529 until the land shall have been brought under the operation
of the Torrens system.
 Recording shall be without prejudice to a third person with
better right recording to the person related to the government.
 Grants of public land were brought under the operation
of a Torrens system
 Placed all public and private land under the Torrens
system
 Torrens system requires that the government issue an
official certificate of title attesting to the fact that the
person named is the owner of the property described
therein, subject to such liens and encumbrances as
thereon noted or the law warrants or reserves