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Act No. 496, Land Registration Act

This Act has been amended by Electronic Decree 001 Series of 2000 In Parallel
Adaptation with Presidential Decree 1529 Titled Amending and Codifying the Laws
Relative to Registration of Property and Other Purposes.

ACT NO. 496

AN ACT TO PROVIDE FOR THE ADJUDICATION AND REGISTRATION OF TITLES TO LANDS IN THE
PHILIPPINE ISLANDS

Section 1.

The short title of this Act shall be  “The Land Registration Act. “

Section 2.

A court is hereby established to be called the “Court of Land Registration,” which
shall have the exclusive jurisdiction of all applications for the registration under
this Act of title to land or buildings or an interest therein within the Philippine
Islands, with power to hear and determine all questions arising upon such applications,
and also have jurisdiction over such other questions as may come before it under this
Act, subject, however, to the right of appeal, as hereinafter provided. The proceedings
upon such applications shall be proceedings in rem against the land and the buildings
and improvements thereon, and the decrees shall operate directly on the land and the
buildings and improvements thereon, and vest and establish title thereto.



The court shall hold its sittings in Manila, but may adjourn from time to
time to such other places as the public convenience may require, and may hold sessions
at any time in the capital of any province. In the city of Manila, the Municipal Board,
and in the provinces, the provincial boards, shall provide suitable rooms for the
sittings of the Court of Land Registration in the same building with, or convenient to,
the office of the registrar of deeds, and shall provide all necessary books and such
printed blanks and stationery for use in registration proceedings as may be ordered by
the court hereby created.


The court shall have jurisdiction throughout the Philippine Archipelago,
and shall always be open, except on Sundays and holidays established by law. It shall
be a court of record, and shall cause to be made a seal, and to be sealed therewith all
orders, process, and papers made by or proceeding from the court and requiring a seal.
All notices, orders, and process of such court may run into any province and be
returnable, as the court may direct.


The court shall from time to time make general rules and forms for
procedure, conforming as near as may be to practice in special proceedings in Courts of
First Instance, but subject to the express provisions of this Act and to general laws.
Such rules and forms before taking effect shall be approved by the judges of the
Supreme Court or a majority thereof.


In this Act, except where the context requires a different construction,
the word “court” shall mean the Court of Land Registration.

Section 3.

The Civil Governor, with the advice and consent of the Philippine Commission,
shall appoint two judges of the Court of Land Registration, one of whom
shall be appointed, commissioned, and qualified as judge of the Court of
Land Registration, and the other as associate judge thereof, each of whom may
be removed by the Civil Governor, with the advice and consent of the Philippine
Commission, and any vacancy shall be filled in the manner in this section provided.
Such further associate judges of the Court of Land Registration shall be appointed in
the manner in this section provided, as experience shall prove to be necessary, but the
necessity for such additional judges shall be determined by act of the Philippine
Commission.

Section 4.

The authority and jurisdiction of the Court
of Land Registration shall begin and take effect as soon as the judges thereof are
appointed and qualified in the manner required by law for judicial officers. The court
may be held by a single judge, and when so held shall have all the authority and
jurisdiction committed to said court. Different sessions may be held at the same time,
either in the same province or in different provinces, as the judges may decide, and
they shall so arrange sessions as to insure a prompt discharge of the business of the
court.

Section 5.

Citations, orders of notice, and all other
process issuing from the court shall be under the seal of the court and signed by the
judge or clerk thereof, and shall be served in the manner provided for the service of
process in the Code of Procedure in Civil Actions and Special Proceedings, and by the
officers therein designated as officers of the court, unless otherwise specially
ordered in this Act.

Section 6.

In case of a vacancy in the office of judge
of the Court of Land Registration, or of his absence or inability to perform his
duties, the associate Judge shall perform them until the vacancy is filled or any
disability is removed.

Section 7.

The Civil Governor, with the advice and
consent of the Philippine Commission, shall appoint a clerk, who may be removed in the
manner provided for the removal of a judge by virtue of section three, and vacancy in
his office may be filled in the manner in that section provided. He shall attend the
sessions of the court and keep a docket of all causes and shall affix the seal of the
court to all process or papers proceeding therefrom and requiring a seal.

Section 8.

The clerk shall be under the direction of the
court, shall have the custody and control of all papers and documents filed with him
under the provisions of this Act, and shall carefully number and index the same. Said
papers and documents shall be kept in the city of Manila, in an office to be called the
“Land Registration Office,” which shall be in the same building as the
Court of Land Registration or near to it. Clerks shall have authority, subject to the
provisions of the Civil Service Law, to employ such deputies, assistants, translators,
stenographers, typewriters, and messengers as may be necessary, the number and salaries
of such employees to be fixed with the approval of the Attorney General.

Section 9.

The clerk may act in the city of Manila and
in any province, and after land has been registered under this Act he may make all
memoranda affecting the title, and enter and issue certificates of title as provided
herein.

Section 10.

There shall be a register of deeds in the
city of Manila and one in each province, who shall be appointed and removed in the
manner provided for the appointment and removal of judges by section three, and who,
after any land within their respective districts has been registered under this Act,
shall have the same authority as the clerk of the Court of Land Registration to make
all memoranda affecting the title of such land, and to enter and issue new certificates
of title as provided herein, and to affix the seal of the court to such certificates
and duplicate certificates of title; but in executing the provisions of this Act the
register of deeds shall be subject to the general direction of the clerk of the Court
of Land Registration, in order to secure uniformity throughout the Archipelago, and
their official designation shall be registers of deeds for the province or for the city
of Manila, in which their duties are to be performed, as the case may be. In case of
the death or disability of the clerk of the Court of Land Registration, the register of
deeds for the city of Manila shall perform the duties of the clerk until the vacancy is
filled or the disability is removed.

Section 11.

The clerk of the Court of Land Registration
and all registers of deeds shall be sworn before any official authorized to administer
oaths, and a record thereof shall be made in the records of the court. They shall each
give a bond to the Government of the Philippine Islands for the benefit of whom it may
concern in a sum to be fixed by the court for the faithful performance of their
official duties, before entering upon the same. The judge and the associate judges, and
the clerk of the Court of Land Registration and all registers of deeds, will have power
to administer oaths in all matters and cases in which an oath is required, whether
pertaining to the registration of lands or otherwise. The clerk and his deputy and all
registers of deeds shall keep an accurate account of all moneys received, as fees or
otherwise, which shall be subject to examination by the Auditor for the Philippine
Archipelago in the city of Manila, and by the provincial treasurers in the several
provinces, and to revision thereof by the Auditor for the Philippine Archipelago, and
they shall pay over such moneys at the end of each calendar month to the Treasurer of
the Philippine Archipelago, except such moneys as are otherwise disposed of by the
provisions of section thirteen of this Act. In the case of the death, absence, or
disability of any register of deeds, the assistant register, or if there is no
assistant register, the person acting as clerk in the office of register of deeds,
shall perform the duties of the register, and the register, if living, shall be held
responsible for him. The clerk of the Court of Land Registration and all registers of
deeds may require bonds of indemnity from all deputies, assistants, and employees in
their respective offices. Each register of deeds may appoint such deputies, assistants,
clerks, stenographers, typewriters, and translators and at such salaries as the
provincial board or the Municipal Board of the city of Manila, as the case may be,
authorize with the approval of the Treasurer of the Philippine Archipelago.

Section 12.

The Civil Governor, with the advice and
approval of the Philippine Commission, may appoint one or more examiners of titles in
each of the fifteen judicial districts of the Philippine Archipelago, who shall be
lawyers, and who shall be subject to removal in the manner provided in section three,
and vacancies therein may be filled in the manner in that section provided.

Section 13.

The salary of the judge of the Court of Land
Registration shall be five thousand dollars per annum, that of associate judge, and of
any associate judge subsequently appointed under this Act, shall be four thousand
dollars per annum, and that of the clerk of the court shall be two thousand five
hundred dollars per annum. The salaries of registers of deeds and examiners of titles
shall be fixed by act of the Philippine Commission in proportion to the amount of
business and responsibility of their several offices to which appointments may be made.
All salaries and expenses of the court, including those for necessary interpreters,
translators, stenographers, typewriters, and other employees, as well as those deputy
or assistant clerks duly authorized and examiners of titles, shall be paid from the
Treasury of the Philippine Archipelago, but the salaries of the registers of deeds and
of all deputies, assistants, or clerks duly authorized and by them appointed, and all
the expenses of every kind incident to the office of register of deeds, including
necessary books and stationery, shall be paid out of the respective provincial
treasuries or out of the Insular Treasury from funds belonging to the city of Manila,
as the case may be. All fees payable under this Act for the services of the clerk of
the Court of Land Registration and those of the examiner of titles, including the fee
for the original application, for filing plans, for indexing and recording an
instrument while application for registration is pending, for examining title, for
notices by mail, for notices by publication, for entry of order dismissing application,
or decree of registration, and sending memorandum thereof to register of deeds, copy of
decree of registration, filing petitions in court, and making certified copies of
decrees, shall be paid into the Treasury of the Philippine Archipelago. All fees
payable under this Act for the services of the register of deeds or his deputy or
clerks, including those for entry of original certificate of title, issuing all
duplicates thereof, making and entering new certificates of title and all duplicates
thereof, for the registration of instruments, making and attesting copies of memorandum
on instruments, for filing and registering adverse claims, for entering statement of
change of residence or post office, for entering any note on registration book, for
registration of a suggestion of death or notice of proceedings in bankruptcy,
insolvency or the like, for the registration of a discharge of a lease or a mortgage or
instrument creating an encumbrance, for the registration of any levy or any discharge
or dissolution of attachment or levy or of any certificate of or receipt for payment of
taxes or a notice of any pending action, of a judgment or decree, for indorsing of any
mortgage lien or other instrument, memorandum of partition, certified copies of
registered instruments, shall be paid into the appropriate provincial treasury or into
the Treasury of the Philippine Archipelago for the city of Manila, as the case may be.
All fees payable under this Act for services by sheriff or other officer shall be paid
to the officer entitled thereto. Registers of deeds shall pay over to the provincial
treasury or to the Treasury of the Philippine Archipelago, as the case may be, at the
end of each calendar month all funds received by them in accordance with the provisions
of this Act.

Section 14.

Every order, decision, and decree of the
Court of Land Registration shall be subject to appeal to the Court of First Instance of
the city or province where the land lies, concerning which the order, decision, or
decree appealed from was made; but the proceeding shall not pass to the Court of First
Instance for review upon the appeal until final determination by the Court of Land
Registration of the whole proceeding in which the order, decision, or decree appealed
from was made. The appeal shall be made and entered within thirty days from the date of
the final order, decision, or decree, and the party appealing shall, at the time of
entering his appeal, file in the Court of First Instance copies of all material papers
in the case certified by the clerk. Appearances and answers shall be filed in the Court
of First Instance within thirty days after the appeal is entered, unless for good cause
further time is allowed, and upon motion of either party the case shall be advanced for
speedy hearing, and shall be tried by the Court of First Instance as other actions are
tried in that court. All competent testimony which has been taken in writing before the
Court of Land Registration may be used on the trial in the Court of First Instance.
Questions of law arising in the Court of First Instance on trial of the appeal may be
taken to the Supreme Court for revisions by any party aggrieved, in the same manner as
in ordinary actions in the Court of First Instance.



Whenever the facts before the Court of Land Registration shall not be in
dispute, but a pure question of law only is determinative of the decision or decree to
be made, that court may, after its decision or decree therein, report such decision or
decree directly for the consideration of the Supreme Court with so much of the case as
may be necessary for the understanding of such questions of law, without transmitting
the same to the Court of First Instance. But the procedure last provided shall not be
made in any case where any party desires to appeal to the Court of First Instance.

Section 15.

At the end of the proceedings on appeal, the
clerk of the appellate court in which the final decision was made shall certify to the
Court of Land Registration the final decision on the appeal, and the Court of Land
Registration shall enter the final decree in the case, in accordance with the
certificate of the clerk of the appellate court in which final decision was made.

Section 16.

If the party appealing does not prosecute
his appeal within the time limited, the original order, decision, or decree shall stand
as if no appeal had been taken.

Section 17.

The Court of Land Registration, in all
matters over which it has jurisdiction, may enforce its orders, judgments, or decrees
in the same manner as orders, judgments, and decrees are enforced in the Courts of
First Instance, and, upon the request of the judge of the Court of Land Registration,
the governor or sheriff of any province or of the city of Manila, as the case may be,
shall assign a deputy to attend the sittings of the court in that province or city.

Section 18.

Costs shall be taxed in contested cases in
the Court of Land Registration in the same manner and for the same items of cost as in
Court of First Instance where no different provisions is made.

Original Registration

Section 19.

Application for registration of title may be made by the following persons, namely:
        

First. The person or persons claiming, singly or collectively, to own
the legal estate in fee simple.



Second. The person or persons claiming, singly or collectively, to have
the power of appointing or disposing of the legal estate in fee simple.



Third. Infants or other persons under disability may make application by their
legally appointed guardians, but the person in whose behalf the application is made
shall be named as applicant by the guardian.
Fourth. Corporations may make application by any officer duly authorized by vote of
the directors.
But the authority given to the foregoing four classes of persons is subject to the
following provisos:
That one or more tenants for a term of years shall not be allowed to make
application except jointly with those claiming the reversionary interest in the
property which makes up the fee simple at common law.
That a mortgagor shall not make application without the consent in writing of
the mortgagee.


That a married woman shall not make application without the consent in writing
of her husband unless she holds the land as her separate property or has a power to
appoint the same in fee simple. or has obtained a decree of the court authorizing
her to deal with her real estate as though she were sole and unmarried.
That one or more tenants claiming undivided shares less than a fee simple in
the whole land described in the application shall not make application except
jointly with the other tenant owing undivided shares, so that the whole fee shall
be represented in the action.



But, notwithstanding the foregoing provisos if the holder of a mortgage
upon the land described in the application does not consent to the making of the
application, it may be entered nevertheless and the title registered subject to such
mortgage, which may be dealt with or foreclosed as if the land subject to such
mortgage, describing it, and shall provide that no subsequent certificate shall be
issued and not further papers registered relating to such land after a foreclosure of
such mortgage.

Section 20.

The application may be filed with the clerk
of the Court of Land Registration, or with the register of deeds of the province a
memorandum stating that application for registration has been filed, and the date and
place of filing, and a copy of the description of the land contained in the
application. This memorandum shall be recorded and indexed by the register with the
records of deeds. Each register of deeds shall also keep an index of all applications
in his province or city, and, in every case where the application is filed with him,
shall transmit the same, with the papers and plans filed therewith. and such memorandum
when recorded, to the clerk of the Court of Land Registration.

Section 21.

The application shall be in writing, signed
and sworn to by applicant, or by some person duly authorized in his behalf. All oaths
required by this Act may be administered by any officer authorized to administer oaths
in the Philippine Islands. If there is more than one applicant, the application shall
be signed and sworn to by and in behalf of each. It shall contain a description of the
land and shall state whether the applicant, the applicant is married; and if married,
the name of the wife or husband; and if married, whether he or she has been married,
and if so, when and how the married relation terminated. If by divorce, when, where,
and by what court the divorce was granted. It shall also state the name in full and the
address of the applicant, and also the names and addresses of all adjoining owners and
occupants, if known; and, if not known, it shall state what search has been made to
find them. It may be in form as follows:

UNITED STATES OF AMERICA, PHILIPPINE ISLANDS

To the Honorable Judge of the Court of Land Registration:



I (or we), the undersigned, hereby apply to have the land hereinafter
described brought under the operations of the Land Registration Act, and to have
under the operations of the Land Registration Act, and I have my (or our) title
herein registered and confirmed. And I (or we) declare: (1) That I am (or we are) the
owner (or owners) in fee simple of a certain parcel of land with the buildings (if
any; if not, strike out the words “with the buildings”), situated in
(here insert accurate description). (2) That said land at the last assessment for
taxation was assessed at _________________ dollars; and the buildings (if any) at
______________ dollars. (3) That I (or we) do not know of any mortgage or encumbrance
affecting said land, or that any other person has any estate or interest therein,
legal or equitable, in possession, remainder, reversion, or expectancy (if any, add
“other than as follows,” and set forth each clearly). If in any other
way, state it). (5) That said land is ______________ occupied (if occupied, state
name in full and place of residence and post-office address of occupant and nature of
his occupancy. If unoccupied, insert “not”). (6) That the names in full
and addresses as far as known to me (or us) of the occupants of all lands adjoining
said land are as follows (give street and number wherever possible. If names not
known, state whether inquiry has been made, and what inquiry has been made, and
inquiry). (7) That the names and addresses so far as known to me (or us) of the
owners of all lands adjoining the above land are as follows (same directions as
above). (8) That I am (or we are) married. (Follow literally the directions given in
the prior portions of this section). (9) That my (or our) full name (or names),
residence, and post-office address is (or are) as follows:



___________________
Dated this ______ day of ________ in the year nineteen hundred and
______________
(Signature) _________________
(Schedule of documents.)


UNITED STATES OF AMERICA, PHILIPPINE ISLANDS.

PROVINCE OF ( or city of ) ______________

( date )



Then personally appeared the above-named _____________________, known
to me to be the signer (or signers) of the foregoing application, and made oath
that the statements therein, so far as made of his (or their) own knowledge are
true, and so far as made upon information and belief, that he (or they) believe
them to be true, before me.



___________________________
Justice of the Peace (or other officer authorized to administer
oaths)


Section 22.

If the applicant is not a resident of the
Philippine Islands, he shall file with his application a paper appointing an agent
residing in the Philippine Islands, giving his name in full, and his post-office
address, and shall therein agree that the service of any legal process in proceedings
under or growing out of the application shall be of the same legal effect if served
upon the agent as if upon the applicant if within the Philippine Islands. If the agent
dies or becomes insane, or removes from the Philippine Islands, the applicant shall at
once make another appointment; and if he fails to do so, the court may dismiss the
application.

Section 23.

Amendments to the application, including
joinder, substitution, or discontinuing as to parties, shall be allowed by the court at
any time upon terms that are just and reasonable. But all amendments shall be in
writing, signed and sworn to like the original.

Section 24.

The application may include two or more
contiguous parcels of land, or two or more parcels constituting one holding under one
and the same title, if within the same province or city. But two or more persons
claiming in the same parcels different interests, which, collectively, making up the
legal estate in fee simple in each parcel, shall not join in one application for more
than one parcel, unless their interests are alike in each and every parcel. The court
may at any time order an application to be amended by striking out one or more parcels,
or by severance of the application.

Section 25.

If the application described the land as
bounded on a public or private way or road, it shall state whether or not the applicant
claims any and what land within the limits of the way or road, and whether the
applicant desires to have the line of the way or road determined.

Section 26.

The applicant shall file with the
application a plan of the land, and all original muniments of title within his control
mentioned in the schedule of documents, such original muniments to be produced before
the examiner or the court at the hearing when required. When an application is
dismissed or discontinued, the applicant may, with the consent of the court, withdraw
such original muniments of title.

Section 27.

When an application is made subject to an
existing recorded mortgage, the holder of which has consented thereto, or to a recorded
lease, or when the registration is to be made subject to such mortgage or lease
executed after the time of the application and before the date of the transcription of
the decree, the applicant shall, if required by the court, file a certified copy of
such mortgage or lease, and shall cause the original, or, in the discretion of the
court, a certified copy thereof to be presented for registration before the decree of
registration is entered, and no registration fee shall be charged for registering such
original mortgage or lease or such certified copy.

Section 28.

The court may by general rule require facts
to be stated in the application in addition to those prescribed by this Act, and not
inconsistent therewith, and may require the filing of any additional papers.

Section 29.

After the filing of the application and
before registration the land therein described may be dealt with and instruments
relating thereto shall be recorded, in the same manner as if no application has been
made, but all instruments left for record relating to such land shall be indexed in the
usual manner in the registry index and also in the index of applications. As soon as an
application is disposed of, the clerk of the Court of Land Registration shall make a
memorandum stating the disposition of the case and shall send the same to the register
of deeds for the proper province or city, who shall record and index it with the
records of deeds and in the index of applications. If the proceedings upon the
application end in a decree of registration of title, the land included therein shall,
as soon as said decree is transcribed, as hereinafter provided in section forty-one,
become registered land, and thereafter no deeds or other instruments relating solely to
such land shall be recorded with the records of deeds, but shall be registered in the
registration book and filed and indexed with records and documents relating to
registered lands.

Section 30.

Immediately after the filing of the
application the court shall enter an order referring it to one of the examiners of
titles, who shall search the records and investigate all the facts in the application,
or otherwise brought to his attention, and file in the case a report thereon,
concluding with a certificate of his opinion upon the title. The clerk shall give
notice to the applicant of the filing of such report. If the opinion of the examiner is
adverse to the applicant, he shall be allowed by the court a reasonable time in which
to elect to proceed further, or withdraw his application. The election shall be made in
writing and filed with the clerk.

Section 31.

If, in the opinion of the examiner, the
applicant has a good title, as alleged, and proper for registration, or if the
applicant, after an adverse opinion of the examiner, elects to proceed further, the
clerk of court shall, immediately upon the filing of the examiner’s opinion or
the applicant’s election, as the case may be, cause notice of the filing of the
application to be published once in two newspapers, one of which newspapers shall be
printed in the English language and one in Spanish, of general circulation in the
province or city where any portion of the land lies, or if there be no Spanish or
English newspaper of general circulation in the province or city where any portion of
the land lies, then it shall be a sufficient compliance with this section if the notice
of the filing of the application be published in a daily English newspaper and a daily
Spanish newspaper of the city of Manila having a general circulation. The notice shall
be issued by order of the court, attested by the clerk, and shall be in form
substantially as follows:

REGISTRATION OF TITLE

Province (or city) of _____________



COURT OF LAND REGISTRATION



To (here insert the names of all persons appearing to have an interest
and the adjoining owners so far as known), and to all whom it may concern:



Whereas an application has been presented to said court by (name or
names, and addresses in full) to register and confirm his (or their) title in the
following-described lands (insert description), you are hereby cited to appear at
the Court of Land Registration, to be held at, ______________ in said Province (or
city) of ___________, on the _______ day of _________________, A.D. nineteen
hundred and, _______________ at _____ o’clock in the forenoon, to show cause,
if any you have, why the prayer of said application shall not be granted. And
unless you appear at such court, at the time and place aforesaid, your default will
be recorded and the said application will be taken as confessed, and you will be
forever barred from contesting said application or any decree entered thereon.



Witness: ____________, judge of said court, this ______ day of
_______, in the year nineteen hundred and ___________.


Attest:
___________________
Clerk of Said Court.

Section 32.

The return of said notice shall not be less
than twenty nor more than sixty days from date of issue. The court shall also, within
seven days after the publication of said notice in the newspapers, as hereinbefore
provided, cause a copy of the publication in Spanish to be mailed by the clerk to every
person named therein whose address is known. The court shall also cause a duly-attested
copy of the notice to be posted, in the Spanish language, in a conspicuous place on
each parcel of land included in the application, and also in a conspicuous place upon
the chief municipal building of the pueblo in which the land or a portion thereof is
situated, by the governor or sheriff of the province or city, as the case may be, or by
his deputy, fourteen days at least before the return day thereof, and his return shall
be conclusive proof of such service. If the applicant requests to have the line of a
public way determined, the court shall order a notice to be given by the clerk by
mailing a registered letter to the president of the municipal council, or to the
Municipal Board, as the case may be, of the municipality or city in which the land
lies. If the land borders on a river, navigable stream, or shore, or on an arm of the
sea where a river or harbor line has been established, or on a lake, or if it otherwise
appears from the application or the proceedings that the Insular Government may have a
claim adverse to that of the applicant, notice shall be-given in the same manner to the
Attorney-General. The court may also cause other or further notice of the application
to be given in such manner and to such persons as it may deem proper. The court shall,
so far as it deems it possible, require proof of actual notice to all adjoining owners
and to all persons who appear to have interest in or claim to the land included in the
application. Notice to such persons by mail shall be by registered letter if
practicable. The certificate of the clerk that he has served the notice as directed by
the court, by publishing or mailing, shall be filed in the case before the return day,
and shall be conclusive proof of such service.

Section 33.

Upon the return day of the notice, and proof
of service of all orders of notice issued, the court may appoint a disinterested person
to act as guardian ad litem for minors and persons not in being, unascertained,
unknown, or out of the Philippine Islands, who may have an interest. The compensation
of the guardian or agent shall be determined by the court and paid as part of the
expenses of the Court.

Section 34.

Any person claiming interest, whether named
in the notice or not, may appear and file an answer on or before the return day, or
within such further time as may be allowed by the court. The answer shall state all the
objections to the application, and shall set forth the interest claimed by the party
filing the same, and shall be signed and sworn to by him or by some person in his
behalf

Section 35.

If no person appears and answers within the
time allowed, the court may at once upon motion of the applicant, no reason to the
contrary appearing, order a general default to be recorded and the application to be
taken for confessed. By the description in the notice, “To all whom it may
concern,” all the world are made parties defendant and shall be concluded by the
default and order. After such default and order the court may enter a decree confirming
the title of the applicant and ordering registration of the same. The court shall not
be bound by the report of the examiner of titles, but may require other and further
proof.

Section 36.

If in any case an appearance is entered and
answer filed, the case shall be set down for hearing on motion of either party, but a
default and order shall be entered against all persons who do not appear and answer, in
the manner provided in the preceding section. The court may hear the parties and their
evidence or may refer the case or any part thereof to one of the examiners of title, as
referee, to hear the parties and their evidence, and make report thereon to the court.
The trial before the referee may occur at any convenient place within the province or
city, and the time and place of trial shall be fixed by the referee and reasonable
notice thereof shall be given by him to the parties. The court shall render judgment in
accordance with the report as though the facts had been found by the judge himself,
unless the court shall for cause shown set the report aside or order it to be
recommitted to the referee for further finding: Provided, nevertheless, That the court
may in its discretion accept the report in part or set it aside in part. The court may
in any case before decree require a survey to be made for the purpose of determining
boundaries, and may order durable bounds to be set, and referred to in the application,
by amendment. The expense of survey and bounds shall be taxed in the costs of the case
and may be apportioned among the parties as justice may require. If no persons appear
to oppose the application, such expense shall be borne by the applicant. If two or more
applications claim the same land, or part of the same land, the court may order the
hearing upon all such applications to be consolidated, if such consolidation is in the
interest of economy of time and expense.

Section 37.

If in any case the court finds that the
applicant has not proper title for registration, a decree shall be entered dismissing
the application, and such decree may be ordered to be without prejudice. The applicant
may withdraw his application at any time before final decree, upon terms to be fixed by
the court.

Section 38.

If the court after hearing finds that the
applicant has title as stated in his application, and proper for registration, a decree
of confirmation and registration shall be entered. Every decree of registration shall
bind the land, and quiet title thereto, subject only to the exceptions stated in the
following section. It shall be conclusive upon and against all persons, including the
Insular Government and all the branches thereof, whether mentioned by name in the
application, notice, or citation, or included in the general description “To all
whom it may concern.” Such decree shall not be opened by reason of the absence,
infancy, or other disability of any person affected thereby, nor by any proceeding in
any court for reversing judgments or decrees; subject, however, to the right of any
person deprived of land or of any estate or interest therein by decree of registration
obtained by fraud to file in the Court of Land Registration a petition for review
within one year after the entry of the decree, provided no innocent purchaser for value
has acquired an interest. If there is any such purchaser, the decree of registration
shall not be opened, but shall remain in full force and effect forever, subject only to
the right of appeal hereinbefore provided. But any person aggrieved by such decree in
any case may pursue his remedy by action for damages against the applicant or any other
person for fraud in procuring the decree. Whenever the phrase “innocent purchaser
for value” or an equivalent phrase occurs in this Act, it shall be deemed to
include an innocent lessee, mortgagee, or other encumbrancer for value.

Section 39.

Every applicant receiving a certificate of
title in pursuance of a decree of registration, and every subsequent purchaser of
registered land who takes a certificate of title for value in good faith, shall hold
the same free of all encumbrance except those noted on said certificate, and any of the
following incumbrances which may be subsisting, namely:



First. Liens, claims, or rights arising or existing under the laws or
Constitution of the United States or of the Philippine Islands which the statutes of
the Philippine Islands can not require to appear of record in the registry.



Second. Taxes within two years after the same have become due and
payable.



Third. Any public highway, way, or private way established by law,
where the certificate of title does not state that the boundaries of such highway or
way have been determined. But if there are easements or other rights appurtenant to a
parcel of registered land which for any reason have failed to be registered, such
easements or rights shall remain so appurtenant notwithstanding such failure, and
shall be held to pass with the land until cut off or extinguished by the registration
of the servient estate, or in any other manner.


Section 40.

Every decree of registration shall bear the
day of the year, hour, and minute of its entry, and shall be signed by the clerk. It
shall state whether the owner is married or unmarried, and if married, the name of the
husband or wife. If the owner is under disability, it shall state the nature of the
disability, and if a minor, shall state 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 priority, all particular estates,
mortgages, easements, liens, attachments, and other incumbrances, including rights of
husband or wife, if any, to which the land or owner’s estate is subject, and may
contain any other matter properly to be determined in pursuance of this Act. The decree
shall be stated in a convenient form for transcription upon the certificates of title
hereinafter mentioned.

Section 41.

Immediately upon the entry of the decree of
registration the clerk shall send a certified copy thereof, under the seal of the court
to the register of deeds for the province, or provinces or city in which the land lies,
and the register of deeds shall transcribe the decree in a book to be called the
“Registration Book,” in which a leaf, or leaves, in consecutive order,
shall be devoted exclusively to each title. The entry made by the register of deeds in
this book in each case shall be the original certificate of title, and shall be signed
by him and sealed with the seal of the court. All certificates of title shall be
numbered consecutively, beginning with number one. The register of deeds in each case
make an exact duplicate of the original certificate, including the seal, but putting on
it the words “owner’s duplicate certificate,” and deliver the same to
the owner or to his attorney duly authorized. In case of a variance between the
owner’s duplicate certificate and the original certificate the original shall
prevail. The certified copy of the decree of registration shall be filed and numbered
by the register of deeds with a reference noted on it to the place of record of the
original certificate of title: Provided, however, That when an application includes
land lying in more than one province or one province and the city of Manila, the court
shall cause the part lying in each province or in the city of Manila to be described
separately by metes and bounds in the decree of registration, and the clerk shall send
to the register of deeds for each province, or the city of Manila, as the case may be,
a copy of the decree containing a description of the land within that province or city,
and the register of deeds shall register the same and issue an owner’s duplicate
therefor, and thereafter for all matters pertaining to registration under this Act the
portion in each province or city shall be treated as a separate parcel of land.

Section 42.

The certificate first registered in
pursuance of the decree of registration in regard to any parcel of land shall be
entitled in the registration book, “original certificate of title, entered
pursuant to decree of the Court of Land Registration, dated at” (stating the time
and place of entry of decree and the number of case). This certificate shall take
effect upon the date of the transcription of the decree. Subsequent certificates
relating to the same land shall be in like form, but shall be entitled “Transfer
from number” (the number of the next previous certificate relating to the same
land), and also the words “Originally registered” (date, volume, and page
of registration).

Section 43.

Where two or more persons are registered
owners, as tenants in common, or otherwise, one owner’s duplicate certificate may
be issued for the whole land, or a separate duplicate may be issued to each for his
undivided share.

Section 44.

A registered owner holding one duplicate
certificate for several distinct parcels of land may surrender it, with the approval of
the court, and take out several certificates for portions thereof. So a registered
owner holding separate certificates for several distinct parcels may surrender them,
and, with like approval, take out a single duplicate certificate for the whole land, or
several certificates for the different portions thereof. Any owner subdividing a tract
of registered land into lots shall file with the clerk a plan of such land, when
applying for a new certificate or certificates, and the court, before issuing the same,
shall cause the plan to be verified and require that all boundaries, streets, and
passageways shall be distinctly and accurately delineated thereon.

Section 45.

The obtaining of a decree of registration
and the entry of a certificate of title shall be regarded as an agreement running with
the land, and binding upon the applicant and all successors in title that the land
shall be and always remain registered land, and subject to the provisions of this Act
and all Acts amendatory thereof.

Section 46.

No title to registered land in derogation to
that of the registered owner shall be acquired by prescription or adverse
possession.

Section 47.

The original certificate in the registration
book, any copy thereof duly certified under the signature of the clerk, or of the
register of deeds of the province or city where the land is situated, and the seal of
the court, and also the owner’s duplicate certificate, shall be received as
evidence in all the courts of the Philippine Islands and shall be conclusive as to all
matters contained therein except as far as otherwise provided in this Act.

Section 48.

Every certificate of title shall set forth
the names of all the persons interested in the estate in fee simple in the whole land
and duplicate certificates may be issued to each person, but the clerk or register of
deeds, as the case may be, shall note in the registration book, and upon such
certificate, to whom such duplicate was issued.

Section 49.

The clerk, under the direction of the court,
shall make and keep indexes of all applications, of all decrees of registration, and
shall also index and classify all papers and instruments filed in his office relating
to applications and to registered titles. He shall also, under direction of the court,
cause forms of index and registration and entry books to be prepared for use of the
registers of deeds. The court shall prepare and adopt convenient forms of certificates
of title, and shall also adopt general forms of memoranda to be used by registers of
deeds in registering common forms of deeds of conveyance and other instruments, and to
express briefly their effect.

Voluntary Dealing with Land after Original Registration

Section 50.

An owner of registered land may convey,
mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been
registered. He may use forms of deeds, mortgages leases, or other voluntary instruments
like those now in use and sufficient in law for the purpose intended. But no deed,
mortgage, lease, or other voluntary instrument, except a will, purporting to convey or
affect registered land, shall take effect as a conveyance or bind the land, but shall
operate only as a contract between the parties and as evidence of authority to the
clerk or register of deeds to make registration. The act of registration shall be the
operative act to convey and affect the land, and in all cases under this Act the
registration shall be made in the office of register of deeds for the province or
provinces or city where the land lies.

Section 51.

Every conveyance, mortgage, lease, lien,
attachment, order, decree, instrument, or entry affecting registered land which would
under existing laws, or recorded, filed, or entered in the office of the register of
deeds, affect the real estate to which it relates shall, if registered, filed, or
entered in the office of the register of deeds in the province or city where the real
estate to which such instrument relates lies, be notice to all persons from the time of
such registering, filing, or entering.

Section 52.

No new certificate shall be entered or
issued upon any transfer of registered land which does not divest the land in fee
simple from the owner or from some one of the registered owners. All interests in
registered land less than an estate in fee simple shall be registered by filing with
the register of deeds the instrument creating or transferring or claiming such interest
and by a brief memorandum thereof made by the register of deeds upon the certificate of
title, signed by him. A similar memorandum shall also be made on the owner’s
duplicate. The cancellation or extinguishment of such interests shall be registered in
the same manner.

Section 53.

Where the register of deeds is in doubt upon
any question of law, or where any party in interest does not agree as to the proper
memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument
presented for registration, the question shall be referred to the court for decision,
either on the certificate of the register of deeds stating the question upon which he
is in doubt or upon the suggestion in writing of any party in interest; and the court,
after notice to all parties and hearing, shall enter an order prescribing the form of
memorandum to the register of deeds to make registration in accordance therewith.

Section 54.

Every deed or other voluntary instrument
presented for registration shall contain or have indorsed upon it the full name, place
of residence, and post-office address of the grantee or other person acquiring or
claiming such interest under such instrument, and every such instrument shall also
state whether the grantee is married or unmarried, and, if married, give the name in
full of the husband or wife. Any change in the residence or post-office address of such
person shall be indorsed by the register of deeds on the original instrument, on
receiving a sworn statement of such change. All names and addresses shall also be
entered upon all certificates. Notices and process in relation to registered land in
pursuance of this Act may be served upon any person in interest by mailing the same to
the address so given, and shall be binding whether such person resides within or
without the Philippine Islands, but the court may, in its discretion, require further
or other notice to be given in any case, if in its opinion the interests of justice so
require.

Section 55.

No new certificate of title shall be
entered, no memorandum shall be made upon any certificate of title by the clerk, or by
any register of deeds, in pursuance of any deed or other voluntary instrument, unless
the owner’s duplicate certificate is presented for such indorsement, except in
cases expressly provided for in this Act, or upon the order of the court, for cause
shown; and whenever such order is made, a memorandum thereof shall be entered upon the
new certificate of title and upon the owner’s duplicate.


The production of the owner’s duplicate certificate whenever any
voluntary instrument is presented for registration shall be conclusive authority from
the registered owner to the clerk or register of deeds to enter a new certificate or to
make a memorandum of registration in accordance with such instrument, and the new
certificate or memorandum shall be binding upon the registered owner and upon all
persons claiming under him, in favor of every purchaser for value and in good faith:
Provided, however, That in all cases of registration procured by fraud the owner may
pursue all his legal and equitable remedies against the parties to such fraud, without
p rejudice, however, to the rights of any innocent holder for value of a certificate of
title: And provided further, That after the transcription of the decree of registration
on the original application, any subsequent registration under this Act procured by the
presentation of a forged duplicate certificate, or of a forged deed or other
instrument, shall be null and void. In case of the loss or theft of an owner’s
duplicate certificate, notice shall be sent by the owner or by someone in his behalf to
the register of deeds of the province in which the land, lies as soon as the loss or
theft is discovered.

Section 56.

Each register of deeds shall keep an entry
book in which he shall enter in the order of their reception all deeds and other
voluntary instruments, and all copies of writs and other process filed with him
relating to registered land. He shall note in such book the year month, day, hour, and
minute of reception of all instruments, in the order in which they are received. They
shall be regarded as registered from the time so noted, and the memorandum of each
instrument when made on the certificate of title to which it refers shall bear the same
date.


Every deed or other instrument, whether voluntary or involuntary, so
filed with the clerk or register of deeds shall be numbered and indexed, and indorsed
with a reference to the proper certificate of title. All records and papers relating to
registered land in the office of the clerk or of any register of deeds shall be open to
the public, subject to such reasonable regulations as the clerk, under the direction of
the court, may make.


Duplicates of all deeds and voluntary instruments filed and registered
may be presented with the originals, and shall be attested and sealed by the clerk of
the register of deeds, and indorsed with the file number and other memoranda on the
originals, and may be taken away by the person presenting the same.


Certified copies of all instruments filed and registered may also be
obtained at any time, upon the payment of the fees of the register of deeds.

Conveyance in Fee

Section 57.

An owner desiring to convey in fee his
registered land or any portion thereof shall execute a deed of conveyance, in which the
grantor or grantee may present to the register of deeds in the province where the land
lies. The grantor’s duplicate certificate shall be produced and presented at the
same time. The register of deeds shall thereupon, in accordance with the rules and
instructions of the court, make out in the registration book a new certificate of title
to the grantee, and shall prepare and deliver to him an owner’s duplicate
certificate. The register of deeds shall note upon the original and duplicate
certificates the date of transfer, the volume and page of the registration book where
the new certificate is registered, and a reference by number to the last prior
certificate. The grantor’s duplicate certificate shall be surrendered, and the
word “canceled” stamped upon it. The original certificate shall also be
stamped “canceled.” The deed of conveyance shall be filed and indorsed with
the number and place of registration of the certificate of title of the land
conveyed.

Section 58.

When a deed in fee is for a part only of the
land described in a certificate of title, the register of deeds shall also enter a new
certificate and issue an owner’s duplicate to the grantor for the part of the
land not included in the deed. In every case of transfer the new certificate or
certificates shall include all the land described in the original and surrendered
certificates: Provided, however, That no new certificate to a grantee of a part only of
the land shall be invalid by reason of the failure of the register of deeds to enter a
new certificate to the grantor for the remaining unconveyed portion: And provided
further, That in case the land described in a certificate of title is divided into
lots, designated by numbers or letters, with measurements of all the bounds, and a plan
of said land has been filed with the clerk and verified pursuant to section forty-four
of this Act, and a certified copy thereof is recorded in the registration book with the
original certificate, when the original owner makes a deed of transfer, enter on the
original certificate and on the owner’s duplicate certificate a memorandum of
such deed of transfer, with a reference to the lot or lots thereby conveyed as
designated on such plan, and that the certificate is canceled as to such lot or lots;
and every certificate with such memorandum shall be effectual for the purpose of
showing the grantor’s title to the remainder of the land not conveyed as if the
old certificate had been canceled and a new certificate of such land had been entered;
and such process may be repeated so long as there is convenient space upon the original
certificate and the owner’s duplicate certificate for making such memorandum of
sale of lots.

Section 59.

If at the time of any transfer there appear
upon the registration book encumbrances or claims adverse to the title of the
registered owner, they shall be stated in the new certificate or certificates except so
far as they may be simultaneously released or discharged.

Mortgages

Section 60.

The owner of registered land may mortgage
the same by executing a mortgage deed, and such deed may be assigned, extended
-discharged, released, in whole or in part, or otherwise dealt with by the mortgagee by
any form of deed or instrument sufficient in law for the purpose. But such mortgage
deed, and all instruments assigning extending, discharging, and otherwise dealing with
the mortgage, shall be registered, and shall take effect upon the title only from the
time of registration.

Section 61.

Registration of a mortgage shall be made in
the manner following, to wit: The owner’s duplicate certificate shall be
presented to the register of deeds with the mortgage deed, and he shall enter upon the
original certificate of title and also upon the owner’s duplicate certificate a
memorandum of the purport of the mortgage deed, the time of filing and the file number
of the deed, and shall sign the memorandum. He shall also note upon the mortgage deed
the time of filing and a reference to the volume and page of the registration book
where it is registered.


The register of deeds shall also, at the request of the mortgagee, make
out and deliver to him a duplicate of the certificate of title, like the owner’s
duplicate, except that the words “mortgagee’s duplicate” shall be
stamped upon it in large letters diagonally across its face. A memorandum of the issue
of the mortgagee’s duplicate shall be made upon the original certificate of
title.

Section 62.

Whenever a mortgage upon which a
mortgagee’s duplicate has been issued is assigned, extended, or otherwise dealt
with, the mortgagee’s duplicate shall be presented with the instrument assigning,
extending, or otherwise dealing with the mortgage, and a memorandum of the instrument
shall be made upon the mortgagee’s duplicate certificate. When the mortgage is
discharged or otherwise extinguished the mortgagee’s duplicate certificate shall
be surrendered and stamped “canceled.” The production of the mortgagee s
duplicate certificate shall be conclusive authority to register the instrument
therewith presented, subject, however, to all the provisions and exceptions contained
in section fifty-five of this Act so far as the same are applicable.


A mortgage on registered land may also be discharged, by the mortgagee in
person, on the registration book, by indorsing upon the original certificate of title
and upon the owner’s duplicate certificate a memorandum stating that the mortgage
has been satisfied and is discharged, together with the date of such entry, signed by
the mortgagee, and such discharge shall be attested by the register of deeds, the
mortgagee’s duplicate certificate being at the same time surrendered and stamped
“canceled.”

Section 63.

Mortgages of registered land may be
foreclosed in the manner provided in the Code of Procedure in Civil Actions and Special
Proceedings. A certified copy of the final decree of the court confirming the sale
under foreclosure proceedings may be filed with the register of deeds after the time
for appealing therefrom has expired, and the purchaser shall thereupon be entitled to
the entry of a new certificate and to the issuance of a new owner’s duplicate
certificate, a memorandum thereof being at the same time likewise indorsed upon the
mortgagor’s original certificate and the mortgagee’s duplicate, if any,
being first delivered up and canceled: Provided, however, That nothing contained in
this Act shall be construed to prevent the mortgagor or other person interested from
directly impeaching by any proper legal proceedings any foreclosure proceedings
affecting registered land, prior to the entry of a new certificate of title.

Leases

Section 64.

Leases of registered land shall be
registered in the manner provided in section fifty-two of this Act, in lieu of
recording. A lessee’s duplicate certificate may be issued to the lessee upon his
request, subject to the provisions hereinbefore made in regard to a mortgagee’s
duplicate certificate, so far as the same are applicable.

Trusts

Section 65.

Whenever a deed or other instrument is filed
for the purpose of transferring registered land in trust, or upon any equitable
condition or limitation expressed therein, or for the purpose of creating or declaring
a trust or other equitable interest in such land without transfer, the particulars of
the trust, condition, limitation, or other equitable interest shall not be entered on
the certificate; but a memorandum thereof shall be by the words “in trust,”
or “upon condition,” or other apt words, and by a reference by number to
the instrument authorizing or creating the same. A similar memorandum shall be made
upon the duplicate certificate. The register of deeds shall note upon the original
instrument creating or declaring the trust or other equitable interest a reference by
number to the certificate of title to which it relates, and to the volume and page in
the registration book where it is registered. If the instrument creating or declaring
trust or other equitable interest is already recorded in the land register of the
Philippine Islands, a certified copy may be filed by the register of deeds and
registered.

Section 66.

If the instrument creating or declaring a
trust or other equitable interest contains an express power to sell, mortgage, or deal
with the land in any manner, such power shall be stated in the certificate of title by
the words “with power to sell,” or “with power to mortgage,”
and by apt words of description in case of other powers. No instrument transferring,
mortgaging, or in any way dealing with registered land held in trust shall be
registered, unless the power thereto enabling is expressly conferred in the instrument
of trust, or unless the decree of a court of competent jurisdiction has construed the
instrument in favor of such power, in which case a certified copy of such decree may be
filed with the register of deeds, and he shall make registration in accordance
therewith.

Section 67.

When a new trustee of registered land is
appointed by a court of competent jurisdiction, a new certificate shall be entered to
him upon presentation to the register of deeds of a certified copy of the decree and
the surrender and cancellation of the duplicate certificate.

Section 68.

Whoever claims an interest in registered
land by reason of any implied or constructive trust shall file for registration a
statement thereof with the register of deeds. The statement shall contain a description
of the land, and a reference to the number of the certificate of title and the volume
and page of the registration book where it is entered. Such claim shall not affect the
title of a purchaser for value and in good faith before its registration.

Section 69.

Any trustee shall have authority to file an
application for registration of any land held in trust by him, unless expressly
prohibited by the instrument creating the trust.
Legal Incidents of Registered Land

Section 70.

Registered land, and ownership therein,
shall in all respects be subject to the same burdens and incidents attached by law to
unregistered land. Nothing contained in this Act shall in any way be construed to
relieve registered land or the owners thereof from any rights incident to the relation
of husband and wife, or from liability to attachment on mesne process or levy on
execution, or from liability to any lien of any description established by law on land
and the buildings thereon, or the interest of the owner in such land or buildings, or
to change the laws of descent, or the rights of partition between coparceners, joint
tenants and other cotenants, or the right to take the same by eminent domain, or to
relieve such land from liability to be appropriated in any lawful manner for the
payment of debts, or to change or affect in any other way any other rights or
liabilities created by law and applicable to unregistered land, except as otherwise
expressly provided in this Act or in the amendments hereof.

Attachments and Other Liens

Section 71.

In every case where a writing of any
description or a copy of any writ is required by law to be filed or recorded in the
registry of deeds in order to create or preserve any lien, right, or attachment upon
unregistered land, such writing or copy when intended to affect registered land, in
lieu of recording, shall be filed and registered in the office of the register of deeds
for the province in which the land lies, and, in addition to any particulars required
in such papers for recording with records of deeds, shall also contain a reference to
the number of the certificate of title of the land to be affected, and the volume and
page in the registration book where the certificate is registered, and also, if the
attachment, right, or lien is not claimed on all the land in any certificate of title,
a description sufficiently accurate for identification of the land intended to be
affected.

Section 72.

In every case where an attachment or other
lien or adverse claim of any description is registered, and the duplicate certificate
is not presented at the time of registration to the register of deeds, he shall within
twenty-four hours thereafter send notice by mail to the registered owner, stating that
such paper has been registered, and requesting him to send or produce the duplicate
certificate in order that a memorandum of the attachment or other lien or adverse claim
shall be made thereon. If the owner neglects or refuses to comply within a reasonable
time the register of deeds shall suggest the fact to the court, and the court, after
notice shall enter an order to the owner to produce his certificate at a time and place
to be named therein, and may enforce the order by suitable process.

Section 73.

Attachment on mesne process and liens of
every description upon registered land shall be continued, reduced, discharged, and
dissolved by any method sufficient in law to continue, reduce, discharge or dissolve
like liens on unregistered land. All certificates or other instruments which are
permitted or required by law to be recorded in the registry of deeds to give effect to
the continuance, reduction, discharge, or dissolution of attachments or other liens on
unregistered lands, or to give notice of such continuance, reduction, discharge, or
dissolution, shall in the case of like liens on registered land be filed with the
register of deeds and registered in the registration book, in lieu of recording.

Section 74.

All the provisions of law now in force
relating to attachments of real estate and leasehold estates on mesne process shall
apply to registered land, except that the duties required to be performed by the
present recording officer shall be performed by the register of deeds for the province
where the land lies, who, in lieu of recording, shall register the facts heretofore
required to be recorded, and for that purpose shall keep suitable books.

Section 75.

The name and address of the
plaintiff’s lawyer shall in all cases be indorsed on the writ or process where an
attachment is made, and he shall be deemed to be the attorney of the plaintiff until
written notice that he has ceased to be such shall be filed for registration by the
plaintiff.

Section 76.

Whenever an attachment on mesne process is
continued, reduced, dissolved, or otherwise affected by an order, decision, or judgment
of the court in which the action or proceeding in which said attachment was made is
pending, or by the order of any judge or court having jurisdiction thereof, a
certificate of the entry of such order, decision, or judgment from the clerk of the
court or judge by which such order, decision, or judgment has been rendered and under
the seal of the court or judge, shall be entitled to be registered on presentation to
the register of deeds.

Section 77.

A lien of any description on registered land
shall be enforced in the same manner as like liens upon unregistered land. 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 costs and charges incident to such
liens, any execution or copy of execution, any officer’s return, or any deed,
demand, certificate, or affidavit, or other instrument made in the course of
proceedings to enforce such liens and required by law to be recorded in the registry of
deeds in the case of unregistered land, shall be filed with the register of deeds for
the province where the land lies and registered in the registration book, and a
memorandum made upon the proper certificate of title, in each case, as an adverse claim
or encumbrance.

Section 78.

Upon the expiration of the time, if any,
allowed by law for redemption after registered land has been sold on any execution, or
taken or sold for the enforcement of any lien of any description, the person claiming
under the execution or under any deed or other instrument made in the course of the
proceedings to levy such execution or enforce any lien, may petition the court for the
entry of a new certificate to him, and the application may be granted: Provided,
however, That every new certificate entered under this section shall contain a
memorandum of the nature of the proceeding on which it is based: Provided further, That
at any time prior to the entry of a new certificate the registered owner may pursue all
his lawful remedies to impeach or annul proceedings under executions or to enforce
liens of any description.

Pending Suits, Judgments, Decrees and Partitions

Section 79.

No action to recover possession of real
estate, or to quiet the title thereto, or to remove clouds upon the title thereof, or
for partition of other proceeding of any kind in court affecting the title to real
estate or the use and occupation thereof or the buildings thereon, and no judgment or
decree, and no proceeding to vacate or reverse any judgment or decree, shall have any
effect upon registered land as against persons other than the parties thereto, unless a
memorandum stating the institution of such action or proceeding and the court wherein
the same is pending, and the date of the institution thereof, containing also a
reference to the number of the certificate of title of the land affected and the volume
and page of the registration book where it is entered, shall be filed and registered.
This section shall not apply to attachments, levies of execution, or to proceedings for
the probate of wills, or for administration of the estates of deceased persons in the
Court of First Instance: Provided, however, That in case notice of the pendency of the
action has been duly registered it shall be sufficient to register the judgment or
decree in such action within sixty days after the rendition thereof.

Section 80.

At any time after final judgment or decree
in favor of the defendant, or other disposition of the action such as to terminate
finally all rights of the plaintiff in and to the land and buildings involved, in any
case in which a memorandum has been registered as provided in the preceding section, a
certificate of the clerk of the court in which the action or proceeding was pending
stating the manner of disposal thereof shall be entitled to registration.

Section 81.

Whenever in any action to recover the
possession or ownership of real estate or any interest therein affecting registered
land judgment is entered for the plaintiff, such judgment shall be entitled to
registration on presentation of a certificate of the entry thereof from the clerk of
the court where the action is pending to the register of deeds for the province where
the land lies, who shall enter a memorandum upon the certificate of title of the land
to which such judgment relates. If the judgment does not apply to all the land
described in the certificate of title, the certificate of the clerk of the court where
the action is pending and the memorandum entered by the register of deeds shall contain
a description of the land affected by the judgment.

Section 82.

When in any action to recover the possession
or title of real estate or an interest therein execution has been issued directing the
officer to place the plaintiff in possession of the land affected by the judgment on
which the execution was issued, the officer shall cause an attested copy of the
execution, with a return of his doings thereon, to be filed and registered within three
months after the service, and before the return of the execution into the office of the
clerk whence it issued, and the plaintiff, in case the judgment was that he was
entitled to an estate in fee simple in the demanded premises or in any part thereof,
and for which execution issued, shall thereupon be entitled to the entry of a new
certificate of title and to a cancellation or the certificate and owner’s
duplicate certificate of the former registered owner. If the former registered owner
neglects or refuses within a reasonable time after request to produce his duplicate
certificate in order that the same may be canceled, the court on application and after
notice shall enter an order to the owner to produce his certificate at the time and
place named therein, and may enforce the order by suitable process.

Section 83.

Every court passing a judgment or decree in
favor of the plaintiff affecting registered land shall, upon application of the
plaintiff, order any parties before it to execute for registration any deed or
instrument necessary to give effect to its judgment or decree, and may require the
registered owner to deliver his duplicate certificate to the plaintiff to be canceled
or to have a memorandum entered upon it by the register of deeds. In case the person
required to execute any deed or other instrument necessary to give effect to the
judgment or decree is absent from the Philippine Islands, or is a minor, or insane, or
for any reason not amenable to the process of the court, the court passing the judgment
or decree may appoint some suitable person a trustee to execute such instrument, and
the same when executed shall be registered and shall have full force and effect to bind
the land to be affected thereby.

Section 84.

In all proceedings for partition of
registered land, after the entry of the final judgment or decree of partition and the
filing of the report of the committee or commissioners and final judgment thereon, a
copy of the final judgment or decree, certified by the clerk of the court rendering the
same, shall be filed and registered; and thereupon, in case the land is set off to the
owners in severalty, any owner shall be entitled to have his certificate entered to the
share set off to him in severalty, and to receive an owner’s duplicate thereof.
In case the land is ordered by the court to be sold, the purchaser or his assigns shall
be entitled to have a certificate of title entered to him or to them on presenting the
deed of the commissioners or committee for registration. In case the land is ordered by
the court rendering the judgment to be set off in entirety to one of the parties upon
payment to the other parties to the action, the party to whom the land is thus ordered
to be set off shall be entitled to have a certificate of the title entered to him on
presenting a copy of the judgment or decree certified by the clerk of the court
rendering the same: Provided, however, That any new certificate entered in pursuance of
partition proceedings, whether by way of set-off or of assignment or of sale, shall
contain a reference to the final judgment or decree of partition and shall be
conclusive as to the title to the same extent against the same person as such judgment
or decree is made conclusive by the laws applicable thereto: And provided also, That
any person holding such certificates of title or transfer thereof shall have the right
to petition the court at any time to cancel the memorandum relating to such judgment or
decree, and the court after notice and hearing, may grant the application. Such
certificate shall thereafter be conclusive in the same manner and in the same extent as
other certificates of title.

Section 85.

When a certified copy of a judgment or
decree making final partition of land or buildings is presented for registration, of a
mortgage or lease affecting a specific portion or an undivided share of the premises
had previously been registered, the mortgagee, or tenant claiming under the mortgagor
or lessor, shall cause the mortgage or lease and any duplicate certificate of title
issued to the mortgagee or lessee to be again presented for registration, and the
register of deeds shall indorse on each the memorandum of such partition, with a
description of the land set off in severalty on which such mortgage or lease remains in
force. Such mortgage or tenant shall not be entitled to receive his own duplicate
certificate of title until such mortgage or lease has been so presented for
registration.

Bankruptcy, Insolvency and Analogous Proceedings

Section 86.

Whenever proceedings in bankruptcy or
insolvency, or analogous proceedings, are instituted. against a debtor who is an owner
of registered land, it shall be the duty of the officer serving the notice of the
institution of such proceedings on the debtor to file a copy thereof in the registry of
deeds for the province wherein the land of the debtor lies. The assignee or trustee
appointed by the court having jurisdiction thereof in such proceedings shall be
entitled to the entry of a new certificate of registered land of the debtor upon
presenting and filing a certified copy of the order appointing him such assignee or
trustee, with the debtor’s duplicate certificate of title; the new certificate
shall state that it is entered to him as assignee or trustee in insolvency or
bankruptcy or other proceedings, as the case may be.

Section 87.

Whenever proceedings of the character named
in the preceding section against a registered owner, of which notice has been
registered, are vacated by decree or judgment, a certified copy of the decree or
judgment may be filed and registered. If a new certificate has been entered to the
assignee or trustee as registered owner, the debtor shall be entitled to the entry of a
new certificate to him, and the certificate of the assignee or trustee shall be
surrendered.

Eminent Domain

Section 88.

Whenever any land of a registered owner, or
any right or interest therein, is taken by eminent domain, the Government or
municipality or corporation or other authority exercising such right shall file for
registration in the proper province a description of the registered land so taken,
giving the name of each owner thereof, referring by number and place of registration in
the registration book to each certificate of title, and stating what amount or interest
in the land is taken, and for what purpose. A memorandum of the right or interest taken
shall be made on each certificate of title by the register of deeds, and where the fee
simple is taken a new certificate shall be entered to the owner for the land remaining
to him after such taking, and a new certificate shall be entered to the Government,
municipality, corporation or other authority exercising such right for the land so
taken. All fees on account of any memorandum of registration or entry of new
certificates shall be paid by the authority taking the land.

Transmission by Descent and Devise

Section 89.

Lands and any estate or interest therein
registered under this Act shall, upon the death of the owner, go to the executor or
administrator of the deceased in like manner as personal estate, whether the owner dies
testate or intestate, and shall be subject to the same rules of administration as if
the same were personalty, except as otherwise provided in this Act, and except that the
rule of division shall be the same as in the descent of real property, or as shall be
provided by.

Section 90.

Before the executor or administrator of a
deceased owner of registered land or any estate or interest therein shall deal with the
same, he shall file in the office of the register of deeds a certified copy of his
letter of administration, or if there is a will, a certified copy of the same and of
the letters testamentary, or of administration, with the will annexed, as the case may
be, and shall produce the duplicate certificate of title, and thereupon the register of
deeds shall enter upon the certificate and the duplicate certificate a memorandum
thereof with a reference to the letters or will and letters by their file number, and
the date of filing the same.

Section 91.

Except in case of a will devising the land
to an executor to his own use or upon some trust or giving to the executor power to
sell, no sale or transfer of registered land shall be made by an executor or by an
administrator in the course of administration for the payment of debts or for any other
purpose, except in pursuance of an order of a court of competent jurisdiction obtained
as provided by law.

Section 92.

But after a memorandum of the will, letters
testamentary or letters of administration have been entered upon the register as
hereinbefore provided, the executor or administrator may deal with mortgages, leases,
and other personal interests in or upon registered land as if he were the registered
owner thereof.

Section 93.

Where it appears by the will, a certified
copy of which with letters testamentary is filed as provided in this Act, that
registered land is devised to the executor to his own use, or upon some trust, the
executor may have the land transferred to himself upon the register in like manner and
subject to like terms and conditions and to like rights as in the case of a transfer
pursuant to deed filed in the office of the register of deeds.

Section 94.

When the will of a deceased owner of
registered land, or any estate or interest therein, empowers the executor to sell,
convey, encumber, charge, or otherwise deal with the land, it shall not be necessary
for such executor to be registered as the owner, but a certified copy of the will and
letters testamentary being filed as provided in this Act, such executor may sell,
convey, encumber, charge, or otherwise deal with the land pursuant to the power in like
manner as if he were the registered owner, subject to the like conditions as to the
trusts, limitations, and conditions expressed in a will as in case of trusts,
limitations, and conditions expressed in a deed.

Section 95.

Before making distribution of undevised
registered land the executor or administrator shall file in the office of the register
of deeds a certified copy of the final decree of the court having jurisdiction of the
estate, which shall be conclusive evidence in favor of all persons thereafter dealing
with the land that the persons therein named as the only heirs at law of the deceased
owner are such heirs.

Section 96.

Whenever the court having jurisdiction of
the settlement of an estate shall, for the purpose of distribution thereof or for other
purposes provided by law, order registered land or any interest or estate therein to be
sold by the executor or administrator, upon the filing of a certified copy of the order
of sale and the deeds executed in pursuance of the same in the office of the register
of deeds, a transfer of the land, estate, or interest to the purchaser may be made upon
the register as in the case of other sales by deed, and the original certificate and
owner’s duplicate shall be canceled and a new certificate and owner’s
duplicate be issued to the purchaser.

Section 97.

Whenever, after the final determination of
the amount of all claims against the estate of the deceased, it shall be made to appear
to the court having jurisdiction of the estate that the estate will justify it and the
proof of heirship has been made clear to that court, it may direct the executor or
administrator to make over and transfer to the devisees or heirs, or some of them, in
anticipation of final distribution, a portion or the whole of the registered lands to
which they might be entitled on final distribution; and upon the filing of a certified
copy of such order in the office of the register of deeds, the executor or
administrator may cause such transfer to be made upon the register in like manner as in
case of a sale, and a certificate and owner’s duplicate certificate shall be
issued to the devisees or heirs entitled thereto as in other cases. The land so
transferred shall be held free from all liens or claims against the estate. In the
proceedings to procure such order or directions such notice shall be given to all
parties in interest as the court having jurisdiction of the estate may direct.

Section 98.

For the purpose of final distribution of the
estate the court having jurisdiction thereof may determine the rights of all persons in
registered land, or any estate or interest therein of the deceased, declare and enforce
the rights of devisees, heirs, surviving husbands or wives, and others, and make
partition and distribution according to the rights of the parties, and may give
direction to the executor and administrator as to the transfer of registered lands and
any estate or interest therein to the devisees or heirs, and may direct the transfer to
be to the several devisees or heirs or tenants in common, or otherwise, as shall appear
to the court to be most convenient, consistently with the rights of the parties, or as
the parties interested may agree. A certified copy of the final order, judgment, or
decree of the court having jurisdiction of the estate making final distribution shall
be filed with the register of deeds and thereupon new certificates and owner’s
duplicate certificates shall be issued to the parties severally entitled thereto in
accordance with such order, judgment, or decree, but nothing in this section contained
shall in any way affect or impair existing requirements of law as to notice to be given
to all parties interested in the estate of a deceased person before the final decree of
distribution thereof.

Assurance Fund

Section 99.

Upon the original registration of land under
this Act, and also upon the entry of a certificate showing title as registered owners
in heirs and devisees, there shall be paid to the register of deeds one-tenth of one
per centum of the assessed value of the real estate on the basis of the last assessment
for municipal taxation, as an assurance fund.

Section 100.

All money received by the register of deeds
under the preceding section shall be paid to the Treasurer of the Philippine
Archipelago. He shall keep the same invested, with the advice and approval of the Civil
Governor, and shall report annually to the legislative body of the Philippine Islands
the condition and income thereof.

Section 101.

Any person who without negligence on his
part sustains loss or damage through any omission, mistake, or misfeasance of the
clerk, or register of deeds, or of any examiner of titles, or of any deputy or clerk of
the register of deeds in the performance of their respective duties under the
provisions of this Act, and any person who is wrongfully deprived of any land or any
interest therein, without negligence on his part, through the bringing of the same
under the provisions of this Act or by the registration of any other person as owner of
such land, or by any mistake, omission, or misdescription in any certificate or
owner’s duplicate, or in any entry or memorandum in the register or other
official book, or by any cancellation, and who by the provisions of this Act is barred
or in any way precluded from bringing an action for the recovery of such land or
interest therein, or claim upon the same, may bring in any court of competent
jurisdiction an action against the Treasurer of the Philippine Archipelago for the
recovery of damages to be paid out of the assurance fund.

Section 102.

If such action be for recovery for loss or
damage arising only through any omission, mistake, or misfeasance of the clerk, or of
the register of deeds, or of any examiner of titles, or of any deputy or clerk of the
register of deeds in the performance of their respective duties under the provisions of
this Act, then the Treasurer of the Philippine Archipelago shall be the sole defendant
to such action. But if such action be brought for loss or damage arising only through
the fraud or willful act of some person or persons other than the clerk, the register
of deeds, the examiners of titles, deputies, and clerks, or arising jointly through the
fraud or wrongful act of such other person or persons and the omission, mistake, or
misfeasance of the clerk, the register of deeds, the examiners of titles, deputies, or
clerks, then such action shall be brought against both the Treasurer of the Philippine
Archipelago and such person or persons aforesaid. In all such actions where there are
defendants other than the Treasurer of the Philippine Archipelago and damages shall
have been recovered, no final judgment shall be entered against the Treasurer of the
Philippine Archipelago until execution against the other defendants shall be returned
unsatisfied in whole or in part, and the officer returning the execution shall certify
that the amount still due upon the execution can not be collected except by application
to the assurance fund. Thereupon the court having jurisdiction of the action, being
satisfied as to the truth of such return, may, upon proper showing, order the amount of
the execution and costs, or so much thereof as remains unpaid, to be paid by the
Treasurer of the Philippine Archipelago out of the assurance fund. It shall be the duty
of the Attorney General in person or by deputy to appear and defend all such suits with
the aid of the fiscal of the province in which the land lies or the City Attorney of
the city of Manila as the case may be: Provided, however, That nothing in this Act
shall be construed to deprive the plaintiff of any action which he may have against any
person for such loss or damage or deprivation of land or of any estate or interest
therein without joining the Treasurer of the Philippine Archipelago as a defendant
therein.

Section 103.

If the assurance fund at any time be not
sufficient to meet the amount called for by such judgment, the Treasurer of the
Philippine Archipelago shall make up the deficiency from any funds in the Treasury not
otherwise appropriated; and in such case any sums thereafter received by the Treasurer
on account of the assurance fund shall be transferred to the general fund of the
Treasury until the amount paid on account of the deficiency shall have been made
up.

Section 104.

In every case where payment has been made
by the Treasurer of the Philippine Archipelago in accordance with the provisions of
this Act, the Government of the Philippine Islands shall be subrogated to all rights of
the plaintiff against any other parties or securities, and the Treasurer shall enforce
the same in behalf of the Government. Any sum recovered by the Treasurer shall be paid
into the Treasury of the Philippine Islands to the account of the assurance fund.

Section 105.

The income of the assurance fund shall be
added to the principal and invested until such fund amounts to the sum of two hundred
thousand dollars, and thereafter the income of such funds shall be paid into the
Insular Treasury for the general purposes of the Insular Government.

The term “dollars” wherever used in this Act shall be

construed to mean money of the United States.

Section 106.

The assurance fund shall not be liable to
pay for any loss or damage or deprivation occasioned by a breach of trust, whether
express, implied, or constructive, by any registered owner who is a trustee, or by the
improper exercise of any sale in mortgage-foreclosure proceedings. Nor shall any
plaintiff recover as compensation in an action under this Act more than the fair market
value of the real estate at the time when he suffered the loss, damage, or deprivation
thereof.

Section 107.

All actions for compensation under this Act
by reason of any loss or damage or deprivation of land or any estate or interest
therein shall be begun within the period of six years from the time when the right to
bring or take such action or proceeding first accrued, and not afterwards: Provided,
That the right of action herein provided shall survive to the personal representative
of the person sustaining loss or damage, if deceased, unless barred in his lifetime:
And provided further, That if at the time when such right of action first accrues the
person entitled to bring such action or take such proceeding is within the age of
majority, or insane, or imprisoned, such person, or anyone claiming from, by, or under
him, may bring the action or take the proceeding at any time within two years after
such disability is removed, notwithstanding the time before limited in that behalf has
expired.

Powers of Attorney

Section 108.

Any person may by power of attorney procure
land to be registered and convey or otherwise deal with registered land, but the
letters of attorney shall be acknowledged before a notary public or a judge or clerk of
a court of record attested by at least one witness and shall be filed with the clerk or
register of deeds of the province where the land lies, and registered. Any instrument
revoking such letters shall be acknowledged, attested, and registered in like
manner.

Lost Duplicate Certificate

Section 109.

If a duplicate certificate is lost or
destroyed, or can not be produced by a grantee, heir, devisee, assignee, or other
person applying for the entry of a new certificate to him or for the registration of
any instrument, a suggestion of the fact of such loss or destruction may be filed by
the registered owner or other person in interest, and registered. The court may
thereupon, upon the petition of the registered owner or other person in interest, after
notice and hearing, direct the issue of a new duplicate certificate, which shall
contain a memorandum of the fact that it is issued in place of the lost duplicate
certificate, but shall in all respects be entitled to like faith and credit as the
original duplicate, and shall thereafter be regarded as the original duplicate for all
the purposes of this Act.

Adverse Claims

Section 110.

Whoever claims any right or interest in
registered land adverse to the registered owner, arising subsequent to the date of the
original registration, may, if no other provision is made in this Act for registering
the same, make a statement in writing setting forth fully his alleged right or
interest, and how or under whom acquired, and a reference to the volume and page of the
certificate of title of the registered owner, and a description of the land in which
the right or interest is claimed. The statement shall be signed and sworn to, and shall
state the adverse claimant’s residence and designate a place at which all notices
may be served upon him. This statement shall be entitled to registration as an adverse
claim, and the court, upon a petition of any party in interest, shall grant a speedy
hearing upon the question of the validity of such adverse claim and shall enter such
decree therein as justice and equity may require. If the claim is adjudged to be
invalid, the registration shall be canceled. If in any case the court after notice and
hearing shall find that a claim thus registered was frivolous or vexatious, it may tax
the adverse claimant double or treble costs in its discretion.

Surrender of Duplicate Certificates

Section 111.

In every case where the clerk or any
register of deeds is requested to enter a new certificate in pursuance of an instrument
purporting to be executed by the registered owner, or by reason of any instrument or
proceedings which divest the title of the registered owner against his consent, if the
outstanding owner’s duplicate certificate is not presented for cancellation when
such request is made, the clerk or register of deeds shall not enter a new certificate,
but the person claiming to be entitled thereto may apply by petition to the court. The
court, after hearing, may order the registered owner or any person withholding the
duplicate certificate to surrender the same, and direct the entry of a new certificate
upon such surrender.


If in any case the person withholding the duplicate certificate is not
amenable to the process of the court, or if for any reason the outstanding
owner’s duplicate certificate can not be delivered up, the court may by decree
annul the same and order a new certificate of title to be entered. Such new certificate
and all duplicates thereof shall contain a memorandum of the annulment of the
outstanding duplicate.


If in any case an outstanding mortgagee’s or lessee’s
duplicate certificate is not produced and surrendered when the mortgage is discharged
or extinguished or the lease is terminated, like proceedings may be had to obtain
registration as in the case of the nonproduction of the owner’s duplicate.

Amendment and Alteration of Certificates of Title

Section 112.

No erasure, alteration, or amendment shall
be made upon the registration book after the entry of a certificate of title or of a
memorandum thereon and the attestation of the same by the clerk or the register of
deeds, except by order of the court. Any registered owner or other person in interest
may at any time apply by petition to the court, upon the ground that registered
interests of any description, whether vested, contingent, expectant, or inchoate, have
terminated and ceased; or that new interests have arisen or been created which do not
appear upon the certificate; or that any error, omission, or mistake was made in
entering a certificate or any memorandum thereon, or on any duplicate certificate; or
that the name of any person on the certificate has been changed; or that the registered
owner has been married; or, if registered as married, that the marriage has been
terminated; or that a corporation which owned registered land and has been dissolved
has not conveyed the same within three years after its dissolution; or upon any other
reasonable ground; and the court shall have jurisdiction to hear and determine the
petition after notice to all parties in interest, and may order the entry of a new
certificate, the entry or cancellation of a memorandum upon a certificate, or grant any
other relief upon such terms and conditions, requiring security if necessary, as it may
deem proper: Provided, however, That this section shall not be construed to give the
court authority to open the original decree of registration, and that nothing shall be
done or ordered by the court which shall impair the title or other interest of a
purchaser holding a certificate for value and in good faith, or his heirs or assigns,
without his or their written consent.


Any petition filed under this section and all petitions and motions filed
under the provisions of this Act after original registration shall be filed and
entitled in the original case in which the decree of registration was entered.

Service of Notices After Registration

Section 113.

All notices required by or given in
pursuance of the provisions of this Act by the clerk or any register of deeds, after
original registration, shall be sent by mail to the person to be notified at his
residence and post-office address as stated in the certificate of title, or in any
registered instrument under which he claims an interest, in the office of the clerk or
register of deeds, relating to the parcel of land in question.


All notices and citations directed by special order of the court under
the provisions of this Act, after original registration, may be served in the manner
above stated, and the certificate of the clerk shall be conclusive proof of such
service: Provided, however, That the court may in any case order different or further
service, by publication or otherwise, and shall in all cases do so when the interests
of justice require such action.

Fees for Registration

Section 114.

Fees payable under this Act shall be as
follows:

For every application to bring land under this Act, including indexing and

recording the same, and transmitting to the clerk, when filed with the register of
deeds, three dollars.



For every plan filed, seventy-five cents.



For indexing any instrument recorded while application for registration is
pending, twenty-five cents.



For examining title, five dollars and one-tenth of one per centum of the value of
the land, as fixed by the last preceding valuation for the purposes of taxation.


For each notice by mail, twenty-five cents and the actual cost of printing.


For all services by a sheriff or other officer under this Act, the same fees as
are now provided by law for like services. .


For each notice by publication, twenty-five cents and the actual cost of
publication. .


For entry of order dismissing application, or decree of registration, and sending
memorandum to register of deeds, one dollar. .


For copy of decree of registration, one dollar. .


For entry of original certificate of title and issuing one duplicate certificate,
three dollars. .


For making and entering a new certificate of title, including issue of one
duplicate, one dollar. .


For each duplicate certificate, after the first, fifty cents. .


For the registration of every instrument, whether single or in duplicate or
triplicate, including entering, indexing, and filing the same, and attesting
registration thereof, and also making and attesting copy of memorandum on one
instrument or a duplicate certificate when required one dollar and fifty cents.


For making and attesting copy of memorandum on each additional instrument or
duplicate certificate if required, fifty cents. .


For filing and registering an adverse claim, three dollars.


For entering statement of change of residence or post-office address, including
indorsing and attesting the same on a duplicate certificate, twenty-five cents.
For entering any note in the entry book or in the registration book, twenty-five
cents. .


For the registration of a suggestion of death or notice of bankruptcy,
insolvency, or analogous proceeding, twenty-five cents. .


For the registration of a discharge or release of mortgage or other instrument
creating an incumbrance, fifty cents. .


For the registration of any levy, or of any discharge or dissolution of any
attachment or levy, or of any certificate of a receipt for the payment of taxes, or
notice of any pending action, or of a judgment or decree, fifty cents. .


For indorsing on any mortgage, lease, or other instrument a memorandum of
partition, one dollar. .


For every petition filed under this Act after original registration, one dollar.
For a certified copy of any decree or registered instrument, the same fees as are
provided by the Code of Procedure in Civil Actions and Special Proceedings for clerks
of Courts of First Instance for like services. .


In all cases not expressly provided for by law the fee of all public
officers for any official duty or service under this Act shall be at the same rate as
those prescribed herein for like services; Provided, however, That if the value of the
land sought to be registered does not exceed one hundred dollars the fees payable for
the application to bring land under this Act and for the indexing and recording
instruments while application for registration is pending, for examining title, for
notices by mail or by publication, for services by sheriff or other officer, for entry
of order dismissing application or decree of registration, and for entry of original
certificate of title and issuing one duplicate shall be ten dollars.

Penalties

Section 115.

Certificates of title and duplicate
certificates issued under this Act shall be subjects of larceny.

Section 116.

Whoever knowingly swears falsely to any
statement required to be made under oath by this Act shall be guilty of perjury and
liable to the penalties provided by law for perjury.

Section 117.

Whoever fraudulently procures, or assists
in fraudulently procuring, or is privy to the fraudulent procurement of any certificate
of title or owner’s duplicate certificate, or of any entry in the register or
other book kept in the office of the clerk or of any register of deeds, or of any
erasure or alteration in any entry in any set of books or in any instrument authorized
by this Act, or knowingly defrauds or is privy to defrauding any person by means of a
false or fraudulent instrument, certificate, owner’s duplicate certificate,
statement or affidavit affecting registered land, shall be fined not exceeding five
thousand dollars or imprisonment not exceeding five years, or both, in the discretion
of the court.

Section 118.

Whoever forges or procures to be forged or assists in forging the seal of the
clerk or of any register of deeds, or the name, signature, or handwriting of any
officer of the court or of the register of deeds, in case where such officer is
expressly or impliedly authorized to affix his signature; or


Fraudulently stamps or procures to be stamped or assists in stamping any document
with any forged seal of the clerk or register of deeds; or


Forges, or procures to be forged, or assists in forging the name, signature, or
handwriting of any person whosoever to any instrument which is expressly or impliedly
authorized to be signed by such person under this provisions of this Act; or


Uses any document upon which an impression, or part of the impression, of any
seal of the clerk or of a register of deeds has been forged, knowing the same to have
been forged, or any document the signature to which has been forged, knowing the same
to have been forged, shall be imprisoned not exceeding ten years or fined not
exceeding five thousand dollars, or both, in the discretion of the court.


Prosecutions for offenses for violations of any of the provisions of this
Act shall be instituted and conducted in the proper Court of First Instance.

Section 119.

Whoever, with intent to defraud, sells and
conveys registered land, knowing that an undischarged or any other incumbrance exists
thereon which is not noted by memorandum on the duplicate certificate of the title,
without informing the grantee of such attachment or other incumbrance before the
consideration is paid, shall be punished by imprisonment not exceeding three years or
by a fine not exceeding one thousand dollars, or by both, in the discretion of the
court.

Section 120.

No conviction for any act prohibited by
this Act shall affect any remedy which any person aggrieved or injured by such act
shall be entitled to by law against the person who has committed such act or against
his estate.

Register of Deeds in Manila

Section 121.

Wherever in this Act the phrase “the
register of deeds in the province where the land lies,” or an equivalent phrase,
occurs, it shall be construed to include and be applicable to the register of deeds in
the City of Manila.

Public Lands

Section 122.

Whenever public lands in the Philippine
Islands belonging to the Government of the United States or to the Government of the
Philippine Islands are alienated, granted, or conveyed to persons or to public or
private corporations, the same shall be brought forthwith under the operation of this
Act and shall become registered lands. It shall be the duty of the official issuing the
instrument of alienation, grant, or conveyance in behalf of the Government to cause
such instrument, before its delivery to the grantee, to be filed with the register of
deeds for the province where the land lies and to be there registered like other deeds
and conveyances, whereupon a certificate shall be entered as in other cases of
registered land, and an owner’s duplicate certificate issued to the grantee. The
deed, grant, or instrument of conveyance from the Government to the grantee shall not
take effect as a conveyance or bind the land, but shall operate as a contract between
the Government and the grantee and as evidence of authority to the clerk or register of
deeds to make registration. The act of registration shall be the operative act to
convey and affect the lands, and in all cases under this Act registration shall be made
in the office of the register of deeds for the province where the land lies. The fees
for registration shall be paid by the grantee. After due registration and issue of the
certificate and owner’s duplicate such land shall be registered land for all
purposes under this Act.

Act, How Construed

Section 123.

This Act shall be construed liberally so
far as may be necessary for the purpose of effecting its general intent.

Continuance of Existing System as to Unregistered Land

Section 124.

As to land not registered in accordance
with the provisions of this Act, the system of registration and recording heretofore
established by law in these islands shall continue and remain in force, except in so
far as hereinafter modified, and the evidential weight given by existing law to titles
registered as existing law now provides shall be accorded to such titles in the
hearings had under this Act before the examiners and before the court. The duties of
registering and recording land titles in accordance with the law heretofore existing
shall be performed in the several provinces and the city of Manila by the register of
deeds in this Act provided, after such register of deeds have been appointed: Provided,
however, That the originals of deeds, mortgages, leases, and other instruments
affecting the title to unregistered land shall not be retained by notaries public or
other officials before whom the same are solemnized, but after having been duly
executed may be delivered to the grantee, mortgagee, lessee, or other person entitled
to the same and be by him presented to the register of deeds for the province where the
land lies for registration and recording, in the same manner and with the same legal
effect that copies thereof certified by notaries public under existing law are
registered and recorded. The register of deeds upon receiving any such deed, mortgage,
lease, or other instrument dealing with land not registered under this Act shall
indorse upon the instrument so received the true year, month, day, hour, and minute
when the same is received, and the same shall be deemed to have been registered and
recorded as unregistered land from the time of the indorsement of such memorandum
thereon. He shall also indorse thereon the volume and page wherein the same is
registered and recorded. After the due registration and recording of such instrument
the owner thereof shall be entitled to the custody and possession of the same. The
original instrument, the record thereof in the books of the register of deeds, and any
certified copy of such record shall be competent evidence in any court of justice. The
fees of the register of deeds for registering and recording any such instrument shall
be the same as those now provided by law for registering and recording a certified copy
of a notarial instrument dealing with land.

Section 125.

Until registers of deeds shall be appointed
in accordance with the provisions of this Act, the officials performing the duties of
registrars and recorders of deeds in the several provinces and in the city of Manila
shall be registers of deeds and perform the duties of registers or deeds as defined by
this Act. Their deputies shall be deputy registers of deeds. All laws relative to
existing registrars of deeds and recorders, their deputies, including their
compensation, clerk hire, and expenses shall extend to registers of deeds and their
deputies under this Act so far as the same may be applicable.
Notaries Public

Section 126.

All notaries public in the Islands, and all
other officials and persons having in their possession notarial books, records,
protocols, archives, and other documents, shall immediately deliver to the Chief of the
Bureau of Archives all such notarial books, records, protocols, archives, and documents
in accordance with the provision of section eighty of Act Numbered one hundred and
thirty-six, entitled “An Act providing for the organization of courts in the
Philippine Islands,” and hereafter notaries public shall only have the powers and
perform the duties prescribed for notaries public in sections eighty-one to ninety-one,
inclusive, of said Act Numbered one hundred and thirty-six.

Forms

Section 127.

Deeds, conveyances, mortgages, leases,
releases, and discharges affecting lands, whether registered under this Act or
unregistered, shall be sufficient in law when made substantially in accordance with the
following forms, and shall be as effective to convey, encumber, lease, release,
discharge, or bind the lands as though made in accordance with the more prolix form
heretofore in use: Provided, That every such instrument shall be signed by the person
or persons executing the same, in the presence of two witnesses, who shall sign the
instrument as witnesses to the execution thereof, and shall be acknowledged to be his
or their free act and deed by the person or persons executing the same, before the
judge of a court of record or clerk of a court of record, or a notary public, or a
justice of the peace, who shall certify to such acknowledgment substantially in the
form next hereinafter stated:



1. Form of acknowledgment by person executing deed of conveyance,
mortgage, lease, release, or discharge affecting land.

UNITED STATES OF AMERICA, PHILIPPINE ISLANDS


Province of (or city of Manila)………….


At the municipality of ______, in said province, on this ______ day
of __________, A.D. 19 ,_______ personally appeared ________, known to me to be the
same person (or persons) who executed the foregoing instrument, and acknowledged
that the same is his (or their) free act and deed.


Before me ____________________________
(Notary public or other official as the case may be.)


2. Deed of land registered under this Act.


I, _____________, of ___________, in the Province of ______, in the
Philippine Islands, in consideration of __________ dollars, to be paid by
_____________, of _____________, in the province of ____________ in the Philippine
Islands, do hereby sell and convey to said _____________ and his heirs and assigns
that parcel of land, together with all the buildings and improvements thereon,
situated in the municipality of ____________ province of ________________, in the
Philippine Islands, bounded and described as follows (here insert boundaries and
description), of which land I am the registered owner in accordance with the
provisions of the Land Registration Act, my title thereto being evidenced by
Certificate Number ______________ in the land records of said province.


In witness whereof I have hereunto signed my name on this ____ day of
_____________, A.D. 19 _______.
______________________
Signed in the presence of:
____________________
__________________
(To be followed by acknowledgment according to Form 1.)


3. Deed of land not registered under this Act, without covenants of
warranty.


I, ________________, of _________, in the Province of
_________________, in the Philippine Islands, in consideration of dollars, to me
paid by _____________, of _________, in the Province of in the Philippine Islands,
do hereby sell and convey to the said ________________, his heirs and assigns, that
parcel of land, together with all the buildings and improvements thereon, situated
in the municipality of ____________, in the Province of ___________, in the
Philippine Islands, bounded and described as follows (here insert boundaries and
description).


In witness whereof, I have hereunto signed my name, on this ___ day
of ______________ , A.D. 19 ____.
________________________
Signed in the presence of:
____________________
____________________
(Acknowledgment.)


4. Deed of land not registered under this Act, with covenants of
warranty.


I, ___________, of _____________, in the Province of ___________ in
the Philippine Islands, in consideration of _________ dollars, to me paid by
_______, of __________, in the Province of ______________ in the Philippine
Islands, do hereby sell and convey to the said ______________, his heirs and
assigns, that parcel of land, together with all the buildings and improvements
thereon, situated in the municipality of _____________, in the Province of
__________, in the Philippine Islands, bounded and described as follows (here
insert boundaries and description); and the said ________(seller) does hereby
covenant and agree with the said _____________(purchaser) that he is lawfully
seized in fee of said premises that they are free from all incumbrances that he has
a perfect right to convey the same, and that he will warrant and forever defend the
same unto the said _____________ (purchaser), his heirs and assigns, against the
lawful claims of all persons whomsoever (or insert other covenants, whatever they
may be).


In witness whereof, I have hereunto signed my name on this
______________ day of ________, A.D. 19 _____.
______________________
Signed in the presence of:
____________________
____________________
(Acknowledgment.)


5. Mortgage of land registered under this Act.


I, _____________, of ____________, in the Province of __________ in
the Philippine Islands, in consideration of __________ dollars, to me paid by
___________, of __________, in the Province of _______________ in the Philippine
Islands, do hereby, by way of mortgage, convey to the said ______________, his
heirs and assigns, that parcel of land, together with all the buildings and
improvements thereon, situated in the municipality of ______________, in the
Province of __________________, in the Philippine Islands, bounded and described as
follows (here insert boundaries and description), of which land I am the registered
owner, in accordance with the provisions of Land Registration Act, my title thereto
being evidenced by Certificate Number ______________, in the land records of said
province: Provided, nevertheless, That if I, the said ___________________
(mortgagor) shall duly pay, or cause to be paid, to the said __________________,
(mortgagee) my certain promissory notes of this date by me signed, and payable to
the said _______________, (mortgagee), all dated on this date, each for the sum of
____________ dollars, and payable in one, two, and three years from date (or
otherwise, as the case may be), with lawful interest, then this mortgage shall be
thereby discharged and of no further effect, otherwise it shall remain in full
force and be enforceable in the manner provided by law.
In witness whereof, I have hereunto signed my name on this ______________ day of
_______, A.D. 19 _____.
_______________________
Signed in the presence of:
____________________
____________________
(Acknowledgment.)


6. Mortgage of land not registered under this Act.


(This mortgage may be in the same form as that prescribed in Form 5,
but omitting that portion of Form 5 which describes the land as registered under
the Land Registration Act, and including such covenants of warranty as the parties
may agree upon.)


7. Discharge of mortgage of land registered under this Act.


I, ________________, of _____________, in the Province of
_____________ in the Philippine Islands, mortgagee of the land embraced in
Certificate Number ____________ in the land records of the Province of
_______________, by virtue of a mortgage executed by ______________, of
_______________, in the Province of _______________, in the Philippine Islands, on
the ___________ day of ______, 19 ____, having received the full consideration
named as the condition of said mortgage, do hereby forever release and discharge
the same.


In witness whereof, I have hereunto signed my name on this
____________ day of ______, A.D. 19 _____.
_______________________
Signed in the presence of:
____________________
____________________
(Acknowledgment.)


8. Discharge of mortgage of land not registered under this Act.



(The discharge in this case may be as in Form No. 7, varying the
description of the mortgage to suit the facts.)


9. Lease of land registered under this Act.


I, _______________, of ____________, in the Province of _____________
in the Philippine Islands, in consideration of the agreements hereinafter
contained, do hereby lease unto ___________, of ________________, in the Province
of ________________, in the Philippine Islands, and his assigns (if the lease is to
be assignable), that parcel of land, together with all the buildings and
improvements thereon, situated in the municipality of _____________, in the
Province of ________________, in the Philippine Islands, bounded and described as
follows (here insert boundaries and description), of which land I am the registered
owner, in accordance with the provisions of the Land Registration Act, my title
thereto being evidenced by Certificate Number in the land records of said province,
for the period of years from this date.



And I, the said lessee, in consideration of this lease, do hereby
promise, for myself and my heirs and assigns, that I will cause to be paid to the
said ________________, (lessor), an annual rental (or monthly rental) of
_______________, dollars per year (or per month, as the case may be) during the
whole period of this lease, payable on the ____________ day of ____________ of each
year (or at such other times as may be agreed upon).


(Other special agreements of the lease may be here inserted.)


In witness whereof, I have hereunto signed my name on this __________
day of ________, A.D. 19 _____.
_______________________
Signed in the presence of:
____________________
____________________
(Acknowledgment.)


10. Lease of land not registered under this Act.


(This lease may be as in Form No. 9, omitting that portion thereof
that relates to the certificate of title and inserting such covenants of warranty
as may be agreed upon. )


11. Release of leased lands, whether registered under this Act or not.


(Such release may be as in Form Nos. 7 and 8, for the discharge of
mortgages, using the term “release,” instead of
“discharge,” and inserting such description as fully identifies the
lease.).


Section 128.

This Act shall take effect January first,
nineteen hundred and three.

ENACTED, November 6, 1902.

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