PROPERTY REGISTRATION DECREE

Case Overview and Summary

Summary of Presidential Decree No. 1529 (Property Registration Decree)

Registration of Property
- Establishes the Torrens system as the basis for judicial proceedings for land registration throughout the Philippines. (Section 2)
- Courts of First Instance have exclusive jurisdiction over applications for original registration and petitions after registration. (Section 2)
- Discontinues the Spanish Mortgage Law system and considers lands recorded under it as unregistered. (Section 3)

Land Registration Commission and Registries of Deeds
- Creates the Land Registration Commission under the Department of Justice for efficient execution of land registration laws. (Section 4)
- Outlines the officials, their qualifications, appointments, and functions of the Commission and Registries of Deeds. (Sections 5-13)
- Registries of Deeds serve as public repositories of records for registered and unregistered lands and chattel mortgages. (Section 10)

Original Registration
- Specifies who can apply for original registration of land, including those with open, continuous possession since June 12, 1945, or earlier. (Section 14)
- Outlines the form and contents of the application for land registration. (Section 15)
- Requires publication, mailing, and posting of notice of initial hearing for applications. (Section 23)
- Allows for opposition to applications and default orders if no opposition is filed. (Sections 25-26)
- Provides for speedy hearings, referrals to referees, and partial judgments. (Sections 27-28)
- Outlines the process for judgments confirming title, issuance of decrees of registration, and certificates of title. (Sections 29-32)
- Allows for review of decrees within one year for actual fraud, but not against innocent purchasers for value. (Section 32)
- Covers cadastral registration proceedings, including petitions, answers, hearings, judgments, and decrees. (Sections 35-38)

Certificates of Title
- Outlines the process for preparing and issuing original and transfer certificates of title. (Sections 39-43)
- Specifies statutory liens and encumbrances affecting registered land. (Section 44)
- Requires certificates to state personal circumstances of owners, such as marital status and citizenship. (Section 45)
- Allows for splitting or consolidation of titles and subdivision and consolidation plans. (Sections 49-50)

Subsequent Registration
Voluntary Dealings:
- Outlines the process for conveyances, mortgages, leases, powers of attorney, and trusts involving registered land. (Sections 51-68)
Involuntary Dealings:
- Covers attachments, adverse claims, liens, executions, insolvency proceedings, eminent domain, and lis pendens involving registered land. (Sections 69-77)
Judgments, Orders, and Partitions:
- Outlines the process for registering judgments, orders, and partitions affecting registered land. (Sections 78-92)

Assurance Fund
- Establishes an Assurance Fund contributed to by landowners upon registration. (Section 93)
- Allows for compensation from the fund for losses due to errors or fraud in registration, except for certain exclusions. (Sections 95-102)
- Provides for custody, investment, and management of the Assurance Fund. (Section 94)

Registration of Patents and Government Alienations
- Requires registration of public lands alienated, granted, or conveyed by the government. (Section 103)

Certificates of Land Transfer, Emancipation Patents, and Affidavits of Non-Tenancy
- Establishes a Provisional Register of Documents for Certificates of Land Transfer and Emancipation Patents issued under P.D. No. 27. (Sections 104-105)
- Requires affidavits of non-tenancy for certain transactions involving agricultural land. (Section 106)

Petitions and Actions After Original Registration
- Outlines procedures for compelling surrender of duplicate certificates, amending or altering certificates, replacing lost duplicates, and reconstituting lost or destroyed originals. (Sections 107-110)

Fees
- Establishes a detailed schedule of fees payable to the Clerk of Court, Sheriff, Register of Deeds, and Commissioner of Land Registration for various services. (Section 111)

Dealings with Unregistered Lands
- Requires recording of instruments affecting unregistered lands with the Register of Deeds for validity against third parties. (Section 113)

Registration of Chattel Mortgages
- Requires recording of chattel mortgages with the Register of Deeds where the mortgagor resides and where the property is situated. (Sections 114-116)

Consultas
- Establishes a procedure for resolving doubts or disagreements with the Register of Deeds through consultas with the Commissioner of Land Registration. (Section 117)

Final Provisions
- Appropriates funds for implementation, exempts certain mailings from postage, repeals inconsistent laws, includes separability and effectivity clauses. (Sections 118-122)