CERTIFICATE OF TITLE

Section 39. Preparation of decree and Certificate of Title. After the judgment directing the registration of
title to land has become final, the court shall, within fifteen days from entry of judgment, issue an order
directing the Commissioner to issue the corresponding decree of registration and certificate of title. The
clerk of court shall send, within fifteen days from entry of judgment, certified copies of the judgment and
of the order of the court directing the Commissioner to issue the corresponding decree of registration and
certificate of title, and a certificate stating that the decision has not been amended, reconsidered, nor
appealed, and has become final. Thereupon, the Commissioner shall cause to be prepared the decree of
registration as well as the original and duplicate of the corresponding original certificate of title. The
original certificate of title shall be a true copy of the decree of registration. The decree of registration shall
be signed by the Commissioner, entered and filed in the Land Registration Commission. The original of
the original certificate of title shall also be signed by the Commissioner and shall be sent, together with
the owner's duplicate certificate, to the Register of Deeds of the city or province where the property is
situated for entry in his registration book.

Section 40. Entry of Original Certificate of Title. Upon receipt by the Register of Deeds of the original and
duplicate copies of the original certificate of title the same shall be entered in his record book and shall
be numbered, dated, signed and sealed by the Register of Deeds with the seal of his office. Said certificate
of title shall take effect upon the date of entry thereof. The Register of Deeds shall forthwith send notice
by mail to the registered owner that his owner's duplicate is ready for delivery to him upon payment of
legal fees.

Section 41. Owner's duplicate certificate of title. The owner's duplicate certificate of title shall be
delivered to the registered owner or to his duly authorized representative. If two or more persons are
registered owners, one owner's duplicate certificate may be issued for the whole land, or if the co-owners
so desire, a separate duplicate may be issued to each of them in like form, but all outstanding certificates
of title so issued shall be surrendered whenever the Register of Deeds shall register any subsequent
voluntary transaction affecting the whole land or part thereof or any interest therein. The Register of
Deeds shall note on each certificate of title a statement as to whom a copy thereof was issued.

Section 42. Registration Books. The original copy of the original certificate of title shall be filed in the
Registry of Deeds. The same shall be bound in consecutive order together with similar certificates of title
and shall constitute the registration book for titled properties.

Section 43. Transfer Certificate of Title. The subsequent certificate of title that may be issued by the
Register of Deeds pursuant to any voluntary or involuntary instrument relating to the same land shall be
in like form, entitled "Transfer Certificate of Title", and likewise issued in duplicate. The certificate shall
show the number of the next previous certificate covering the same land and also the fact that it was
originally registered, giving the record number, the number of the original certificate of title, and the
volume and page of the registration book in which the latter is found.

Section 44. Statutory liens affecting title. Every registered owner receiving a certificate of title in
pursuance of a decree of registration, and every subsequent purchaser of registered land taking a
certificate of title for value and in good faith, shall hold the same free from all encumbrances except those
noted in said certificate and any of the following encumbrances which may be subsisting, namely: First.
Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not
by law required to appear of record in the Registry of Deeds in order to be valid against subsequent
purchasers or encumbrancers of record. Second. Unpaid real estate taxes levied and assessed within two
years immediately preceding the acquisition of any right over the land by an innocent purchaser for value,
without prejudice to the right of the government to collect taxes payable before that period from the
delinquent taxpayer alone. Third. Any public highway or private way established or recognized by law, or
any government irrigation canal or lateral thereof, if the certificate of title does not state that the
boundaries of such highway or irrigation canal or lateral thereof have been determined. Fourth. Any
disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree
No. 27 or any other law or regulations on agrarian reform.

Section 45. Statement of personal circumstances in the certificate. Every certificate of title shall set forth
the full names of all persons whose interests make up the full ownership in the whole land, including their
civil status, and the names of their respective spouses, if married, as well as their citizenship, residence
and postal address. If the property covered belongs to the conjugal partnership, it shall be issued in the
names of both spouses.

Section 46. General incidents of registered land. Registered land shall be subject to such burdens and
incidents as may arise by operation of law. Nothing contained in this decree 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, landlord and tenant, or from liability to attachment or levy on execution, or from liability to any lien
of any description established by law on the land and the buildings thereon, or on the interest of the
owner in such land or buildings, or to change the laws of descent, or the rights of partition between co-
owners, or the right to take the same by eminent domain, or to relieve such land from liability to be
recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences, or
to change or affect in any way other rights or liabilities created by law and applicable to unregistered land,
except as otherwise provided in this Decree.
ISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OF TITLE

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

CERTIFICATE OF TITLE

1. The OCT shall be the true copy of the decree of registration

2. Transcript of the decree

3. Accumulates in one decree a precise and correct statement of the exact status of the fee simple title
which an owner possesses

4. Evidence of the title which the owner has

5. What appears on the face of the title is controlling on questions of ownership since the certificate of
title is an absolute and indefeasible evidence of ownership of the property in favor of the person whose
name appears therein.

DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THE WHOLE WORLD

As soon as the decree of title has been registered in the office of the RD, the property included therein
becomes registered land

Certificate of title shall take effect upon the transcription of the decree

REGISTRATION DOESN'T GIVE ANY PERSON A BETTER TITLE THAN WHAT HE REALLY HAS

PROBATIVE VALUE OF A CERTIFICATE OF TITLE

Serves as an indefeasible title to the property in favor of the person whose name appears therein and is
conclusive as to the identity of the land and its location

The title becomes indefeasible and incontrovertible one year from its final decree

The notations or memoranda at the back of the certificate arent admissible as proof of the contracts or
documents to which they pertain

Validity and correctness of the title is presumed

WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE EARLIER IN DATE PREVAILS

ENTRY OF OCT

The OCT is issued for the first time after initial registration proceedings

OCT shall be the true coy of the decree of registration

Upon receipt of the RD of the original and duplicate copy of the certificate of title, he shall enter the
same in the record book and shall be numbered, dated and signed and sealed with the seal of his office
ISSUANCE OF THE OWNERS DUPLICATE CERTIFICATE

Shall be delivered to the registered owner or his duly authorized representative

If 2 or more persons are registered owners, one owners duplicate may be issued for the whole land

If the 2 co-owners desire, a separate duplicate may be issued to each of them in like form but all
outstanding certificates so issued shall be surrendered whenever the RD shall register any subsequent
voluntary transaction affecting the whole land or part thereof or any interest therein

THE ISSUANCE OF MORTGAGEES DUPLICATE CERTIFICATE IS DISCONTINUED

CO OWNER MAY ONLY DISPOSE OF HIS ALIQUOT SHARE IN THE PROPERTY HELD IN COMMON

REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNERS DUPLICATE

Registered owner has preferential right to the possession of the owners duplicate as against one whose
name doesn't appear in the certificate but who may have right or claim to the possession of the land

DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEAR UPON ITS ISSUANCE. THERE ARE
EXCEPTIONS THOUGH

1. Laches

2. If there is fraud and misrepresentation on the title over public land

3. Buyer in bad faith

4. When the title over the land which you acquire is already privately owned

CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED THEREIN AND THE ENCUMBERANCES
ENUMERATED IN THE LAW

ENUMERATION OF ENCUMBERANCES ENUMERATED IN THE LAW

1. Liens, claims, or rights existing or arising under the laws or the constitution which arent by law
required

2. Unpaid real estate taxes levied or assessed within 2 years immediately preceding the acquisition of
any right over the land

3. Any public highway or private way established or recognized by the law, or any government irrigation
canal or lateral thereof
4. Any disposition of the property or limitation to the use thereof by virtue of PD 27 or any other law or
regulation or agrarian reform Tenancy Emancipation Decree and Comprehensive Agrarian Reform
Law)

5. Rights incident to the relation of husband and wife and landlord and tenant

6. Liability to attachment and execution

7. Liability to any lien of any description established by law and the buildings thereon or an interest of
the owner of such lands or buildings

8. Rights incident to the laws of descent or partition between co-owners

9. Taking of the property through eminent domain

10. Right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in
bankruptcy under the laws relative to preferences

11. Rights or liabilities created by law and applicable to unregistered land

ENCUMBERANCES

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

LIEN

Charge on the property

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

REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT GO BEYOND THE REGISTRY TO
DETERMINE CONDITIONS OF PROPERTY

SUPERIOR LIEN IN FAVOR OF GOVERNMENT COMPLEMENTARY TO THE DISTRAINT OF PERSONAL

PROPERTY AND INTEREST AND RIGHTS THEREIN AND JUDICIAL ACTION

UNPAID REAL ESTATE TAXES

Refers to unpaid taxes levied and assessed within 2 years immediately preceding the acquisition of any
right over the land by an innocent purchaser for value

Automatically registered

TENANT EMANCIPATION DECREE

Tenant farmerif not registered, 5 hectares and if irrigated, 3 hectares

Landowner may retain an area of not more than 7 hectares if such landowner is cultivating such area or
will not cultivate it CARL

Landowner may not retain more than 5 hectares

Three hectares may be allowed to each child of the landowner provided that he is at least 15 years old
and that he is actually tilling the land or directly managing the farm

PUBLIC PATENT

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

OTHER STATUTORY LIENS

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

CONTENTS OF A CERTIFICATE OF TITLE

1. Full names of all persons whose interest make up the full ownership of the land

2. Civil status

3. Names of the respective spouses

4. Citizenship

5. Residence and postal address