RELEVANT LAWS AND JURISPRUDENCE IN THE PETITION

FOR CORRECTION OF ENTRY IN THE TRANSFER CERTIFICATE OF TITLE

APPLICABLE LAW

Under Section 108 of PD No. 1529 (Property Registration Decree of the Philippines), the
proceeding for the amendment and alteration of a certificate of title under
is applicable in seven instances or situations, namely:

a) when registered interests of any description, whether vested, contingent,

expectant or inchoate appearing on the certificate, have terminated and ceased;

b) when new interest not appearing upon the certificate have arisen or been created;

c) when any error, omission or mistake was made in entering a certificate or any
memorandum thereon, or, on any duplicate certificate;

d) when the name of any person on the certificate has been changed;

e) when the registered owner has married, or, if registered as married, that the
marriage has been terminated and no right or interests of heirs or creditors will
thereby be affected;

f) when a corporation, which owned registered land and has been dissolved has not
convened the same within three years after its dissolution; or upon any other
reasonable ground; and

g) when there is reasonable ground for the amendment or alteration of title

WHERE TO FILE THE PETITION

Under Section 108 of the of the decree, all petitions or motions relative to the amendment
and alteration of certificates shall be filed and entitled in theoriginal case in which the
decree of registration was entered. The Regional Trial Court sitting as
Land Registration Court has jurisdiction to hear the petition

THE SUMMARY NATURE OF THE PROCEEDINGS: WHEN APPLICABLE

The prevailing rule is that proceedings under Section 108 of PD 1529 are summary in
nature, contemplating corrections or insertions of mistakes which are
only clerical but certainly not controversial issues. Relief under said legal
provision can only be granted if there is unanimity among the parties, or that
there is no adverse claim or serious objection on the part of any party in interest.

Source: City Government of Tagaytay v. Guerrero, G.R. Nos. 140743 & 140745,
September 17, 2009, 600 SCRA 33, 58-59

Hence, summary procedure under Section 108 of Presidential Decree No. 1529 can only
be granted if there is no adverse claim or serious objection on the part of any party
in interest otherwise the case becomes controversial and should be
threshed out in an ordinary case or in the case where the incident properly belongs.