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 PROPERTY REGISTRATION AND
CONVEYANCING

ATTY. SEDFREY H. GARCIA

REGISTER OF DEEDS OF
MANDALUYONG
ORIGINAL REGISTRATION
7 Steps in Judicial Registration (PD 1529)

1. APPLICATION for Land Registration

Shall be filed in Court by the Applicant.

2. PUBLICATION of the notice of the initial

hearing of said application.

3. OPPOSITION to said application shall be

filed by any person who claims the land or
interest therein.
4. HEARING of said application and presentation of
EVIDENCE in court.

5. JUDGEMENT shall be rendered by the Court.

6. DECREE OF REGISTRATION for the land shall

be issued by the LRA Administrator; and

7. ORIGINAL CERTIFICATE OF TITLE for the land

shall be issued by the LRA Administrator, which
shall then be ENTERED by the REGISTER OF
DEEDS
In his record book. The owners duplicate of said
certificate of title shall be given to the registered
owner thereof.

JURISDICTION:
Gen. Rule
RTC

Exception:
MTC/MCTC if authorized by SC
(Sec. 34 BP Blg. 129)
PROBLEMS WITH JUDICIAL
PROCEEDINGS

Jurisdictional Requirements could not be produced in

court.
Strict adherence to the Rules and Procedures in
Court.
Importance of submitting a Duly Approved Plan. It
was emphasized in the case of Sps. Hwa Ping and
Mary Gaw et. Al., vs Ayala Land Inc., GR. No.
173120/172141 that a defective survey plan, in a Land
Registration proceeding will affect the jurisdiction of
the Court and will result in the invalidity of the title
issued and all title emanating from that.
Cases that may considered regarding Decree of Registration
a. Republic v. Heirs of Sanches 749 Phil 999
b. Republic vs. Yap Gr. No. 231116
c. Republic vs. Juan Fule and Delia O. Fule GR No.
239273
Prescription in Land Registration Proceedings Does NOT
Prescribe provided that the decree of registration and the
OCT has not been entered in the primary entry book the
court still has jurisdiction. Republic vs Lourdes Abiera Nillas
G.R. No. 159595
TRANSACTIONS
A. VOLUNTARY TRANSACTIONS
(Sales, Donations, Settlements , Adjudications,
Partitions, Mortgage, Lease, etc.)

MANDATORY/COMMON REQUIREMENTS:

1. Original copy of the Deed/Instrument

if the original copy cannot be produced,
duplicate
original or certified true copy shall be presented
accompanied with a sworn affidavit executed by
the interested party stating why the original
copy
cannot be presented.
Problems encountered with Respect to the DEEDs and
supporting Documents:
1. Doc. Did not comply with the LEGAL format.
ex. Donation-Requires the Acceptance of the
donation by the Donee.
2. Signatures of Parties/Agents and/or Witnesses.
3. Erasures-Considered as an irregular document.
4. Wrong Spellings of the names of the Parties.
5. Missing Original Deed.
2. Owner’s copy of the certificate of title, and
co-owner’s copy, if one has been issued.

“No voluntary instrument shall be registered

by the Register of Deeds, unless the duplicate
certificate is presented with such instrument
(Sec. 53, PD no. 1529)”
Problems with the Owner’s Duplicate Copy.
1. Missing Owner’s Duplicate Copy.
2. Tampered owner’s Duplicate Copy
3. Fake Owner’s Duplicate Copy
4. Dilapidated Owner’s Copy
5. Annotation on the original that the owner’s
copy is lost.
6. TRO order/ Status Quo order.
7. Title not updated in the System.
8. Original or Vault Copy of title is missing
Exemptions:

“….Except in cases expressly provided for in this

Decree or upon order, for cause shown.”

The first exception pertains to the Emancipation

Patent and is found in par. 3 Sec.105 of PD 1529.

The second exception, … “upon order of Court for

cause shown. (Sec. 107 of PD 1529)”
3. Latest Tax Declaration

Problems with Tax Declaration

1. Wrong Tax Declaration
2. Not updated Tax Declaration
3. Tax Dec does not correspond to the name
of the title
SPECIFIC TRANSACTIONS
VOLUNTARY TRANSACTIONS

I. SALE/Transfer/Deed of
Assignment/DONATIONS

Requirements:

a. Mandatory/Common Requirements

b. Supporting Documents

b.1 BIR certificate authorizing

registration.
re : payment of capital gains
b.2 Revenue tax receipts - payment of
documentary stamps

b.3 Real property tax clearance indicating

the tax declaration number

b.4 Proof of payment

 b.5 DAR clearance and affidavit of
Aggregate Land holding of transferee if
the land is covered by CARP.

Note:
If the Transferor or Transferee is a Corporation:

1. Secretary’s certificate or Board

Resolution to sell or/Purchase
2. Articles of Incorporation of the transferee
3. Certificate of SEC registration.
For the Transfer of condominium or CCT’s

1. Affidavit/certificate attesting Condominium

Corporation does not violate 60-40 rule.
2. If there is subsequent transfer of CCTs:
Certificate of Management is required.
3. If sale is made by a “Corporation Sole”:
Court order is required.
Problems with Sale Transactions
1. BIR-eCAR Bar code could not be read
2. Expired BIR-eCAR
Note:
Gen. Rule
No Voluntary Transaction can be halted
without a valid court order.
II. EXTRA-JUDICIAL SETTLEMENT
or ADJUDICATION

Affidavit of the publisher/editor stating that

the deed/instrument had been published once
a week for three (3) consecutive weeks or a
copy of each week’s issue of the newspaper
wherein the publication appeared (Sec. 86,
2nd par., PD No. 1529)
Note:
Title issued is subject to sec. 4 Rule 74 of the
Rules of Court. The 2-year period should be
counted from the day of execution of the deed of
extrajudicial settlement and not from its
registration (LRC Consulta No. 1400, dated July
11, 1984).

However, LRA would want to implement that the

counting should be on the Date of Registration.
Note:
Extrajudicial Settlement of personal property is
for filing only, but publication and evidence that
the Bond has been posted and estate tax paid is
necessary. (Sec. 1, Rule 74, Rules of Court)
Problems encountered
1. Sharing of the heirs in the property.
2. Sec. 4 Rule 74
3. Preterited Heir.
4. Publication issue
III. REGISTRATION/SALE OF SUBDIVISION
PROJECTS
a. license to sell
b. Development permit
c. Certificate of Registration

IV. POWER OF ATTORNEY OR ANY DEED

INSTRUMENT EXECUTED ABROAD
a. Certificate of authentication by the nearest
Philippine Consulate
Problems encountered with Power of Attorney.
1. Expired SPA
2. Consularized Document
3. Apostille
What is an Apostille ?

An Apostille is a certificate that authenticates the

origin of a public document. It is issued by a
country that is party to the Apostille Convention
to be used in another country which is also a
party to the Convention.
V. JUDICIAL SETTLEMENT OF STATE

a. Order approving the project of partition.

b. Certificate of Finality of the
order/termination of special proceeding.
c. Letters of Administration if the property is
being sold or encumbered during the
settlement proceedings.
VI. MORTGAGES / LEASE
a. Mandatory/Common Requirement
b. Supporting Documents
b.1 Certificate of non-delinquency the
payment of real estate tax.
b.2 Documentary Stamp tax
Note:
Mortgage is binding bet. the parties even if not
registered.
It can be foreclosed even if not registered.
However the real estate mortgage must be
annotated first before the certificate of sale may
be registered. (Mobil Philippines v. Diocares GR
no. L-26371 Sept. 30 1969).
Note:
Under R.A. 8791, Gen. Banking Act of 2000
Mortgagor is a Juridical Person and mortgagee is a
Banking institution

Right of Redemption expires upon the registration of

the certificate of sale or 3 months from date of
foreclosure whichever is earlier. (Goldenway
Merchandizing Corp. v. Equitable PCI Bank G.R, no
195540. March 13 2013)-Once the certificate of Sale
has been registered there is no more right of
redemption.
Latest case is Zomer Dev’t Co. Inc. vs. Special 20th
Div of the CA Cebu G.R. no. 194461
VII. EXTRAJUDICIAL FORECLOSURE OF
MORTGAGE
a. Mandatory/Common Requirements
a.1 Certificate of Sale by the Sheriff
or Notary Public.-Approval of the Executive
Judge of the local RTC.

b. Supporting Document
b.1 Documentary Stamp tax
Note:
Registration of the Sheriff ’s Certificate of Sale is
an Involuntary transaction-(Autocorp Group and
Autographics, Inc., vs CA and Keppel Monte Bank
G.R. no. 157553 Sept. 8 2004)
VIII. CONSOLIDATION OF OWNERSHIP
a. Mandatory/Common Requirements
a.1 Affidavit of consolidation of the purchase
or Deed of Sale executed by the attorney-in-fact.
b. Supporting Documents

IX. JUDICIAL FORECLOSURE OF MORTGAGE

a. Court order directing the sale by Public auction
b. Certificate of sale issued by the sheriff
„
Note:
BIR Revenue Circular No. 0511 Nov. 10, 2011.

Capital Gain tax shall only be paid upon the

lapse of the redemption period, and upon the
registration of the affidavit of consolidation.

Registration Fee

Where there is an additional collateral in an

amended mortgage, fees on original mortgage are
again charged (LRC Consulta Nos. 109 & 110)
X. EXECUTION SALE
a. Notice of Levy or attachment must first
be annotated accompanied with a Writ
of execution.
b. Certificate of Sale.
c. Final Deed of Sale.
XI. FOR SUBDIVISION AND/ OR
CONSOLIDATION PLAN
a. Without Change of ownership
a.1 Letter of request
a.2 Sepia or Polyethylene film of
the plan duly approved by the
LRA or LMB
(Land Management Bureau)
a.3. Blueprint of the plan
a.4 Original Technical Description
b. With change of ownership
b.1 Agreement of partition
b.2 Real estate Tax Clearance
XII. FOR CONDOMINIUM PROJECT
a. Master Deed
b. Declaration of restriction
c. Diagrammatic Floor plan

If CCT are issued for the first time in the name of

the registered owner , the following are required
:
 If CCT are issued for the first time in the
name of the registered owner , the
following are required :

a. Certificate of registration with

HLURB now DHSUD
b. Development Permit
c. License to sell
INVOLUNTARY TRANSACTIONS

Note:
With regard to the surrender of the Owner’s
Duplicate Certificate of Title, the following
rules apply:
a. When registration is only by annotation
(Sec. 71 PD 1529).
b. When registration is by issuance of TCT
(Sec. 107 of PD1529).
I. LIS PENDENS
Notice containing the following :
a. Name of Parties
b. Court where action is pending and
date instituted.
c. Certificate of title number; or tax
declaration if yet untitled.
d. Description of property.
e. Copy of complaint or answer with
affirmative relief.
How to Cancel Lis Pendens
1. Court Order to cancel.
2. Certification by clerk of court stating
manner of disposition.
3. Verified petition lifting notice by the
interested party who caused the filing of
the notice.
Gen. Rule
Lis Pendens not available in case of personal c=action
for sum of money and where the ONLY OBJECT of the
suit is recovery of money judgment, although the title or
right of ownership or possession be incidentally affected.
(Magdalena Homeowners et.al., vs CA G.R. no. L-60323)
Note:
Lis pendens does not produce a legal effect similar to
a lien.( Deanna Du vs Ronald A. Ortile G.R. no. 255934)
Effect:
Registered owner must be impleaded in the
case.(Emma Ver-Reyes vs. Irene Montemayor G.R. no.
166516)
II. ADVERSE CLAIM

Sworn statement stating the following :

a. Alleged claim against the registered
owner of the property.
b. Certificate of the Title Number.
c. Description of the land.
d. Address of adverse claimant.
How to Cancel:

a. Court Order
b. sworn Petition by the person who filed
the adverse claim.
III. Sheriff ’s Certificate of Sale:
Registration of the Sheriff ’s Certificate of
Sale is an Involuntary transaction-(Autocorp
Group and Autographics, Inc., vs CA and
Keppel Monte Bank G.R. no. 157553 Sept. 8
2004)
IV. LOCAL GOVERNMENT LIENS :
SECTION 258-267 OF R.A. 7160 (LOCAL
GOV’T. CODE)

a. Administrative Process :
a.1 Levy on real property through the
issuance of the warrant which shall be
annotated on the title affected (Sec.
258).
a.2 Advertisement and sale and issuance
to the purchaser a certificate of sale
(Sec.260).Period of redemption is
within one (1) from sale.
Failure to redeem will require a Final Deed to
be issued to purchaser (Sec.260)
If the highest bidder is the local government,
the declaration of forfeiture to transfer title
shall be registered by the Register of Deeds
sans order from the competent
court.
Registered owner still has (1)one year period of
redemption.
b. Judicial Process:
By a civil action filed by the local
Treasurer within the period prescribed in
Section 270 of RA 7160
Common Problems encountered in registering
Involuntary Transactions:

1. Subject of the Right of the Registrant must be

ownership or interest over the property and not
a mere money claim.
2. Subject Title was not identified in the
document.
3. Formalities of the Document
CONSULTA

Is simply an appeal by a party in interest from the

Register of Deed’s ORDER (denying the registration
of a document which was presented to him for
registration) to the Administrator of the LRA.

Procedure: Sec 117 of PD 1529

SEC. 117. Procedure. –
When the Register of Deeds is in doubt with regard
to the proper step to be taken or memorandum to be
made in pursuance of any deed, mortgage or other
instrument presented to him for registration, or
where any party in interest does not agree with the
action taken by the Register of Deeds with reference
to any such instrument, the question shall be
submitted to the Commissioner] ADMINISTRATOR
of THE Land Registration AUTHORITY by the
Register of Deeds, or by the party in interest thru
the Register of Deeds.
Where the instrument is denied registration,
the Register of Deeds shall notify the interested
party in writing, setting forth the defects of the
instrument or legal grounds relied upon, and
advising him that if he is not agreeable to such
ruling, he may, without withdrawing the
documents from the Registry, elevate the matter
by consulta within five days from receipt of
notice of the denial of registration to the
[Commissioner] ADMINISTRATOR of THE
Land Registration AUTHORITY.
The Register of Deeds shall make a memorandum of
the pending consulta on the certificate of title which
shall be canceled motu proprio by the Register of
Deeds after final resolution or decision thereof, or
before resolution, if withdrawn by petitioner. The
[Commissioner] ADMINISTRATOR of the Land
Registration AUTHORITY, considering the consulta
and the records certified to him after notice to the
parties and hearing, shall enter an order prescribing
the step to be taken or memorandum to be made. His
resolution or ruling in consultas shall be conclusive
and binding upon all Registers of Deeds, provided,
that the party in interest who disagrees with the final
resolution, ruling or order of the [Commissioner]
ADMINISTRATOR relative to
consultas may appeal to the Court of Appeals
within the period and in manner provided in
Republic Act No. 5434.
PHILARIS SYSTEM

Present version is v.38.2

10 year contract starting with each phase.
BOO contract were no expense to the Govt.

Phase 1 and 2 has expired – extension, renewal

or takeover?

Phase 3 and 4 till 2026 under consideration

The Present Philaris version
Can handle simple, single transactions like
transfer, mortgage, cancellation of mortgage,
court order

Complicated and multiple transactions needs

to be enhanced.

Redundancy in the process must be addressed

to be truly efficient.
Solutions
1. System must be efficient and less redundant
process or steps for all transactions.
2. Augmentation of New and Efficient staffing
3. Mapping of information must be implemented.
4. Continuous training of employees with the system.
5. Manuals must be issued.
6. Simplified documentations
7. Barcode Documents
7. Completion and Updated Database of Titles
8. Creation of Pre PHILARIS database on all
converted and certified documents.
9. RD Operations and Central Office Operation
must at-least be synchronized.
10. Realistic turn around time for each
transactions.
11. Monitoring of RD office efficiency.
12. Random Audit of documents sumitted for each
transactions.
 THE COMPUTERIZED WORKFLOW
Registration
Information
Entry Officer

Examination
Cashier
ng
adi

Approved
fre
oo
Pr

Approval/
Encoding Scanning Printing
Signing

Releasing Vault keeping

Exception
Handling Denied

Consulta
 Title
Number

RD Code

Blue
Serial Border
Number
should be
equal to
the
number
written at
the
bottom of
the
barcode

2D
Barcode
THANK YOU