Acquiring Original Certificate of Title
The following are the steps for the acquisition of the Original Certificate of Title:
1. Survey of Land
Lands shall be measured by a licensed surveyor who will prepare the plan on a tracing cloth or Diazo Polyester Film.
2. Approval of Land
The Director of the Bureau of Lands must approve plan where property is located.
3. Filing of Application for Registration
The application for land registration must be typewritten and be filed at the Regional Trial Court where the property is located.
Attachments/Requirements:
- Seven Copies (7) of application
- Original Plan
- Three (3) copies of technical description
- Three (3) copies of certificates from the surveyor
- Four (4) latest Tax Declaration or Assessment Certificate from the Assessor’s Office
Frequently Asked Questions
What is Land Registration?
Land Registration is the process wherein the state provides a public record of the land title itself upon which a prospective purchaser or someone else interested may rely.
(Peña, Registration of Land Titles and Deeds, Revised Edition, 1988)
What is the purpose of Land Registration?
Under the Torrens System, the real purpose of the system is to quiet title of land; to put a stop to any question of the legality of the title, except claims, which were noted at the time of registration. (Peña, Registration of Land Titles and Deeds, Revised Edition, 1988)
What system of registration have we adopted in the Philippines?
In order to simplify land registration proceedings, Torrens System was adopted in the Philippines. A Torrens title is the certificate of ownership issued under the Torrens system.
(Peña, Registration of Land Titles and Deeds, Revised Edition, 1988)
What is the basic law governing land registration?
Presidential Decree No. 1529 was issued on June 11, 1978, known as the Property Registration Decree, governing registration of lands under the Torrens system. This decree supersedes all other laws related to registration of property.
What is the coverage of PD 1529?
The law is broad in scope as it covers:
- Original registration of title both ordinary registration proceedings and cadastral registration proceedings
- Registration of voluntary dealings and involuntary dealings
- Reconstitution of lost or destroyed original of Torrens title
Why was the Property Registration Decree issued?
The Property Registration Decree amended and codified the laws relative to registration of property, in order to facilitate the effective implementation of land registration. It was also intended to strengthen and simplify registration proceedings and the issuance of the certificate of title.
Certificate of title is the transcript of the decree or registration made by the Register of Deeds.
What are the other laws related to land registration?
Before the issuance of the Property Registration Decree, the basic law on the adjudication and registration of titles to lands in the Philippines was the Land Registration Law (Act No. 496), which took effect on February 1, 1903. Most of the governing principles of the Torrens system resulted from the application, construction and interpretations of its provisions.
Thus, past and current ruling of the Supreme Court on land registration of title usually refer to particular provisions of said Act.
To bring more lands under the operation of Torrens System, subsequent laws were enacted, such as: Act 2259, otherwise known as the Cadastral Act and Commonwealth Act 141, also known as the Public Land Act.
The other system of recording is governed by Section 194 of the Revised Administrative Code, as amended by Act 3344. This law provides for the registration or recording of transaction, affecting unregistered lands.
What court has the jurisdiction over the registration of title?
The Regional Trial Courts now have plenary jurisdiction over land registration proceedings.
The Property Registration Decree provides that said courts shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such application or petitions.
The court through its clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings, exhibits orders, and decisions filed or issued in applications or petitions for land registration, with the exception of stenographic notes, within five (5) days from the filing or issuance thereof. ( Pres. Decree No. 1529, Sec. 2, 1978 )
What is the nature of land registration proceeding?
Sec. 2 of the Property Registration Decree (P.D. No. 1529) provides that “judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on generally accepted principles underlying the Torrens system”.
A proceeding in rem, binds all persons known and unknown, and the title issued as a result is binding and conclusive upon the whole world.
What is the role of the Register of Deeds?
The office of the Register of Deeds constitutes a public repository of records of instruments affecting registered and unregistered lands in the province or city wherein such office is situated.
It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration.
It shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled. (Pres. Decree. No. 1529, Sec. 10)
What are kinds of land registration?
There are two kinds of land registration:
- Original registration
- Subsequent registration.
What is the difference between original registration and subsequent registration?
Original Registration is when the land has been adjudicated and decreed in the name of its owner in a registration proceeding and the title issued for the first time in pursuant of such decree is the Original Certificate of Title (OCT).
Whereas, subsequent registration is when the land title is cancelled and replaced by another title by reason of sale or transfer. The new certificate issued is Transfer Certificate of Title (TCT). All subsequent titles are known as Transfer Certificates.
Original Certificate of Title is a true copy if the decree of registration. It is signed by the Administrator, entered and filed in the Land Registration Authority.