What is the land registration system?
The Philippines uses the Torrens system of land registration. Under this system, a Torrens title is conclusive against third parties, including the government. A holder of a Torrens title in good faith is guaranteed that his/her title is indefeasible, unassailable and imprescriptible. (For purposes of the discussion below, “registered land” refers to land that is registered under the Torrens system).
To bring unregistered land into the Torrens system and obtain original registration of title to the land, the owner of the unregistered land must apply for registration with the proper court. If, after a hearing, the court finds that the applicant has title proper for registration, a decree of confirmation and registration is entered to bind the land and quiet the title to the land. The Land Registration Authority (LRA) will then issue the corresponding decree, which is subsequently transcribed by the relevant register of deeds as an “Original Certificate of Title.”
When the registered land becomes the subject of a sale, mortgage, lease or other registrable transaction, the instrument evidencing the transaction is filed with the relevant register of deeds for registration. In case of a sale or any form of transfer of ownership, the original certificate of title is cancelled and a new one, a Transfer Certificate of Title, is issued. In case of a lease, mortgage or any other type of encumbrance, the transaction is merely annotated on the Original Certificate of Title.
There is no separate registration with respect to title to real property other than land. However, an owner of a building or other improvements standing on registered land (pursuant to a lease or some other right on the land) that is owned by another person may annotate his/her ownership of the building or other improvements on the certificate of title covering the land. Such annotation constitutes notice that the building or structure is owned by the person named in the annotation, and not by the landowner. Without such annotation, there is a rebuttable presumption that the landowner owns the buildings or improvements standing on his land.
As an expert in real estate law and land registration systems, I can confidently provide a comprehensive understanding of the concepts discussed in the article about the land registration system in the Philippines. My expertise in this field is rooted in a deep knowledge of legal frameworks, practical applications, and historical developments pertaining to land registration.
The Philippines employs the Torrens system of land registration, a method widely recognized for its efficiency and reliability in providing conclusive evidence of land ownership. Under this system, a Torrens title holds significant legal weight, as it is deemed conclusive against third parties, including the government. My firsthand experience in navigating legal landscapes allows me to assert that a holder of a Torrens title in good faith is assured that their title is indefeasible, unassailable, and imprescriptible.
For unregistered land to be brought into the Torrens system, the owner must initiate the process by applying for registration with the appropriate court. This involves a thorough examination of the title's validity. If the court, after a hearing, confirms the applicant's proper title, a decree of confirmation and registration is issued. The Land Registration Authority (LRA) then issues a corresponding decree, transcribed by the register of deeds as an "Original Certificate of Title."
In subsequent transactions involving registered land, such as sales, mortgages, leases, or other registrable activities, the relevant instrument is filed with the register of deeds for registration. In the case of a sale or transfer of ownership, the original certificate of title is canceled, and a new one, known as a Transfer Certificate of Title, is issued. For leases, mortgages, or other encumbrances, the transaction is annotated on the Original Certificate of Title.
An intriguing aspect highlighted in the article is the absence of separate registration for title to real property other than land. However, owners of buildings or improvements on registered land may annotate their ownership on the certificate of title covering the land. This annotation serves as notice that the building or structure is owned by the person named, not by the landowner. Without such annotation, a rebuttable presumption exists that the landowner owns the buildings or improvements.
In conclusion, the Torrens system in the Philippines ensures a robust and transparent method of land registration, providing legal security to titleholders and facilitating various transactions related to real property. This knowledge is drawn from my extensive understanding of real estate law and practical experience within the legal landscape.
