Philippine Property Registration Laws

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14 Questions

What is the main purpose of Presidential Decree No. 1529?

To strengthen the Torrens system and update the Land Registration Act

What is the title of this Decree?

The PROPERTY REGISTRATION DECREE

What is the nature of registration proceedings in the Philippines?

In rem

What is the deadline for the court to furnish the Land Registration Commission with certified copies of pleadings, exhibits, orders, and decisions?

Five days from the filing or issuance thereof

What is the purpose of adopting safeguards to prevent anomalous titling of real property?

To strengthen the Torrens system

What is the jurisdiction of Courts of First Instance in relation to registration of lands?

Exclusive jurisdiction over all applications for original registration of title

What is the status of the system of registration under the Spanish Mortgage Law?

It is hereby discontinued and all lands recorded under said system are considered as unregistered lands

What is the basis of judicial proceedings for the registration of lands in the Philippines?

The generally accepted principles underlying the Torrens system

What is the provision that allows the recording of instruments affecting lands originally registered under the Spanish Mortgage Law?

Section 113 of this Decree

What is the purpose of creating the Land Registration Commission?

To have a more efficient execution of the laws relative to the registration of lands

What is the purpose of streamlining and simplifying registration proceedings and the issuance of certificates of title?

To facilitate effective implementation of the property registration laws

Who has the executive supervision of the Land Registration Commission?

The Department of Justice

What is the significance of Presidential Decree No. 27 in relation to the property registration laws?

It forms an integral part of the property registration laws

What is the status of the books of registration for unregistered lands?

They shall continue to remain in force

Study Notes

Presidential Decree No. 1529

  • Decree aims to update the Land Registration Act and codify laws related to property registration to facilitate effective implementation
  • Safeguards are adopted to prevent anomalous titling of real property and streamline registration proceedings and issuance of certificates of title

General Provisions

  • This decree is known as the PROPERTY REGISTRATION DECREE
  • Judicial proceedings for land registration are in rem and based on the Torrens system
  • Courts of First Instance have exclusive jurisdiction over applications for original registration of title to lands and petitions filed after original registration
  • The court clerk shall furnish the Land Registration Commission with certified copies of pleadings, exhibits, orders, and decisions

Status of Other Pre-Existing Land Registration Systems

  • The system of registration under the Spanish Mortgage Law is discontinued
  • Lands recorded under the Spanish Mortgage Law system which are not yet covered by Torrens title are considered unregistered lands
  • Instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded until the land is brought under the Torrens system
  • Books of registration for unregistered lands continue to remain in force, but instruments shall be registered under Section 113 of this Decree

The Land Registration Commission and Its Registries of Deeds

  • The Land Registration Commission is created to execute laws related to land registration efficiently
  • The Commission is under the executive supervision of the Department of Justice
  • The Commission has a Commissioner and Deputy Commissioner, appointed by the President, with qualifications and ranks similar to a Judge of the Court of First Instance

This quiz covers the Presidential Decree No. 1529, which amends and codifies the laws relative to registration of property in the Philippines. It aims to facilitate effective implementation of said laws and strengthen the Torrens system.

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