Questions and Answers Regarding Real Estate Law in the Philippines

DO YOU KNOW WHAT THE PROPERTY REGISTRATION DECREE IS AND HOW IT AFFECTS YOUR REAL ESTATE TRANSACTIONS?


The Property Registration Decree is the law that establishes the system of registration of title over private land, as well as any interest in registered land that is less than ownership, such as mortgages and leases.

The Property Registration Decree aims to provide a simple, uniform, and inexpensive method of registering land titles, based on the generally accepted principles underlying the Torrens system. The Torrens system is a system of land registration that guarantees the indefeasibility and security of land titles, subject to certain exceptions.

According to the Property Registration Decree, any person who claims to have a legal or equitable interest in a parcel of land may apply for the registration of his or her title before the proper court. The court will then conduct a judicial proceeding that is in rem, meaning that it binds the whole world and not only the parties involved. The court will issue a decree of registration that will be the basis for the issuance of an original certificate of title by the Land Registration Authority.

The Property Registration Decree also provides for the procedure for subsequent registration of any transaction affecting registered land, such as sale, donation, mortgage, lease, or inheritance. The owner or interested party must present the proper documents to the Register of Deeds, who will then annotate them on the certificate of title and issue a new one if necessary.

The Property Registration Decree has been recently amended by Republic Act No. 11573, which aims to improve the confirmation process for imperfect land titles. Imperfect land titles are those that are not registered under the Torrens system but are based on other sources of rights, such as possession, occupation, or public land grants. Republic Act No. 11573 simplifies and streamlines the requirements and procedures for judicial confirmation of imperfect titles, making it easier and faster for landowners to secure their titles.

If you want to learn more about the Property Registration Decree and its amendments, you can check out these sources:

¹ P.D. No. 1529 - The Lawphil Project

² Republic Act No. 11573 | Official Gazette of the Republic of the Philippines

³ Republic Act No. 11573 - The Lawphil Project