torre ns
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TORRENS TITLE
ART. 708. THE REGISTRY OF PROPERTY HAS FOR ITS OBJECT THE
INSCRIPTION OR ANNOTATION OF ACTS AND CONTRACTS RELATING TO THE OWNERSHIP AND OTHER RIGHTS
OVER IMMOVABLE PROPERTY.
THREE SYSTEMS OF REGISTRATION IN THE PHILIPPINES
(A) REGISTRATION UNDER THE LAND
REGISTRATION ACT (TORRENS SYSTEM).
(B) REGISTRATION UNDER THE SPANISH MORTGAGE LAW. R
REGISTRATION UNDER SEC. 194 OF THE REVISED ADMINISTRATIVE CODE, AS AMENDED BY ACT
3344.
Torrens Title is a South Australian invention that revolutionized the
method of recording and registering land ownership. It is a system
where land ownership occurs when the document that transfers
ownership of the property is filed at the local Land Titles Office. The
purpose of the Torrens system is to provide certainty of title to land.
The Torrens Title System was first introduced in SA in 1858 and
subsequently used in other Australian states and around the world.
Torrens Title is named after its inventor, Sir Robert Richard Torrens,
who was instrumental in the implementation of this unique and
efficient system of dealing with land. The system resulted from Sir
Torrens' desire to improve on the old English land law system which
was very complex, time consuming and expensive.
The main purpose of the Torrens System is to avoid possible conflicts of title in and to real estate and to facilitate transactions relative thereto by giving the public the right to rely upon the face of a Torrens Title, and to dispense with the need of inquiring further, except when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.(Revilla v. Galindez, Jan. 31, 1963).].
HOWEVER, THE REAL PURPOSE OF THE SYSTEM IS TO QUIET THE 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)
The main object of the Torrens Title System is
to make the register conclusive. Once your
name is registered on the Torrens Title register,
you become the owner of the property to the
exclusion of all others. You therefore obtain
‘title by registration', which is a pivotal concept
of Torrens Title.
Under the system, a Certificate of Title exists
for every separate piece of land. The certificate
contains a reference that includes a volume
and folio number, ownership details,
easements and/or rights of way affecting the
land and any encumbrances including
mortgages, leases and other interests in the
land.
Torrens Title is useful because it eliminates
grounds for most dispute litigation, avoids the
consequences of lost certificates and greatly
reduces the costs of land sale and transfer.
People can change the Torrens Register
through lodging and registering a ‘dealing'.
Normally, the person who is recorded as the
owner of a parcel of land cannot have their title
challenged or overturned. This concept is
known as 'indefeasibility' of title. There are,
however, a few exceptions to this general rule
such as if the land was registered fraudulently.
Why is a land title important?
Land title is important because it is the only
document that would prove a person’s
ownership over a piece of land.
What information is contained in the certificate of title?
The certificate of title contains the following:
The full name of the owner, including the civil status, and the
name of the spouse if married, the nationality and residence and
postal address;
Technical description of the land; and
Annotations of the transactions made by the owner and other
What document is issued to the registered owner of the
land?
The owner’s duplicate Certificate of Title is issued by the
Register of Deeds in the name of the person in whose
ownership of the land was decreed and this is given to the
registered owner. (Pres. Decree No. 1529, Sec. 41)
In cases of co-ownership, can each co-owner have a copy of the duplicate certificate of title?
Yes. A separate duplicate certificate of title may be
issued to each of the co-owner in the same form. The
Register of Deeds shall note on each certificate of title
a statement as to whom a copy was issued. (Pres.
Decree No. 1529, Sec. 41)
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
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
governingprinciples 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.
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