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.