Article 2270Order of Preference of Credits

The following laws and regulations are

hereby repealed:

(1) Those parts and provisions of the Civil Code of 1889

which are in force on the date when this new Civil Code

becomes effective:

(2) The provisions of the Code of Commerce governing

sales, partnership, agency, loan, deposit and guaranty;

(3) The provisions of the Code of Civil Procedure on

prescription as far as inconsistent with this Code; and

(4) All laws, Acts, parts of Acts, rules of court, executive

orders, and administrative regulations which are

inconsistent with this Code. (n)

Approved: June 18, 1949.

PD No 1083 | Code of Muslim

Personal Laws of the

Philippines

February 4, 1977

A DECREE TO ORDAIN AND PROMULGATE A CODE

RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM

LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND

PROVIDING FOR ITS ADMINISTRATION AND FOR

OTHER PURPOSES

WHEREAS, pursuant to the spirit of the provision of the

Constitution of the Philippines that, in order to promote

the advancement and effective participation of the

National Cultural Communities in the building of the New

Society, the State shall consider their customs, traditions,

beliefs and interests in the formulation and

implementation of its policies;

WHEREAS, Islamic law and its principles of equity and

justice, to which the Filipino Muslim communities adhere,

provide an essential basis for the fuller development of

said communities in relation to the search for

harmonious relations of all segments of the Filipino

nation to enhance national unity;

WHEREAS, the enforcement, with the full sanction of the

State, of the legal system of the Filipino Muslims shall

152 of 186

redound to the attainment of a more ordered life

amongst them;

WHEREAS, it is the intense desire of the New Society to

strengthen all the ethno-linguistic communities in the

Philippines within the context of their respective ways of

life in order to bring about a cumulative result satisfying

the requirements of national solidarity and social justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Republic of the Philippines, by virtue of the powers

vested in me by the Constitution of the Philippines, do

hereby ordain and promulgate the "Code of Muslim

Personal Laws of the Philippines" as part of the law of the

land and hereby decree:

BOOK ONE G eneral Provisions

TITLE I T itle and Purposes of Code

ARTICLE 1. Title. — This decree shall be known as the

"Code of Muslim Personal Laws of the Philippines."

ARTICLE 2. Purpose of Code. — Pursuant to Section 11 of

Article XV of the Constitution of the Philippines, which

provides that "The State shall consider the customs,

traditions, beliefs and interests of national cultural

communities in the formulation and implementation of

state policies," this Code:

(a) Recognizes the legal system of the Muslims in the

Philippines as part of the law of the land and seeks to

make Islamic institutions more effective;

(b) Codifies Muslim personal laws; and

(c) Provides for an effective administration and

enforcement of Muslim personal laws among Muslims.

TITLE II C onstruction of Code and Definition of Terms

ARTICLE 3. Conflict of provisions. — (1) In case of conflict

between any provision of this Code and laws of general

application, the former shall prevail.

(2) Should the conflict be between any provision of this

Code and special laws or laws of local application, the

latter shall be liberally construed in order to carry out the

former.

(3) The provisions of this Code shall be applicable only to

Muslims and nothing herein shall be construed to

operate to the prejudice of a non-Muslim.

ARTICLE 4. Construction and interpretation. — (1) In the

construction and interpretation of this Code and other

Muslim laws, the court shall take into consideration the

primary sources of Muslim law.

(2) Standard treatises and works on Muslim law and

jurisprudence shall be given persuasive weight in the

interpretation of Muslim law.

ARTICLE 5. Proof of Muslim law and 'äda. — Muslim law

and 'äda not embodied in this Code shall be proven in

evidence as a fact. No 'äda which is contrary to the

Constitution of the Philippines, this Code, Muslim law,

public order, public policy or public interest shall be given

any legal effect.

ARTICLE 6. Conflict in Islamic schools of law. — (1)

Should there be any conflict among the orthodox (S unni)

Muslim schools of law (M adhähib) , that which is in

consonance with the Constitution of the Philippines, this

Code, public order, public policy and public interest shall

be given effect.

(2) The Muslim schools of law shall, for purposes of this

Code, be the Hanfi, the Hanbali, the Maliki and the Shafi'i.

ARTICLE 7. Definition of terms. — Unless the context

otherwise provides:

(a) "Agama Arbitration Council" means a body composed

of the Chairman and a representative of each of the

parties to constitute a council to take all necessary steps

for resolving conflicts between them.

(b) "Ada" m eans customary law.

(c) "General Register" means the General Register of

marriages, divorces, revocation of divorces, conversion

and such other deeds or instruments kept by the

Registrar under this Code.

(d) "Ihram" signifies the state of ritual consecration of a

person while on pilgrimage to Mecca.

(e) "Madhhab" (plural, Madhähib) means any of the four

orthodox (S unni) schools of Muslim law.

(f) "Month" means a period of thirty days.

(g) "Muslim" is a person who testifies to the oneness of

God and the Prophethood of Muhammad and professes

Islam.

(h) "Muslim Law" (S hari'a) refers to all the ordinances and

regulations governing Muslims as found principally in the

Qur'an and the H adith.

(i) "Muslim Personal Law" includes all laws relating to

personal status, marriage and divorce, matrimonial and

family relations, succession and inheritance, and property

relations between spouses as provided for in this Code.

BOOK TWO Persons and Family Relations

TITLE I C ivil Personality (Shakhsiyah Madaniya)

ARTICLE 8. Legal capacity. — Juridical capacity, which is

the fitness to be the subject of legal relations, is inherent

in every natural person and is lost only through death.

Capacity to act, which is the power to do acts with legal

effect, is acquired and may be lost.

ARTICLE 9. Restrictions on capacity. — The following

circumstances, among others, modify or limit capacity to

act: age, insanity, imbecility, the state ofbeing deaf-mute,

the condition of death-illness (m arad-ul-maut) , penalty,

prodigality, absence, family relations, alienage, insolvency,

and trusteeship. The consequences of these

circumstances are governed by this Code and other

Islamic laws and, in a suppletory manner, by other laws.

ARTICLE 10. Personality, how acquired. — Birth

determines personality; but the conceived child shall be

considered born for all purposes that are favorable to it,

provided it be born alive, however, briefly, at the time it is

completely delivered from the mother's womb.

ARTICLE 11. Extinction of personality. — (1) Civil

personality is extinguished by death. The effect of death

upon the rights and obligations of a deceased person is

determined by this Code, by contract, and by will.

(2) After an absence of seven years, it being unknown

whether or not the absentee still lives, he shall be

presumed dead.

ARTICLE 12. Simultaneous death. — If, as between two

or more persons who are called to succeed each other,

there is a doubt as to which of them died first, whoever

alleges the death of one prior to the other shall prove the

same; in the absence of such proof, it is presumed that

they died at the same time and there shall be no

transmission of rights from one to the other. However,

the successional rights of their respective heirs shall not

be affected.

TITLE II M arriage and Divorce

CHAPTER I A pplicability Clause

ARTICLE 13. Application. — (1) The provisions of this Title

shall apply to marriage and divorce wherein both parties

are Muslims, or wherein only the male party is a Muslim

and the marriage is solemnized in accordance with

Muslim law or this Code in any part of the Philippines.

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(2) In case of marriage between a Muslim and a

non-Muslim, solemnized not in accordance with Muslim

law or this Code, the Civil Code of the Philippines shall

apply.

(3) Subject to the provisions of the preceding paragraphs,

the essential requisites and legal impediments to

marriage, divorce, paternity and filiation, guardianship

and custody of minors, support and maintenance, claims

for customary dower (m ahr) , betrothal, breach of contract

to marry, solemnization and registration of marriage and

divorce, rights and obligations between husband and

wife, parental authority, and the property relations

between husband and wife shall be governed by this

Code and other applicable Muslim laws.

CHAPTER II M arriage ( Nikah)

SECTION 1. R equisites of Marriage. —

ARTICLE 14. Nature. — Marriage is not only a civil

contract but a social institution. Its nature, consequences

and incidents are governed by this Code and the Shari'a

and not subject to stipulation, except that the marriage

settlements may to a certain extent fix the property

relations of the spouses.

ARTICLE 15. Essential requisites. — No marriage contract

shall be perfected unless the following essential

requisites are complied with:

(a) Legal capacity of the contracting parties;

(b) Mutual consent of the parties freely given;

(c) Offer (i jab) and acceptance (q abul) duly witnessed by

at least two competent persons after the proper guardian

in marriage (w ali) has given his consent; and

(d) Stipulation of customary dower (m ahr) duly

witnessed by two competent persons.

ARTICLE 16. Capacity to contract marriage. — (1) Any

Muslim male at least fifteen years of age and any Muslim

female of the age of puberty or upwards and not

suffering from any impediment under the provisions of

this Code may contract marriage. A female is presumed

to have attained puberty upon reaching the age of

fifteen.

(2) However, the Shari'a District Court may, upon petition

of a proper wali, order the solemnization of the marriage

of a female who though less than fifteen but not below

twelve years of age, has attained puberty.

(3) Marriage through a wali by a minor below the

prescribed ages shall be regarded as betrothal and may

be annulled upon the petition of either party within four

years after attaining the age of puberty, provided no

voluntary cohabitation has taken place and the wali who

contracted the marriage was other than the father or

paternal grandfather.

ARTICLE 17. Marriage ceremony. — No particular form of

marriage ceremony is required but the ijab and the gabul

in marriage shall be declared publicly in the presence of

the person solemnizing the marriage and two competent

witnesses. This declaration shall be set forth in an

instrument in triplicate, signed or marked by the

contracting parties and said witnesses, and attested by

the person solemnizing the marriage. One copy shall be

given to the contracting parties and another sent to the

Circuit Registrar by the solemnizing officer who shall

keep the third.

ARTICLE 18. Authority to solemnize marriage. —

Marriage may be solemnized:

(a) By the proper w ali of the woman to be wedded;

(b) Upon authority of the proper wali, by any person who

is competent under Muslim law to solemnize marriage; or

(c) By the judge of the Shari'a District Court of Shari'a

Circuit Court or any person designated by the judge,

should the proper wali refuse without justifiable reason,

to authorize the solemnization.

ARTICLE 19. Place of solemnization. — Marriage shall be

solemnized publicly in any mosque, office of the Shari'a

judge, office of the District or Circuit Registrar, residence

of the bride or her wali, or at any other suitable place

agreed upon by the parties.

ARTICLE 20. Specification of dower. — The amount or

value of dower may be fixed by the contracting parties

(m ahr-musamma) before, during, or after the celebration

of the marriage. If the amount or the value thereof has

not been so fixed, a proper dower (m ahr-mithl) shall,

upon petition of the wife, be determined by the court

according to the social standing of the parties.

ARTICLE 21. Payment of dower. — Subject to the

stipulation of the parties, the dower may be fully or

partially paid before, during, or after the marriage. The

property or estate of the husband shall be liable for the

unpaid dower, or any part thereof.

ARTICLE 22. Breach of contract. — Any person who has

entered into a contract to marry but subsequently refuses

without reasonable ground to marry the other party who

is willing to perform the same shall pay the latter the

expenses incurred for the preparation of the marriage

and such damages as may be granted by the court.

SECTION 2. P rohibited Marriages. —

ARTICLE 23. Bases of prohibition. — No marriage may

be contracted by parties within the prohibited degrees:

(a) Of consanguinity;

(b) Of affinity; and

(c) Of fosterage.

ARTICLE 24. Prohibition by consanguinity

(t ahrimjbin-nasab) . — No marriage shall be contracted

between:

(a) Ascendants and descendants of any degree;

(b) Brothers and sisters, whether germane, consanguine

or uterine; and

(c) Brothers or sisters and their descendants within the

third civil degree.

ARTICLE 25. Prohibition by affinity

(t ahrim-bill-musahara) . — (1) No marriage shall be

contracted between:

(a) Any of the spouses and their respective affinal

relatives in the ascending line and in the collateral line

within the third degree;

(b) Stepfather and stepdaughter when the marriage

between the former and the mother of the latter has

been consummated;

(c) Stepmother and stepson when the marriage between

the former and the father of the latter has been

consummated; and

(d) Stepson or stepdaughter and the widow, widower or

divorcee of their respective ascendants.

(2) The prohibition under this article applies even after

the dissolution of the marriage creating the affinal

relationship.

ARTICLE 26. Prohibition due to fosterage

(t ahrim-bir-rada'a) . — (1) No person may validly contract

marriage with any woman who breastfed him for at least

five times within two years after his birth.

(2) The prohibition on marriage by reason of

consanguinity shall likewise apply to persons related by

fosterage within the same degrees, subject to exception

recognized by Muslim law.

SECTION 3. S ubsequent Marriages. —

ARTICLE 27. By a husband. — Notwithstanding the rule

of Islamic law permitting a Muslim to have more than one

wife but not more than four at a time, no Muslim male

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can have more than one wife unless he can deal with

them with equal companionship and just treatment as

enjoined by Islamic law and only in exceptional cases.

ARTICLE 28. By widow. — No widow shall contract a

subsequent marriage unless she has observed an 'idda of

four months and ten days counted from the date of the

death of her husband. If at that time the widow is

pregnant, she may remarry within a reasonable time after

delivery. In such case, she shall produce the

corresponding death certificate.

ARTICLE 29. By divorcee. — (1) No woman shall contract

a subsequent marriage unless she has observed an 'idda

of three monthly courses counted from the date of

divorce. However, if she is pregnant at the time of the

divorce, she may remarry only after delivery.

(2) Should a repudiated woman and her husband

reconcile during her 'idda, he shall have a better right to

take her back without need of a new marriage contract.

(3) Where it is indubitable that the marriage has not

been consummated when the divorce was affected, no

'idda shall be required.

ARTICLE 30. Marriage after three talaq. — (1) Where a

wife has been thrice repudiated (t alaq bain lubra) on

three different occasions by her husband, he cannot

remarry her unless she shall have married another person

who divorces her after consummation of the intervening

marriage and the expiration of the ' idda.

(2) No solemnizing officer shall perform the subsequent

marriage mentioned in the preceding paragraph unless

he has ascertained that there was no collusion among

the parties.

SECTION 4. B atil and Fasi Marriages. —

ARTICLE 31. Batil marriages. — The following marriages

shall be void (b atil) from the beginning:

(a) Those contracted contrary to Articles 23, 24, 25 and 26;

(b) Those contracted in contravention of the prohibition

against unlawful conjunction; and

(c) Those contracted by parties one or both of whom

have been found guilty of having killed the spouse of

either of them.

ARTICLE 32. Fasid marriages. — The following marriages

shall be irregular (f asid) from their performance:

(a) Those contracted with a female observing ' idda;

(b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated

by violence, intimidation, fraud, deceit or

misrepresentation;

(d) Those contracted by a party in a condition of

death-illness (m arad-ul-mault) without the same being

consummated;

(e) Those contracted by a party in a state of i hram; and

(f) Mixed marriages not allowed under Islamic law.

ARTICLE 33. Validation of irregular marriages. — (1)

Irregular marriages may be made regular by a new

marriage contract in the following cases:

(a) Those referred to in Article 32(a), after the impediment

has been removed;

(b) Those referred to in Article 32(b), upon compliance

with the requirement of Article 30;

(c) Those referred to in Article 32(c), after the causes

vitiating consent have ceased;

(d) Those referred to in Article 32(d), in case the party

recovers;

(e) Those referred to in Article 32(e), when the party is no

longer in a state of i hram; and

(f) Those referred to in Article 32(f), after conversion to a

faith that could have made the marriage valid.

(2) The effects of the new marriage under the first

paragraph shall retroact to the date of the celebration of

the irregular marriage.

SECTION 5. R ights and Obligations Between Spouses. —

ARTICLE 34. Mutual rights and obligations. — (1) The

husband and the wife are obliged to live together,

observe mutual respect and fidelity, and render mutual

help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to

the conjugal union or brings danger, dishonor or material

injury upon the other, the injured party may petition the

court for relief. The court may counsel the offender to

comply with his or her duties, and take such measures as

may be proper.

(3) The husband and the wife shall inherit from each

other in accordance with this Code.

(4) The husband and the wife shall have the right to

divorce in accordance with this Code.

ARTICLE 35. Rights and obligations of the husband. —

The husband shall fix the residence of the family. The

court may exempt the wife from living with her husband

on any of the following grounds:

(a) Her dower is not satisfied in accordance with the

stipulations; or

(b) The conjugal dwelling is not in keeping with her social

standing or is, for any reason, not safe for the members of

the family or her property.

ARTICLE 36. Rights and obligations of the wife. — (1)

The wife shall dutifully manage the affairs of the

household. She may purchase things necessary for the

maintenance of the family, and the husband shall be

bound to reimburse the expenses, if he has not delivered

the proper sum.

(2) The wife cannot, without the husband's consent,

acquire any property by gratuitous title, except from her

relatives who are within the prohibited degrees in

marriage.

(3) The wife may, with her husband's consent, exercise

any profession or occupation or engage in lawful business

which is in keeping with Islamic modesty and virtue.

However, if the husband refuses to give his consent on

the ground that his income is sufficient for the family

according to its social standing or his opposition is based

on serious and valid grounds, the matter shall be referred

to the A gama Arbitration Council.

(4) The wife shall have the right to demand the

satisfaction of her m ahr.

(5) Unless otherwise stipulated in the marriage

settlements, the wife retain ownership and

administration of her exclusive property.

(6) The wife shall be entitled to an equal and just

treatment by the husband.

SECTION 6. P roperty Relations Between Spouses. —

ARTICLE 37. How governed. — The property relations

between husband and wife shall be governed in the

following order:

(a) By contract before or at the time of the celebration of

marriage;

(b) By the provisions of this Code; and

(c) By custom.

ARTICLE 38. Regime of property relations. — The

property relations between the spouses, in the absence of

any stipulation to the contrary in the marriage

settlements or any other contract, shall be governed by

the regime of complete separation of property in

accordance with this Code and, in a suppletory manner,

by the general principles of Islamic law and the Civil Code

of the Philippines.

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ARTICLE 39. Stipulation in the marriage settlements. —

Every stipulation in the marriage settlements or contract

referred to in the preceding article shall be void and

without effect whatsoever, should the marriage not take

place. However, stipulations that do not depend upon the

contract of marriage shall be valid.

ARTICLE 40. Ante-nuptial property. — The wife shall not

lose ownership and administration of all properties

brought by her to the marriage in the absence of any

written agreement to the contrary, and she may dispose

of the same by deed or otherwise even without the

consent of her husband.

ARTICLE 41. Exclusive property of each spouse. — The

following shall be the exclusive property of either spouse:

(a) Properties brought to the marriage by the husband or

the wife;

(b) All income derived by either spouse from any

employment, occupation or trade;

(c) Any money or property acquired by either spouse

during marriage by lucrative title;

(d) The dower (m ahr) of the wife and nuptial gifts to each

spouse;

(e) Properties acquired by right of redemption, purchase

or exchange of the exclusive property of either; and

(f) All fruits of properties in the foregoing paragraphs.

ARTICLE 42. Ownership and administration. — Each

spouse shall own, possess, administer, enjoy and dispose

of his or her own exclusive estate even without the

consent of the other. However, the court may, upon

petition of either spouse, grant to the other the

administration of such property.

ARTICLE 43. Household property. — Household property

which customarily pertains to or is used by either spouse

shall be prima facie presumed to be the property of said

spouse.

ARTICLE 44. Right to sue and be sued. — The wife may,

independently of the husband, sue or be sued in the

following cases:

(a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property;

(c) If the litigation is incidental to her profession,

occupation or business;

(d) If the litigation concerns the exclusive property of the

husband, the administration of which has been

transferred to her; or

(e) Such other appropriate cases as may be followed by

the general principles of Islamic law and other laws.

CHAPTER III D ivorce (Talaq)

SECTION 1. N ature and Form. —

ARTICLE 45. Definition and forms. — Divorce is the

formal dissolution of the marriage bond in accordance

with this Code to be granted only after the exhaustion of

all possible means of reconciliation between the spouses.

It may be effected by:

(a) Repudiation of the wife by the husband (t alaq) ;

(b) Vow of continence by the husband (i la) ;

(c) Injurious assimilation of the wife by the husband

(z ihar) ;

(d) Acts of imprecation (l i'an) ;

(e) Redemption by the wife (k hul') ;

(f) Exercise by the wife of the delegated right to

repudiate (t afwld) ; or

(g) Judicial decree (f askh) .

ARTICLE 46. Divorce by talaq. — (1) A divorce by talaq

may be effected by the husband in a single repudiation of

his wife during her non-menstrual period (t uhr) within

which he has totally abstained from carnal relation with

her. Any number of repudiations made during one tuhr

shall constitute only one repudiation and shall become

irrevocable after the expiration of the prescribed ' idda.

(2) A husband who repudiates his wife, either for the first

or second time, shall have the right to take her back (r uju)

within the prescribed 'idda by resumption of cohabitation

without need of a new contract of marriage. Should he

fail to do so, the repudiation shall become irrevocable

(T alaq bain sugra) .

ARTICLE 47. Divorce by Ila. — Where a husband makes a

vow to abstain from any carnal relations (i la) with his wife

and keeps such ila for a period of not less than four

months, she may be granted a decree of divorce by the

court after due notice and hearing.

ARTICLE 48. Divorce by zihar. — Where the husband has

injuriously assimilated (z ihar) his wife to any of his

relatives within the prohibited degrees ofmarriage, they

shall mutually refrain from having carnal relation until he

shall have performed the prescribed expiation. The wife

may ask the court to require her husband to perform the

expiation or to pronounce a regular talaq should he fail or

refuse to do so, without prejudice to her right of seeking

other appropriate remedies.

ARTICLE 49. Divorce by li' a n. — Where the husband

accuses his wife in court of adultery, a decree of perpetual

divorce may be granted by the court after due hearing

and after the parties shall have performed the prescribed

acts of imprecation (l i'an) .

ARTICLE 50. Divorce by khul'. — The wife may, after

having offered to return or renounce her dower or to pay

any other lawful consideration for her release (k hul') from

the marriage bond, petition the court for divorce. The

court shall, in meritorious cases and after fixing the

consideration, issue the corresponding decree.

ARTICLE 51. Divorce by tafwid. — If the husband has

delegated (t afwid) to the wife the right to effect a talaq at

the time of the celebration of the marriage or thereafter,

she may repudiate the marriage and the repudiation

would have the same effect as if it were pronounced by

the husband himself.

ARTICLE 52. Divorce by faskh. — The court may, upon

petition of the wife, decree a divorce by faskh on any of

the following grounds :

(a) Neglect or failure of the husband to provide support

for the family for at least six consecutive months;

(b) Conviction of the husband by final judgment

sentencing him to imprisonment for at least one year;

(c) Failure of the husband to perform for six months

without reasonable cause his marital obligation in

accordance with this code;

(d) Impotency of the husband;

(e) Insanity or affliction of the husband with an incurable

disease which would make the continuance of the

marriage relationship injurious to the family;

(f) Unusual cruelty of the husband as defined under the

next succeeding article; or

(g) Any other cause recognized under Muslim law for the

dissolution of marriage by faskh either at the instance of

the wife or the proper w ali.

ARTICLE 53. Faskh on the ground of unusual cruelty. —

A decree of faskh on the ground of unusual cruelty may

be granted by the court upon petition of the wife if the

husband:

(a) Habitually assaults her or makes her life miserable by

cruel conduct even if this does not result in physical

injury;

(b) Associates with persons of ill-repute or leads an

infamous life or attempts to force the wife to live an

immoral life;

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(c) Compels her to dispose of her exclusive property or

prevents her from exercising her legal rights over it;

(d) Obstructs her in the observance of her religious

practices; or

(e) Does not treat her justly and equitably as enjoined by

Islamic law.

ARTICLE 54. Effects of irrevocable talaq or faskh. — A

talaq or faskh, as soon as it becomes irrevocable, shall

have the following effects:

(a) The marriage bond shall be severed and the spouses

may contract another marriage in accordance with this

Code;

(b) The spouses shall lose their mutual rights of

inheritance;

(c) The custody of children shall be determined in

accordance with Article 78 of this code;

(d) The wife shall be entitled to recover from the husband

her whole dower in case the talaq has been affected after

the consummation of the marriage, or one-half thereof if

effected before its consummation;

(e) The husband shall not be discharged from his

obligation to give support in accordance with Article 67;

and

(f) The conjugal partnership, if stipulated in the marriage

settlements, shall be dissolved and liquidated.

ARTICLE 55. Effects of other kinds of divorce. — The

provisions of the article immediately preceding shall

apply to the dissolution, of marriage by ila, zihar, li'an and

khul', subject to the effects of compliance with the

requirements of the Islamic law relative to such divorces.

SECTION 2. ' Idda. —

ARTICLE 56. 'Idda defined. — 'Idda is the period of

waiting prescribed for a woman whose marriage has

been dissolved by death or by divorce the completion of

which shall enable her to contract a new marriage.

ARTICLE 57. Period. — (1) Every wife shall be obliged to

observe ' idda a s follows:

(a) In case of dissolution of marriage by death, four

months and ten days counted from the death of her

husband;

(b) In case of termination of marriage by divorce, for

three monthly courses; or

(c) In case of a pregnant woman, for a period extending

until her delivery.

(2) Should the husband die while the wife is observing

'idda for divorce, another 'idda for death shall be

observed in accordance with paragraph 1(a).

TITLE III P aternity and Filiation

ARTICLE 58. Legitimacy, how established. — Legitimacy

of filiation is established by evidence of valid marriage

between the father and the mother at the time of the

conception of the child.

ARTICLE 59. Legitimate children. — (1) Children

conceived in lawful wedlock shall be presumed to be

legitimate. Whoever claims illegitimacy of or impugns

such filiation must prove his allegation.

(2) Children born after six months following the

consummation of marriage or with two years after the

dissolution of the marriage shall be presumed to be

legitimate. Against this presumption no evidence shall be

admitted other than that of the physical impossibility of

access between the parents at or about the time of the

conception of the child.

ARTICLE 60. Children of subsequent marriage. —

Should the marriage be dissolved and the wife contracts

another marriage after the expiration of her' idda, the

child born within six months from the dissolution of the

prior marriage shall be presumed to have been conceived

during the former marriage, and if born thereafter, during

the latter.

ARTICLE 61. Pregnancy after dissolution. — If, after the

dissolution of marriage, the wife believes that she is

pregnant by her former husband, she shall, within thirty

days from the time she became aware of her pregnancy,

notify the former husband or his heirs of that fact. The

husband or his heirs may ask the court to take measures

to prevent a simulation of birth.

ARTICLE 62. Rights of legitimate child. — A legitimate

child shall have the right:

(a) To bear the surnames of the father and of the mother;

(b) To receive support from the father or, in his default,

from his heirs in accordance with Articles 65 and 68; and

(c) To share in the legitimate (f urud) and other

successional rights which this Code recognizes in his

favor.

ARTICLE 63. Acknowledgment by father. —

Acknowledgment (i gra) of a child by the father shall

establish paternity and confer upon each the right to

inherit from the other exclusively in accordance with

Article 94, provided the following conditions are complied

with:

(a) The acknowledgment is manifested by the father's

acceptance in public that he is the father of the child who

does not impugn it; and

(b) The relations does not appear impossible by reason of

disparity in age.

ARTICLE 64. Adoption. — No adoption in any form shall

confer upon any person the status and rights of a

legitimate child under Muslim law, except that said

person may receive a gift (h iba) .

TITLE IV S upport (Nafaqa)

ARTICLE 65. Support defined. — Support (nafaqa)

includes everything that is indispensable for sustenance,

dwelling, clothing and medical attendance according to

the social standing of the person obliged to give it, and

the education of the person entitled to the support until

he completes his education, training, or vocation even

beyond the age of majority.

ARTICLE 66. Amount. — The amount of support shall be

in proportion to the resources of the giver and to the

needs of the recipient.

ARTICLE 67. Support for wife and infant. — (1) The wife

shall be entitled to support during the marriage. In cases

of divorce, (t alaq) , her right shall be extended up to the

expiration of the 'idda. However, in case the wife is

pregnant at the time of the separation, she shall be

entitled to support until delivery.

(2) Any divorced nursing mother who continues to

breastfeed her child for two years shall be entitled to

support until the time of weaning.

ARTICLE 68. Support between ascendants and

descendants. — The ascendants and descendants shall

be obliged to support each other in the order in which

they are called to succeed by intestacy the person who

has a right to claim support.

ARTICLE 69. Payment. — (1) The obligation to support

shall be demandable from the time the recipient needs it

for maintenance, but it shall not be paid except from the

date it is extrajudicially demanded.

(2) Payment shall be made daily, weekly or monthly in

advance, and when the recipient dies, his heirs shall not

be obliged to return what he had received in advance.

(3) If the recipient is the wife, the rule established in the

foregoing paragraph shall apply even though the

marriage is dissolved.

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ARTICLE 70. Extinguishment of support. — The

obligation to support shall cease:

(a) Upon the death of the recipient;

(b) When the resources of the obligor have been so

reduced that he cannot give the support without

neglecting his own need and those of his family, except

that in the case of the spouses, the husband, though

needy, is obliged to support the wife; or

(c) When the recipient commits any act which would

give rise to disqualification to inherit or denial of support

under Muslim law.

TITLE V P arental Authority

CHAPTER I N ature and Effects

ARTICLE 71. Who exercises. — (1) The father and the

mother shall jointly exercise just and reasonable parental

authority and fulfill their responsibility over their

legitimate and acknowledged children. In case of

disagreement, the father's decision shall prevail unless

there is a judicial order to the contrary.

(2) The mother shall exercise parental authority over her

children born out of wedlock, but the court may, when

the best interests of the children so require, appoint a

general guardian.

ARTICLE 72. Duty to parents. — (1) Children shall respect,

revere, and obey their parents always unless the latter

cast them into disbelief.

(2) Grandparents are likewise entitled to respect and

reverence, and shall be consulted whenever practicable

by all members of the family on all important questions.

ARTICLE 73. Duty to children. — Every parent and every

person exercising parental authority shall see to it that

the rights of the children are respected, and their duties

complied with, and shall particularly by precept and

example, imbue them with religious and civic

attachment to the ideal of permanent world peace.

ARTICLE 74. Effects upon person of children. — The

parents have, with respect to their unemancipated

children:

(a) The duty to support them, have them in their

company, educate and instruct them in keeping with

their means and represent them in all actions which shall

redound to their benefits; and

(b) The power to correct, discipline, and punish them

moderately.

ARTICLE 75. Effects upon property of children. — (1) The

father, or in his absence the mother, shall be the legal

administrator of the property of the child under parental

authority. If the property is worth more than five

thousand pesos, the father or the mother shall give a

bond to be approved by the court.

(2) The court may appoint a guardian (w asi) in the

absence of one who is natural or testamentary.

ARTICLE 76. Parental authority non-transferable. —

Parental authority can neither be renounced nor

transferred except as otherwise provided in this Code and

the general principles of Islamic law.

ARTICLE 77. Extinguishment of parental authority. — (1)

Parental authority terminates upon the death of the

parents or the child, or upon emancipation.

(2) Subject to Article 78, the widowed mother who

contracts a subsequent marriage shall lose parental

authority and custody over all children by the deceased

husband, unless the second husband is related to them

within the prohibited degrees of consanguinity.

(3) The court may deprive a person of parental authority

or suspend the exercise thereof if he treats his children

with excessive harshness, gives then corrupting or

immoral orders and counsel, or abandons them.

CHAPTER II C ustody and Guardianship

ARTICLE 78. Care and custody. — (1) The care and

custody of children below seven years of age whose

parents are divorced shall belong to the mother or, in her

absence, to the maternal grandmother, the paternal

grandmother, the sister and aunts. In their default, it shall

devolve upon the father and the nearest paternal

relatives. The minor above seven years of age but below

the age of puberty may choose the parent with whom he

wants to stay.

(2) The unmarried daughter who has reached the age of

puberty shall stay with the father; the son, under the

same circumstances, shall stay with the mother.

ARTICLE 79. Guardian for marriage (w ali) . — The

following persons shall have authority to act as guardian

for marriage (w ali) in the order of precedence:

(a) Father

(b) Paternal grandfather;

(c) Brother and other paternal relatives;

(d) Paternal grandfather's executor or nominee; or

(e) The court.

ARTICLE 80. Guardian of minor's property. — The

following persons shall exercise guardianship over the

property of minors in the order of precedence:

(a) Father;

(b) Father's executor or nominee;

(c) Paternal grandfather;

(d) Paternal grandfather's nominee; or

(e) The court.

TITLE VI C ivil Registry

CHAPTER I R egistry of Marriage, Divorce and Conversions

ARTICLE 81. District Registrar. — The Clerk of Court of

the Shari'a District Court shall, in addition to his regular

functions, act as District Registrar of Muslim Marriages,

Divorces, Revocations of Divorces, and Conversions within

the territorial jurisdiction of said court. The Clerk of Court

of the Shari'a Circuit Court shall act as Circuit Registrar of

Muslim Marriages, Divorces, Revocations of Divorces, and

Conversions within his jurisdiction.

ARTICLE 82. Duties of District Registrar. — Every District

Registrar shall exercise supervision over Circuit Registrars

in every Shari'a District. He shall, in addition to an entry

book, keep and bind copies of certificates of Marriage,

Divorce, Revocation of Divorce, and Conversion sent to

him by the Circuit Registrars in separate general registers.

He shall send copies in accordance with Act No. 3753, as

amended, to the office of the Civil Registrar-General.

ARTICLE 83. Duties of Circuit Registrar. — Every Circuit

Registrar shall:

(a) File every certificate of marriage (which shall specify

the nature and amount of the dower agreed upon),

divorce or revocation of divorce and conversion and such

other documents presented to him for registration;

(b) Compile said certificates monthly, prepare and send

any information required of him by the District Registrar;

(c) Register conversions involving Islam;

(d) Issue certified transcripts or copies of any certificate

or document registered upon payment of the required

fees;

(e) Send to the District Registrar during the first ten days

of each month a copy of the entries made during the

previous month;

(f) Index the same for easy reference and identification in

case any information is required; and

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(g) Administer oaths, free of charge, for civil registry

purposes.

ARTICLE 84. Cancellation or Correction of Entry. — Any

entry in the District or Circuit Register may, upon verified

petition of any interested party, be corrected upon order

of the Shari'a District Court, subject to the provisions of

the Rules of Court. Every Registrar shall be civilly

responsible for any unauthorized alteration made in the

registry to any person suffering damage thereby.

However, the Registrar may exempt himself from such

liability if he proves that he has taken every reasonable

precaution to prevent the unlawful alteration.

ARTICLE 85. Registration of revocation of divorce. —

Within seven days after the revocation of a divorce by

ruju', the husband shall, with the wife's written consent,

file a statement thereof with the Circuit Registrar in

whose records that divorce was previously entered.

ARTICLE 86. Legal effects of registration. — The books

making up the registry of marriage, divorce, revocation of

divorce, conversion, and all other documents relating

thereto shall be considered public documents and shall

be prima facie evidence of the facts therein contained.

However, nothing herein provided shall affect the intrinsic

validity or invalidity of the acts registered.

ARTICLE 87. Applicability of other civil registry law. —

To the extent not inconsistent with the provisions of this

Code, the provisions of other registry laws governing

other civil registrars shall be observed by district or circuit

registrars.

CHAPTER II O ther Acts Affecting Civil Status

ARTICLE 88. Where registered. — All other acts, events,

or judicial decrees affecting civil status not mentioned in

Chapter One of this Title shall be recorded in the existing

civil registry of the city or municipality in accordance with

special laws.

BOOK THREE S uccession

TITLE I G eneral Provisions

ARTICLE 89. Succession defined. — Succession is a

mode of acquisition by virtue of which the estate of a

person is transmitted to his heirs or others in accordance

with this code.

ARTICLE 90. Successional rights, when vested. — The

rights to succession are transmitted from the moment of

the death of the decedent. The right to succession of any

heir who predeceases the decedent shall not be

transmitted by right of representation to his own heirs.

ARTICLE 91. Requisites of succession. — No settlement

of the estate of a deceased person shall be effected

unless:

(a) The death of the decedent is ascertained;

(b) The successor is alive at the time of the death of the

decedent; and

(c) The successor is not disqualified to inherit.

ARTICLE 92. Inheritance (M irath) . — The inheritance of a

person includes all properties of any kind, movable or

immovable, whether ancestral or acquired either by

onerous or gratuitous title, as well as all transmissible

rights and obligations at the time of his death and those

that accrue thereto before partition.

ARTICLE 93. Disqualifications to succession. — The

following shall be disqualified to succeed:

(a) Those who have intentionally caused directly or

indirectly the death of the decedent;

(b) Those who have committed any other act which

constitutes a ground for disqualification to inherit under

Islamic law; and

(c) Those who are so situated that they cannot inherit

under Islamic law.

ARTICLE 94. Succession from acknowledging person.

— Without prejudice to the order of succession of heirs,

mutual rights of inheritance shall obtain:

(a) Between the acknowledging father and the

acknowledged child; and

(b) Between the kinsman acknowledged through

another person and the acknowledger.

ARTICLE 95. Succession by illegitimate child. — A child

who was the cause of the mother's having been divorced

by li'an shall have mutual rights of succession only with

the mother and her relatives.

ARTICLE 96. Succession between divorced persons. — (1)

The husband who divorces his wife shall have mutual

rights of inheritance with her while she is observing her

'idda. After the expiration of the 'idda, there shall be no

mutual rights of succession between them.

(2) The husband who, while in a condition of

death-illness, divorces his wife shall not inherit from her,

but she shall have the right to succeed him even after the

expiration of her ' idda.

ARTICLE 97. Succession by conceived child. — A child

conceived at the time of the death of the decedent shall

be considered an heir provided it be born later in

accordance with Article 10; its corresponding share shall

be reserved before the estate is distributed.

ARTICLE 98. Succession by absentee. — The share of an

heir who is missing or otherwise absent at the time of the

death of the decedent shall be reserved:

(a) Until he reappears and claims it;

(b) Until he is proven dead; or

(c) Until the lapse of ten years after which he shall be

presumed dead by decree of the court.

ARTICLE 99. Order of succession. — The heirs of a

decedent shall inherit in the following order:

(a) Sharers (a shab-ul-furud) shall be entitled to fixed

shares;

(b) Residuaries (a shab-ul-mirath) shall be entitled to the

residue;

(c) In the absence of the foregoing, the distant kindred

(d haw-ul-arham) who are blood relatives but are neither

sharers nor residuaries; and

(d) In default of the above, the acknowledged kinsman,

universal legatee, or the public treasury (b ait-ul-mal) , in

that order.

ARTICLE 100. Modes of Succession. — Succession may

be:

(a) By will (wasiya);

(b) By operation of this Code; or

(c) By combination of both.

TITLE II T estamentary Succession

CHAPTER I W ills

ARTICLE 101. Will defined. — A will (w asiya) is a

declaration whereby a person is permitted, with the

formalities prescribed by law, to control the disposition

after his death of not more than one-third of his estate, if

there are heirs, or the whole of it, if there are no heirs or

distant kindred.

ARTICLE 102. Formalities. — (1) The making of a will is

strictly a personal act; it cannot be left in whole or in part

to the discretion of a third person or accomplished

through the instrumentality of an agent.

(2) A will may be declared orally or in writing in a manner

that shows clearly the intention of the testator to execute

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it in the presence of a least two competent, credible and

disinterested witnesses.

ARTICLE 103. Proof of will. — (1) No nuncupative will shall

pass any property of the decedent unless it is proved and

allowed in accordance with a solemn oath or affirmation

of all the witnesses who attested to its declaration.

(2) No will of any other kind, holographic or formal, shall

pass any property unless it is proved and allowed in

accordance with this Code.

ARTICLE 104. Testamentary wagf . — An endowment for

Islamic purposes to take effect after the death of the

donor (w agf-bill-wasiya) partakes of the nature of a

testamentary disposition.

ARTICLE 105. Capacity to make a will. — Any person of

sound and disposing mind and who is not expressly

prohibited by Islamic law may make a will. Persons of

either sex under the age of puberty cannot make a will.

ARTICLE 106. Disposable third. — (1) The testator, in his

will, cannot dispose of more than one-third of his estate.

Any bequest in excess thereof shall not be given effect

unless ratified by the heirs. In any case, the bequest must

be accepted by the legatee.

(2) A bequest to any sharer or residuary shall not be valid

unless ratified by the testator's heirs existing at the time

of his death.

ARTICLE 107. Bequest by operation of law. — Should the

testator die without having made a bequest in favor of

any child of his son who predeceased him, or who

simultaneously dies with him, such child shall be entitled

to one-third of the share that would have pertained to the

father if he were alive. The parent or spouse, who is

otherwise disqualified to inherit in view of Article 93 (c),

shall be entitled to one-third of what he or she would

have received without such disqualification.

ARTICLE 108. Revocation of will. — Will may be expressly

or impliedly revoked by the testator at any time before his

death. Any waiver or restriction of this right shall be void.

ARTICLE 109. Partial invalidity of will. — The invalidity of

one of several provisions of a will shall not result in the

invalidity of the others, unless it is to be presumed that

the testator would not have made such other provisions if

the first invalid provision had not been made.

TITLE III L egal Succession

CHAPTER I S harers

ARTICLE 110. Who are sharers. — The following persons

shall be entitled to the inheritance as sharers to the

extent set forth in the succeeding articles:

(a) The husband, the wife;

(b) The father, the mother, the grandfather, the

grandmother;

(c) The daughter and the son's daughter in the direct

line;

(d) The full sister, the consanguine sister, the uterine

sister and the uterine brother.

ARTICLE 111. Share of surviving husband. — The

husband surviving together with a legitimate child or a

child of the decedent's son shall be entitled to one-fourth

of the hereditary estate; should there be no such

descendants, he shall inherit one-half of the estate.

ARTICLE 112. Share of surviving wife. — The wife

surviving together with a legitimate child or a child of the

decedent's son shall be entitled to one-eighth of the

hereditary estate; in the absence of such descendants,

she shall inherit one-fourth of the estate.

ARTICLE 113. Share of surviving father. — The father

succeeding together with the legitimate son of the

decedent or a son of the decedent's son shall be entitled,

as sharer, to one-sixth of the hereditary estate. The father

who succeeds together with a legitimate daughter of the

decedent or a daughter of the decedent's son shall

inherit, as sharer, one-sixth of the inheritance without

prejudice to his share as residuary.

ARTICLE 114. Share of surviving mother. — The mother

succeeding as sharer together with a child or a child of

the decedent's son, or with two or more brothers or

sisters of the decedent, shall be entitled to one-sixth of

the hereditary estate. Should she survive without any

such descendant or with only one brother or sister, she

shall inherit one-third of the estate.

ARTICLE 115. Share of paternal grandfather. — The

paternal grandfather succeeding together with the child

of the decedent or, in default thereof, with his

descendants in the direct male line however, distant, shall

be entitled to one-sixth of the hereditary estate. Should

he survive with any sharer other than the brothers or

sisters of the decedent, he shall be entitled to one-sixth

without prejudice to his right as a residuary.

ARTICLE 116. Share of paternal grandmother. — The

paternal grandmother succeeding in default of the

mother, father, or intermediate grandfather of the

decedent shall be entitled, as sharer, to one-sixth of the

hereditary estate.

ARTICLE 117. Share of surviving daughter. — (1) If the

decedent leaves no son but one daughter, the latter shall

be entitled to inherit, as sharer, one-half of the hereditary

estate. Two or more daughters shall share equally

two-thirds thereof. Should one or more daughters survive

with one or more sons of the decedent, the latter shall be

entitled to double the share of the former.

(2) Should a lone daughter of the decedent survive

together with his son's daughter, the two-thirds share

shall be divided between them, one-half thereof to

pertain to the former and one-sixth of the latter.

ARTICLE 118. Share of son's daughter. — The son's

daughter shall, in the absence of any child of the

decedent, be entitled to one-half of the hereditary estate.

Two or more daughters of the decedent's son shall share

the two-thirds of the estate per capita.

ARTICLE 119. Share of full sister. — Should the decedent

leave neither descendant, father, nor full brother, the full

sister shall be entitled as sharer to the extent of one-half

of the hereditary estate. Two or more full sisters shall

inherit two-thirds of the estate per capita.

ARTICLE 120. Share of consanguine sister. — Should the

decedent leave neither descendent, full brother, nor full

sister, the consanguine sister shall be entitled to one-half

of the hereditary estate. Two or more consanguine sisters

shall inherit two-thirds of the estate per capita.

ARTICLE 121. Share of uterine brother or sister. — The

share of a uterine brother or sister shall be one-sixth of

the hereditary estate should there be no surviving

descendant, father, paternal grandfather, or full brother

and sister of the decedent. Two or more uterine brothers

or sisters shall inherit one-third of the estate per capita.

ARTICLE 122. Participation of full brother. — (1) One or

more full brothers and sisters surviving together, or one

or more consanguine brothers or sisters surviving

together, shall participate in the hereditary estate, a

brother to inherit double the share of a sister.

(2) The provision of the next succeeding article

notwithstanding, the full brother shall, if nothing is left for

him after the distribution of shares and he survives with

uterine brothers, participate with the latter in the

one-third of the hereditary estate p er capita.

ARTICLE 123. Exclusion among heirs. — The exclusion of

heirs from the inheritance shall be governed by the

following rules:

(a) In the same line, the relative nearest in degree

excludes the more remote.

(b) Full-blood relatives exclude the consanguine and the

uterine.

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(c) Whoever is related to the decedent through any

person shall not inherit while the latter is living, except in

the case of a mother concurring with her children.

(d) Heirs who, in a particular case, do not succeed by

reason of disqualification on any ground shall not exclude

others.

CHAPTER II R esiduary Heirs

ARTICLE 124. Residuaries. — Any residue left after the

distribution of the shares shall be partitioned among the

residuaries in accordance with the following articles. An

heir may succeed as residuary in his own right

(a saba-bin-nafs) , in another's right (a saba-bil-ghair) , or

together with another (a saba-ma'al-ghair) .

ARTICLE 125. Residuaries in their own right. — The

following persons are residuaries in their own right: c dtai

(a) Male descendants of the decedent in the direct line,

however, distant in degree;

(b) Male ascendants of the decedent in the direct line,

however distant in degree;

(c) Full-blood or consanguine brothers of the decedent

and their male descendants, however distant in degree;

and

(d) Full-blood or consanguine paternal uncles of the

decedent and their male descendants, however distant in

degree.

ARTICLE 126. Residuaries in another's right. — The

following persons shall succeed as residuaries in

another's right:

(a) Daughters surviving with the son of the decedent;

(b) Son's daughters surviving with their own brothers;

(c) Full sisters surviving with their full brothers; and

(d) Consanguine sisters surviving with their consanguine

brothers.

ARTICLE 127. Residuaries together with another. —

Full-blood or consanguine sisters, surviving with

daughters of the decedent or with the son's daughters,

however distant in degree from the decedent, are

residuaries together with another.

ARTICLE 128. Preference among residuaries. —

Preference among residuaries shall be governed by the

following rules:

(a) The residuary nearer in degree shall be preferred to

the more remote of the same class.

(b) The residuary with full-blood relationship shall be

preferred to those of the half-blood of the same degree of

relationship in the same class.

(c) The residuaries of the same class, degree and blood

relationship shall share equally, subject to the rule of the

male having a share double that of the female in proper

cases.

ARTICLE 129. Reduction of shares. — If the totality of all

the shares assigned to each of the sharers exceeds the

whole inheritance, the shares shall be reduced

proportionately.

ARTICLE 130. Reversion of residue. — If, after distributing

the portions of the sharers, a residue is left in the

inheritance and there is no surviving residuary heir, the

same shall revert in its entirety to the lone sharer or to all

the sharers in proportion to their respective shares.

However, the husband or the wife shall not be entitled to

any part of the reverted portion as long as there are other

sharers or distant kindred.

CHAPTER III D istant Kindred (Dhaw-ul-arham)

ARTICLE 131. Relatives included. — Distant kindred

includes the following:

(a) The daughter's children and the children of the son's

daughter and their descendants;

(b) The excluded grandfather and the excluded

grandmother;

(c) The sister's children, the brother's daughters, the sons

of the uterine brother, and their descendants; and

(d) The paternal aunts, the uterine uncles and the

maternal aunts and uncles.

ARTICLE 132. Extent and distribution of shares. — In

default of all sharers and residuaries, the distant kindred

shall inherit the entire hereditary estate, the same to be

distributed among them in accordance with Articles 123

and 128.

TITLE IV S ettlement and Partition of Estate

ARTICLE 133. Administration. — The administration of

the estate of a decedent shall, for purposes of settlement,

vest at the time of his death in the executor appointed in

the will or, in the absence thereof, in his heir or

administrator to whom the court has granted letters of

administration.

ARTICLE 134. Governing school of law. — (1) In every

petition for probate of will or for the settlement of the

estate of a decedent, all matters relating to the

appointment of administrator, powers and duties of

administrator or executor, the court shall take into

consideration the school of law (m adhhab) of the

decedent.

(2) If the decedent's madhhab is not known, the Shafi'i

school of law may be given preference together with the

special rules of procedure adopted pursuant to this Code.

ARTICLE 135. Order of preference of claims. — The

estate of a decedent shall be applied to claims and

charges in the following order:

(a) unpaid taxes;

(b) reasonable funeral expenses;

(c) the expenses for probate, administration and other

judicial expenses;

(d) the debts of the decedent;

(e) the legacies to the extent of the disposable one-third;

(f) the distribution of shares among heirs; and

(g) unpaid dower.

ARTICLE 136. Liability of heirs. — The liability of the heirs

of a decedent for the payment of the latter's debts shall

not exceed the hereditary estate. Each heir shall be liable

only for the payment of the decedent's debt in proportion

to his share.

BOOK FOUR Adjudication and Settlement of

Disputes and Rendition of Legal Opinions

TITLE I T he Shari'a Courts

ARTICLE 137. Creation. — There are hereby created as

part of the judicial system, courts of limited jurisdiction, to

be known respectively as Shari'a District Courts and

Shari'a Circuit Courts, which shall exercise powers and

functions in accordance with this Title.

Shari'a courts and the personnel thereof shall be subject

to the administrative supervision of the Supreme Court.

CHAPTER I S hari'a District Courts

ARTICLE 138. Shari'a judicial districts. — Five special

judicial districts, each to have one Shari'a District Court

presided over by one judge, are constituted as follows:

(a) The First Shari'a District shall comprise the Province

of Sulu;

(b) The Second S hari'a D istrict, the Province of Tawi-Tawi;

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(c) The Third Shari'a District, the Province of Basilan,

Zamboanga del Norte and Zamboanga del Sur, and the

Cities of Dipolog, Pagadian and Zamboanga;

(d) The Fourth Shari'a District, the provinces of Lanao del

Norte and Lanao del Sur, and the Cities of Iligan and

Marawi; and

(e) The Fifth Shari'a District, the Provinces of

Maguindanao, North Cotabato and Sultan Kudarat, and

the City of Cotabato.

ARTICLE 139. Appointment of judges. — The judicial

function in the Shari'a District Courts shall be vested in

Shari'a District judges to be appointed by the President

of the Philippines.

ARTICLE 140. Qualifications. — No person shall be

appointed Shari'a District judge unless, in addition to the

qualifications for judges of Courts of First Instance fixed

in the Judiciary Law, he is learned in Islamic law and

jurisprudence.

ARTICLE 141. Tenure. — Shari'a District judges shall be

appointed to serve during good behavior until they reach

the age of sixty-five years, or become incapacitated to

discharge the duties of their office, unless sooner

removed for the same causes and in the same manner

provided by law for judges of Courts of First Instance.

ARTICLE 142. Compensation. — Shari'a District judges

shall receive the same compensation and enjoy the same

privileges as the judges of Courts of First Instance.

ARTICLE 143. Original jurisdiction. — (1) The Shari'a

District Court shall have exclusive original jurisdiction

over:

(a) All cases involving custody, guardianship, legitimacy,

paternity and filiation arising under this Code;

(b) All cases involving disposition, distribution and

settlement of the estate of deceased Muslims, probate of

wills, issuance of letters of administration or appointment

of administrators or executors regardless of the nature or

the aggregate value of the property;

(c) Petitions for the declaration of absence and death and

for the cancellation or correction of entries in the Muslim

Registries mentioned in Title VI of Book Two of this Code;

(d) All actions arising from customary contracts in which

the parties are Muslims, if they have not specified which

law shall govern their relations; and

(e) All petitions for mandamus, prohibition, injunction,

certiorari, habeas corpus, and all other auxiliary writs and

processes in aid of its appellate jurisdiction.

(2) Concurrently with existing civil courts, the Shari'a

District Court shall have original jurisdiction over:

(a) Petitions by Muslims for the constitution of a family

home, change of name and commitment of an insane

person to an asylum;

(b) All other personal and real actions not mentioned in

paragraph 1 (d) wherein the parties involved are Muslims

except those for forcible entry and unlawful detainer,

which shall fall under the exclusive original jurisdiction of

the Municipal Circuit Court; and

(c) All special civil actions for interpleader or declaratory

relief wherein the parties are Muslims or the property

involved belongs exclusively to Muslims.

ARTICLE 144. Appellate jurisdiction. — (1) Shari'a District

Courts shall have appellate jurisdiction over all cases tried

in the Shari'a Circuit Courts within their territorial

jurisdiction.

(2) The Shari'a District Court shall decide every case

appealed to it on the basis of the evidence and records

transmitted as well as such memoranda, briefs or oral

arguments as the parties may submit.

ARTICLE 145. Finality of decision. — The decisions of the

Shari'a District Courts whether on appeal from the

Shari'a Circuit Court or not shall be final. Nothing herein

contained shall affect the original and appellate

jurisdiction of the Supreme Court as provided in the

Constitution.

ARTICLE 146. Clerks and other subordinate employees.

— Shari'a District Courts shall have the same officers and

other personnel as those provided by law for Courts of

First Instance.

The pertinent provisions of the Judiciary Law regarding

the number, qualifications, appointment, compensation,

functions, duties and other matters relative to the

personnel of the Courts of First Instance shall apply to

those of the Shari'a D istrict Courts.

ARTICLE 147. Permanent stations; offices. — (1) The

Shari'a District Courts shall have their respective

permanent stations in the following places:

(a) First S hari'a District, Jolo, Sulu;

(b) Second S hari'a District, Bongao, Tawi-Tawi;

(c) Third S hari'a District, Zamboanga City;

(d) Fourth S hari'a District, Marawi City;

(e) Fifth S hari'a District, Cotabato City;

(2) The Shari'a District Courts may hold sessions

anywhere within their respective districts.

(3) The provinces, cities or municipalities concerned shall

provide such courts with adequate court office, supplies

and equipment in accordance with the provisions of the

Judiciary Law.

ARTICLE 148. Special procedure. — The Shari'a District

Courts shall be governed by such special rules of

procedure as the Supreme Court may promulgate.

ARTICLE 149. Applicability of other laws. — The

provisions of all laws relative to the Courts of First

Instance shall, insofar as they are not inconsistent with

this Code, be applicable to S hari'a D istrict Courts.

CHAPTER II S hari'a Circuit Courts

ARTICLE 150. Where established. — (1) Shari'a Circuit

Courts shall be established as follows:

(a) Six such courts in the Province of Sulu;

(b) Eight in the Province of Tawi-Tawi;

(c) Ten in and for the Provinces of Basilan, Zamboanga

del Norte and Zamboanga del Sur, and the Cities of

Dipolog, Pagadian, and Zamboanga;

(d) Twelve in and for the Provinces of Lanao del Norte

and Lanao del Sur and the Cities of Iligan and Marawi;

(e) Fifteen in and for the Province of Maguindanao, North

Cotabato and Sultan Kudarat and the City of Cotabato.

(2) The territorial jurisdiction of each of the Shari'a Circuit

Courts shall be fixed by the Supreme Court on the basis

of geographical contiguity of the municipalities and cities

concerned and their Muslim population.

ARTICLE 151. Appointment of judges. — Each Shari'a

Circuit Court shall be presided over by a Shari'a Circuit

Judge to be appointed by the President of the

Philippines.

ARTICLE 152. Qualifications. — No person shall be

appointed judge of the Shari'a Circuit Court unless he is a

natural-born citizen of the Philippines, at least twenty-five

years of age, and has passed an examination in the

Shari'a and Islamic jurisprudence (fi qh) to be given by the

Supreme Court for admission to special membership in

the Philippine Bar to practice in the S hari'a Courts.

ARTICLE 153. Tenure. — Shari'a Circuit judges shall be

appointed to serve during good behavior until they reach

the age of sixty-five years or become incapacitated to

discharge the duties of their office, unless sooner

removed for the same causes and in the same manner

provided by law for judges of Municipal Circuit Courts.

162 of 186

ARTICLE 154. Compensation. — Shari'a Circuit judges

shall receive the same compensation and enjoy the same

privileges as judges of Municipal Circuit Courts.

ARTICLE 155. Jurisdiction. — The Shari'a Circuit Courts

shall have exclusive original jurisdiction over:

(1) All cases involving offenses defined and punished

under this Code.

(2) All civil actions and proceedings between parties who

are Muslims or have been married in accordance with

Article 13 involving disputes relating to:

(a) Marriage;

(b) Divorce recognized under this Code;

(c) Betrothal or breach of contract to marry;

(d) Customary dower (m ahr) ;

(e) Disposition and distribution of property upon divorce;

(f) Maintenance and support, and consolatory gifts,

(m ut'a) ; and

(g) Restitution of marital rights.

(3) All cases involving disputes relative to communal

properties.

ARTICLE 156. Clerks and other subordinate employees.

— (1) Shari'a Circuit Courts shall have the same officers

and other personnel as those provided by law for

Municipal Circuit Courts.

(2) The pertinent provisions of the Judiciary Law

regarding the number, qualifications, appointment,

compensation, functions, duties and other matters

relative to the personnel of the Municipal Circuit Courts

shall apply to those of the S hari'a Circuit Courts.

ARTICLE 157. Place of sessions; stations. — Shari'a

Circuit Court may hold session anywhere within their

respective circuits, but each shall have a principal station

to be fixed by the Supreme Court.

ARTICLE 158. Special procedure. — The Shari'a Circuit

Courts shall be governed by such special rules of

procedure as the Supreme Court may promulgate.

ARTICLE 159. Applicability of other laws. — The

provisions of all laws relative to Municipal Circuit Courts

shall, to the extent that they are not inconsistent with this

Code, be applicable to the S hari'a Circuit Courts.

TITLE II T he Agama Arbitration Council

ARTICLE 160. Constitution. — The Shari'a District Court or

the Shari'a Circuit Court may, in appropriate cases,

constitute an Agama Arbitration Council in the manner

specified in this Title.

ARTICLE 161. Divorce by talaq and tafwid. — (1) Any

Muslim male who has pronounced a talaq shall, without

delay, file with the Clerk of Court of the Shari'a Circuit

Court of the place where his family resides a written

notice of such fact and the circumstances attended

thereto, after having served a copy thereof to the wife

concerned. The talaq pronounced shall not become

irrevocable until after the expiration of the prescribed

'idda. The notice filed shall be conclusive evidence that

talaq has been pronounced.

(2) Within seven days from receipt of notice, the Clerk of

Court shall require each of the parties to nominate a

representative. The representatives shall be appointed by

the Court to constitute, together with the Clerk of Court

as Chairman, an Agama Arbitration Council. The Agama

Arbitration Council shall submit to the Court a report on

the result of the arbitration, on the basis of which and

such other evidence as may be allowed, the Court shall

issue the corresponding order.

(3) The provisions of this article shall be observed should

the wife exercise t afwid.

ARTICLE 162. Subsequent marriages. — Any Muslim

husband desiring to contract a subsequent marriage

shall, before so doing, file a written notice thereof with

the Clerk of Court of the Shari'a Circuit Court of the place

where his family resides. Upon receipt of said notice, the

Clerk shall serve a copy thereof to the wife or wives.

Should any of them object, an Agama Arbitration Council

shall be constituted in accordance with the provisions of

paragraph (2) of the preceding article. If the Agama

Arbitration Council fails to obtain the wife's consent to the

proposed marriage, the Court shall, subject to Article 27,

decide whether or not to sustain her objection.

ARTICLE 163. Offenses against customary law. — The

Shari'a Circuit Court, in cases involving offenses against

customary law which can be settled without formal trial,

may, at its discretion, direct the Shari'a Clerk of Court to

constitute a council of not less than two nor more than

four members, with him as chairman, to settle the case

amicably.

TITLE III J urisconsult in Islamic Law

ARTICLE 164. Creation of office and appointment. — (1)

There shall be a Jurisconsult in Islamic law, who shall be

appointed by the President of the Philippines and hold

office for a term of seven years, without prejudice to

re-appointment, unless sooner removed for cause or

incapacitated to discharge the duties of his office.

(2) The Office of the Jurisconsult shall be under the

administrative supervision of the Supreme Court of the

Philippines which shall also fix its permanent station,

preferably in the City of Zamboanga.

ARTICLE 165. Qualifications. — No person shall be

appointed Jurisconsult in Islamic Law unless he is a

citizen of the Philippines, at least forty years of age,of

good moral character and proven integrity, and an

eminent scholar in the Qur'an and Hadith and in Islamic

jurisprudence as well as proficient in Arabic.

ARTICLE 166. Functions. — (1) The Jurisconsult shall, on

the written request of any interested party, have the

authority to render legal opinions, based on recognized

authorities, regarding any question relating to Muslim

Law. For this purpose, he may, if he deems it necessary,

consult or ask for a consensus of the ' ulama.

(2) The Jurisconsult shall consider and act on every such

request unless, in his opinion and for good reason, the

question need not be answered.

(3) The Office of the Jurisconsult shall keep a compilation

and cause the publication of all his legal opinions.

ARTICLE 167. Compensation. — Until otherwise provided

by law, the Jurisconsult shall receive an annual

compensation of forty-eight thousand pesos which shall

not be diminished during his term of office.

ARTICLE 168. Office personnel. — The Jurisconsult may,

in accordance with the Civil Service Law and subject to

the approval of the Supreme Court, appoint and fix the

compensation of such personnel as may be necessary for

the performance of his functions.

BOOK FIVE M iscellaneous and Transitory

Provisions

TITLE I M uslim Holidays

ARTICLE 169. Official Muslim holidays. — The following

are hereby recognized as legal Muslim holidays:

(a) 'Amun Jadid (New Year), which falls on the first day of

the first lunar month of Muharram;

(b) Maulid-un-Nabi (Birthday of the Prophet

Muhammad), which falls on the twelfth day of the third

lunar month of Rabi-ul-Awwal;

163 of 186

(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and

Ascension of the Prophet Muhammad), which falls on the

twenty-seventh day of the seventh lunar month of Rajab;

(d) 'Id-ul-Fitr (H ari Raya Pausa) , which falls on the first

day of the tenth lunar month of Shawwal,

commemorating the end of the fasting season; and

(e) 'Id-ul-Adha (H ari Raya Haji) , which falls on the tenth

day of the twelfth lunar month of D hu 1-Hijja.

ARTICLE 170. Provinces and cities where officially

observed. — (1) Muslim holidays shall be officially

observed in the Provinces of Basilan, Lanao del Norte,

Lanao del Sur, Maguindanao, North Cotabato, Sultan

Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and

Zamboanga del Sur, and in the Cities of Cotabato, Iligan,

Marawi, Pagadian, and Zamboanga and in such other

Muslim provinces and cities as may hereafter be created.

(2) Upon proclamation by the President of the

Philippines, Muslim holidays may also be officially

observed in other provinces and cities.

ARTICLE 171. Dates of observance. — The dates of

Muslim holidays shall be determined by the Office of the

President of the Philippines in accordance with the

Muslim Lunar Calendar (H ijra) .

ARTICLE 172. Observance by Muslim employees. — (1)

All Muslim government officials and employees in places

other than those enumerated under Article 170 shall also

be excused from reporting to office in order that they

may be able to observe Muslim holidays.

(2) The President of the Philippines may, by

proclamation, require private offices, agencies or

establishments to excuse their Muslim employees from

reporting for work during a Muslim holiday without

reduction in their usual compensation.

TITLE II C ommunal Property

ARTICLE 173. What constitute. — The following are

communal properties:

(a) Customary heirloom, which shall include artifacts and

ancestral implements or things of cultural value handed

down from a common ancestor;

(b) Ancestral property, which shall comprehend hallowed

ancestral plot, ancestral shrine, royal court, and similar

properties; and

(c) charitable trust property.

ARTICLE 174. Administration or disposition. — (1) Except

as otherwise provided in this Code, communal property

shall be administered or disposed of in accordance with

Muslim law, ' ada, and special provisions of law.

(2) Any provision of existing law to the contrary

notwithstanding, the trustee of any communal property

shall be the person who is in lawful possession thereof,

either personally or through an agent.

(3) The Shari'a Circuit Court may appoint a trustee of a

communal property when there is a dispute as to its

custody, possession, or administration.

TITLE III C ustomary Contracts

ARTICLE 175. How construed. — Any transaction

whereby one person delivers to another any real estate,

plantation, orchard or any fruit-bearing property by virtue

of sanda, sanla, arindao, or similar customary contract,

shall be construed as a mortgage (r ihan) in accordance

with Muslim law.

TITLE IV C onversions

ARTICLE 176. Effect of registration of conversion to

Islam. — (1) Registration of a person's conversion to Islam

shall constitute a prima facie proof that he professes

Islam.

(2) Whoever disputes the profession or renunciation of

Islam by any person shall have the burden of proving the

contrary.

ARTICLE 177. Regulation on conversion. — No

conversion of a minor below the age of eighteen years

shall be registered by the District or Circuit Registrar

without the written consent or permission of the parents

or guardian, except when such minor has been

emancipated from parental authority in accordance with

law.

ARTICLE 178. Effect of conversion to Islam on marriage.

— The conversion of non-Muslim spouses to Islam shall

have the legal effect of ratifying their marriage as if the

same had been performed in accordance with the

provisions of this Code or Muslim law, provided that there

is no legal impediment to the marriage under Muslim

law.

ARTICLE 179. Effect of change of religion. — The change

of religion by a Muslim shall not have the effect of

extinguishing any obligation or liability whatsoever

incurred prior to said change.

TITLE V P enal Provisions

CHAPTER I R ule of Bigamy

ARTICLE 180. Law applicable. — The provisions of the

Revised Penal Code relative to the crime of bigamy shall

not apply to a person married in accordance with the

provisions of this Code or, before its effectivity, under

Muslim law.

CHAPTER II S pecific Offenses

ARTICLE 181. Illegal solemnization of marriage. — Any

person who shall, without authority, solemnize any

marriage purportedly under this Code, or shall do so in a

manner contrary to the provisions thereof, shall be

punished by imprisonment of not less than two months

but not more than two years, or a fine of not less than two

hundred pesos but not more than two thousand pesos, or

both, in the discretion of the court.

ARTICLE 182. Marriage before expiration of 'idda. — Any

widow or divorced woman who, having been married

under Muslim law or under this code, contracts another

marriage before the expiration of the prescribed 'idda

shall suffer the penalty of a fine not exceeding five

hundred pesos.

ARTICLE 183. Offenses relative to subsequent marriage,

divorce, and revocation of divorce. — A person who fails

to comply with the requirements of Articles 85, 161, and

162 of this Code shall be penalized by arresto mayor or a

fine of not less than two hundred pesos but not more

than two thousand pesos, or both, in the discretion of the

court.

ARTICLE 184. Failure to report for registration. — Except

as provided in the article immediately preceding, a

person who knowingly fails to perform his duty under this

Code to report for registration any fact concerning the

civil status of persons shall be punished by a fine of not

less than one hundred pesos but not more than one

thousand pesos.

ARTICLE 185. Neglect of duty by registrars. — Any

district registrar or circuit registrar who fails to perform

properly his duties in accordance with this Code shall be

penalized in accordance with Section 18 of A ct 3753.

TITLE VI T ransitory and Final Provisions

ARTICLE 186. Effect of code on past acts. — (1) Acts

executed prior to the effectivity of this Code shall be

governed by the laws in force at the time of their

execution, and nothing herein except as otherwise

specifically provided, shall affect their validity or legality or

operate to extinguish any right acquired or liability

incurred thereby.

164 of 186

(2) A marriage contracted by a Muslim male prior to the

effectivity of this Code in accordance with non-Muslim

law shall be considered as one contracted under Muslim

law provided the spouses register their mutual desire to

this effect.

ARTICLE 187. Applicability Clause. — The Civil Code of

the Philippines, the Rules of Court and other existing

laws, insofar as they are not inconsistent with the

provisions of this Code, shall be applied suppletorily.

ARTICLE 188. Separability clause. — If, for any reason,

any article or provision of this Code is held to be invalid,

the same shall not affect the other articles or provisions

hereof.

ARTICLE 189. Repealing clause. — All laws,

proclamations, executive orders, rules and regulations, or

any part thereof, inconsistent with provisions of this Code

are hereby correspondingly modified or repealed.

ARTICLE 190. Effectivity. — This Code shall take effect

immediately.

DONE in the City of Manila this 4th day of February in the

year of Our Lord nineteen hundred and seventy-seven.

Published in the Official Gazette, Vol. 73 No. 20 Page

4038 on May 16, 1977.

||| (Code of Muslim Personal Laws of the Philippines,

Presidential Decree No. 1083, [February 4, 1977])

PD No 1529 | Property

Registration Decree

As amended by BP Blg. 594

AMENDING AND CODIFYING THE LAWS RELATIVE TO

REGISTRATION OF PROPERTY AND FOR OTHER

PURPOSES

WHEREAS, there is a need to update the Land

Registration Act and to codify the various laws relative to

registration of property, in order to facilitate effective

implementation of said laws;

WHEREAS, to strengthen the Torrens system, it is

deemed necessary to adopt safeguards to prevent

anomalous titling of real property, and to streamline and

simplify registration proceedings and the issuance of

certificates of title;

WHEREAS, the decrees promulgated relative to the

registration of certificates of land transfer and

emancipation patents issued pursuant to Presidential

Decree No. 27 to hasten the implementation of the land

reform program of the country form an integral part of

the property registration laws;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Republic of the Philippines, by virtue of the powers

vested in me by the Constitution, do hereby order and

decree the following:

CHAPTER I GENERAL PROVISIONS

Section 1. Title of Decree. This Decree shall be known as

the PROPERTY REGISTRATION DECREE.

Section 2. Nature of registration proceedings; jurisdiction

of courts. Judicial proceedings for the registration of

lands throughout the Philippines shall be in rem and shall

be based on the generally accepted principles underlying

the Torrens system.

Courts of First Instance shall have exclusive jurisdiction

over all applications for original registration of title to

lands, including improvements and interests therein, and

over all petitions filed after original registration of title,

with power to hear and determine all questions arising

upon such applications or petitions. The court through its

clerk of court shall furnish the Land Registration

Commission with two certified copies of all pleadings,

exhibits, orders, and decisions filed or issued in

applications or petitions for land registration, with the

exception of stenographic notes, within five days from

the filing or issuance thereof.

Section 3. Status of other pre-existing land registration

system. The system of registration under the Spanish

Mortgage Law is hereby discontinued and all lands

recorded under said system which are not yet covered by

Torrens title shall be considered as unregistered lands.

Hereafter, all instruments affecting lands originally

registered under the Spanish Mortgage Law may be

recorded under Section 113 of this Decree, until the land

shall have been brought under the operation of the

Torrens system.

The books of registration for unregistered lands provided

under Section 194 of the Revised Administrative Code, as

amended by Act No. 3344, shall continue to remain in

force; provided, that all instruments dealing with

unregistered lands shall henceforth be registered under

Section 113 of this Decree.

CHAPTER II THE LAND REGISTRATION

COMMISSION AND ITS REGISTRIES OF DEEDS

Section 4. Land Registration Commission. In order to

have a more efficient execution of the laws relative to the

registration of lands, geared to the massive and

accelerated land reform and social justice program of the

government, there is created a commission to be known

as the Land Registration Commission under the

executive supervision of the Department of Justice.

Section 5. Officials and employees of the Commission.

The Land Registration Commission shall have a chief and

an assistant chief to be known, respectively, as the

Commissioner and the Deputy Commissioner of Land

Registration who shall be appointed by the President. The

Commissioner shall be duly qualified member of the

Philippine Bar with at least ten years of practice in the

legal profession, and shall have the same rank,

compensation and privileges as those of a Judge of the

Court of First Instance. The Deputy Commissioner, who

shall possess the same qualifications as those required of

the Commissioner, shall receive compensation which

shall be three thousand pesos per annum less than that

of the Commissioner. He shall act as Commissioner of

Land Registration during the absence or disability of the

Commissioner and when there is a vacancy in the

position until another person shall have been designated

or appointed in accordance with law. The Deputy

Commissioner shall also perform such other functions as

the Commissioner may assign to him.

They shall be assisted by such number of division chiefs

as may be necessary in the interest of the functioning of

the Commission, by a Special Assistant to the

Commissioner, and by a Chief Geodetic Engineer who

shall each receive compensation at the rate of three

thousand four hundred pesos per annum less than that

of the Deputy Commissioner.

All other officials and employees of the Land Registration

Commission including those of the Registries of Deeds

whose salaries are not herein provided, shall receive

salaries corresponding to the minimum of their

respective upgraded ranges as provided under paragraph

3.1 of Budget Circular No. 273, plus sixty per centum

thereof across the board, notwithstanding the maximum

salary allowed for their respective civil service eligibilities.

The salaries of officials and employees provided in this

Decree shall be without prejudice to such benefits and

adjustments as may from time to time be granted by the

President or by the legislature to government employees.

All officials and employees of the Commission except

Registers of Deeds shall be appointed by the Secretary of

165 of 186

Justice upon recommendation of the Commissioner of

Land Registration.

Section 6. G eneral Functions.

(1) The Commissioner of Land Registration shall have the

following functions:

(a) Issue decrees of registration pursuant to final

judgments of the courts in land registration proceedings

and cause the issuance by the Registers of Deeds of the

corresponding certificates of title;

(b) Exercise supervision and control over all Registers of

Deeds and other personnel of the Commission;

(c) Resolve cases elevated en consulta by, or on appeal

from decision of, Registers of Deeds;

(d) Exercise executive supervision over all clerks of court

and personnel of the Courts of First Instance throughout

the Philippines with respect to the discharge of their

duties and functions in relation to the registration of

lands;

(e) Implement all orders, decisions, and decrees

promulgated relative to the registration of lands and

issue, subject to the approval of the Secretary of Justice,

all needful rules and regulations therefor;

(f) Verify and approve subdivision, consolidation, and

consolidation-subdivision survey plans of properties titled

under Act No. 496 except those covered by P.D. No. 957.

(2) The Land Registration Commission shall have the

following functions:

(a) Extend speedy and effective assistance to the

Department of Agrarian Reform, the Land Bank, and

other agencies in the implementation of the land reform

program of the government;

(b) Extend assistance to courts in ordinary and cadastral

land registration proceedings;

(c) Be the central repository of records relative to original

registration of lands titled under the Torrens system,

including subdivision and consolidation plans of titled

lands.

Section 7. Office of the Register of Deeds. There shall be

at least one Register of Deeds for each province and one

for each city. Every Registry with a yearly average

collection of more than sixty thousand pesos during the

last three years shall have one Deputy Register of Deeds,

and every Registry with a yearly average collection of

more than three hundred thousand pesos during the last

three years, shall have one Deputy Register of Deeds and

one second Deputy Register of Deeds.

The Secretary of Justice shall define the official station

and territorial jurisdiction of each Registry upon the

recommendation of the Commissioner of Land

Registration, with the end in view of making every

registry easily accessible to the people of the neighboring

municipalities.

The province or city shall furnish a suitable space or

building for the office of the Register of Deeds until such

time as the same could be furnished out of national

funds.

Section 8. Appointment of Registers of Deeds and their

Deputies and other subordinate personnel; salaries.

Registers of Deeds shall be appointed by the President of

the Philippines upon recommendation of the Secretary of

Justice. Deputy Registers of Deeds and all other

subordinate personnel of the Registries of Deeds shall be

appointed by the Secretary of Justice upon the

recommendation of the Commissioner of Land

Registration.

The salaries of Registers of Deeds and their Deputies shall

be at the following rates:

(1) First Class Registries The salaries of Registers of Deeds

in first class Registries shall be three thousand four

hundred pesos per annum less than that of the Deputy

Commissioner.

(2) Second Class Registries The salaries of Registers of

Deeds in second class Registries shall be three thousand

four hundred pesos per annum less than those of

Registers of Deeds in first class Registries.

(3) Third Class Registries The salaries of Registers of Deeds

in third class Registries shall be three thousand four

hundred pesos per annum less than those of Registers of

Deeds in second class Registries.

(4) The salaries of Deputy Registers of Deeds and Second

Deputy Registers of Deeds shall be three thousand four

hundred pesos per annum less than those of their

corresponding Registers of Deeds and Deputy Registers

of Deeds, respectively.

The Secretary of Justice, upon recommendation of the

Commissioner of Land Registration, shall cause the

reclassification of Registries based either on work load or

the class of province/city, whichever will result in a higher

classification, for purposes of salary adjustments in

accordance with the rates hereinabove provided.

Section 9. Qualifications of Registers of Deeds and

Deputy Registers of Deeds. No person shall be appointed

Register of Deeds unless he has been admitted to the

practice of law in the Philippines and shall have been

actually engaged in such practice for at least three years

or has been employed for a like period in any branch of

government the functions of which include the

registration of property.

The Deputy Register of Deeds shall be a member of the

Philippine Bar. Provided, however, that no Register of

Deeds or Deputy Register of Deeds holding office as such

upon the passage of this Decree shall by reason hereof,

be removed from office or be demoted to a lower

category or scale of salary except for cause and upon

compliance with due process as provided for by law.

Section 10. General functions of Registers of Deeds. The

office of the Register of Deeds constitutes a public

repository of records of instruments affecting registered

or unregistered lands and chattel mortgages in the

province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to

immediately register an instrument presented for

registration dealing with real or personal property which

complies with all the requisites for registration. He shall

see to it that said instrument bears the proper

documentary and science stamps and that the same are

properly canceled. If the instrument is not registerable, he

shall forthwith deny registration thereof and inform the

presentor of such denial in writing, stating the ground or

reason therefor, and advising him of his right to appeal by

consulta in accordance with Section 117 of this Decree.

Section 11. Discharge of duties of Register of Deeds in

case of vacancy, etc.

(1) Until a regular Register of Deeds shall have been

appointed for a province or city, or in case of vacancy in

the office, or upon the occasion of the absence, illness,

suspension, or inability of the Register of Deeds to

discharge his duties, said duties shall be performed by

the following officials, in the order in which they are

mentioned below, unless the Secretary of Justice

designates another official to act temporarily in his place:

(a) For the province or city where there is a Deputy

Register of Deeds, by said Deputy Register of Deeds, or by

the second Deputy Register of Deeds, should there be

one;

(b) For the province or city where there is no Deputy or

second Deputy Register of Deeds, by the Provincial or City

Fiscal, or any Assistant Fiscal designated by the Provincial

or City Fiscal;

(2) In case of absence, disability or suspension of the

Register of Deeds without pay, or in case of vacancy in the

position, the Secretary of Justice may, in his discretion,

authorize the payment of an additional compensation to

the official acting as Register of Deeds, such additional

compensation together with his actual salary not to

166 of 186

exceed the salary authorized for the position thus filled by

him.

(3) In case of a newly-created province or city and

pending establishment of a Registry of Deeds and the

appointment of a regular Register of Deeds for the new

province or city, the Register of Deeds of the mother

province or city shall be the ex-officio Register of Deeds

for said new province or city.

Section 12. Owner's Index; reports. There shall be

prepared in every Registry an index system which shall

contain the names of all registered owners alphabetically

arranged. For this purpose, an index card which shall be

prepared in the name of each registered owner which

shall contain a list of all lands registered in his name.

The Register of Deeds shall submit to the Land

Registration Commission within ten days after the month

to which they pertain his monthly reports on collections

and accomplishments. He shall also submit to the

Commission at the end of December of each year, an

annual inventory of all titles and instruments in his

Registry.

Section 13. Chief Geodetic Engineer. There shall be a

Chief Geodetic Engineer in the Land Registration

Commission who shall be the technical adviser of the

Commission on all matters involving surveys and shall be

responsible to him for all plats, plans and works requiring

the services of a geodetic engineer in said office. He shall

perform such other functions as may, from time to time,

be assigned to him by the Commissioner.

CHAPTER III ORIGINAL REGISTRATION

I. ORDINARY REGISTRATION PROCEEDINGS

A. APPLICATIONS

Section 14. Who may apply. The following persons may

file in the proper Court of First Instance an application for

registration of title to land, whether personally or through

their duly authorized representatives:

(1) Those who by themselves or through their

predecessors-in-interest have been in open, continuous,

Republic of the

Court of First Instance

The undersigned, ____________________________________________________________hereby

land hereinafter described brought under the operation

title thereto registered and confirmed:

AND DECLARE . . . . .

1. That the applicants/s is/are the owners of the land

and/or possession in accordance with Section 14 of said

thereon, with the exception of the

which is/are the property of _________________________

consisting of ____________________ parcel/s is/are situated,

technical descriptions attached hereto and made

___________________________________________________________________

2. That said land at the last assessment for taxation was

and other improvements at P ___________, Philippine

3. That to the best of my/our knowledge and belief,

whatsoever affecting said land, nor any other person

possession, other than as follows:

4. That the applicant/s has/have acquired said land in the

(Note: Refer to Sec. 14 of said Decree. State also

property of the applicant/s)

5. That said land is occupied by the following person:

______________________________________________

exclusive and notorious possession and occupation of

alienable and disposable lands of the public domain

under a bona fide claim of ownership since June 12, 1945,

or earlier.

(2) Those who have acquired ownership of private lands

by prescription under the provision of existing laws.

(3) Those who have acquired ownership of private lands or

abandoned river beds by right of accession or accretion

under the existing laws.

(4) Those who have acquired ownership of land in any

other manner provided for by law.

Where the land is owned in common, all the co-owners

shall file the application jointly.

Where the land has been sold under pacto de retro, the

vendor a retro may file an application for the original

registration of the land, provided, however, that should

the period for redemption expire during the pendency of

the registration proceedings and ownership to the

property consolidated in the vendee a retro, the latter

shall be substituted for the applicant and may continue

the proceedings.

A trustee on behalf of his principal may apply for original

registration of any land held in trust by him, unless

prohibited by the instrument creating the trust.

Section 15. Form and contents. The application for land

registration shall be in writing, signed by the application

or the person duly authorized in his behalf, and sworn to

before any officer authorized to administer oaths for the

province or city where the application was actually

signed. If there is more than one applicant, the

application shall be signed and sworn to by and in behalf

of each. The application shall contain a description of the

land and shall state the citizenship and civil status of the

applicant, whether single or married, and, if married, the

name of the wife or husband, and, if the marriage has

been legally dissolved, when and how the marriage

relation terminated. It shall also state the full names and

addresses of all occupants of the land and those of the

adjoining owners, if known, and, if not known, it shall

state the extent of the search made to find them.

The application, shall, in form, be substantially as follows:

Philippines

of _________________

applies (or apply) to have the

of the Property Registration Decree, and to have the

(by virtue of inheritance or deed of sale or conveyance

Decree), together with the building and improvements

following:__________________________________________________________________

residing at _________________________ The said land,

bounded and described as shown on the plan and

a part hereof, with the following exception:

assessed at P ____, Philippine currency, and the buildings

currency.

there is no mortgage or encumbrance of any kind

having any interest therein, legal or equitable, or in

_______________________________________________________________________________

following manner: ________________________________

whether the property is conjugal, paraphernal or exclusive

____________________

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6. That the names in full and addresses, as far as

properties, of the persons mentioned in paragraphs 3

are as follows:

7. That the applicant/s is/are single or married to

state when and how

terminated.)_________________________________________________________________

8. That the applicant's/s' full name, age, citizenship,

___________________________________________________________________

9. That (Note: If the land included in the application is

be stated in this paragraph whether or not the applicant

road and whether the applicant desires to

________________________________________ ___________________________

10. That the following documents are attached hereto and

________________________________

Signed at ___________________ this _____________________

and ______________________.

__________________________

Applicant

_________________________

(Post Office Address)

REPUBLIC OF

PROVINCE (OR CITY)

On this _______________ day of _________________________,19

named __________________________________________________

foregoing application and made oath that the statements

and belief.

The Residence Certificate/s ______________________ of the

being No. _________________ issued at ___________________

________________________

(Notary Public, or other Officer

authorized to administer oaths)

PTR NO. _________________

Section 16. Non-resident applicant. If the applicant is not

a resident of the Philippines, he shall file with his

application an instrument in due form appointing an

agent or representative residing in the Philippines, giving

his full name and postal address, and shall therein agree

that the service of any legal process in the proceedings

under or growing out of the application made upon his

agent or representative shall be of the same legal effect

as if made upon the applicant within the Philippines. If

the agent or representative dies, or leaves the Philippines,

the applicant shall forthwith make another appointment

for the substitute, and, if he fails to do so the court may

dismiss the application.

Section 17. What and where to file. The application for

land registration shall be filed with the Court of First

Instance of the province or city where the land is situated.

The applicant shall file together with the application all

original muniments of titles or copies thereof and a

survey plan of the land approved by the Bureau of Lands.

The clerk of court shall not accept any application unless

it is shown that the applicant has furnished the Director

of Lands with a copy of the application and all annexes.

known to the undersigned, of the owners of all adjoining

and 5, and of the persons shown on the plan as claimants,

________________________________________________________________________________________

____________________ (Note: if marriage has been legally dissolved,

the marriage relation

_____________________

residence, and postal address/es is/are as follows:

bounded by a public or private way or road, there should

claims any and what land within the limits of the way or

have the line of the way or road determined.)

made a part hereof: ___________________________________

day of ____________________, in the year nineteen hundred

THE PHILIPPINES

OF _______________

________ personally appeared before me the above-

known to me to be the person/s who executed the

therein are true of his/their knowledge, information

applicant/s ______________ was/were exhibited to me

dated ____________, 19 __________.

Section 18. Application covering two or more parcels. An

application may include two or more parcels of land

belonging to the applicant/s provided they are situated

within the same province or city. The court may at any

time order an application to be amended by striking out

one or more of the parcels or by a severance of the

application.

Section 19. Amendments. Amendments to the

application including joinder, substitution, or

discontinuance as to parties may be allowed by the court

at any stage of the proceedings upon just and reasonable

terms.

Amendments which shall consist in a substantial change

in the boundaries or an increase in area of the land

applied for or which involve the inclusion of an additional

land shall be subject to the same requirements of

publication and notice as in an original application.

Section 20. When land applied for borders on road. If the

application describes the land as bounded by a public or

private way or road, it shall state whether or not the

applicant claims any and what portion of the land within

168 of 186

the limits of the way or road, and whether the applicant

desires to have the line of the way or road determined.

Section 21. Requirement of additional facts and papers;

ocular inspection. The court may require facts to be

stated in the application in addition to those prescribed

by this Decree not inconsistent therewith and may

require the filing of any additional paper. It may also

conduct an ocular inspection, if necessary.

Section 22. Dealings with land pending original

registration. After the filing of the application and before

the issuance of the decree of registration, the land therein

described may still be the subject of dealings in whole or

in part, in which case the interested party shall present to

the court the pertinent instruments together with a

subdivision plan approved by the Director of Lands in

case of transfer of portions thereof and the court, after

notice to the parties, shall order such land registered

subject to the conveyance or encumbrance created by

said instruments, or order that the decree of registration

be issued in the name of the person to whom the

property has been conveyed by said instruments.

B. PUBLICATION, OPPOSITION AND DEFAULT

Section 23. Notice of initial hearing, publication, etc. The

court shall, within five days from filing of the application,

issue an order setting the date and hour of the initial

hearing which shall not be earlier than forty-five days nor

later than ninety days from the date of the order.

The public shall be given notice of the initial hearing of

the application for land registration by means of (1)

publication; (2) mailing; and (3) posting.

1. By publication.

Upon receipt of the order of the court setting the time for

initial hearing, the Commissioner of Land Registration

shall cause notice of initial hearing to be published once

in the Official Gazette and once in a newspaper of general

circulation in the Philippines: Provided, however, that the

publication in the Official Gazette shall be sufficient to

confer jurisdiction upon the court. Said notice shall be

addressed to all persons appearing to have an interest in

the land involved including the adjoining owners so far as

known, and "to all whom it may concern". Said notice

shall also require all persons concerned to appear in court

at a certain date and time to show cause why the prayer

of said application shall not be granted.

2. By mailing.

(a) Mailing of notice to persons named in the application.

The Commissioner of Land Registration shall also, within

seven days after publication of said notice in the Official

Gazette, as hereinbefore provided, cause a copy of the

notice of initial hearing to be mailed to every person

named in the notice whose address is known.

(b) Mailing of notice to the Secretary of Public Highways,

the Provincial Governor and the Mayor. If the applicant

requests to have the line of a public way or road

determined, the Commissioner of Land Registration shall

cause a copy of said notice of initial hearing to be mailed

to the Secretary of Public Highways, to the Provincial

Governor, and to the Mayor of the municipality or city, as

the case may be, in which the land lies.

(c) Mailing of notice to the Secretary of Agrarian Reform,

the Solicitor General, the Director of Lands, the Director of

Public Works, the Director of Forest Development, the

Director of Mines and the Director of Fisheries and

Aquatic Resources. If the land borders on a river,

navigable stream or shore, or on an arm of the sea where

a river or harbor line has been established, or on a lake, or

if it otherwise appears from the application or the

proceedings that a tenant-farmer or the national

government may have a claim adverse to that of the

applicant, notice of the initial hearing shall be given in the

same manner to the Secretary of Agrarian Reform, the

Solicitor General, the Director of Lands, the Director of

Mines and/or the Director of Fisheries and Aquatic

Resources, as may be appropriate.

3. By posting.

The Commissioner of Land Registration shall also cause a

duly attested copy of the notice of initial hearing to be

posted by the sheriff of the province or city, as the case

may be, or by his deputy, in a conspicuous place on each

parcel of land included in the application and also in a

conspicuous place on the bulletin board of the municipal

building of the municipality or city in which the land or

portion thereof is situated, fourteen days at least before

the date of initial hearing.

The court may also cause notice to be served to such

other persons and in such manner as it may deem

proper.

The notice of initial hearing shall, in form, be substantially

as follows:

(Caption and Title)

NOTICE OF INITIAL HEARING

To (here insert the names of all persons appearing to

have an interest and the adjoining owners so far as

known, and to all whom it may concern):

An application (or petition) having been filed in the

above-entitled case by (full name and address) praying

for the registration and confirmation (or for the

settlement and adjudication, in case of petition in

cadastral proceedings) of title to the following

described lands:

(Insert description)

You are hereby served this notice to appear before this

Court at its session to be held at _________________ on the

______________ day of _______________, 19 ______, at

_____________ o'clock in the _________ then and there to

present such claims as you may have to said lands or

any portion thereof, and to submit evidence in support

of such claim; and unless you appear at said Court at

the time and place aforesaid, your default will be

recorded and the title to the lands will be adjudicated

and determined in accordance with law and the

evidence before the Court, and thereafter you will

forever be barred from contesting said application (or

petition) or any decree entered thereon.

Witness, the Hon. ________________________ Judge of the

Court of First Instance of _______ this _______ day of

_________________, in the year 19______.

Attest:

Commissioner of Land Registration

Section 24. Proof of publication and notice. The

certification of the Commissioner of Land Registration

and of the sheriff concerned to the effect that the notice

of initial hearing, as required by law, has been complied

with shall be filed in the case before the date of initial

hearing, and shall be conclusive proof of such fact.

Section 25. Opposition to application in ordinary

proceedings. Any person claiming an interest, whether

named in the notice or not, may appear and file an

opposition on or before the date of initial hearing, or

within such further time as may be allowed by the court.

The opposition shall state all the objections to the

application and shall set forth the interest claimed by the

party filing the same and apply for the remedy desired,

and shall be signed and sworn to by him or by some

other duly authorized person.

If the opposition or the adverse claim of any person

covers only a portion of the lot and said portion is not

properly delimited on the plan attached to the

application, or in case of undivided co-ownership,

169 of 186

conflicting claims of ownership or possession, or

overlapping of boundaries, the court may require the

parties to submit a subdivision plan duly approved by the

Director of Lands.

Section 26. Order of default; effect. If no person appears

and answers within the time allowed, the court shall,

upon motion of the applicant, no reason to the contrary

appearing, order a default to be recorded and require the

applicant to present evidence. By the description in the

notice "To all Whom It May Concern", all the world are

made parties defendant and shall be concluded by the

default order.

Where an appearance has been entered and an answer

filed, a default order shall be entered against persons

who did not appear and answer.

C. HEARING JUDGMENT AND DECREE OF REGISTRATION

Section 27. Speedy hearing; reference to a referee. The

trial court shall see to it that all registration-proceedings

are disposed or within ninety days from the date the case

is submitted for decision,

The Court, if it deems necessary, may refer the case or any

part thereof to a referee who shall hear the parties and

their evidence, and the referee shall submit his report

thereon to the Court within fifteen days after the

termination of such hearing. Hearing before a referee

may be held at any convenient place within the province

or city as may be fixed by him and after reasonable notice

thereof shall have been served the parties concerned. The

court may render judgment in accordance with the

report as though the facts have been found by the judge

himself: Provided, however, that the court may in its

discretion accept the report, or set it aside in whole or in

part, or order the case to be recommitted for further

proceedings:

Section 28. Partial judgment. In a case where only a

portion of the land subject of registration is contested,

the court may render partial judgment provided that a

subdivision plan showing the contested and uncontested

portions approved by the Director of Lands is previously

submitted to said court.

Section 29. Judgment confirming title. All conflicting

claims of ownership and interest in the land subject of

the application shall be determined by the court. If the

court, after considering the evidence and the reports of

the Commissioner of Land Registration and the Director

of Lands, finds that the applicant or the oppositor has

sufficient title proper for registration, judgment shall be

rendered confirming the title of the applicant, or the

oppositor, to the land or portions thereof.

Section 30. When judgment becomes final; duty to

cause issuance of decree. The judgment rendered in a

land registration proceedings becomes final upon the

expiration of thirty days to be counted from the data of

receipt of notice of the judgment. An appeal may be

taken from the judgment of the court as in ordinary civil

cases.

After judgment has become final and executory, it shall

devolve upon the court to forthwith issue an order in

accordance with Section 39 of this Decree to the

Commissioner for the issuance of the decree of

registration and the corresponding certificate of title in

favor of the person adjudged entitled to registration.

Section 31. Decree of registration. Every decree of

registration issued by the Commissioner shall bear the

date, hour and minute of its entry, and shall be signed by

him. It shall state whether the owner is married or

unmarried, and if married, the name of the husband or

wife: Provided, however, that if the land adjudicated by

the court is conjugal property, the decree shall be issued

in the name of both spouses. If the owner is under

disability, it shall state the nature of disability, and if a

minor, his age. It shall contain a description of the land as

finally determined by the court, and shall set forth the

estate of the owner, and also, in such manner as to show

their relative priorities, all particular estates, mortgages,

easements, liens, attachments, and other encumbrances,

including rights of tenant-farmers, if any, to which the

land or owner's estate is subject, as well as any other

matters properly to be determined in pursuance of this

Decree.

The decree of registration shall bind the land and quiet

title thereto, subject only to such exceptions or liens as

may be provided by law. It shall be conclusive upon and

against all persons, including the National Government

and all branches thereof, whether mentioned by name in

the application or notice, the same being included in the

general description "To all whom it may concern".

Section 32. Review of decree of registration; Innocent

purchaser for value. The decree of registration shall not

be reopened or revised by reason of absence, minority, or

other disability of any person adversely affected thereby,

nor by any proceeding in any court for reversing

judgments, subject, however, to the right of any person,

including the government and the branches thereof,

deprived of land or of any estate or interest therein by

such adjudication or confirmation of title obtained by

actual fraud, to file in the proper Court of First Instance a

petition for reopening and review of the decree of

registration not later than one year from and after the

date of the entry of such decree of registration, but in no

case shall such petition be entertained by the court

where an innocent purchaser for value has acquired the

land or an interest therein, whose rights may be

prejudiced. Whenever the phrase "innocent purchaser for

value" or an equivalent phrase occurs in this Decree, it

shall be deemed to include an innocent lessee,

mortgagee, or other encumbrancer for value.

Upon the expiration of said period of one year, the decree

of registration and the certificate of title issued shall

become incontrovertible. Any person aggrieved by such

decree of registration in any case may pursue his remedy

by action for damages against the applicant or any other

persons responsible for the fraud.

Section 33. Appeal from judgment, etc. The judgment

and orders of the court hearing the land registration case

are appealable to the Court of Appeals or to the Supreme

Court in the same manner as in ordinary actions:

Section 34. Rules of procedure. The Rules of Court shall,

insofar as not inconsistent with the provision of this

Decree, be applicable to land registration and cadastral

cases by analogy or in a suppletory character and

whenever practicable and convenient.

II. CADASTRAL REGISTRATION PROCEEDINGS

A. ORDER FOR SPEEDY SETTLEMENT AND

ADJUDICATION; SURVEY; NOTICES

Section 35. Cadastral Survey preparatory to filing of

petition.

(a) When in the opinion of the President of the

Philippines public interest so requires that title to any

unregistered lands be settled and adjudicated, he may to

this end direct and order the Director of Lands to cause to

be made a cadastral survey of the lands involved and the

plans and technical description thereof prepared in due

form.

(b) Thereupon, the Director of Lands shall give notice to

persons claiming any interest in the lands as well as to

the general public, of the day on which such survey will

begin, giving as fully and accurately as possible the

description of the lands to be surveyed. Such notice shall

be punished once in the Official Gazette, and a copy of

the notice in English or the national language shall be

posted in a conspicuous place on the bulletin board of

the municipal building of the municipality in which the

lands or any portion thereof is situated. A copy of the

notice shall also be sent to the mayor of such municipality

as well as to the barangay captain and likewise to the

170 of 186

Sangguniang Panlalawigan and the Sangguniang Bayan

concerned.

(c) The Geodetic Engineers or other employees of the

Bureau of Lands in charge of the survey shall give notice

reasonably in advance of the date on which the survey of

any portion of such lands is to begin, which notice shall

be posted in the bulletin board of the municipal building

of the municipality or barrio in which the lands are

situated, and shall mark the boundaries of the lands by

monuments set up in proper places thereon. It shall be

lawful for such Geodetic Engineers and other employees

to enter upon the lands whenever necessary for the

purposes of such survey or the placing of monuments.

(d) It shall be the duty of every person claiming an

interest in the lands to be surveyed, or in any parcel

thereof, to communicate with the Geodetic Engineer

upon his request therefor all information possessed by

such person concerning the boundary lines of any lands

to which he claims title or in which he claims any interest.

(e) Any person who shall willfully obstruct the making of

any survey undertaken by the Bureau of Lands or by a

licensed Geodetic Engineer duly authorized to conduct

the survey under this Section, or shall maliciously

interfere with the placing of any monument or remove

such monument, or shall destroy or remove any notice of

survey posted on the land pursuant to law, shall be

punished by a fine of not more than one thousand pesos

or by imprisonment for not more than one year, or both.

B. PETITION; LOT NUMBERS

Section 36. Petition for registration. When the lands have

been surveyed or plotted, the Director of Lands,

represented by the Solicitor General, shall institute

original registration proceedings by filing the necessary

petition in the Court of First Instance of the place where

the land is situated against the holders, claimants,

possessors, or occupants of such lands or any part

thereof, stating in substance that public interest requires

that the title to such lands be settled and adjudicated

and praying that such titles be so settled and

adjudicated:

The petition shall contain a description of the lands and

shall be accompanied by a plan thereof, and may contain

such other data as may serve to furnish full notice to the

occupants of the lands and to all persons who may claim

any right or interest therein.

Where the land consists of two or more parcels held or

occupied by different persons, the plan shall indicate the

boundaries or limits of the various parcels as accurately as

possible. The parcels shall be known as "lots" and shall on

the plan filed in the case be given separate numbers by

the Director of Lands, which numbers shall be known as

"cadastral lot numbers". The lots situated within each

municipality shall, as far as practicable, be numbered

consecutively beginning with number "one", and only one

series of numbers shall be used for that purpose in each

municipality. However in cities or townsites, a designation

of the landholdings by blocks and lot numbers may be

employed instead of the designation by cadastral lot

numbers.

The cadastral number of a lot shall not be changed after

final decision has been entered decreasing the

registration thereof, except by order of court. Future

subdivisions of any lot shall be designated by a letter or

letters of the alphabet added to the cadastral number of

the lot to which the respective subdivisions pertain. The

letter with which a subdivision is designated shall be

known as its "cadastral letter": Provided, however, that the

subdivisions of cities or townsites may be designated by

blocks and lot numbers.

C. ANSWER

Section 37. Answer to petition in cadastral proceedings.

Any claimant in cadastral proceedings, whether named in

the notice or not, shall appear before the court by himself

or by some other authorized person in his behalf, and

shall file an answer on or before the date of initial hearing

or within such further time as may be allowed by the

court. The answer shall be signed and sworn to by the

claimant or by some other authorized person in his

behalf, and shall state whether the claimant is married or

unmarried, and if married, the name of the spouse and

the date of marriage, his nationality, residence and postal

address, and shall also contain:

(a) The age of the claimant;

(b) The cadastral number of the lot or lots claimed, as

appearing on the plan filed in the case by the Director of

Lands, or the block and lot numbers, as the case may be;

(c) The name of the barrio and municipality in which the

lots are situated;

(d) The names and addresses of the owners of the

adjoining lots so far as known to the claimant;

(e) If the claimant is in possession of the lots claimed and

can show no express grant of the land by the government

to him or to his predecessors-in-interest, the answer shall

state the length of time he has held such possession and

the manner in which it has been acquired, and shall also

state the length of time, as far as known, during which

the predecessors, if any, held possession;

(f) If the claimant is not in possession or occupation of the

land, the answer shall fully set forth the interest claimed

by him and the time and manner of his acquisition;

(g) if the lots have been assessed for taxation, their last

assessed value; and

(h) The encumbrances, if any, affecting the lots and the

names of adverse claimants, as far as known.

D. HEARING; JUDGMENT; DECREE

Section 38. Hearing, Judgment, Decree. The trial of the

case may occur at any convenient place within the

province in which the lands are situated and shall be

conducted, and orders for default and confessions

entered, in the same manner as in ordinary land

registration proceedings and shall be governed by the

same rules. All conflicting interests shall be adjudicated

by the court and decrees awarded in favor of the persons

entitled to the lands or to parts thereof and such decrees

shall be the basis for issuance of original certificates of

title in favor of said persons and shall have the same

effect as certificates of title granted on application for

registration of land under ordinary land registration

proceedings.

CHAPTER IV CERTIFICATE OF TITLE

Section 39. Preparation of decree and Certificate of Title.

After the judgment directing the registration of title to

land has become final, the court shall, within fifteen days

from entry of judgment, issue an order directing the

Commissioner to issue the corresponding decree of

registration and certificate of title. The clerk of court shall

send, within fifteen days from entry of judgment,

certified copies of the judgment and of the order of the

court directing the Commissioner to issue the

corresponding decree of registration and certificate of

title, and a certificate stating that the decision has not

been amended, reconsidered, nor appealed, and has

become final. Thereupon, the Commissioner shall cause

to be prepared the decree of registration as well as the

original and duplicate of the corresponding original

certificate of title. The original certificate of title shall be a

true copy of the decree of registration. The decree of

registration shall be signed by the Commissioner, entered

and filed in the Land Registration Commission. The

original of the original certificate of title shall also be

signed by the Commissioner and shall be sent, together

with the owner's duplicate certificate, to the Register of

Deeds of the city or province where the property is

situated for entry in his registration book.

171 of 186

Section 40. Entry of Original Certificate of Title. Upon

receipt by the Register of Deeds of the original and

duplicate copies of the original certificate of title the

same shall be entered in his record book and shall be

numbered, dated, signed and sealed by the Register of

Deeds with the seal of his office. Said certificate of title

shall take effect upon the date of entry thereof. The

Register of Deeds shall forthwith send notice by mail to

the registered owner that his owner's duplicate is ready

for delivery to him upon payment of legal fees.

Section 41. Owner's duplicate certificate of title. The

owner's duplicate certificate of title shall be delivered to

the registered owner or to his duly authorized

representative. If two or more persons are registered

owners, one owner's duplicate certificate may be issued

for the whole land, or if the co-owners so desire, a

separate duplicate may be issued to each of them in like

form, but all outstanding certificates of title so issued

shall be surrendered whenever the Register of Deeds

shall register any subsequent voluntary transaction

affecting the whole land or part thereof or any interest

therein. The Register of Deeds shall note on each

certificate of title a statement as to whom a copy thereof

was issued.

Section 42. Registration Books. The original copy of the

original certificate of title shall be filed in the Registry of

Deeds. The same shall be bound in consecutive order

together with similar certificates of title and shall

constitute the registration book for titled properties.

Section 43. Transfer Certificate of Title. The subsequent

certificate of title that may be issued by the Register of

Deeds pursuant to any voluntary or involuntary

instrument relating to the same land shall be in like form,

entitled "Transfer Certificate of Title", and likewise issued

in duplicate. The certificate shall show the number of the

next previous certificate covering the same land and also

the fact that it was originally registered, giving the record

number, the number of the original certificate of title,

and the volume and page of the registration book in

which the latter is found.

Section 44. Statutory liens affecting title. Every

registered owner receiving a certificate of title in

pursuance of a decree of registration, and every

subsequent purchaser of registered land taking a

certificate of title for value and in good faith, shall hold

the same free from all encumbrances except those noted

in said certificate and any of the following encumbrances

which may be subsisting, namely:

First. Liens, claims or rights arising or existing under

the laws and Constitution of the Philippines which are

not by law required to appear of record in the Registry of

Deeds in order to be valid against subsequent purchasers

or encumbrancers of record.

Second.Unpaid real estate taxes levied and assessed

within two years immediately preceding the acquisition

of any right over the land by an innocent purchaser for

value, without prejudice to the right of the government to

collect taxes payable before that period from the

delinquent taxpayer alone.

Third. Any public highway or private way established or

recognized by law, or any government irrigation canal or

lateral thereof, if the certificate of title does not state that

the boundaries of such highway or irrigation canal or

lateral thereof have been determined.

Fourth. Any disposition of the property or limitation on

the use thereof by virtue of, or pursuant to, Presidential

Decree No. 27 or any other law or regulations on agrarian

reform.

Section 45. Statement of personal circumstances in the

certificate. Every certificate of title shall set forth the full

names of all persons whose interests make up the full

ownership in the whole land, including their civil status,

and the names of their respective spouses, if married, as

well as their citizenship, residence and postal address. If

the property covered belongs to the conjugal partnership,

it shall be issued in the names of both spouses.

Section 46. General incidents of registered land.

Registered land shall be subject to such burdens and

incidents as may arise by operation of law. Nothing

contained in this decree shall in any way be construed to

relieve registered land or the owners thereof from any

rights incident to the relation of husband and wife,

landlord and tenant, or from liability to attachment or

levy on execution, or from liability to any lien of any

description established by law on the land and the

buildings thereon, or on the interest of the owner in such

land or buildings, or to change the laws of descent, or the

rights of partition between co-owners, or the right to take

the same by eminent domain, or to relieve such land

from liability to be recovered by an assignee in insolvency

or trustee in bankcruptcy under the laws relative to

preferences, or to change or affect in any way other rights

or liabilities created by law and applicable to unregistered

land, except as otherwise provided in this Decree.

Section 47. Registered land not subject to prescriptions.

No title to registered land in derogation of the title of the

registered owner shall be acquired by prescription or

adverse possession.

Section 48. Certificate not subject to collateral attack. A

certificate of title shall not be subject to collateral attack.

It cannot be altered, modified, or canceled except in a

direct proceeding in accordance with law.

Section 49. Splitting, or consolidation of titles. A

registered owner of several distinct parcels of land

embraced in and covered by a certificate of title desiring

in lieu thereof separate certificates, each containing one

or more parcels, may file a written request for that

purpose with the Register of Deeds concerned, and the

latter, upon the surrender of the owner's duplicate, shall

cancel it together with its original and issue in lieu thereof

separate certificates as desired. A registered owner of

several distinct parcels of land covered by separate

certificates of title desiring to have in lieu thereof a single

certificate for the whole land, or several certificates for

the different parcels thereof, may also file a written

request with the Register of Deeds concerned, and the

latter, upon the surrender of the owner's duplicates, shall

cancel them together with their originals, and issue in

lieu thereof one or separate certificates as desired.

Section 50. Subdivision and consolidation plans. Any

owner subdividing a tract of registered land into lots

which do not constitute a subdivision project has defined

and provided for under P.D. No. 957, shall file with the

Commissioner of Land Registration or with the Bureau of

Lands a subdivision plan of such land on which all

boundaries, streets, passageways and waterways, if any,

shall be distinctly and accurately delineated.

If a subdivision plan, be it simple or complex, duly

approved by the Commissioner of Land Registration or

the Bureau of Lands together with the approved

technical descriptions and the corresponding owner's

duplicate certificate of title is presented for registration,

the Register of Deeds shall, without requiring further

court approval of said plan, register the same in

accordance with the provisions of the Land Registration

Act, as amended: Provided, however, that the Register of

Deeds shall annotate on the new certificate of title

covering the street, passageway or open space, a

memorandum to the effect that except by way of

donation in favor of the national government, province,

city or municipality, no portion of any street, passageway,

waterway or open space so delineated on the plan shall

be closed or otherwise disposed of by the registered

owner without the approval of the Court of First Instance

of the province or city in which the land is situated.

A registered owner desiring to consolidate several lots

into one or more, requiring new technical descriptions,

shall file with the Land Registration Commission, a

consolidation plan on which shall be shown the lots to be

affected, as they were before, and as they will appear after

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the consolidation. Upon the surrender of the owner's

duplicate certificates and the receipt of consolidation

plan duty approved by the Commission, the Register of

Deeds concerned shall cancel the corresponding

certificates of title and issue a new one for the

consolidated lots.

The Commission may not order or cause any change,

modification, or amendment in the contents of any

certificate of title, or of any decree or plan, including the

technical description therein, covering any real property

registered under the Torrens system, nor order the

cancellation of the said certificate of title and the

issuance of a new one which would result in the

enlargement of the area covered by the certificate of title.

CHAPTER V SUBSEQUENT REGISTRATION

I. VOLUNTARY DEALINGS WITH REGISTERED

LANDS

GENERAL PROVISIONS

Section 51. Conveyance and other dealings by registered

owner. An owner of registered land may convey,

mortgage, lease, charge or otherwise deal with the same

in accordance with existing laws. He may use such forms

of deeds, mortgages, leases or other voluntary

instruments as are sufficient in law. But no deed,

mortgage, lease, or other voluntary instrument, except a

will purporting to convey or affect registered land shall

take effect as a conveyance or bind the land, but shall

operate only as a contract between the parties and as

evidence of authority to the Register of Deeds to make

registration.

The act of registration shall be the operative act to convey

or affect the land insofar as third persons are concerned,

and in all cases under this Decree, the registration shall

be made in the office of the Register of Deeds for the

province or city where the land lies.

Section 52. Constructive notice upon registration. Every

conveyance, mortgage, lease, lien, attachment, order,

judgment, instrument or entry affecting registered land

shall, if registered, filed or entered in the office of the

Register of Deeds for the province or city where the land

to which it relates lies, be constructive notice to all

persons from the time of such registering, filing or

entering.

Section 53. Presentation of owner's duplicate upon entry

of new certificate. No voluntary instrument shall be

registered by the Register of Deeds, unless the owner's

duplicate certificate is presented with such instrument,

except in cases expressly provided for in this Decree or

upon order of the court, for cause shown.

The production of the owner's duplicate certificate,

whenever any voluntary instrument is presented for

registration, shall be conclusive authority from the

registered owner to the Register of Deeds to enter a new

certificate or to make a memorandum of registration in

accordance with such instrument, and the new

certificate or memorandum shall be binding upon the

registered owner and upon all persons claiming under

him, in favor of every purchaser for value and in good

faith.

In all cases of registration procured by fraud, the owner

may pursue all his legal and equitable remedies against

the parties to such fraud without prejudice, however, to

the rights of any innocent holder for value of a certificate

of title. After the entry of the decree of registration on the

original petition or application, any subsequent

registration procured by the presentation of a forged

duplicate certificate of title, or a forged deed or other

instrument, shall be null and void.

Section 54. Dealings less than ownership, how

registered. No new certificate shall be entered or issued

pursuant to any instrument which does not divest the

ownership or title from the owner or from the transferee

of the registered owners. All interests in registered land

less than ownership shall be registered by filing with the

Register of Deeds the instrument which creates or

transfers or claims such interests and by a brief

memorandum thereof made by the Register of Deeds

upon the certificate of title, and signed by him. A similar

memorandum shall also be made on the owner's

duplicate. The cancellation or extinguishment of such

interests shall be registered in the same manner.

Section 55. Grantee's name, nationality, etc., to be stated.

Every deed or other voluntary instrument presented for

registration shall contain or have endorsed upon it the full

name, nationality, residence and postal address of the

grantee or other person acquiring or claiming an interest

under such instrument, and every deed shall also state

whether the grantee is married or unmarried, and if

married, the name in full of the husband or wife. If the

grantee is a corporation or association, the instrument

must contain a recital to show that such corporation or

association is legally qualified to acquire private lands.

Any change in the residence or postal address of such

person shall be endorsed by the Register of Deeds on the

original copy of the corresponding certificate of title,

upon receiving a sworn statement of such change. All

names and addresses shall also be entered on all

certificates.

Notices and processed issued in relation to registered

land in pursuance of this Decree may be served upon any

person in interest by mailing the same to the addresses

given, and shall be binding, whether such person resides

within or without the Philippines, but the court may, in its

discretion, require further or other notice to be given in

any case, if in its opinion the interest of justice so requires.

Section 56. Primary Entry Book; fees; certified copies.

Each Register of Deeds shall keep a primary entry book in

which, upon payment of the entry fee, he shall enter, in

the order of their reception, all instruments including

copies of writs and processes filed with him relating to

registered land. He shall, as a preliminary process in

registration, note in such book the date, hour and minute

of reception of all instruments, in the order in which they

were received. They shall be regarded as registered from

the time so noted, and the memorandum of each

instrument, when made on the certificate of title to

which it refers, shall bear the same date: Provided, that

the national government as well as the provincial and city

governments shall be exempt from the payment of such

fees in advance in order to be entitled to entry and

registration.

Every deed or other instrument, whether voluntary or

involuntary, so filed with the Register of Deeds shall be

numbered and indexed and endorsed with a reference to

the proper certificate of title. All records and papers

relative to registered land in the office of the Register of

Deeds shall be open to the public in the same manner as

court records, subject to such reasonable regulations as

the Register of Deeds, under the direction of the

Commissioner of Land Registration, may prescribe.

All deeds and voluntary instruments shall be presented

with their respective copies and shall be attested and

sealed by the Register of Deeds, endorsed with the file

number, and copies may be delivered to the person

presenting them.

Certified copies of all instruments filed and registered

may also be obtained from the Register of Deeds upon

payment of the prescribed fees.

(A) CONVEYANCES AND TRANSFERS

Section 57. Procedure in registration of conveyances. An

owner desiring to convey his registered land in fee simple

shall execute and register a deed of conveyance in a form

sufficient in law. The Register of Deeds shall thereafter

make out in the registration book a new certificate of title

to the grantee and shall prepare and deliver to him an

owner's duplicate certificate. The Register of Deeds shall

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note upon the original and duplicate certificate the date

of transfer, the volume and page of the registration book

in which the new certificate is registered and a reference

by number to the last preceding certificate. The original

and the owner's duplicate of the grantor's certificate shall

be stamped "canceled". The deed of conveyance shall be

filled and indorsed with the number and the place of

registration of the certificate of title of the land conveyed.

Section 58. Procedure where conveyance involves

portion of land. If a deed or conveyance is for a part only

of the land described in a certificate of title, the Register

of Deeds shall not enter any transfer certificate to the

grantee until a plan of such land showing all the portions

or lots into which it has been subdivided and the

corresponding technical descriptions shall have been

verified and approved pursuant to Section 50 of this

Decree. Meanwhile, such deed may only be annotated by

way of memorandum upon the grantor's certificate of

title, original and duplicate, said memorandum to serve

as a notice to third persons of the fact that certain

unsegregated portion of the land described therein has

been conveyed, and every certificate with such

memorandum shall be effectual for the purpose of

showing the grantee's title to the portion conveyed to

him, pending the actual issuance of the corresponding

certificate in his name.

Upon the approval of the plan and technical descriptions,

the original of the plan, together with a certified copy of

the technical descriptions shall be filed with the Register

of Deeds for annotation in the corresponding certificate

of title and thereupon said officer shall issue a new

certificate of title to the grantee for the portion conveyed,

and at the same time cancel the grantor's certificate

partially with respect only to said portion conveyed, or, if

the grantor so desires, his certificate may be canceled

totally and a new one issued to him describing therein

the remaining portion: Provided, however, that pending

approval of said plan, no further registration or

annotation of any subsequent deed or other voluntary

instrument involving the unsegregated portion conveyed

shall be effected by the Register of Deeds, except where

such unsegregated portion was purchased from the

Government or any of its instrumentalities. If the land has

been subdivided into several lots, designated by numbers

or letters, the Register of Deeds may, if desired by the

grantor, instead of canceling the latter's certificate and

issuing a new one to the same for the remaining

unconveyed lots, enter on said certificate and on its

owner's duplicate a memorandum of such deed of

conveyance and of the issuance of the transfer certificate

to the grantee for the lot or lots thus conveyed, and that

the grantor's certificate is canceled as to such lot or lots.

Section 59. Carry over of encumbrances. If, at the time of

any transfer, subsisting encumbrances or annotations

appear in the registration book, they shall be carried over

and stated in the new certificate or certificates; except so

far as they may be simultaneously released or discharged.

(B) MORTGAGES AND LEASES

Section 60. Mortgage or lease of registered land.

Mortgage and leases shall be registered in the manner

provided in Section 54 of this Decree. The owner of

registered land may mortgage or lease it by executing

the deed in a form sufficient in law. Such deed of

mortgage or lease and all instruments which assign,

extend, discharge or otherwise deal with the mortgage or

lease shall be registered, and shall take effect upon the

title only from time of registration.

No mortgagee's or lessee's duplicate certificate of title

shall hereafter be issued by the Registers of Deeds, and

those issued prior to the effectivity of this Decree are

hereby deemed canceled and the holders thereof shall

immediately surrender the same to the Register of Deeds

concerned.

Section 61. Registration. Upon presentation for

registration of the deed of mortgage or lease together

with the owner's duplicate, the Register of Deeds shall

enter upon the original of the certificate of title and also

upon the owner's duplicate certificate a memorandum

thereof, the date and time of filing and the file number

assigned to the deed, and shall sign the said

memorandum. He shall also note on the deed the date

and time of filing and a reference to the volume and page

of the registration book in which it is registered.

Section 62. Discharge or cancellation. A mortgage or

lease on registered land may be discharge or canceled by

means of an instrument executed by the mortgage or

lessee in a form sufficient in law, which shall be filed with

the Register of Deeds who shall make the appropriate

memorandum upon the certificate of title.

Section 63. Foreclosure of Mortgage. (a) If the mortgage

was foreclosed judicially, a certified copy of the final order

of the court confirming the sale shall be registered with

the Register of Deeds. If no right of redemption exists, the

certificate of title of the mortgagor shall be canceled, and

a new certificate issued in the name of the purchaser.

Where the right of redemption exists, the certificate of

title of the mortgagor shall not be canceled, but the

certificate of sale and the order confirming the sale shall

be registered by a brief memorandum thereof made by

the Register of Deeds upon the certificate of title. In the

event the property is redeemed, the certificate or deed of

redemption shall be filed with the Register of Deeds, and

a brief memorandum thereof shall be made by the

Register of Deeds on the certificate of title of the

mortgagor.

If the property is not redeemed, the final deed of sale

executed by the sheriff in favor of the purchaser at a

foreclosure sale shall be registered with the Register of

Deeds; whereupon the title of the mortgagor shall be

canceled, and a new certificate issued in the name of the

purchaser.

(b) If the mortgage was foreclosed extrajudicially, a

certificate of sale executed by the officer who conducted

the sale shall be filed with the Register of Deeds who

shall make a brief memorandum thereof on the

certificate of title.

In the event of redemption by the mortgagor, the same

rule provided for in the second paragraph of this section

shall apply.

In case of non-redemption, the purchaser at foreclosure

sale shall file with the Register of Deeds, either a final

deed of sale executed by the person authorized by virtue

of the power of attorney embodied in the deed of

mortgage, or his sworn statement attesting to the fact of

non-redemption; whereupon, the Register of Deeds shall

issue a new certificate in favor of the purchaser after the

owner's duplicate of the certificate has been previously

delivered and canceled.

(C) POWERS OF ATTORNEY; TRUSTS

Section 64. Power of attorney. Any person may, by power

of attorney, convey or otherwise deal with registered land

and the same shall be registered with the Register of

Deeds of the province or city where the land lies. Any

instrument revoking such power of attorney shall be

registered in like manner.

Section 65. Trusts in registered land. If a deed or other

instrument is filed in order to transfer registered land in

trust, or upon any equitable condition or limitation

expressed therein, or to create or declare a trust or other

equitable interests in such land without transfer, the

particulars of the trust, condition, limitation or other

equitable interest shall not be entered on the certificate;

but only a memorandum thereof shall be entered by the

words "in trust", or "upon condition", or other apt words,

and by a reference by number to the instrument

authorizing or creating the same. A similar memorandum

shall be made upon the original instrument creating or

declaring the trust or other equitable interest with a

reference by number to the certificate of title to which it

174 of 186

relates and to the volume and page in the registration

book in which it is registered.

Section 66. Trust with power of sale, etc., how expressed.

If the instrument creating or declaring a trust or other

equitable interest contains an express power to sell,

mortgage or deal with the land in any manner, such

power shall be stated in the certificate of title by the

words "with power to sell", or "power to mortgage", or by

apt words of description in case of other powers. No

instrument which transfers, mortgages or in any way

deals with registered land in trust shall be registered,

unless the enabling power thereto is expressly conferred

in the trust instrument, or unless a final judgment or

order of a court of competent jurisdiction has construed

the instrument in favor of the power, in which case a

certified copy of such judgment or order may be

registered.

Section 67. Judicial appointment of new trustee. If a new

trustee of registered land is appointed by a court of

competent jurisdiction, a new certificate may be issued to

him upon presentation to the Register of Deeds of a

certified copy of the order or judicial appointment and

the surrender for cancellation of the duplicate certificate.

Section 68. Implied, trusts, how established. Whoever

claims an interest in registered land by reason of any

implied or constructive trust shall file for registration with

the Register of Deeds a sworn statement thereof

containing a description of the land, the name of the

registered owner and a reference to the number of the

certificate of title. Such claim shall not affect the title of a

purchaser for value and in good faith before its

registration.

II. INVOLUNTARY DEALINGS

Section 69. Attachments. An attachment, or a copy of

any writ, order or process issued by a court of record,

intended to create or preserve any lien, status, right, or

attachment upon registered land, shall be filed and

registered in the Registry of Deeds for the province or city

in which the land lies, and, in addition to the particulars

required in such papers for registration, shall contain a

reference to the number of the certificate of title to be

affected and the registered owner or owners thereof, and

also if the attachment, order, process or lien is not

claimed on all the land in any certificate of title a

description sufficiently accurate for identification of the

land or interest intended to be affected. A restraining

order, injunction or mandamus issued by the court shall

be entered and registered on the certificate of title

affected, free of charge.

Section 70. Adverse claim. Whoever claims any part or

interest in registered land adverse to the registered

owner, arising subsequent to the date of the original

registration, may, if no other provision is made in this

Decree for registering the same, make a statement in

writing setting forth fully his alleged right or interest, and

how or under whom acquired, a reference to the number

of the certificate of title of the registered owner, the

name of the registered owner, and a description of the

land in which the right or interest is claimed.

The statement shall be signed and sworn to, and shall

state the adverse claimant's residence, and a place at

which all notices may be served upon him. This

statement shall be entitled to registration as an adverse

claim on the certificate of title. The adverse claim shall be

effective for a period of thirty days from the date of

registration. After the lapse of said period, the annotation

of adverse claim may be canceled upon filing of a verified

petition therefor by the party in interest: Provided,

however, that after cancellation, no second adverse claim

based on the same ground shall be registered by the

same claimant.

Before the lapse of thirty days aforesaid, any party in

interest may file a petition in the Court of First Instance

where the land is situated for the cancellation of the

adverse claim, and the court shall grant a speedy hearing

upon the question of the validity of such adverse claim,

and shall render judgment as may be just and equitable.

If the adverse claim is adjudged to be invalid, the

registration thereof shall be ordered canceled. If, in any

case, the court, after notice and hearing, shall find that

the adverse claim thus registered was frivolous, it may

fine the claimant in an amount not less than one

thousand pesos nor more than five thousand pesos, in its

discretion. Before the lapse of thirty days, the claimant

may withdraw his adverse claim by filing with the

Register of Deeds a sworn petition to that effect.

Section 71. Surrender of certificate in involuntary

dealings. If an attachment or other lien in the nature of

involuntary dealing in registered land is registered, and

the duplicate certificate is not presented at the time of

registration, the Register of Deeds shall, within thirty-six

hours thereafter, send notice by mail to the registered

owner, stating that such paper has been registered, and

requesting him to send or produce his duplicate

certificate so that a memorandum of the attachment or

other lien may be made thereon. If the owner neglects or

refuses to comply within a reasonable time, the Register

of Deeds shall report the matter to the court, and it shall,

after notice, enter an order to the owner, to produce his

certificate at a time and place named therein, and may

enforce the order by suitable process.

Section 72. Dissolution, etc. of attachments, etc.

Attachments and liens of every description upon

registered land shall be continued, reduced, discharged

and dissolved by any method sufficient in law, and to give

effect to the continuance, reduction, discharge or

dissolution thereof the certificate or other instrument for

that purpose shall be registered with the Register of

Deeds.

Section 73. Registration of orders of court, etc. If an

attachment is continued, reduced, dissolved, or otherwise

affected by an order, decision or judgment of the court

where the action or proceedings in which said

attachment was made is pending or by an order of a

court having jurisdiction thereof, a certificate of the entry

of such order, decision or judgment from the clerk of

court or the judge by which such decision, order or

judgment has been rendered and under the seal of the

court, shall be entitled to be registered upon presentation

to the Register of Deeds.

Section 74. Enforcement of liens on registered land.

Whenever registered land is solved on execution, or taken

or sold for taxes or for any assessment or to enforce a lien

of any character, or for any costs and charges incident to

such liens, any execution or copy of execution, any

officer's return, or any deed, demand, certificate, or

affidavit, or other instrument made in the course of the

proceedings to enforce such liens and required by law to

be recorded, shall be filed with the Register of Deeds of

the province or city where the land lies and registered in

the registration book, and a memorandum made upon

the proper certificate of title in each case as lien or

encumbrance.

Section 75. Application for new certificate upon

expiration of redemption period. Upon the expiration of

the time, if any, allowed by law for redemption after

registered land has been sold on execution taken or sold

for the enforcement of a lien of any description, except a

mortgage lien, the purchaser at such sale or anyone

claiming under him may petition the court for the entry

of a new certificate of title to him.

Before the entry of a new certificate of title, the registered

owner may pursue all legal and equitable remedies to

impeach or annul such proceedings.

Section 76. Notice of lis pendens. No action to recover

possession of real estate, or to quiet title thereto, or to

remove clouds upon the title thereof, or for partition, or

other proceedings of any kind in court directly affecting

the title to land or the use or occupation thereof or the

buildings thereon, and no judgment, and no proceeding

175 of 186

to vacate or reverse any judgment, shall have any effect

upon registered land as against persons other than the

parties thereto, unless a memorandum or notice stating

the institution of such action or proceeding and the court

wherein the same is pending, as well as the date of the

institution thereof, together with a reference to the

number of the certificate of title, and an adequate

description of the land affected and the registered owner

thereof, shall have been filed and registered.

Section 77. Cancellation of lis pendens. Before final

judgment, a notice of lis pendens may be canceled upon

order of the court, after proper showing that the notice is

for the purpose of molesting the adverse party, or that it

is not necessary to protect the rights of the party who

caused it to be registered. It may also be canceled by the

Register of Deeds upon verified petition of the party who

caused the registration thereof.

At any time after final judgment in favor of the

defendant, or other disposition of the action such as to

terminate finally all rights of the plaintiff in and to the

land and/or buildings involved, in any case in which a

memorandum or notice of lis pendens has been

registered as provided in the preceding section, the

notice of lis pendens shall be deemed canceled upon the

registration of a certificate of the clerk of court in which

the action or proceeding was pending stating the

manner of disposal thereof.

CHAPTER VI REGISTRATION OF JUDGMENTS;

ORDERS; PARTITIONS

Section 78. Judgment for Plaintiff. Whenever in any

action to recover possession or ownership of real estate or

any interest therein affecting registered land judgment is

entered for the plaintiff, such judgment shall be entitled

to registration on presentation of a certificate of the entry

thereof from the clerk of court where the action is

pending to the Register of Deeds for the province or city

where the land lies, who shall enter a memorandum

upon the certificate of title of the land to which such

judgment relates. If the judgment does not apply to all

the land described in the certificate of title, the certificate

of the clerk of the court where the action is pending and

the memorandum entered by the Register of Deeds shall

contain a description of the land affected by the

judgment.

Section 79. Judgment adjudicating ownership. When in

any action to recover the ownership of real estate or an

interest therein execution has been issued in favor of the

plaintiff, the latter shall be entitled to the entry of a new

certificate of title and to the cancellation of the original

certificate and owner's duplicate of the former registered

owner. If the registered owner neglects or refuses within

a reasonable time after request of the plaintiff to produce

his duplicate certificate in order that the same may be

canceled, the court shall, on application and after notice,

enter an order to the owner to produce his certificate at

the time and place designated, and may enforce the

order by suitable process.

Section 80. Execution of deed by virtue of judgment.

Every court rendering judgment in favor of the plaintiff

affecting registered land shall, upon petition of said

plaintiff, order and parties before it to execute for

registration any deed or instrument necessary to give

effect to the judgment, and shall require the registered

owner to deliver his duplicate certificate to the plaintiff or

to the Register of Deeds to be canceled or to have a

memorandum annotated upon it. In case the person

required to execute any deed or other instrument

necessary to give effect to the judgment is absent from

the Philippines, or is a minor, or insane, or for any reason

not amenable to the process of the court rendering the

judgment, said court may appoint a suitable person as

trustee to execute such instrument which, when

executed, shall be entitled to registration.

Section 81. Judgment of partition. In proceedings for

partition of registered land, after the entry of the final

judgment of partition, a copy of such final judgment,

certified by the clerk of the court rendering the same,

shall be filed and registered; thereupon, if the land is set

of to the owners in severalty, each owner shall be entitled

to have his certificate entered showing the share set off

to him in severalty, and to receive an owner's duplicate

thereof.

If the land is ordered by the court to be sold, the

purchaser or his assigns shall be entitled to certificate of

title entered in his or their favor upon presenting a

certified copy of the judgment confirming the sale.

In case the land is ordered by the court to be assigned to

one of the parties upon payment to the others of the sum

ordered by the court, the party to whom the land is thus

assigned shall be entitled to have a certificate of title

entered in his favor upon presenting a certified copy of

the judgment: Provided, however, that any new

certificate entered in pursuance of partition proceedings,

whether by way of set-off or of assignment or of sale, shall

contain a reference memorandum to the final judgment

of partition, and shall be conclusive as to the title to the

same extent and against the same persons as such

judgment is made conclusive by the laws applicable

thereto: and provided, further, that any person holding

such certificate of title or a transfer thereof shall have the

right to petition the court at any time to cancel the

memorandum relating to such judgment or order and

the court, after notice and hearing, may grant the

petition. Such certificate shall thereafter be conclusive in

the same manner and to the same extent as other

certificates of title.

Section 82. Registration of prior registered mortgaged or

lease on partitioned property. If a certified copy of a final

judgment or decree of partition is presented and it

appears that a mortgage or lease affecting a specific

portion or an undivided share of the premises had

previously been registered, the Register of Deeds shall

carry over such encumbrance on the certificate of title

that may be issued.

Section 83. Notice of insolvency. Whenever proceeding in

bankruptcy or insolvency, or analogous proceedings, are

instituted against a debtor who owns registered land, it

shall be the duty of the officer serving the notice of the

institution of such proceedings on the debtor to file a

copy thereof with the office of the Register of Deeds for

the province or city where the land of the debtor lies. The

assignee or trustee appointed by the court in such

proceedings shall be entitled to the entry of a new

certificate of the registered land of the debtor or

bankrupt, upon presenting and filing a certified copy of

the assignment in insolvency or order or adjudication in

bankruptcy with the insolvent's or bankrupt's duplicate

certificate of title; but the new certificate shall state that

it is entered to him as assignee in insolvency or trustee in

bankruptcy or other proceedings, as the case may be.

Section 84. Judgment or order vacating insolvency

proceedings. Whenever any of the proceedings of the

character named in the preceding section against a

registered owner, of which notice has been registered, is

vacated by judgment, a certified copy of the judgment or

order may be registered. Where a new certificate has

been entered in the name of the assignee or trustee, such

certificate shall be surrendered for cancellation and

forthwith the debtor shall be entitled to the entry of a

new certificate to him.

Section 85. Land taken by eminent domain. Whenever

any registered land, or interest therein, is expropriated or

taken by eminent domain, the National Government,

province, city, municipality, or any other agency or

instrumentality exercising such right shall file for

registration in the proper Registry a certified copy of the

judgment which shall state definitely, by an adequate

description, the particular property or interest

expropriated, the number of the certificate of title, and

the nature of the public use. A memorandum of the right

176 of 186

or interest taken shall be made on each certificate of title

by the Register of Deeds, and where the fee simple title is

taken, a new certificate shall be issued in favor of the

National Government, province, city, municipality, or any

other agency or instrumentality exercising such right for

the land so taken. The legal expenses incident to the

memorandum of registration or issuances incident to the

memorandum of registration or issuance of a new

certificate shall be for the account of the authority taking

the land or interest therein.

Section 86. Extrajudicial settlement of estate. When a

deed of extrajudicial settlement has been duly registered,

the Register of Deeds shall annotate on the proper title

the two-year lien mentioned in Section 4 of Rule 74 of the

Rules of Court. Upon the expiration of the two-year period

and presentation of a verified petition by the registered

heirs, devisees or legatees or any other party in interest

that no claim or claims of any creditor, heir or other

person exist, the Register of Deeds shall cancel the

two-year lien noted on the title without the necessity of a

court order. The verified petition shall be entered in the

Primary Entry Book and a memorandum thereof made

on the title.

No deed of extrajudicial settlement or affidavit of

adjudication shall be registered unless the fact of

extrajudicial settlement or adjudication is published once

a week for three consecutive weeks in a newspaper of

general circulation in the province and proof thereof is

filed with the Register of Deeds. The proof may consist of

the certification of the publisher, printer, his foreman or

principal clerk, or of the editor, business or advertising

manager of the newspaper concerned, or a copy of each

week's issue of the newspaper wherein the publication

appeared.

Section 87. Filing of letters of administration and will.

Before the executor or administrator of the estate of a

deceased owner of registered land may deal with the

same, he shall file with the office of the Register of Deeds

a certified copy of his letters of administration or if there

is a will, a certified copy thereof and the order allowing

the same, together with the letters testamentary or of

administration with the will annexed, as the case may be,

and shall produce the duplicate certificate of title, and

thereupon the Register of Deeds shall enter upon the

certificate a memorandum thereof, making reference to

the letters and/or will by their file number, and the date of

filing the same.

Section 88. Dealings by administering subject to court

approval. After a memorandum of the will, if any, and

order allowing the same, and letters testamentary or

letters of administration have been entered upon the

certificate of title as hereinabove provided, the executor

or administrator may alienate or encumber registered

land belonging to the estate, or any interest therein, upon

approval of the court obtained as provided by the Rules of

Court.

Section 89. Land devised to executor. When it appears by

will, a certified copy of which with letters testamentary

had already been filed as provided in this Decree, that

registered land is devised to the executor to his own use,

or upon some trust, the executor may have the land

transferred to himself upon the register in like manner

and subject to like terms and conditions and to like rights

as in the case of a transfer pursuant to a deed filed in the

office of the Register of Deeds.

Section 90. When executor empowered by will to sell, etc.

When the will of a deceased owner of registered lands, or

an interest therein, empowers the executor to sell, convey,

encumber, charge or otherwise deal with the land, a

certified copy of the will and letters testamentary being

filed as provided in this Decree, such executor may sell,

convey, encumber, charge or otherwise deal with the

land pursuant to the power in like manner as if he were

registered owner, subject to the terms and conditions

and limitations expressed in the will.

Section 91. Transfer in anticipation of final distribution.

Whenever the court having jurisdiction of the testate or

intestate proceedings directs the executor or

administrator to take over and transfer to the devisees or

heirs, or any of them, in anticipation of final distribution a

portion or the whole of the registered land to which they

might be entitled on final distribution, upon the filing of a

certified copy of such order in the office of the Register of

Deeds, the executor or administratory may cause such

transfer to be made upon the register in like manner as in

case of a sale, and upon the presentation of the owner's

duplicate certificate to the Register of Deeds, the

devisees or heirs concerned shall be entitled to the

issuance of the corresponding certificates of title.

Section 92. Registration of final distribution of estate. A

certified copy of the partition and distribution, together

with the final judgment or order of the court approving

the same or otherwise making final distribution,

supported by evidence of payment of estate taw or

exemption therefrom, as the case may be, shall be filed

with the Register of Deeds, and upon the presentation of

the owner's duplicate certificate of title, new certificates

of title shall be issued to the parties severally entitled

thereto in accordance with the approved partition and

distribution.

CHAPTER VII ASSURANCE FUND

Section 93. Contribution to Assurance Fund. Upon the

entry of a certificate of title in the name of the registered

owner, and also upon the original registration on the

certificate of title of a building or other improvements on

the land covered by said certificate, there shall be paid to

the Register of Deeds one-fourth of one per cent of the

assessed value of the real estate on the basis of the last

assessment for taxation purposes, as contribution to the

Assurance Fund. Where the land involved has not yet

been assessed for taxation, its value for purposes of this

Decree shall be determined by the sworn declaration of

two disinterested persons to the effect that the value

fixed by them is to their knowledge, a fair valuation.

Nothing in this Section shall in any way preclude the

court from increasing the valuation of the property

should it appear during the hearing that the value stated

is too small. ( as amended by BP Blg 594)

Section 94. Custody and investment of fund. All money

received by the Register of Deeds under the preceding

section shall be paid to the National Treasurer. He shall

keep this money in an Assurance Fund which may be

invested in the manner and form authorized by law, and

shall report annually to the Commissioner of the Budget

the condition and income thereof.

The income of the Assurance Fund shall be added to the

principal until said fund amounts to five hundred

thousand pesos, in which event the excess income from

investments as well as from the collections of such fund

shall be paid into the National Treasury to the account of

the Assurance Fund.

Section 95. Action for compensation from funds. A

person who, without negligence on his part, sustains loss

or damage, or is deprived of land or any estate or interest

therein in consequence of the bringing of the land under

the operation of the Torrens system or arising after

original registration of land, through fraud or in

consequence of any error, omission, mistake or

misdescription in any certificate of title, and who by the

provisions of this Decree is barred or otherwise precluded

under the provision of any law from bringing an action for

the recovery of such land or estate or interest therein,

may bring an action in any court of competent

jurisdiction for the recovery of damage to be paid out of

the Assurance Fund. ( as amended by BP Blg 594)

Section 96. Against whom action filed. If such action is

brought to recover for loss or damage or for deprivation of

land or of any estate or interest therein arising wholly

through fraud, negligence, omission, mistake or

177 of 186

misfeasance of the court personnel, Register of Deeds, his

deputy, or other employees of the Registry in the

performance of their respective duties, the action shall be

brought against the Register of Deeds of the province or

city where the land is situated and the National Treasurer

as defendants. But if such action is brought to recover for

loss or damage or for deprivation of land or of any interest

therein arising through fraud, negligence, omission,

mistake or misfeasance of person other than court

personnel, the Register of Deeds, his deputy or other

employees of the Registry, such action shall be brought

against the Register of Deeds, the National Treasurer and

other person or persons, as co-defendants. It shall be the

duty of the Solicitor General in person or by

representative to appear and to defend all such suits with

the aid of the fiscal of the province or city where the land

lies: Provided, however, that nothing in this Decree shall

be construed to deprive the plaintiff of any right of action

which he may have against any person for such loss or

damage or deprivation without joining the National

Treasurer as party defendant. In every action filed against

the Assurance Fund, the court shall consider the report of

the Commissioner of Land Registration.

Section 97. Judgment, how satisfied. If there are

defendants other than the National Treasurer and the

Register of Deeds and judgment is entered for the

plaintiff and against the National Treasury, the Register of

Deeds and any of the other defendants, execution shall

first issue against such defendants other than the

National and the Register of Deeds. If the execution is

returned unsatisfied in whole or in part, and the officer

returning the same certificates that the amount due

cannot be collected from the land or personal property of

such other defendants, only then shall the court, upon

proper showing, order the amount of the execution and

costs, or so much thereof as remains unpaid, to be paid

by the National treasurer out of the Assurance Fund. In an

action under this Decree, the plaintiff cannot recover as

compensation more than the fair market value of the

land at the time he suffered the loss, damage, or

deprivation thereof.

Section 98. General Fund when liable. If at any time the

Assurance Fund is not sufficient to satisfy such judgment,

the National Treasurer shall make up for the deficiency

from any funds available in the treasury not otherwise

appropriated.

Section 99. Subrogation of government to plaintiff's

rights. In every case where payment has been made by

the National Treasurer in accordance with the provisions

of this Decree, the Government of the Republic of the

Philippines shall be subrogated to the rights of the

plaintiff against any other parties or securities. The

National Treasurer shall enforce said rights and the

amount recovered shall be paid to the account of the

Assurance Fund.

Section 100. Register of Deeds as party in interest. When

it appears that the Assurance Fund may be liable for

damages that may be incurred due to the unlawful or

erroneous issuance of a certificate of title, the Register of

Deeds concerned shall be deemed a proper party in

interest who shall, upon authority of the Commissioner of

Land Registration, file the necessary action in court to

annul or amend the title.

The court may order the Register of Deeds to amend or

cancel a certificate of title or to do any other act as may

be just and equitable.

Section 101. Losses not recoverable. The Assurance Fund

shall not be liable for any loss, damage or deprivation

caused or occasioned by a breach of trust, whether

express, implied or constructive or by any mistake in the

resurveyed or subdivision of registered land resulting in

the expansion of area in the certificate of title.

Section 102. Limitation of Action. Any action for

compensation against the Assurance Fund by reason of

any loss, damage or deprivation of land or any interest

therein shall be instituted within a period of six years

from the time the right to bring such action first

occurred: Provided, That the right of action herein

provided shall survive to the legal representative of the

person sustaining loss or damage, unless barred in his

lifetime; and Provided, further, That if at the time such

right of action first accrued the person entitled to bring

such action was a minor or insane or imprisoned, or

otherwise under legal disability, such person or anyone

claiming from, by or under him may bring the proper

action at any time within two years after such disability

has been removed, notwithstanding the expiration of the

original period of six years first above provided.

CHAPTER VIII REGISTRATION OF PATENTS

Section 103. Certificates of title pursuant to patents.

Whenever public land is by the Government alienated,

granted or conveyed to any person, the same shall be

brought forthwith under the operation of this Decree. It

shall be the duty of the official issuing the instrument of

alienation, grant, patent or conveyance in behalf of the

Government to cause such instrument to be filed with

the Register of Deeds of the province or city where the

land lies, and to be there registered like other deeds and

conveyance, whereupon a certificate of title shall be

entered as in other cases of registered land, and an

owner's duplicate issued to the grantee. The deed, grant,

patent or instrument of conveyance from the

Government to the grantee shall not take effect as a

conveyance or bind the land but shall operate only as a

contract between the Government and the grantee and

as evidence of authority to the Register of Deeds to make

registration. It is the act of registration that shall be the

operative act to affect and convey the land, and in all

cases under this Decree, registration shall be made in the

office of the Register of Deeds of the province or city

where the land lies. The fees for registration shall be paid

by the grantee. After due registration and issuance of the

certificate of title, such land shall be deemed to be

registered land to all intents and purposes under this

Decree.

CHAPTER IX CERTIFICATE OF LAND

TRANSFER, EMANCIPATION PATENT,

AFFIDAVIT OF NON-TENANCY

Section 104. Provisional Register of Documents. The

Department of Agrarian Reform shall prepare by

automate data processing a special registry book to be

known as the "Provisional Register of Documents issued

under PD-27" which shall be kept and maintained in

every Registry of Deeds throughout the country. Said

Registry Book shall be a register of:

a. All Certificates of Land Transfer (CLT) issued pursuant to

P.D. No. 27; and

b. All subsequent transactions affecting Certificates of

Land Transfer such as adjustments, transfer, duplication

and cancellations of erroneous Certificates of Land

Transfer.

Section 105. Certificates of Land Transfer Emancipation

Patents. The Department of Agrarian reform shall

pursuant to P.D. No. 27 issue in duplicate, a Certificate of

Land Transfer for every land brought under "Operation

Land Transfer", the original of which shall be kept by the

tenant-farmer and the duplicate, in the Registry of Deeds.

After the tenant-farmer shall have fully complied with the

requirements for a grant of title under P.D. No. 27, an

Emancipation Patent which may cover previously titled or

untitled property shall be issued by the Department of

Agrarian Reform.

The Register of Deeds shall complete the entries on the

aforementioned Emancipation Patent and shall assign an

original certificate of title number in case of unregistered

land, and in case of registered property, shall issue the

corresponding transfer certificate of title without

178 of 186

requiring the surrender of the owner's duplicate of the

title to be canceled.

In case of death of the grantee, the Department of

Agrarian Reform shall determine his heirs or

successors-in-interest and shall notify the Register of

Deeds accordingly.

In case of subsequent transfer of property covered by an

Emancipation Patent or a Certificate of Title emanating

from an Emancipation Patent, the Register of Deeds shall

affect the transfer only upon receipt of the supporting

papers from the Department of Agrarian Reform.

No fee, premium, of tax of any kind shall be charged or

imposed in connection with the issuance of an original

Emancipation Patent and for the registration or related

documents.

Section 106. Sale of agricultural land; affidavit. No

voluntary deed or instrument purporting to be a

subdivision, mortgage, lease, sale or any other mode of

encumbrance or conveyance of private agricultural land

principally devoted to rice or corn or any portion thereof

shall be registered unless accompanied by an affidavit of

the vendor or executor stating that the land involved is

not tenanted, or if tenanted, the same is not primarily

devoted to the production of rice and/or corn.

If only a portion of the land is primarily devoted to the

production of rice and/or corn, and such area so devoted

is tenanted, no such deed or instrument shall be

registered unless accompanied by an affidavit stating the

area (size) of the portion which is tenanted and primarily

devoted to rice and/or corn, and stating further that the

deed or instrument covers only the untenanted portion

or that which is not primarily devoted to the production

of rice and/or corn. A memorandum of said affidavit shall

be annotated on the certificate of title. The Register of

Deeds shall cause a copy of the registered deed or

instrument, together with the affidavit, to be furnished

the Department of Agrarian Reform Regional Office

where the land is located. The affidavit provided in this

section shall not be required in the case of a

tenant-farmer who deals with his Certificate of Land

Transfer or Emancipation Patent in accordance with law.

CHAPTER X PETITIONS AND ACTIONS AFTER

ORIGINAL REGISTRATION

Section 107. Surrender of withhold duplicate certificates.

Where it is necessary to issue a new certificate of title

pursuant to any involuntary instrument which divests the

title of the registered owner against his consent or where

a voluntary instrument cannot be registered by reason of

the refusal or failure of the holder to surrender the

owner's duplicate certificate of title, the party in interest

may file a petition in court to compel surrender of the

same to the Register of Deeds. The court, after hearing,

may order the registered owner or any person

withholding the duplicate certificate to surrender the

same, and direct the entry of a new certificate or

memorandum upon such surrender. If the person

withholding the duplicate certificate is not amenable to

the process of the court, or if not any reason the

outstanding owner's duplicate certificate cannot be

delivered, the court may order the annulment of the

same as well as the issuance of a new certificate of title in

lieu thereof. Such new certificate and all duplicates

thereof shall contain a memorandum of the annulment

of the outstanding duplicate.

Section 108. Amendment and alteration of certificates.

No erasure, alteration, or amendment shall be made

upon the registration book after the entry of a certificate

of title or of a memorandum thereon and the attestation

of the same be Register of Deeds, except by order of the

proper Court of First Instance. A registered owner of other

person having an interest in registered property, or, in

proper cases, the Register of Deeds with the approval of

the Commissioner of Land Registration, may apply by

petition to the court upon the ground that the registered

interests of any description, whether vested, contingent,

expectant or inchoate appearing on the certificate, have

terminated and ceased; or that new interest not

appearing upon the certificate have arisen or been

created; or that an omission or error was made in

entering a certificate or any memorandum thereon, or,

on any duplicate certificate; or that the same or any

person on the certificate has been changed; or that the

registered owner has married, or, if registered as married,

that the marriage has been terminated and no right or

interests of heirs or creditors will thereby be affected; or

that a corporation which owned registered land and has

been dissolved has not convened the same within three

years after its dissolution; or upon any other reasonable

ground; and the court may hear and determine the

petition after notice to all parties in interest, and may

order the entry or cancellation of a new certificate, the

entry or cancellation of a memorandum upon a

certificate, or grant any other relief upon such terms and

conditions, requiring security or bond if necessary, as it

may consider proper; Provided, however, That this section

shall not be construed to give the court authority to

reopen the judgment or decree of registration, and that

nothing shall be done or ordered by the court which shall

impair the title or other interest of a purchaser holding a

certificate for value and in good faith, or his heirs and

assigns, without his or their written consent. Where the

owner's duplicate certificate is not presented, a similar

petition may be filed as provided in the preceding

section.

All petitions or motions filed under this Section as well as

under any other provision of this Decree after original

registration shall be filed and entitled in the original case

in which the decree or registration was entered.

Section 109. Notice and replacement of lost duplicate

certificate. In case of loss or theft of an owner's duplicate

certificate of title, due notice under oath shall be sent by

the owner or by someone in his behalf to the Register of

Deeds of the province or city where the land lies as soon

as the loss or theft is discovered. If a duplicate certificate

is lost or destroyed, or cannot be produced by a person

applying for the entry of a new certificate to him or for

the registration of any instrument, a sworn statement of

the fact of such loss or destruction may be filed by the

registered owner or other person in interest and

registered.

Upon the petition of the registered owner or other person

in interest, the court may, after notice and due hearing,

direct the issuance of a new duplicate certificate, which

shall contain a memorandum of the fact that it is issued

in place of the lost duplicate certificate, but shall in all

respects be entitled to like faith and credit as the original

duplicate, and shall thereafter be regarded as such for all

purposes of this decree.

Section 110. Reconstitution of lost or destroyed original of

Torrens title. Original copies of certificates of title lost or

destroyed in the offices of Register of Deeds as well as

liens and encumbrances affecting the lands covered by

such titles shall be reconstituted judicially in accordance

with the procedure prescribed in Republic Act No. 26

insofar as not inconsistent with this Decree. The

procedure relative to administrative reconstitution of lost

or destroyed certificate prescribed in said Act is hereby

abrogated.

Notice of all hearings of the petition for judicial

reconstitution shall be given to the Register of Deeds of

the place where the land is situated and to the

Commissioner of Land Registration. No order or

judgment ordering the reconstitution of a certificate of

title shall become final until the lapse of thirty days from

receipt by the Register of Deeds and by the

Commissioner of Land Registration of a notice of such

order or judgment without any appeal having been filed

by any of such officials.

179 of 186

CHAPTER XI SCHEDULE OF FEES: SPECIAL

FUND

Section 111. Fees payable. The fees payable to the Clerk of

Court, the Sheriff, the Register of Deeds and the Land

Registration Commission shall be as follows:

A. Fees payable to the Clerk of Court. The fees payable to

the clerk of court or his deputies shall be as follows:

1. For filing an application for the registration of land, the

fees shall be based on the assessed value of the property

for the current year, in accordance with the following

schedule

(a) When the value of the property does not exceed two

thousand pesos, fifteen pesos for the first five hundred

pesos, or fractional part thereof, and five pesos for each

additional five hundred pesos, or fractional part thereof.

(b) When the value of the property does not exceed two

thousand pesos but does not exceed ten thousand pesos,

thirty five pesos for the first three thousand pesos, or

fractional part thereof, and five pesos for each additional

one thousand pesos, or fractional part thereof.

(c) When the value of the property is more than ten

thousand pesos but does not exceed one hundred

thousand pesos, eighty pesos for the first twenty

thousand pesos, or fractional part thereof, and ten pesos

for each additional ten thousand pesos, or fractional part

thereof.

(d) When the value of the property is more than one

hundred thousand pesos but does not exceed five

hundred thousand pesos, one hundred eighty pesos for

the first one hundred twenty-five thousand pesos, or

fractional part thereof, and twenty pesos for each

additional twenty-five thousand pesos, or fractional part

thereof.

(e) When the value of the property is more than five

hundred thousand pesos, five hundred twenty pesos for

the first five hundred fifty thousand pesos, or fractional

part thereof, and forty pesos for each additional fifty

thousand pesos, or fractional part thereof.

If the property has not been assessed for taxation, the

fees above prescribed shall be based on the current

market value; and the applicant shall file with his

application a sworn declaration of three disinterested

persons that the value fixed by him is to their knowledge

a fair valuation.

2. For filing a petition for review of judgment and decree,

or other claim adverse to the registered owner, for each

petition, twenty pesos.

3. For filing a petition after the decision has become final,

twenty pesos. If it affects land decrees in more than one

case, for each additional case, one peso. If it affects several

lots or parcels of land in which the petitioners have no

common interest, each of such petitioners shall pay the

corresponding fees as if separate petitions had been filed

by him.

B. Fees payable to the Sheriff. The sheriff shall collect fees

for his services rendered in connection with land

registration and cadastral proceedings as follows:

1. For posting notices of initial hearing of land registration

cases in conspicuous places on the lands described in the

notice, for each parcel of land on which a copy of such

notice is posted, besides travel fees, three pesos.

2. For posting notices of initial hearing of cadastral cases

in conspicuous places on the lands included in the survey,

for each group of one hundred lots on which a copy of the

notice is posted, besides travel fees, three pesos.

3. For posting one copy of a notice of initial hearing in a

conspicuous place upon the municipal building of the

city, municipality, or municipal district in which the land

or portion thereof lies, besides travel fees, three pesos.

4. For serving notices upon cadastral claimants to appear

before the court, travel fees only as provided in the Rules

of Court.

5. For all other services not mentioned above, the same

fees including travel fees as provided in the Rules of Court

for similar services.

C. Fees payable to the Register of Deeds. The Register of

Deeds shall collect fees for all services rendered by him

under this Decree in accordance with the following

schedule:

1. Original certificate of title. For the entry of one original

certificate of title and issuance of one owner's duplicate

certificate, ten pesos for the first parcel of land described

thereon and five pesos for each additional parcel.

2. Entry fee. For each entry fee in the primary entry book,

five pesos.

3. Attachment, levy, etc. For the annotation of an

attachment, levy, writ of execution, adverse claim, five

pesos for each parcel of land affected thereby.

4. Lis Pendens, etc. For the annotation of a notice of lis

pendens, or of any document or order in connection

therewith, for each of land affected thereby, five pesos.

5. Release of encumbrance. For the annotation of a

release of any encumbrance, except mortgage, lease, or

other lien for the cancellation of which a specific fee is

prescribed herein, for each parcel of land so released, five

pesos; but the total amount of fees to be collected shall

not exceed the amount of fees paid for the registration of

such encumbrance.

6. Court Order. For the annotation of an order of the court

for the amendment of, or the making of a memorandum

on, a certificate of title, except inclusion of buildings or

improvements, or any order directing the registration of a

document, or of any right or interest referred to in said

order, or the cancellation of a certificate of title and/or the

issuance of a new one, ten pesos for each certificate of

title on which the annotation is made, in addition to the

fees prescribed under paragraphs sixteen or seventeen,

as the case may be, of this subsection, in the same are

also due for the registration of such document, right or

interest.

7. Building. For the annotation of an order of the court for

the inclusion of building and/or improvement in a

certificate of title, ten pesos for each certificate of title.

8. Powers of attorney, letters of administration,

appointment of guardian, resolution or revocation

thereof. For registering and filing a power of attorney,

letters of administration or letters testamentary whether

or not accompanied by a copy of the testament,

certificate of allowance of a will with attested copy of the

will annexed, appointment of guardian for a minor or

incompetent person, appointment of receiver, trustee, or

administrator, articles of incorporation of any corporation,

association or partnership, or resolution of its board of

directors empowering an officer or member thereof to

act in behalf of the same, twenty pesos; and for the

annotation of such papers on certificates of title when

required by existing laws or regulations, five pesos for

each certificate of title so annotated: Provided, however,

that when the certificate of allowance of a will and the

letters testamentary or letters of administration are filed

together, only one fee shall be collected. For registering

an instrument of revocation of any of the paper

mentioned above, five pesos, and if annotated on the

corresponding certificate of title, three pesos for each

certificate of title.

9. Notice of tax lien, loss, etc. For the annotation of a

notice of tax lien of any description notice of lost

duplicate or copy of a certificate of title, order of the court

declaring such duplicate or copy null and void, notice of

change of address, or the cancellation of any such

annotation, for each certificate of title, five pesos.

10. Carry over of annotation. For transferring the

memorandum of an encumbrance of any kind from one

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certificate of title which is canceled to a new one in lieu

thereof, for each memorandum thus transferred, five

pesos.

11. Annotation on additional copy of title. For any

memorandum made in a standing co-owner's copy of a

certificate of title after a similar memorandum has been

made in the original thereof, of each certificate of title,

five pesos.

12. No specific fee. For any memorandum made in a

certificate of title for which no specific fee is prescribe

above, for each certificate of title, five pesos.

13. Transfer to trustee, executor, administrator receiver. For

the issuance of a transfer certificate of title, including its

duplicate, to a trustee, executor, administrator, or receiver,

or for the cancellation of such certificate of title and

issuance of a new one, including its duplicate, to the

cestui que trust in case of trusteeship, ten pesos. If the

certificate covers more than one parcel or lot, an

additional fee of five pesos shall be collected for each

additional parcel or lot.

14. Transfer certificate of title. For the issuance of a

transfer certificate of title, including its duplicate, to a

person other than those named in the next preceding

paragraph, ten pesos, in addition to the fees hereinafter

prescribed in paragraph sixteen or seventeen, as the case

may be, of this subsection, if the same are also due. If the

certificate covers more than one parcel or lot, an

additional fee of five pesos shall be collected for each

additional parcel or lot.

15. Additional copy of title. For the issuance of a new

owner's duplicate or a co-owner's copy of a certificate of

title, or any additional duplicate or copy thereof, ten pesos

for the first page and five pesos for each subsequent

page, or fraction thereof.

16. Registration fee. For the registration of a deed of sale,

conveyance, transfer, exchange, partition, or donation; a

deed of sale with pacto de retro, conditional sale, sheriff's

sale at public auction, sale for non-payment of taxes, or

any sale subject to redemption, or the repurchase or

redemption of the property so sold; any instrument,

order, judgment or decree divesting the title of the

registered owner, except in favor of a trustee, executor,

administrator or receiver; option to purchase or promise

to sell; any mortgage, surety, bond, lease, easement,

right-of-way, or other real right or lien created or

constituted by virtue of a distinct contract or agreement,

and not as an incidental condition of sale, transfer or

conveyance; the assignment, enlargement, extension or

novation of a mortgage or of any other real right, or a

release of mortgage, termination of lease, or

consolidation of ownership over a property sold with

pacto de retro; where no specific fee is prescribed

therefor in the preceding paragraphs, the fees shall be

based on the value of the consideration in accordance

with the following schedule:

(a) Six thousand pesos maximum. When the value of the

consideration does not exceed six thousand pesos, seven

pesos for the first five hundred pesos, or fractional part

thereof, and three pesos for each additional five hundred

pesos, or fractional part thereof.

(b) Thirty thousand pesos maximum. When the value of

the consideration is more than six thousand pesos but

does not exceed thirty thousand pesos, or fractional part

thereof, and eight pesos for each additional two thousand

pesos, or fractional part thereof.

(c) One hundred thousand pesos maximum. When the

value of the consideration is more than thirty thousand

pesos but does not exceed one hundred thousand pesos,

one hundred fifty pesos for the first thirty-five thousand

pesos, or fractional part thereof, and fourteen pesos or

each additional five thousand pesos, or fractional part

thereof.

(d) Five hundred thousand pesos maximum. When the

value of the consideration is more than one hundred

thousand pesos but does not exceed five hundred

thousand pesos, three hundred fifty-two pesos for the

first one hundred ten thousand pesos, or fractional part

thereof, and twenty pesos for each additional ten

thousand pesos, or fractional part thereof.

(e) More than five hundred thousand pesos. When the

value of the consideration is more than five hundred

thousand pesos, one thousand one hundred sixty-two

pesos for the first five hundred twenty thousand pesos, or

fractional part thereof, and thirty pesos for each

additional twenty thousand pesos, or fractional part

thereof.

17. Fees for specific transactions. In the following

transactions, however, the basis of the fees collectible

under paragraph sixteen of this subsection, whether or

not the value of the consideration is stated in the

instrument, shall be as hereunder set forth:

(a) Exchange. In the exchange of real property the basis of

the fees to be paid by each party shall be the current

assessed value of the properties acquired by one party

from the other, in addition to the value of any other

consideration, if any, stated in the contract.

(b) Hereditary transfer. In the transmission of an

hereditary estate without partition or subdivision of the

property among the heirs, devisees or legatees, although

with specification of the share of each in the value of the

estate, the basis shall be the total current assessed value

of the property thus transmitted.

(c) Partition of hereditary estate; Conjugal property. In the

partition of an hereditary estate which is still in the name

of the deceased, in which determinate properties are

adjudicated to each heir devisee or legatee, or to each

group of heirs, devisees or legatees, the basis of the fees

to be paid by each person or group, as the case may be,

shall be the total current assessed value of the properties

thus adjudicated to each person or group. In the case,

however, of conjugal property, the basis of the fees for the

registration of one-half thereof in the name of the

surviving spouse shall be the total current assessed value

of the properties adjudicated to said spouse.

(d) Subdivision or partition. In the partition of real

property held in common by several registered

co-owner's the basis of the fees to be paid by each

co-owner or group of co-owners shall be the total

assessed value of the property taken by each co-owner or

group.

(e) Conveyance: several lots and parties. In the sale,

conveyance or transfer of two or more parcels of land in

favor of two or more separate parties but executed in one

single instrument, the basis shall be the total selling price

paid by each party-buyer, or, in the case of lump sum

consideration, such portion thereof as apportioned in

accordance with the assessed value of the respective land

acquired by each party-buyer.

(f) Conveyance of properties in different places. In the

sale, conveyance, or transfer of properties situated in

different cities or provinces, the basis of the fees in each

Registry of Deeds where the instrument is to be

registered shall be the total selling price of the properties

situated in the respective city or province, or, in the case

of lump sum consideration, such portion thereof as

obtained for those properties lying within the jurisdiction

of the respective registry after apportioning the total

consideration of the sale, conveyance or transfer in

accordance with the current assessed value of such

properties.

(g) Conveyance of mortgaged properties. In the sale,

conveyance, or transfer of a mortgaged property, the

basis shall be the selling price of the property proper plus

the full amount of the mortgage, or the unpaid balance

thereof if the latter is stated in the instrument. If the

properties are situated in different cities or provinces, the

basis of the fees in each Registry of Deeds where the

instrument is to be registered shall be such sum as

obtained for the properties situated in the respective city

or province after apportioning in accordance with the

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current assessed values of said properties the total

amount of consideration as above computed, unless the

selling price of the properties in each city or province and

the proportionate share thereof in the amount of unpaid

balance of the mortgage are stated in the instrument, in

which case, the aggregate of such selling price and share

shall be the basis. In any case, however, where the

aggregate value of the consideration as above computed

shall be less than the current assessed value of the

properties in the city or province concerned, such

assessed value shall be the basis of the fees in the

respective Registry.

(h) Mortgage of properties in different places. In a

mortgage affecting properties situated in different cities

or provinces, the basis of the fees in each Registry of

Deeds where the document is to be registered shall be

such amount as obtained for the properties lying within

the jurisdiction of said Registry after apportioning the

total amount of the mortgage in accordance with the

current assessed value of such properties.

(i) Release of mortgage. In the release of a mortgage the

basis of the fees shall be an amount equal to ten per

centum of the total amount of obligation secured by the

mortgage. If the properties are situated in different cities

or provinces, the basis of the fees in each Registry shall be

ten per centum of such sum as obtained for the

properties in the respective city or province after

apportioning the amount of the mortgage in accordance

with the current assessed values of such properties. In the

case of a partial release, the fees shall be based on ten per

centum of the current assessed value of the property so

released in the respective city or province; Provided,

however, That where several partial releases had been

registered, the fees corresponding to the final release

shall be computed on the basis of ten per centum of the

difference between the amount of the mortgage and the

aggregate of the consideration used as basis for the

collection of the fees paid for the registration of all

previous partial releases.

(j) Certificate of sale. In a certificate of sale at public

auction by virtue of an order of execution or sale for

delinquency in the payment of taxes, or repurchase of the

property so sold, the basis of the fees in each Registry

shall be ten per centum of the selling or repurchase price

of the property lying within the jurisdiction of the

Registry.

(k) Affidavit of consolidation of ownership. In an affidavit

for the consolidation of ownership over a property sold

with pacto de retro or pursuant to an extra judicial

foreclosure under the provisions of Act Numbered

Thirty-one hundred and thirty-five, as amended, the basis

of the fees in each Registry shall be an amount equivalent

to ten per centum of the consideration of the sale in the

respective city or province.

(l) Contract of lease. In contracts of lease, the basis of the

fees in each Registry shall be the sum total to be paid by

the lessee for the properties situated in the respective city

or province during the entire period specified in the

contract, including the extension contemplated by the

parties which may be given effect without the necessity

of further registration. If the period is from year to year, or

otherwise not fixed, the basis shall be the total amount of

rentals due for thirty months. If the rentals are not

distributed, the total amount thereof as above computed

shall be apportioned to said properties in accordance

with their assessed values, and the proportionate sum

thus obtained for each city or province shall be the basis

of the fees to be collected in the Registry concerned.

(m) Termination of lease. In the termination of lease, the

basis of the fees in each registry shall be ten per centum

of the amount used as basis for the collection of the fees

paid for the registration of said lease.

(n) Option to purchase or promise to sell. In contracts of

option to purchase or promise to sell, the basis of the fees

in each Registry shall be ten per centum of the current

assessed value of the property subject of such contract in

the respective city or province.

(o) Consideration not stated or fixed or less than assessed

value. In other transactions where the actual value of the

consideration is not fixed in the contract or cannot be

determined from the terms thereof, or, in case of a sale,

conveyance, or transfer, the consideration stated is less

than the current assessed value of the property, the basis

of the fees shall be the current assessed value of the

property involved in the transaction. If the properties are

situated in different cities or provinces, the basis of the

fees in each Registry shall be the current assessed value

of the properties lying within the jurisdiction of the

Registry concerned.

18. Issuance of copy of document. For furnishing copies of

any entry, decree, document, or other papers on file, fifty

centavos for each hundred words of fraction thereof

contained in the copies thus furnished.

19. Certified copy. For certifying a copy furnished under

the next preceding paragraph, for each certification, five

pesos for one page and one peso for each additional page

certified.

20. Certification. For issuing a certificate relative to, or

showing the existence or non-existence of, an entry in the

registration books or a document on file, for each such

certificate containing not more than two hundred words,

five pesos; if it exceeds that number an additional fee of

one peso shall be collected for every hundred words, or

fraction thereof, in excess of the first two hundred words.

21. Research fee. For services rendered in attending to

request for reference or researches on any records or

documents on file in the Registry, there shall be collected

two pesos per document or record.

D. Fees payable to the Commissioner of Land

Registration. The fees payable to the Commissioner of

Land Registration shall be as follows:

1. For verification and approval of subdivision plans, the

fee shall be:

(a) For each lot ...…………………………………............. P2.00

(b) For each corner of a lot, irrespective of 0.20

whether such corner is common to

two or more lots ...............

(c) For each traverse station 0.10

.........………………………...

(d) For each observation 0.50

...........……………………………

(e) In case the plan is a resurveyed or

relocation plan an additional 40

percent of the rates prescribed above

shall be collected.

Provided, however, that the total fee as computed above,

whether for subdivision and/or consolidation-subdivision

survey, resurveyed or relocation plan, shall in no case be

less than P8.00 per plan.

2. For changing or correcting the name of any person

appearing on the subdivision plan or other plan in order

to have it conform to that stated in the certificate of title

covering the land, and for the cancellation of an approved

plan when so requested by the interested party, there

shall be a fee of P5.00 per plan.

3. The rates of fees prescribed in paragraph 1 and 2,

inclusive, shall apply to similar services rendered in

connection with the examination, verification, and

approval of consolidation, consolidation-subdivision,

resubdivision, and reconsolidation plans, special work

order plans on the basis of certified copies of technical

descriptions of plans approved by the Land Registration

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Commission or the Bureau of Lands, private surveys, and

other plans of similar nature.

In the computation of fees relative to lots subject of

consolidation and consolidation-subdivision plans, a fee

of two pesos shall be collected per lot as appearing in the

old survey in addition to the fee collectible in paragraph 1

hereof for the new lots.

4. For the preparation of a plan in a tracing cloth of any

survey, the data of which are available in the Commission,

except when the same is merely traced from an existing

plan, the fees shall be computed as follows:

(a) When the plan to be so prepared contains only one lot:

1. For the first ten corners or fraction P40.00

thereof .........…………

2. For the next ten corners or fraction 6.00

thereof ....……………......

3. For each corner in excess of the first 0.40

twenty corners ...........

(b) When the plan to be so prepared contains two or

more lots:

1. For the first lot, which must be the P40.00

biggest of the group, irrespective of

the number of its corner

.........……………………………….

2. For each additional lot, irrespective of P15.00

the number of its corners, said lot

being adjacent to the first lot or any

other lot ……………………..

3. For each non-adjacent lot (other than P20.00

the first charged lot), irrespective of

the number of its corners

........……………………………...

4. If any lot contains more than twenty P0.40

corners for each corner of such lot in

the first twenty corners

........…………………………………….

5. For the preparation of a plan in tracing cloth, to be

traced from an existing plan, complete with bearings and

distances of corners and tie lines, the fee shall be 30 per

centum of the fees prescribed in paragraph 4 above.

6. For the preparation of a plan in tracing cloth, to be

copied from an existing plan, complete with bearings and

distances of sides and tie-lines, but using a different scale,

the fee shall be 50 per centum of the fees prescribed

under paragraph 4 above, if made on a reduced scale; or

60 per centum of the same fees, if made on an enlarged

scale.

7. For the preparation of a simple plan or sketch of any

available survey or plan on any paper other than a tracing

cloth, the fee on the basis of each lot, shall be as follows:

(a) For the first ten corners or fraction P20.00

thereof ....……………………………………........

(b) For the second ten corners or 5.00

fraction thereof

.......………………………………….......

(c) For the third ten corners or fraction 2.00

thereof ........………………………………………....

(d) For each corner in excess of the first 0.20

thirty corners ……………………………..............

(e) If the sketch is prepared in tracing 5.00

cloth, add to the total fees as above

computed ...

(f) If the plan or sketch so prepared

contains the bearing and distances

of the sides and tie-lines, add to the

total fees as above computed 10 per

centum thereof.

8. For furnishing a plan copy (blue-print, or white print) of

any plan on file in the Commission, the fee shall be as

follows:

(a) For the copy of any size not P3.00

exceeding forty square decimeters

..……...………..

(b) For one copy of more than forty 6.00

square decimeters but not exceeding

eighty square decimeters in size

.....………………………….......

(c) For one copy of more than eighty 9.00

square decimeters but not exceeding

one hundred twenty square

decimeter in size …………………..

(d) For one copy in excess of one 0.50

hundred twenty square decimeters

in size, the basis rate of nine pesos

plus for every twenty square

decimeters or fraction thereof in

excess …………………………………........

9. For the preparation of technical descriptions, other

than mere copying from an existing copy, there shall be

collected the following fees:

(a) For technical descriptions of lots or parcels,

typewritten in triplicate and double-spaced,

including certification:

1. For each lot ........... P3.00

2. For each corner of a lot ........... 0.20

3. For each extra carbon copy, extra 0.20

charge ....

4. Minimum total charge ............. 3.00

(b) For lot description prepared in tracing cloth (on

tabulated form) including certification:

1. For each sheet ......... P1.50

2. For each lot .......... 0.20

3. For each corner in excess of ten for a 0.10

lot ....

(c) Any common corner shall be counted as many

items as there are lots to which it pertains.

10. For certification of plans or copies of plans as to the

correctness of the same, per plan or print copy P3.00 and

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for the issuance of all other certification P5.00 plus one

30-centavo documentary stamp to be affixed thereto.

11. For inspection of land subject of private surveys, simple

or complex subdivision plans, or consolidation,

consolidation-subdivision, resubdivision, or

reconsolidation plans, special work orders, and other

plans of similar nature for the purpose of verification

and/or approval:

(a) For each plan with an aggregate area P100.00

of 1,000 sq. m. or less .........

(b) For each subdivision with an aggregate area of

more than 1,000 sq. m.:

1. For the first 1,000 s.m. ............. P100.00

2. For every succeeding 1,000 sq. m. or 10.00

fraction thereof ...........

12. For actual field work of subdivision survey, relocation

survey and resurveyed of land, the fees shall be as follows:

(a) Subdivision survey:

1. Rural (Agricultural)

Area Survey Fee

For the first hectare ........... P 350.00

For the 2nd ha. to 10th ha. An additional 60.00 per ha.

For the 11th ha. to 20th ha. An additional P30.00 per

ha.

For the 21st ha. to 30th ha. An additional P20.00 per

ha.

For the 31st ha. to 200th An additional P10.00 per

ha. ha.

For the 201st ha. or over An additional P8.00 per ha.

A fraction of a hectare shall be considered one hectare.

2. Urban (Solar):

First 200 sq. m. or less ......... P350.00

Succeeding 201 sq. m. or more P20.00 100 sq. m.

...........

(b) Relocation Survey or Resurveyed:

The fee for relocation survey or resurveyed shall be one

hundred fifty per cent (150%) of the amount of survey fee

collectible on the basis of the schedule of fees for

subdivision survey as provided in the preceding

paragraph plus one percent (1%) of the assessed value of

the land.

Special Account. Twenty per centum of all the collections

of the Registers of Deeds and of the Land Registration

Commission under this Section and Sections 118 and 116

of this Decree shall be appropriated and upon approval of

a budget for it by the Ministry of the Budget, such

amounts shall be disbursed and all offices under the

Land Registration Commission, for the purchase of

necessary equipment, for payment of allowances of

officials and employees of the Commission, including

those of the Registries of Deeds, as authorized by the

Commissioner, for contracts regarding security printing

of Land title forms, for survey contracts, and for the

maintenance and other operating expenses of the

Commission.

CHAPTER XII FORMS USED IN LAND

REGISTRATION AND CONVEYANCING

Section 112. Forms in conveyancing. The Commissioner of

Land Registration shall prepare convenient blank forms

as may be necessary to help facilitate the proceedings in

land registration and shall take charge of the printing of

land title forms.

Deeds, conveyances, encumbrances, discharges, powers

of attorney and other voluntary instruments, whether

affecting registered or unregistered land, executed in

accordance with law in the form of public instruments

shall be registerable: Provided, that, every such

instrument shall be signed by the person or persons

executing the same in the presence of at least two

witnesses who shall likewise sign thereon, and shall

acknowledged to be the free act and deed of the person

or persons executing the same before a notary public or

other public officer authorized by law to take

acknowledgment. Where the instrument so

acknowledged consists of two or more pages including

the page whereon acknowledgment is written, each page

of the copy which is to be registered in the office of the

Register of Deeds, or if registration is not contemplated,

each page of the copy to be kept by the notary public,

except the page where the signatures already appear at

the foot of the instrument, shall be signed on the left

margin thereof by the person or persons executing the

instrument and their witnesses, and all the ages sealed

with the notarial seal, and this fact as well as the number

of pages shall be stated in the acknowledgment. Where

the instrument acknowledged relates to a sale, transfer,

mortgage or encumbrance of two or more parcels of

land, the number thereof shall likewise be set forth in said

acknowledgment.

CHAPTER XIII DEALINGS WITH UNREGISTERED

LANDS

Section 113. Recording of instruments relating to

unregistered lands. No deed, conveyance, mortgage,

lease, or other voluntary instrument affecting land not

registered under the Torrens system shall be valid, except

as between the parties thereto, unless such instrument

shall have been recorded in the manner herein

prescribed in the office of the Register of Deeds for the

province or city where the land lies.

(a) The Register of Deeds for each province or city shall

keep a Primary Entry Book and a Registration Book. The

Primary Entry Book shall contain, among other

particulars, the entry number, the names of the parties,

the nature of the document, the date, hour and minute it

was presented and received. The recording of the deed

and other instruments relating to unregistered lands shall

be effected by any of annotation on the space provided

therefor in the Registration Book, after the same shall

have been entered in the Primary Entry Book.

(b) If, on the face of the instrument, it appears that it is

sufficient in law, the Register of Deeds shall forthwith

record the instrument in the manner provided herein. In

case the Register of Deeds refuses its administration to

record, said official shall advise the party in interest in

writing of the ground or grounds for his refusal, and the

latter may appeal the matter to the Commissioner of

Land Registration in accordance with the provisions of

Section 117 of this Decree. It shall be understood that any

recording made under this section shall be without

prejudice to a third party with a better right.

(c) After recording on the Record Book, the Register of

Deeds shall endorse among other things, upon the

original of the recorded instruments, the file number and

the date as well as the hour and minute when the

184 of 186

document was received for recording as shown in the

Primary Entry Book, returning to the registrant or person

in interest the duplicate of the instrument, with

appropriate annotation, certifying that he has recorded

the instrument after reserving one copy thereof to be

furnished the provincial or city assessor as required by

existing law.

(d) Tax sale, attachment and levy, notice of lis pendens,

adverse claim and other instruments in the nature of

involuntary dealings with respect to unregistered lands, if

made in the form sufficient in law, shall likewise be

admissible to record under this section.

(e) For the services to be rendered by the Register of

Deeds under this section, he shall collect the same

amount of fees prescribed for similar services for the

registration of deeds or instruments concerning

registered lands.

CHAPTER XIV REGISTRATION OF CHATTEL

MORTGAGES

Section 114. Recording of chattel mortgages. A chattel

mortgage shall be recorded in the office of the Register of

Deeds of the province or city where the mortgagor

resides as well as where the property is situated or

ordinarily kept.

Section 115. Manner of recording chattel mortgages.

Every Register of Deeds shall keep a Primary Entry Book

and a Registration Book for chattel mortgages; shall

certify on each mortgage filed for record, as well as on its

duplicate, the date, hour, and minute when the same was

by him received; and shall record in such books any

chattel mortgage, assignment or discharge thereof, and

any other instrument relating to a recorded mortgage,

and all such instruments shall be presented to him in

duplicate, the original to be filed and the duplicate to be

returned to the person concerned.

The recording of a mortgage shall be effected by making

an entry, which shall be given a correlative number,

setting forth the names of the mortgagee and the

mortgagor, the sum or obligation guaranteed, date of the

instrument, name of the notary before whom it was

sworn to or acknowledged, and a note that the property

mortgaged, as well as the terms and conditions of the

mortgage, is mentioned in detail in the instrument filed,

giving the proper file number thereof. The recording of

other instruments relating to a recorded mortgage shall

be effected by way of annotation on the space provided

therefor in the Registration Book, after the same shall

have been entered in the primary Entry Book.

The Register of Deeds shall also certify the officer's return

of sale upon any mortgage, making reference upon the

record of such officer's return to the volume and page of

the record of the mortgage, and a reference of such

return on the record of the mortgage itself, and give a

certified copy thereof, when requested, upon payment of

the legal fees for such copy thereof, when requested,

upon payment of the legal fees for such copy and certify

upon each mortgage officer's return of sale or discharge

of mortgage, and upon any other instrument relating to

such a recorded mortgage, both on the original and in

the duplicate, the date, hour, and minute when the same

is received for record and record such certificate index of

mortgagors and mortgagees, which record and index

shall be open to public inspection.

Duly certified copies of such records and of filed

instruments shall be receivable as evidence in any court.

Section 116. Fees for chattel mortgages, etc. The register

of Deeds shall collect the following fees for services

rendered by him under this section:

1. Entry fee. For entry or presentation of any document in

the Primary Entry Book, five pesos. Supporting papers

presented together with the principal document need

not be charged any entry or presentation fee unless the

party in interest desires that they be likewise entered.

2. Chattel Mortgage. For filing and recording each chattel

mortgage, including the necessary certificates and

affidavits, the fees established in the following schedule

shall be collected:

(a) Six thousand pesos maximum. When the amount of

the mortgage does not exceed six thousand pesos, seven

pesos for the first five hundred pesos, or fractional part

thereof, and three pesos for each additional five hundred

pesos, or fractional part thereof.

(b) Thirty thousand pesos maximum. When the amount

of the mortgage is more than six thousand pesos but

does not exceed thirty thousand pesos, forty-eight pesos

for the initial amount not exceeding eight thousand

pesos, and eight pesos for each additional two thousand

pesos or fractional part thereof.

(c) One hundred thousand pesos maximum. When the

amount of the mortgage is more than thirty thousand

pesos but does not exceed one hundred thousand pesos,

one hundred fifty pesos for the initial amount not

exceeding thirty-five thousand pesos, and fourteen pesos

for each additional five thousand pesos of fractional part

thereof.

(d) Five hundred thousand pesos maximum. When the

amount of the mortgage is more than one hundred

thousand pesos but does not exceed five hundred

thousand pesos, three hundred fifty-two pesos for the

initial amount not exceeding one hundred ten thousand

pesos and twenty pesos for each additional ten thousand

pesos or fractional part thereof.

(e) More than five hundred thousand pesos. When the

amount of the mortgage is more than five hundred

thousand pesos, one thousand one hundred sixty-two

pesos for the initial amount not exceeding five hundred

twenty thousand pesos, and thirty pesos for each

additional twenty thousand pesos or fractional part

thereof: Provided, however, that registration of the

mortgage in the province where the property is situated

shall be sufficient registration and provided, further, that

if the mortgage is to be registered in more than one city

or province, the Register of Deeds of the city or province

where the instrument is first presented for registration

shall collect the full amount of the fees due in accordance

with the schedule prescribed above, and the Register of

Deeds of the other city of province where the same

instrument is also to be registered shall collect only a sum

equivalent to twenty per centum of the amount of fees

due and paid in the first city of province, but in no case

shall the fees payable in any Registry be less than the

minimum fixed in this schedule.

3. Conveyance of mortgaged property, etc. For recording

each instrument of sale, conveyance, or transfer of the

property which is subject of a recorded mortgage, or of

the assignment of mortgage credit, the fees established

in the preceding schedule shall be collected on the bases

of ten per centum of the amount of the mortgage or

unpaid balance thereof, provided, that the latter is stated

in the instrument.

4. Notice of attachment. For recording each notice of

attachment, including the necessary index and

annotations, eight pesos.

5. Release of mortgage. For recording such release of

mortgage, including the necessary index and references,

the fees established in the schedule under paragraph (b)

above shall be collected on the basis of five per centum of

the amount of the mortgage.

6. Release of attachment. For recording each release of

attachment, including the proper annotations, five pesos.

7. Sheriff's return of sale. For recording each sheriff's

return of sale, including the index and references, seven

pesos.

8. Power of attorney, appointment of guardian,

administrator or trustee. For recording a power of

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attorney, appointment of judicial guardian, administrator,

or trustee, or any other instrument in which a person is

given power to act in behalf of another in connection

with a mortgage, ten pesos.

9. No specific fee. For recording each instrument or order

relating to a recorded mortgage, including the necessary

index and references, for which no specific fee is provided

above, five pesos.

10. Certified copy. For certified copies of records, such fees

as are allowed by law for copies kept by the Register of

Deeds.

11. Certification. For issuing a certificate relative to, or

showing the existence or non-existence of an entry in the

registration book, or a document on file, for each such

certificate containing not more than two hundred words,

five pesos; if it exceeds that number, an additional fee of

one peso shall be collected for every one hundred words

or fractional part thereof, in excess of the first two

hundred words.

12. Research Fee. For services rendered in attending to

requests for references to, or researches on any

document on file in the Registry, there shall be collected

a fee of two pesos per document.

CHAPTER XV CONSULTAS

Section 117. Procedure. When the Register of Deeds is in

doubt with regard to the proper step to be taken or

memorandum to be made in pursuance of any deed,

mortgage or other instrument presented to him for

registration, or where any party in interest does not agree

with the action taken by the Register of Deeds with

reference to any such instrument, the question shall be

submitted to the Commissioner of Land Registration by

the Register of Deeds, or by the party in interest thru the

Register of Deeds.

Where the instrument is denied registration, the Register

of Deeds shall notify the interested party in writing,

setting forth the defects of the instrument or legal

grounds relied upon, and advising him that if he is not

agreeable to such ruling, he may, without withdrawing

the documents from the Registry, elevate the matter by

consulta within five days from receipt of notice of the

denial of registration to the Commissioner of Land

Registration.

The Register of Deeds shall make a memorandum of the

pending consulta on the certificate of title which shall be

canceled motu proprio by the Register of Deeds after

final resolution or decision thereof, or before resolution, if

withdrawn by petitioner.

The Commissioner of Land Registration, considering the

consulta and the records certified to him after notice to

the parties and hearing, shall enter an order prescribing

the step to be taken or memorandum to be made. His

resolution or ruling in consultas shall be conclusive and

binding upon all Registers of Deeds, provided, that the

party in interest who disagrees with the final resolution,

ruling or order of the Commissioner relative to consultas

may appeal to the Court of Appeals within the period and

in manner provided in Republic Act No. 5434.

CHAPTER XVI FINAL PROVISIONS

Section 118. Appropriation. There is hereby appropriated

initially the sum of TWELVE MILLION THREE HUNDRED

FORTY THOUSAND PESOS (P12,340,000.00) from the

National Treasury not otherwise appropriated for the

implementation of this decree; thereafter, said sum shall

be added to the regular appropriation act of every year.

Section 119. Postage exemption. No postage stamps or

mailing charges shall be required in all matters

transmitted by the Land Registration Commission or any

of its Registry of Deeds in the implementation of Sections

21, 40, 106, 118 and 117 of this Decree.

Section 120. Repealing clause. All laws, decrees, orders,

rules and regulations, or parts thereof, in conflict or

inconsistent with any of the provisions of this Decree are

hereby repealed or modified accordingly.

Section 121. Separability clause. In the event that any

provision of this Decree is declared unconstitutional, the

validity of the remainder shall not be affected thereby.

Section 122. Effectivity. This Decree shall take effect upon

its approval.

Done in the City of Manila, this 11th day of June, in the

year of Our Lord, nineteen hundred and seventy-eight.

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