Section 53.

Presentation of owner's duplicate

Section

upon entry of new certificate.

No voluntary instrument shall be registered by

conveyances.
An owner desiring to convey his registered land

the Register of Deeds

UNLESS the owner's duplicate certificate is

in fee simple shall :

1. execute
2. and register a deed of conveyance in a

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

owner to the Register of Deeds to enter

-

new

certificate

or

memorandum shall be :
o binding upon the registered
owner and upon all persons
o

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

The Register of Deeds shall :

1. note upon the original and duplicate
certificate:
a. the date of transfer,
b. the volume
c. 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 :
o the number
o and the place of registration of

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

of

owner's duplicate certificate.

registration in accordance with such

-

registration

certificate of title to the grantee

2. and shall prepare and deliver to him an

a new certificate
OR to make a memorandum of
instrument
AND
the

in

form sufficient in law.

The Register of Deeds shall thereafter :
1. make out in the registration book a new

certificate, whenever any voluntary instrument is

presented for registration, shall be :
- conclusive authority from the registered

57. Procedure

the certificate of title of the land

Section

conveyed.
58. Procedure where

conveyance

involves portion of land.

If a deed or conveyance is for a part only of the

the original petition or application,

- any subsequent registration procured by the

land described in a certificate of title, the

presentation of a forged duplicate certificate of

Register of Deeds shall:

1. not enter any transfer certificate to the

title
- or a forged deed or other instrument, shall be
null and void.
(A) CONVEYANCES AND TRANSFERS

grantee UNTIL
a. a plan of such land showing all
the portions

b. or lots into which it has been

subdivided
c. and the corresponding technical
descriptions
d. shall have been verified and
approved pursuant to Section 50
of this Decree.
Meanwhile, such deed may only be annotated by
way of :
1.

remaining portion:
4. 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

memorandum

upon

the

grantor's

certificate of title,
2. original and duplicate
Said memorandum to serve as:
1. 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:
1. effectual for the purpose of showing the
grantee's title to the portion conveyed to
2.

issued to him describing therein the

him,
pending the actual issuance of the

the Register of Deeds, except where

such

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,
a. enter on said certificate and on
its

corresponding certificate of title

and

thereupon

said

officer

shall :
1. issue a new certificate of title to the

owner's

duplicate

memorandum of such deed of

conveyance and of the issuance
of the transfer certificate to the

technical descriptions shall be filed

the

was

of its instrumentalities.
5. If the land has been subdivided into

descriptions :
- the original of the plan
- together with a certified copy of the

in

portion

purchased from the Government or any

corresponding certificate in his name.

Upon the approval of the plan and technical

with the Register of Deeds:

o
for annotation

unsegregated

grantee for the lot or lots thus

b.

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

grantee for the portion conveyed,

2. and at the same time cancel the grantor's

registration book, they shall be carried over and

certificate partially with respect only to

except so far as they may be simultaneously

said portion conveyed, or,

3. if the grantor so desires, his certificate
may be canceled totally and a new one

stated in the new certificate or certificates;

released or discharged.
INVOLUNTARY DEALINGS

Section 69. Attachments.

1. An attachment,
2. Or a copy of any writ,
3. Order or process
4. Issued by a court of record,
5. 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,
Shall contain a reference to the number of the
certificate of title to be affected
Andthe 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

1. signed
2. and sworn to,
3. and shall state the adverse claimant's residence,
4. 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

original

just and equitable. If the adverse claim

registration, may, if no other provision is made

in this Decree for registering the same :
1. make a statement in writing setting
forth fully his alleged right or interest,
2. and how or under whom acquired
a. a reference to the number of the
certificate

of

title

of

registered owner,
the name of the registered

c.

owner,
and a description of the land in

which the right

d. or interest is claimed.
The statement shall be :

is adjudged to be invalid,
the registration thereof shall be ordered

canceled
If, in any case, the court, after notice and
hearing, shall :
1. find that the

the

b.

of such adverse claim,

and shall render judgment as may be

2.

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

thereof

withdraw his adverse claim by filing with the

instrument for that purpose shall be

Register of Deeds a sworn petition to that effect.

Section 71. Surrender of certificate in

registered with the Register of Deeds.

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

other lien may be made thereon.

If the owner neglects or refuses to comply

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,

within a reasonable time, the Register of Deeds

shall

shall :
1. report the matter to the court,
2. and it shall, after notice, enter an order

presentation to the Register of Deeds.

to the owner,
3. to produce his certificate at a time and
place named therein,
4. and may enforce the order by suitable
process.

other

the action or proceedings in which said

owner,
2. Stating that such paper has been

a memorandum of the attachment or

or

decision or judgment of the court where

of Deeds shall, within thirty-six hours thereafter,

1. send notice by mail to the registered

produce his duplicate certificate so that

certificate

Section 73. Registration of orders of court, etc.

If an attachment is :
1. continued,
2. reduced,
3. dissolved,
4. or otherwise affected by an order,

presented at the time of registration, the Register

registered, and requesting him to send or

the

be

entitled

to

be

registered

upon

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

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

Attachments and liens of every description upon
registered land shall be :
1. Continued
2. Reduced
3. discharged
4. and dissolved by any method sufficient
in law,
5. and to give effect to the continuance,
reduction,

discharge

or

dissolution

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

3.

lien or encumbrance.
Section 75. Application for new certificate upon

as well as the date of the institution

thereof, together with a reference to the

number of the certificate of title,

4. and an adequate description of the land

expiration of redemption period.

affected

and

the

registered

owner

Upon the expiration of the time, if any, allowed

thereof, shall have been filed and

by law for redemption after registered land has

registered.

been sold on execution taken or sold for the

Section 77. Cancellation of lis pendens.

enforcement of a lien of any description, except

Before final judgment, a notice of lis pendens

a:
1. mortgage lien,
2. the purchaser at such sale
3. or anyone claiming under him may

may be canceled upon order of the court,

1. after proper showing that the notice is
for the purpose of molesting the adverse

petition the court for the entry of a new

certificate of title to him.

2.

party,
or that it is not necessary to protect the
rights of the party who caused it to be

Before the entry of a new certificate of title, the

registered owner may :
1. pursue all legal and equitable remedies
to impeach or annul such proceedings.
Section 76. Notice of lis pendens.

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

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

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,

affecting the title to land or the use or

occupation thereof or the buildings thereon, and
no judgment, and no proceeding 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 :
1. the institution of such action
2. or proceeding and the court wherein the
same is pending,

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.