Registry of Deeds
Land Titling in Camarines Sur
By
Joey D. Co
The formalization of property rights in the Philippines is
supported by a land registry system that includes the recording
and registration of land titles. An effective and reliable land
registration is critical since it denotes the State’s recognition
and guarantee over an individual owner’s and corporation’s
property rights.
Thus, the Land Registration Commission renamed as the Land
Registration Authority (LRA) under the Administrative Code of
1987, was created under Presidential Decree 1529 or the Property
Registration Decree in June 11, 1978. The LRA is under the
executive supervision of the Department of Justice and has the
following functions:
1. 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;
2. Extend assistance to Courts in ordinary and cadastral land
registration proceeding, and
3. Be the central repository or records relative to the original
registration of land titled under the Torrens system, including
subdivisions and consolidation plans of titled lands.
(Photo
Caption) ATTY. VICTORIANO D. CAUBANG II, the Register of
Deeds (ROD) of Camarines Sur, and also the acting ROD of the
Registry of Deeds-Albay. Due to his sterling performance, he was
conferred the “Outstanding LRA Official Award” by DOJ Secretary
Raul Gonzales during the DOJ 107th Foundation Day last September
24, 2004.
Register of Deeds
PD 1529 also provides that there shall be at least one Register of
Deeds for each province and one for each city. The Register of
Deeds shall be a member of the Philippine Bar, and shall be
appointed by the President of the Philippines upon the
recommendation of the Secretary of Justice.
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. The Registry of Deeds Camarines
Sur for example, as of October 31, 2005 has 136,605 land titles in
its secure vault broken down into: 28,000 Emancipation Patents
(EPs), 16,000 Certificates of Land Ownership Award (CLOAs), 27,722
Free Patents, 43,000 Transfer Certificate of Titles (TCTs), 10,400
Reconstituted Patents, 11,800 Reconstituted TCTs, 900
Reconstituted Torrens, and 783 Torrens titles.
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/she shall see to it that said instrument
bears the proper documentary and science stamps and that the same
are properly cancelled. If the instrument is not registrable,
he/she shall forthwith deny registration thereof and inform the
presentor of such denial in writing, stating the ground or reason
therefore, and advising him of his right to appeal by consulta in
accordance with Section 117 of PD 1529.
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/her 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 (now the LRA
Administrator) by the Register of Deeds, or by the party in
interest through 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
denial of registration to the LRA Administrator upon payment of a
consulta fee. (Php180.00)
The Register of Deeds shall make a memorandum of the pending
consulta on the certificate of title which shall be cancelled motu
proprio by the Register of Deeds after final resolution or
decision thereof, or before resolution, if withdrawn by the
petitioner.
The LRA Administrator, 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 consulta shall be conclusive
and binding upon all Register of Deeds, provided, that the party
in interest who disagrees with the final resolution, ruling or
order of the Administrator relative to consultas may appeal to the
Court of Appeals within the period and in the manner provided in
Republic Act No. 5434.
Registry of Deeds (ROD) Camarines Sur
In February 2, 2004, the ROD Camarines Sur was recognized
nationwide as the Top Performer for C/Y 2003 by the Land
Registration Authority (LRA) for its “exemplary performance in the
registration of land titles and other related transactions, and
for its invaluable contribution to the successful implementation
of the Comprehensive Agrarian Reform program (CARP)”. Furthermore,
ROD Camarines Sur also received a Special Citation on February 2,
2005 during the 102nd LRA Anniversary for being one of the Top
Three CARP Performer for C/Y 2004, and “for its unwavering support
& commitment to uphold and realize the vision of the CARP.”
During the LRA Centennial Anniversary Celebration last February 1,
2003 ROD Camarines Sur was also given a Plaque of Recognition for
being the Model Registry of Deeds Office for Region V. The
multi-awarded office and its sterling performance augurs well for
the dynamic leadership and deft management of Atty. Victoriano
David Caubang II, the Register of Deeds of the province. In fact,
no less than the Department of Justice (DOJ) Secretary Raul
Gonzales conferred to him the Outstanding LRA Official Award
during the DOJ 107th Foundation Day last September 24, 2004.
Atty. Caubang, 44 years old, hails from Naga City and got his AB/BSBA
degree from Ateneo de Naga College in 1981. He graduated from the
UNC College of Law in 1991, and took the bar the same year. He
passed the Bar in 1992 and was appointed as the Deputy Register of
Deeds of ROD Camarines Sur the same year. He held this position
for eleven years until he was appointed as the Register of Deeds
on May 17, 2002. As Register of Deeds, he supervises 35 personnel
including his trusted deputy, Atty Emmnauel E. Tuy of the
provincial Registry of Deeds located at Hospital Road, Panganiban
Drive, Naga City. Atty. Caubang is also the acting Register of
Deeds of ROD Albay for the past three years on a concurrent
capacity.
Why Register the Lands?
Register of Deeds Caubang explains, “Land registration is not a
requisite in transferring the ownership of real estate properties
since a deed of conveyance would suffice. However it provides a
constructive notice to the public since the act of registration
brings the land under the operation of the Torrens system.” It is
a well-settled rule that registration is not necessary to make a
contract of sale valid and effective as between the parties
thereto. For, actual notice is equivalent to registration. It is
likewise settled that the purpose of registration is to give
notice to third persons. Failure of registration would not, at
anytime after the sale, vitiate or annul the right of ownership
conferred by such sale. (Phil. Suburban Dev. Corp. v. Auditor
General, G.R. No. L-19545, Apr. 18, 1975; 63 SCRA 397)
The act of registering a document is never necessary in order to
give it legal effect as between the parties. However, the purpose
of registration is to afford some means of publicity so that
persons dealing with real property may search of records and
thereby acquire security against instruments the execution of
which has not been revealed. The system maintains a permanent
record of landholdings, in order to prevent fraudulent claims to
lands by concealment of transfers. (Peña, 1988)
Peña defines land title to that which ownership is based, and the
evidence of the right of the owner or the extent of his interest,
and by which means he can maintain control and as a rule assert
right to exclusive possession and enjoyment of the property. On
the other hand, the term deed refers to an instrument in writing
by which any real estate or interest therein is created,
alienated, mortgaged, or assigned, or by which the title to any
real estate may be affected in law or equity. (Registration of
Land Titles and Deeds, 1988)
Atty. Caubang adds, “What it means is that the titles generated
either through judicial or administrative proceedings become
indefeasible, incontrovertible, and imprescriptible.” Indefeasible
would mean that the title of registered land cannot be annulled.
Incontrovertible would mean the certificate of title cannot be
questioned, altered, modified, or cancelled except in a direct
proceeding in accordance with law. (Section 48 of PD 1529).
Imprescriptible would mean that the title of the registered land
cannot be acquired by prescription or adverse possession, and
cannot be given to another person except through the applicability
of laches. (Laches is defined as the unreasonable delay or
negligence in asserting one’s legal rights which serves to bar
those rights). A title once registered cannot be defeated, even by
adverse, open, and notorious possession. Registered title under
the Torrens system cannot be defeated by prescription. The title,
once registered, is notice to the world. All persons must take
notice, and no one can plead ignorance of the registration. (J.M.
Tuason & Co. v. Ct of App. and Reñosa, G.R. No. L-23480, Sept.11,
1979, 93 SCRA 146)
Under the ordinary registration proceedings, the following may
apply for registration of land titles in the proper Regional Trial
Court (RTC):
1. Those who by themselves or through their
predecessors-in-interest have been in open, continuous, 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 provisions of existing laws. (30 years at
least)
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 by the law.
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.
Obtaining Certificate of Titles
A Torrens title is the certificate of ownership issued under the
Torrens system of registration by the government thru the Register
of Deeds; naming and declaring the owner in fee simple of the real
property described therein, free from all liens and encumbrances
except as may be expressly noted thereon or otherwise reserved by
law. Legally defined, a certificate of title is the transcript of
the decree of registration made by the Register of Deeds.
A certificate of title accumulates all the ultimate facts with
respect to a particular piece of registered land in one single
document, making out a precise and correct statement of the exact
status of the fee simple title which the owner has in fact. Once
issued, the certificate is the evidence of the title which the
owner has. except under the Torrens system. The government does
not issue any certificate of title or official declaration of
ownership with the characteristic of finality and
conclusiveness.(Peña, 1988)
PD 1529 allows both judicial proceedings and administrative
issuances in obtaining a Certificate of Title. In judicial
proceedings, within 15 days from entry of final judgment, the
Court shall issue an order directing the LRA Administrator to
issue the corresponding decree of registration and Certificate of
Title. Thereupon, the Administrator shall cause to be prepared the
decree of registration as well as the original and duplicate of
the Original Certificate of Title (OCT) which shall be sent to the
concerned Register of Deeds where the property is situated for
entry in the respective Registration Book.
The Owner’s Duplicate Certificate of Title shall be delivered to
the registered owner after the original copy of the Original
Certificate of Title is filed in the Registry of Deeds concerned
to constitute the Registration Book for titled properties. The
subsequent certificates 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” (TCT), and likewise
issued in duplicate. All subsequent titles are known as transfer
certificates.
On the other hand, the Administrative issuance of titles is being
undertaken by the Department of Environment and Natural resources
(DENR), and the Department of Agrarian Reform. The DENR issues
Free Patents, and Homestead Certificates while the DAR issues EPs,
and CLOAs.
Section 104 of the Registration Decree also provides that the DAR
shall prepare a special registry book known as the Provisional
Register of Documents issued under P.D. 27, which shall be kept
and maintained in every registry of Deeds throughout the country
and it shall be a register of all Certificates of Land Transfer (CLT)
issued under P.D. 27, and all subsequent transactions such as
adjustments, transfer, duplication, and cancellation of erroneous
CLTs.
Contentious Land Registrations
Reconstitution of Land Titles.
Although ROD Camarines Sur has so far reconstituted 23,223 titles
as of October 31, 2005, the provincial Register of Deeds believe
that there are still a lot of unreconstituted titles in Camarines
Sur. The destruction of these titles was brought about by a fire
that gutted the Provincial Capitol in June 26, 1976..
Reconstitution of land titles can either be through judicial
proceedings or administrative process. The judicial process is
more tedious and costly on the part of land owner than
administrative process. It must be noted that the ROD provides for
provisional registration of CARP-covered lands until the mother
title is reconstituted. LRA Circular No. 3, issued on December 6,
1988 specifically instituted the entry and provisional
registration of instruments pending reconstitution of titles.
Withdrawal of Registered EPs/CLOAs.
In cases where conflicts arise in the coverage of CARP and when
the Courts rule in favor of the landowner, registered land titles
can be withdrawn. This seldom happens in Camarines Sur however.
This is brought about when Emancipation Patents (EPs) and
Certificate of Land Ownership Award (CLOAs) have been distributed
even prior to the acceptance of the landowners of the valuation or
payment in full, thereby creating conflicts and confusion. Note:
EPs and CLOAs like Transfer of Certificate Titles (TCTs) are
recognized as legal titles to land. These titles indicate that
lands have been acquired through the land and agrarian reform
programs. When such lands are transferred by the awardee to a
transferee by virtue of inheritance or sale, TCTs are issued by
the LRA. (DAR Administrative Order 8, s.1995)
When the Supreme Court reversed this procedure in an
administrative order in 1990, stating that landowners must be paid
first prior to the registration of titles, said SC decision,
however, created a setback in the immediate transfer of land.
Thus, a compromise was reached wherein the registration of EPs/CLOAs
proceeded and a deposit account in the name of the landowner was
created by the LandBank.
Issuance of Collective CLOAs
About 18 percent of the CLOAs issued are collective titles which
cover an area of about 1.6 million hectares or 46 percent of the
total land area awarded under the CARP. A Collective CLOA
signifies collective ownership with the formation or registration
of an organization or cooperative being required. The title or
mother CLOA is issued in the name of the farmers’ organization or
cooperative. This scheme allows for easier registration of titles
since the transfer is only made to one juridical entity and a
subdivision survey is not needed. However, while each beneficiary
has been assigned an area, the actual size and its location has
yet to be verified. Moreover, the collective CLOAs have been
issued mainly to farmer’s organization or cooperative with members
acting individually rather than functioning as cooperatives. With
the title being collective, no one member can sell, mortgage or
use as collateral the title to obtain a loan or capital in the
formal credit sector.
Conflict between Free Patents and CADCs issued
There is a trouble brewing between opposing parties due to the
issuances of two land titles for the same property. Seemingly,
there are Free Patents issued by the DENR within the reservation
areas for indigenous people prior to the enactment of Republic Act
No., or the Indigenous Peoples Rights Act in 1997.
R.A. No. 8371 mandates to protect the rights of indigenous people
to their ancestral domains in order to ensure their economic,
social & cultural well-being. It also recognizes the applicability
of customary laws governing property rights in determining the
ownership and extent of ancestral domain. At present, there is an
aggregate area of more than five million hectares with ancestral
claims, 568,701 hectares of which are located in Luzon.
Because of this problem, the Office of the Solicitor General (Solgen)
through the initiative of the LRA has initiated in the past a
Reversion proceeding that will nullify the issued land titles
being questioned. However, it is expected that said conflict would
be lengthy and contentious as the legal battle for the rightful
owners get underway.
ROD-DAR Partnership
The partnership between the Registry of Deeds (ROD) and the
Department of Agrarian Reform (DAR) in Camarines Sur is exemplary
and impelling.
The DAR cannot accomplish its land distribution targets without
emphatic collaboration and support of the ROD. In the same manner,
the LRA’s mandate and the respective RODs’ accomplishment can be
attained only through DAR’s active and efficient implementation of
the land reform program.
At present, ROD Camarines Sur has four personnel under the LRA-CARP
who functions as land registration examiners, and process all
CARP-related transactions. In addition, there are three personnel
from DAR Camarines Sur Provincial Office who regularly coordinate
and facilitate registration of land titles of CARP-covered lands.
There are also two computers used for the database which were
supplied by the LRA-CARP and DAR Camarines Sur. A year ago, a
software containing the listings of EPs and CLOAs generated were
provided to ROD Camarines Sur by Atty. Miguel S. Gracilla, OIC-Provincial
Agrarian Reform Officer (PARO) of DAR. This facilitated the easy
verification, and research of specific landholding in contrast to
the unreliable and incomplete Index System used before.
Furthermore, Atty Caubang, the Provincial ROD credited Atty.
Gracilla, the OIC-PARO II for the good and beneficial relationship
of the two offices. The constant dialogue according to him, has
continued to help in resolving some kinks, and facilitating the
speedy registration of titles of CARP-covered lands.
