Report in Land Titles and Deeds

8/13/2019 Report in Land Titles and Deeds

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REGISTRATION OF

JUDGMENTS; ORDERS;

PARTITIONS


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REGISTRATION OF JUDGMENT

Action for recovery of possession orownership affecting registered land Plaintiff shall be entitled to registration upon

presentation of a certificate of entry from the Clerk ofCourt to the Register of Deeds who shall enter amemorandum upon the certificate of title coveringthe land subject of the action.

If only a portion of the land described in the

certificate of title is affected by the judgment, thecertificate of the clerk of court shall contain adescription of the portion involved.


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REGISTRATION OF JUDGMENT ADJUDICATING

OWNERSHIP

Action for recovery of possession judgmenthas been entered for the plaintiff Judgment shall in like manner be registered and the

adjudicates shall be entitled to the issuance of a new

certificate of title upon cancellation of the title of thepreceding owner.

If the owner neglects or refuses to produce hisowner’s duplicate certificate for cancellation by theRegister of Deeds, the Court shall, on application

and notice, enter an order to the owner toproduce said owner’s duplicate at the time andplace designated and may enforce the order bysuitable process.


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EXECUTION OF DEED PURSUANT TO A

JUDGMENT

Judgment is rendered by the court affectingregistered property

The court shall direct the parties to execute the

requisite deed or instrument as may be necessary togive effect to the judgment for registration.


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In the event the person required to execute the deed or

instrument is absent from the Philippines, or is a minor,

or insane, or is not amenable to the process of the

court

The court may appoint a suitable person as trustee to

execute such deed or instrument which shall be entitled to

registration.


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PARTITION, IN GENERAL

Is the separation, division and assignment of athing held in common among those to whom itmay belong.

Both real and personal properties may be theobject of partition.

Every co-heir has a right to demand the divisionof the estate unless the testator should have

expressly forbidden its partition, in which casethe period of indivision shall not exceed twentyyears as provided in Article 494 of the CivilCode.


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JUDICIAL PARTITION (SEC. 81, PD 1529)

An action for partition for real property is a judicialcontroversy between persons who being co-owners seekto secure division or partition among them of the commonproperty, giving to each one the part corresponding to him

Provides that after the entry of the final judgment ofpartition, a copy of such final judgment, certified by theclerk of court, shall be filed and registered with the properRegistry of Deeds. Thereupon, if the land is set off to theowners in severalty, each owner shall be entitled to havehis certificate entered showing the share set-off to him inseveralty and to receive an owner’s duplicate thereof.


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EXTRAJUDICIAL PARTITION

The parties may without having letters ofauthorization, divide the estate amongthemselves as they see fit by means of a publicinstrument filed in the office of the RD and

should they disagree, they may do so in anordinary action for partition.

If there be only one heir, he may adjudicate tohimself the entire estate by means of an affidavit

filed with the office of the RD Filing of a bond is a condition precedent to the

filing of the public instrument


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ORAL PARTITION

This practice has been found to be not onlyconvenient and inexpensive, but evenadvisable, and is accepted by people and we

find no good reason for disturbing said goodpractice

Now, when valuable properties especiallythose covered by certificates of title, perhapsstrict compliance with the law may beadvisable even necessary


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Partition among heirs or renunciation of aninheritance by any of them is not covered by

the Statute of Frauds


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GENERAL RULE:

Action for partition is imprescriptible

EXCEPTION:

Imprescriptibility cannot be invoked whenone of the co-owners of a property has

possessed the property as exclusive ownerand for a period sufficient to acquire it byprescription.


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STAGES IN PARTITION

Determination of whether or not a co-ownershipin fact exists and a partition is proper, that is, itis not otherwise legally prescribed and may be

made by voluntary agreement of all the partiesinterested in the property

Second stage is when the parties are unable toagree upon the partition ordered by the court. In

that event, the partition shall be effected for theparties by the court with the assistance of notmore than 3 commissioners.


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The second stage may also deal with the

rendition of the accounting itself and its approval

by the Court after the parties have beenaccorded the opportunity to be heard thereon,

and the award for the recovery by the parties

entitled of their just shares in the rents andprofits of the real estate in question. Such an

order is to be sure also final and appealable.


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PROOF OF PARTITION

Partition may be inferred from circumstances sufficientlystrong to support the presumption.

Recitals in deeds, possession and occupation of the land,improvements made thereon for a long series of years,and acquiescence of 60years, furnish sufficient evidencethat there was an actual partition of land either by deed orby proceedings in the probate court, which has been lostand not recorded.

And where a tract of land has long been known and calledby the name of one of the tenants in common, and thereis no evidence of any subsequent claim of tenancy incommon, it may be fairly inferred that there has been apartition and that such lot was set-off to him whose nameit bears.


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FINALITY OF JUDGMENT; EXECUTION

Judgment ordering partition with damages is final andduly appealable, notwithstanding the fact that furtherproceedings will still have to tale place in the trial court.

Execution thereof becomes a matter of right on the part ofthe plaintiffs and is a mandatory and ministerial duty onthe part of the court

Once a judgment becomes final and executory, theprevailing party can have it executed as a matter of right,and the judgment debtor need not be given advancenotice of the application for execution nor be affordedprior hearings thereon

Failure to serve a copy for the motion for execution is nota fatal defect. In fact, there is no necessity for suchservice.


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PURPOSE OF REGISTRATION

Notify and protect the interests of strangers to a giventransaction, who may be ignorant thereof, but theregistration of the deed evidencing such transactiondoesn’t relieve the parties thereto of their obligationsthereunder.

As originally conceived, registration is merely a species ofnotice. The act of registering a document is nevernecessary in order to give it legal effect as between theparties.

Requirements for the recording of an instruments aredesigned to prevent frauds and to permit and require thepublic to act with the presumption that recorded

instruments exist and are genuine.


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INSOLVENCY PROCEEDINGS IN REM


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Consequently, a liquidation of similar import

or other equivalent general liquidation must

alson necessarily be a proceeding in rem so

that all interested persons whether known to

the parties or not may be bound by such

proceeding


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NOTICE OF INSOLVENCY; POWERS OF ASSIGNEE

It shall be the duty of the officer servingthe notice of the institution of suchproceedings to file a copy thereof with the officeof the RD for the province and city where the

land is situated The assignee shall be entitled to the entry of a

new certificate of the registered land of thedebtor or bankrupt, upon presenting and

filing of a certified copy of the assignmentin insolvency or order or adjudication inbankruptcy, together with the insolvent’s orbankrupt’s certificate of title


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LAND TAKEN BY EMINENT DOMAIN

Private lands taken by the government for publicuse under its own power of eminent domainbecome unquestionably part of the publicdomain

The Register of Deeds is authorized to issue inthe name of the national government a newcertificate of title covering such expropriated

lands Consequently, lands registered under Act 498

and PD 1529 are not exclusively private orpatrimonial lands. Lands of the public domain

may also be registered pursuant to existing


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When real estate is expropriated, a certified

copy of such judgment shall be recorded in

the RD of the place in which the property is

situated, and its effect shall be to vest in the

plaintiff the title to the real estate as

described for such public use or purpose


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Documents

Report in Land Titles and Deeds