PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

1. LOST DUPLICATE CERTIFICATE
• Sworn statement that certificate is lost to be filed by person in interest with ROD

• Petition to court for issuance of new title

• After notice and hearing – court to order issuance of new title with memorandum that it is issued in place of lost certificate (duplicate)

• If false statement: complex crime of estafa thru falsification of public document

2. ADVERSE CLAIM IN REGISTERED LAND
• Whoever claims a better right or interest in a land adverse to the registered owner shall make written statement alleging his right, how and when acquired with description of land

• Statement to be signed and sworn to

• Entitled to registration as adverse claim – noted on certificate of title

• If there is petition – speedy hearing, determine validity of adverse claim

• May be cancelled without court order; effective only for 30 days

• After cancellation, no adverse claim on same ground may be registered by same claimant:

1) Adverse to registered owner
2) Arises after original registration
3) Cannot be registered under the land registration act

• To be made on original certificate, to the duplicate is not necessary because no access to latter

• Contracts of lease, contract to sell but prescription & money claims not allowed

• Purpose: measure designed to protect the interest of a person over a property where registration is not provided for by the land registration act; serve as notice and warning to persons subsequently dealing on said land

• Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is only for 30 days:

lis pendens – notice that property is in litigation; adverse claim; somebody is claiming better right

• Recent ruling: adverse claim can only be removed upon court order

3. PETITION SEEKING SURRENDER OF DUPLICATE TITLE
• In voluntary and involuntary conveyances – when duplicate cannot be produced, petition in court may be filed to compel surrender of certificate of title duplicate to ROD

• After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall contain annotation re annulment of old certificate

4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE
• A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding

• Entries in registration books not allowed to be altered except by order of court

• Grounds:
1. New interest not appearing on the instrument have been created

2. Interest have terminated or ceased

3. Omission or error was made in entering certificate

4. Name of person on certificate has been changed

5. Registered owner has married

6. Marriage has terminated

7. Corporation which owner registered land has dissolved and has not conveyed the property within 3 years after its dissolution

• What corrections are permitted in title (which does not include lands included in original; technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired; old survey was incorrect; substitution of name of registered owner)
1. Alterations which do not impair rights and

2. Alterations which impair rights – with consent of all parties

3. Alterations to correct obvious mistakes

5. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE
• As consequence of war – records have been destroyed

• When reconstituted – have same validity as old title

• Can only be done judicially by filing a petition for reconstitution with RTC

• To be published in OG for 2 consecutive issues and on main entrance of municipality at least 30 days before hearing

• In rem proceedings

• Court to order reconstitution if it deemed fit; issue order to ROD

• Lack of essential data fatal

6. TRANSACTION EVIDENCED BY LOST DOCUMENT – HOW REGISTERED
• ROD forbidden to effect registration of lost or destroyed documents

• Steps by interested parties:
1. Procure authenticated copy of lost or destroyed instrument

2. Secure an order from court

Hi would like to know the process for petitionong the encumbrance of 2 years validity since the property has a mortgage in the Bank? Thank you