INVOLUNTARY DEALINGS WITH REGISTERED LAND

INVOLUNTARY DEALINGS WITH REGISTERED LAND

INVOLUNTARY DEALINGS – transactions affecting land in which cooperation of registered owner is not needed: it may even be against his will

ATTACHMENT
• A writ issued at the institution or during progress of an action commanding the sheriff to attach the property, rights, credits or effects of the defendant to satisfy demands of the plaintiff

• Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution

REGISTRATION OF ATTACHMENT/OTHER LIENS
1. Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with ROD where land lies, containing number of certificate of title of land to be affected or description of land

2. ROD to index attachment in names of both plaintiff & defendant or name of person whom property is held or in whose name stands in the records

3. If duplicate of certificate of title is not presented:
a. ROD shall within 36 hours send notice to registered owner by mail stating that there has been registration & requesting him to produce duplicate so that memorandum be made

b. If owner neglects or refuses – ROD shall report matter to court
c. Court after notice shall enter an order to owner to surrender certificate at time & place to be named therein

4. Although notice of attachment is not noted in duplicate, notation in book of entry of ROD produces effect of registration already

EFFECT OF REGISTRATION OF ATTACHMENT:
1. Creates real right

2. Has priority over execution sale

3. But between 2 attachments – one that is earlier in registration is preferred

4. If not registered – actual knowledge is same as registration

DUTY OF ROD
• Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant

2. No evidence is submitted to show that he has present or possible future interest in land

3. Unless: heir

PROPERTIES EXEMPT FROM EXECUTION: Family Home

ATTACHMENT – How continued, reduced or discharged
• Any method sufficient in law
• Document to be registered

1. EXECUTION SALE
• To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with ROD where land lies

• Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance

• To determine preferential rights between 2 liens: priority of registration of attachment

2. TAX SALE
• Sale of land for collection of delinquent taxes and penalties due the government

• In personam (all persons interested shall be notified so that they are given opportunity to be heard)

• Notice to be given to delinquent tax payer at last known address

• Publication of notice must also be made in English, Spanish & local dialect & posted in a public & conspicuous place in place wherein property is situated & at main entrance of provincial building

• Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed

• Tax lien superior to attachment

• No need to register tax lien because it is automatically registered once the tax accrues

• But sale of registered land to foreclose a tax lien need to be registered

PROCEDURE OF REGISTRATION OF TAX SALE:
1. Officer’s return shall be submitted to ROD together with duplicate title

2. Register in registration book

3. Memorandum shall be entered in certificate as an adverse claim or encumbrance

4. After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of title & issuance of new one

5. Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall not be cancelled

ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION OF ADVERSE CLAIM
1. Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no. of certificate of land, name of registered owner, description of land in which right/interest is claimed – signed & sworn to

2. Statement shall be entitled to registration as adverse claim on certificate of title

3. Effective for 30 days from date of registration

4. After 30 days, may be cancelled by filing of verified petition by party in interest
• Any party may petition in court to cancel adverse claim
• Court to grant speedy hearing
• If adverse claim is adjudged invalid – may be cancelled

5. No 2nd adverse claim based on same ground shall be registered by same claimant