SUBSEQUENT REGISTRATION
registered owner but are
Subsequent registration refers to
incidental matters that may occur
after original registration is
brought before the land
registration court by way of
motion or petition by the
registered owner or party in
interest.
The effect of the act registering
the instrument in the Register of
Deeds of the province or city
where the land lies creates an
operative act that conveys
ownership or affects the land
insofar as third persons are
concerned.
There are two kinds of dealings
under subsequent registration,
voluntary dealings and
involuntary dealings.
Voluntary dealings refer to deeds,
instruments, or documents which
are the result of the free and
voluntary act of the parties
thereto such as Sale, Real
Property Mortgage, Lease, Pacto
de Retro Sale, Extra-judicial
Settlement, Free Patent or
Homestead, Powers of Attorney,
and Trusts. In voluntary dealings,
there is a need to present the
owners duplicate of certificate of
title to the ROD of the province or
city where the land lies in order to
make a memorandum on the title.
(SRL-PEF-PT)
Involuntary dealings refer to such
writ or order which are issued by
the court affecting the land, and
such instruments are not the
result of the willful acts of the
executed even without his
knowledge or consent such as
Attachment, Injunction,
Mandamus, Sale on Execution of
Judgment or Sales for Taxes,
Adverse Claims, and Notice of Lis
Pendens. In involuntary dealings,
there is no need to present the
owners duplicate of certificate of
title. (AIM-SAN)
VOLUNTARY DEALINGS
Failure of the contracting parties
to have the document registered
does not affect the validity and
enforceability of the contract
between them for registration
serves chiefly to bind third
persons and not parties to a
contract that a transaction of
involving property is entered into.
Rule of Notice, it is presumed that
the purchaser has examined
every instrument of record
affecting the title.
He who is first in time is
preferred in right.
Mirror principle, where there is
nothing on the certificate of title
to indicate a cloud or vice in
ownership or encumbrance, the
purchaser is not required to
explore further on the Torrens.
The loss of the certificate of title
of a titled land does not convert
the land into unregistered land.
What creates bad faith in case of Gazette and posted in
double sale is knowledge of conspicuous place with a
previous sale. copy furnished to the mayor
and barangay captain.
CADASTRAL REGISTRATION 2. Notice of the date of survey
by the Bureau of Land
Cadastral registration is a Management and posting in
proceeding in rem initiated by a bulletin board if municipal
filing of petition for registration by building of the municipality
the government, not by the or barrio, and he shall mark
persons claiming ownership of the the boundaries of the lands
land subject thereof, and the by monuments set up in
latter are, on the pain of losing proper places thereon.
their claim thereto, in effect, 3. Cadastral survey.
compelled to go to court to make 4. Filing of petition.
known of their claim or interest 5. Publication.
therein and substantiate such 6. Filing of answer.
claim or interest. 7. Hearing of the case.
Procedure: 8. Decision.
1. Notice of cadastral survey 9. Issuance of the decree and
published once in Official certificate of title.

Procedure in Ordinary Land Registration: SFD-TP-SAH-

DECT

1. Survey of the land by the Bureau of Lands or a duly licensed private

surveyor
a. Survey must be duly approved by the Director of Lands
2. Filing of application for registration by the applicant
a. With all muniments of titles and copies thereof with survey plan
approved by Bureau of Lands
MUNIMENTS OF TITLE are instruments or written evidence which
applicant holds or possesses to enable him to substantiate and
prove title to his estate
b. Always filed at the RTC of the place where land is situated
c. In the city of Manila, the application should be filed with the General
Land Registration Office (now Land Registration Authority)
d. Indorsed to the MTC if there is no controversy over the land or if its
value is less than 100,000
e. In cases of delegated jurisdiction to the MTC, appeal is directed to
CA
 f. If the land is situated between boundaries of two(2) provinces,
application must be filed:
i. When the boundaries are not defined: in the RTC of the place
where it is declared for taxation purposes
ii. When boundaries are defined: separate plan for each portion
must be made by a surveyor and a separate application for
each lot must be file with the appropriate RTC
3. Setting of the DATE of initial hearing of application by the RTC
a. Within 5 days, set hearing 45-90 days from date of Order
4. Transmittal of the application and date of initial hearing, with all the
documents or other evidences attached thereto, by the Clerk of Court to
the Land Registration Authority
5. Publication of notice of the filing of the application and the date and
place of the hearing in the Official Gazette by the Administrator of the
Land Registration Authority
a. Publication of notice Initial Hearing
i. once in the Official Gazette, this confers jurisdiction upon the
court
ii. once in a newspaper of general circulation
to confer jurisdiction over the land applied for upon the
court
to charge the whole world with knowledge of the
application of the land involved, and invite them to
take part in the case and assert and prove their rights
over the subject land
b. Mailing
i. Within 7 days after publication of said notice in the Official
Gazette, mailing of notice to:
Persons named in the notice
Secretary of Public Highways, Provincial Governor, and
Mayor, if the applicant requests to have the line of a
public way or road determined
Secretary of Agrarian Reform, Solicitor General,
Director of Lands, Director of Fisheries, and Director of
Mines, if the land borders on a river, navigable stream
or shore, or on an arm of the sea whre a river or
harbor lies
Other persons as the court may deem proper
c. Posting
i. A copy of the notice of initial hearing duly attested by the
Administrator of Land Registration Authority by posted by the
Sheriff of the province or city in a conspicuous place on
subject land and on bulletin board of municipal/city bulding
at least 14 days before initial hearing
6. Service of notice by the sheriff upon contiguous owners, occupants and
those known to have interests in the property
7. Filing of answer to the application by any person whether named in the
notice or not
a. The answer shall state all the objections to the application and shall
set forth the interest claimed by the party filing the same and apply
for the remedy desired
b. Shall be signed and sworn to by him or by some person in his behalf
i. A person who justly oppose an application should find
himself out of time
Ask for the lifting of the order of general or special
default
Once lifted, to file an opposition to the application
8. Hearing by the court
a. Who may hear the case
i. The Court may either hear the parties
ii. Refer the case or any part thereof to a referee, also known as
Commissioner
Judge retains discretion to accept the report in part
and set aside in part or reverse it entirely
9. Promulgation of Judgement by the Court
10.Issuance of the Decree declaring the decision final and instructing the
LRA to issue a decree of confirmation and registration
11.Entry of the decree of registration in the Land Registration Authority
a. One(1) year after the date of entry, it becomes incontrovertible and
amendments will not be allowed except clerical errors. It is deemed
conclusive as to the whole world
b. Puts an end to litigation
c. Purpose of Torrens system is protected
12.Sending of a Copy of the decree of registration to the corresponding
Registry of Deeds
13.Transcription of the decree of registration in the registration book and
issuance of the owners duplicate original certificate of title to the
applicant by the Registry of Deeds upon payment of the prescribed fees