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Voluntary & Involuntary

Dealings

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Torrens System of Registration

System for registration of land Purpose: To quiet title to land and stop forever

any questions as to its legality.

Concept

Does not create or vest title

Only conrms ownership

Spanish system of recording no longerallowed and all registered thereunder shall econsidered unregistered lands.

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REGISTRATION

Operative act to convey or a!ect the landinsofar as third persons are concerned.

Original and subsequent registration

"ade in the o#ce of the Registrar of Deeds

for the province or city where the land lies. $onstructive notice to all persons.

The party%s &nowledge of the unregisteredsale in favor of another is equivalent toregistration.

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Subsequent Registration

'oluntary conveyances ind the land uponregistration

Shall e the operative act to convey or e!ectthe land insofar as third persons are concerned

$reates constructive notice to the whole worldof the fact of conveyance

The &nowledge of the unregistered sale isequivalent to registration

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Stages in subsequent registration

(. Execution of Deeds Only pulic instruments are registrale

Shall e signed y the person)s e*ecuting and

at least + witnesses ,Sec ((+ PD (-+/ 0efore the notary pulic

+. Surrender of Owners duplicate of title

Sec -1 PD (-+

1. Entry in the Day Book

Registration retroacts to the time of entry inthe Day 0oo&

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oluntary Registration

2illful act of the registered owner

S3$. -1 PD (-+. 4o voluntary instrument shalle registered y the Register of Deeds5 unless theowner%s duplicate certicate is presented with

such instrument5 e*cept in cases e*presslyprovided for in this Decree or upon order of thecourt5 for cause shown.

3*ample: Sale5 Donation5 mortgage5 lease

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Registration of Voluntary deeds

(. Essential requisites of contract:

a. Parties 6 name5 age5 civil status5 nationality5 residence

. Su7ect matter 6 description of property ased on thetitle ,if titled/ or technical description in the sud planduly approved y 8R9 or D34R ,if sudivided/

c. $ause or consideration 6 &ind of currency5 amount inwords or gures

. !or"al require"ents of a pulic instrument

a. signatures of parties and + instrumental witnesses

. "arital consent

c. 9c&nowledgment efore a 4otary Pulic

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nvoluntary Registration

Registration is done against the will of theregistered owner

4o need to surrender the owner%s copy of title

Exa"ples: 4otice of lis pendens5 adverse claims5

attachments 8atest ;urisprudence: 8evin v. 0ass

Entry in the day book is a sufcient notice to allpersons o such adverse claim

E#ects of Registration

a. Transferee ound y outcome of suit

. Property may still e alienated or encumered

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NOTICE OF LIS PENDENS

9nnouncement to the whole world that aparticular real property is in litigation.

serves as a warning that one who acquires aninterest over said property does so at his own

ris& $ow cancelled or discharged