LAND REGISTRATION ACT part 2

Section 69

Any trustee shall have authority to file an application for registration of any land held in trust by him, unless expressly prohibited by the instrument creating the trust.

Section 70

Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents attached by law to unregistered land. Nothing contained in this Act shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, or from liability to attachment on mesne process or levy on execution, or from liability to any lien of any description established by law on land and the buildings thereon, or the interest of the owner in such land or buildings, or to change the laws of descent, or the rights of partition between coparceners, joint tenants and other cotenants, or the right to take the same by eminent domain, or to relieve such land from liability to be appropriated in any lawful manner for the payment of debts, or to change or affect in any other way any other rights or liabilities created by law and applicable to unregistered land, except as otherwise expressly provided in this Act or in the amendments hereof.

Section 71

In every case where a writing of any description or a copy of any writ is required by law to be filed or recorded in the registry of deeds in order to create or preserve any lien, right, or attachment upon unregistered land, such writing or copy when intended to affect registered land, in lieu of recording, shall be filed and registered in the office of the register of deeds for the province in which the land lies, and, in addition to any particulars required in such papers for recording with records of deeds, shall also contain a reference to the number of the certificate of title of the land to be affected, and the volume and page in the registration book where the certificate is registered, and also, if the attachment, right, or lien is not claimed on all the land in any certificate of title, a description sufficiently accurate for identification of the land intended to be affected.

Section 72

In every case where an attachment or other lien or adverse claim of any description is registered, and the duplicate certificate is not presented at the time of registration to the register of deeds, he shall within twenty-four hours thereafter send notice by mail to the registered owner, stating that such paper has been registered, and requesting him to send or produce the duplicate certificate in order that a memorandum of the attachment or other lien or adverse claim shall be made thereon. If the owner neglects or refuses to comply within a reasonable time the register of deeds shall suggest the fact to the court, and the court, after notice shall enter an order to the owner to produce his certificate at a time and place to be named therein and may enforce the order by suitable process.

Section 73

Attachment on mesne process and liens of every description upon registered land shall be continued, reduced, discharged, and dissolved by any method sufficient in law to continue, reduce, discharge or dissolve like liens on unregistered land. All certificates or other instruments which are permitted or required by law to be recorded in the registry of deeds to give effect to the continuance, reduction, discharge, or dissolution of attachments or other liens on unregistered lands, or to give notice of such continuance, reduction, discharge, or dissolution, shall in the case of like liens on registered land be filed with the register of deeds and registered in the registration book, in lieu of recording.

Section 74

All the provisions of law now in force relating to attachments of real estate and leasehold estates on mesne process shall apply to registered land, except that the duties required to be performed by the present recording officer shall be performed by the register of deeds for the province where the land lies, who, in lieu of recording, shall register the facts heretofore required to be recorded, and for that purpose shall keep suitable books.

Section 75

The name and address of the plaintiff’s lawyer shall in all cases be indorsed on the writ or process where an attachment is made, and he shall be deemed to be the attorney of the plaintiff until written notice that he has ceased to be such shall be filed for registration by the plaintiff.

Section 76

Whenever an attachment on mesne process is continued, reduced, dissolved, or otherwise affected by an order, decision, or judgment of the court in which the action or proceeding in which said attachment was made is pending, or by the order of any judge or court having jurisdiction thereof, a certificate of the entry of such order, decision, or judgment from the clerk of the court or judge by which such order, decision, or judgment has been rendered and under the seal of the court or judge, shall be entitled to be registered on presentation to the register of deeds.

Section 77

A lien of any description on registered land shall be enforced in the same manner as like liens upon unregistered land. Whenever registered land is sold on execution, or taken or sold for taxes or for any assessment, or to enforce a lien of any character, or for any costs and charges incident to such liens, any execution or copy of execution, any officer’s return, or any deed, demand, certificate, or affidavit, or other instrument made in the course of proceedings to enforce such liens and required by law to be recorded in the registry of deeds in the case of unregistered land, shall be filed with the register of deeds for the province where the land lies and registered in the registration book, and a memorandum made upon the proper certificate of title, in each case, as an adverse claim or encumbrance.

Section 78

Upon the expiration of the time, if any, allowed by law for redemption after registered land has been sold on any execution, or taken or sold for the enforcement of any lien of any description, the person claiming under the execution or under any deed or other instrument made in the course of the proceedings to levy such execution or enforce any lien, may petition the court for the entry of a new certificate to him, and the application may be granted: Provided, however, That every new certificate entered under this section shall contain a memorandum of the nature of the proceeding on which it is based: Provided further, That at any time prior to the entry of a new certificate the registered owner may pursue all his lawful remedies to impeach or annul proceedings under executions or to enforce liens of any description.

Section 79

No action to recover possession of real estate, or to quiet the title thereto, or to remove clouds upon the title thereof, or for partition of other proceeding of any kind in court affecting the title to real estate or the use and occupation thereof or the buildings thereon, and no judgment or decree, and no proceeding to vacate or reverse any judgment or decree, shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum stating the institution of such action or proceeding and the court wherein the same is pending, and the date of the institution thereof, containing also a reference to the number of the certificate of title of the land affected and the volume and page of the registration book where it is entered, shall be filed and registered. This section shall not apply to attachments, levies of execution, or to proceedings for the probate of wills, or for administration of the estates of deceased persons in the Court of First Instance: Provided, however, That in case notice of the pendency of the action has been duly registered it shall be sufficient to register the judgment or decree in such action within sixty days after the rendition thereof.

Section 80

At any time after final judgment or decree in favor of the defendant, or other disposition of the action such as to terminate finally all rights of the plaintiff in and to the land and buildings involved, in any case in which a memorandum has been registered as provided in the preceding section, a certificate of the clerk of the court in which the action or proceeding was pending stating the manner of disposal thereof shall be entitled to registration.

Section 81

Whenever in any action to recover the possession or ownership of real estate or any interest therein affecting registered land judgment is entered for the plaintiff, such judgment shall be entitled to registration on presentation of a certificate of the entry thereof from the clerk of the court where the action is pending to the register of deeds for the province where the land lies, who shall enter a memorandum upon the certificate of title of the land to which such judgment relates. If the judgment does not apply to all the land described in the certificate of title, the certificate of the clerk of the court where the action is pending and the memorandum entered by the register of deeds shall contain a description of the land affected by the judgment.

Section 82

When in any action to recover the possession or title of real estate or an interest therein execution has been issued directing the officer to place the plaintiff in possession of the land affected by the judgment on which the execution was issued, the officer shall cause an attested copy of the execution, with a return of his doings thereon, to be filed and registered within three months after the service, and before the return of the execution into the office of the clerk whence it issued, and the plaintiff, in case the judgment was that he was entitled to an estate in fee simple in the demanded premises or in any part thereof, and for which execution issued, shall thereupon be entitled to the entry of a new certificate of title and to a cancellation or the certificate and owner’s duplicate certificate of the former registered owner. If the former registered owner neglects or refuses within a reasonable time after request to produce his duplicate certificate in order that the same may be canceled, the court on application and after notice shall enter an order to the owner to produce his certificate at the time and place named therein and may enforce the order by suitable process.

Section 83

Every court passing a judgment or decree in favor of the plaintiff affecting registered land shall, upon application of the plaintiff, order any parties before it to execute for registration any deed or instrument necessary to give effect to its judgment or decree, and may require the registered owner to deliver his duplicate certificate to the plaintiff to be canceled or to have a memorandum entered upon it by the register of deeds. In case the person required to execute any deed or other instrument necessary to give effect to the judgment or decree is absent from the Philippine Islands, or is a minor, or insane, or for any reason not amenable to the process of the court, the court passing the judgment or decree may appoint some suitable person a trustee to execute such instrument, and the same when executed shall be registered and shall have full force and effect to bind the land to be affected thereby.

Section 84

In all proceedings for partition of registered land, after the entry of the final judgment or decree of partition and the filing of the report of the committee or commissioners and final judgment thereon, a copy of the final judgment or decree, certified by the clerk of the court rendering the same, shall be filed and registered; and thereupon, in case the land is set off to the owners in severalty, any owner shall be entitled to have his certificate entered to the share set off to him in severalty, and to receive an owner’s duplicate thereof. In case the land is ordered by the court to be sold, the purchaser or his assigns shall be entitled to have a certificate of title entered to him or to them on presenting the deed of the commissioners or committee for registration. In case the land is ordered by the court rendering the judgment to be set off in entirety to one of the parties upon payment to the other parties to the action, the party to whom the land is thus ordered to be set off shall be entitled to have a certificate of the title entered to him on presenting a copy of the judgment or decree certified by the clerk of the court rendering the same: Provided, however, That any new certificate entered in pursuance of partition proceedings, whether by way of set-off or of assignment or of sale, shall contain a reference to the final judgment or decree of partition and shall be conclusive as to the title to the same extent against the same person as such judgment or decree is made conclusive by the laws applicable thereto: And provided also, That any person holding such certificates of title or transfer thereof shall have the right to petition the court at any time to cancel the memorandum relating to such judgment or decree, and the court after notice and hearing, may grant the application. Such certificate shall thereafter be conclusive in the same manner and in the same extent as other certificates of title.

Section 85

When a certified copy of a judgment or decree making final partition of land or buildings is presented for registration, of a mortgage or lease affecting a specific portion or an undivided share of the premises had previously been registered, the mortgagee, or tenant claiming under the mortgagor or lessor, shall cause the mortgage or lease and any duplicate certificate of title issued to the mortgagee or lessee to be again presented for registration, and the register of deeds shall indorse on each the memorandum of such partition, with a description of the land set off in severalty on which such mortgage or lease remains in force. Such mortgage or tenant shall not be entitled to receive his own duplicate certificate of title until such mortgage or lease has been so presented for registration.

Section 86

Whenever proceedings in bankruptcy or insolvency, or analogous proceedings, are instituted. against a debtor who is an owner of registered land, it shall be the duty of the officer serving the notice of the institution of such proceedings on the debtor to file a copy thereof in the registry of deeds for the province wherein the land of the debtor lies. The assignee or trustee appointed by the court having jurisdiction thereof in such proceedings shall be entitled to the entry of a new certificate of registered land of the debtor upon presenting and filing a certified copy of the order appointing him such assignee or trustee, with the debtor’s duplicate certificate of title; the new certificate shall state that it is entered to him as assignee or trustee in insolvency or bankruptcy or other proceedings, as the case may be.

Section 87

Whenever proceedings of the character named in the preceding section against a registered owner, of which notice has been registered, are vacated by decree or judgment, a certified copy of the decree or judgment may be filed and registered. If a new certificate has been entered to the assignee or trustee as registered owner, the debtor shall be entitled to the entry of a new certificate to him, and the certificate of the assignee or trustee shall be surrendered.

Section 88

Whenever any land of a registered owner, or any right or interest therein, is taken by eminent domain, the Government or municipality or corporation or other authority exercising such right shall file for registration in the proper province a description of the registered land so taken, giving the name of each owner thereof, referring by number and place of registration in the registration book to each certificate of title, and stating what amount or interest in the land is taken, and for what purpose. A memorandum of the right or interest taken shall be made on each certificate of title by the register of deeds, and where the fee simple is taken a new certificate shall be entered to the owner for the land remaining to him after such taking, and a new certificate shall be entered to the Government, municipality, corporation or other authority exercising such right for the land so taken. All fees on account of any memorandum of registration or entry of new certificates shall be paid by the authority taking the land.

Section 89

Lands and any estate or interest therein registered under this Act shall, upon the death of the owner, go to the executor or administrator of the deceased in like manner as personal estate, whether the owner dies testate or intestate, and shall be subject to the same rules of administration as if the same were personalty, except as otherwise provided in this Act, and except that the rule of division shall be the same as in the descent of real property, or as shall be provided by

Section 90

Before the executor or administrator of a deceased owner of registered land or any estate or interest therein shall deal with the same, he shall file in the office of the register of deeds a certified copy of his letter of administration, or if there is a will, a certified copy of the same and of the letters testamentary, or of administration, with the will annexed, as the case may be, and shall produce the duplicate certificate of title, and thereupon the register of deeds shall enter upon the certificate and the duplicate certificate a memorandum thereof with a reference to the letters or will and letters by their file number, and the date of filing the same.

Section 91

Except in case of a will devising the land to an executor to his own use or upon some trust or giving to the executor power to sell, no sale or transfer of registered land shall be made by an executor or by an administrator in the course of administration for the payment of debts or for any other purpose, except in pursuance of an order of a court of competent jurisdiction obtained as provided by law.

Section 92

But after a memorandum of the will, letters testamentary or letters of administration have been entered upon the register as hereinbefore provided, the executor or administrator may deal with mortgages, leases, and other personal interests in or upon registered land as if he were the registered owner thereof.

Section 93

Where it appears by the will, a certified copy of which with letters testamentary is filed as provided in this Act, that registered land is devised to the executor to his own use, or upon some trust, the executor may have the land transferred to himself upon the register in like manner and subject to like terms and conditions and to like rights as in the case of a transfer pursuant to deed filed in the office of the register of deeds.

Section 94

When the will of a deceased owner of registered land, or any estate or interest therein, empowers the executor to sell, convey, encumber, charge, or otherwise deal with the land, it shall not be necessary for such executor to be registered as the owner, but a certified copy of the will and letters testamentary being filed as provided in this Act, such executor may sell, convey, encumber, charge, or otherwise deal with the land pursuant to the power in like manner as if he were the registered owner, subject to the like conditions as to the trusts, limitations, and conditions expressed in a will as in case of trusts, limitations, and conditions expressed in a deed.

Section 95

Before making distribution of undevised registered land the executor or administrator shall file in the office of the register of deeds a certified copy of the final decree of the court having jurisdiction of the estate, which shall be conclusive evidence in favor of all persons thereafter dealing with the land that the persons therein named as the only heirs at law of the deceased owner are such heirs.

Section 96

Whenever the court having jurisdiction of the settlement of an estate shall, for the purpose of distribution thereof or for other purposes provided by law, order registered land or any interest or estate therein to be sold by the executor or administrator, upon the filing of a certified copy of the order of sale and the deeds executed in pursuance of the same in the office of the register of deeds, a transfer of the land, estate, or interest to the purchaser may be made upon the register as in the case of other sales by deed, and the original certificate and owner’s duplicate shall be canceled and a new certificate and owner’s duplicate be issued to the purchaser.

Section 97

Whenever, after the final determination of the amount of all claims against the estate of the deceased, it shall be made to appear to the court having jurisdiction of the estate that the estate will justify it and the proof of heirship has been made clear to that court, it may direct the executor or administrator to make over and transfer to the devisees or heirs, or some of them, in anticipation of final distribution, a portion or the whole of the registered lands to which they might be entitled on final distribution; and upon the filing of a certified copy of such order in the office of the register of deeds, the executor or administrator may cause such transfer to be made upon the register in like manner as in case of a sale, and a certificate and owner’s duplicate certificate shall be issued to the devisees or heirs entitled thereto as in other cases. The land so transferred shall be held free from all liens or claims against the estate. In the proceedings to procure such order or directions such notice shall be given to all parties in interest as the court having jurisdiction of the estate may direct.

Section 98

For the purpose of final distribution of the estate the court having jurisdiction thereof may determine the rights of all persons in registered land, or any estate or interest therein of the deceased, declare and enforce the rights of devisees, heirs, surviving husbands or wives, and others, and make partition and distribution according to the rights of the parties, and may give direction to the executor and administrator as to the transfer of registered lands and any estate or interest therein to the devisees or heirs, and may direct the transfer to be to the several devisees or heirs or tenants in common, or otherwise, as shall appear to the court to be most convenient, consistently with the rights of the parties, or as the parties interested may agree. A certified copy of the final order, judgment, or decree of the court having jurisdiction of the estate making final distribution shall be filed with the register of deeds and thereupon new certificates and owner’s duplicate certificates shall be issued to the parties severally entitled thereto in accordance with such order, judgment, or decree, but nothing in this section contained shall in any way affect or impair existing requirements of law as to notice to be given to all parties interested in the estate of a deceased person before the final decree of distribution thereof.

Section 99

Upon the original registration of land under this Act, and also upon the entry of a certificate showing title as registered owners in heirs and devisees, there shall be paid to the register of deeds one-tenth of one per centum of the assessed value of the real estate on the basis of the last assessment for municipal taxation, as an assurance fund.

Section 100

All money received by the register of deeds under the preceding section shall be paid to the Treasurer of the Philippine Archipelago. He shall keep the same invested, with the advice and approval of the Civil Governor, and shall report annually to the legislative body of the Philippine Islands the condition and income thereof.

Section 101

Any person who without negligence on his part sustains loss or damage through any omission, mistake, or misfeasance of the clerk, or register of deeds, or of any examiner of titles, or of any deputy or clerk of the register of deeds in the performance of their respective duties under the provisions of this Act, and any person who is wrongfully deprived of any land or any interest therein, without negligence on his part, through the bringing of the same under the provisions of this Act or by the registration of any other person as owner of such land, or by any mistake, omission, or misdescription in any certificate or owner’s duplicate, or in any entry or memorandum in the register or other official book, or by any cancellation, and who by the provisions of this Act is barred or in any way precluded from bringing an action for the recovery of such land or interest therein, or claim upon the same, may bring in any court of competent jurisdiction an action against the Treasurer of the Philippine Archipelago for the recovery of damages to be paid out of the assurance fund.

Section 102

If such action be for recovery for loss or damage arising only through any omission, mistake, or misfeasance of the clerk, or of the register of deeds, or of any examiner of titles, or of any deputy or clerk of the register of deeds in the performance of their respective duties under the provisions of this Act, then the Treasurer of the Philippine Archipelago shall be the sole defendant to such action. But if such action be brought for loss or damage arising only through the fraud or willful act of some person or persons other than the clerk, the register of deeds, the examiners of titles, deputies, and clerks, or arising jointly through the fraud or wrongful act of such other person or persons and the omission, mistake, or misfeasance of the clerk, the register of deeds, the examiners of titles, deputies, or clerks, then such action shall be brought against both the Treasurer of the Philippine Archipelago and such person or persons aforesaid. In all such actions where there are defendants other than the Treasurer of the Philippine Archipelago and damages shall have been recovered, no final judgment shall be entered against the Treasurer of the Philippine Archipelago until execution against the other defendants shall be returned unsatisfied in whole or in part, and the officer returning the execution shall certify that the amount still due upon the execution cannot be collected except by application to the assurance fund. Thereupon the court having jurisdiction of the action, being satisfied as to the truth of such return, may, upon proper showing, order the amount of the execution and costs, or so much thereof as remains unpaid, to be paid by the Treasurer of the Philippine Archipelago out of the assurance fund. It shall be the duty of the Attorney General in person or by deputy to appear and defend all such suits with the aid of the fiscal of the province in which the land lies or the City Attorney of the city of Manila as the case may be: Provided, however, That nothing in this Act shall be construed to deprive the plaintiff of any action which he may have against any person for such loss or damage or deprivation of land or of any estate or interest therein without joining the Treasurer of the Philippine Archipelago as a defendant therein.

Section 103

If the assurance fund at any time be not sufficient to meet the amount called for by such judgment, the Treasurer of the Philippine Archipelago shall make up the deficiency from any funds in the Treasury not otherwise appropriated; and in such case any sums thereafter received by the Treasurer on account of the assurance fund shall be transferred to the general fund of the Treasury until the amount paid on account of the deficiency shall have been made up.

Section 104

In every case where payment has been made by the Treasurer of the Philippine Archipelago in accordance with the provisions of this Act, the Government of the Philippine Islands shall be subrogated to all rights of the plaintiff against any other parties or securities, and the Treasurer shall enforce the same in behalf of the Government. Any sum recovered by the Treasurer shall be paid into the Treasury of the Philippine Islands to the account of the assurance fund.

Section 105

The income of the assurance fund shall be added to the principal and invested until such fund amounts to the sum of two hundred thousand dollars, and thereafter the income of such funds shall be paid into the Insular Treasury for the general purposes of the Insular Government.

The term “dollars” wherever used in this Act shall be construed to mean money of the United States.

Section 106

The assurance fund shall not be liable to pay for any loss or damage or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any sale in mortgage-foreclosure proceedings. Nor shall any plaintiff recover as compensation in an action under this Act more than the fair market value of the real estate at the time when he suffered the loss, damage, or deprivation thereof.

Section 107

All actions for compensation under this Act by reason of any loss or damage or deprivation of land or any estate or interest therein shall be begun within the period of six years from the time when the right to bring or take such action or proceeding first accrued, and not afterwards: Provided, That the right of action herein provided shall survive to the personal representative of the person sustaining loss or damage, if deceased, unless barred in his lifetime: And provided further, That if at the time when such right of action first accrues the person entitled to bring such action or take such proceeding is within the age of majority, or insane, or imprisoned, such person, or anyone claiming from, by, or under him, may bring the action or take the proceeding at any time within two years after such disability is removed, notwithstanding the time before limited in that behalf has expired.

Section 108

Any person may by power of attorney procure land to be registered and convey or otherwise deal with registered land, but the letters of attorney shall be acknowledged before a notary public or a judge or clerk of a court of record attested by at least one witness and shall be filed with the clerk or register of deeds of the province where the land lies, and registered. Any instrument revoking such letters shall be acknowledged, attested, and registered in like manner.

Section 109

If a duplicate certificate is lost or destroyed, or cannot be produced by a grantee, heir, devisee, assignee, or other person applying for the entry of a new certificate to him or for the registration of any instrument, a suggestion of the fact of such loss or destruction may be filed by the registered owner or other person in interest, and registered. The court may thereupon, upon the petition of the registered owner or other person in interest, after notice and hearing, direct the issue of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the original duplicate, and shall thereafter be regarded as the original duplicate for all the purposes of this Act.

Section 110

Whoever claims any right or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Act for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, and a reference to the volume and page of the certificate of title of the registered owner, and a description of the land in which the right or interest is claimed. The statement shall be signed and sworn to, and shall state the adverse claimant’s residence and designate a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim, and the court, upon a petition of any party in interest, shall grant a speedy hearing upon the question of the validity of such adverse claim and shall enter such decree therein as justice and equity may require. If the claim is adjudged to be invalid, the registration shall be canceled. If in any case the court after notice and hearing shall find that a claim thus registered was frivolous or vexatious, it may tax the adverse claimant double or treble costs in its discretion.

Section 111

In every case where the clerk or any register of deeds is requested to enter a new certificate in pursuance of an instrument purporting to be executed by the registered owner, or by reason of any instrument or proceedings which divest the title of the registered owner against his consent, if the outstanding owner’s duplicate certificate is not presented for cancellation when such request is made, the clerk or register of deeds shall not enter a new certificate, but the person claiming to be entitled thereto may apply by petition to the court. The court, after hearing, may order the registered owner or any person withholding the duplicate certificate to surrender the same, and direct the entry of a new certificate upon such surrender.

If in any case the person withholding the duplicate certificate is not amenable to the process of the court, or if for any reason the outstanding owner’s duplicate certificate cannot be delivered up, the court may by decree annul the same and order a new certificate of title to be entered. Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate.

If in any case an outstanding mortgagee’s or lessee’s duplicate certificate is not produced and surrendered when the mortgage is discharged or extinguished, or the lease is terminated, like proceedings may be had to obtain registration as in the case of the nonproduction of the owner’s duplicate.

Section 112

No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the clerk or the register of deeds, except by order of the court. Any registered owner or other person in interest may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased; or that new interests have arisen or been created which do not appear upon the certificate; or that any error, omission, or mistake was made in entering a certificate or any memorandum thereon, or on any duplicate certificate; or that the name of any person on the certificate has been changed; or that the registered owner has been married; or, if registered as married, that the marriage has been terminated; or that a corporation which owned registered land and has been dissolved has not conveyed the same within three years after its dissolution; or upon any other reasonable ground; and the court shall have jurisdiction to hear and determine the petition after notice to all parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security if necessary, as it may deem proper: Provided, however, That this section shall not be construed to give the court authority to open the original decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs or assigns, without his or their written consent.

Any petition filed under this section and all petitions and motions filed under the provisions of this Act after original registration shall be filed and entitled in the original case in which the decree of registration was entered.

Section 113

All notices required by or given in pursuance of the provisions of this Act by the clerk or any register of deeds, after original registration, shall be sent by mail to the person to be notified at his residence and post-office address as stated in the certificate of title, or in any registered instrument under which he claims an interest, in the office of the clerk or register of deeds, relating to the parcel of land in question.

All notices and citations directed by special order of the court under the provisions of this Act, after original registration, may be served in the manner above stated, and the certificate of the clerk shall be conclusive proof of such service: Provided, however, That the court may in any case order different or further service, by publication or otherwise, and shall in all cases do so when the interests of justice require such action.

Section 114

Fees payable under this Act shall be as follows:

For every application to bring land under this Act, including indexing and recording the same, and transmitting to the clerk, when filed with the register of deeds, three dollars.

For every plan filed, seventy-five cents.

For indexing any instrument recorded while application for registration is pending, twenty-five cents.

For examining title, five dollars and one-tenth of one per centum of the value of the land, as fixed by the last preceding valuation for the purposes of taxation.

For each notice by mail, twenty-five cents and the actual cost of printing.

For all services by a sheriff or other officer under this Act, the same fees as are now provided by law for like services.

For each notice by publication, twenty-five cents and the actual cost of publication.

For entry of order dismissing application, or decree of registration, and sending memorandum to register of deeds, one dollar.

For copy of decree of registration, one dollar.

For entry of original certificate of title and issuing one duplicate certificate, three dollars.

For making and entering a new certificate of title, including issue of one duplicate, one dollar.

For each duplicate certificate, after the first, fifty cents.

For the registration of every instrument, whether single or in duplicate or triplicate, including entering, indexing, and filing the same, and attesting registration thereof, and also making and attesting copy of memorandum on one instrument or a duplicate certificate when required one dollar and fifty cents.

For making and attesting copy of memorandum on each additional instrument or duplicate certificate if required, fifty cents.

For filing and registering an adverse claim, three dollars

For entering statement of change of residence or post-office address, including indorsing and attesting the same on a duplicate certificate, twenty-five cents.

For entering any note in the entry book or in the registration book, twenty-five cents.

For the registration of a suggestion of death or notice of bankruptcy, insolvency, or analogous proceeding, twenty-five cents.

For the registration of a discharge or release of mortgage or other instrument creating an incumbrance, fifty cents.

For the registration of any levy, or of any discharge or dissolution of any attachment or levy, or of any certificate of a receipt for the payment of taxes, or notice of any pending action, or of a judgment or decree, fifty cents.

For indorsing on any mortgage, lease, or other instrument a memorandum of partition, one dollar.

For every petition filed under this Act after original registration, one dollar.

For a certified copy of any decree or registered instrument, the same fees as are provided by the Code of Procedure in Civil Actions and Special Proceedings for clerks of Courts of First Instance for like services.

In all cases not expressly provided for by law the fee of all public officers for any official duty or service under this Act shall be at the same rate as those prescribed herein for like services; Provided, however, That if the value of the land sought to be registered does not exceed one hundred dollars the fees payable for the application to bring land under this Act and for the indexing and recording instruments while application for registration is pending, for examining title, for notices by mail or by publication, for services by sheriff or other officer, for entry of order dismissing application or decree of registration, and for entry of original certificate of title and issuing one duplicate shall be ten dollars.

Section 115

Certificates of title and duplicate certificates issued under this Act shall be subjects of larceny.

Section 116

Whoever knowingly swears falsely to any statement required to be made under oath by this Act shall be guilty of perjury and liable to the penalties provided by law for perjury.

Section 117

Whoever fraudulently procures, or assists in fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title or owner’s duplicate certificate, or of any entry in the register or other book kept in the office of the clerk or of any register of deeds, or of any erasure or alteration in any entry in any set of books or in any instrument authorized by this Act, or knowingly defrauds or is privy to defrauding any person by means of a false or fraudulent instrument, certificate, owner’s duplicate certificate, statement or affidavit affecting registered land, shall be fined not exceeding five thousand dollars or imprisonment not exceeding five years, or both, in the discretion of the court.

Section 118

(1) Whoever forges or procures to be forged or assists in forging the seal of the clerk or of any register of deeds, or the name, signature, or handwriting of any officer of the court or of the register of deeds, in case where such officer is expressly or impliedly authorized to affix his signature; or

(2) Fraudulently stamps or procures to be stamped or assists in stamping any document with any forged seal of the clerk or register of deeds; or

(3) Forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any person whosoever to any instrument which is expressly or impliedly authorized to be signed by such person under the provisions of this Act; or

(4)  Uses any document upon which an impression, or part of the impression, of any seal of the clerk or of a register of deeds has been forged, knowing the same to have been forged, or any document the signature to which has been forged, knowing the same to have been forged, shall be imprisoned not exceeding ten years or fined not exceeding five thousand dollars, or both, in the discretion of the court.

Prosecutions for offenses for violations of any of the provisions of this Act shall be instituted and conducted in the proper Court of First Instance.

Section 119

Whoever, with intent to defraud, sells and conveys registered land, knowing that an undischarged or any other incumbrance exists thereon which is not noted by memorandum on the duplicate certificate of the title, without informing the grantee of such attachment or other incumbrance before the consideration is paid, shall be punished by imprisonment not exceeding three years or by a fine not exceeding one thousand dollars, or by both, in the discretion of the court.

Section 120

No conviction for any act prohibited by this Act shall affect any remedy which any person aggrieved or injured by such act shall be entitled to by law against the person who has committed such act or against his estate.

Section 121

Wherever in this Act the phrase “the register of deeds in the province where the land lies,” or an equivalent phrase, occurs, it shall be construed to include and be applicable to the register of deeds in the City of Manila.

Section 122

Whenever public lands in the Philippine Islands belonging to the Government of the United States or to the Government of the Philippine Islands are alienated, granted, or conveyed to persons or to public or private corporations, the same shall be brought forthwith under the operation of this Act and shall become registered lands. It shall be the duty of the official issuing the instrument of alienation, grant, or conveyance in behalf of the Government to cause such instrument, before its delivery to the grantee, to be filed with the register of deeds for the province where the land lies and to be there registered like other deeds and conveyances, whereupon a certificate shall be entered as in other cases of registered land, and an owner’s duplicate certificate issued to the grantee. The deed, grant, or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate as a contract between the Government and the grantee and as evidence of authority to the clerk or register of deeds to make registration. The act of registration shall be the operative act to convey and affect the lands, and in all cases under this Act registration shall be made in the office of the register of deeds for the province where the land lies. The fees for registration shall be paid by the grantee. After due registration and issue of the certificate and owner’s duplicate such land shall be registered land for all purposes under this Act.

Section 123

This Act shall be construed liberally so far as may be necessary for the purpose of effecting its general intent.

Section 124

As to land not registered in accordance with the provisions of this Act, the system of registration and recording heretofore established by law in these islands shall continue and remain in force, except in so far as hereinafter modified, and the evidential weight given by existing law to titles registered as existing law now provides shall be accorded to such titles in the hearings had under this Act before the examiners and before the court. The duties of registering and recording land titles in accordance with the law heretofore existing shall be performed in the several provinces and the city of Manila by the register of deeds in this Act provided, after such register of deeds have been appointed: Provided, however, That the originals of deeds, mortgages, leases, and other instruments affecting the title to unregistered land shall not be retained by notaries public or other officials before whom the same are solemnized, but after having been duly executed may be delivered to the grantee, mortgagee, lessee, or other person entitled to the same and be by him presented to the register of deeds for the province where the land lies for registration and recording, in the same manner and with the same legal effect that copies thereof certified by notaries public under existing law are registered and recorded. The register of deeds upon receiving any such deed, mortgage, lease, or other instrument dealing with land not registered under this Act shall indorse upon the instrument so received the true year, month, day, hour, and minute when the same is received, and the same shall be deemed to have been registered and recorded as unregistered land from the time of the indorsement of such memorandum thereon. He shall also indorse thereon the volume and page wherein the same is registered and recorded. After the due registration and recording of such instrument the owner thereof shall be entitled to the custody and possession of the same. The original instrument, the record thereof in the books of the register of deeds, and any certified copy of such record shall be competent evidence in any court of justice. The fees of the register of deeds for registering and recording any such instrument shall be the same as those now provided by law for registering and recording a certified copy of a notarial instrument dealing with land.

Section 125

Until registers of deeds shall be appointed in accordance with the provisions of this Act, the officials performing the duties of registrars and recorders of deeds in the several provinces and in the city of Manila shall be registers of deeds and perform the duties of registers or deeds as defined by this Act. Their deputies shall be deputy registers of deeds. All laws relative to existing registrars of deeds and recorders, their deputies, including their compensation, clerk hire, and expenses shall extend to registers of deeds and their deputies under this Act so far as the same may be applicable.

Section 126

All notaries public in the Islands, and all other officials and persons having in their possession notarial books, records, protocols, archives, and other documents, shall immediately deliver to the Chief of the Bureau of Archives all such notarial books, records, protocols, archives, and documents in accordance with the provision of section eighty of Act Numbered one hundred and thirty-six, entitled “An Act providing for the organization of courts in the Philippine Islands,” and hereafter notaries public shall only have the powers and perform the duties prescribed for notaries public in sections eighty-one to ninety-one, inclusive, of said Act Numbered one hundred and thirty-six.

Section 127

Deeds, conveyances, mortgages, leases, releases, and discharges affecting lands, whether registered under this Act or unregistered, shall be sufficient in law when made substantially in accordance with the following forms, and shall be as effective to convey, encumber, lease, release, discharge, or bind the lands as though made in accordance with the more prolix form heretofore in use: Provided, That every such instrument shall be signed by the person or persons executing the same, in the presence of two witnesses, who shall sign the instrument as witnesses to the execution thereof, and shall be acknowledged to be his or their free act and deed by the person or persons executing the same, before the judge of a court of record or clerk of a court of record, or a notary public, or a justice of the peace, who shall certify to such acknowledgment substantially in the form next hereinafter stated:

1.  Form of acknowledgment by person executing deed of conveyance, mortgage, lease, release, or discharge affecting land

UNITED STATES OF AMERICA, PHILIPPINE ISLANDS

Province of (or city of Manila).............

At the municipality of ____________________, in said province, on this _______________ day of _______________, A.D. 19_____, personally appeared ____________________, known to me to be the same person (or persons) who executed the foregoing instrument, and acknowledged that the same is his (or their) free act and deed.

Before me _________________________

(Notary public or other official as the case may be.)

2. Deed of land registered under this Act

I, ____________________, of ____________________, in the Province of _______________, in the Philippine Islands, in consideration of _______________ dollars, to be paid by ____________________, of ____________________, in the province of ____________________ in the Philippine Islands, do hereby sell and convey to said _______________ and his heirs and assigns that parcel of land, together with all the buildings and improvements thereon, situated in the municipality of ____________________ province of ____________________, in the Philippine Islands, bounded and described as follows (here insert boundaries and description), of which land I am the registered owner in accordance with the provisions of the Land Registration Act, my title thereto being evidenced by Certificate Number ______________ in the land records of said province.

In witness whereof I have hereunto signed my name on this ____ day of _____________, A.D. 19 _______.

______________________

Signed in the presence of:

____________________

__________________

(To be followed by acknowledgment according to Form 1.)

3. Deed of land not registered under this Act, without covenants of warranty

I, ________________, of _________, in the Province of _________________, in the Philippine Islands, in consideration of dollars, to me paid by _____________, of _________, in the Province of in the Philippine Islands, do hereby sell and convey to the said ________________, his heirs and assigns, that parcel of land, together with all the buildings and improvements thereon, situated in the municipality of ____________, in the Province of ___________, in the Philippine Islands, bounded and described as follows (here insert boundaries and description).

In witness whereof, I have hereunto signed my name, on this ___ day of ______________ , A.D. 19 ____.

________________________

Signed in the presence of:

____________________

____________________

(Acknowledgment.)

4. Deed of land not registered under this Act, with covenants of warranty

I, ___________, of _____________, in the Province of ___________ in the Philippine Islands, in consideration of _________ dollars, to me paid by _______, of __________, in the Province of ______________ in the Philippine Islands, do hereby sell and convey to the said ______________, his heirs and assigns, that parcel of land, together with all the buildings and improvements thereon, situated in the municipality of _____________, in the Province of __________, in the Philippine Islands, bounded and described as follows (here insert boundaries and description); and the said ________(seller) does hereby covenant and agree with the said _____________(purchaser) that he is lawfully seized in fee of said premises that they are free from all incumbrances that he has a perfect right to convey the same, and that he will warrant and forever defend the same unto the said _____________ (purchaser), his heirs and assigns, against the lawful claims of all persons whomsoever (or insert other covenants, whatever they may be).

In witness whereof, I have hereunto signed my name on this ______________ day of ________, A.D. 19 _____.

______________________

           

Signed in the presence of:

____________________

____________________

(Acknowledgment.)

5. Mortgage of land registered under this Act

I, _____________, of ____________, in the Province of __________ in the Philippine Islands, in consideration of __________ dollars, to me paid by ___________, of __________, in the Province of _______________ in the Philippine Islands, do hereby, by way of mortgage, convey to the said ______________, his heirs and assigns, that parcel of land, together with all the buildings and improvements thereon, situated in the municipality of ______________, in the Province of __________________, in the Philippine Islands, bounded and described as follows (here insert boundaries and description), of which land I am the registered owner, in accordance with the provisions of Land Registration Act, my title thereto being evidenced by Certificate Number ______________, in the land records of said province: Provided, nevertheless, That if I, the said ___________________ (mortgagor) shall duly pay, or cause to be paid, to the said __________________, (mortgagee) my certain promissory notes of this date by me signed, and payable to the said _______________, (mortgagee), all dated on this date, each for the sum of ____________ dollars, and payable in one, two, and three years from date (or otherwise, as the case may be), with lawful interest, then this mortgage shall be thereby discharged and of no further effect, otherwise it shall remain in full force and be enforceable in the manner provided by law.

In witness whereof, I have hereunto signed my name on this ______________ day of _______, A.D. 19 _____.

_______________________

Signed in the presence of:

____________________

____________________

(Acknowledgment.)

6. Mortgage of land not registered under this Act

(This mortgage may be in the same form as that prescribed in Form 5, but omitting that portion of Form 5 which describes the land as registered under the Land Registration Act, and including such covenants of warranty as the parties may agree upon.)

7. Discharge of mortgage of land registered under this Act

I, ________________, of _____________, in the Province of _____________ in the Philippine Islands, mortgagee of the land embraced in Certificate Number ____________ in the land records of the Province of _______________, by virtue of a mortgage executed by ______________, of _______________, in the Province of _______________, in the Philippine Islands, on the ___________ day of ______, 19 ____, having received the full consideration named as the condition of said mortgage, do hereby forever release and discharge the same.

In witness whereof, I have hereunto signed my name on this ____________ day of ______, A.D. 19 _____.

           

_______________________

Signed in the presence of:

____________________

____________________

(Acknowledgment.)

8. Discharge of mortgage of land not registered under this Act

(The discharge in this case may be as in Form No. 7, varying the description of the mortgage to suit the facts.)

9. Lease of land registered under this Act

I, _______________, of ____________, in the Province of _____________ in the Philippine Islands, in consideration of the agreements hereinafter contained, do hereby lease unto ___________, of ________________, in the Province of ________________, in the Philippine Islands, and his assigns (if the lease is to be assignable), that parcel of land, together with all the buildings and improvements thereon, situated in the municipality of _____________, in the Province of ________________, in the Philippine Islands, bounded and described as follows (here insert boundaries and description), of which land I am the registered owner, in accordance with the provisions of the Land Registration Act, my title thereto being evidenced by Certificate Number in the land records of said province, for the period of years from this date.

And I, the said lessee, in consideration of this lease, do hereby promise, for myself and my heirs and assigns, that I will cause to be paid to the said ________________, (lessor), an annual rental (or monthly rental) of _______________, dollars per year (or per month, as the case may be) during the whole period of this lease, payable on the ____________ day of ____________ of each year (or at such other times as may be agreed upon).

(Other special agreements of the lease may be here inserted.)

In witness whereof, I have hereunto signed my name on this __________ day of ________, A.D. 19 _____.

_______________________

Signed in the presence of:

____________________

____________________

           

(Acknowledgment.)

10.  Lease of land not registered under this Act

(This lease may be as in Form No. 9, omitting that portion thereof that relates to the certificate of title and inserting such covenants of warranty as may be agreed upon. )

11.  Release of leased lands, whether registered under this Act or not

(Such release may be as in Form Nos. 7 and 8, for the discharge of mortgages, using the term “release,” instead of “discharge,” and inserting such description as fully identifies the lease.).

Section 128

This Act shall take effect January first, nineteen hundred and three.