SUBSEQUENT REGISTRATION 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 registered owner or party in interest. The eect of the act registering registering the instrument in the Register of Deeds of the province p rovince or city where the land lies creates an operative act that conveys ownership or aects the land insofar as third persons are concerned. There are are two kinds of dealings under subsequent registration, voluntary dealings and involuntary dealings. oluntary dealings refer to deeds, instruments, or documents which are the result of the free and voluntary act of the parties thereto such as Sale, Sa le, Real !roperty "ortgage, #ease, !acto de Retro Sale, $%tra&'udicial Settlement, (ree !atent or )omestead, !owers of *ttorney, and Trusts. +n voluntary dealings, there is a need to present p resent the owners duplicate of certi-cate of title to the RD of the province or city where the land lies in order to make a memorandum on the title. /SR#&!$(&!T0 +nvoluntary dealings refer to such writ or order which are issued by the court aecting the land, and such instruments are not the
result of the willful acts of the registered owner but are e%ecuted e%ecuted even without his knowledge or consent such as *ttachment, +n'unction, "andamus, Sale on $%ecution of 1udgment or Sales for Ta%es, Ta%es, *dverse 2laims, and 3otice of #is !endens. +n involuntary dealings, there is no need to present p resent the owners duplicate of certi-cate of title. /*+"&S*30 #43T*R5 #43T*R5 D$*#+36S D$*# +36S (ailure of the contracting parties to have the document registered registered does not aect the validity and enforceability of the contract between them for registration serves chie7y to bind third persons and not parties to a contract that a transaction of involving property is entered into. Rule of 3otice, it is presumed that the purchaser has e%amined every instrument of record aecting the title. 8)e who is -rst in time is preferred in right.9 "irror principle, where there is nothing on the certi-cate of title to indicate a cloud or vice in ownership or encumbrance, the purchaser is not required to e%plore further on the Torrens. The loss of the certi-cate of title title of a titled land does not convert the land into unregistered unregistered land.
:hat creates bad faith in case of double sale is knowledge of previous sale.
CADASTRAL REGISTRATION
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2adastral registration is a proceeding in rem initiated by a -ling of petition for registration by the government, not by the persons claiming ownership of the land sub'ect thereof, and the latter are, on the pain of losing their claim thereto, in eect, compelled to go to court to make known of their claim or interest therein and substantiate such claim or interest. !rocedure; <. 3otice of cadastral survey published once in =cial
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6a>ette and posted in conspicuous place with a copy furnished to the mayor and barangay captain. 3otice of the date of survey by the @ureau of #and "anagement and posting in bulletin board if municipal building of the municipality or barrio, and he shall mark the boundaries of the lands by monuments set up in proper places thereon. 2adastral survey. (iling of petition. !ublication. (iling of answer. )earing of the case. Decision. +ssuance of the decree and certi-cate of title.
Procedure in Ordinary Land Registration: SD!TP!SA"! DECT <. Survey of the land by the @ureau of #ands or a duly licensed private surveyor a. Survey must be duly approved by the Director of #ands ?. Filing of application for registration by the applicant a. :ith all muniments of titles and copies thereof with survey plan approved by @ureau of #ands #UNI#ENTS O TITLE are instruments or written evidence which applicant holds or possesses to enable him to substantiate and b. c. d. e.
prove title to his estate *lways -led at the RT2 of the place where land is situated +n the city of "anila, the application should be -led with the 6eneral #and Registration =ce /now #and Registration *uthority0 +ndorsed to the "T2 if there is no controversy over the land or if its value is less than
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+f the land is situated between boundaries of two/?0 provinces, application must be -led; i. :hen the boundaries are not de-ned; in the RT2 of the place where it is declared for ta%ation purposes ii. :hen boundaries are de-ned; separate plan for each portion must be made by a surveyor and a separate application for each lot must be -le with the appropriate RT2 Setting of the DATE of initial hearing of application by the RT2 a. :ithin C days, set hearing BC&GH days from date of rder Transmittal of the application and date of initial hearing, with all the documents or other evidences attached thereto, by the 2lerk of 2ourt to the #and Registration *uthority Publication of notice of the -ling of the application and the date and place of the hearing in the =cial 6a>ette by the *dministrator of the #and Registration *uthority a. Pu$%ication o& notice Initia% "earing i. once in the =cial 6a>ette, this confers 'urisdiction upon the court ii. once in a newspaper of general circulation to confer 'urisdiction 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 sub'ect land b. #ai%ing i. :ithin E days after publication of said notice in the =cial 6a>ette, mailing of notice to; !ersons named in the notice Secretary of !ublic )ighways, !rovincial 6overnor, and "ayor, if the applicant requests to have the line of a public way or road determined Secretary of *grarian Reform, Solicitor 6eneral, Director of #ands, Director of (isheries, and Director of "ines, if the land borders on a river, navigable stream or shore, or on an arm of the sea whre a river or harbor lies ther persons as the court may deem proper c. Posting i. * copy of the notice of initial hearing duly attested by the *dministrator of #and Registration *uthority by posted by the Sheri of the province or city in a conspicuous place on sub'ect land and on bulletin board of municipalIcity bulding at least
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E. (iling of answer to the application by any person whether named in the notice or not a. The answer shall state all the ob'ections to the application and shall set forth the interest claimed by the party -ling 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. * person who 'ustly oppose an application should -nd himself out of time *sk for the lifting of the order of general or special default nce lifted, to -le an opposition to the application F. Hearing by the court a. Who may hear the case i. The 2ourt may either hear the parties ii. Refer the case or any part thereof to a referee, also known as 82ommissioner9 1udge retains discretion to accept the report in part and set aside in part or reverse it entirely G. !romulgation of Judgement by the 2ourt
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