unc voluntary dealings
TRANSCRIPT
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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