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PD 1529, the Property Registration Decree: what to read on a title before you buy

Presidential Decree 1529 of 1978 governs how land is registered in the Philippines under the Torrens system. For someone buying a lot or a house, it decides what the title shows, what binds the land, and when the sale actually takes effect against everyone else. Each row below carries the section it comes from. The decree names some offices that have since been renamed; this page does not say which office does what today.

PD 1529, section by section, for a buyer

Each row gives the point, the rule in short, and the section it comes from.

What a title is

PointIn shortSource and condition
Original and transfer certificatesOCT, then TCTsSections 39, 40 and 43: the original certificate follows the decree of registration; every later one is a Transfer Certificate of Title that names the certificate before it
Your copythe owner's duplicateSections 40 and 57: the Register of Deeds keeps the original and issues the owner an owner's duplicate; on a sale the seller's are stamped "canceled" and new ones are made out to the buyer
The original decree, one year after its entryincontrovertibleSection 32: the decree of registration may be reopened for actual fraud only within one year of its entry, and never against an innocent purchaser for value; after that, the decree and the certificate are incontrovertible, and a person defrauded may sue those responsible for damages

What binds the land

PointIn shortSource and condition
A signed deed of sale on its ownbinds only the partiesSection 51: registration is the operative act that conveys or affects the land as far as third persons are concerned, at the Register of Deeds where the land lies
Anything registered against the titlenotice to everyoneSection 52: every registered conveyance, mortgage, lease, lien, attachment, order or judgment is constructive notice to all persons from the time it is registered
Encumbrances on the title when it passescarried over to yoursSection 59: subsisting encumbrances and annotations are restated on the new certificate unless released at the same time
What a good-faith buyer takes free ofall but what is noted, and four moreSection 44: the buyer for value in good faith holds free of encumbrances except those noted on the certificate and these four: rights under the laws and Constitution that need not be registered to bind a buyer; unpaid real estate taxes of the two years before the purchase; public highways, private ways recognised by law and government irrigation canals where the title does not fix their boundaries; and agrarian reform limitations

What to look for on the title

PointIn shortSource and condition
A mortgage or leasea memorandum on the titleSections 54 and 60: interests less than ownership are registered by a memorandum on the certificate and on the owner's duplicate, and take effect on the title only from registration
An adverse claim30 days, then stays until cancelledSection 70: a sworn written claim adverse to the registered owner, annotated on the title and effective for 30 days; after that it stays on the title until cancelled on a verified petition, and before then a court may cancel it after a hearing if it finds the claim invalid
A notice of lis pendensa pending case over the landSection 76: a case affecting title, possession or use has no effect on people other than the parties unless a notice of it is registered; a registered notice warns that the outcome can reach the land and anyone who acquires it afterwards (with Section 52)
Roads, passageways and open space in a subdivision outside PD 957cannot be closed or sold without court approvalSection 50: on a subdivision plan outside PD 957, the title to streets, passageways, waterways or open space is annotated that they cannot be closed or disposed of without the court's approval, except by donation to government

The seller's side

PointIn shortSource and condition
Presenting the owner's duplicateneeded to register a saleSection 53: no voluntary instrument is registered without it, except as the decree provides or a court orders; a registration procured with a forged duplicate or a forged deed is void, and an owner defrauded keeps their remedies without prejudice to an innocent holder for value
A lost owner's duplicatereplaced only by the courtSection 109: notice under oath to the Register of Deeds, then a petition; the court may order a new duplicate after notice and hearing, and it carries a memorandum that it replaces the lost one, which is worth looking for
Correcting a titleby court orderSection 108: no erasure, alteration or amendment after entry except by order of the court, on a petition by the owner or another person with an interest; the court may order nothing that impairs the title of a purchaser for value in good faith without their written consent
How the deed must be made to be registereda notarised public instrumentSection 112: signed before at least two witnesses who also sign, acknowledged before a notary public or other authorised officer, each page other than the signature page signed on the left margin, and all pages sealed

Land with no Torrens title

PointIn shortSource and condition
A deed over untitled landvalid only between the parties unless recordedSection 113: it must be recorded with the Register of Deeds where the land lies to bind anyone else, and even then a third party with a better right is not affected

What it means when you buy a lot or house

A titled lot changing hands under PD 1529, from the signed deed to the buyer's new titleSix boxes joined by arrows. The deed of sale is signed and notarised; the owner's duplicate title is presented with it; the deed is registered, which is what binds everyone else; a new transfer certificate of title is made out to the buyer; the seller's title is canceled; and any encumbrance on the old title is carried over to the new one unless it is released.Deed of salesignednotarised, sec. 112Owner's duplicatepresentedsec. 53Deed registeredbinds others, 51New TCT made outto the buyersec. 57Seller's titlecanceledsec. 57Encumbrancescarried overunless released, 59
What happens between signing the deed and holding a title in your name, as the decree records it. Until the deed is registered it binds only you and the seller (Section 51), and whatever is annotated on the old title comes across to yours unless it is released at the same time (Section 59).
  • Read the title at the Register of Deeds, not only the seller's copy. Most of what binds the land is what is registered there (Sections 51 and 52), and every mortgage, adverse claim or notice of a pending case is a memorandum on the certificate (Sections 54, 70 and 76). Section 44 lists what binds the land even without a note.
  • The sale is not finished at signing. The deed binds you and the seller at once, but it binds everyone else only once it is registered (Section 51). The new title is made out to you on registration (Section 57). The deed of absolute sale guide covers the deed itself.
  • Ask about taxes and roads. A good-faith buyer still takes the land subject to, among other things, unpaid real estate taxes of the two years before the purchase, recognised roads and government irrigation canals whose boundaries the title does not fix, rights the law gives without registration, and agrarian reform limitations (Section 44).
  • Look at the land as well as the paper. Our consultation for future home buyers looks at the lot's size, shape, orientation and what the zoning allows before you commit, and the guide to choosing a lot and the easements guide cover what the title does not show.

What this page does not cover

  • Getting land registered for the first time. Original registration is outside this page. Titling land you have long occupied is covered in the RA 11573 guide.
  • Advice on a particular title. Whether a given annotation is a problem depends on the document behind it; have a lawyer read it before you pay.
  • Buying from a developer. A subdivision lot or unit bought from a developer also carries the rights in PD 957, covered in the PD 957 guide.
  • Fees and fines. The decree sets some amounts; this page does not print them.

Source: Presidential Decree No. 1529, the Property Registration Decree, as published by the Lawphil Project.

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