Implementing Guidelines on Electronic Registration of Land Titles and Deeds
Purpose
To prescribe rules and procedures for the implementation and use of the
Philippine Land Registration and Information System (PHILARIS) for transactions involving registered land and original registration in the
Offices of Register of Deeds
Legal Basis :
1. Act 496, “The Land Registration Act of 1903”
2. P.D. No. 1529, “The Property Registration Decree”
3. The New Civil Code
4. R.A. No. 26
5. R.A. 4726, “The Condominium Act”
6. R.A. 8792, “E-Commerce Act”
7. R.A. 7718, “The Philippine BOT Law”
10. Other laws applicable
Coverage :
•
Adoption and implementation of new processes, procedures and outputs for the registration and/or recording of transactions involving registered land under the PHILARIS in all RD Offices wherein the
PHILARIS has been deployed, installed and approved for use by the
LRA
•
Conversion, creation and build-up of registered land registrations databases
•
The networking infrastructure of all LRA offices to provide seamless data or information exchange among the Central Office, all
RD Offices, the Information Management Center, and other government agencies, and the private sector
Objective : To inform the public of changes from the manual system and provide framework by which the registration and/or recording of transactions on registered land shall be processed using the PHILARIS, in accordance with public laws.
General Registration Procedures
1.
All basic information from documents received supporting the transaction shall be entered into the Electronic Primary Entry
Book for Registered Land (EPEB-RL). The date, hour and minute of reception of all instruments in the order in which they were received shall likewise be noted. The document shall be automatically assigned with an entry number as its control or reference number.
2.
The corresponding fees shall be automatically computed by the system and the corresponding electronic receipt generated upon payment. In default of payment, the entry made in the EPEB-RL shall be rendered of no force and effect.
3.
The owner’s duplicate certificate and all co-owner’s duplicates, if any had been issued, shall be surrendered, except in cases provided for under PD 1529, and when ordered by the Court for cause shown.
4.
The encoded electronic data as well as the pertinent documents shall then be examined by the registration examiner.
5.
The recommendation of the registration examiner shall be electronically transmitted to the approving authority for proper action
6.
If the transaction is approved, the pertinent memorandum on the documents shall be signed manually by the approving authority.
Further, he shall affix his electronic signature on the original copy of the certificate of title, and his manual signature on the owner’s duplicate certificate of title
7.
The documents submitted by the client shall be scanned, and the resulting images shall be stored into the database of the pertinent
Registry. After scanning, the documents shall be kept in the vault for safekeeping.
8.
If the transaction is denied, a notice of denial shall be issued to the client who may, without withdrawing the documents, elevate the transaction in consulta within five (5 days) from notice of such denial, otherwise, the same shall be considered final.
Consulta – a remedy afforded to a party-in-interest when questions are raised whether an instrument may be registered or not, as provided for under Section 117 of PD 1529
9.
The documents shall be released to the client who shall sign the acknowledgment slip granted by the system.
Services Covered by the Electronic Registration of Land Titles and Deeds:
1. Registration of an Original Certificate of Title (OCT) issued under Judicial
Registration (Section 7, Rule III)
2. Registration of an OCT issued pursuant to special patents prepared by LRA
(Section 8, Rule III)
3. Registration of an OCT issued under Administrative Proceedings (Section 9,
Rule III)
•
Patent, grant or award which is the basis of issuance of the OCT shall be subject to a verification process prior to its transcription. Upon receipt of an adverse certification, the RD shall deny the transaction
•
In case of denied transactions, consulta is an available remedy.
4. Registration of a title issued under the Indigenous Peoples Reform Act (Section
10, Rule III)
•
Applicable procedures under Section 9, Rule III shall likewise be observed for the registration of Certificate of Ancestral Land Title (CALT) and
Certification of Ancestral Domain Title (CADT) issued by the NCIP
5. Issuance of Transfer Certificates of Title under Voluntary Registration (Section
11, Rule IV)
•
Client shall submit the Owner’s Duplicate Certificate of Title and Co-
Owner’s Duplicate Certificate of Title
•
Where the basis of the transaction is a court decision with certificate of finality or entry of judgment, verification as to the authenticity of the decision shall be conducted with the court concerned
•
Subdivision/consolidation plans shall also be subjected to a verification process
6. Issuance of Transfer Certificates of Title under Involuntary Registration
(Section 12, Rule IV)
•
The owner’s duplicate certificate of title is not required to be surrendered
7. Annotation of Memorandum, Encumbrance, and Other Liens on the Certificate of Title in Subsequent Registration involving Voluntary Transactions (Section
13, Rule V)
8. Annotation of Memorandum, Encumbrance, and Other Liens on the Certificate of Title in Subsequent Registration involving Involuntary Transactions (Section
14, Rule V)
9. Registration of Condominiums a. Procedure for Registration of the Master Deed and Declaration
of Restrictions (Section 15, Rule VI)
- LRC Circular No. 157 (December 21, 1966) and procedures provided under Section 13 shall be observed, as may be applicable b. Issuance of Individual Condominium Certificates of Title
(Section 16, Rule VI) c. Initial Sale of Condominium Certificate of Title (Section 17, Rule
VI)
10. Reconstitution of Title a. Judicial Reconstitution of Title at the Registry of Deeds
(Section 18, Rule VII)
•
Provisional registration of transactions involving lost or destroyed certificate of title may be allowed subject to the provisions of
LRA Circular No. 3 dated December 6, 1988
b. Administrative Reconstitution of Title at the Registry of Deeds
(Section 19, Rule VII)
•
Same procedure as in Section 18, Rule VII, except that instead of the courts, it shall be the LRA who shall issue the order of reconstitution
•
The reconstituted owner’s duplicate transfer certificate shall bear an annotation as required by Section 7 of R.A. 26.
11.
Replacement of Owner’s /Co-owner’s Duplicate of Title (Section 20, Rule VIII)
12 . Reinstatement of Titles (Section 21, Rule IX)
13.
Withdrawal of Documents (Section 23, Rule X)
•
When the client decides not to continue with the transaction entered into the Registry, the documents may be withdrawn at any time before approval.
14.
Central Office Verification (Sections 24-28, Rule XI) a. Verification of Administratively-issued Titles b. Verification of Plans approved by other government agencies c. Verification of a Court Order for the Reconstitution of a Certificate d. Verification of a Court Order for Amendment of a Certificate e. Verification of a Court Order for the Inscription of the Technical
Description on a Certificate.
15.
Subdivisions and/or Consolidation Plan (Section 29, Rule XII)
•
Geodetic Engineer or his authorized representative may submit the survey plan to LRA or through the Registry
•
Subject property shall be plotted based on its technical description, and shall be verified as to closure of polygon, overlapping and relative position of the lot against adjoining lots, thereby updating the digital map in the process
•
All findings from the plotting and plan examination shall be in the form of electronic certification issued by the LRA
•
Transaction shall be routed and approval shall be done electronically
16.
Issuance of Certified True Copies (Section 31, Rule XIII)
17.
Issuance of Certification (Section 32, Rule XIV)
18.
Verification/Research on Documents on File (Section 33, Rule XV)
19.
Exceptions Handling (Section 33, Rule XV)
•
Exceptions are deviations from the normal workflow of the transaction such as but not limited to the registration of transactions that are not available in the system.
Fees Collection – The Point of Sale (POS) System shall be used in collecting fees for all transactions related to registered land
Modes of Payment: a. Cash b. Cashier or Manager’s Check c. Postal Money Order d. BSP credit advice e. Any combination of the above
Transaction Monitoring System (Rule XIX) monitors transaction from the time it was entered into the Electronic Primary Entry Book up to its release. The Register of Deeds shall have access rights to this system.
Disaster Recovery (Rule XX)
•
The LRA shall maintain all databases in the respective Registries, the
Information Management Center, and other designated disaster recovery sites. These databases shall include all data related to registered lands.
•
The primary database shall be located in the respective Registries where the transactions are initiated, processed, and completed, or such other locations designated by LRA. The secondary database shall be located in the Information Management Center, and all other designated disaster recovery sites.