Sec.
47 – Registered land not subject to prescription
- The land is already imprescriptible
- The prescription referred here is acquisitive prescription
- Supposing the title has not yet been issued or the decree
and certificate was not signed yet? – The land cannot be
acquired anymore by acquisitive prescription as long as
there is already judgment because it is already considered
as registered.
Sec 47. Registered land not subject to
prescriptions. No title to registered land in derogation
of the title of the registered owner shall be acquired by
prescription or adverse possession.
Sec. 48 – Certificate not subject to collateral attack
- the object of collateral attack is not to nullify the title.
Nullification of the title is only incidental in a collateral attack
- collateral attack is a summary procedure in forcible
entry/unlawful entry
eg. ejectment case – should be filed in MTC
accion publiciana – recovery of possession
(RTC)
- Laches – unjustified delay in bringing action
- not applicable to registered land
REGISTERED OWNER MAY BE BARRED FROM
RECOVERING POSSESSION THROUGH LACHES:
ELEMENTS OF LACHES
1. Conduct on the part of defendant
2. Delay in asserting the complainant’s rights after having
knowledge or notice and having been afforded opportunity to
initiate a suit
3. Lack of knowledge or notice on the part of defendant
4. Inquiry or prejudice to the defendant
CERTIFICATE OF TITLE NOT SUBJECT TO ANY
COLLATERAL ATTACK
A DIRECT ATTACK ON THE TITLE MAY BE MADE IN A
COUNTERCLAIM OR THIRD-PARTY COMPLAINT
- direct proceeding – when the action is to nullify or cancel the
title itself
- the issue here is the VALIDITY of the title itself
- example of the cause of action: violation of Sec. 23
- Action: action to nullify or cancel the title
- Caraan vs. CA – title cannot be subject of collateral attack
- The action filed here is accion reivindicatoria which is a
collateral attack
- Sps. Amancio vs. CA
Sec 48. Certificate not subject to collateral
attack. A certificate of title shall not be subject to
collateral attack. It cannot be altered, modified, or
canceled except in a direct proceeding in
accordance with law.
Sec. 49 – Splitting or consolidation of titles
Sec.49 A registered owner of several distinct parcels
of land embraced in and covered by a certificate of title
desiring in lieu thereof separate certificates, each
containing one or more parcels, may file a written
request for that purpose with the Register of Deeds
concerned, and the latter, upon the surrender of the
owner's duplicate, shall cancel it together with its
original and issue in lieu thereof separate certificates
as desired. A registered owner of several distinct
parcels of land covered by separate certificates of title
desiring to have in lieu thereof a single certificate for
the whole land, or several certificates for the different
parcels thereof, may also file a written request with the
Register of Deeds concerned, and the latter, upon the
surrender of the owner's duplicates, shall cancel them
together with their originals, and issue in lieu thereof
one or separate certificates as desired.
Sec. 50 – Subdivision and consolidation plans
Section 50. Subdivision and consolidation plans. Any
owner subdividing a tract of registered land into lots
which do not constitute a subdivision project has
defined and provided for under P.D. No. 957, shall file
with the Commissioner of Land Registration or with the
Bureau of Lands a subdivision plan of such land on
which all boundaries, streets, passageways and
waterways, if any, shall be distinctly and accurately
delineated.
If a subdivision plan, be it simple or complex, duly
approved by the Commissioner of Land Registration or
the Bureau of Lands together with the approved
technical descriptions and the corresponding owner's
duplicate certificate of title is presented for registration,
the Register of Deeds shall, without requiring further
court approval of said plan, register the same in
accordance with the provisions of the Land
Registration Act, as amended: Provided, however, that
the Register of Deeds shall annotate on the new
certificate of title covering the street, passageway or
open space, a memorandum to the effect that except
by way of donation in favor of the national government,
province, city or municipality, no portion of any street,
passageway, waterway or open space so delineated
on the plan shall be closed or otherwise disposed of by
the registered owner without the approval of the Court
of First Instance of the province or city in which the
land is situated.
A registered owner desiring to consolidate several lots
into one or more, requiring new technical descriptions,
shall file with the Land Registration Commission, a
consolidation plan on which shall be shown the lots to
be affected, as they were before, and as they will
appear after the consolidation. Upon the surrender of
the owner's duplicate certificates and the receipt of
consolidation plan duty approved by the Commission,
the Register of Deeds concerned shall cancel the
corresponding certificates of title and issue a new one
for the consolidated lots.
The Commission may not order or cause any change,
modification, or amendment in the contents of any
certificate of title, or of any decree or plan, including
the technical description therein, covering any real
property registered under the Torrens system, nor
order the cancellation of the said certificate of title and
the issuance of a new one which would result in the
enlargement of the area covered by the certificate of
title.
- PD 957 (Subdivision and Condominium buyer's Protective
Decree)
SUBDIVISION OR CONSOLIDATION OF TITLE
 “Which is not a subdivision project”—in relation to PD 957 on
subdivisions
 A SUBDIVISION PROJECT is when there is subdivision of
property with intention to sell the lots
 A COMPLEX SUBDIVISION PLAN is a plan wherein the
streets, passageways, etc. are stated in the title
 If subdivision project, submit first to the HLURB, followed by
the LMB and then the RD
SUBDIVISION OF REGISTERED LAND
 Submit to LRA an approved subdivision plan by the LMB
CONVEYANCE OF ONLY A PORTION OF THE LAND
 RD shall not enter a new title in favor of the grantee until after
a plan indicating the portions into which the land has been
subdivided shall have been first presented together with
technical description
2 Types of subdivision plan:
1) Simple
2) Complex
 No portion of any STREET, PASSAGEWAY, WATERWAY OR
OPEN SPACE so delineated on the plan shall be closed or
otherwise disposed if by the registered owner with the approval
of the RTC of the province or city in which the land is situated
- Owner can donate them to the government but cannot sell
without approval
 A registered owner desiring to consolidate several lots into one
or more, requiring new technical descriptions, shall file with the
LRA a consolidation plan
- The new technical description shall be the result of the survey
which will now be a consolidated plan
 This is to prevent enlargement of area
SUBSEQUENT REGISTRATION: VOLUNTARY DEALINGS
WITH REGISTERED LANDS
Sec. 51 – Conveyance and other dealings by registered
owner
- Relate Sec. 51 to Sec. 112
- N/A to unregistered land (Sec. 113 (b) )
- Legal forms – vehicle used for executing deeds
Sec 51. Conveyance and other dealings by
registered owner. An owner of registered land may
convey, mortgage, lease, charge or otherwise deal
with the same in accordance with existing laws. He
may use such forms of deeds, mortgages, leases or
other voluntary instruments as are sufficient in law.
But no deed, mortgage, lease, or other voluntary
instrument, except a will purporting to convey or
affect registered land shall take effect as a
conveyance or bind the land, but shall operate only
as a contract between the parties and as evidence of
authority to the Register of Deeds to make
registration.
The act of registration shall be the operative act to
convey or affect the land insofar as third persons are
concerned, and in all cases under this Decree, the
registration shall be made in the office of the
Register of Deeds for the province or city where the
land lies.
2 Modes of making Instrument Public:
1) By jurat – contains narration of facts (affidavits)
2) By acknowledgment – eg. Deed of conveyance
- The act of registration shall be the operative act to convey or
affect the land insofar as 3rd persons are concerned
Extra knowledge from Judge Serrano for contracts:
SS. – scilicet (venue)
- Not S.S. – this is wrong
- this Decree or upon order of the court, for cause
Sec. 52 – Constructive notice upon registration
 If the instrument is not registered, who are bound?
(1) contracting parties, assignees, heirs, successors-in-interest
- Heirs are bound because they are extension of the
personality of the decedent
(2) those who have knowledge
– because the purpose of the registration is already
attained; actual knowledge is equivalent to registration
(Consolidated Rural Bank vs.CA)
 Importance of Registration: to convey or affect the land insofar
as 3rd party is concern
 There is permanent record upon registration
 There is already conclusive presumption/ irrefutable
presumption
Sec 52. Constructive notice upon registration. Every
conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land
shall, if registered, filed or entered in the office of the
Register of Deeds for the province or city where the
land to which it relates lies, be constructive notice to
all persons from the time of such registering, filing or
entering.
REGISTRATION IS CONSTRUCTIVE NOTICE TO THIRD
PERSONS
 The act of registration shall be the operative act to convey or
affect the land insofar as third persons are concerned
 It is the act of registration which creates a constructive notice to
the whole world and binds third persons
 Absent such registration, a conveyance doesn’t affect or bind
the land
 Under the rule on notice, there is a conclusive presumption that
the purchaser has examined every instrument of record
affecting the title
 He is charged with notice of every fact shown by the record and
is presumed to know every fact which an examination of the
record would have disclosed
 Since it is the act of registration which transfers ownership of
the land sold, it has been held that a subsequent claimant
cannot claim a better right over the land which had been
previously registered in the name of another.
 A notice of lis pendens serves as a warniong to a prospective
purchaser or encumbrancer that the particular property is in
litigation and that he should keep his hands off the same, unless
he intends to gamble on the results of the litigation
VOLUNTARY AND INVOLUNTARY REGISTRATION
DISTINGUISHED
Involuntary Registration Voluntary Registration
An entry thereof attachment, An innocent purchaser for
levy, notice of lis pendens, value of registered land
etc—in the day book is becomes the registered owner
sufficient notice to all persons and in contemplation of law the
even if the owner’s duplicate holder of a certificate of title,
certificate of title isn’t the moment he presents and
presented to the RD files a duly notarized and valid
deed of sale and the same is
entered in the day book and at
the same time he surrenders or
presents the owner’s duplicate
certificate of title covering the
land sold and pays the
registration fees, because what
needs to be done lies
not within his power to perform
Sec. 53 – Presentation of owner’s duplicate upon entry of
new certificate
Sec 53. Presentation of owner's duplicate upon entry
of new certificate. No voluntary instrument shall be
registered by the Register of Deeds, unless the
owner's duplicate certificate is presented with such
instrument, except in cases expressly provided for in
shown.
The production of the owner's duplicate certificate,
whenever any voluntary instrument is presented for
registration, shall be conclusive authority from the
registered owner to the Register of Deeds to enter a
new certificate or to make a memorandum of
registration in accordance with such instrument, and
the new certificate or memorandum shall be binding
upon the registered owner and upon all persons
claiming under him, in favor of every purchaser for
value and in good faith.
In all cases of registration procured by fraud, the
owner may pursue all his legal and equitable remedies
against the parties to such fraud without prejudice,
however, to the rights of any innocent holder for value
of a certificate of title. After the entry of the decree of
registration on the original petition or application, any
subsequent registration procured by the presentation
of a forged duplicate certificate of title, or a forged
deed or other instrument, shall be null and void.
- No voluntary instrument shall be registered by the RD unless
the owner’s duplicate certificate is presented with such
instrument
- The production of the owner’s duplicate certificate, whenever
any voluntary instrument is presented for registration, shall be
conclusive authority from the registered owner to the RD to
enter a new certificate or to make a memorandum of
registration.
SURRENDER OF OWNER’S DUPLICATE CERTIFICATE
 No voluntary instrument shall be registered by the RD unless
the owner’s duplicate certificate is presented together with such
instrument, except in some cases given or upon the order of the
court for cause shown.
 To affect the land sold, presentation of the deed of sale and its
entry in the day book must be done with the surrender of the
owner’s duplicate of the certificate of title
 Where a voluntary instrument cannot be registered by reason of
refusal or failure of the holder to surrender the owner’s duplicate
certificate of title, the party in interest may file a petition in court
to compel surrender of the same to the RD
 However, non-production of the owner’s duplicate of the
certificate of title may not invalidate a vendee’s claim of
ownership where the subsequent vendees of the same lot
cannot be considered in the law to be unaware of the prior sale,
on account of their relationship with the 1st vendee, since the
validity of a title to a piece of property depends on the buyer’s
knowledge of a prior sale.
Sec. 54 – Dealings less than ownership, how registered
Sec 54. Dealings less than ownership, how
registered. No new certificate shall be entered or
issued pursuant to any instrument which does not
divest the ownership or title from the owner or from the
transferee of the registered owners. All interests in
registered land less than ownership shall be registered
by filing with the Register of Deeds the instrument
which creates or transfers or claims such interests and
by a brief memorandum thereof made by the Register
of Deeds upon the certificate of title, and signed by
him. A similar memorandum shall also be made on the
owner's duplicate. The cancellation or extinguishment
of such interests shall be registered in the same
manner.
- Manner of accomplishing registration
- No new certificate shall be entered or issued pursuant to any
instrument which does not divest the ownership or title from the
owner or from the transferee of the registered owners.
 All interests in registered land less than ownership shall be
registered by filing with the RD the instrument which creates
or transfers or claims such interests and by a certificate of
title and signed by him.
 A similar memorandum shall also be made on the owner’s
duplicate.
 The cancellation or extinguishment of such interests shall be
registered in the same manner
Sec. 55 – Grantee’s name, nationality, etc to be stated
Sec 55. Grantee's name, nationality, etc., to be
stated. Every deed or other voluntary instrument
presented for registration shall contain or have
endorsed upon it the full name, nationality, residence
and postal address of the grantee or other person
acquiring or claiming an interest under such
instrument, and every deed shall also state whether
the grantee is married or unmarried, and if married,
the name in full of the husband or wife. If the grantee
is a corporation or association, the instrument must
contain a recital to show that such corporation or
association is legally qualified to acquire private lands.
Any change in the residence or postal address of such
person shall be endorsed by the Register of Deeds on
the original copy of the corresponding certificate of
title, upon receiving a sworn statement of such
change. All names and addresses shall also be
entered on all certificates.
Notices and processed issued in relation to registered
land in pursuance of this Decree may be served upon
any person in interest by mailing the same to the
addresses given, and shall be binding, whether such
person resides within or without the Philippines, but
the court may, in its discretion, require further or other
notice to be given in any case, if in its opinion the
interest of justice so requires.
 Full name, nationality, residence and postal address of the
grantee or other person acquiring or claiming an interest
 Whether married or not and the name of the spouse if married
 If the grantee is a corporation or association, the instrument
must contain a recital to show that such corporation or
association is legally qualified to acquire private lands.
Sec. 56 – Primary Entry Book; fees; certified copies
Sec 56. Primary Entry Book; fees; certified
copies. Each Register of Deeds shall keep a primary
entry book in which, upon payment of the entry fee, he
shall enter, in the order of their reception, all
instruments including copies of writs and processes
filed with him relating to registered land. He shall, as a
preliminary process in registration, note in such book
the date, hour and minute of reception of all
instruments, in the order in which they were received.
They shall be regarded as registered from the time so
noted, and the memorandum of each instrument, when
made on the certificate of title to which it refers, shall
bear the same date: Provided, that the national
government as well as the provincial and city
governments shall be exempt from the payment of
such fees in advance in order to be entitled to entry
and registration.
Every deed or other instrument, whether voluntary or
involuntary, so filed with the Register of Deeds shall be
numbered and indexed and endorsed with a reference
to the proper certificate of title. All records and papers
relative to registered land in the office of the Register
of Deeds shall be open to the public in the same
manner as court records, subject to such reasonable
regulations as the Register of Deeds, under the
direction of the Commissioner of Land Registration,
may prescribe.
All deeds and voluntary instruments shall be presented
with their respective copies and shall be attested and
sealed by the Register of Deeds, endorsed with the file
number, and copies may be delivered to the person
presenting them.
Certified copies of all instruments filed and registered
may also be obtained from the Register of Deeds upon
payment of the prescribed fees.
 Registration of entries
 Basis in the order of reception of the RD & payments: At the
time of the ENTRY in the PRIMARY BOOK or DAY BOOK
- RD shall enter all instruments including copies of writs and
processes filed w/ him relating to registered lands; the date,
hour and minute of reception of all instruments in the order in
w/c they were received.
- The government shall be exempt from fees
This shall be open to the public
Importance of being recorded in the entry book:
transaction/conveyance deemed registered
Rule: Priority in registration establishes priority in rights – he
who is first in time is preferred in right. (primus in tempore
potior in jure)
- Covers the procedure in registration of conveyances
- The function of RD is ministerial and mandatory. However,
he has the duty to determine the compliance with the
requirements below.
Requirements:
1) Deed of conveyance must be (a) registerable (Sec. 112), (b)
in form sufficient in law and (Sec. 112) (c) contains technical
description (d) must contain the name of the grantee,
nationality, etc.
2) Owner’s duplicate certificate (ODCT) must be surrendered –
RD shall determine the authenticity of the duplicate to avoid
fraud
3) Payment of registration fees
- If all the requirements are present, it shall be a conclusive
authority for the RD to register the subsequent registration.
- The requirements CANNOT be altered/modified except by
legislature itself
- Local Government (through its ordinance) has NO
power to alter or modify the requirements
SURRENDER OF OWNER’S DUPLICATE OF CERTIFICATE
OF TITLE: Must be presented during registration
Reasons:
1) To check the authority of the owner
2) It will serve as evidence of the willful act of the owner in
conveying the land
3) Safeguard against fraud
- Why does it prevent fraud from being committed? –
Because the law requires that the ODCT and the Registrable
Certificate of Conveyance must be presented.
- If the holder of the ODCT does not want to surrender the
ODCT – RD shall petition w/ the court for the surrender
of the title
 Description of property must be PROPERLY DESCRIBED –
contains technical description
- Lot No., boundaries, area, etc.
- Be sure that the description is property checked and
correct.
 In case there is irregularity between area and boundaries –
the BOUNDARIES should prevail!
 Annotation de Memorandum to the certificate of title – Act of
Registration is the operative act.
 In addition, the following should be determined: (a) payment
of registration fees; (b) whether the transferee is a Filipino
citizen or qualified to be an owner
- The transferee’s citizenship must be stated in the deed
of conveyance
- If it is a corporation, it should be at least 60% owned by
Filipinos.
- Basis: Constitutional prohibition against aliens
Classification of lands according to the Constitution:
1) Forest land
2) Mineral land
3) Agricultural land – private, urban, residential
 If sold to a foreigner – the contract is void
- However, the status of the contract between the contracting
parties is valid and binding
1) Principle of estoppel
2) In pari delicto
- If both parties in default – the law will leave
them were they are
- But with respect with the state, the contract is invalid.
- The state, through SolGen, shall execute Escheat (Forfeiture
proceedings) to recover the land
Gen. Rule: Aliens cannot acquire property
Exceptions:
1) Aliens who acquire the land though hereditary
succession.
2) Corporation sole – eg. Roman Catholic Church
3) During Japanese occupation – Phil.Constitution was
suspended until Jan. 4, 1943
RA 8179 – maximum area: (a) urban – 5,000 sq. meters; (b) rural
– 3 hectares
- Applies to former natural born Filipinos
 Supposing it was sold to an alien then it was sold to a Filipino
citizen, can the state file an escheat proceedings? – No
because the Constitutional prohibition will NOT apply.
 Supposing the land was owned prior to his naturalization (from
alien national to Filipino)? – It depends. If escheat was already
filed by the state before the naturalization, the sale shall be VOID.
But if the state has not yet filed after the naturalization, the sale
would be VALID.
 He is a buyer in GOOD FAITH if the Filipino buys it in his own
interest. He is in BAD FAITH if he buys it for the alien’s
interest.
- Circumvention of the law to escape prohibition of the
law
- He shall be considered as DUMMY under ANTI-
DUMMY LAW (special penal law)
- “What cannot be done directly cannot be done
indirectly.” (Doctrine of Colorable Legislation)
CORPORATION SOLE – (religious) As mere administrator of the
Church property
o Not contemplated by the constitutional prohibition
o Eg. Secular (bishop, parish priest), religious (abbot)
o Represented by 1 member only
 A Canadian priest was questioned when he acquired
by purchase an agricultural land – he is not an owner
but he is merely an administrator of the land
- The true owners are the Filipinos who are the members of
the church (p. 203)
 Supposing a FORGED duplicate certificate of title and deed
of sale that were manufactured in Recto, will you register it?
– No because you have no authority to register it since the
document presented is not authentic

 Supposing you issued new Transfer Certificate of Title based on
the forged OCT, what is the status of the certificate of title you
issued? – NULL & VOID.
 May a forged certificate of title be a root/source of a valid title? –
No. This is an absolute rule. The registration shall be null and
void. There is no authority given to the RD because the title is still
intact and still in the possession of the registered owner.
 RD has the duty to investigate the genuiness of the title. (because
it is his duty)
Note: A FORGED Deed of Conveyance CAN be a valid title –
because it is not RD’s authority to determine the genuiness of the deed
of conveyance (deed, not ODCT).
- It shall be a judicial function.
 In the case of Sps. Eduarte vs. CA, what was forged was the
Deed of Conveyance. Hence, it became a source of a valid title.
 What is the status of the Certificate of Title you issued to the
forger? – It is VOID. Subsequent registration of a forger conveys
no title/void. Owner can still go against the forger.
Exception: “A forged deed may be a root of a valid title.”
Requisites:
1) That the registered owner DELIVERED or ENTRUST the
ODCT to the forger
2) Using the forged deed of conveyance, the forger
TRANSFERRED the property to his name.
3) While the Certificate of Title remains in the name of the
forger, the land is CONVEYED to an INNOCENT
PURCHASER FOR VALUE.
RULE:
 If Forged Deed of Conveyance: ownership may be lost in
favor of Innocent Purchaser for Value (IPV)
 If through forged Certificate of Title: ownership cannot be
lost in favor of IPV.
- If what is forged is the ODCT, the registration will never
be valid and always void and cannot be source of a
valid title.
- Because the surrendered ODCT must be genuine,
then forged ODCT does not give the RD any
authority to register as it is bound to know the
genuiness of the ODCT.
Remedy if ownership is already transferred:
1) Equitable remedy: reconveyance
2) Legal remedy: reopening of the case, etc.
3) Damages against the person who defraud or against the
insurance fund.
Note: As between two innocent persons, the one who should
suffer is the one who by act of confidence entrusted the
certificate of title and became the cause of forgery and not the
IPV.
Problem #1: Mr. B (thief) entered the house of X and stole therein
moneys and Owner’s Certificate of Title. He forged a deed of
conveyance. You as the RD, will you register it? – Yes, if the property
is registerable)
- Supposing B sold the property to Mr. C. Does C acquire
ownership? – No. Because the 1st requisite is not present
(the certificate was stolen, not entrusted).
Problem # 2: Supposing the owner entrusted the certificate to his
agent. The agent forged a special power of authority. – RD will note at
the back of the title that SPA executed by the registered owner was in
favor of his agent. The RD may issue certificate.
Question: Supposing the agent sold the property. Did the buyer
acquire a valid title? – No, because the buyer in the case bought the
property from the forger. The vendor is not the true and legal owner of
the property.
- Subsequent registration procured through a forged deed is null
and void.
- if you’re dealing with an agent, you should inquire if the agent has
the authority to sell (Sec. 53-Forged Deed), and besides, it does not
comply with the 2nd requisite (the forger did not use a forged deed of
conveyance but an SPA only).
Sec. 57 – Conveyances and Transfers
- duty of RD: ministerial and mandatory in character
Sec 57. Procedure in registration of conveyances. An
owner desiring to convey his registered land in fee simple
shall execute and register a deed of conveyance in a form
sufficient in law. The Register of Deeds shall thereafter
make out in the registration book a new certificate of title to
the grantee and shall prepare and deliver to him an owner's
duplicate certificate. The Register of Deeds shall note upon
the original and duplicate certificate the date of transfer, the
volume and page of the registration book in which the new
certificate is registered and a reference by number to the
last preceding certificate. The original and the owner's
duplicate of the grantor's certificate shall be stamped
"canceled". The deed of conveyance shall be filled and
indorsed with the number and the place of registration of
the certificate of title of the land conveyed.
Sec. 58 – Procedure where conveyance involves portion of land
- If the land to be conveyed is for a part only of the land described
in the certificate, there should be a subdivision plan according to
Sec. 50.
Sec 58. Procedure where conveyance involves portion of
land. If a deed or conveyance is for a part only of the land
described in a certificate of title, the Register of Deeds shall
not enter any transfer certificate to the grantee until a plan
of such land showing all the portions or lots into which it has
been subdivided and the corresponding technical
descriptions shall have been verified and approved
pursuant to Section 50 of this Decree. Meanwhile, such
deed may only be annotated by way of memorandum upon
the grantor's certificate of title, original and duplicate, said
memorandum to serve as a notice to third persons of the
fact that certain unsegregated portion of the land described
therein has been conveyed, and every certificate with such
memorandum shall be effectual for the purpose of showing
the grantee's title to the portion conveyed to him, pending
the actual issuance of the corresponding certificate in his
name.
Upon the approval of the plan and technical descriptions,
the original of the plan, together with a certified copy of the
technical descriptions shall be filed with the Register of
Deeds for annotation in the corresponding certificate of title
and thereupon said officer shall issue a new certificate of
title to the grantee for the portion conveyed, and at the
same time cancel the grantor's certificate partially with
respect only to said portion conveyed, or, if the grantor so
desires, his certificate may be canceled totally and a new
one issued to him describing therein the remaining portion:
Provided, however, that pending approval of said plan, no
further registration or annotation of any subsequent deed or
other voluntary instrument involving the unsegregated
portion conveyed shall be effected by the Register of
Deeds, except where such unsegregated portion was
purchased from the Government or any of its
instrumentalities. If the land has been subdivided into
several lots, designated by numbers or letters, the Register
of Deeds may, if desired by the grantor, instead of
canceling the latter's certificate and issuing a new one to
the same for the remaining unconveyed lots, enter on said
certificate and on its owner's duplicate a memorandum of
such deed of conveyance and of the issuance of the
transfer certificate to the grantee for the lot or lots thus
conveyed, and that the grantor's certificate is canceled as to
such lot or lots.
Sec. 59 – Carry over of encumbrances
 Supposing the registered land was sold but was subject to mortgage,
will the buyer acquire ownership over the property? – YES because
mortgage creates only a lien or encumbrance over the property. It
does not operate as a transfer of ownership.
- What would happen? – (Sec. 59) The encumbrance shall be
carried over EXCEPT when the mortgage is simultaneously
released o cancelled.
- Just pay the mortgage to have a clean title and secure
CERTIFICATE OF CANCELLATION OF TITLE

Sec 59. Carry over of encumbrances. If, at the time of any

transfer, subsisting encumbrances or annotations appear in
the registration book, they shall be carried over and stated
in the new certificate or certificates; except so far as they
may be simultaneously released or discharged