GROUP 7

Abquiren, Illyssa Jane T.

Crisostomo, Rafael Rufo B.
Daweg, Shamira Y.
1. No
Under the PD 1529, Every Person receiving a certificate of title in pursuance of a decree of
registration and every subsequent purchaser of registered land who takes a certificate of title
for value in good faith shall hold the same free of all encumbrance except those noted on said
certificate and any of the following encumbrance which may be subsisting: taxes within
two years after the same became due and payable But there is no provision of law to the
effect that the sale of registered land to foreclose a tax lien need not be registered.
It is not necessary to register a tax lien because it is automatically registered, once the tax
accrues, by virtue of the provision.
2. Under Section 50, PD 1529 provides that any owner desiring to subdivide a tract of
registered land into lots shall submit to the Land Registration Authority a submission plan
of the land duly approved by the Lands Management Bureau, through the Regional
Technical Direction, or the Administrator of the Land Registration Authority together
with the approved technical descriptions and the corresponding owners duplicate
certificate of title. The plan shall distintly and accurately delineates all boundaries,
streets, passageways and waterways, if any. The Registry of Deeds shall thereupon
register the subdivision plan without need of prior court approved and issue a new
certificate of title for the land as subdivided.
3. NO.
Under Section 58 paragraph 2, provides that 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 Registry 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 grantors certificate
partially with respect only to the said portion conveyed.
In this case, it is clearly evident from the above provision that for petitioner Register of
Deeds to issue a new certificate of title, he must require the submission of the approved
subdivision plan together with the approved technical descriptions and the corresponding
owners duplicate certificate of title.
Therefore, He could not have dispensed with the submission of the subdivision plan and
relied solely on the technical descriptions provided in the courts order.
4. In the case of ABS Realty vs ORTIGAS Company provides that it cannot be pretended
that it failed to actively pursue the attainment of its objective of having a "controlled real

estate development project and subdivision scheme". The Court thus concurs with the
ratiocinations of the RTC when it posited that the restrictions imposed by ORTIGAS on
ASB have been "rendered obsolete and inexistent" for failure of ORTIGAS to enforce the
same uniformly and indiscriminately against all non-complying property owners. If the
purpose of ORTIGAS for imposing the restrictions was for its "controlled real estate
development project and subdivision scheme", then it should have sought compliance
from all property owners that have violated the restriction on building completion. As
things stand, ASB would appear to have been singled out by ORTIGAS, rendering the
present action highly suspect and a mere afterthought.
Consequently, while it may be true that ASB was bound by the restrictions annotated on
its title, specifically the restriction on building completion, ORTIGAS is now
effectively estopped from enforcing the same by virtue of its inaction and silence.
A certificate of title shall not be subject to collateral. It cannot be altered, modified or
cancelled except in a direct proceeding in accordance with law.
5. The law provides that a lien is already existing burden or care on the property usually for
the payment of some debt or obligation. Also it is a qualified right or a proprietary
interest which may be exercised over the property of another. On the other hand,
encumbrance is a burden upon land, depreciative of its value, such as a lien, easement, or
servitude, which though adverse to the interest of tee landowner does not conflict with his
conveyance of the land in fee.
In the law, the notice of lis pendens is not a lien or encumbrance. It is a mere cautionary
notice to a prospective buyer or mortgaged of a parcel of land under litigation, then it
imposes no obligation on the owner, but on the prospective buyer.
6. Under Section 44, PD 1529, the purpose of the enumeration under this provision is to
create an indefeasible title and one free from all charges, liens and encumbrances except
those preserved against it by special mention in the decree of registration or by provision
of law. Section 44, PD 1529, embodies that purpose in express law. It declares, in effect,
that every owner of registered land shall hold the same free and clear from any and all
liens and encumbrance except those set forth in the decree of registration and those
mentioned and excepted in that section. The purpose was to give to the person registering
and to his transferred for value, an absolutely clear title, one not subject to hidden defects,
to undeveloped or inchoate claims, to any sort of restriction, limits or reduction except
those named in the certificate of registration or described in Section 44.
7. No.
The law provides, every registered owner receiving a certificate of title pursuant to a
decree of registration, and every subsequent purchaser of registered land taking such
certificate for value and in good faith shall hold the same free from all encumbrances,
except those noted and enumerated in the certificate.

Therefore, a person dealing with registered land is not required to go behind the registry
to determine the condition of the property, since such condition is noted on the face of the
register or certificate of title.
8. The law provides under PD 1529 Section 50, 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.