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    PD 1529 Section 108 Jurisprudence

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    Nash Ortiz Luis
    Section 108 of P.D. No. 1529 outlines the process for amending or altering certificates of title registered under the Land Registration Act. It allows parties to petition the court for amendment in seven situations: when registered interests have terminated or changed, when new interests have arisen, when errors or omissions exist, when a name has changed, when marital status has changed, when a dissolved corporation has not conveyed land, or for other reasonable grounds. The court can order new certificates or alterations if notice is given and no purchaser's rights are impaired. This case found the petitioner was actually seeking reconveyance of property, not cancellation as outlined, so their petition did not fall under Section 108.

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    PD 1529 Section 108 Jurisprudence

    Uploaded by

    Nash Ortiz Luis
    493 views2 pages
    Section 108 of P.D. No. 1529 outlines the process for amending or altering certificates of title registered under the Land Registration Act. It allows parties to petition the court for amendment in seven situations: when registered interests have terminated or changed, when new interests have arisen, when errors or omissions exist, when a name has changed, when marital status has changed, when a dissolved corporation has not conveyed land, or for other reasonable grounds. The court can order new certificates or alterations if notice is given and no purchaser's rights are impaired. This case found the petitioner was actually seeking reconveyance of property, not cancellation as outlined, so their petition did not fall under Section 108.

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    PD 1529 Section 108 Jurisprudence

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    Section 108 of P.D. No. 1529 outlines the process for amending or altering certificates of title registered under the Land Registration Act. It allows parties to petition the court for amendment in seven situations: when registered interests have terminated or changed, when new interests have arisen, when errors or omissions exist, when a name has changed, when marital status has changed, when a dissolved corporation has not conveyed land, or for other reasonable grounds. The court can order new certificates or alterations if notice is given and no purchaser's rights are impaired. This case found the petitioner was actually seeking reconveyance of property, not cancellation as outlined, so their petition did not fall under Section 108.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    493 views2 pages

    PD 1529 Section 108 Jurisprudence

    Uploaded by

    Nash Ortiz Luis
    Section 108 of P.D. No. 1529 outlines the process for amending or altering certificates of title registered under the Land Registration Act. It allows parties to petition the court for amendment in seven situations: when registered interests have terminated or changed, when new interests have arisen, when errors or omissions exist, when a name has changed, when marital status has changed, when a dissolved corporation has not conveyed land, or for other reasonable grounds. The court can order new certificates or alterations if notice is given and no purchaser's rights are impaired. This case found the petitioner was actually seeking reconveyance of property, not cancellation as outlined, so their petition did not fall under Section 108.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Section 108 of P.D. No.

    1529 reads as follows:


    Section 108. Amendment and alteration of certificates. – No erasure, alteration, or
    amendment shall be made upon the registration book after the entry of a certificate of
    title or of a memorandum thereon and the attestation of the same by the Register of
    Deeds, except by order of the proper Court of First Instance. A registered owner or
    other person having interest in the registered property, or, in proper cases, the Register
    of Deeds with the approval of the Commissioner of Land Registration, may apply by
    petition to the court upon the ground that the registered interest of any description,
    whether vested, contingent, expectant or inchoate appearing on the certificate, have
    terminated and ceased; or that new interest not appearing upon the certificate have
    arisen or been created; or that an omission or an error was made in entering a
    certificate or any memorandum thereon, or on any duplicate certificate: or that the
    same or any person in the certificate has been changed or that the registered owner has
    married, or, if registered as married, that the marriage has been terminated and no
    right or interest of heirs or creditors will thereby be affected; or that a corporation
    which owned registered land and has been dissolved has not yet convened the same
    within three years after its dissolution; or upon any other reasonable ground; and the
    court may hear and determine the petition after notice to all parties in interest, and
    may order the entry or cancellation of a new certificate, the entry or cancellation of a
    memorandum upon a certificate, or grant any other relief upon such terms and
    conditions, requiring security and bond if necessary, as it may consider
    proper;Provided, however, That this section shall not be construed to give the court
    authority to reopen the judgment or decree of registration, and that nothing shall be
    done or ordered by the court which shall impair the title or other interest of a
    purchaser holding a certificate for value and in good faith, or his heirs and assigns
    without his or their written consent. Where the owner’s duplicate certificate is not
    presented, a similar petition may be filed as provided in the preceding section.
    All petitions or motions filed under this section as well as any other provision of this
    decree after original registration shall be filed and entitled in the original case in
    which the decree of registration was entered.
    Based on the provision, the proceeding for the amendment and alteration of a
    certificate of title under Section 108 of P.D. No. 1529 is applicable in seven
    instances or situations, namely: (a) when registered interests of any description,
    whether vested, contingent, expectant, or inchoate, have terminated and ceased; (b)
    when new interests have arisen or been created which do not appear upon the
    certificate; (c) when any error, omission or mistake was made in entering a
    certificate or any memorandum thereon or on any duplicate certificate; (d) when
    the name of any person on the certificate has been changed; (e) when the registered
    owner has been married, or, registered as married, the marriage has been
    terminated and no right or interest of heirs or creditors will thereby be affected; (f)
    when a corporation, which owned registered land and has been dissolved, has not
    conveyed the same within three years after its dissolution; and (g) when there is
    reasonable ground for the amendment or alteration of title.[8]
    We agree with both the CA and the RTC that the petitioner was in reality
    seeking the reconveyance of the property covered by OCT No. 684, not the
    cancellation of a certificate of title as contemplated by Section 108 of P.D. No.
    1529. Thus, his petition did not fall under any of the situations covered by Section
    108, and was for that reason rightly dismissed.

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