presentation on detecting fake and spurious2

November 24, 2009November 24, 2009

Rhandolfo B. Amansec Rhandolfo B. Amansec Chief, Inspection and Investigation DivisionChief, Inspection and Investigation Division

““UNDERSTANDING LAND UNDERSTANDING LAND

REGISTRATION:REGISTRATION: How To Read And Interpret TitlesHow To Read And Interpret Titles””

A.A. Guidelines and Tools for Guidelines and Tools for Detecting Fake/Spurious TitlesDetecting Fake/Spurious Titles


1.1. Check the judicial form.Check the judicial form.

a.a. Identify overt features of the form (i.e. watermark, Identify overt features of the form (i.e. watermark, color of fibers, planchettes, intaglio on the color of fibers, planchettes, intaglio on the borders)borders)

Like the Philippine Currency, the Like the Philippine Currency, the Bangko Sentral ng Bangko Sentral ng PilipinasPilipinas is in charge of exclusively printing the judicial form is in charge of exclusively printing the judicial form used in the preparation of the title. Not only are there visible used in the preparation of the title. Not only are there visible features ( i.e. features ( i.e. watermark, colors of fibers, planchettes, intaglio watermark, colors of fibers, planchettes, intaglio on the borders on the borders ) on the face of the paper used, but every piece ) on the face of the paper used, but every piece of these forms also has an assigned serial number.of these forms also has an assigned serial number.

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Identify overt features of the formIdentify overt features of the form

Identify overt features of the formIdentify overt features of the form

b.b. Identify the kind of form and its uses and Identify the kind of form and its uses and purposes including the judicial form numberpurposes including the judicial form number

There are fifty (There are fifty (5050) different kinds of judicial forms being ) different kinds of judicial forms being used in preparing a title depending on the use/purpose of its used in preparing a title depending on the use/purpose of its issuance, thus, in the preparation of the title, there is a issuance, thus, in the preparation of the title, there is a particular judicial form to be used corresponding to the mode particular judicial form to be used corresponding to the mode (i.e. titles issued by administrative or judicial process) the (i.e. titles issued by administrative or judicial process) the original title is issued. In the preparation of the title the original title is issued. In the preparation of the title the following consideration is observed.following consideration is observed.

• • Titles are either issued under the Titles are either issued under the administrativeadministrative or or judicialjudicial proceedings and certificates of titles are proceedings and certificates of titles are either either originaloriginal or or transfertransfer certificate of title. There is a certificate of title. There is a corresponding title/judicial form used in the corresponding title/judicial form used in the preparation of a transfer certificate of title (TCT) preparation of a transfer certificate of title (TCT) derived from a title that was issued under the judicial derived from a title that was issued under the judicial proceedings. In the same manner, a corresponding proceedings. In the same manner, a corresponding title/judicial form is used in preparing a TCT derived title/judicial form is used in preparing a TCT derived from a title that was issued under the administrative from a title that was issued under the administrative proceedings. The title form intended for its titles proceedings. The title form intended for its titles issued under the administrative proceedings cannot issued under the administrative proceedings cannot be used in the preparation of title derived by judicially be used in the preparation of title derived by judicially issued titles.issued titles.

• • Other consideration includes, among others, whether Other consideration includes, among others, whether or not the title is reconstituted, reconstituted patent, or not the title is reconstituted, reconstituted patent, etc.etc.

A A judicial form numberjudicial form number is assigned to every judicial form is assigned to every judicial form according to its purpose. This number is printed on the according to its purpose. This number is printed on the upper left-hand corner of all the formupper left-hand corner of all the form..

Example:Example:If the TCT would If the TCT would

emanate from a title that emanate from a title that was issued pursuant to a was issued pursuant to a Decree, the judicial form Decree, the judicial form that will be used in the that will be used in the preparation of the TCT is preparation of the TCT is Judicial Form Judicial Form 109109 for the for the Original copy of the TCT, Original copy of the TCT, while while Judicial Form Judicial Form 109-D109-D is is used for the Owner’s used for the Owner’s Duplicate. In similar Duplicate. In similar manner, for titles emanating manner, for titles emanating from public land patents, from public land patents, Judicial Form No. Judicial Form No. 140140 for for the Original copy and the Original copy and JudicialJudicial Form No. Form No. 140-D140-D for for the Owner’s Duplicate.the Owner’s Duplicate.

FORMS FOR ORIGINAL CERTIFICATE OF TITLEFORMS FOR ORIGINAL CERTIFICATE OF TITLE

Judicial Form Judicial Form 1111 -Sales Patent - (for original copy)-Sales Patent - (for original copy)Judicial Form Judicial Form 11-D11-D -Sales Patent - (for owner’s duplicate)-Sales Patent - (for owner’s duplicate)Judicial Form Judicial Form 5454 -Free Patent - (for original copy)-Free Patent - (for original copy)Judicial Form Judicial Form 54-D54-D -Free Patent - (for owner’s duplicate)-Free Patent - (for owner’s duplicate)Judicial Form Judicial Form 6767 -Homestead Patent - (for original copy)-Homestead Patent - (for original copy)Judicial Form Judicial Form 67-D67-D -Homestead Patent - (for owner’s duplicate)-Homestead Patent - (for owner’s duplicate)Judicial Form Judicial Form 107107 -Ordinary Judicial - (for original copy)-Ordinary Judicial - (for original copy)Judicial Form Judicial Form 107-D107-D -Ordinary Judicial - (for owner’s duplicate)-Ordinary Judicial - (for owner’s duplicate)Judicial Form Judicial Form 108108 -Cadastral (Judicial)- (for original copy)-Cadastral (Judicial)- (for original copy)Judicial Form Judicial Form 108-D108-D -Cadastral (Judicial)- (for owner’s duplicate)-Cadastral (Judicial)- (for owner’s duplicate)Judicial Form Judicial Form 4545 -General form for Special Patent or for Reclaimed -General form for Special Patent or for Reclaimed

area (for original copy) area (for original copy)Judicial Form Judicial Form 67-D67-D -General form for Special Patent or for Reclaimed -General form for Special Patent or for Reclaimed

area (for owner’s duplicate) area (for owner’s duplicate)

FORMS FOR TRANSFER CERTIFICATE OF TITLEFORMS FOR TRANSFER CERTIFICATE OF TITLE

Judicial Form Judicial Form 109109 -Ordinary & Cadastral Title (for original copy)-Ordinary & Cadastral Title (for original copy)

Judicial Form Judicial Form 109-D109-D -Ordinary & Cadastral Title (for owner’s duplicate)-Ordinary & Cadastral Title (for owner’s duplicate)

Judicial Form Judicial Form 140140 -Patent titles (for original copy)-Patent titles (for original copy)

Judicial Form Judicial Form 150150 -Additional Sheet (for annotation of -Additional Sheet (for annotation of encumbrances ) encumbrances )

OTHER FORMS FOR CERTIFICATE OF TITLEOTHER FORMS FOR CERTIFICATE OF TITLE

LRC Form LRC Form 11 -Condominium Certificate of title (for original -Condominium Certificate of title (for original copy) copy)

LRC Form LRC Form 1-A1-A -Condominium Certificate of title (for owner’s -Condominium Certificate of title (for owner’s duplicate) duplicate)

LRC Form LRC Form 11 -Condominium Certificate of title (for original -Condominium Certificate of title (for original copy) copy)

LRC Form LRC Form 1-A1-A -Reconstituted Condominium Certificate of title -Reconstituted Condominium Certificate of title (for owner’s duplicate copy) (for owner’s duplicate copy)

Judicial Form Judicial Form 1111 -Sales Patent (Reconstituted) (for original copy)-Sales Patent (Reconstituted) (for original copy)Judicial Form Judicial Form 11-D11-D -Sales Patent (Reconstituted) (for owner’s -Sales Patent (Reconstituted) (for owner’s

duplicate) duplicate)Judicial Form Judicial Form 11-D11-D -Sales Patent (co-owners duplicate copy)-Sales Patent (co-owners duplicate copy)Judicial Form Judicial Form 11-D11-D -Sales Patent (new Owner duplicate copy -Sales Patent (new Owner duplicate copy

pursuant to Order of the Court) pursuant to Order of the Court)


Judicial Form Judicial Form 5454 -Free Patent (Reconstituted) (for original copy)-Free Patent (Reconstituted) (for original copy)Judicial Form Judicial Form 54-D54-D -Free Patent (Reconstituted) (for owner’s -Free Patent (Reconstituted) (for owner’s

duplicate) duplicate)Judicial Form Judicial Form 54-D54-D -Free Patent (for co-owners duplicate)-Free Patent (for co-owners duplicate)Judicial Form Judicial Form 54-D54-D -Sales Patent (new Owner duplicate copy -Sales Patent (new Owner duplicate copy

pursuant to Order of the Court) pursuant to Order of the Court)Judicial Form Judicial Form 6767 -Homestead Patent (Reconstituted) (for original -Homestead Patent (Reconstituted) (for original

copy) copy)Judicial Form Judicial Form 67-D67-D -Homestead Patent (Reconstituted)(for -Homestead Patent (Reconstituted)(for

owner’s duplicate) owner’s duplicate)Judicial Form Judicial Form 67-D67-D -Homestead Patent (for co-owner’s duplicate -Homestead Patent (for co-owner’s duplicate

copy) copy)Judicial Form Judicial Form 67-D67-D -Homestead Patent (new Owner duplicate copy -Homestead Patent (new Owner duplicate copy

pursuant to Order of the Court)pursuant to Order of the Court)


Judicial Form Judicial Form 107107 -Ordinary Judicial (Reconstituted) (for original -Ordinary Judicial (Reconstituted) (for original copy) copy)

Judicial Form Judicial Form 107-D107-D -Ordinary Judicial (Reconstituted) (for owner’s -Ordinary Judicial (Reconstituted) (for owner’s duplicate) duplicate)

Judicial Form Judicial Form 107-D107-D -Ordinary Judicial (c0-owner’s duplicate copy)-Ordinary Judicial (c0-owner’s duplicate copy)Judicial Form Judicial Form 107-D107-D -Ordinary Judicial (new Owner duplicate copy -Ordinary Judicial (new Owner duplicate copy

pursuant to Order of the Court)pursuant to Order of the Court)Judicial Form Judicial Form 108108 -Cadastral (Judicial) Reconstituted (for original -Cadastral (Judicial) Reconstituted (for original

copy) copy)Judicial Form Judicial Form 108-D108-D -Cadastral (Judicial) Reconstituted (for owner’s -Cadastral (Judicial) Reconstituted (for owner’s

duplicate) duplicate)Judicial Form Judicial Form 108-D108-D -Cadastral (Judicial) Reconstituted (co- owner’s -Cadastral (Judicial) Reconstituted (co- owner’s

duplicate copy) duplicate copy)Judicial Form Judicial Form 108-D108-D -Cadastral (Judicial)(new Owner duplicate copy -Cadastral (Judicial)(new Owner duplicate copy

pursuant to Order of the Court)pursuant to Order of the Court)


Judicial Form Judicial Form 109109 -Ordinary (Judicial) Reconstituted (for original copy)-Ordinary (Judicial) Reconstituted (for original copy)Judicial Form Judicial Form 109-D109-D -Ordinary (Judicial) Reconstituted (for owner’s -Ordinary (Judicial) Reconstituted (for owner’s

duplicate) duplicate)Judicial Form Judicial Form 109-D109-D -Ordinary (Judicial) (co- owner’s duplicate copy)-Ordinary (Judicial) (co- owner’s duplicate copy)Judicial Form Judicial Form 109-D109-D -Ordinary (Judicial) (new Owner duplicate copy -Ordinary (Judicial) (new Owner duplicate copy

pursuant to Order of the Court)pursuant to Order of the Court)Judicial Form Judicial Form 140140 -Patent titles (Reconstituted) (for original copy)-Patent titles (Reconstituted) (for original copy)Judicial Form Judicial Form 140-D140-D -Patent titles (Reconstituted) (for owner’s duplicate)-Patent titles (Reconstituted) (for owner’s duplicate)Judicial Form Judicial Form 140-D140-D -Patent titles (Reconstituted) (co-owner’s duplicate -Patent titles (Reconstituted) (co-owner’s duplicate

copy) copy)Judicial Form Judicial Form 140-D140-D -Patent (new Owner duplicate copy -Patent (new Owner duplicate copy

pursuant to Order of the Court)pursuant to Order of the Court)Judicial Form Judicial Form 4545 -General form for Special Patent or for Reclaimed area -General form for Special Patent or for Reclaimed area (for original copy) (for original copy)Judicial Form Judicial Form 45-D45-D -General form for Special Patent or for Reclaimed area -General form for Special Patent or for Reclaimed area (for owner’s duplicate copy) (for owner’s duplicate copy)

c.c. Check if the date of issuance of title is consistent Check if the date of issuance of title is consistent with the date the title form was printed.with the date the title form was printed.

The judicial form number is printed at the The judicial form number is printed at the top on the upper left portion of the face of the title. top on the upper left portion of the face of the title. Also, printed below the judicial form number is Also, printed below the judicial form number is the year the title-form was printed or revised. If the year the title-form was printed or revised. If the title showed that the date of issuance is not the title showed that the date of issuance is not consistent with the date the title-form was printed, consistent with the date the title-form was printed, then there is ground for suspicion.then there is ground for suspicion.

Example:Example:The date of the The date of the

issuance of the title is issuance of the title is in the year 1970in the year 1970 (e.g. (e.g. Sept. 3, 2004 shown Sept. 3, 2004 shown on the lowest part of on the lowest part of the title before the the title before the signature of the ROD)signature of the ROD) but the date of the but the date of the revision of the judicial revision of the judicial form was in form was in 2000.2000.



2.2. Check the serial number.Check the serial number.

Check the Serial NumberCheck the Serial Number




3.3. Check the TCT number.Check the TCT number.

Check the TCT NumberCheck the TCT Number





4.4. Compare the owner’s duplicate with the Compare the owner’s duplicate with the original title on file.original title on file.

Compare the Owners Duplicate with the OriginalCompare the Owners Duplicate with the Original






5.5. Check the last two digits of the title Check the last two digits of the title number.number.

Check the last two digits of the title numberCheck the last two digits of the title number






5.5. Check the last two digits of the title Check the last two digits of the title number.number.

6.6. Check the initials and signatures of the Check the initials and signatures of the authorities.authorities.

Check the Signatures & Initials of the AuthoritiesCheck the Signatures & Initials of the Authorities


7. Take note that the titled property must be 7. Take note that the titled property must be covered by a covered by a Tax DeclarationTax Declaration. Check the . Check the records of the Assessor’s Office of the records of the Assessor’s Office of the province and municipality where the land province and municipality where the land is situated including payment of realty tax.is situated including payment of realty tax.

8. 8. A tracing-back of the title in the Office of A tracing-back of the title in the Office of the Register of Deeds is the best recourse.the Register of Deeds is the best recourse. (at least 3 trace back)(at least 3 trace back)

TRACE BACKTRACE BACK


7. Take note that the titled property must be 7. Take note that the titled property must be covered by a covered by a Tax DeclarationTax Declaration. Check the . Check the records of the Assessor’s Office of the records of the Assessor’s Office of the province and municipality where the land province and municipality where the land is situated including payment of realty tax.is situated including payment of realty tax.

8. A tracing-back of the title in the Office of 8. A tracing-back of the title in the Office of the Register of Deeds is the best recourse. the Register of Deeds is the best recourse. (at least 3 trace back)(at least 3 trace back)

9. 9. Be extra careful if there are blanks not Be extra careful if there are blanks not filled-up or are indicated with the initials filled-up or are indicated with the initials N.A.N.A., meaning, , meaning, NOT AVAILABLENOT AVAILABLE, on the , on the historical date of the title.historical date of the title.


10. Check the Enumeration Book or logbook 10. Check the Enumeration Book or logbook which contains information, among which contains information, among others, on the personnel assigned to others, on the personnel assigned to prepare the title on a certain date and prepare the title on a certain date and serial number of the judicial form used in serial number of the judicial form used in the preparation of the title, the preparation of the title, names of names of vendor and vendee,vendor and vendee, former title number, former title number, lot number, entry number, location of lot number, entry number, location of property, area square meter, selling prize property, area square meter, selling prize and new title numberand new title number..

B.B. Other Methods for Detecting Other Methods for Detecting Fake TitlesFake Titles

B.B. Other Methods for Other Methods for Detecting Fake TitlesDetecting Fake Titles

1.1. Acetate MethodAcetate Method

ACETATE METHODACETATE METHOD

OWNER’S DUPLICATEOWNER’S DUPLICATE ORIGINALORIGINAL

B.B. Other Methods for Other Methods for Detecting Fake TitlesDetecting Fake Titles

1.1. Acetate MethodAcetate Method

2.2. Light Exposure MethodLight Exposure Method

Light Exposure MethodLight Exposure Method

C.C. REGISTRATION REGISTRATION PROCEDURE IN GENERALPROCEDURE IN GENERAL

C.C. REGISTRATION REGISTRATION PROCEDURE IN GENERALPROCEDURE IN GENERAL

1.1. Entry of the document in the primary entry or day Entry of the document in the primary entry or day book, accompanied by all supporting documents book, accompanied by all supporting documents applicable to the transaction. applicable to the transaction. If the registrant is a If the registrant is a corporation, a Secretary’s Certificate confirming the corporation, a Secretary’s Certificate confirming the authority of the representative to act for and in authority of the representative to act for and in behalf of the corporation is required.behalf of the corporation is required.

2.2. Payment of the entry and registration fees.Payment of the entry and registration fees.

3.3. Surrender of the owner’s duplicate certificate and Surrender of the owner’s duplicate certificate and all co-owner’s duplicates if any had been issued.all co-owner’s duplicates if any had been issued.

4.4. Examination of the document, certificate of title and Examination of the document, certificate of title and supporting papers by a deeds examiner.supporting papers by a deeds examiner.

5.5. Review by the register of deeds of the action taken Review by the register of deeds of the action taken by the deeds examiner.by the deeds examiner.

6.6. Registration of the document or denial of its Registration of the document or denial of its registration by the register of deeds.registration by the register of deeds.

D.D. SYSTEMS OF TITLE SYSTEMS OF TITLE REGISTRATIONREGISTRATION

D.D. SYSTEMS OF TITLE SYSTEMS OF TITLE REGISTRATIONREGISTRATION

(1)(1)Torrens systemTorrens system

(2)(2)Registration system for unregistered Registration system for unregistered lands under Sec. 194 of the Revised lands under Sec. 194 of the Revised Administrative Code as amended by Act Administrative Code as amended by Act 3344, now covered by 3344, now covered by Section 113Section 113 of P.D. of P.D. 15291529. The third system before, which was . The third system before, which was known as the Spanish Mortgage Law known as the Spanish Mortgage Law system of Title Registration, has been system of Title Registration, has been abolished by the present Property abolished by the present Property Registration Decree.Registration Decree.

SECTION 113.SECTION 113. Recording of instruments relating to Recording of instruments relating to unregistered lands. x x x unregistered lands. x x x It shall be understood that It shall be understood that

any recording made under this section shall be any recording made under this section shall be without prejudice to a third party with a better without prejudice to a third party with a better right.”right.” (Italics supplied). (Italics supplied).

The words “The words “without prejudice to a third party with a better without prejudice to a third party with a better rightright” means that the mere registration of a sale in one’s ” means that the mere registration of a sale in one’s favor does not give him any right over the land if the favor does not give him any right over the land if the vendor was not anymore the owner of the land having vendor was not anymore the owner of the land having previously sold the same to somebody else even if the previously sold the same to somebody else even if the earlier sale was unrecorded. This is because the purchaser earlier sale was unrecorded. This is because the purchaser of unregistered land at a sheriff’s execution sale only of unregistered land at a sheriff’s execution sale only steps into the shoes of the judgment debtor, and merely steps into the shoes of the judgment debtor, and merely acquires the latter’s interest in the property sold as of the acquires the latter’s interest in the property sold as of the time the property was levied upon. Thus, the execution time the property was levied upon. Thus, the execution sale of the unregistered land in favor of a party is of no sale of the unregistered land in favor of a party is of no effect if the land no longer belonged to the judgment effect if the land no longer belonged to the judgment debtor as of the time of the said execution sale debtor as of the time of the said execution sale ((Radiowealth Finance Co. vs. Palileo, 1991, 197 SCRA 245, Radiowealth Finance Co. vs. Palileo, 1991, 197 SCRA 245, 249-250249-250 citing citing Carumba vs. Court of Appeals, Carumba vs. Court of Appeals, 1970, 31 1970, 31 SCRA 558).SCRA 558).

THANK YOU VERY THANK YOU VERY MUCH!!!MUCH!!!

presentation on detecting fake and spurious2

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