ANNOTATION

ANNOTATION FOR MORTGAGE, BAIL BOND, ENCUMBRANCES AND OTHER LIENS:

1.     MORTGAGE OR LEASE OF REGISTERED LAND:

Sec. 60 of PD-1529 (Amending and Codifying the Laws Relative to Registration of Property and for Other Purposes) Mortgages and leases shall be registered in the manner provided in Sec. 54 of this Decree.

2.     BAIL BOND:

Bail bond shall also be registered (at ROD) as a Lien under Sec. 44 of PD-1529.

Sec. 44 of PD-1529. Statutory liens affecting title. — Every registered owner receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances.

3.     ADVERSE CLAIM:

Sec. 70 of PD-1529. Adverse claim. — Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed.

The statement shall be signed and sworn to, and shall state the adverse claimant’s residence, and a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim on the certificate of title. The adverse claim shall be effective for a period of thirty days from the date of registration. After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest: Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant.

4.     NOTICE OF LIS PENDENS:

Sec. 76 of PD-1529. A memorandum or notices stating the institution of court action or proceedings pending in court together with the Writ of Execution thereof and the certificate of title number of the affected lands shall be filed and registered at the Registry of Deeds.

5.     POWER OF ATTORNEY:

Sec. 64 of PD-1529. Power of Attorney. — Any person may, by power of attorney, convey or otherwise deal with registered land and the same shall be registered with the Register of Deeds of the province or city where the land lies. Any instrument revoking such power of attorney shall be registered in like manner.

6.     ALL INTEREST:

Sec.54 of PD-1529. 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.

7.       ATTACHMENTS:

Sec. 69 of PD1529. Attachments. — An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land, shall be filed and registered in the Registry of Deeds for the province or city in which the land lies, and, in addition to the particulars required in such papers for registration, shall contain a reference to the number of the certificate of title to be affected and the registered owner or owners thereof, and also if the attachment, order, process or lien is not claimed on all the land in any certificate of title a description sufficiently accurate for identification of the land or interest intended to be affected. A restraining order, injunction or mandamus issued by the court shall be entered and registered on the certificate of title affected, free of charge.

8.     LIVING TRUST:

Sec. 65 of PD-1529. Trusts in registered land. — If a deed or other instrument is filed in order to transfer registered land in trust, or upon any equitable condition or limitation expressed therein, or to create or declare a trust or other equitable interests in such land without transfer, the particulars of the trust, condition, limitation or other equitable interest shall not be entered on the certificate; but only a memorandum thereof shall be entered by the words “in trust”, or “upon condition”, or other apt words, and by a reference by number to the instrument authorizing or creating the same. A similar memorandum shall be made upon the original instrument creating or declaring the trust or other equitable interest with a reference by number to the certificate of title to which it relates and to the volume and page in the registration book in which it is registered.

All of the above circumstances shall be annotated on the FAAS and Tax Declaration in pursuant to Sec.1.C.2.l of the Manual on Real Property Appraisal and Assessment Operations. A copy shall be retained as reference and file copy of the Assessor Office.

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