CHAPTER VI

REGISTRATION OF
JUDGEMENTS, ORDERS
AND PARTITIONS
SEC. 78 JUDGEMENT FOR PLAINTIFF
 Whenever in any action to recover possession or
ownership of real estate or any interest therein
affecting registered land judgement is entered for the
plaintiff, such judgement shall be entitled to
registration on presentation of a certificate of the entry
thereof from the clerk of court where the action is
pending to the Register of Deeds for the province or
city where the land lies, who shall enter a
memorandum upon the certificate of title of the land to
which such judgement relates.
 If the judgement does not apply to all the land
described in the certificate of title, the certificate of
the clerk of the court where the action is pending and
the memorandum entered by the Register of Deeds
shall contain a description of the land affected by the
judgement.
- Shall entitled to registration upon presentation of
a certificate of entry from COC to the RD who shall
enter a memorandum upon the certificate of title
covering the land subject of the action

-if only a portion of the land described in the

certificate of title is affected by judgment the COC
shall contain a description of the portion involved.
 REGISTRATION – to appraise 3rd persons of the
status of the land affected by the judgement

 When RD is requested to enter new certificate of

title in pursuance of judgment-the owners
duplicate is not presented for cancellation the RD
shall not enter a new certificate but the person-
apply for petition –hearing- may order the RO or
any person withholding the duplicate to surrender
the same and direct the entry of new certificate of
title upon such surrender.
SEC. 79 JUDGMENT ADJUDICATING
OWNERSHIP
 When in any action to recover the ownership of real
estate or an interest therein execution has been issued
in favor of the plaintiff, the latter shall be entitled to
the entry of new certificates of title and to the
cancellation of the original certificate and owner’s
duplicate of the former registered owner.
 If the registered owner neglects or refuses within a
reasonable time after request of the plaintiff to
produce his duplicate certificate in order that the same
may be cancelled, the court shall, on application and
after notice, enter an order to the owner to produce his
certificate at the time and place designated, and may
enforce the order by suitable process.
-the adjudicatee shall be entitled to the issuance
of a new certificate of title upon cancellation of
the title of the preceding answer.

-if the owner neglects or refuses to produce his

owners duplicate certificate for cancellation by
RD, the court on application and notice, enter an
order to the owner to produce said owners
duplicate at the time and place designated and
may enforce the suitable process.
SEC. 80 EXECUTION OF DEED BY VIRTUE OF
JUDGEMENT
 Every court rendering judgement in favor of the plaintiff
affecting registered land shall, upon petition of the said
plaintiff, order any parties before it to execute for
registration any deed or instrument necessary to give
effect to the judgement, and shall require the registered
owner to deliver his duplicate certificate to the plaintiff
or to the Register of Deeds to be cancelled or to have a
memorandum annotated upon it.
 In case the person required to execute any deed or other
instrument necessary to give effect to the judgement is
absent from the Philippines, or is a minor, or insane, or
for any reason not amenable to the process of the court
rendering the judgement, said court may appoint a
suitable person as trustee to execute such instrument
which, when executed, shall be entitled to registration.
-the court shall direct the parties to execute the
requisite deed or instrument to give effect to the
judgment for registration

-direct the registered owner to surrender his owner’s

duplicate certificate of title for cancellation or entry
of the appropriate memorandum
-the person is absent from the Philippines, is a
minor or insane, or is not amenable to the process
of the court, the court may appoint a suitable
person as trustee to execute such deed or
instrument which shall be entitled to registration.

-the recording of the proper deed or instrument is

designed to prevent fraud and permit the public to
act with the presumption that the recorded deed or
instrument exists and is genuine.
SEC. 81 JUDGEMENT OF PARTITION

 In proceedings for partition of registered

land, after the entry of the final judgement of
partition, a copy of such final judgement,
certified by the clerk of court rendering the
same, shall be filed and registered;
thereupon, if the land is set-off to the owners
in severalty, each owner shall be entitled to
have his certificate entered showing the share
set off to him in severalty, and to receive an
owner’s duplicate thereof.
 If the land is ordered by the court to be sold, the purchaser or his assigns
shall be entitled to certificate of title entered in his or their favor upon
presenting a certified copy of the judgement confirming the sale.
 In case the land is ordered by the court to be assigned to one of the
parties upon payment to the others of the sum ordered by the court, the
party to whom the land is thus assigned shall be entitled to have a
certificate of title entered in his favor upon presenting a certified copy of
the judgment: Provided, however, that any new certificate entered in
pursuance of partition proceedings, whether by way of set-off or of
assignment or of sale, shall contain a reference memorandum to the final
judgment of partition, and shall be conclusive as to the title to the same
extent and against the same persons as such judgment is made
conclusive by the laws applicable thereto: and provided, further, that any
person holding such certificate of title or a transfer thereof shall have
the right to petition the court at any time to cancel the memorandum
relating to such judgment or order and the court, after notice and
hearing, may grant the petition. Such certificate shall thereafter be
conclusive in the same manner and to the same extent as other
certificates of title.
-PARTITION – is the separation, division and
assignment of a thing held in common among those
to whom it may belong
An action for partition- (presents two issues):
1. whether the plaintiff is indeed a co-owner of
the property sought to be partitioned;
2. how the property is to be divided between the
plaintiff and the defendants, that is, to what portion
should go to which co-owner.
 After judgment is rendered:
-the property in question shall be divided
among the parties:
1. If
the parties agree among themselves;
partition can be made
2. If
the parties unable to agree; the court shall
by order appoint not more than three (3)
commissioners to make partition and to set
off.
 JUDICIAL PARTITION:
- An action for partition of real property, is a
judicial controversy between persons who, being
owners or co-parceners, seek to secure division or
partition among them of the common property,
giving to each one the part corresponding to him.
 EXTRAJUDICIAL PARTITION
- if the decedent left no will and no debts and the
heirs are all of age, or the minors are represented
by their judicial or legal representatives duly
authorized for the purpose, the parties may, without
securing letters of administration, divide the estate
among themselves as they see fit by means of a
public instrument filed in the office of the Register
of Deeds and should they disagree, they may do so
in an ordinary action for partition.
 Action for Partition: IMPRESCRIPTIBLE
- Art 494 Civil Code states “No co-
owner shall be obliged to remain in the
co-ownership”

Exception:
- when one of the co-owners has
possessed the property as exclusive
owner and for a period sufficient to
acquire it by prescription.
 Proof of Partition:
- it has been held that recitals in deeds,
possession and occupation of land, improvements
made thereon for a long series of years and
acquiescence for 60 years, furnish sufficient
evidence that there was an actual partition of land
either by deed or by proceedings in the probate
court, which had been lost and were not recorded
SEC. 82 REGISTRATION OF PRIOR
REGISTERED MORTGAGED OR LEASE ON
PARTITIONED PROPERTY

 If a certified copy of a final judgment or decree of partition is

presented and it appears that a mortgage or lease affecting a
specific portion or an undivided share of the premises had
previously been registered, the Register of Deeds shall carry
over such encumbrance on the certificate of title that may be
issued.
SECTION 83. NOTICE OF
INSOLVENCY
 Whenever proceeding in bankruptcy or insolvency, or analogous
proceedings, are instituted against a debtor who owns
registered land, it shall be the duty of the officer serving the
notice of the institution of such proceedings on the debtor to
file a copy thereof with the office of the Register of Deeds for
the province or city where the land of the debtor lies. The
assignee or trustee appointed by the court in such proceedings
shall be entitled to the entry of a new certificate of the
registered land of the debtor or bankrupt, upon presenting and
filing a certified copy of the assignment in insolvency or order
or adjudication in bankruptcy with the insolvent's or bankrupt's
duplicate certificate of title; but the new certificate shall state
that it is entered to him as assignee in insolvency or trustee in
bankruptcy or other proceedings, as the case may be.
 Insolvency proceedings and settlement of a
decedents estate are both proceedings in rem
which are binding against the whole world.

 POWERs OF THE ASSIGNEE:

- is to sue and recover all the estate, assets,
debts, and claims, belonging to or due to such
debtor except property exempt by law from
execution, whether attached or delivered to him,
or afterwards discovered.
SECTION 84. JUDGMENT OR ORDER
VACATING INSOLVENCY
PROCEEDINGS.
 Whenever any of the proceedings of the character
named in the preceding section against a registered
owner, of which notice has been registered, is vacated
by judgment, a certified copy of the judgment or order
may be registered. Where a new certificate has been
entered in the name of the assignee or trustee, such
certificate shall be surrendered for cancellation and
forthwith the debtor shall be entitled to the entry of a
new certificate to him.
SECTION 85. LAND TAKEN BY
EMINENT DOMAIN
 Whenever any registered land, or interest therein, is expropriated
or taken by eminent domain, the National Government, province,
city, municipality, or any other agency or instrumentality exercising
such right shall file for registration in the proper Registry a
certified copy of the judgment which shall state definitely, by an
adequate description, the particular property or interest
expropriated, the number of the certificate of title, and the nature
of the public use. A memorandum of the right or interest taken
shall be made on each certificate of title by the Register of Deeds,
and where the fee simple title is taken, a new certificate shall be
issued in favor of the National Government, province, city,
municipality, or any other agency or instrumentality exercising
such right for the land so taken. The legal expenses incident to the
memorandum of registration or issuances incident to the
memorandum of registration or issuance of a new certificate shall
be for the account of the authority taking the land or interest
therein.
 EMINENT DOMAIN:
- ultimate right if the sovereign power to
appropriate any property within its territorial
sovereignty for a public purpose.
- inherent power of the State that enables it to
forcibly acquire private lands intended for public
use upon payment of just compensation to the
owner.

Requirements:
1. public use
2. just compensation
PUBLIC USE
- synonymous with public interest, public benefit, public welfare
and public convenience. There must be genuine necessity for
taking.

PAYMENT OF JUST COMPENSATION

- when the following occur:
1. the expropriator must enter a private property
2. the entry must be for more than a momentary period
3. the entry must be under warrant or color of legal authority
4. the property must be devoted to public use or otherwise
informally appropriated or injuriously affected
5. the utilization of the property for public use must be to oust
the owner and deprive him of beneficial enjoyment of the property.
SECTION 86. EXTRAJUDICIAL
SETTLEMENT OF ESTATE.
 When a deed of extrajudicial settlement has been duly
registered, the Register of Deeds shall annotate on the
proper title the two-year lien mentioned in Section 4 of
Rule 74 of the Rules of Court. Upon the expiration of the
two-year period and presentation of a verified petition by
the registered heirs, devisees or legatees or any other
party in interest that no claim or claims of any creditor, heir
or other person exist, the Register of Deeds shall cancel the
two-year lien noted on the title without the necessity of a
court order. The verified petition shall be entered in the
Primary Entry Book and a memorandum thereof made on
the title.
 No deed of extrajudicial settlement or
affidavit of adjudication shall be registered
unless the fact of extrajudicial settlement or
adjudication is published once a week for
three consecutive weeks in a newspaper of
general circulation in the province and proof
thereof is filed with the Register of Deeds.
The proof may consist of the certification of
the publisher, printer, his foreman or principal
clerk, or of the editor, business or advertising
manager of the newspaper concerned, or a
copy of each week's issue of the newspaper
wherein the publication appeared.
SECTION 87. FILING OF LETTERS OF
ADMINISTRATION AND WILL.
 Before the executor or administrator of the
estate of a deceased owner of registered land
may deal with the same, he shall file with the
office of the Register of Deeds a certified copy
of his letters of administration or if there is a
will, a certified copy thereof and the order
allowing the same, together with the letters
testamentary or of administration with the will
annexed, as the case may be, and shall
produce the duplicate certificate of title, and
thereupon the Register of Deeds shall enter
upon the certificate a memorandum thereof,
making reference to the letters and/or will by
their file number, and the date of filing the
No person is competent to serve as executor or
administrator who:

1. is a minor
2. is not a resident of the Philippines; and
3. is in the opinion of the court unfit to execute
the duties of the trust.
 When a will has been proved and allowed, the
court shall issue letters testamentary thereon to
the person named as executor therein, if he is
competent, accepts the trust and gives bond as
required by the Rules.
If no executor is named in the will or the
executors are incompetent, refuse the trust or
fail to give bond, or a person dies intestate,
administration shall be granted:
1. to the surviving husband and wife
2. to one or more of the principal creditors, if
competent and willing to serve.
3. if there is no such creditor competent and
willing to serve, it may be granted to such other
person as the court may select.
SECTION 88. DEALINGS BY
ADMINISTERING SUBJECT TO COURT
APPROVAL.

 After a memorandum of the will, if any, and order

allowing the same, and letters testamentary or
letters of administration have been entered upon
the certificate of title as hereinabove provided,
the executor or administrator may alienate or
encumber registered land belonging to the
estate, or any interest therein, upon approval of
the court obtained as provided by the Rules of
Court.
SECTION 89. LAND DEVISED TO
EXECUTOR.
 When it appears by will, a certified copy of which
with letters testamentary had already been filed
as provided in this Decree, that registered land is
devised to the executor to his own use, or upon
some trust, the executor may have the land
transferred to himself upon the register in like
manner and subject to like terms and conditions
and to like rights as in the case of a transfer
pursuant to a deed filed in the office of the
Register of Deeds.
SECTION 90. WHEN EXECUTOR
EMPOWERED BY WILL TO SELL, ETC.
 When the will of a deceased owner of registered
lands, or an interest therein, empowers the
executor to sell, convey, encumber, charge or
otherwise deal with the land, a certified copy of
the will and letters testamentary being filed as
provided in this Decree, such executor may sell,
convey, encumber, charge or otherwise deal
with the land pursuant to the power in like
manner as if he were registered owner, subject
to the terms and conditions and limitations
expressed in the will.
Regulations for granting authority sell,
mortgage or encumber estate:
1. the executor or administrator shall file a
written petition setting forth the debts due from
the deceased, the expenses of administration,
the legacies, the value of the personal estate,
the situation of the estate to be sold, mortgaged
or otherwise encumbered and such other facts
as show that sale, mortgage or other
encumbrance is necessary or beneficial
2. The court shall thereupon fix a time and place
for hearing such petition and cause notice
stating the nature of the petition, the reason for
the same and the time and place of hearing, to
be given personally or by mail to the persons
interested and may cause such further notice to
be given, by publication or otherwise as it shall
deem proper.
3. If the court requires it, the executor or
administrator shall be given an additional
bond, in such sum as the court directs,
conditioned that such executor or
administrator will account for the proceeds
of the sale, mortgage or other
encumbrance.
4. If the requirements in the preceding
subdivisions of this section have been complied
with, the court, by order stating such
compliance, may authorize the executor or
administrator to sell, mortgage or otherwise
encumber, in proper cases, such part of the
estate as is deemed necessary and in case of
sale the court may authorize it to be public or
private, as would be most beneficial to all parties
concerned. The executor or administrator shall
be furnished with a certified copy of such order.
5. If the estate is to be sold at auction,
the mode of giving notice of the time and
place of the sale shall be governed by
the provisions concerning notice of
execution sale
6. There shall be recorded in the
Registry of Deeds of the province in
which the real estate thus sold,
mortgaged, or otherwise encumbered is
situated, a certified copy of the order of
the court, together with the deed of the
executor or administrator for such real
estate, which shall be as valid as if the
deed had been executed by the deceased
in his lifetime.
SECTION 91. TRANSFER IN
ANTICIPATION OF FINAL
DISTRIBUTION.
 Whenever the court having jurisdiction of the testate or
intestate proceedings directs the executor or
administrator to take over and transfer to the devisees or
heirs, or any of them, in anticipation of final distribution a
portion or the whole of the registered land to which they
might be entitled on final distribution, upon the filing of a
certified copy of such order in the office of the Register of
Deeds, the executor or administrator may cause such
transfer to be made upon the register in like manner as in
case of a sale, and upon the presentation of the owner's
duplicate certificate to the Register of Deeds, the
devisees or heirs concerned shall be entitled to the
issuance of the corresponding certificates of title.
SECTION 92. REGISTRATION OF
FINAL DISTRIBUTION OF ESTATE.
 A certified copy of the partition and distribution, together
with the final judgment or order of the court approving the
same or otherwise making final distribution, supported by
evidence of payment of estate taw or exemption
therefrom, as the case may be, shall be filed with the
Register of Deeds, and upon the presentation of the
owner's duplicate certificate of title, new certificates of
title shall be issued to the parties severally entitled
thereto in accordance with the approved partition and
distribution.