Sunday, February 13, 2011

Electronic Registration of Land Titles, Deeds, Chattel Mortgages

Implementing Guidelines on Electronic Registration of Chattel Mortgage and Other Personal Properties

REPUBLIKA NG PILIPINAS
KAGAWARAN NG KATARUNGAN
PANGASIWAAN SA PATALAAN NG LUPAIN
(LAND TRANSPORTATION AUTHORITY)
East Avenue cor. NIA Road Quezon City

AMENDMENTS TO THE IMPLEMENTING GUIDELINES ON ELECTRONIC REGISTRATION OF CHATTEL MORTGAGE AND OTHER PERSONAL PROPERTIES, ELECTRONIC RECORDING OF TRANSACTIONS ON UNREGISTERED LAND, AND ELECTRONIC REGISTRATION OF LAND TITLES AND DEEDS


RULE I
DENERAL PROVISIONS

1. Purpose. This is promulgated for the purpose of amending Rule IV of the Implementing Guidelines on Electronic Registration of Chattel Mortgage and Other Personal Properties, which was published on January 17, 2009; Rule IV of the Implementing Guidelines on Electronic Recording of Transaction on Unregistered Land, which was published on January 17, 2009; and Rule XIII of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds, which was published on July 5, 2009, Further, this is promulgated for the purpose of prescribing rules and procedures for the implementation and use of the Philippine Land Registration and Information System for the issuance of certified true copies of Certificates of Title and documents, which are registered/recorded in another office of the Land registration Authority (i.e. Registry of Deeds of the Central Office).

2. Legal Basis. Act 496 otherwise known as "The land Registration Act of 1903", Presidential Decree No. 1529 otherwise known as "The Property Registration Decree", The New Civil Code, Republic Act No. 26, Republic Act No. 4726 otherwise known as "The Condominium Act", Republic Act No. 8792 otherwise known as the "E-Commerce Act", and Republic Act No. 7718 otherwise known as "The Philippines BOT Law", Republic Act No. 6732, Republic Act No. 6657, and such other laws as may be applicable.

3. Coverage. This shall amend Rule IV of Implementing Guidelines on the Electronic Registration of Chattel Mortgage and Other Personal Properties. Rule IV of Implementing Guidelines on Electronic Recording of Transactions on Unregistered Land, and Rule XIII of Implementing Guidelines of Electronic Registration of Land Titles and Deeds; and shall cover the adoption and implementation of the new process and procedure for the issuance of certified true copies of Certificates of Title and documents which are registered/recorded in another office of the Land Registration Authority (i.e. Registry of Deeds or the Central Office).

4. Definition of Terms. For purposes of this Implementing Guidelines, the following terms or words and phrases shall mean or be understood as follows:

a. Office/s of the Land Registration Authority - shall mean any and, collectively, all of the following:

i. a Registry of Deeds office;

ii. the Central Office; and

iii. other offices that may be authorized by LRA to carry out the functions of the Agency.

All other terms or words and phrase herein indicated shall have the same meanings as ascribed in the implementing Guidelines subject of this Amendment.

RULE II
AMENDED PROCEDURES FOR THE ISSUANCE OF CERTIFIED TRUE COPIES OF CERTIFICATES OF TITLE AND DOCUMENTS

5. Request for Certified True Copies of Titles and documents. Any application for certified true copies may be made by the client. However, a request may be denied issuance on reasonable grounds when it affects public interest. Furthermore, the issuance of Certified true Copies of Certificates of Title shall not be allowed if the requested title is subject of an ongoing transaction. Processing of the request may commence after transaction is released.

6. Issuance of Certified True Copies. The following procedures for the issuance of certified true copies of Certificates of Title and documents shall be observed;

a. Upon receipt of a request, duly authorized for the purpose, for a certified true copy of a specific Certificate of Title or document, the receiving clerk shall enter such request in the Certified true Copy, Certification, and Verification (CCV) Book, wherein such request shall be given a reference number. It shall also record the date and time when such request is made.

b. The PHILARIS shall check the database for the existence of the Certificate of Title or document requested and assess the applicable fees.

c. The client shall pay the applicable fees before the request is proceed.

d. The Records Officer or the authorized approving officer shall process the request, and shall certify using his electronic signature that the printed output is a true electronic copy of the certificate of title or document.

e. A signature shall not be required on the printed certified true copy. The electronically-issued certified true copies shall contain the following notations:

"It is hereby certified that this is a true electronic copy of the document on file in registry of deeds of , which consists of page(s).

This is a system generated Certified True Copy and does not require a manually-affixed signature.

Issued at ."

f. The certified true copy shall be released to the client who shall sign the acknowledgment slip generated by the system.

RULE III
ISSUANCE OF CERTIFIED TRUE COPIES OF CERTIFICATES OF TITLE AND DOCUMENTS LOCATED IN ANOTHER LRA OFFICE

7. Request for Certified true Copies of Titles and Documents kept in another LRA Office. A client may apply with an LRA Office for certified true copies of Certificates of Title or documents kept in another LRA office, subject to the availability of the facility. Request may be made in the Registry of deeds, an authorized office, and the Central Office. However, issuance of Certified true Copies of Certificates of Title shall not be allowed if the requested title is subject of an ongoing transaction. Processing of the request may commence after the transaction is released.

8. Issuance of Certified True Copies. The following procedures for the issuance of certified true copies of certificates of Titles and documents kept in another LRA Office shall be observed:

a. Upon receipt of a request, duly authorized for the purpose, for a certified true copy of a specific Certificate of Title or document, the receiving clerk shall enter such request in the Certified true Copy, Certification, and verification (CCV) Book, wherein such request shall be given a reference number. It shall also record the date and time when such request is made.

b. The PHILARIS shall check the database for the existence of the certificates of Title or documents requested, and assess the applicable fees.

c. The client shall pay the applicable fees before the request is processed.

d. The records Officer or the authorized approving officer shall process the request, and shall certify using his electronic signature that the printed output is a true electronic copy of the Certificates of Title and documents.

e. For request of Certificates of Title and documents issued using the PHILARIS, the records officer or the authorized approving officer shall make a direct print and documents from the system using the database in the IMC Data Center.

f. For request of Certificates of Title and documents issued prior to the use of the PHILARIS, the records Officer shall check the title in the database and the original copy of the title in the vault, if the request is for a Certificate of Title, and shall certify using his electronic signature, that the physical title and its corresponding image in the database are the same.

g. A signature shall not be required on the printed certified true copies. For electronically issued certified true copies of Certificates of Title and documents on file in the RDs. the same shall contain the following notation:

"It is hereby certified that this is a true electronic copy of the document on file in Registry of Deeds of , which consists of page(s).

This is a system-generated Certified True Copy and does not require a manually-affixed signature.

Issued at ."

h. A signature shall not be required on the printed certified true copies. For electronically-issued certified true copy of documents on file in the Central Office, the same shall contain the following notation:

"It is hereby certified that this is a true electronic copy of the document on file in the LRA Central Office which consists of page(s).

This certification is electronically signed by , who is the authorized officer, and does not require a manually-affixed signature."

i. The certified true copy shall released to the client who shall sign the acknowledgment slip generated by the system.

j. Request for a certified true copy of a specific Certificate of Title or document may be denied issuance on reasonable grounds when it affects public interest.

RULE IV
VALIDITY OF ISSUED CERTIFIED TRUE COPIES

9. Use of Controlled Forms. All certified true copies for LRA Offices using the PHILARIS shall be printed on officially-prescribed controlled form.

10. System-generated Certified True Copies. Once an LRA Office is ordered to exclusively use the computerized system for the issuance of certified true copies of Certificates of Title and documents on file, only certified true copies issued in such offices using PHILARIS shall be deemed as validity-issued certified true copies and shall be afforded the legal protection of an electronic document.

RULE V
FINAL PROVISIONS

11. Amendment. This Implementing Guidelines may be amended by the agency from time to time.

12. Notice. The LRA shall notify the public by publication in the official LRA website as to the appropriate forms and documents issued under the new system.

13. Separability Clause. If any provision in this Implementing Guidelines, or application of such provision to any circumstances, is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

14. Repeating Clause. All orders, guidelines, circulars, rules and regulations inconsistent herewith are hereby repealed or amended accordingly.

15. Effectivity. This Implementing Guidelines shall take effect immediately upon approval and publication in a newspaper of general circulation.


Done in Quezon City this 5th day of January in the year of our Lord. Two Thousand and Eleven.


APPROVED BY:


EULALIO C. DIAZ III
Administrator


Source: The Lawphil Project - Arellano Law Foundation

1 comment:

  1. Hi there! glad to drop by your page and found these very interesting and informative stuff. Thanks for sharing, keep it up!

    - electronic signature

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