April 11, 1978

MEMORANDUM

TO                :     All Regional Directors

SUBJECT    :      Procedures for replacement or cancellation of erroneous Certificates of Land Transfer (CLTs)

Attached are copies of Land Registration Commission (LRC) Circular No. 325 dated March 31, 1978 which supersedes LRC Circular No. 286 dated November 5, 1975 providing procedures for replacement a cancellation of erroneous Certificates of Land Transfer. Any documents (claim folders) that are being held due to this problem are to be coordinated with the Register of Deeds (ROD) office in order to facilitate compensation action.   aSTAHD

You are hereby directed to disseminate these procedures to your fieldmen and to instruct them to cooperate and assist the RODs in the implementation of this Circular.

FOR THE SECRETARY:

(SGD.) BENJAMIN R. LABAYEN, CESO I
Assistant Secretary

Attached: as stated

Copy furnished:

Land Bank of the Philippines Intramuros, Manila

ATTACHMENT

Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN

KOMISYON SA PATALAAN NG LUPAIN

(LAND REGISTRATION COMMISSION)

Lungsod ng Quezon

March 31, 1978

LRC CIRCULAR NO. 325

TO                :     All Registers of Deeds 

Pursuant to the request of the Regional Directors of the Department of Agrarian Reform and pending implementation of amended rules and regulations related to the replacement or cancellation of erroneous certificates of land transfer by said office, it is hereby directed that procedures as outlined below be followed in order to facilitate the payment of compensation to landowners who are affected by Presidential Decree No. 27:   DTEIaC

1.         The original and duplicate copies of the replacement of erroneous Certificates of Land Transfer will be transmitted directly to the Register of Deeds concerned who shall file them and shall notify the DAR Regional Coordinator that the said replacements are ready for distribution. Surrender of the previously issued Certificate of Land Transfer is not necessary before said replacement or cancellation can be made.

2.         In no case shall the Register of Deeds erase or cross out any annotation on the record book, the memorandum of encumbrances on the Torrens certificate of title and the erroneous Certificate of Land Transfer. Rather he shall make a memorandum of the replacement or cancellation in the record book, in the erroneous Certificate of Land Transfer and in the corresponding Torrens Certificate of Title. Such memorandum shall be dated and duly signed by the Register of Deeds. The memorandum on the erroneous Certificate of Land Transfer shall be as follows:

If replacement —

"REPLACED BY CLT DATED _________________________"

DATE: __________________

    _________________________

                                                     REGISTER OF DEEDS

 If cancellation —

"CANCELLED ON:           (DATE) ____________________

SEE BOOK NO. _________          PAGE NO. ___________

DATE: _________

                                            _________________________

                                                     REGISTER OF DEEDS

 3.         If the previously issued Certificate of Land Transfer on file in the Registry of Deeds has an encumbrance annotated thereon, the annotation shall be transferred to the replacement Certificate of Land Transfer and the lending agency shall be notified in writing to surrender within fifteen (15) days from receipt of notice the original copy of the Certificate of Land Transfer in its possession so that replacement can be accomplished.   aAHTDS

4.         Failure to surrender the original copy of the erroneous Certificate of Land Transfer by the lending agency in possession thereof after fifteen (15) days shall give authority to the Register of Deeds to enter the replacement or cancellation of the erroneous Certificate of Land Transfer in the record book, and upon such entry the original copy of the previously issued Certificate of Land Transfer shall be considered null and void. The Register of Deeds shall notify the lending agency of such fact.

5.         Registration of the replacement or cancellation of the erroneous Certificate of Land Transfer shall be exempt from all fees, premiums, and taxes in accordance with Presidential Decree No. 266.

This Circular supersedes LRC Circular No. 286 dated November 5, 1975.

(SGD.) SANTIAGO M. KAPUNAN
Acting Commissioner

CONCUR:

FOR THE SECRETARY

(SGD.) BENJAMIN R. LABAYEN, CESO I
Assistant Secretary
Department of Agrarian Reform