PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES
REPUBLIC ACTS
AN ACT TO FURTHER AMEND SECTION
FIFTY-EIGHT OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, OTHERWISE
KNOWN AS THE LAND REGISTRATION ACT, AS AMENDED BY ACT NUMBERED FORTY
HUNDRED AND TWENTY-NINE, AND TO PROVIDE FOR OTHER PURPOSES
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Section 1. Section
fifty-eight of Act Numbered Four hundred and ninety-six, otherwise
known as The Land Registration Act, as amended by Act Numbered Forty
hundred and twenty-nine, is hereby further amended to read as
follows:
"Sec.
58. When a deed in fee is for a part only of the land
described in a certificate of title, or for one or more of the several
lots into which said land shall have been subdivided, the register of
deeds shall not enter the transfer certificate to the grantee until a
plan of such land showing all the portions or lots into which it has
been subdivided, and the technical description of each portion or lot,
have been verified and approved by the Director of Lands, but shall
only, upon written request of the party concerned, make a memorandum of
such deed of conveyance on the grantor's certificate of title and on
its owner's duplicate, said memorandum to serve only as a notice to
third parties of the fact that such portion or lot has been sold to the
person or persons named in said deed. Upon the approval of said plan
and technical descriptions a certified copy thereof shall be filed in
the office of the register of deeds and recorded in the corresponding
certificate of title, and thereupon the register of deeds shall after
entering the transfer certificate of title and issuing its owner's
duplicate to the grantee for the portion sold, also enter a new
certificate and issue an owner's duplicate to the grantor for the part
of the land not included in the deed: Provided, however, That if the
land has been subdivided into several lots, designated by numbers or
letters, the register of deeds may, if desired by the grantor, instead
of cancelling the latter's certificate and issuing a new one to the
same for the remaining unconveyed lots, enter on said certificate and
on its owner's duplicate a memorandum of such deed of conveyance and of
the issuance of the transfer certificate to the grantee for the lot or
lots thus conveyed, and that the grantor's certificate is cancelled as
to such lot or lots; and every certificate with such memorandum shall
be effectual for the purpose of showing the grantor's title to the
remainder of the land not conveyed as if the old certificate had been
cancelled and a new certificate of such land had been entered; and no
transfer certificate to a grantee for part only of the land shall be
invalid by reason of the non-issuance of a new certificate to the
grantor for the remaining unconveyed portion: Provided, further, That
when there is discrepancy between the subdivision plan and the original
plan, and in the opinion of the Director of Lands such discrepancy may
be prejudicial to an adjoining owner or other person having interest on
the adjoining land, the matter shall be reported to the Court of First
Instance of the province where the land lies, and the court, after
notice to all persons concerned and hearing, shall decide the case and
all questions arising in connection with such subdivision plan: And
provided, lastly, That after the annotation of the sale of a portion of
land on the grantor's certificate of title, as above authorized, no
subsequent deed or other voluntary instrument relative to the same
portion of land shall be accepted for registration or annotation until
the necessary subdivision plan and technical description of said
portion of land, as approved by the Director of Lands, shall have been
filed with the register of deeds, and the proper transfer certificate
of title shall have been entered in the name of the person executing
such deed or instrument."
Sec. 2. This Act shall take effect on its approval.
Approved: March 17, 1947
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