PRESIDENTIAL DECREE NO. 266, August 04, 1973

PROVIDING FOR THE MECHANICS OF REGISTRATION OF OWNERSHIP AND/OR TITLE TO LAND UNDER PRESIDENTIAL DECREE NO. 27.

Presidential Decrees August 4, 1973



WHEREAS, the present laws do not adequately provide for a
method of registering the ownership of tenant-farmers covered by Presidential
Decree No. 27; and

WHEREAS, there is urgent need of registering such rights to
prevent confusion in land titles;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, as amended, do hereby decree and order the registration of
said rights in the following manner:

SECTION 1. All Land Transfer Certificates issued pursuant to
Presidential Decree No. 27 shall be filed by the Department of Agrarian Reform
and recorded with the Land Registration Commission and forthwith the latter
shall transmit a copy thereof to the Register of Deeds of the province or city
where the land lies. When involving registered land, the Department of Agrarian
Reform shall indicate the number of the corresponding original or transfer
certificate of title.

Upon receipt of the copy of the Land Transfer Certificate, the Register of
Deeds concerned shall record it in the primary entry book and annotate a
memorandum thereof in the corresponding certificate of title covering the land,
without need of prior surrender of the owner’s duplicate certificate of title.
It shall be the duty of the Register of Deeds to notify the registered owner
concerned of such fact within a reasonable time. If the land involved is not
registered under the Torrens System, the Register of Deeds shall record the Land
Transfer Certificate in the primary entry book and in the registration book made
and provided for unregistered lands under Act 3344.

SEC. 2. After the tenant-farmer shall have fully complied
with the requirements for a grant of title under Presidential Decree No. 27, an
Emancipation Patent and/or Grant shall be issued by the Department of Agrarian
Reform on the basis of a duly approved survey plan.

If the land is previously registered under the Torrens System, the
Emancipation Patent and/or Grant, if filed with the Register of Deeds, shall
constitute conclusive authority for him to enter a transfer certificate of title
in accordance with such patent and/or grant: Provided, however, That
the Register of Deeds, before cancelling the original of the certificate of
title and issuing a new one in favor of the grantee, shall require the
registered owner or the party in possession thereof to surrender for
cancellation the owner’s duplicate within a reasonable period: And provided,
further,
That if the owner or party withholding such duplicate certificate
shall refuse or fail to surrender the same within thirty (30) days from and
after the date of receipt of the proper notice, the Register of Deeds shall be
authorized to cancel the original as well as the owner’s duplicate certificate
of title and issue in lieu thereof a new one, with the corresponding owner’s
duplicate, in favor of the grantee.

If the patent or grant affects unregistered lands previously recorded under
Section one, the filing of the Emancipation Patent and/or Grant with the
Register of Deeds for the province or city where the land is situated, shall
forthwith bring the land under the operation of Act 496, as amended, and the
same shall thenceforth be considered registered lands. It shall thus be the duty
of the Register of Deeds, after the entry of the patent and/or grant in the
corresponding registration book, to enter an original certificate of title for
such registered land, and issue an owner’s duplicate certificate to the
grantee.

SEC. 3. No fee, premium, or tax of any kind shall be charged
or imposed in connection with the issuance and registration of documents and
titles, nor shall postage dues and mailing charges be required in all matters
connected with the implementation of this Decree.

Done in the City of Manila, this 4th day of August, in the year of Our Lord,
nineteen hundred and seventy-three.

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) ROBERTO V. REYES  
  Assistant Executive Secretary