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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Under RA 9048, as amended by RA 10172, a clerical error in the civil registry correcting an owner’s name is processed administratively. A parcel of land is titled under TCT No. T-500100 in the name of “Marcos L. Santos.” The civil registry records show the owner as “Marcos Santos” due to omission of the middle initial. A petition for correction is filed under RA 9048, as amended, and the PSA issues a corrected civil registry certificate reading “Marcos L. Santos.” The RTC did not order a separate correction; the correction is administrative. What steps must the Registry of Deeds take to reflect the corrected owner name in the land title (TCT No. T-500100)? Should the title be annotated or should a new TCT be issued, and what is the effect on third parties?

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The Registry of Deeds shall cancel TCT No. T-500100 and issue a new TCT in the corrected name “Marcos L. Santos”; the old title is voided and third parties are unaffected by the old entry. The Registry of Deeds must seek RTC approval before any update to the land title; the correction cannot be done administratively and the land title must be judicially amended. The Registry of Deeds shall issue a separate certificate of title in the corrected name and keep the old TCT as is; this creates two certificates of title for the same property and is not permitted. The Registry of Deeds shall annotate TCT No. T-500100 with a marginal note reflecting the corrected name “Marcos L. Santos” and attach the PSA-issued corrected civil registry certificate; no new TCT is issued; third parties receive constructive notice from the annotation.

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