This case has been cited 1 times or more.
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2007-12-14 |
TINGA, J, |
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| SEC. 42. The certificate first registered in pursuance of the decree of registration in regard to any parcel of land shall be entitled in the registration book 'Original certificate of title, entered pursuant to decree of the Court of Land Registration, dated at' (stating time and place of entry of decree and the number of case). This certificate shall take effect upon the date of the transcription of the decree. Subsequent certificates relating to the same land shall be in like form, but shall be entitled 'Transfer from number' (the number of the next previous certificate relating to the same land), and also the words 'Originally registered' (date, volume, and page of registration.") With the plain language of the law as mooring, this Court in two vintage and sound rulings made it plain that the original certificate of title is issued on the date the decree of registration is transcribed. In the first ruling, it was held that there is a marked distinction between the entry of the decree and the entry of the certificate of title; the entry of the decree is made by the chief clerk of the land registration and the entry of the certificate of title is made by the register of deeds.[37] Such difference is highlighted by Sec. 31 of Act No. 496 as it provides that the certificate of title is issued in pursuance of the decree of registration. In the second, it was stressed that what stands as the certificate of the title is the transcript of the decree of registration made by the registrar of deeds in the registry.[38] | |||||