I. Overview

In the Philippines, land is registered under the Torrens system. The Registry of Deeds (RD) is the office that keeps the original copy of the certificate of title and records all subsequent dealings affecting the land—sales, mortgages, liens, claims, court orders, and other encumbrances.

When you “annotate a claim or lien” on a land title, you are asking the RD to enter a memorandum on the title to give public notice that your right exists and must be respected by buyers, creditors, and other third persons.

This article explains, in Philippine context:

The legal bases for annotations
The different types of claims/liens that may be annotated
The general step-by-step process at the Registry of Deeds
Special procedures for common annotations (mortgage, adverse claim, lis pendens, levy, etc.)
The legal effect and cancellation of annotations

II. Legal Framework

Torrens System
- Governed mainly by Presidential Decree No. 1529 (Property Registration Decree).
- Titles are either Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT).
- The RD’s copy is the original; the owner’s duplicate is issued to the registered owner.
Key Concepts under PD 1529
- Section 51: Instruments affecting registered land take effect upon registration, not mere signing or notarization. Priority is generally by time of registration.
- Section 53–54: Registration of voluntary and involuntary dealings.
- Section 70: Adverse claim—a remedy for someone asserting a right adverse to the registered owner where no other clear registration mode is available.
- Section 76: Notice of lis pendens—for pending litigation involving title to or possession of real property.
Civil Code of the Philippines
- Recognizes real rights (ownership, usufruct, mortgage, easement, etc.) and obligations secured by real property.
- For land that is registered, the general rule is: no registration, no effect against third persons, even if valid between the parties.

III. What Is an Annotation on a Land Title?

A Torrens title has two main parts:

The primary entry (main page) – registered owner, technical description, area, etc.
The memorandum of encumbrances (back page(s)) – annotations like mortgages, liens, claims, court orders, easements, etc.

An annotation is a short summary (memorandum) entered by the RD, referencing:

Nature of the claim or lien (e.g., Real Estate Mortgage, Adverse Claim, Notice of Lis Pendens, Levy, etc.)
Parties involved
Date and time of entry (important for priority)
Document number, registration book and page, or entry number

This annotation appears on both:

The RD’s original copy of the title; and
The owner’s duplicate certificate of title (after processing).

IV. Types of Claims or Liens Commonly Annotated

Below are common dealings you may want to annotate:

A. Voluntary Encumbrances (Based on Agreement)

Real Estate Mortgage (REM)
- A borrower (mortgagor) mortgages land to secure a loan.
- The REM is a voluntary instrument, usually in a notarized deed, then registered and annotated.
Lease of Real Property (if over one year)
- Long-term leases may be annotated to bind future buyers.
Easements/Servitudes
- Right of way, drainage easement, etc., may be annotated so that subsequent owners are bound.
Restrictions/Conditions
- Subdivision restrictions, building restrictions, etc.

B. Involuntary Encumbrances (By Operation of Law or Court Order)

Adverse Claim (PD 1529, Sec. 70)
- Used when a person claims an interest adverse to the registered owner, and there is no other more appropriate registration mode.
- Example: buyer who paid full price under a contract to sell but title is still in the seller’s name and is at risk of being sold to someone else.
Notice of Lis Pendens (PD 1529, Sec. 76)
- Annotated when there is pending litigation involving title, ownership, or possession of the land.
- Alerts buyers/creditors that the land is embroiled in a case.
Notice of Levy / Attachment / Execution
- When a court or sheriff attaches or levies the property to secure or satisfy a judgment debt.
Tax Liens
- For unpaid real property taxes or other government tax claims recognized by law.
Other Statutory Liens
- E.g., homeowners’ association liens (if a statute or by-laws plus registration practice support annotation).

V. Choosing the Correct Remedy: Adverse Claim vs Lis Pendens vs Other Liens

Adverse Claim
- For private claims of title or interest that are not yet reflected in the title.
- The claimant usually is not the registered owner.
- Requires an Affidavit of Adverse Claim, notarized, placing in detail the basis of the claim.
- Under PD 1529, adverse claims are generally effective for a limited period (e.g., 30 days from registration), after which they may be cancelled or may require that the claimant file a case and register a notice of lis pendens. (Always verify the current practice and text of Sec. 70.)
Notice of Lis Pendens
- When a court case is already filed involving the land (e.g., annulment of title, specific performance for sale of land, reconveyance, ownership dispute).
- Requires a court-issued order or at least proof of pending case; practice varies by RD but generally they want the complaint and a court order or certification.
Levy/Attachment/Execution
- Used by a judgment creditor; based on a court order or writ issued by the court, implemented by the sheriff and then registered at the RD.
Mortgage or Contractual Lien
- If the parties agree to secure an obligation with the land, they must execute a Deed of Real Estate Mortgage and register it.

Choosing the correct instrument is essential: the RD can refuse annotation if the document doesn’t fit the legal category or if required elements are missing.

VI. General Requirements Before Going to the Registry of Deeds

Exact documentary requirements can vary by RD and by transaction, but common baseline requirements include:

Owner’s Duplicate Certificate of Title (OCT/TCT)
- Physical copy for annotation.
- If in co-ownership, ensure all co-owners are properly represented or consenting (unless lien is involuntary, like levy).
Original Instrument / Document to Be Annotated
- For voluntary dealings:
  - Notarized Deed of Mortgage, Lease, Easement Agreement, etc.
- For adverse claim:
  - Notarized Affidavit of Adverse Claim (with details required under PD 1529 and practice).
- For lis pendens:
  - Certified copies of the complaint and court order (or required court authorization).
- For levy/attachment/execution:
  - Original writ, sheriff’s return/notice of levy, and any required court documents.
Identification and Authority to Act
- Valid photo ID of appearing party.
- Special Power of Attorney (SPA) if a representative is transacting for the owner/claimant.
- If a corporation: Secretary’s Certificate, board resolution, or corporate authorization; and ID of representative.
Tax-Related Documents (where applicable)
- For creation of liens (mortgages, etc.) there may be Documentary Stamp Tax (DST) and other taxes/fees payable to the BIR or LGU.
- While some liens (like involuntary liens via court order) may not involve capital gains or similar taxes, DST is typically due on instruments like mortgages.
Other Supporting Documents
- Latest tax declaration (RDs sometimes require this, especially outside Metro areas).
- Registered Owner’s written consent if required (e.g., annotation requested by someone other than owner in certain voluntary transactions).
- Proof of payment of DST or registration fees if pre-paid via ePayment schemes (where available).

VII. General Step-by-Step Procedure at the Registry of Deeds

Procedural details can differ from RD to RD, but the typical flow is:

Prepare and Notarize the Instrument
- Ensure that the document clearly identifies:
  - OCT/TCT number, lot/plan number, location, area.
  - Complete names and details of parties.
  - Nature of the right or lien (e.g., REM, adverse claim, levy).
  - Amount secured or claimed, if applicable.
Gather Required Supporting Documents
- Owner’s duplicate title
- IDs, SPAs, corporate documents
- Tax payment or DST proof (if applicable)
- Court orders / writs / complaints (for lis pendens, levy, etc.)
Go to the Correct Registry of Deeds
- The RD where the property is located (as indicated in the title header).
Present Documents for Initial Evaluation
- Go to the Entry/Receiving Section.
- They check completeness and may ask you to fill out a Registration Information Sheet / RD form.
Entry in the Primary Entry Book / Day Book
- Once accepted, your documents are entered in a logbook or electronic system.
- You get an Entry Number and the date and time of presentation, which fixes your priority.
Assessment and Payment of Fees
- The RD assesses registration fees and other charges.
- Pay at the cashier, who issues an Official Receipt.
Processing and Annotation
- The RD examines the title and the instrument for:
  - Consistency of property description
  - Authority and capacity of parties
  - Compliance with law and circulars
- If in order, the RD annotates the RD’s original title, then annotates the owner’s duplicate or issues a new certificate if the transaction requires it (e.g., transfer plus lien).
Release of Owner’s Duplicate With Annotation
- After processing, you or your representative may claim the owner’s duplicate title already bearing the annotation.
- Double-check:
  - Correct spelling of names
  - Correct nature of annotation
  - Entry number and date

VIII. Specific Procedures for Common Annotations

A. Annotation of a Real Estate Mortgage

Document to Prepare
- Deed of Real Estate Mortgage, specific to the property, signed and notarized.
- Include:
  - OCT/TCT No., location, area
  - Loan amount and interest
  - Term and payment schedule
  - Statement that the land is given as security
Additional Requirements (Typically)
- Proof of payment of Documentary Stamp Tax (DST) on the mortgage.
- Tax declaration and/or tax clearances (as locally required).
- IDs and SPAs/board resolutions if corporate.
Registration
- Submit REM and owner’s duplicate to RD.
- Pay registration fees based on the amount secured.
- RD annotates the mortgage on the title as a lien in favor of the mortgagee.
Effect
- Mortgage becomes effective against third persons upon registration.
- Any buyer of the property takes it subject to the mortgage.

B. Annotation of an Adverse Claim

When to Use
- You claim a right or interest inconsistent with the registered owner’s title (or not yet reflected in it), and registration via ordinary conveyances is not possible or is being unjustly refused.
Document: Affidavit of Adverse Claim
- Must be notarized.
- Should contain, at minimum:
  - Full name and address of claimant.
  - Description of land (OCT/TCT number, location, area).
  - Exact nature of the claim (e.g., buyer who has fully paid; co-heir claiming share; holder of unregistered right).
  - Facts and legal basis of the claim.
  - Statement that claim is valid, subsisting, and adverse to the registered owner.
Procedure
- File the affidavit with the RD where title is registered.
- Present owner’s duplicate title if available; some RDs accept annotation even without it but will require notice to the registered owner.
- Pay the corresponding fee.
Effect and Duration
- Once annotated, the adverse claim alerts buyers and creditors that the claimant asserts a right to the property.
- Under PD 1529, adverse claims are effective only for a limited period, after which:
  - The annotation may be automatically cancelled; or
  - The claimant should have filed a court case and thereafter annotate a lis pendens to preserve effect.
- A registered owner may petition the court to cancel an unfounded adverse claim.

C. Annotation of a Notice of Lis Pendens

When to Use
- There is already a pending court case that directly involves:
  - Ownership, or
  - Possession, or
  - Some other real right affecting the property.
Documents
- Certified copy of the complaint or pleading initiating the action.
- Often a court order or written directive allowing or directing registration of lis pendens.
- Sometimes a separate Notice of Lis Pendens in proper form.
Procedure
- File at RD with the title and court documents.
- RD annotates “Notice of Lis Pendens” referencing the case number and court.
Effect
- Any person dealing with the land is deemed to have constructive notice of the pending litigation.
- A buyer after lis pendens annotation generally cannot be considered an innocent purchaser in good faith, since the case is of record.
Cancellation
- Typically upon:
  - Final judgment and corresponding court order; or
  - Court order cancelling lis pendens, e.g., if case is dismissed or if lis pendens is improper.

D. Annotation of Levy / Attachment / Execution

When to Use
- A court judgment creditor seeks to secure or satisfy a judgment using the debtor’s property.
Documents
- Writ of Attachment or Writ of Execution issued by the court.
- Sheriff’s Notice of Levy or similar document describing the property levied.
- Proof of service and other process documents as may be required.
Procedure
- Sheriff or creditor files the writ and notice with the RD.
- RD annotates on the title: “Levy/Attachment in favor of [creditor] under [case number, court].”
Effect
- The property becomes encumbered; purchasers and creditors are on notice that it is subject to the execution proceedings.
Cancellation
- Upon satisfaction of judgment, lifting order by the court, or discharge of levy, with proper documents filed and annotated.

E. Annotation of Tax Liens

Basis
- Arises from unpaid real property taxes or other taxes that, under law, become liens on the property.
Documents
- Issuance by the local government unit (LGU) or appropriate authority of a Notice of Tax Lien, warrant, or similar document.
Procedure
- LGU or BIR (as the case may be) lodges the document with RD.
- RD annotates tax lien on the title.
Effect
- Property is burdened with a superior claim in favor of the government for taxes due, often with preference over other creditors.

IX. Drafting Tips for Instruments and Affidavits

To minimize denial or re-work at the RD, ensure:

Complete Property Description
- TCT/OCT number
- Lot and block number
- Survey plan number
- Location (barangay, city/municipality, province)
- Area (square meters)
Parties Are Clearly Identified
- Names consistent with what appears in the title and IDs.
- Marital status and spouse’s name (if married), because of conjugal property issues.
Clear Statement of the Right or Lien
- “The mortgagor hereby mortgages the property to secure the obligation…”
- “The claimant asserts ownership over the subject property on the basis of…”
Proper Acknowledgment and Notarization
- Signed by all required parties.
- Notarized with complete details (venue, date, notary public, PTR, MCLE where applicable).

X. Common Objections or Reasons for Denial by the RD

You may encounter refusal or “hold” on registration when:

Document is Not in a Registrable Form
- Example: a simple letter, unsigned draft, or uncertified photocopy of a court decision.
Insufficient Legal Basis
- Attempting to annotate a “claim” that clearly should be a lis pendens or should be accompanied by a court order.
Property Description or Title Details Do Not Match
- Wrong title number, wrong name, or different property details from tax declaration.
Missing Mandatory Attachments
- No proof of tax or DST payment (where required).
- No SPA or board resolution for representative.
Title Already Cancelled or Superseded
- The title you’re presenting has already been cancelled and superseded by another TCT/OCT.

In such cases, the RD will usually indicate what must be corrected or completed.

XI. Legal Effect of Annotation

Constructive Notice
- Once recorded, the annotation is notice to the whole world. Buyers, creditors, and other third persons are deemed to have knowledge even if they never actually saw the title.
Priority of Rights
- Under PD 1529, priority is generally determined by date and time of registration.
- Example: Two mortgages over the same land—whoever gets registered first usually has priority, even if their document was signed later.
Effect on Innocent Purchasers in Good Faith
- A buyer who purchases land after a lien or claim is annotated is not considered in good faith as to that lien—because it is of record.
- Conversely, if a lien is not annotated, a later buyer who registers may, in some cases, be protected as a purchaser in good faith.

XII. Cancellation of Annotated Claims and Liens

Annotation is not always permanent. Cancellation requires:

For Mortgages
- Deed of Release / Cancellation of Mortgage, executed by the mortgagee and notarized.
- Registration of the release at RD, leading to annotation of cancellation.
For Adverse Claims
- Automatic cancellation after its statutory effective period (subject to current law and practice).
- Or court order cancelling the adverse claim (e.g., if declared unfounded).
- Registered owner may petition the proper court to cancel an unjustified adverse claim.
For Lis Pendens
- Court order cancelling lis pendens (e.g., after final judgment or dismissal of case).
- Registration of such order at RD to effect cancellation.
For Levy/Attachment/Execution
- Court order lifting levy or showing satisfaction of judgment, plus sheriff’s return.
- Registration of these documents to cancel the annotation.
For Tax Liens
- Certification from LGU/BIR that taxes have been paid and lien is satisfied.
- Registration of such discharge to cancel the lien annotation.

XIII. Special Notes on Unregistered Land

The system described above applies primarily to registered land (with OCT/TCT).
For unregistered land, rights are usually evidenced by tax declarations, deeds, and possession, and are outside the full Torrens system until the land is brought under registration (original registration or administrative titling).
Once the land is titled, subsequent dealings must be registered/annotated with the RD to affect third persons.

XIV. Practical Checklists

For a Creditor Wanting a Lien (Mortgage/Levy)

Confirm property is titled and get a certified true copy (CTC) of title.
Draft and notarize Deed of Mortgage or secure court writ and sheriff’s levy.
Pay appropriate DST and other taxes (if required).
Prepare IDs, SPAs, corporate documents as needed.
File at the correct Registry of Deeds, pay fees, and secure annotated title/CTC.

For a Private Claimant (Adverse Claim or Lis Pendens)

Assess whether your situation fits adverse claim, lis pendens, or another remedy.
Prepare Affidavit of Adverse Claim or file court case then prepare lis pendens documents.
Ensure property details and title number are accurate.
File at RD with title (if available), pay fees, and get copy of annotated title or CTC.

XV. Final Reminders

Annotation is not just a clerical act—it has major legal consequences for priority, validity, and enforceability of rights.
The correct choice of instrument (mortgage vs adverse claim vs lis pendens vs levy) is crucial.
Procedural rules, fees, and documentary requirements are subject to local practice, circulars, and amendments; always verify current RD requirements and, ideally, consult a lawyer for specific situations.

This framework should give you a solid understanding of how and why to annotate a claim or lien on a land title with the Registry of Deeds in the Philippine setting, and what to expect throughout the process.