What’s the difference between Entry of Judgement and Certificate of Finality ?
Recently i encountered a friend who was selling their property which they had foreclosed on. Foreclosure procedure is the easy part as after a one year redemption period, the Title can be transferred already to the Mortgagor. However, the difficult part was getting possession of the property as that’s where the justice system is vague and getting a judgement ruled in one’s favor is at the mercy of several variables, unfortunately.
After four years of going thru the courts ( Court of Appeal and Supreme Court – was really unnecessary ), the WRIT OF POSSESSION was finally granted to the Seller and that’s the only time possession can be legally granted, either by force or in an amicable way !
Sometime ago, I had written a blog on getting an eTitle from the Land Registration Authority in order to secure one’s ownership of a property as after Quezon City Hall burnt in 1988, it created an opportunity for syndicates to produce FAKE TITLES !
Titles files in the Register of Deeds Quezon City at the time of the fire were either totally burnt or some where partially burnt. Property owners were then required to file for a RECONSTITUTION OF TITLE so new Titles can be issued ( reconstituted titles normally have the initial RT at the beginning of Title number ).
All reconstituted Titles were them stamped an annotation, Section 7 of the Republic Act 26. For those taking a bank loan to purchase a property, this annotation is considered by Banks as an encumbrance and must be removed judicially. Most owners don’t even realize such an annotation exist and that this must be removed in order to have a CLEAN TITLE ( actually a nuisance annotation as it’s really just a formality telling the general public that a said title has been Judicially been reconstituted . All that’s needed to cancel this annotation is to submit a petition and a Certificate of Finality which could be requested from the Clerk of Court.
Entry of Judgement : After a judgment has become final, it shall be entered in accordance with Rule 36.
Certificate of Finality : In Law, the concept that certain disputes must achieve a resolution from which no further appeal may be taken, and from which no collateral proceedings may be permitted to disturb that resolution. Finality is considered to be important because, absent this there would be no certainty as to the meaning of the law, or the outcome of any legal process.
The importance of Certificate of Finality is the source of the concept of res judicata- that the decisions of one court are settled law, and may not be retried in another case brought in a different court
Conclusion : A Certificate of Finality is necessary to cancel the annotation Sec 7 RA 26. Mere Entry of Judgement is insufficient to cancel the annotation !
As per Register of Deeds, cancellation of such an annotation would also vary if the Title was actually burnt during the Quezon City fire ( process takes longer ) and would be faster if it was only partially burnt ( a copy of title with title number and name intact ).
On another note, i will be doing another blog on a case study on what to do if your Title is lost by the Register of Deeds or you misplaced it. It makes a difference on who misplaces the Title, end result is complication on requirements needed and time it takes to release reconstituted title.
For further details, kindly consult a Real Estate Lawyer specializing in such a case or go to the Register of Deeds for verification.
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Robert G. Sarmiento Properties
Professional Affiliation :
Philippine Association of Real Estate Boards
Member, City of Taguig Real Estate Board 2016 – 2018
Real Estate Broker’s Association of the Philippines 2000 – 2015
President, Greenhills Chapter 2008, 2009
Philippine Association of Real Estate Boards
San Juan Mandaluyong Chapter 1998 -1999
PRC # 6569
PRC Lecturer’s License # 0294
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