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The rationale for the prohibition, reiterated in a line of cases, first laid down in
Pascua v. Talensstates that x x x homestead laws were designed to distribute
disposable agricultural lots of the State to land-destitute citizens for their home and
cultivation. Pursuant to such benevolent intention the State prohibits the sale or
encumbrance of the homestead (Section 116, now Section 118) within five years
after the grant of the patent. x x x. It aims to preserve and keep in the family of the
homesteader that portion of public land which the State had gratuitously given to

The procedures of consulta when an instrument is denied registration are the
1) The Register of Deeds shall notify the interested party in writing, setting
forth the defects of the instrument or the legal ground relied upon for denying the
registration, and advising that if he is not agreeable to such ruling, he may, without
withdrawing the documents from the Registry, elevate the matter by Consulta to
the Administrator of the Land Registration Authority (LRA).2) Within five {5) days
from receipt of notice of denial, the party-in-interest shall file his Consulta with the
Register of Deeds concerned and pay the consulta fee.
3) After receipt of the Consulta and payment of the corresponding fee the
Register of Deeds makes an annotation of the pending consulta at the back of the
certificate of title.
4) The Register of Deeds then elevates the case to the LRA Administrator with
certified records thereof and a summary of the facts and issues involved.
5) The LRA Administrator then conducts hearings after due notice or may just
require parties to submit their memoranda.
6) After hearing, the LRA Administrator issues an order prescribing the step to
be taken or the memorandum to be made. His resolution in consulta shall be
conclusive and binding upon all Registers of Deeds unless reversed on appeal by
the Court of Appeals or by the Supreme Court. (Section 117, P.D. 1529).
The procedure of consulta is a mode of appeal from denial by the Register
of Deeds of the registration of the instrument to the Commissioner of Land
Within five days from receipt of the notice of denial, the interested party
may elevate the matter by consulta to the Commissioner of Land Registration

who shall enter an order prescribing the step to be taken or memorandum to

be made. Resolution in consulta shall be binding upon all Registers of Deeds
provided that the party in interest may appeal to the Court of Appeals within
the period prescribed (Sec. 117, P.D. 1529).

Yes, Rachelle's suit will prosper because all elements for an action for
reconveyance are present, namely:
a) Rachelle is claiming dominical rights over the same land.
b) Rommel procured his title to the land by fraud.
c) The action was brought within the statutory period of four (4) years from
discovery of the fraud and not later than ten (10} years from the date of
registration of Rommel's title.
d) Title to the land has not passed into the hands of an innocent purchaser for
Rommel can invoke the indefeasibility of his title if Rachelle had filed a
petition to reopen or review the decree of registration. But Rachelle instead filed an
ordinary action in personam for reconveyance. In the latter action, indefeasibility is
not a valid defense because, in filing such action, Rachelle is not seeking to nullify
nor to impugn the indefeasibility of Rommel's title. She is only asking the court to
compel Rommel to reconvey the title to her as the legitimate owner of the land.