ALMIROL VS. REGISTER OF DEEDS OF AGUSAN (G.R. NO.

L-22486, MARCH 20, 1968)

Teodoro Almirol bought a parcel of land in Esperanza, Agusan from Arsenio Abalo.

Almirol then went to the Register of Deeds (ROD) of Agusan to have the Deed of Sale registered and to
secure a transfer certificate in his name. However, the ROD refused.

It was based on the ground that the said property was conjugal and it is necessary that both spouses sign
the document. However, since the wife was dead when the sale was made, the husband cannot dispose
the whole property without first liquidating and transferring it in his name and the heirs by means of
extrajudicial settlement. The consent of the heirs must also be procured.

Aggrieved, Almirol went to the RTC of Agusan to have the ROD be compelled to register the Deed of Sale
and issue the transfer certificate of title.

However, the RTC dismissed the petition saying that the adequate remedy is the one provided for under
Sec. 4 of RA 1151 – that is to submit and certify the question to the Commissioner of Land Registration.
Hence, petition.

ISSUE: Was the RTC correct?

RULING: Yes. But the ROD should have registered it still.

Whether a document is valid or not, is not for the ROD to determine; this function belongs properly to a
court of competent jurisdiction.

However, where any party in interest does not agree with the ROD, the question shall be submitted to
the Commissioner of Land Registration (Sec. 4, RA 1151).

The lower court’s resolution was affirmed.