Remedies; Procedure; may appeal to the Court of Appeals within the period prescribed (Sec. 117, P.D. 1529).

Registration; Deed of Mortgage (1994)

Consulta (1994)

What is the procedure of consulta when an instrument is denied registration?

SUGGESTED ANSWER:

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 Registration.

• 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