SUBSEQUENT

REGISTRATION
SUBSEQUENT REGISTRATION
DEFINED

• a registration of any document affecting

the land pursuant to a voluntary or
involuntary dealing that was done after the
original registration of the title of the land
has been made.

• “Dealing” means any voluntary or

involuntary action taken affecting the land.
• Voluntary dealing: if the dealing is
with the consent of the parties
• Involuntary dealing: if the dealing is
without the consent or even against
the will of the other party.
KINDS OF DOCUMENTS:

1. VOLUNTARY: document executed by the

registered owner of his own free will. It is a
voluntary act and with his consent

2. INVOLUNTARY: document executed by

the person other than the registered
owner

- binds the property without the consent of, or

against the will of the registered owner
 VOLUNTARY VERSUS
INVOLUNTARY DOCUMENT
A. AS TO THE CONSENT OF THE PARTIES:

• V: there is agreement and consent of the parties

• I: no consent or even agains the will of the registered owner

B. AS TO THE REQUIREMENT IN REGISTERING SAID

DOCUMENT:

• V: necessary to present to the RD the notarised deed and

the Owner’s Certificate of Title

• I: not necessary to present the Owner’s Certificate of Title

C. AS TO TIME THE DOCUMENT IS CONSIDERED
REGISTERED:

• V: recording in the Day Book is not considered

registration if the Owner’s Certificate of Title is not
surrendered

• I: recording in the Day Book amounts to

registration even of the Owner’s Certificate of Title
is not surrendered.
• A voluntary or involuntary document or instrument
which has the effect of divesting ownership, once
filed for registration, may have the effect of
cancelling the existing title and will replace it with a
new title.

• If it does not divest ownership, in order to bind the

third party, the voluntary document must be
entered in the primary entry book and annotated at
the back of the title

• In the case of involuntary documents, entry in the

primary entry book is enough but it may still be
annotated at the back of the title, if available.
C. AS TO TIME THE DOCUMENT IS CONSIDERED
REGISTERED:

• V: recording in the Day Book is not considered

registration if the Owner’s Certificate of Title is not
surrendered

• I: recording in the Day Book amounts to

registration even of the Owner’s Certificate of Title
is not surrendered.
PRESENTATION OF THE
OWNER’S DUPLICATE OF TITLE

• First basic requirement for registration of a voluntary

document.

• Presentation is required because such certificate of title may

either be cancelled or such may be used to put the
annotation involving a transaction which does not divest
ownership.

• Presentation of owner’s duplicate as well as the deed of

conveyance is a conclusive authority from the registered
owner to the RD to cancel the old title and to issue a new one
AFTER REGISTRATION OF
INVOLUNTARY DOCUMENT
• Sec. 71: the RD shall within 36 hours from registration, send
notice by mail to the registered owner, stating that such
paper has been registered, and requesting him to send or
produce his duplicate certificate so that a memorandum of
the attachment or other lien may be made thereon.

• if owner neglects or refuses to comply within a reasonable

time, the RD shall report the matter to the court, and it shall,
after notice, enter an order to the owner, to produce his
certificate at a time and place named therein, and may
enforce the order by suitable process.
What is the remedy when there is a need to issue
new title by virtue of an involuntary document or
when the voluntary instrument cannot be registered
due to the failure or refusal to surrender the owner’s
duplicate copy?
SEC. 51, PRD

• Deed conveying the land must be:

1. in writing;

2. notarised;

3. registered to bind the third person

• In case of voluntary document, even if it is not
registered, it still conveys and affects the land as
far as the parties are concerned because
knowledge by the parties of said contract or
dealing is equivalent to registration.
• It is also deemed registered as far as the third
parties who have knowledge of the contract
because knowledge is equivalent to registration.
The voluntary dealing is considered registered
the moment it is entered or annotated in the
owner’s duplicate and on its original title.

Entry in the Day Book of a document or a

deed of sale without the presentation of the
owner’s duplicate for annotation of the
conveyance, does not have the effect of a
conveyance of the property.
 INSTANCE WHEN THE VOLUNTARY
DOCUMENT MAY ALSO BE CONSIDERED
REGISTERED

happens if the purchaser

has already complied
with all the requirements
for registration and what
is left to be done is
mechanical act on the
part of the RD if
inscribing the same in
the certificate of title.
• Requisites:

1. presented and filed the notarised deed of sale;

2. the same was entered in the Day Book;

3. he surrounded or presented the owner’s

duplicate;

4. paid full amount of the registration fee.

 BASIC DOCUMENTARY
REQUIREMENTS

1. O r i g i n a l o f t h e
deed/instrument
2. Certified copy of the
latest tax
declaration;
3. if titled, owner ’s
copy of the
certificate of title.