CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND

Operative Act – registration by owner; deed not registered – binding only

between parties

Process of Registration:

1. File instrument creating or transferring interest and certificate of title

with Register of Deeds
2. Owner’s duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer – 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of
title, signed by him
7. Issue TCT

Voluntary dealings

 Need to present title – to record the deed in registry & to make

memorandum on title.
(https://lawphilreviewer.wordpress.com/2014/07/31/civil-law-land-
titles-memory-aid/, December 7, 2020.)

PROCEDURE IN CASE OF DOUBTFUL REGISTRATION

Doubtful registration shall be submitted to LRA Administrator for resolution

via consulta.

WHEN TWO INSTRUMENTS INVOLVE THE SAME LAND

The general rule is that where to certificates of title are issued to different
persons covering the same land in whole or part, the earlier in date must
prevail as between the original parties, and in case of successive
registration where more than one certificate is issued over the land, the
person holding under the prior certificate is entitled to the land against the
person who relies on the second certificate.
 GOOD FAITH ALWAYS PRESUMED; EXCEPTION

The settled rule is bad faith should be established by clear and convincing
evidence since the law always presumes good faith. (Spouses Espinoza
vs. Spouses Mayondoc, G.R. No. 211170, July 3, 2017. Thus, the
exception of said presumption is bad faith.