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    The Registry of Property records acts and contracts related to ownership and rights of immovable property. It includes books registering these transactions and the office and officials involved. Previous systems included the Spanish Mortgage Law and Torrens System, while the current system is the Property Registration Decree. Registration aims to provide notice of property status, prevent fraud, and affect priority of rights. While registration provides constructive notice, it does not validate defective titles or vest ownership. Non-registration does not prejudice third parties not involved in the transaction. Registration is useless if the deed is insufficient, forged, or from an invalid judicial sale. The registry books are public for those with a legitimate interest, and the Register of Deeds' role is ministerial in

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    Registry of property notes

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    The Registry of Property records acts and contracts related to ownership and rights of immovable property. It includes books registering these transactions and the office and officials involved. Previous systems included the Spanish Mortgage Law and Torrens System, while the current system is the Property Registration Decree. Registration aims to provide notice of property status, prevent fraud, and affect priority of rights. While registration provides constructive notice, it does not validate defective titles or vest ownership. Non-registration does not prejudice third parties not involved in the transaction. Registration is useless if the deed is insufficient, forged, or from an invalid judicial sale. The registry books are public for those with a legitimate interest, and the Register of Deeds' role is ministerial in

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    16 views2 pages

    Registry of Property Notes

    Uploaded by

    SZ
    The Registry of Property records acts and contracts related to ownership and rights of immovable property. It includes books registering these transactions and the office and officials involved. Previous systems included the Spanish Mortgage Law and Torrens System, while the current system is the Property Registration Decree. Registration aims to provide notice of property status, prevent fraud, and affect priority of rights. While registration provides constructive notice, it does not validate defective titles or vest ownership. Non-registration does not prejudice third parties not involved in the transaction. Registration is useless if the deed is insufficient, forged, or from an invalid judicial sale. The registry books are public for those with a legitimate interest, and the Register of Deeds' role is ministerial in

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    REGISTRY OF PROPERTY

    Registry of property
    The Registry of Property has for its object the inscription or annotation of acts and
    contracts relating to the ownership and other rights over immovable property.

    Register
    It may refer to the:
    (a) Act of recording or annotating
    (b) Book of registry
    (c) Office concerned
    (d) Official concerned

    Systems of registration:
    1. Former systems:
    a. Spanish Mortgage Law of 1893
    b. Torrens System (Act No. 496)
    c. Sec. 194 (Revised Administrative Code)
    2. Present system: Property Registration Decree (PD 1529)

    Purposes of registration and publicity


    1. To give true notice of the true status of real property and real rights thereof;
    2. To prejudice third persons;
    3. To record acts or contracts of ownership and other real rights over real
    properties;
    4. To prevent the commission of frauds.

    Effects of registration
    1. Operates as constructive notice
    2. Does not validate or cure defective instrument
    3. Cannot bind property where it is legally ineffective
    4. Does not vest title
    5. Primus tempore, potior jure (first in time, stronger in right)

    Effect of non-registration
    The titles of ownership or other rights over immovable property, which are not duly
    inscribed or annotated in the Registry of Property shall not prejudice third persons.
    Third persons refer to those who did not participate in the act, contract, or deed
    registered.

    When registration is useless


    1. When what is registered is insufficient to grant such a right as in the case of a
    fictitious or simulated sale.
    2. If what was registered was a forged deed.
    3. In case of a sheriff’s sale that has been made without the necessary legal
    formalities and notices.

    Nature of the books in the Registry of Property


    The books in the Registry of Property shall be public for those who have a known
    interest in ascertaining the status of the immovables or real rights annotated or
    inscribed therein.
    Public is a comprehensive, all-inclusive term, and properly construed, it may embrace
    every person as long as it is clear that the purpose of the examination is not unlawful or
    arises from sheer, idle curiosity.

    Ministerial function of Register of Deeds


    It is a ministerial function of the Register of Deeds to comply with the decision of the
    court to issue a title and register a property in the name of a certain person, especially
    when the decision had attained finality.

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