Professional Documents
Culture Documents
General functions of
Registers of Deeds
The office of the Register of Deeds constitutes a public repository
of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such
office is situated.
It shall be the duty of the Register of Deeds to immediately
register an instrument presented for registration dealing with real
or personal property which complies with all the requisites for
registration. Xx x
Xxx If the instrument is not registerable, he shall forthwith deny
registration thereof and inform the presentor of such denial in
writing, stating the ground or reason therefor, and advising him of
his right to appeal by consulta in accordance with Section 117 of
this Decree.
Thus, the Court ruled, and so holds to this very
moment, that when the document sought to be
registered is complete and in due form, it is presumed
to be valid and acceptable for registration in its
entirety (Gonzales v. Basa, supra). Needless to say,
the RD is without any authority to inquire into the
intrinsic validity of the deed sought to be registered
such as whether the signature of any of the parties
therein is genuine or falsified since that function
peculiarly lies within the province of the courts of
justice (Tinatan v. Serilla, 54 O.G. 23, Sept. 16, 1968,
CA).
If the purpose of registration is merely to give notice
to all persons, then questions regarding the effect or
invalidity of instruments are expected to be decided
after, not before, registration.
Hence registration must first be allowed, and the
validity or invalidity of the instrument litigated
afterwards. (Gurbax Singh v Reyes 92 Phil 182).
CHAPTER III
ORIGINAL REGISTRATION
5. DECISION/JUDGMENT
- final after 15 days from receipt
- Order LRA for Issuance of Decree
Procedure for judicial registration of title
under P.D. 1529
6. Preparation by LRA of a) Decree of Registration;
and b) Original Certificate of Title and Owner’s
Duplicate Copy
7. Transmittal to the Registry Office concerned
- entry in the Registration Book
8. Release of the owner’s duplicate of title
Original Certificate of Title
Original
Certificate of
Title
REMEDIES AVAILABLE IN LAND
REGISTRATION CASES
Section 32. Review of decree of registration;
Innocent purchaser for value
The decree of registration shall not be reopened or
revised by reason of absence, minority, or other
disability of any person adversely affected thereby,
nor by any proceeding in any court for reversing
judgments, subject, however, to the right of any
person xxx deprived of land xx by actual fraud xx
Sec. 32 PD 1529
Xx to file in the proper Court of First Instance a
petition for reopening and review of the decree of
registration not later than one year from and after
the date of the entry of such decree of registration,
but in no case shall such petition be entertained by
the court where an innocent purchaser for value
has acquired the land or an interest therein xxx
Sec. 32 PD 1529
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of
registration in any case may pursue his remedy by action for
damages against the applicant or any other persons responsible for
the fraud.
Review of Decree of
Registration
Petitioner must have an interest in the land
Petitioner must show actual fraud or extrinsic fraud
Petition must be filed within one year from the
issuance of decree of registration
Property has not been transferred to an innocent
purchaser for value