Voluntary dealings

Sec. 51 – conveyance and other dealings by the registered owner

- Form is IMPORTANT for validity, convenience and enforceability
- Contracts in a public instrument is only for convenience
- Rule in case of sale of real property; pricing agreement
o The parties may choose between two types of pricing agreement:
 A unit price contract wherein the purchase price is determined by way of reference to a stated
rate per unit area
 A lump sum contract which states a full purchase price for an immovable the area which may be
declared based on the estimate
- Rule in case of sale of conjugal property
- Any alienation or encumbrance made by the husband of the conjugal partnership property without the consent
of the wife is VOID.
o Guiang v. CA
o Felipe v. Aldon
o Alfredo v. Borras
- Difference between contract of sale and contract to sell
- Delivery as a mode of transmission, real or constructive
o Execution of public document is equivalent to delivery
o Dacion en pago – the delivery and transmission of ownership of a thing by the debtor to the creditor as
an accepted equivalent of the performance of the obligation.
Sec. 52 – constructive notice upon registration
- Act of registration is the operative act to convey or affect registered land
o Registration of documents ministerial on the part of the Register of Deeds
o As between the parties, registration is not essential for validity of sale
o Actual notice equivalent of registration
Sec. 53 – presentation of owner’s duplicate upon entry of new certificate
- Surrender of owner’s duplicate certificate is authority for the Register of Deeds to enter registration
o Remedy in case of refusal to surrender’s owner duplicate certificate
 The party in interest may file a petition in court to compel surrender of the same to the
Register of Deeds pursuant to Sec. 107
- A forged deed is a NULLITY and conveys NO TITLE
 Section 53 of PD 1529
o A forged deed may be the basis of a good title in the hands of a bona fide purchaser
o Rule when owner is not at fault
o Rule in case of double sale
o Mortgagee generally HAS THE RIGHT to rely on the certificate of title of the mortgagor

Voluntary dealings
Involuntary dealing
Original registration
Judicial Confirmation of Imperfect Title
Consulta
Remedies
Amendment and alteration of certs
Replacement of lost dup. Certs.
Reconstitution Dealing with unregistered lands

Innocent mortgagee for value (p. 343)

FINAL EXAM:
1 – situational
2 – situational
Petitioners A and B – TCT no. 123456
D – TCT no. 24286
E and F – mortgaged by D to them; the lot was foreclosed and a new TCT was issued; TCT no. 12392
G – TCT no. 554965
Assurance fund (Section 93)
3 – situational
4 – lawyer’s oath
5 – definition of terms
6 –situational
 Primary entry book (Section 56)
7 – definition of terms
8 – situational
9 – situational

Curtain principle – 377

For number - p. 397
Section 47 – for number
Laches – p 405
Section 48 – collateral attack

Curtain principle - p 377

Mirror doctrine – p 329
p. 323 – action for compensation for the assurance fund
Section 69 and 70 – attachments and adverse claims
For number 1 – section 53
Primary entry book – sec 56

Under section 117 of P.D. 1529:

- The Register of Deeds NOTIFIES 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 elevate the matter by Consulta
to the Administrator of the Land Registration Authority.
 
- Within five days from receipt of notice of denial, the party-in-interest shall file his
Consulta with the Register of Deeds concerned

- 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 and the
Register of Deeds will elevate the case to the LRA Administrator with certified records
and a summary of the facts and issues. Then, the LRA Administrator will conduct
hearings after due notice or may just require parties to submit their memoranda.
Lastly, after the 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.