CHAPTER 2:

The Land Registration Commission and its Registries of

Deeds
 Land Registration Authority

ADMINISTRATOR

2 DEPUTY ADMINISTRATORS

CHIEF GEODETIC ENGINEER DIVISION CHIEFS SPECIAL ASSISTANT

Qualifications of an Administrator

– Duly qualified member of the Philippine Bar

– Ten years of practice in the legal profession
SEC. 6. GENERAL FUNCTIONS

(1) The Commissioner of Land Registration shall have the following functions:
(a) Issue decrees of registration pursuant to final judgments of the courts in
land registration proceedings and cause the issuance by the Registers of Deeds of
the corresponding certificates of title;
(b) Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;
(c) Resolve cases elevated en consulta by, or on appeal from decision of,
Register of Deeds;
SEC. 6. GENERAL FUNCTIONS

(d) Exercise executive supervision over all clerks of court and personnel of the
Courts of First Instance throughout the Philippines with respect to the discharge of
their duties and functions in relation to the registration of lands;
(e) Implement all orders, decisions, and decrees promulgated relative to the
registration of lands and issue, subject to the approval of the Secretary of Justice,
all needful rules and regulations therefor;
(f) Verify and approve subdivision, consolidation, and consolidation-
subdivision survey plan of properties titled under Act. No. 496 except those
covered by P.D. No. 957.
SEC. 6. GENERAL FUNCTIONS

(2) The Land Registration Commission shall have the following functions:
(a) Extend speedy and effective assistance to the Department of Agrarian
Reform, the Land Bank, and other agencies in the implementation of the land
reform program of the government;
(b) Extend assistance to courts in ordinary and cadastral land registration
proceedings;
(c) Be the central repository of records relative to original registration of lands
titled under the Torrens system, including subdivision and consolidation plans of
titled lands.
Section 7. Office of the Register of
Deeds
– One for each province and one for each city
– Every Registry with a yearly average collection of more than Php 60,000.00
during the last 3 years shall have ONE Deputy Register of Deeds.
– Every Registry with a yearly average collection of more than Php 300,000.00
during the last 3 years shall have one Deputy Register of Deeds and one second
Register of Deeds.
Section 7. Office of the Register of
Deeds
– Secretary of Justice shall define the official station and territorial jurisdiction of
each Registry upon the recommendation of the Commissioner of Land
Registration, with the end in view of making every registry easily accessible to
the people of the neighboring municipalities.
Registry of Property

– Abrigo v. De Vera (G.R. No. 154409, June 21, 2004)

Issues:
1. Whether or not the deed of sale executed by Gloria Villafania in favor of
Respondent Romana de Vera is valid.
2. Whether or not the respondent Romana de Vera is a purchaser for value in good
faith.
3. Who between the petitioners and respondent has a better title over the
property in question.
Registry of Property

– Abrigo v. De Vera (G.R. No. 154409, June 21, 2004)

Held:
1. Petitioners contend that Gloria Villafania could not have transferred the
property to Respondent De Vera because it no longer belonged to her. They
further claim that the sale could not be validated, since respondent was not a
purchaser in good faith and for value.
2. Petitioners cannot validly argue that they were fraudulently misled into
believing that the property was unregistered. A Torrens title, once registered,
serves as a notice to the whole world. All persons must take notice, and no
one can plead ignorance of the registration.
Meaning of Registration

– Registration is the ministerial act by which a deed, contract, or instrument is

inscribed in the records of the Office of the Register of Deeds and annotated on
the back of the TCT covering the land subject of the deed, contract or
instrument.
– IT CREATES A CONSTRUCTIVE NOTICE TO THE WHOLE WORLD AND BINDS THIRD
PERSONS. Registration in the public registry is notice to the whole world.
Meaning of Registration

– Guaranteed Homes, Inc. v. Valdez (G.R. No. 171531, June 30, 2009)
Issue: Whether or not petitioner is an innocent purchase for value i.e. there is no
need to go beyond the registered title of Spouses Rodolfo.
Held: Registration in the public registry is notice to the whole world. Every
conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or
entry affecting registered land shall be, if registered, filed or entered in the Office
of the Register of Deeds of the province or city where the land to which it relates
lies, be constructive notice to all persons from the time of such registering, filing or
entering.
EFFECT OF REGISTRATION

– Section 51 of PD No. 1529 provides that "No deed, mortgage, lease, or other
voluntary instrument, except a will purporting to convey or affect registered
land shall take effect as a conveyance or bind the land, but shall operate only as
a contract between the parties and as evidence of authority to the Register of
Deeds to make registration. 
– The act of registration shall be the operative act to convey or affect the land
insofar as third persons are concerned, and in all cases under this Decree, the
registration shall be made in the office of the Register of Deeds for the province
or city where the land lies.
EFFECT OF REGISTRATION

– Section 52 states that every conveyance, mortgage, lease, lien, attachment,

order,judgement, instrument or entry affecting registered land shall, if
registered, filed, or entered in the Office of the Register of Deeds of the
province or city where the land to which it relates lies, be constructive notice to
all persons from the time of such registering, filing or entering.
Where the registration of a deed of
sale was done in bad faith
– If the registration of a deed of sale was done in bad faith, it is as if no
registration was made at all.
– Actual knowledge of the sale amounts to registration thereof.
– Knowledge of a prior transfer of a registered property by a subsequent
purchaser makes him a purchaser in bad faith and his knowledge of such
transfer vitiates his title acquired by virtue of the latter instrument of
conveyance which creates no right as against the first purchaser.
– Registration operates as a notice of deed but it does not add to its validity nor
converts an invalid instrument into a valid one.
Where the registration of deed of sale
was done in bad faith
– If a sale is not registered, it is binding only between the seller and the buyer,
but it does not affect innocent third persons.
– Between two of the same immovable property registered under the Torrens
system, the law gives ownership priority to:
a. The first registrant in good faith.
b. The first possessor in good faith.
c. The buyer who in good faith possesses the oldest title
This rule does not apply if the property is not registered in the Torrens system.
Office of the Register of Deeds

The Secretary of Justice upon recommendation of the commissioner of the Land

Registration, shall cause the reclassification of Registries based on the work load or
the class of province or city whichever will result in a higher classification.
Qualifications of Registers of Deeds and
Deputy Registers of Deeds
– No person shall be appointed the Register of Deeds unless he has been
admitted to the practice of law in the Philippines and shall have been engaged
in such practice for at least 3 years or has been employed for a like period in any
branch of the governmentthe functions of which include the registration of
property.
– The Deputy Register of Deeds shall be a member of the Philippine bar. Provided,
however that no Register of Deeds or Deputy Register of Deeds holding office as
such upon the passage of this Decree shall by any reason hereof be removed
from office or be demoted to a lower category of scale of salary except for
cause and upon compliance with due process as provided by law.
The duty of the Register of Deeds to
register, is ministerial
– Since the Duty of the Register of Deeds to register is ministerial, his refusal to
do his duty is tantamount to an unlawful neglect in the performance of a duty
resulting from an office, trust or station, and is a proper instance where
mandamus will lie.
General Functions of Registers of
Deeds
– The Register of Deeds constitutes a public repository of record of instrument
affecting registered and 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. He shall see to it that the said instrument
bears proper documentary and science stamps that are the same are cancelled.
– If the instrument is not registrable, he shall forthwith deny registration thereof and
inform the presenter 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
Office of the Register of Deeds

– There shall be at least one Register of Deeds for each province and one for each city.
– The Secretary of Justice shall define the official station and territorial jurisdiction of
each Registry upon the recommendation of the LRA administrator, with the end in
view of making every Registry easily accessible to the people of neighboring
municipalities.
– Registers of Deeds shall be appointed by the President upon recommendation of the
Secretary of Justice.
– Deputy Registers of Deeds and all other subordinate personnel of the Registries of
Deeds shall be appointed by the Secretary of Justice upon the recommendation of
the LRA Administrator.
The duty of the Register of Deeds to
register, is ministerial
– The duty of a Register of Deeds regarding to the registration of deeds,
encumbrances, instruments and the like is Ministerial in nature.
– The duty of a Register of Deeds may not validly refuse to register a deed of sale
presented to him for registration.
– Whether the document is invalid, frivolous, or intended to harass is not the
duty of a Register of Deeds to decide, but for a court of competent jurisdiction
to determine.
– It is Register of Deeds is not authorized to determine whether or not fraud was
committed in a document sought to be registered.
BARANDA v GUSTILO . J.
Guiterrez Jr.
– ISSUE: What is the nature of the duty of the Register of Deeds to Annotate or
Annul a notice of its pendens in a Torrens Certificate Title?
– RULING: The acting Register of Deeds with reference to the registration of
deeds, encumbrances, instrument and the like is ministerial in nature. The acting
Register of Deeds does not have any legal standing to file a motion for
reconsideration of the Judge's order directing him to cancel of his lependens.
Sec. 10 of PD 1529 states that "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 of regisition
DE LEON v DE LEON . J. Velasco
Jr.
– ISSUE: W/N the land subject matter of the case is conjugal property?
– RULING: YES The mere registration of a property in the name of one spouse
does not destroy its conjugal nature. What is material is the time when the
property was acquired.
Instances Where the Registry of
Deeds May Deny Registration
1. Where there are several copies of the title (co-owner’s duplicate) but only
one is presented with the instrument to be registered.
2. Where the property is presumed to be conjugal but the instrument of
conveyance bears the signature of only one spouse.
3. Where there is a pending case in court where the character of the land and
validity of the conveyance are in issue.
4. Where required certificates or documents are not submitted.
Doubtful Questions shall be Submitted to LRA
Administrator for Resolution via consulta

– Sec. 10, PD 1529(2):

– 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. He shall see to it that said instrument bears the
proper documentary and science stamps and that the same are properly cancelled. If
the instrument is not registerable, he shall forthwith deny registration thereof and
inform the presenter 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.
Registration does not Validate an
Otherwise Invalid Instrument
– The act of registration does not validate an otherwise void contract.
– Although registration operates as a notice of the deed, contract, or instrument, to
others it does not add to its validity nor converts an invalid instrument into a valid
one as between parties (Pascua v CA)
– Nor does it amount to a declaration that the instrument recognizes a valid and
subsisting interest in the land (ACCA v Yunay)
– The registration is not an impediment to a declaration by the courts of its invalidity
(Fudot v Cattleya Land)
Notice to the Register of Deeds or
Adverse Party
– It is one thing for the Register of Deeds, in the exercise of his ministerial duties
under the law, to register an instrument which in his opinion is registrable, and
quite another thing for the court itself to order the registration. The former
does not contemplate notice to and hearing of interested parties such as are
required in a judicial proceeding nor carry with it the solemnity and legal
consequences of a court judgment. The court a quo, in anticipating the action
of the Register of Deeds, unnecessarily took the matter out of his hands and at
the same time presented the question of registration still pending in the civil
action filed by appellant. (Ledesma v Villasenor)
Sec. 11 – Discharge of duties of Register of
Deeds in case of vacancy.

– Par. 1
– (a) – for the province or city where there is a Deputy Register of Deeds by said Deputy
Register of Deeds or by the second Deputy Register of Deeds, should there be one
– (b) – for the province or city where there is no Deputy or second Deputy Register of Deeds
by the provincial or City Fiscal, or any Assistant Fiscal designated by the Provincial or City
Fiscal.
– Par. 3
– In case of a newly-created province or city and pending establishment of a Registry of
Deeds and the appointment of a regular Register of Deeds for the new province or city,
the Register of Deeds of the mother province or city shall be the ex-officio Register of
Deeds for said new province or city.
Naawan Community Rural Bank v
Court of Appeals
– Issue: W/N the registration of the Sheriff’s Deed of Final Conveyance in the
Property Registry of Deeds could be effect as against the spouses Lumo
– Held: Art. 1544 of the NCC provides that should the property in question be
immovable property, the ownership shall belong to the person acquiring it in
good faith, who first registered it in the Registry of Property. Thus, the Court
held that the Sps. Luma (private respondents) had the right over the property in
question since they registered it first and were buyers in good faith.
Alfonso v Office of the President

– Issue: W/N the dismissal of Yolanda Alfonso was correct by virtue

– Held: The Court held that the actions of Alfonso were indeed grave abuse of
discretion and misconduct. First Sec. 10 of PD1529 provides that the duties of
the Register of Deeds is ministerial when it comes to approval or denial of the
registration. In case of doubt the Register should elevate the issue to the LRA en
consulta. In the case at bar, Alfonso continued with the issuance of the TCTs and
the registration when in fact she knew that there was an irregularity with the
OCT.