Thursday, February 17, 2011

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 regsitration shall be made in the office of the Registrar of Deeds for the province or city where the land lies ( Sec. 51, 2nd par., P.D. 1529)

The act of registration creates constructive notice to the whole world of the fact of such conveyance. (Quilisadio vs. Court of Appeals, 1990, 182 SCRA 401 citing Heirs of Maria Marasigan vs. Intermediate Appellate Court, 1987, 152 SCRA 253).

Where a party has knowledge of a prior existing interest which is unregistered at the time he acquired a right to the same land, his knowledge of the prior unregistered interest has the effect of registration as to him. The Torrens systme cannot be used as a shield for the commission of a fraud (Gustilo vs. Maravilla, 48 Phil 442).

The law on registration does not require  that only valid instruments shall be registered. Registration must first be allowed and the validity or effect be litigated afterwards. The purpose of registration is merely to give notice (Gurbax Singh, Pablo & Co., et al. vs. Reyes et. al., 92 Phil 177 (1952)).

The rule is well-established that registration in a public registry is a notice to the whole world. The record is constructive notice of its contents as well as all interests, legal and equitable, included therein. All persons are charged with knowledge of what it contains (People vs. Reyes, 1989, 175 SCRA 597, citing Legarda and Prieto vs. Saleeby 1915, 31 Phil 590, Garcia vs. Court of Appeals, G.R. Nos. L-48971 and 49011, January 22, 1980, 95 SCRA 380.)

Registration means any entry made in the books of the registry including the cancellation, annotation and even the marginal notes. In its strict sense, it is the entry made in the registry which records solemnly and permanently the rights of ownership and other real rights (page 1, Register of Deeds' Manual of Registration). However, not all claims and alleged rights of ownership are registrable. Only those which prove to be supported by factual documents and based on existing rights, interest and claims are registrable. (LRA Consulta No. 3119)

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