Registration and annotation

"At this stage where the act of recording has been completed and registration is an accomplished fact, this Administration can no longer direct the Register of Deeds to cancel the annotation from the certificate of title. The recording of the memorandum being fait accompli its cancellation may be effected only upon order of the court or by means of a voluntary instrument executed by the one who caused the registration. " (Consulta No. 1528)( LRA Consulta No. 2455 dated August 9, 2002)

Revived Judgment

Section 6 of Rule 39 of the Revised Rules of Court provides that:

" Execution by motion or by independent action. A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations." (Cited in LRA Consulta No. 3366 dated November 22, 2002)

Cancellation of Adverse Claim

This Authority has abandoned the earlier practice of allowing the cancellation of adverse claim through a sworn  petition by the party interest (a registered owner) addressed to the Register of Deeds. The registered owner must instead address his petition for cancellation of the adverse claim to the proper court. This is in line with the ruling of the Supreme Court in the case of "Alfredo Sajonas and Conchita Sajonas, petitoners, versus, the Court of Appeals, Domingo A. Pilares, Sheriff Garcia of Quezon City and the Register of Deeds of Marikina, Respondents," GR No. 102377 promulgated on July 5, 1996, which declared that an adverse claim annotated on the title can only be cancelled by order of the court . (LRA Consulta No. 2805 and 2963)

Functions of the Register of Deeds

The Register of Deeds is utterly incompetent to make an appraisal of proofs outside of the documents sought to be registered. He can only determine the registrability of an instrument presented for registration by what appears on its face.

It is precisely his duty to see to it that a document presented  for registration is regular and in due form. (Gonzales vs. Basa, Jr., 73 Phil 704)

Where the document sought to be registered is sufficient in law and drawn in accordance with the existing requirements, it becomes incumbent with the Register of Deeds to perform his ministerial duty without unnecessary delay. The Register of Deed can only be restrained to act by proper injunction from the court. (LRC Consulta No. 298)

There is no existing law nor rule which imposes upon the Register of Deeds the duty to give notice to all parties concerned that a registered land owner is causing to effect transfer of his rights therein in favor of another. (LRC Consulta No. 81, dated May 9, 1956) (LRC Consulta No. 90)

Minors as parties to an instrument of conveyance

The father, or in his absence the mother, is automatically the legal administrator of the property of the minor child. But the father or the mother, as the case may be, cannot sell said property (even is the value be less than P2,000.00), without the approval of a court of competent jurisdiction. (LRC Consulta Nos. 105, 158, 189)

The Register of Deeds should not register any instrument by which  the property of a child under parental authority is sold, alienated, assigned, encumbered or otherwise disposed of by the administrator of the child’s property irrespective of the value thereof, unless such transaction is duly authorized by the Court of competent jurisdiction. Nor should the Register of Deeds register a deed of sale in favor of a minor, who is represented by his father, or mother, as legal administrator, or by a a judicial guardian, unless the investment so made of the ward’s money has been duly approved by the proper Cout, (LRC Consulta No 189)