Notice of Lis Pendens on a Certificate of Title in the name of the Corporation not in the name of decedent

In LRC Consulta No. 32, this Authority held that "while it is true that the function of the Register of Deeds is purely ministerial, he is nevertheless allowed to examine the documents presented whether or not from its face, it appears that there are defects in the fromal requisites or there are some legal deficiencies, he cna properly deny its registration."

In the consulta at bar, the documents presented to the respondent yields from its face, a legal deficiency. The property on which the subject Notice of Lis Pendens is sought to be registered does not belong to the decedent, but to the corporation where deceased Francisco Angeles was a stockholder. It is a basic priciple in law that ownership of some shares of stock in a corporation does not entitle a shareholder to claim ownership over the capital assets of the corporation. In LRC Consulta No.44, this Authority held that " a share of stock only typifies an aliquot part of the corporation's property, or the right to share in the proceeds to that extent when distributed according to law and equity, but the holder is not the owner of any part of the capital assets of the corporation. Nor is he entitled to the possession of any definite portion of its property."

(LRA Consulta No. 3209 dated November 19, 2002, Aleli "corazon" Angeles-Maglaya vs. The Registrar of Deeds of Meycauayan, Bulacan)

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)