Registration under wrong system

In Consulta No. 2887, citing Consulta No. 1302, this Authority held that:

" There are two systems of registration prevailing in our jurisdiction. One is the Torrens System of registration for registered land under Presidential Decree No. 1529, and the other is the system of registration for unregistered land under Act No. 3344 (now Sec. 113 of P.D. 1529). These systems of registration are separate and distinct from each other in scope and subject matter. Thus, registration under P.D. 1529 refers to the titled lands, while registration under Act No. 3344 concerns unregistered lands. Documents involving registered lands should be recorded only under P.D. 1529. The registration therefore of an instrument under the wrong system of registration produces no legal effect."

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)

Primary Entry Book

It was held by the Supreme Court in Villasor vs. Camon, et. al., 89 Phil. 404 (1951) that for the registration of voluntary instruments it is necessary not only to register the deed, instrument of assignment, mortgage, or lease in the entry book of the Registrar of Deeds, but a memorandum thereof shall also be made by the Registrar of Deeds on the owner's duplicate certificate and its original.

It should also be noted that entry in the day book is but a preliminary step in the registration,the actual annotation of the memorandum or the issuance of a new certificate of title being the final step to accomplish registration.

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)

LAND REGISTRATION IN THE PHILIPPINES

There are presently only two (2) systems of registration of real property or rights therein: (1) the Torrens System (2) the system of recording of unregistered  real estate.

The Torrens System was designed to establish a system of registration by which title recorded become absolute , indefeasible and imprescriptible and Act No. 496, otherwise known as the Land Registration Act, was passed and took effect on February 1, 1903.

Presidential Decree No. 1529, The Property Registration Decree was issued to cope with the growing need of updating the Land Registration Act, to codify the various other laws relative to registration of real property and real rights, and to further strengthen the Torrens system.

In order to provide for the registration of instruments affecting unregistered lands, the Administrative Code  in Section 194 established a system of regisration under which all documents, affecting lands not registered under the Spanish Mortgage Law nor under the Torrens System, be recorded in the land records of the province or city where the land lies. This sectionof the Administrative Code was subsequently amended by Act No. 2837 and later on December 8, 1926, Act No. 3344 was passed revising to a considerable extent the provisions of the Administrative Code.