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Digest Land

The register of deeds denied registration of notices of adverse claim filed by petitioner against properties registered under her sister's name, which petitioner claimed were rightfully owned by their deceased mother. The LRC ruled the registrations should be allowed as the notices met legal requirements. The issue is whether the register of deeds can refuse registrations. The court ruled the register's duty is ministerial and notices must be registered if requirements are met, while validity will be determined later in court.

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Omar Jayson Siao Vallejera
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90 views3 pages

Digest Land

The register of deeds denied registration of notices of adverse claim filed by petitioner against properties registered under her sister's name, which petitioner claimed were rightfully owned by their deceased mother. The LRC ruled the registrations should be allowed as the notices met legal requirements. The issue is whether the register of deeds can refuse registrations. The court ruled the register's duty is ministerial and notices must be registered if requirements are met, while validity will be determined later in court.

Uploaded by

Omar Jayson Siao Vallejera
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Gabriel Vs.

Register of Deeds of Rizal

facts: Petitioner Elisa Gabriel filed with the register of deeds of Rizal and Manila, notice of adverse claims, against the properties registered in the name of her sister, Juanita Domingo. She assailed that the propeties wered acquired and owned by their deceased mother, but were fraudulently registered in the name of Juanita,depriving petitioner of her lawful rights, interests and participations over said properties. Juanita moved to deny both registrations of notice of adverse claims contending that they were done in order to harrass her, and that they had no legal effect. The register of deeds of Rizal denied the registration filed in his office. Hence, petitioner appeal such denial to the Land Registration Commission (LRC) in which both registrations were heard with reasons, inter alia, that they comply with the formal and legal requirements under sec. 110 of Act no. 496. Juanita moved for a reconsideration saying that the register of deeds has the power to refuse and/or suspend registrations of documents when he thinks they are not valid and registrable, hence, his function is not only ministerial but also mandatory.

Issue: whether or not the register of deeds may refuse registrations of documents, like registrations of notice of adverse claims.

Ruling: No. The register of deeds has to perform his ministerial duty to accept registratins where documents containing the adverse claims is suffecient in law and drawn up in existing requirements. Whether or not the adverse claims sought to be registered are frivolous and merely intended to harass are for a court of competent jurisdiction to decide, and not for the Land Registration Commission. Registrability should not be confused with its validity. Its validity will be determined in a separate proceeding.

Petition granted.

Register of Deeds of Manila Vs. Tinoco

facts: Respondents were the registered owners of 15 parcels of lands. They enetered into several lease contracts until the controversy came about when Juanita Lirio, the last lessee of 8 parcels of land, filed for annotation with the register of deeds of Manila the contract of lease in her favor. However, the filing was not accomplished since she was not able to present the owner's duplicate certificate of title (ODC) for the 8 parcels of land, for such was in the possession of the respondents. For that reason she filed with the register of deeds of Manila adverse claim based on the lease contract. Eventually, the registrar required the respondents to surrender the ODCT but the latter refuseed. The registerar reported the mattr to the CFI of Manila which ordered the respondents to surrender gthe ODCT. Hence, this appeal on certiorari.

Issue: Whether or not the CFI of Manila can compel the respondents to surrender to the register of deeds the ODCT so that notice of adverse claim in connection with the contratc of lease may be annotated thereon.

Ruling: Yes. Section 72 of Land Registration Act vests the CFI the authority to direct an adverse claim, such as lease, to be registered and to compelk the holder of the certificate of title to produce it for such purpose. If the claim is adjudged to be invalid by the court, the remedy of the owner ofr the registered land is to have it cancelled, and if found to be frivolous or vexatious, it may tax the adverse claimant double or treble cost at its discretion.

Decision of CFI affirmed.

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