Administration of Torrens System Flashcards
What are the function of the Land Registration Authority?
(a) Issue decrees of registrations, pursuant to the final judgment of the courts in land registration proceedings and cause the issuance by the Registrars of LTD of the corresponding certificate of titles.
(b) Be the central repository of records relative to original registration of lands titled under the Torrens system.
(c) Extend assistance to courts in ordinary and cadastral land registration proceedings and to the other agencies of the government on the implementation of the land reform program.
What are the powers and functions of the LRA Administrator?
(a) Exercise supervision and control over all Registrar of LTD and other personnel of the Administration;
(b) Resolve cases elevated en consulta by, or on appeal from the decision of Registrars of LTD;
(c) Exercise executive supervision over all clerks of court and personnel of the RTC throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands;
(d) Implement all orders, decisions, and decrees promulgated relative to the registration of the lands and issue subject to the approval of the Secretary of Justice;
(d) Verify and approve subdivision, consolidation, and consolidation-subdivision survey plans of properties titled under Act No. 496 except those covered by P.D. 957.
What is the duty of the REGISTRY OF DEEDS?
To immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration.
Baranda v. Gustilo; Registry of Deeds
The nature of the duty of the RD is to annotate and/ or cancel the notice of lis pendens in a torrens certificate of title.
It is also the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration.
If the instrument is not registrable, he shall deny the registration and inform the presenter of such denial in writing, stating the ground or reasons, and advising him of his right to appeal by consulta in accordance with Section 117 decree.
En consulta; Section 117; When? How?
When the Register of Deeds is in doubt with regard to the proper step to be taken or memoranda to be made in pursuance of any deed, mortgage or other instrument presented to him for registration; or
Where any party in interest does not agree with the action taken by the Register of Deeds with reference to any such instrument,
The question shall be submitted to the Commission of Land Registration by the Register of Deeds, or by the party in interest through the Register of Deeds.
When RD may DENY REGISTRATION?
(a) Where there is more than one copy of the owner’s duplicate certificate of title and not all such copies are presented in the Registry of Deeds;
(b) Where the voluntary instrument bears on its face some infirmity;
(c) Where the validity of the instrument sought to be registered is in issue in a pending court suit;
(d) When the document is not verified and notarized;
(e) When in doubt as to the proper action to be taken on an instrument or deed, the RD may refer the matter to the LRA for consulta mandamus. The aggrieved party may also avail of the remedy of consulta. If still aggrieved, the decision of the Admistrator in consulta may be appealed to the CA within 15 days.
Almirol v. The Register of Deeds of Agusan
RD may not validly refuse to register a deed of dale presented to him for registration.
Whether the a document is valid or not, is not for the Register of Deeds to determine, this function belong properly to a court of competent jurisdiction.
When he is in doubt as the proper step to be taken wrt any deed or other instrument presented to him for registration, all that he is supposed to do is to submit and certify the question to the Commissioner of Land Registration who shall, after notice and hearing, enter an order prescribing the step to be taken on the doubtful question.
