LAND REGISTRATION AUTHORITY AND ITS REGISTRIES OF DEEDS

 

LAND REGISTRATION AUTHORITY AND ITS REGISTRIES OF DEEDS

LAND REGISTRATION AUTHORITY

·         To have a more efficient execution of the laws relative to the registration of lands, geared to the massive and accelerated land reform and social justice program of the government

·         Headed by an Administrator, who shall be assisted by 2 Deputy Administrators

·         All of whom shall be appointed by the President through the recommendation of the Secretary of Justice

·         All other officials except the Register of Deeds shall be appointed by the Secretary of Justice upon recommendation of the Administrator

FUNCTIONS OF THE AUTHORITY

1.       Extend speedy and effective assistance to the Department of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government

2.       Extend assistance to courts in ordinary or cadastral land registration proceedings

3.       Be the central repository of records relative to original registration of lands titled under the Torrens system, including subdivision and consolidation plans of titled lands

FUNCTIONS OF THE ADMINISTRATOR

1.       Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Register of Deeds of the corresponding certificates of title

2.       Exercise supervision and control over all Registers of Deeds and other personnel of the Commission

3.       Resolve cases elevated en consulta by, or on appeal from a decision of a Register of Deeds

4.       Exercise executive supervision over all clerks of courts and personnel of the CFI throughout the Philippines with respect to the discharge of duties and functions in relation to the registration of lands

5.       Implements all orders, decision, and decrees promulgated related to the registration of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations therefor

6.       Verify and approve subdivision, consolidation, and consolidation, subdivision survey plans of properties titled under Act 496 except those covered by PD 957

7.       Discretionary functions

NATURE OF THE DUTY OF THE LRA IN ISSUING DECREES OF REGISTRATION

·         It is ministerial in the sense that they act under the orders of the court and the decree must be in conformity with the decision of the court and with the data found in the record, as to which they have no discretion on the matter

·         NOT compellable by mandamus

·         If they are in doubt upon any point in relation to the preparation and issuances of such decree, it is their duty to refer the matter to court

·         In the above respect, then they act as officials of the court but their acts are the acts of the court itself

·         The issuance of a decree of registration is part of the judicial function and is not compellable by mandamus because it involves the exercise of discretion

·         The duty to render reports is not limited to the period before a decision becomes final, but may extend ever after its finality but not beyond the scope of one year from the entry of the decree

AUTHORITY OF THE LRA TO REPRESENT THE GOVERNMENT IN REGISTRATION PROCEEDINGS

·         The Solicitor General as counsel of the government, shall represent the government in all registration proceedings

·         The functions enumerated of the LRA is bereft of any grant of power to make the representation as the Solicitor General on behalf of the government in land registration proceedings

·         The LRA has no authority to represent the government in registration proceedings

OFFICE OF THE REGISTER OF DEEDS

·         There shall be at least one Register of Deeds for each province and one for each city

·         Secretary of Justice: defines the official station and territorial jurisdiction of each Registry upon the recommendation of the LRA administrator, with the end in view of making every Registry easily accessible to the people of the neighboring municipalities

·         Register of Deeds: appointed by the President upon recommendation of Secretary of Justice

·         Deputy Registers and all subordinate personnel of Register of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the LRA Administrator

·         Both the Register and his deputies must be members of the Bar

WHAT IS THE OFFICE OF THE REGISTER OF DEEDS

·         A public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated

FUNCTIONS AND DUTIES OF ROD

1.       It shall be 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.

2.       He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled.

3.       If the instrument is not registerable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of this Decree

4.       Prepare and keep index system, which contains the names of all registered owners alphabetically arranged and all the lands respectively registered in their names

NATURE OF THE DUTY OF THE REGISTER OF DEEDS TO REGISTER

·         Registration is merely a ministerial act by which a deed, contract, or instrument is sought to be inscribed in the records of the office of the Register of Deeds and annotated at the back of the certificate of title covering the land subject of the deed, contract, or instrument

·         Section 10: “It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real and personal property which complies with all the requisites for registration.”

·         Register may not validly refuse to register a deed of sale presented to him for registration

·         Whether a document is valid or not is not for the Register to determine, this function belongs properly to a court of competent jurisdiction

·         Hence, registration must first be allowed, and the validity or effect thereof litigated afterwards

WHEN MAY THE REGISTER OF DEEDS REFUSE REGISTRATION?

1.       When there are several copies off the title but only one is presented with the instrument to be registered.

·         Where there are several copies of the same title in existence, it is easy to see how their integrity may be adversely affected if an encumbrance, or an outright conveyance, is annotated on one copy and not on the others.

·         The law itself refers to every copy authorized to be issued as a duplicate of the original, which means that both must contain identical entries of the transactions, particularly voluntary ones, affecting the land covered by the title.

2.       When the property is presumed to be conjugal but the instrument of conveyance bears the signature of only one spouse.

3.       Where there is a pending case in court where the character of the land and validity of the conveyance are in issue.

·         In such a case, the matter of registration may well await the outcome of that case, and in the meantime the rights of the interested parties could be protected by filing the proper notice of lis pendens.

4.       When the instruments is not notarized

5.       When required documents are not submitted

REGISTRY OF PROPERTY

·         Registration of instruments affecting registered land must be done in the proper registry, in order to affect and bind the land and thus, operate as constructive notice to the world

·         Section 51 provides that no deed, mortgage, lease or voluntary instrument, except a will—purporting to convey or affect registered land shall take effect as a conveyance or bind the land until its registration

·         Thus, if the sale is not registered, it is binding only between the seller and the buyer but it would not affect third parties