Form: Documents to be registerable
The law provides that the act of registration of the deed is the operative act that conveys and affects the land. That means that any transaction affecting the registered land should be evidenced by a registerable deed. SCRA 65) An owner of registered land may convey, mortgage, lease, (Salao vs Salao, 70
charge or otherwise deal with the same in accordance with
existing laws. He may use such forms of deeds, mortgages, leases, or other voluntary instruments as are sufficient in law.
Section 112 of P.D. 1529
Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting registered or unregistered land, executed in accordance with law in the form of public instruments shall be registerable.
Provided, that every such instrument shall be: a) Signed by the person or persons executing the same b) In the presence of at least 2 witnesses who shall likewise sign thereon c) And shall acknowledge to be the free act and deed of the person or persons executing d) before a notary public or other public officer authorized by law to take acknowledgement.
Where the instrument consists of 2 or more pages, each
page of the copy which is to be registered in the office of the ROD, or if registration is not contemplated, each page of the
copy to be kept by the notary public, (except the page where the
signature already appear at the foot of the instrument): a) Shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses;
b) And all the ages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the acknowledgment. Where the instrument acknowledge relates to a sale, transfer, mortgage or encumbrance of 2 or more parcels of land, the number thereof shall likewise be set forth.
Form: Public Document
Must be in the form of a public document.
A deed of sale or any other instrument dealing with real property become a public instrument when
acknowledge before a notary public. The original of the document should be presented to the ROD, together with a copy thereof.
Contents
I. Name and Citizenship of Transferee Every deed/instrument shall state the ff: a) Full name b) nationality c) Residence
d) Post office address of the grantee or other persons claiming or acquiring an interest
e) State whether the grantee is married or unmarried
f)
If married, the full name of husband and wife
Contents
II. Signature of Party
The document must be signed by the person or persons executing the same in the presence of 2 witnesses who shall also sign the document as witness to the execution thereof.
III. Signature of Wife, if conjugal
The husband cannot alienate or encumber real property of
the conjugal partnership without the wifes consent.
The wife shall also sign the document to signify her marital consent
Contents
IV. Notarial Acknowledgment
The person or persons executing the document must acknowledge that such document was of his or their free act and deed before a notary public or other public officer authorized by law to take
acknowledgment;
acknowledgment.
and
the
latter
shall
certify
to
such
V. Two or More Pages; parcels of land
Each page must be signed by the person/persons executing the
document and their witnesses and sealed with the notarial seal, this
fact as well as the number of pages must be stated in the acknowledgment.
Contents
VI. Community Tax Certificate
When an individual subject to the community tax acknowledges any document before the notary public, it shall be the duty of the officer to require such individual to exhibit the community tax certificate. The community tax certificate required shall be the one issued for the current year; except for the period from January until 15th of April each year, in which case, the certificate issued for the preceding year shall suffice. (LGC
of 1991 Sec. 162)
Contents
VII. Corporation, Partnership, Association
If the grantee is a corporation or association, the instrument must contain a recital that such corporation or association is legally qualified to acquire private lands. Certified copies of the articles of Incorporation or partnership, and of the By-laws shall accompany the
document for registration.
Resolution of the BOD authorizing an officer or employee to sign in behalf of the corporation-likewise be filed in the ROD
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VIII. Document Executed Abroad
Must be properly authenticated to be registerable. Authentication shall be made by the ambassador, minister,
secretary of legation, consul, or other duly authorized officer
of the Philippines acting within the country or place to which he is accredited.
All certifications issued by a foreign diplomatic or consular
official must be accompanied by appropriate certification of the Authentication Officer of the DFA as to the genuineness of his signature and official seal affixed thereto.
Contents
IX. Documentary Stamps
The requires amount of documentary stamps should be affixed to the document or be paid.
X.
Taxes: Proof of Payment of Taxes
a) Real estate tax
ROD shall not register a voluntary document unless proof of payment of real estate tax for the current year is shown. The province may impose a tax on any mode of transfer of registered or unregistered land.
b) Transfer tax
c) Estate Tax d) Donors Tax
In case of inheritance, the estate tax shall be paid. In case of donation, the donors tax shall be paid.
e) Donation inter Acceptance of the donee is required. vivos
f) Donation mortis cause
Attestation clause is required.
The entry and registration fee shall be paid upon presentation of the document for registration
d) Payment of entry and Registration Fees
Duty of Register of Deeds
Where the documents containing the notice of adverse claim is sufficient in law and drawn up in accordance with existing requirements, it becomes incumbent upon the ROD to perform his ministerial duty, without unnecessary delay to register the document. Note: The registration of document should not be confused with its validity. Registration
alone does not make it valid. Its validity will be determined in a separate
proceeding.
A Register of Deeds has no power to determine the validity of a document that is presented to him for registration.
The function belongs to a court of competent jurisdiction. The Register of Deeds is entirely precluded from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on
the ground that it is invalid. All he has to do is to submit and certify the question to the Administrator of the LRA, who after notice and hearing, enter an order prescribing the steps to be taken.
Will Mandamus lie against the Register of Deeds to register the deed of sale?
NO The party in interest may appeal to the Administrator of the LRA whose decision shall be binding upon all Register of
Deeds.
This administrative remedy must be resorted to before there can be recourse to the courts.
Exception:
The SC had already affirmed the CAs judgment that Certificates of Title be issued in private respondents name
Untitled Lands
Refers to unregistered lands, or lands which are not covered by the Torrens system.
Registration of documents relating to unregistered or untitled
lands is governed by Sec. 113 of P.D. 1529 which provides:
Sec. 113 Recording of instruments relating to unregistered lands No deed, conveyance,
mortgage, or other voluntary instrument affecting
land not registered under the Torrens system shall be valid, except as between the partied thereto, unless
Sec. 113 cont
such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city which the land lies. a) The Register of Deeds of each province shall keep a Primary Entry Book and a Registration Book. Primary Book the entry numbers Names of the parties Nature of the document Date, hour and minute it was received and presented
Sec. 113 cont
such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city which the land lies. a) The Register of Deeds of each province shall keep a Primary Entry Book and a Registration Book. Registration Book registration is effected by any annotation in the
Registration Book
b) If, on the face of the instrument, it appears that it is sufficient in law, the ROD shall forthwith record the instrument in the manner provided herein. In case the ROD refuses its administration to
record, he should advise the party in writing of the
ground/s for his refusal, And the latter may appeal the matter to the
Administrator of LRA.
It shall be understood that any recording shall be without prejudice to a 3rd party with a better right.
