Registration, purpose and effect in general.

(Land Titles and Deeds)

Saturday, 8:00-11:00am

Submitted to: Atty. A. Bacatan

Submitted by: Venice Joy Ybanez-Santisteban

I.

Meaning of Registration
Registration means the entry of instruments or deeds in a book or public registry. To register means to enter in a register; to
record formally and distinctly; to enrol; to enter in a list.

II.

Brief Discussion
It is an elementary rule that REGISTRATION is only a form of giving notice. This means that registration is not necessary
to give legal binding effects to parties but rather to give a constructive notice to the world that such dealings involving real
property took place and that all those who might have a claim may present themselves and in effect finally put to rest
questions about the right or title to the property involved. In this way, the grantee is secured that indeed the transaction can no
longer be held vulnerable to fraudulent claims, and possible conflicts of title in real estate is avoided and that transactions
related thereto is facilitated.
Under the RULE OF NOTICE, it is irrefutably presumed that the purchaser has examined every instrument of record
affecting the title. This rule is important because without such presumption, the purpose of registration is defeated.
Also, registration does not confer a better right than what the instrument or deed has. It means that registration of an invalid
or legally defective document will not render it valid not cure its defects. It must be noted that registration is not a mode of
acquiring ownership but merely an evidence of such title over a particular immovable.

III.

Illustration of Principles
Fact: Deigo, without checking upon the veracity of the title, bought a parcel of land from Jose through a private document.
Case 1: Diego right away applied for registration and was granted registration. Subsequently Jose sold the same lot to
Maria. In this case the prior registration of Diego to the sale served as notice to the world that Jose no longer has a tittle to the
lot and that any subsequent transaction relative thereto with Jose is no longer valid.
Case 2: Said parcel of land was under the name of Jose indeed but was mortgaged to PNB. When Jose was unable to pay
PNB the mortgage was foreclosed. In this case, any claim of Deigo to the land, without prejudice to other remedies of law,
will not prosper because he did not check if the land has a clean title which was incumbent upon him and he can not use good
faith because the rule on notice is irrefutable.
Case 3: The sale was not registered by Diego. After the said sale, Jose sold the same parcel of land to Maria who was in
good faith and registered the sale and the certificate of title under the her name was issued. In this case, Diego cannot seek to
rescind the sale to Maria because he failed to register the sale but Maria was able to to and in good faith.

IV.

Jurisprudence applying the principles

Antonio, et al vs Estrella GR 73319, Dec. 1, 1987
While under the Torrens System, registration is the opertative act that binds the land, and in absence of record, there is only
a contract that binds the parties thereto, without affecting the rights of strangers to such contract, actual knowledge thereof by
third persons is equivalent to registration.
Reyes vs CA GR L-22331, June 6, 1967
Facts: To secure an obligation, a house owner sold it a retro to X (the evident purpose was to create an equitable mortgage):
This sale a retro was unrecorded. Later, the owner mortgaged the same property to Y. This time the Mortgage was registered.
Which mortgagee is preferred?
Held: The second mortgagee is preferred because the mortgage is in his favor was registered. It would have been different
had the equitable mortgage (in the quise of the pacto de retro sale) been registered.
Balangcad vs Justices of CA 206 SCRA 169, 1992
The Torrens System is intended to guarantee the integtrity and conclusiveness of the certificate of registration but it cannot
be used for the perpetratrion of fruad against the real owner of the registered land

Dino vs CA 213 SCRA 422 (1992)

Where the certificate of title was already in the name of the forger when the land was sold to an innocent purchaser, the
vendee has the right to rely on what appeared in the certificate and, in the absence of anything to excite suspicion, was under
no obligation to look beyond the certificate and investigate the title of the vendor appearing on the face of the said certificate.
V. References
Land Titles and Deeds (Justice Oswaldo Agcaoili)
Land Titles and Deeds (
)
Civil Code of the Philippines (Edgardo Paras)