Dealings with Registered Lands Flashcards
What are the functions of the Register of Deeds?
The general functions of the Register of Deeds constitutes 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.
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. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled.
If the instrument is not registrable, 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.
What is the rule with regards to the ministerial duty of the Register of Deeds?
The function of a Register of Deeds with reference to the registration of deeds encumbrances, instruments, and the like is ministerial in nature. He 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 of Deeds to determine. The function belongs properly to a court of competent jurisdiction.
What is the rule regarding the elevation of doubts and controversies to the Administrator of Land Registration Authority / Appeal from decision of the Land Registration Authority?
What is the rule regarding the double sale of the same land? Who has the preferential or better rights over the property?
