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    Registration, Purpose and Effect in General

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    Venice Santibañez
    Registration involves formally recording deeds or instruments involving real property. It provides constructive notice to all parties of transactions affecting the property's title. While registration does not confer better rights, it secures the grantee by preventing fraudulent claims from invalidating the transaction. Under the rule of notice, purchasers are presumed to have examined all recorded documents related to a property's title. Registration also does not cure defects in an otherwise invalid document. Illustrative cases show that prior registration takes precedence over unregistered claims, and that failure to register can undermine a purchaser's claim to a property's title. Jurisprudence affirms that registration guarantees title integrity under the Torrens system, but cannot validate fraudulent transactions.

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    Registration, Purpose and Effect in General

    Uploaded by

    Venice Santibañez
    38 views3 pages
    Registration involves formally recording deeds or instruments involving real property. It provides constructive notice to all parties of transactions affecting the property's title. While registration does not confer better rights, it secures the grantee by preventing fraudulent claims from invalidating the transaction. Under the rule of notice, purchasers are presumed to have examined all recorded documents related to a property's title. Registration also does not cure defects in an otherwise invalid document. Illustrative cases show that prior registration takes precedence over unregistered claims, and that failure to register can undermine a purchaser's claim to a property's title. Jurisprudence affirms that registration guarantees title integrity under the Torrens system, but cannot validate fraudulent transactions.

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    Registration involves formally recording deeds or instruments involving real property. It provides constructive notice to all parties of transactions affecting the property's title. While registration does not confer better rights, it secures the grantee by preventing fraudulent claims from invalidating the transaction. Under the rule of notice, purchasers are presumed to have examined all recorded documents related to a property's title. Registration also does not cure defects in an otherwise invalid document. Illustrative cases show that prior registration takes precedence over unregistered claims, and that failure to register can undermine a purchaser's claim to a property's title. Jurisprudence affirms that registration guarantees title integrity under the Torrens system, but cannot validate fraudulent transactions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views3 pages

    Registration, Purpose and Effect in General

    Uploaded by

    Venice Santibañez
    Registration involves formally recording deeds or instruments involving real property. It provides constructive notice to all parties of transactions affecting the property's title. While registration does not confer better rights, it secures the grantee by preventing fraudulent claims from invalidating the transaction. Under the rule of notice, purchasers are presumed to have examined all recorded documents related to a property's title. Registration also does not cure defects in an otherwise invalid document. Illustrative cases show that prior registration takes precedence over unregistered claims, and that failure to register can undermine a purchaser's claim to a property's title. Jurisprudence affirms that registration guarantees title integrity under the Torrens system, but cannot validate fraudulent transactions.

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    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)

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