ii. Registration

Registration of title distinct from acquisition

The purpose of land registration is not the acquisition of lands but only the registration of title which the applicant already possessed over the land. (Republic v. CA, G.R. Nos. L-43105, L-43190, August 31, 1984)

Function of ROD ministerial in character

The function of the ROD with reference to registration of deeds, encumbrances, instruments, and the like is ministerial in nature, provided the applicant complies with all the requisites. (Baranda v. Gustilo, G.R. No. 81163, September 26, 1988)

Basic formal requirements of deeds and other voluntary instruments: (See P.D. 1529, § 112)

• In a public instrument
• Signed by the person/s executing the same
• Executed in the presence of least 2 witnesses present who shall also sign the same
• Acknowledged to be the free act and deed of the person/s executing the same before a notary public or other public officer authorized to take acknowledgement

It is enough that in the ROD’s opinion, an instrument is registrable for him to register it. The act being an administrative act does not contemplate notice to and hearing of interested parties. (Ledesma v. Villaseñor, G.R. No. L-18725, March 31, 1965)

The determination of whether a document is valid or not is a function that belongs to a court of competent jurisdiction and not to the ROD. (Almirol v. ROD of Agusan, G.R. No. L-22486, March 20, 1968)

Purpose in Recording a Lease

A lease DOES NOT have to be recorded in the Registry of Property to be binding between the parties.

Registration is useful only for the purposes of notifying strangers to the transaction. (NCC, Art. 1648) Registration is not essential for the validity of the contract but is needed to make it effective regarding third persons.

Summary of Rules

• If the amendment consists in the inclusion in the application for registration an area or parcel of land not previously included in the original application, as published, a new publication of the amended application must be made. The purpose of the new publication is to give notice to all persons concerned regarding the amended application.
• Without a new publication, the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application, and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land.
• But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published, a new publication is not necessary. In the latter case, the jurisdiction of the court is not affected by the failure of a new publication (Benin v. Tuason, G.R. No. L-26127, 1974).

Amendments in a petition that do not involve an addition but only a reduction of the original area that was published no longer require a republication because the amended area was already included in the first publication (Republic v. San Mateo, et al., G.R. No. 20356, Nov. 10, 2014). Citation for verification: Republic v. San Mateo is identified as G.R. No. 203560, November 10, 2014.

Hearing, Judgment, and Post-Judgment Incidents in Ordinary Land Registration