Sulitizens and Law School

While I'm busy linking sulit.com.ph to my other blogs, I might as well consider that other sulitizens are also in law school. Hmm. I should find out.

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by Sulit.com.ph (kanshu)

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. The respondent Acting Register of Deeds did not have any legal standing to file a motion for reconsideration of the respondent Judge's Order directing him to cancel the notice of lis pendens annotated in the certificates of titles of the petitioners over the subject parcel of land. In case of doubt as to the proper step to be taken in pursuance of any deed ... or other instrument presented to him, he should have asked the opinion of the Commissioner of Land Registration now, the Administrator of the National Land Title and Deeds Registration Administration in accordance with Section 117 of Presidential Decree No. 1529.

—Baranda vs. Gustilo, 1988

Torrens System of Land Registration

The real purpose of Torrens system of land registration is to quiet title to the land and put a stop forever to any question of the legality of the title. Once a title is registered, the owner may rest secure without the necessity of waiting in the portals of the court to avoid the possibility of losing his land.

The real purpose of Torrens system of land registration is to quiet title to land; to put a stop forever to any question of the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto. Once a title is registered the owner may rest secure, without the necessity of waiting in the portals of the court to avoid the possibility of losing his land.

—Legarda vs. Saleeby, 1915

The main purpose of the Torrens system is to avoid possible conflicts of title to real estate and to facilitate transactions relative thereto by giving the public the right to rely upon the face of a Torrens certificate of title and to dispense with the need of inquiring further, except when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.

—Traders Royal Bank vs. Court of Appeals, 1999

LLB 221 - Land Titles & Deeds

Land Titles & Deeds is a study of property registration under the Torrens system and the Property Registration Decree (PD 1529).

Professor: Atty. Gimarino

Laws and Jurisprudence
cases | laws

Definition of Terms
fee simple | indefeasible | lis pendens

Legal Concepts and Principles
double sale | equitable estoppel | imperfect title | innocent purchaser for value | in rem | jura regalia | patrimonial property | reconveyance | Register of Deeds | Torrens system |

Padilla vs. COMELEC

Governor (P) vs. COMELEC (D)
GR 103328, October 19,1992 (214 SCRA 735)	[T]

Summary: A plebiscite for a newly created municipality was conducted and the voters rejected its creation. The governor questioned the result and challenged the inclusion of the voters of the mother municipality in the plebiscite.

Rule of Law: No province, city, municipality, or barangay may be created, divided, merged, abolished or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to the approval by the majority of the votes cast in a plebiscite in the political units directly affected—Section 10, Article X, 1987 Constitution.

Facts: Republic Act No. 7155 created the new municipality of Tulay-Na-Lupa in the Province of Camarines Norte and pursuant to this law, the COMELEC (D) conducted a plebiscite for its approval. In its resolution for the conduct of the plebiscite, the COMELEC (D) included all the voters of the Municipality of Labo—the parent unit of the new municipality.

The result of the plebiscite showed that the majority rejected the creation of the new Municipality of Tulay-Na-Lupa. The governor, Hon. Roy Padilla, Jr. (P), petitioned the court to set aside the result arguing that the phrase "political units directly affected" in Section 10, Article X of the 1987 Constitution does not include the parent political unit—the Municipality of Labo.

Issues: Is the result of the plebiscite valid?

Ruling: Yes. When the law states that the plebiscite shall be conducted "in the political units directly affected," it means that residents of the political entity who would be economically dislocated by the separation thereof have a right to vote in said plebiscite. What is contemplated by the phrase "political units directly affected," is the plurality of political units which would participate in the plebiscite. Logically, those to be included in such political areas are the inhabitants of the proposed Municipality of Tulay-Na-Lupa as well as those living in the the parent Municipality of Labo, Camarines Norte.