09 July 2015

TO: SMCFROM: CPVRE: Subsequent Registration of Instruments on Properties under the TorrensSystem______________________________________________________________________________

This memorandum is to address the question on whether or not all kinds of instruments can be subsequently registered and annotated on the title of registered property.

In particular, the query is concerned on what kind of instruments may be subsequently registered and annotated.

Presidential Decree No. 1529 (P.D. 1529),also known as the Property Registration Decree,governs the existing systems of registration which consists of original registration and subsequent registration.

Original registration takes place when the title to land is made of public record for the first time in the name of its lawful owner.

On the other hand, subsequent registration takes place when any deed or instrument affecting the land is made of public record after the date of its original registration. Subsequent registration may be a voluntary transaction or an involuntary transaction.

Voluntary Transactions

Section 51, Chapter V(I) of P.D. 1529 states, An owner of registered land may convey, mortgage, lease, charge or otherwise deal with the same in accordance with existing laws. He may use such forms of deeds, mortgages, leases or other voluntary instruments as are sufficient in law. x xx

Under the provision, voluntary dealings refer to deeds, instruments or documents which are the results of the free and voluntary acts of the parties, to wit:

1. Sale (Sections 51 and 57, P.D. No 1529)2. Real Property Mortgage (Articles 2085 and 2125, New Civil Code)3. Lease (Section 60, P.D. No. 1529)4. Extra-Judicial Settlement (Rule 74, Section 1, Rules of Court)5. Powers of Attorney (Section 64, P.D. No. 1529)6. Trust (Sections 65 to 68, P.D. No. 1529)

Involuntary Transactions

These are certain kinds of transactions affecting registered lands in which the registered owner thereof has no choice, the same being against his will. These transactions do not need the registered owners cooperation. Such transactions consist of the following:

1. Attachment (Section69, P.D. No. 1529)a. Preliminary Attachment (Rule 57, Rules of Court)b. Garnishment (Rule 39, Rules of Court)c. Levy on Execution (Rule 39, Rules of Court)2. Adverse Claim (Section 70, P.D. No 1529)3. Sale on Execution of Judgment or Sale for Taxes (Section 74, P.D. No. 1529)4. Notice of Lis Pendens (Sections 76 to 77, P.D. No. 1529)

Conclusion

Under Item No. 5 of LRC Circular No. 2 dated 10 July 1954, the Register of Deeds shall determine the registrability of a document actually presented to his office only by what appears on the face of the document. Where the document sought to be registered is sufficient in law and drawn up in accordance with the existing requirements, it becomes incumbent with the Register of Deeds to perform his ministerial duty without unnecessary delay.

However, such ministerial duty of the Register of Deeds, pertains only to those transactions that are registrable under the law.

Theabovementioned transactions, be it voluntary or involuntary, are expressly provided by the law to be registrable, hence, any other deed or instrument that will affect title to registered property shall only be allowed registration if and only when the same comes with a corresponding court order or judgment.