PROCEEDINGS AFTER ORIGINAL REGISTRATION:

VOLUNTARY DEALINGS

GROUP 7
Land Titles and Deeds
Report

Voluntary and Involuntary Registration

A. Distinctions
Voluntary Dealings - refer to deeds, instruments or documents which are results of the free
and voluntary acts of the parties thereto
- e.g. sale, real property mortgage, lease, pact de retro sale, extrajudicial settlement, free
patent/homestead, powers of attorney, trusts
- if the owner's duplicate certificate be not surrendered and presented or if no payment of
registration fees be made within 15 days, entry in the day book of the deed of sale does not operate to
convey and affect the land sold.(Levin v Bass)
Involuntary Dealings - refer to such writ order or process issued by a court of record affecting
registered land which by law should be registered to be effective, and also to such instruments which
are not the willful acts of the registered owner and which may have been executed even without his
knowledge or against his consent.
- e.g. attachment, mandamus, sale on execution judgment or sales for taxes, adverse claims,
notice of lis pendens
- entry thereof in the day book is a sufficient notice to all persons of such adversed
claim.(Levin v Bass)
B. Effects(Garcia v CA)
Voluntary Registration - an innocent purchaser for value of registered land becomes the
registered owner, and, in contemplation of law the holder of a certificate of title, the moment he
presents and files a duly notarized and valid deed of sale and the same is entered in the day book and
at the same time he surrenders or presents the owner's duplicate certificate of title covering the land
sold and pays the registration fees, because what remains to be done lies not within his power to
perform. The register of deeds is duty bound to perform it.
Involuntary Registration - an entry thereof in the day book is a sufficient notice to all persons
even if the owner's duplicate certificate of title is not presented to the register of deeds.
Necessity and Effects of Registration in general
A. Second Paragraph, Section 51, PD No. 1529: Operative Act of Conveyance
The act of registration shall be the operative act to convey or affect the land insofar as third
persons are concerned,. . .
B. NHA v Basa, Jr.
. . . mere entry in the primary book was considered sufficient registration. . .
. . .entry alone produces the effect of registration, whether the transaction entered is a
voluntary or an involuntary one, so long as the registrant has complied with all that is required of him
for purposes of entry and annotation, and nothing more remains to be done but a duty incumbent
solely on the register of deeds.
C. Section 52, PD No, 1529: Constructive Notice
Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry
affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds for
the province or city where the land to which it relates lies, be constructive notice to all persons from
the time of such registering, filing or entering.

D. Campillo v CA
It is only the act of registering the instrument in the Registry of Deeds for the province or city
where the land lies which is the operative act that conveys ownership or affects the land insofar as 3rd
persons are concerned
Formal and Procedural Requisites for Registration in general
A. Section 55, PD No. 1529: Formal Requisites
What a deed or other voluntary instrument presented to the Register of Deeds for registration
shall contain:
If the grantee is an natural person: full name, nationality, status, residence, and postal address
of the grantee or person acquiring interest under such instrument.
If the grantee is a corporation or association: a statement that it is legally qualified to acquire
private lands.
B. Section 56, PD No. 1529
1 The Register of Deeds(RD) shall keep a primary entry book
2 Upon payment of the entry fee, the RD shall enter in the book all instruments including
copies of writs and processes filed with him.
3 RD shall note the date, hour, and minute of reception of all instruments, in the order in which
they were received.
4 The instruments shall be deemed registered from the time so noted.
5 Every deed or other instrument filed with the RD shall be numbered and indexed and
endorsed with a reference to the certificate of title.
6 All deeds and voluntary instruments shall be presented with their respective copies
7 Certified copies of all instruments filed and registered may also be obtained from the RD
upon payment of the prescribed fees.
C. Mingoa v LRC
The date of mailing by registered mail is the date of filing for purposes of registration.
Registration of deeds of sale or conveyance and transfers
A. Registration Procedure
Entire Property, Section 57, PD No. 1529
1 Grantor shall execute and register a deed of conveyance in a form sufficient in law
2 RD shall make in the registration book a new certificate of title to the grantee and shall
deliver to him an owners duplicate certificate
3 RD shall note on the original and duplicate certificate the date of transfer, the volume and
page of the registration book and a reference by number to the last preceding certificate.
4 The original and the owners duplicate of the grantors certificate shall be stamped
cancelled
5 The deed of conveyance shall be filled and endorsed with the number and place of
registration of the certificate of title.
Additional Requirements; Only a Portion of the Property, Section 58, PD No. 1529
1 Verification and approval of the plan of the entire land showing all the portions into which it
has been subdivided and the corresponding technical descriptions (pursuant to Section 50)
2 Annotation of the deed of conveyance via memorandum upon the grantors original and
duplicate certificate of title
3 Pending the actual issuance of a certificate in the grantees, the memorandum shall serve as
a notice to third persons that he has a title to the portion conveyed to him.

4 After approval(see #1), the original of the plan and certified copy of the technical description
shall be filed with the RD for annotation in the certificate of title.
5 RD shall issue a new certificate of title to the grantee for the portion conveyed and shall
cancel the grantors certificate of title partially with respect only to said portion conveyed, or, if the
grantor so desires, his certificate shall be cancelled totally and a new one issued to him describing the
remaining portion.
B. Section 59, PD No. 1529
Encumbrances or annotations appearing in the registry book at the time of transfer shall be
carried over the the new certificate.
C. Doctrine: Buyer need not go beyond the certificate of title
. . . person dealing with registered land is not required to go behind the register to determine
the condition of the property. He is only charged with notice of the burdens on the property which are
noted on the face of the register or the certificate of title. To require him to do more is to defeat one of
the primary objects of the Torrens system. (Ibarra v Ibarra, Sr.)
. . .one who deals with property regis- tered under the Torren system need not go beyond the
same, but only has to rely on the title, he is charged with notice only of such burden and claims as are
annotated on the title. (Santos v CA)
Since the act of registration is the operative act to convey or affect the land insofar as third
persons are concerned, it follows that where there is nothing in the certificate of title to indicate any
cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not
required to explore farther than what the Torrens title upon its face indicates in quest for any hidden
defect or inchoate right that may subsequently defeat his right thereto.
D. Exception
. . .when the party has actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry, (Santos vs. CA, supra.) or when the purchaser has
knowledge of defect or the lack of title in his vendor or of sufficient facts to induce a reasonably
prudent man to inquire into the status of the title of the property in litigation. (SIHI vs. CA)
*in these instances, if the buyer has knowledge of such facts and still pushes through with the
transaction, he is not deemed in good faith.
E. Buyer in Good Faith
A purchaser in good faith is one who buys the property of an- other, without notice that some
other person has right to, or interest in, such property and pays notice of the claim or interest of some
other persons in the property.
He buys the property with the belief that the person from whom he receives the thing was the
owner and could convey title to the property. (Duran vs. IAC)
Good faith, while it is always to be presumed in the absence of proof to the contrary, requires
a well-founded belief that the person from whom title was received was himself the owner of the land,
with the right to convey it (Santiago vs. Cruz)
F. Good Faith Purchase does not protect Buyer if the land is unregistered
Good faith purchase may be availed of only where registered land is involved and the buyer
had relied in good faith on the clear title of the registered owner. One who purchases an unregistered
land does so at his peril His claim of having bought the land in good faith, i.e. without notice that some
other person has a right to, or interest in, the property, would not protect him if it turns out that the
seller does not actually own the property.(David v Bandin)