Land Registration

Section 10 of Presidential Decree No. 1529, as amended provides for the duty of the Register of Deeds in so far registration of instruments are concerned. It states, "It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration."

Now, can the Register of Deeds refuse registration of an instrument? Subsequent portion of said section provides, "He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. If the instrument is not registerable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of this Decree."

Clearly, when the Register of Deeds, for some reason or another, refuse registration or annotation of a particular instrument, document or paper, the remedy provided by law is to appeal by consulta said denial to the Land Registration Authority.

Here are the steps or procedure of appeal by consulta:

1)     The Register of Deeds shall notify the interested party in writing, setting forth the defects of the instrument or the legal ground relied upon for denying the registration, and advising that if he is not agreeable to such ruling, he may, without withdrawing the documents from the Registry, elevate the matter by Consulta to the Administrator of the Land Registration Authority (LRA).
 

2)     Within five {5) days from receipt of notice of denial, the party-in-interest shall file his Consulta with the Register of Deeds concerned and pay the consulta fee.

3)     After receipt of the Consulta and payment of the corresponding fee the Register of Deeds makes an annotation of the pending consulta at the back of the certificate of title.
4)     The Register of Deeds then elevates the case to the LRA Administrator with certified records thereof and a summary of the facts and issues involved.

5)     The LRA Administrator then conducts hearings after due notice or may just require parties to submit their memoranda.

6)     After hearing, the LRA Administrator issues an order prescribing the step to be taken or the memorandum to be made. His resolution in consulta shall be conclusive and binding upon all Registers of Deeds unless reversed on appeal by the Court of Appeals or by the Supreme Court. (Section 117, P.D. 1529).