Land registration Certif.

3. Work out with the local Assessor the orig. copy of

For legal research purposes of lawyers visiting this the Tax Dec.
blog, may I simplify hereinbelow the basic things to do 4. Gather all proofs of ownership deeds, contracts,
in handling a petition or application for original and special powers of attorney, etc.
cadastral land registration before the Regional Trial 5. Gather all proofs of payments of taxes - local real
Courts (RTC) of the Philippines. estate and transfer taxes and all BIR/national revenue
taxes involving the land and all related transactions.
6. Others.
Original Land Registration (ordinary and
cadastral); The petitioner must submit proof of service of a copy
Simplified Procedures. of the petition and its annexes on the Reg. Exec. Dir.
of the DENR (by way of Copy Furnished). Allege in
the petition. Attach affid. of service. (Sec. 17, Pd
Ref.: 1529).

1. 2002 Rev. Manual for Clerks of Court; see Court docket and filing fees pay to RTC OCC.
Appendix B (LRA Manual of Instructions [for clerks
of courts]); Publication fees (notice of initial hearing) pay to LRA
2. PD 1529, Sec. 14, et. seq. (Prop. Reg. Decree of docket section. Bring certified copy of the order. The
1978 [Orig. Reg.]); initial hearing is set not earlier than 45 days nor later
3. Act 2259 (Cadastral Act); than 90 days from the date of the issuance of the
4. CA No. 141 (Public Land Act). order. (Sec. 23, PD 1529).

Format of application/petition: read Sec. 15, PD Initial hearing:

1529.
1. Follow up the order of initial hearing.
Attachments to the petition (3 copies of petition to be 2. Follow up the publications of the order.
filed with RTC OCC): 3. During the initial hearing, move for general default
4. Later on, get copy of the order of gen. default.
1. Orig. plan in tracing cloth or diazo polyester film 5. During the initial hearing in open court, mark the
duly approved by the DENR Reg. Tech. Dir. proofs of juris. facts (see the Record of the case), to
2. In lieu thereof, a true copy of the said orig. plan wit:
attested and certified correct by the Reg. Tech. Dir. or 5.1. Order of initial hearing
his duly authorized official. 5.2. Letter of RTC BCC forwarding the case to the
3. Two white or blue print copies of the plan. LRA and the OSG
4. Orig. And two copies of the technical descriptions 5.3. Notices to the petitioner, adjoining owners,
certified by the Reg. Tech. Dir. or his authorized creditors, et. al.
official. Not merely signed by the Geod. Engr. 5.4. Sheriffs certificate of posting
5. Orig. and two copies of the Geod. Engr.s 5.5. Proofs of notice of initial hearing addressed to
certificate. In lieu thereof, a certification (orig. and two concerned govt agencies: CENRO, PENRO, DENR
copies) from the Reg. Tech. Dir. as to its non- Reg. Off., OSG, LRA, RD, et. al.
availability. 5.6. Two certificates/affids. of publication (Off. Gaz.
6. Tax Dec. or in lieu thereof, an affid. of 3 and a national newspaper). With orig. copies of the
disinterested person as to the market value of the printed issue/s.
land (Jud. Form 81). 5.7. Others (see the Record of the case and mark all
7. All orig. muniments of title of the petitioner which notices/orders related to the initial hearing, as well as
prove his ownership of the land. Not mandatory as all proofs of service thereof).
along as the docs can be produced before the court
during the trial.
Order of initial hearing must be issued within 5 days
Work to do before filing petition (secure orig. copies of from filing of petition (after raffle to the court branch).
the attachments to the petition):
Two copies of order of initial hearing are served on
1. Work out with the ofc. of the DENR Reg. Tech. Dir. the LRA within 15 days from issuance thereof. LRA
All the approved plans, tech. descrip., certif.. of non- shall arrange for its publication in the Off. Gaz. and in
availability of Geod. Engr.s certificate. a national newspaper (once only). Petitioner must pay
2. Work out with priv. Geod. Engr. the orig. copy of his publication fee to LRA docket section cashier. Get
OR. OSG Office of the Solicitor General
PD Presidential Decree
Fees see Sec. 111, PD 1529. To be collected by PENRO Provincial Environment and Natural
RTC OCC. Based on assessed value of land and Resources Office
improvements, per Tax Dec. or per joint affid. of 3 RTC Regional Trial Court
disinterested person as to its market value. Get OR. RD Register of Deeds
(See also new Rule 141, Legal Fees; and Rule 142, Reg. Exec. Dir. Regional Executive Director
Costs of Suit). Reg. Tech. Dir. Regional Technical Director
Reg. Off. _ Regional Office
Cost of publications. To be paid to the LRA, approx. Tax Dec. Tax Declaration
P1, 000 (Off. Gazz.). Fees of national newspaper
vary. Go to LRA docket section with certif. copy of
order of initial hearing, with court case/docket number, Prepared by:
for ref. of LRA cashier.

Upon gen. default, petitioner may move for ex parte Atty. Manuel J. Laserna Jr.
presentation of evid. before the BCC as Managing Partner, Laserna Cueva Mercader Law
commissioner. (Rule 32, Rules of Court). Offices (LCM Law)
Founder and Board Consultant, Las Pinas City Bar
The courts LRC Case No. (court docket no.) is Association (LPBA), Inc.
different from the LRAs Rec. No. The LRA Rec. No. is Prof. of Law, FEU, Manila (ret.)
set by LRA, not by the court. [email protected]
http://attylaserna.blogspot.com
http://lcmlaw.multiply.com
After trial, the final steps are:

1. Decision. Get certified copies. PROBATIVE VALUE OF A TORRENS

2. Get Certificate of Finality of Judgment from the TITLE
court staff.
3. File a motion for issuance of decree of reg. Attach
certificate of finality of judg. Notice of hearing.
4. Follow up the order granting the motion. A Torrens title is generally a conclusive evidence
5. Follow up the Decree of Reg. (to be issued by the of the ownership of the land referred to therein
LRA). Get certif. copy of the Decree from LRA. (Ching vs. Court of Appeals, 1990, 181 SCRA 9,
6. LRA forwards orig. of the Decree to local RD 18; Sec. 49, Act 496). It is settled that mere
concerned. Follow up status. Get certif. copy of possession cannot defeat the title of a holder of a
Decree from RD (optional). registered Torrens title to real property (J.M.
7. Follow up with RD the issuance of OCT. Pay the Tuazon & Co. Inc. vs. Court of Appeals, 1979,
RD reg. fees.
93SCRA 146 cited in Abad vs Court of Appeals,
8. Get owners duplic. copy of OCT from the RD.
1989, 179 SCRA 817, 826-827).
A Torrens certificate accumulates in one
Legend: document a precise and correct statement of the
exact status of the fee simple title which as
BCC Branch Clerk of Court owner possesses. The certificate, once issued, is
BIR - Bureau of Internal Revenue the evidence of the title which the ownerhas
CA Commonwealth Act (Legarda, et al., vs. Saleedy, 31 Phil. 590 [915].
CENRO Community Environment and Natural
Resources Office
DENR Department of Environment and Natural A Torrens title, once registered, cannot be
Resources defeated, even by adverse, open, and notorious
Geod. Engr. Geodetic Engineer possession. A registered title under the Torrens
LRA Land Registration Authority system cannot be defeated by prescription. The
LRC Land Registration Commission (old name of title, once registered, is noticed to the whole
LRA) world. All persons must take notice. No one can
Off. Gaz. Official Gazette plead ignorance of the registration (Egao vs.
OCC Office of the Clerk of Court
Court of Appeals, 1989, 174 SCRA 484, 492 citing
OCT Original Certificate of Title
OR Official Receipt Legarda vs. Saleeby, 31 Phil. 590, 595; See also
Sec. 46 of Act 496, Land Registration Act). Gonzales vs. Gonzaga vs. Court of Appeal, 261
SCRA 327)
4. In the case of a transfer certificate of title, the
same is enforceable in the hands of a holder in A land registration court has no jurisdiction to
good faith and for valuable consideration or an order the registration of land already decreed in
innocent purchaser for value. An innocent the name of another in earlier land registration
purchaser for value is deemed, under the case. (Laburada vs. Land Registration Authority,
Torrens system, to include an innocent lessee, 387 SCRA 333) a second decree for the same
mortgagee, or other encumbrances for value (Ibid land is, therefore, null and void (Metropolitan
citing Leung Yee vs. Strong Machinery Co., 37 Waterworks and Sewerage System vs. Court of
Phil. 644). Section 51, Paragraph 2 of the Property Appeal, 215 SCRA 783) once declared by a court
Registration Decree (P.D. 1529) of Land of competent jurisdiction, the Torrens System
Registration Act (Act No. 496). Title to the land is already a res judicata binding
on the whole world, the proceeding being in rem
5. Section 3 of Presidential Decree No. 1073 (Lahora vs. Dayanghirang, Jr., 37 SCRAA 346).
dated January 25, 1977 further provides: Section
3 the judicial confirmation of incomplete titles to Proceeding in rem. Judicial proceedings for the
public land based on unperfected Spanish Grants registration of lands throughout the Philippines
such as application for the purchase, prior to the shall be in rem, and shall be based on the
transfer or sovereignty from Spanish to the generally accepted principles underlying the
United State shall no longer be allowed. However, Torrens system. (P.D. 1529, Sec. 2)
P.D. 1529 should be read in conjunction with the
provisions of this section shall not be construed Land registration under the Torrens system is a
as prohibiting any person claiming the same land judicial proceeding in rem (P.D. 1529. Sec. 2),
under Section 48 ( and Section 48 (C) if intended to confirm and register the ownership or
title of a person over the land. (see Republic vs.
Reyes, 71 SCRA 450, 458; Development Bank of
he meets the conditions prescribed for Judicial the Phil. Vs. Court of Appeals, 331 SCRA 267,
confirmation of Torrens System. 281)

6. On July 7, 1989, Trial on the merits proceeded In rem proceedings such as land registration
against the private respondents Ocampo, Buhain constitutes constructive notice to the whole
and Dela Cruz, the lower court rendered world. (Calalang vs. Register of Deeds of Quezon
judgment dismissing the complaint on the subject City, 208 SCRA 215) (Machine copy is hereto
land claim in the history of the Philippines in the attached as NNEX and made an integral part
subject controversy in these consolidated cases of this paragraph.)
base on the following ground that; (a) private
respondent are already the registered owners of
the parcels of land covered by Torrens title which G.R. No. L-18276 January 12, 1967
cannot be defeated by the alleged Spanish title.
(b) To enjoy the presumption of validity as a last C. N. HODGES, petitioner-appellee,
hurrah to champion their claim to the vast state vs.
covered by the Spanish title. THE MUNICIPAL BOARD OF THE CITY OF ILOILO;
Honorable Rodolfo Ganzon, in his capacity as City
Mayor of the City of Iloilo; and the CITY OF
GENERAL RULE
ILOILO, respondents-appellants.

A certificate of titles is not conclusive evidence of

The registration with the registry of deeds of voluntary
title if the same land had already been registered
conveyances of real property under the Torrens
and an earlier certificate for the same is in
system is, in this jurisdiction, mainly controlled by the
existence whether wholly or partly, the certificate
Land Registration Act, Act 496, as amended. Amongst
that is earlier title in date prevails. (Heir of Luis J.
others, this statute provides that "... The act of
registration shall be the operative act to convey and subject to any claims asserted in the action and thereby
affect the land, and in all cases under this Act the its value might be diminished.
registration shall be made in the office of the register
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale
of deeds for the province or provinces or city where Group, Inc. All rights reserved.
the land lies" (section 50). The requirements for
deeds or other voluntary instruments of conveyance
to be registrable thereunder are specified in the law
(section 54) and, for purposes of registration, "The
production of the owner's duplicate certificate lis pendens (lease pen-dense) n. Latin for "a suit
pending," a written notice that a lawsuit has been filed
whenever any voluntary instrument is presented for
which concerns the title to real property or some interest
registration shall be conclusive authority from the in that real property. The lis pendens (or notice of
registered owner to the register of deeds to enter a pending action) is filed with the clerk of the court,
new certificate or to make a memorandum of certified that it has been filed, and then recorded with the
registration in accordance with such instrument, and county recorder. This gives notice to the defendant who
owns real estate that there is a claim on the property,
the new certificate or memorandum "shall be binding
and the recording informs the general public (and
upon the registered owner and upon all persons particularly anyone interested in buying or financing the
claiming under him, in favor of every purchaser for property) that there is this potential claim against it. The
value and in good faith ..." (section 55, par. 2). The lis pendens must include a legal description of the real
schedule of fees to be paid upon such registration is property, and the lawsuit must involve the property.
Otherwise, if there is a petition to remove the lis pendens
likewise therein set forth (section 114, sub-section C,
from real property not involved in the lawsuit, the plaintiff
as amended by Republic Act 928). In addition, who originally recorded a false lis pendens will be
Republic Act 456 also requires that "No voluntary subject to payment of attorneys fees as a penalty.
document by which real property or an interest therein Example: Joe Plumbob provides work and materials to
is sold, transferred, assigned, mortgaged or leased Smith's home, sues to enforce a mechanic's lien, but
records a lis pendens describing three other properties
shall be registered in the registry of property, unless owned by Smith; Plumbob can be penalized by court
the real estate taxes levied and actually due thereon order.
shall have been fully paid" (section 1); and, that
"Every document of transfer or alienation of real Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right
reserved.
property filed with the Register of Deeds shall be
accompanied with an extra copy of the same which
copy shall be transmitted by said officer to the city or
provincial assessor ... (section 2). As it thus results,
the Legislature appears to have specified the lis pendens noun filed notice, notice of an action,
minimum requirements for the registration of nooice of pending suit, notice of right, notice on file
conveyances of real property. Upon satisfaction of the
said requirements, it becomes the legal duty of the
Burton's Legal Thesaurus, 4E. Copyright 2007 by William C. Burton.
registrar to make the registration requested. No entity, Used with permission of The McGraw-Hill Companies, Inc.
it seems clear enough, except the Legislature itself,
may add to or detract from or otherwise alter or
amend the requirements it has so enumerated and
then only by the corresponding amendment of the
LIS PENDENS. The pendancy of a suit; the time
existing statutes or the enactment of new ones.
between which it is instituted and finally decided.
2. It has been decided that the mere serving of a
Lis Pendens subpoena in chancery, unless a bill be also filed, is not a
sufficient lis pendens, but the bill being filed, the lis
[Latin, Pending lawsuit.] A reference to the jurisdiction pendens commences from the service of the subpoena,
(or control) that courts obtain over property in a suit although that may not be returnable till the following term
awaiting action. 1 Vern. 318; and after a decree, final in its nature, there
remains no lis pendens. 1 Vern. 459.
A notice filed in the office of public records that the 3. It is a general rule, that lis pendens is a general
ownership of real property is the subject of a legal notice of an equity to all the world. 3 Atk. 343; 2 P. Wms.
controversy and that anyone who purchases it takes it 282; Amb. 676; 1 Vern. 286. Vide 2 Fonb. Eq. 152, note;
1 Supp. to Ves. jr. 284; 3 Rawle, R. 14; Pow. Mortg.
index, h.t.; 1 John. Ch. R. 566; 2 John. Ch. R. 158; 4
John. Ch. Rep. 83; 2 Rand. Rep. 93; 1 M'Cord, Ch. R.
264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5 Ham. Rep. 462;
4 Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R. 167,
170; 2 Edw. R. 115; 1 Hogan, R. 69; 6 Har. & John. 21; 2
Dana, R. 480; Jac. R. 202; 1 Russ. & My. 617 Corn. Dig.
Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq.
R. 479; 7 Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R.
560, 584; 14 Ohio, 109, 323.
4. When a defendant is arrested pending a former
suit or action, in which he was held to bail, he will not, in
general, be held to bail, if the second suit be for the
same cause of action. Grah. Pr. 98; Tro. & Hal. Pr. 44; 4
Yeates' R. 206. But under special circumstances, he
may be held to bail twice, and of these circumstances
the court will judge. 2 Miles, Rep. 99, 100, 142. See 14
John. R. 347. When such a second action is
commenced, the first ought to be discontinued and the
costs paid; but, it seems, it is sufficient if they are paid
before the replication of nul tiel record to a plea of autre
action pendant. in the second suit. Grah. Pr. 98; and see
1 John. Cas. 397; 7 Taunt. 151; 1 Marsh. R. 395; Merl.
Rep. Litispendance; 5 Ohio R. 462; 6 Ohio R. 225; 1
Blackf. R. 53; Id. 315; Autre action pendent; Bail;
Litigiosity.

A Law Dictionary, Adapted to the Constitution and Laws of the United

States. By John Bouvier. Published 1856.
 before that period from the delinquent
taxpayer alone.

Third. Any public highway or private

way established or recognized by law,
or any government irrigation canal or
lateral thereof, if the certificate of title
does not state that the boundaries of
such highway or irrigation canal or
lateral thereof have been determined.

Fourth. Any disposition of the property

or limitation on the use thereof by
MALACAANG
virtue of, or pursuant to, Presidential
Manila Decree

PRESIDENTIAL DECREE No. 1529 No. 27 or any other law or regulations on

agrarian reform.
AMENDING AND CODIFYING THE LAWS
RELATIVE TO REGISTRATION

OF PROPERTYAND FOR OTHER PURPOSES

ASSURANCE FUND
Section 44. Statutory liens affecting
title. Every registered owner receiving a Section 93. Contribution to Assurance Fund. Upon
certificate of title in pursuance of a the entry of a certificate of title in the name of the
decree of registration, and every registered owner, and also upon the original
subsequent purchaser of registered registration on the certificate of title of a building or
land taking a certificate of title for other improvements on the land covered by said
value and in good faith, shall hold the certificate, as well as upon the entry of a certificate
pursuant to any subsequent transfer of registered
same free from all encumbrances
land, there shall be paid to the Register of Deeds
except those noted in said certificate
one-fourth of one per cent of the assessed value of
and any of the following encumbrances
the real estate on the basis of the last assessment
which may be subsisting, namely:
for taxation purposes, as contribution to the
First. Liens, claims or rights arising or Assurance Fund. Where the land involved has not
existing under the laws and yet been assessed for taxation, its value for
Constitution of the Philippines which purposes of this decree shall be determined by the
are not by law required to appear of sworn declaration of two disinterested persons to
record in the Registry of Deeds in order the effect that the value fixed by them is to their
to be valid against subsequent knowledge, a fair valuation.
purchasers or encumbrancers of record.
Nothing in this section shall in any way preclude the
Second. Unpaid real estate taxes levied court from increasing the valuation of the property
and assessed within two years should it appear during the hearing that the value
immediately preceding the acquisition stated is too small.
of any right over the land by an
innocent purchaser for value, without Section 94. Custody and investment of fund. All
prejudice to the right of the money received by the Register of Deeds under the
government to collect taxes payable preceding section shall be paid to the National
Treasurer. He shall keep this money in an Assurance
Fund which may be invested in the manner and form > There must also be a showing of loss or damage or
authorized by law, and shall report annually to the deprivation of any land or interest thereon by the
Commissioner of the Budget the condition and operation of PD1529
income thereof.
> Where plaintiff is solely responsible for the plight in
The income of the Assurance Fund shall be added to which it finds itself, the Director of Lands and the
the principal until said fund amounts to five hundred National Treasurer are exempt from any liability
thousand pesos, in which event the excess income
from investments as well as from the collections of REQUISITES FOR RECOVERY
such fund shall be paid into the National Treasury to
the account of the Assurance Fund.
FROM THE ASSURANCE FUND
1. That a person sustains loss or damage, or is
Section 95. Action for compensation from funds. A
deprived of any estate or interest in land
person who, without negligence on his part,
sustains loss or damage, or is deprived of land or
2. On account of bringing of land under the
any estate or interest therein in consequence of the
operations of the Torrens system arising after the
bringing of the land under the operation of the
original registration
Torrens system of arising after original registration
of land, through fraud or in consequence of any
3. Through fraud, error, omission, mistake, or
error, omission, mistake or misdescription in any
misdescription in a certificate of title or entry or
certificate of title or in any entry or memorandum in
memorandum in the registration
the registration book, and who by the provisions of
this Decree is barred or otherwise precluded under
4. Without negligence on his part
the provision of any law from bringing an action for
the recovery of such land or the estate or interest
5. And is barred or precluded from bringing an
therein, may bring an action in any court of
action for the recovery of such land or estate or
competent jurisdiction for the recovery of damages
interest therein
to be paid out of the Assurance Fund.

CLAIMS AGAINST THE RECORDED MORTGAGE IS

ASSURANCE FUND PROTECTED EVEN IF TITLE IS
SUBSEQUENTLY NULLIFIED
> Section 95 provides a remedy where a person who
sustains loss or damage or is deprived of any estate or
Land Registration
Section 10 of Presidential Decree No. 1529, as
interest in land in consequence of the operations of the
amended provides for the duty of the Register of
Torrens system of registration, without negligence on his Deeds in so far registration of instruments are
part, may bring an action for the recovery of damages to concerned. It states, "It shall be the duty of
be paid out of the Assurance fund the Register of Deeds to immediately
register an instrument presented for
> Public policy demands that those unjustly deprived of registration dealing with real or
their rights over real property by reason of the operation personal property which complies with
of our registration laws be afforded remedies all the requisites for registration."

> According to the principles of the Torrens system, it is Now, can the Register of Deeds refuse
a condition sine que non that the person who brings an
registration of an instrument? Subsequent
portion of said section provides, "He shall see
action for damages against the Assurance fund be the
to it that said instrument bears the
registered owner, and as to holders of transfer
proper documentary and science stamps
certificates of title that they be innocent purchasers in and that the same are properly canceled.
good faith and for value If the instrument is not registerable, he
shall forthwith deny registration thereof A certain Register of Deeds denied the
and inform the presentor of such denial registration of the Deed of Absolute Sale
in writing, stating the ground or reason executed by a corporation sole on the ground
therefor, and advising him of his right to that Court Approval is necessary since the
appeal by consulta in accordance with Vendor being a corporation sole pursuant
Section 117 of this Decree." to Section 113 of Batas Pambansa Blg. 68,
the Corporation Code of the Philippines.
Clearly, when the Register of Deeds, for some
reason or another, refuse registration or Pursuant to Section 117 of Presidential Decree
annotation of a particular instrument, document No. 1529, otherwise known as the Property
or paper, the remedy provided by law is to appeal Registration Decree, we elevate the matter
by consulta said denial to the Land Registration toLand Registration Authority (LRA) by way
Authority. of consulta.

Here are the steps or procedure of appeal by

consulta: BASIS OF CONSULTA

1) The Register of Deeds shall notify the Section 117 of the Property Registration Decree
interested party in writing, setting forth the reads
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, Section 117. Procedure. When the Register of
he may, without withdrawing the documents
Deeds is in doubt with regard to the proper step
from the Registry, elevate the matter by Consulta
to the Administrator of the Land Registration to be taken or memorandum to be made in
Authority (LRA). pursuance of any deed, mortgage or other
instrument presented to him for registration, or
where any party in interest does not agree with
2) Within five {5) days from receipt of notice of the action taken by the Register of Deeds with
denial, the party-in-interest shall file his Consulta
with the Register of Deeds concerned and pay the reference to any such instrument, the question
consulta fee. shall be submitted to the Commissioner of Land
Registration by the Register of Deeds, or by the
3) After receipt of the Consulta and payment of party in interest thru the Register of Deeds.
the corresponding fee the Register of Deeds Where the instrument is denied registration, the
makes an annotation of the pending consulta at
the back of the certificate of title. Register of Deeds shall notify the interested party
4) The Register of Deeds then elevates the case in writing, setting forth the defects of the
to the LRA Administrator with certified records instrument or legal grounds relied upon, and
thereof and a summary of the facts and issues advising him that if he is not agreeable to such
involved. ruling, he may, without withdrawing the
documents from the Registry, elevate the matter
5) The LRA Administrator then conducts
hearings after due notice or may just require by consulta within five days from receipt of notice
parties to submit their memoranda. of the denial of registration to the Commissioner
of Land Registration.
6) After hearing, the LRA Administrator issues
an order prescribing the step to be taken or the
The Register of Deeds shall make a
memorandum to be made. His resolution in
consulta shall be conclusive and binding upon all memorandum of the pending consulta on the
Registers of Deeds unless reversed on appeal by certificate of title which shall be cancelled motu
the Court of Appeals or by the Supreme Court. proprio by the Register of Deeds after final
(Section 117, P.D. 1529). resolution or decision thereof, or before
resolution, if withdrawn by petitioner.
 notice of the application for leave to sell or
The Commissioner of Land Registration, mortgage has been given by publication or
considering the consulta and the records certified otherwise in such manner and for such time as
to him after notice to the parties and hearing, said court may have directed, and that it is to the
shall enter an order prescribing the step to be interest of the corporation that leave to sell or
taken or memorandum to be made. His mortgage should be granted. The application for
resolution or ruling in consultas shall be leave to sell or mortgage must be made by
conclusive and binding upon all Registers of petition, duly verified, by the chief archbishop,
Deeds, provided, that the party in interest who bishop, priest, minister, rabbi or presiding elder
disagrees with the final resolution, ruling or order acting as corporation sole, and may be opposed
of the Commissioner relative to consultas may by any member of the religious denomination,
appeal to the Court of Appeals within the period sect or church represented by the corporation
and in manner provided in Republic Act No. sole: Provided, That in cases where the rules,
5434. regulations and discipline of the religious
denomination, sect or church, religious society or
STATEMENT OF MATERIAL DATES order concerned represented by such corporation
sole regulate the method of acquiring, holding,
Include a statement that the corporation sole has
until a particular date (it should be within five selling and mortgaging real estate and personal
days)to elevate the matter by consulta to the property, such rules, regulations and discipline
Land Registration Authority. shall control, and the intervention of the courts
shall not be necessary. (portions in bold are
added for emphasis)
STATEMENT OF FACTS

2. Basing only on the first paragraph of the above

ISSUE quoted Section 113 of the Corporation Code,
Whether or not the Deed of Absolute Sale is the Register of Deeds is correct in his denial.
registrable, despite the absence of a Court However, he erroneously missed the proviso on
Approval allowing the corporation sole, to sell the
the same Section 113 that states Provided, That
Property?
in cases where the rules, regulations and
DISCUSSION discipline of the religious denomination, sect or
church, religious society or order concerned
1. Section 113 of the Corporation Code of the represented by such corporation sole regulate
Philippines was the basis for the denial of
the method of acquiring, holding, selling and
registration by the Register of Deeds. Section
113 is hereto quoted in full, as follows: mortgaging real estate and personal property,
such rules, regulations and discipline shall
control, and the intervention of the courts shall
Acquisition and alienation of property. - Any not be necessary.
corporation sole may purchase and hold real
estate and personal property for its church, 3. A corporation sole was organized and
charitable, benevolent or educational purposes, registered with the Securities and Exchange
and may receive bequests or gifts for such Commission, under the following provision of the
purposes. Such corporation may sell or mortgage Corporation Code of the Philippines
real property held by it by obtaining an order for (Corporation Code):
that purpose from the Court of First Instance of
the province where the property is situated upon SECTION 110. Corporation Sole. For the
proof made to the satisfaction of the court that purpose of administering and managing, as
trustee, the affairs, property and temporalities of absence of a Court Approval allowing LDS, being
any religious denomination, sect or church, a a corporation sole, to sell the Property.
corporation sole may be formed by the chief
archbishop, bishop, priest, minister, rabbi or other
presiding elder of such religious denomination, PRAYER
sect or church.
We therefore request that:
6. For the purpose of this consulta, it is
instructive to note that corporation sole described 1. The Land Registration Authority directs the
in Section 113 of the Corporation Code, may Register of Deeds to register the Deed of
purchase, hold and dispose of real estate and Absolute Sale between the parties--
personal property for its church, charitable,
benevolent or educational purposes. Moreover, 2. The Register of Deeds be further directed to
corporation sole has rules, regulations and cause the cancellation of Transfer Certificate of
discipline which regulates the method of Title No. and the issuance of a new title covering
acquiring, holding, selling and mortgaging real the ---square meters subject of the sale in favor
estate and personal property, such that the of the buyer.
existence of said rules, regulations and
discipline, the intervention of the courts shall not Based on LRA CIRCULAR No. 04-2005
be necessary as said rules, regulations and otherwise known as the Supplement to Rules
discipline would control. and Procedure on Consulta, it is directed that all
Consulta shall be filed directly with the Register
10. Since corporation sole rules, regulations and of Deeds concerned who shall endorse the same
discipline regulate the method of selling real to the LRA after payment of the required fees. No
estate property, such rules, regulations and consulta shall be entertained by LRA without the
discipline shall control, and the intervention of the required endorsement from the Register of
courts shall not be necessary. Hence, the Deed Deeds.
of Absolute Sale is registrable, despite the