GUIDE ANSWERS ONLY Quiz. No.

7
(Do not copy the exact answer)
Part. 1
1a.
The sale of the land of the land to Juan is not valid, being contrary to
law. Therefore, no transfer of ownership of the land was effected from the
delinquent taxpayer to him. The original certificates of title obtained by Maria
thru a free patent grant from the Bureau of Lands under Chapter VII, CA 141
is valid but in view of her delinquency, the said title is subject to the right of
the City Government to sell the land at public auction. The issuance of the
OCT did not exempt the land from the tax sales. Section 44 of P.O. No. 1529
provides that every registered owner receiving a Certificate of Title shall hold
the same free from encumbrances, subject to certain exemptions.
1b.
Juan may recover because he was not a party to the violation of the law.
1c.
No, the sale did not divest Maria of her title precisely because the sale is
void. It is as good as if no sale ever took place. In tax sales, the owner is
divested of his land initially upon award and issuance of a Certificate of Sale,
and finally after the lapse of the one-year period from the date of registration,
to redeem, upon execution by the treasurer of an instrument sufficient in form
and effects to convey the property. Maria remained owner of the land until
another tax sale is to be performed in favor of a qualified buyer.
2.
Distinctions (Levin v Bass)
Voluntary Dealings - refer to deeds, instruments or documents which are
results of the free and voluntary acts of the parties thereto. If the owner's
duplicate certificate be not surrendered and presented or if no payment of
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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.
Example: sale, real property mortgage, lease, pact de retro sale, extrajudicial
settlement, free patent/homestead, powers of attorney, trusts
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. Entry thereof in the day book is a sufficient
notice to all persons of such adversed claim.
Example: attachment, mandamus, sale on execution judgment or sales for
taxes, adverse claims, notice of lis pendens
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.
3.
The prevailing rule is that there is effective registration once the
registrant has fulfilled all that is needed of him for purposes of entry and
annotation, so that what is left to be accomplished lies solely on the register of
deeds.
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NHA followed the procedure in order to have its sheriffs certificate of sale
annotated in the transfer certificates of title. It was not NHAs fault that the
certificate of sale was not annotated on the transfer certificates of title which
were supposed to be in the custody of the Registrar, since the same were
burned. Neither could NHA be blamed for the fact that there were no
reconstituted titles available during the time of inscription as it had taken the
necessary steps in having the same reconstituted as early as July 15,
1988. NHA did everything within its power to assert its right.

Since entry of the certificate of sale was validly registered, the

redemption period accruing to respondents commenced therefrom, since the
one-year period of redemption is reckoned from the date of registration of the
certificate of sale.

4.
Section 52 of PD No. 1529 states that, 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.
In the case of AFP-MBA Inc vs. Santiago, the entry of the notice of levy
on attachment in the primary entry book or day book of the Registry of Deeds
on September 14, 1994 is sufficient notice to all persons, including the
respondent, that the land is already subject to an attachment. The earlier
registration of the notice of levy on attachment already binds the land insofar
as third persons are concerned. The fact that the deed of absolute sale was
dated February 24, 1994 is of no moment with regard to third persons.
The act of registration is the operative act to convey or affect the land
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insofar as third persons are concerned. Constructive notice is also created

upon registration of every conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land.
Superiority and preference in rights are given to the registration of the
levy on attachment; although the notice of attachment has not been noted on
the certificate of title, its notation in the book of entry of the Register of Deeds
produces all the effects which the law gives to its registration or inscription.

5.
Section 55 of PD No. 1529 provides that 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.
The following are the procedural requisites for registration in general
under Section 56 of 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.

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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.
PART II.
1. C
2. A
3. B
4. B
5. D
6. C
PART III.
1. FALSE (Nothing contained in this decree shall in any way be construed to
relieve registered land or the owners thereof from any rights incident to the
relation of husband and wife, landlord and tenant, or from liability to
attachment or levy on execution, or from liability to any lien of any description
established by law on the land and the buildings thereon, or on the interest of
the owner in such land or buildings, or to change the laws of descent, or the
rights of partition between co-owners, or the right to take the same by eminent
domain.
2. FALSE (Where a voluntary instrument cannot be registered by reason of the
refusal or failure of the holder to surrender the owners duplicate certificate of
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title, the party in interest may file a petition in court to compel surrender of the
same to the Register of Deeds.
3. FALSE (The court, after hearing, may order the registered owner or any
person withholding the duplicate to surrender the same, and direct the entry of
a new certificate upon such surrender.)

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