PROPERTY

DIGESTS (2013 2014)

ATTY. VIVENCIO ABANO

G.R. No. L-22486 March 20, 1968 ALMIROL v. REGISTRY OF DEEDS Plaintiffs: TEODORO ALMIROL Defendant: THE REGISTER OF DEEDS OF AGUSAN CASE: Teodoro Almirol purchased a piece of land from Arcenio Abalo, but the Register of Deeds refused to issue a title in his name because the sale is invalid since the property is conjugal property. For it to be sold, the sale must be with permission of the heirs (after partition, since Abalos wife is dead). The Court ruled that the Register of Deeds cannot be compelled by mandamus to issue a certificate of title because Almirol has not yet availed of the administrative remedy provided for in Section 4, R.A. No, 1151 providing that the issue may be appealed to the Commissioner of Land Registration who in turn will give a conclusive order on the question which binds all Register of Deeds. DOCTRINE: The purpose of registration is merely to give notice, then questions regarding the effect or invalidity of instruments are expected to be decided after, not before, registration. It must follow as a necessary consequence that registration must first be allowed, and validity or effect litigated afterwards. BACKGROUND: June 28, 1961 Teodoro Almirol purchased from Arcenio Abalo a parcel of land situated Esperanza, Agusan which was covered by original certificate of title P-1237 in the name of "Arcenio Abalo, married to Nicolasa M. Abalo." May 1962 Almirol went to the office of the Register of Deeds of Agusan in Butuan City to register the deed of sale and to secure in his name a transfer certificate of title. Registration was

refused by the Register of Deeds on the ground that the property is conjugal, and since the sale was made after the death of Nicolasa Abalo, the sale cannot be made without partition of the property and consent/ratification of the heirs. Almirol filed a petition for mandamus with the Court of First Instance to compel the Register of Deeds to register the deed of sale and to issue to him the corresponding transfer certificate of title, and asked for damages. October 16, 1963 The court dismissed the petition stating that Section 4, R.A. No. 1151 provides for the remedy.

ISSUES TO BE RESOLVED: 1. Whether or not mandamus will lie to compel the respondent to register the deed of sale in question. RESOLUTIONS AND ARGUMENTS ISSUE 1 Whether or not mandamus will lie to compel the respondent to register the deed of sale in question. NO. Although the reasons relied upon by the respondent evidence a sincere desire on his part to maintain inviolate the law on succession and transmission of rights over real properties, these do not constitute legal grounds for his refusal to register the deed. Major Point 1: Whether a document is valid or not, is not for the register of deeds to determine; this function belongs properly to a court of competent jurisdiction. The CFI correctly dismissed the petition for mandamus. Section 4 provides that "where any party in interest does not agree with the Register of Deeds . . . the question shall be submitted to the Commissioner of Land Registration," who thereafter shall "enter an order prescribing the step to be taken or memorandum to be made," which shall be "conclusive and binding upon all Registers of Deeds."

RACHELLE ANNE GUTIERREZ

PROPERTY DIGESTS (2013 2014)

ATTY. VIVENCIO ABANO

FINAL VERDICT: The administrative remedy provided for by Section 4, R.A. No. 1151 must be resorted to by the petitioner before he can have recourse to the courts. NO SEPARATE OPINIONS

RACHELLE ANNE GUTIERREZ