Registration of Untitled Land

Untitled Lands Unregistered Lands, lands not covered by Torrens titlesAll lands recorded under the registration system provided by the Spanish Mortgage Law which are not yet registered under the Torrens system and not yet covered by Torrens title shall be considered as unregistered lands. (PD 1529, Sec. 3)Registration of Untitled LandGoverning Laws:Section 194 of the Revised Administrative Code, as amended by Act No. 2837 and later Act No. 3344, December 8, 1926 Recording of instruments or deeds relating to real estate not registered under Act No. 496 (Land Registration Act) or under the Spanish Mortgage LawSection 113 of Property Registration Decree (PD 1529, June 11, 1978) Recording of Instruments relating to unregistered lands

Registration of Untitled LandAct No. 3344 No instrument or deed establishing, transmitting, acknowledging, modifying or extinguishing rights with respect to real estate not registered under the provisions of The Land Registration Act (Act No. 496), and its amendments, or under the Spanish Mortgage Law, shall be valid, except as between the parties thereto, until such instrument or deed has been registered, in the manner hereinafter prescribed, in the office of the Register of Deeds for the province or city where the real estate lies.

Registration of Untitled LandSec. 113 of PD 1529 - No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens system shall be valid, except as between the parties thereto, unless such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies.

P.D. 1529Sec. 113 (a)PRIMARY ENTRY BOOK or DAY BOOKREGISTRATION or REGISTER BOOK

Sec. 113 (b)If instrument is sufficient in law Register of Deeds shall record the instrumentIn case instrument has defects and its recording is refusedRegister of Deed shall advise the parties in interest of the grounds for his refusalmust be made in writingP.D. 1529Sec. 113 (b)

Appeal may be made in accordance with Sec. 117 of PD 1529Any recording made under this section shall be without prejudice to a third party with a better right.

Better right right which must have been acquired by a third party independently of the unregistered deed, and that it has no reference to rights acquired under that unregistered deed itself

P.D. 1529Sec. 113 (c)After recording on the Record Book, the Register of Deeds shall endorse among other things, upon the original of the recorded instruments, the file number and the date as well as the hour and minute when the document was received for recording as shown in the Primary Entry Book, return to the registrant or person in interest the duplicate of the instrument, with appropriate annotation, certifying that he has recorded the instrument after reserving one copy thereof to be furnished the provincial or city assessor as required by existing law.

P.D. 1529Sec. 113 (d)Tax sale, attachment and levy, notice of lis pendens, adverse claim and other instruments in the nature of involuntary dealings with respect to unregistered lands, if made in the form sufficient in law, shall likewise be admissible to record under this section.

*provision not found in Act No. 3344

P.D. 1529Sec. 113 (e)For the services to be rendered by the Register of Deeds under this section, he shall collect the same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands.Case NotesPriority of rights Registration under Act No. 3344 by the first buyer of an untitled land can have the effect of constructive notice to the second buyer that can defeat his right as such buyerOnly affects rights or interests subsequent to the registrationa notice only to future dealers of the landCase NotesSale; Donation of untitled lands the rule in priority in registration does not apply to unregistered land, whether the transaction be voluntary or involuntaryBy express provision of the law, registration of the deeds of unregistered lands is without prejudice to third party with a better right Case NotesRadiowealth Finance Company vs. Palileo, G.R. No. 83432. May 20, 1991Execution sale of unregistered landArticle 1544 of the Civil Code governing double sales of the same land does not apply to land not registered under the Land Registration ActUnder Act 3344, registration of instruments affecting unregistered lands is without prejudice to a third party with a better right. The mere registration of a sale in ones favor does not give him any right over the land if the vendor was not anymore the owner of the land having previously sold the same to somebody else even if the earlier sale was unrecorded.