Baranda vs. Gustilo

Baranda vs. Gustilo

GR No. 81163 September 26, 1988

FACTS: A parcel of land designated as Lot No. 4517 of the Cadastral Survey of Sta. Barbara, Iloilo covered by original certificate of title no. 6406 is the land subject of the dispute between petitioner (Eduardo S. Baranda and Alfonso Hitalia) and respondents(Gregorio Perez, Maria Gotera and Susan Silao). Both parties claimed ownership and possession over the said land. However during the trial, it was found that the transfer certificate of title held by respondents was fraudulently acquired. So the transfer certificate of title was ordered to be put in the name of petitioners. In compliance with the order or the RTC, the Acting Register of Deeds Avito Saclauso annotated the order declaring TCT T-25772 null and void, cancelled the same and issued new certificate of titles in the name of petitioners. However, by reason of a separate case pending in the Court of Appeals, a notice of lis pendens was annotated in the new certificate of title. This prompted the petitioners to move for the cancellation of the notice of lis pendens in the new certificates. Judge Tito Gustilo then ordered the Acting Register of Deeds for the cancellation of the notice of lis pendens but the Acting Register of Deeds filed a motion for reconsideration invoking Sec 77 of PD 1529.

ISSUE: What is the nature of the duty of the Register of Deeds to annotate or annul a notice of lis pendens in a Torrens certificate of title?

HELD: Judge Gustilo abused his discretion in sustaining the Acting Register of Deed’s stand that the notice of lis pendens cannot be cancelled on the ground of pendency of the case in the Court of Appeals. The function of the Register of Deeds with reference to the registration of deeds, encumbrances, instrument and the like is ministerial in nature. The acting register of deeds did not have any legal standing to file a motionfor reconsideration of the Judge’s Order directing him to cancel the notice of lis pendens. Sec. 10 of PD 1529 states that: “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. 

If the instrument is not registerable, he shall forthwith deny registration thereof and in form the presentor or such denial in writing, stating the ground and reasons therefore, and advising him of his right to appeal by consulta in accordance with Sec 117 of this decree.” On the other hand, Sec 117 of PD 117 states that: “When the Register of Deeds is in doubt with regard to the proper step to be taken or memoranda to be made in pursuance of any deed, mortgage or other instrument presented to him for registration or where any party in interest does not agree with the action taken by the Register of Deeds with reference to any such instrument, the question shall be submitted to the Commission of Land Registration by the Register of Deeds, or by the party in interest through the Register of Deeds.”