Case Digest (G.R. No. L-22486)
Facts:
In Teodoro Almirol v. The Register of Deeds of Agusan (131 Phil. 257, G.R. No. L-22486, March 20, 1968), petitioner Teodoro Almirol purchased on June 28, 1961, from Arcenio Abalo a parcel of land in Esperanza, Agusan, covered by Original Certificate of Title No. P-1237 in Abalo’s name, “married to Nicolasa M. Abalo.” In May 1962, Almirol presented the deed of sale to the Register of Deeds in Butuan City to secure a Transfer Certificate of Title in his name. By letter dated May 21, 1962, the Register refused registration on three grounds: (1) the property was presumed conjugal under the New Civil Code; (2) both spouses must sign deeds conveying conjugal property acquired after the Code’s effectivity; and (3) since the wife had died before the sale, the surviving husband lacked capacity to dispose of the entire conjugal estate without extrajudicial settlement and the consent of the heirs. Almirol then filed Special Civil Case No. 151 in the Court of First Instance of Agusan prayinCase Digest (G.R. No. L-22486)
Facts:
- Contract of Sale
- June 28, 1961 – Teodoro Almirol purchased a parcel of land in Esperanza, Agusan, from Arcenio Abalo.
- Land covered by Original Certificate of Title No. P-1237 in name of “Arcenio Abalo, married to Nicolasa M. Abalo.”
- Attempted Registration
- May 1962 – Almirol presented the deed of sale for registration with the Register of Deeds of Agusan.
- May 21, 1962 – Register of Deeds refused registration on grounds that:
- Title was conjugal property of Arcenio and Nicolasa Abalo.
- Under the New Civil Code, both spouses must sign sale documents.
- Wife Nicolasa had died before the sale; surviving husband could not dispose of entire conjugal property without extrajudicial settlement and heirs’ consent (LRC Consulta No. 46, June 10, 1958).
- Proceedings in the Court of First Instance
- Almirol filed a petition for mandamus to compel registration and issuance of transfer certificate, plus moral damages (₱5,000) and attorney’s fees (₱1,000).
- Respondent counter-claimed damages (₱10,000) and argued that Almirol had an administrative remedy under Section 4 of R.A. 1151.
- October 16, 1963 – CFI dismissed the petition, holding that mandamus was inappropriate because an adequate remedy existed by appealing to the Commissioner of Land Registration.
- Appeal to the Supreme Court
- Almirol appealed the dismissal.
- Issue presented: whether mandamus lies to compel the Register of Deeds to register the deed of sale.
Issues:
- Whether the Register of Deeds acted beyond his ministerial duty in refusing registration of the deed of sale.
- Whether mandamus is the proper remedy or if the administrative remedy under Section 4 of Republic Act No. 1151 must first be exhausted.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)