Case Digest (G.R. No. L-20611)
Facts:
- Petitioners Aurelio Balbin and Francisco Balbin requested the annotation of a deed of donation on a duplicate copy of a registered owner's certificate of title.
- The Register of Deeds denied the request due to the existence of three other co-owner's duplicates of the title and the infirmity of the deed.
- The petitioners claimed that the issuance of the co-owner's duplicates was unauthorized or illegal.
Issue:
- (Unlock)
Ruling:
- The legality of the co-owner's duplicates is presumed until declared otherwise by a court of competent jurisdiction.
- The court emphasized the importance o...(Unlock)
Ratio:
- The court held that the legality of the co-owner's duplicates of the title is presumed until declared otherwise by a court of competent jurisdiction.
- The court emphasized the importance of maintaining the integrity of the duplicate copies of the title, as they should contain identical entries of transactions affecting the land covered by the title.
Issue:
- Whether or not the deed of donation, which involved a conjugal property, was legally defective.
Ruling:
- The deed of donation was legally defective as it exceeded the husband's share and had not undergone a liquidation of the partnership.
Ratio:
- The court found that the deed of donation, which involved a conjugal property, was legally defective as it exceeded the husband's share and had not undergone a liquidation of the partnership.
Issue:
- Whether or not the registration of the deed of donation should await the outcome of a pending case in the Court of First Instance of Ilocos Sur.
Ruling:
- The registration of the deed of donation could await the outcome of the pending case in the Court of First Instance of Ilocos Sur.
Ratio:
- The court noted that there ...continue reading
Case Digest (G.R. No. L-20611)
Facts:
In the case of Balbin v. Register of Deeds of Ilocos Sur, the petitioners, Aurelio Balbin and Francisco Balbin, submitted a duplicate copy of the registered owner's certificate of title and a deed of donation to the register of deeds of Ilocos Sur for annotation. The deed of donation involved the donation of an undivided two-thirds portion of a parcel of land by the registered owner, Cornelio Balbin, to the petitioners. However, the register of deeds denied the requested annotation, stating that there were three other copies of the title in existence and that the deed of donation was legally defective.
Issue:
The main issue in the case was whether the register of deeds was correct in denying the annotation of the deed of donation.
Ruling:
The court ruled in favor of the register of deeds, affirming the denial of the requested annotation.
Ratio:
The court held that Section 55 of Act 496 assumes that there is only one duplicate copy of the title, that of the registered owner, and its production is sufficient authority for the register of deeds to make the corresponding memorandum of registration. In this case, since there were three other copies of the ...