Facts:

In the case of Aurelio Balbin and Francisco Balbin vs. Register of Deeds of Ilocos Sur (G.R. No. L-20611, May 8, 1969), the petitioners, Aurelio Balbin and Francisco Balbin, were seeking the annotation of a Deed of Donation inter vivos concerning a parcel of land registered under Original Certificate of Title No. 548. On November 15, 1961, the petitioners presented a duplicate copy of the said certificate to the Register of Deeds of Ilocos Sur along with the instrument detailing the donation from Cornelio Balbin, the registered owner of the property. Cornelio Balbin purportedly donated a two-thirds (2/3) undivided portion of the land, which covers a total area of 11.2225 hectares, to the petitioners. However, the Register of Deeds rejected this request, asserting that the documentation was "legally defective or otherwise not sufficient in law." The certificate had prior annotations regarding three separate sales of portions of the land made by Cornelio Balbin to differ

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Facts:

Presentation of Documents

• Petitioners, Aurelio Balbin and Francisco Balbin, presented a duplicate copy of the registered owner’s certificate of title (OCT No. 548) to the Register of Deeds of Ilocos Sur.
• They also submitted an instrument entitled “Deed of Donation inter-vivos” requesting that its contents be annotated on the title.

Details of the Donation Instrument

• The deed of donation purported to show that Cornelio Balbin, the registered owner of the property described in OCT No. 548, donated an undivided two-thirds (2/3) portion of the parcel in favor of the petitioners.
• The entire area of the land in issue measured 11.2225 hectares.

Prior Transactions Annotated on the Title

• The Original Certificate of Title contained previous annotations of three distinct sales executed by Cornelio Balbin, which involved the sale of undivided portions of the land.
• Specific annotated entries included:
• Entry No. 5658 – A sale for the sum of P400.00 to Florentino Gabayan for an undivided portion of 3.710 square meters, with a substitution of name for the vendee.
• Entry No. 5659 – A sale for the sum of P100.00 to Roberto Bravo, conveying an undivided portion of 16.713 square meters, with a corresponding name substitution.
• Entry No. 5660 – A sale for the sum of P400.00 to Juana Gabayan, conveying an undivided portion of 15.000 square meters, similarly substituting the vendee’s name.
• An accompanying memorandum stated that three co-owner duplicate certificates of title had been issued in the names of Florentino Gabayan, Roberto Bravo, and Juana Gabayan, based on a verbal instruction by Notary Public Andres Cabeldo on January 5, 1956, at Vigan, Ilocos Sur.

Refusal to Annotate and Subsequent Appeal

• The Register of Deeds denied the petitioners’ request to annotate the deed of donation on the duplicate title on the grounds that the submitted documents were “legally defective or otherwise not sufficient in law.”
• Unsatisfied with this decision, petitioners escalated the matter to the Commissioner of Land Registration.
• On April 10, 1962, the Commissioner of Land Registration upheld the action taken by the Register of Deeds, maintaining the refusal.

Legal Complications Noted

• It was observed that Cornelio Balbin, by having executed prior sales, was no longer the sole owner of the property; instead, three co-owner duplicate certificates existed alongside the owner’s duplicate.
• Petitioners argued that under Section 55 of Act 496, presenting the owner's duplicate should be sufficient for registration of a voluntary instrument.
• The existence of multiple duplicate certificates raised concerns about the integrity and uniformity required for proper annotation in the Torrens system.
• Additionally, the property was presumed to be conjugal (joint property of Cornelio Balbin and his deceased wife, Nemesia Mina), suggesting that any donation might require the prior liquidation of the conjugal partnership, especially if the donation involved an amount exceeding Cornelio Balbin’s share.

Issue:

Sufficiency of the Owner’s Duplicate for Annotation

• Whether the presentation of only the owner's duplicate certificate is sufficient to mandate the annotation of a deed of donation under Section 55 of Act 496.
• Petitioners contended that the section only references “registered owner” and thus does not require the presentation of the additional co-owner certificates.

Legality of the Issuance of Co-owner Duplicate Certificates

• Whether the issuance of the three co-owner duplicate certificates, reflecting prior sales, was unauthorized or illegal.
• Petitioners argued that these additional duplicates undermined their claim, while the presumption of legality applied until reversed by a court of competent jurisdiction.

Validity of the Donation Given the Donor’s Ownership and Conjugal Status

• Whether Cornelio Balbin, having previously sold portions of the property and being presumably in a conjugal partnership, had the lawful capacity to donate an undivided two-thirds portion of the property.
• Whether the donation exceeded his legitimate ownership share, particularly if the conjugal property principles require prior liquidation of the partnership before any conveyance.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)