Title
Amendment on recording unregistered land deeds
Law
Act No. 3344
Decision Date
Dec 8, 1926
The amendment to the Revised Administrative Code requires the registration of instruments or deeds relating to unregistered real estate, with specific requirements and duties for the register of deeds, and establishes fees for their services.

Duties of the Register of Deeds Regarding Unregistered Real Estate

  • The Register of Deeds must maintain two specific books: a day book and a register book for unregistered real estate.
  • The form for these books is to be prepared by the Chief of the General Land Registration Office with approval from the Secretary of Justice.
  • The day book records the names of the parties, nature of the instrument, and exact time and date of receipt.
  • The register book includes detailed particulars including:
    • Names, ages, civil status, and residences of parties involved.
    • In case of marriage, the name of spouse.
    • Nature and conditions of the contract involved.
    • Description of the land: situation, boundaries, area in square meters, permanence and visibility of boundaries, and permanent improvements.
    • Assessment details: page number, assessed value of the property for the year of entry.
    • Identity of the notary or certifying officer.
    • Present possession details according to the instrument.
    • Notation that the land is not registered under Act No. 496 or the Spanish Mortgage Law.
    • Filing information including file number and acknowledgment of duplicate delivery.
    • Exact timestamp of instrument receipt.
  • Additionally, two index-books must be maintained for persons and estates respectively.

Registration Procedure and Conditions

  • Instruments related to unregistered real estate must be presented with duplicates equal to the number of interested parties.
  • The Register of Deeds must verify if the instrument meets all registration requirements.
  • Registration is allowed if:
    • No legitimate objections exist, or objections have been dismissed by final court judgment.
    • No valid prior entries in the register conflict wholly or partially with the instrument.
    • The instrument is not prohibited by Section 1452 of Act No. 2711 (Administrative Code).
  • If defects exist, the Register of Deeds must refuse registration, stating reasons in writing.
  • Registration under this section is without prejudice to third parties with better rights.

Fees for Registration

  • The Register of Deeds may collect in advance fees for registration services.
  • Fees are equivalent to those established for similar services involving instruments related to real estate under Section 114 of Act No. 496, as amended by Act No. 2866.

Repeal of Inconsistent Laws

  • All laws or parts of laws inconsistent with this Act are repealed.

Effectivity

  • The Act takes effect upon approval, December 8, 1926.

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