This case has been cited 3 times or more.
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2013-09-02 |
BERSAMIN, J. |
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| The second is that the annotation on TCT No. 84797 of the deed of sale with right to repurchase and the entry in the primary entry book of the Register of Deeds did not themselves establish the existence of the deed. They proved at best that a document purporting to be a deed of sale with right to repurchase had been registered with the Register of Deeds. Verily, the registration alone of the deed was not conclusive proof of its authenticity or its due execution by the registered owner of the property, which was precisely the issue in this case. The explanation for this is that registration, being a specie of notice, is simply a ministerial act by which an instrument is inscribed in the records of the Register of Deeds and annotated on the dorsal side of the certificate of title covering the land subject of the instrument.[35] It is relevant to mention that the law on land registration does not require that only valid instruments be registered, because the purpose of registration is only to give notice.[36] | |||||
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2012-01-25 |
LEONARDO-DE CASTRO, J. |
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| As regards the first consequence, this Court has applied the same in several cases. Thus, in the old cases of Levin v. Bass,[22] Potenciano v. Dineros,[23] and Development Bank of the Philippines v. Acting Register of Deeds of Nueva Ecija,[24] as well as in the fairly recent cases of Autocorp Group v. Court of Appeals,[25] Armed Forces and Police Mutual Benefit Association, Inc. v. Santiago,[26] and National Housing Authority v. Basa, Jr.,[27] we upheld the entry of instruments in the Primary Entry Book to be equivalent to registration despite even the failure to annotate said instruments in the corresponding certificates of title. | |||||
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2010-04-20 |
LEONARDO-DE CASTRO, J. |
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| In the recent case of Autocorp Group v. Court of Appeals,[49] the respondent was awarded the foreclosed parcels of land. A sheriff's certificate of sale was thereafter issued in its favor. Thereafter, petitioners in that case filed a complaint before the RTC with a prayer for the issuance of an ex parte TRO aimed at preventing the Register of Deeds from registering the said certificate of sale in the name of the respondent and from taking possession of the subject properties.[50] Before the RTC could issue a TRO, respondent presented the sheriff's certificate of sale to the Register of Deeds who entered the same certificate in the primary book, even if the registration fee was paid only the following day. Four days after, the RTC issued a TRO directing the Register of Deeds to refrain from registering the said sheriff's certificate of sale. A preliminary injunction was thereafter issued as the TRO was about to expire. The preliminary injunction was questioned by therein respondent. One of the main issues raised there was whether the entry of the certificate of sale in the primary book was equivalent to registration such that the TRO and the preliminary injunction issues would not lie anymore as the act sought to be restrained had become an accomplished act. The Court held that the TRO and the preliminary injunction had already become moot and academic by the earlier entry of the certificate of sale in the primary entry book which was tantamount to registration, thus: In fine, petitioner's prayer for the issuance of a writ of injunction, to prevent the register of deeds from registering the subject certificate of sale, had been rendered moot and academic by the valid entry of the instrument in the primary entry book. Such entry is equivalent to registration. Injunction would not lie anymore, as the act sought to be enjoined had already become a fait accompli or an accomplished act.[51] | |||||