VOLUNTARY DEALINGS

 Refer to deeds, instruments or documents which are results of the free and voluntary acts of
the parties thereto

1) Sale
2) Real property mortgage
3) Lease
4) Pacto de retro sale
5) Extra judicial settlement
6) Free patent/home stead patent
7) Powers of attorney
8) trusts

REGISTRATION
 Registration is the operative act that conveys ownership or affects the land insofar
as third persons are concerned.
 Purpose: to notify the interests of strangers to a given
transaction, who may be ignorant thereof, and the non-
registration of the deed evidencing the said transaction does not
relieve the parties of their obligation.
 Registration in the public registry is notice to the whole world.

 Effect: it acquires the validity as a conveyance or lien from the

time of registration; and, as the law states that unless such act is
performed said deed does not serve as a deed of conveyance and
cannot bind the property, it follows that until then the registered
right of the owner subsists.
 Effect of failure: the purchaser does not necessarily lose his right
by his mere failure to register until after a third party has acquired
the land in good faith and for value has registered the subsequent
deed.
o Knowledge of an unregistered sale is equivalent to
registration.
 Even invalid instruments may be registered.
 No valid objection can be interposed to the
registration of a document by the register of
deeds who finds nothing defective or irregular
on its face upon an examination thereof.

Role of register of deeds:

 It has the ministerial duty to record the instrument.
 The register of deeds is not authorized to determine whether or not fraud is
committed in the instrument sought to be registered.

To register:
The voluntary instrument together with the owners duplicate certificate should be presented.
  The presentation of the owners duplicate shall be conclusive
authority from the registered owner to the Register of Deeds to enter
a new certificate.
 Reason: being a willful act of the registered owner, it is presumed
that he is interested in registering the instrument and would willingly
surrender his duplicate certificate of title to the Register of Deeds in
order to accomplish such registration.

If the owner refuses or fails to surrender his duplicate copy of the title:
The claimant may file with the register of deeds a statement setting forth his adverse claim and
file within the court as provided under Sec 107 of PD 1529, a petition to compel the surrender of
the certificate to the Register of Deeds.
After hearing, the court may take the following actions:
1. order the registered owner or any person withholding the duplicate certificate to surrender
the same, and direct the entry of a new certificate or memorandum upon such surrender;
or
2. If the registered owner or any person withholding the duplicate certificate refuses to
surrender the same or if for any Reason, the outstanding owner’s duplicate certificate
cannot be delivered, order the annulment of the same as well as the issuance of a new
certificate of title in lieu thereof.
 the issuance of a new transfer certificate of title by the Register of Deeds to the
purchaser, without the presentation of the owner’s duplicate, is unwarranted and
confers no right on the purchaser.
Forged deeds:
General rule:
A forged or fraudulent deed is a nullity and conveys no title.
 When the instrument presented is forged, even if accompanied by the owner’s
duplicate certificate of title, the registered owner does not thereby lose his title,
and neither does the assignee or the mortgagee, for that matter, acquire any right
or title to the property.
Exception:
a fraudulent or forged document of sale may become the root of a valid title if the
certificate of title has already been transferred from the name of the true owner to
the name of the forger or the name indicated by the forger.