GR No. L-22486
March 20, 1968
Facts
Petitioner bought from Arcenio Abalo a parcel of land covered by an original certificate of title in the name of “Arcenio Abalo, married to Nicolasa M. Abalo.” He sought to register the deed of sale and to secure in his name a transfer certificate of title. However, the Register of Deeds refused such registration on the grounds that the property is a conjugal property, hence, it needs the signature of both spouses. The Register of Deeds contended that since the wife has already died when the sale was made, the surviving husband cannot dispose of the whole property without first liquidating and transferring the property to the surviving spouses and the heirs of the deceased.
Issue
Whether or not the Register of Deeds can refuse registration.
Held
No. The validity or invalidity of the documents is not for the register of deeds to determine; this function belongs properly to a court of competent jurisdiction. Section 4 of Republic Act 1151 precludes a register of deeds from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid. Under the afore-mentioned Section, when the Register of Deeds is in doubt as to the proper step to be taken with respect to any deed or other instrument presented to him for registration, all that he is supposed to do is to submit and certify the question to the Commissioner of Land Registration who shall, after notice and hearing, enter an order prescribing the step to be taken on the doubtful question.
Hence, the remedy of the petitioner is the administrative remedy provided under Section 4 of RA 1151 which states that “where any party in interest does not agree with the Register of Deeds .. the question shall be submitted to the Commissioner of Land Registration,” who thereafter shall “enter an order prescribing the step to be taken or memorandum to be made,” which shall be “conclusive and binding upon all Registers of Deeds.”