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No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under
the Torrens systems shall be valid, except as between the parties thereto, unless such instrument shall
have been recorded in the manner herein prescribed in the office of the Register of Deeds for the
province or city where the land lies (P. D. 1529, Sec. 113).
The provision cannot be interpreted to include conveyances made by ministerial officers, such as sheriff's
deeds. It contemplates only such instuments as may be created by agreement of the parties.The
provisions of Act No. 3344 do not apply to judicial sales.
Registration under Sec. 113 cannot defeat a person with a better right
Reason: Registration under Sec. 113 of Act 3344 is not preceded by any investigation, whether judicial or
administrative, as to the validity or the efficacy of the title sought to be recorded.
"Better right"
Refers to a right which must have been acquired by a third party independently of the unregistered
deed, such, for instance, as title by prescription, and that it has no reference to rights acquired under
that unregistered deed itself.
Where registered land has been the subject of a transaction and this was recorded under Act no. 3344,
such recording does not bind third persons since registration thereunder refers to properties not
registered under the Land Registration Act, and hence, not effective for purposes of Art 1544 of the Civil
Code on double sales.
A registration of a deed of mortgage in the unregistered land register is without prejudice to third parties
with a better right.
1. Between the parties- even if the transaction is not registered, the contract is valid and binding.
2.As among third persons- the law requires that in order for the transaction to be binding to third
persons, the same must be registered.
2. If found:
a. in order, register.
Registration under Act. 3344 does not afford full protection, and the title registered in accordance
therewith must yield to a prior and valid title, though unregistered, for registration under said Act can
only affect rights or interests subsequent to the registration. It is a notice only to future dealers of the
land.
As a matter of precaution, a 'would-be purhaser of an unregistered land should ascertain for himself
whether the seller is, at the time of the transaction, still the owner of the property, and the most
practical way of ascertaining such fact is to proceed to the land to find out the persons in actual
possession thereof and to inquire from them in what capacity they possess and occupy the land. The
rule that the purchaser is not required to explore further than what the record in the Registry indicates
upon its face in quest of any hidden defect or inchoate right which may subequently defeat his right
thereto refers only to property registered under the Torrens system.
The Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration Book.
The Primary Entry Book shall contain, among other particulars, the entry number, the names of the
parties, the nature of the document, the date, hour, and minute it was presented and received. The
recording of the deed and other instruments relating to unregistered lands shall be effected by any of
annotation on the space provided therefor in the Registration Book, after the same shall have been
entered in the Primary Entry Book(P. D. 1529, Sec. 113, par. a).
Provides spaces whereon to enter the names of the parties, the nature of the instrument or deed for
which registration is requested, the hour and minute, date and month of the year when the instrument
is received.
If, on the face of the instrument, it appears that it is sufficient in law, the Register of Deeds shall
forthwith record the instrument in the manner provided herein. In case the Register of Deeds refuses its
administration to record, said official shall advise the party in interest in writing of the ground or grounds
for his refusal, and the latter may appeal the matter to the Commissioner of Land Registration in
accordance with the provisions of Section 117 of P. D. 1529. It shall be understood that any recording
made under this section shall be without prejudice to a third party with a better right (P. D. 1529, Sec.
113(b)).
Tax sale, attachment and levy, notice of lis pendens, adverse claim and other instruments in the nature
of involuntary dealings with respect to unregistered lands, if made in the form sufficient in law, shall
likewise be admissible to record under this section (P. D. 1529, Sec. 113(b)).