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REPUBLIKA NG PILIPINAS
KAGAWARAN NG KATARUNGAN
PANGASIWAAN SA PATALAAN NG LUPAIN
(LAND REGISTRATION AUTHORITY)
East Avenue cor. NIA Road
Quezon City
Registry of Deeds for Makati City

Consulta No:______
CHRISTABEL T. NALANGAN,
Petitioner.
x-----------------------------------x

PETITION EN CONSULTA

Petitioner, CHRISTABEL T. NALANGAN is Filipino

citizen, of legal age, single, with postal address at Bagto, Lezo,
Aklan.

The petitioner is the executor of this Affidavit of

Precautionary Notice/Adverse Claim, copy of which is hereto
attached as Annex “A”.

The petitioner is the VENDEE in the Deed of Sale

executed in her favor by the VENDOR NINO ED CRISPER M.
NORIEL married to MARIA DANICO P. MANZANO-NORIEL on
June 18, 2019 before Atty. Henry D. Adasa, Notary Public for
an in Pasay City, copy of which is hereto attached as Annex
“B”.

The Register of Deeds for Makati City denied the

registration of the Affidavit of Affidavit of Precautionary
Notice/Adverse Claim executed by the petitioner in a Notice of
Denial (“Notice”) dated March 11, 2020. A copy of said Notice
is hereto attached as Annex “C”. The pertinent portions of
said Notice are herein quoted, viz:

“Please be notified that this office cannot

proceed with the registration of the Notice of
Adverse Claim under Registration Land Entry
Number(s) 20200022708 involving CCT
2018002346 based on the following ground(s):
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1. The annotation of an adverse claim is

conditioned where the registration of such
interest or right is not otherwise provided for by
PD 1529 (CONSULTA NO. 1056). This claim
based on a Contract of Sale is not registrable as
an adverse claim because contract of sale is
registrable in itself as provided for by PD 1529.

However, if you do not agree with this

ruling, you may elevate the matter En Consulta
to the Land Registration Authority, Quezon City,
though this Registry within five (5) days from
receipt hereof by paying the Consulta fee in the
amount of Php 180.00 without withdrawing
said documents in accordance with Section 117
of Presidential Decree No. 1529.”

Emphasis supplied.

BASIS OF CONSULTA

Section 117 of the Property Registration Decree reads –

Section 117. Procedure. When the Register of

Deeds is in doubt with regard to the proper
step to be taken or memorandum to be made
in pursuance of any deed, mortgage or other
instrument presented to him for registration,
or where any party in interest does not agree
with the action taken by the Register of Deeds
with reference to any such instrument, the
question shall be submitted to the
Commissioner of Land Registration by the
Register of Deeds, or by the party in interest
thru the Register of Deeds. Where the
instrument is denied registration, the Register
of Deeds shall notify the interested party in
writing, setting forth the defects of the
instrument or legal grounds relied upon, and
advising him that if he is not agreeable to such
ruling, he may, without withdrawing the
documents from the Registry, elevate the
matter by consulta within five days from
receipt of notice of the denial of registration to
the Commissioner of Land Registration.
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The Register of Deeds shall make a

memorandum of the pending consulta on the
certificate of title which shall be cancelled
motu proprio by the Register of Deeds after
final resolution or decision thereof, or before
resolution, if withdrawn by petitioner.

The Commissioner of Land Registration,

considering the consulta and the records
certified to him after notice to the parties and
hearing, shall enter an order prescribing the
step to be taken or memorandum to be made.
His resolution or ruling in consultas shall be
conclusive and binding upon all Registers of
Deeds, provided, that the party in interest who
disagrees with the final resolution, ruling or
order of the Commissioner relative to
consultas may appeal to the Court of Appeals
within the period and in manner provided in
Republic Act No. 5434.

STATEMENT OF FACTS

NINO ED CRISPER M. NORIEL married to MARIA

DANICO P. MANZANO-NORIEL is the registered owner of a
condominium unit property located at Unit 818, Tower B, Jazz
Residences, Metropolitan Avenue, Bel-Air Makati City covered
by CCT No. 2018002346 with an area of 25,000 square
meters more or less.

On June 18, 2019, the said registered owner NINO ED

CRISPER M. NORIEL married to MARIA DANICO P.
MANZANO-NORIEL referred as VENDOR freely and voluntarily
executed a Deed of Sale in favor of CHRISTABEL T.
NALANGAN, referred as VENDEE, before Atty. Henry D. Adasa,
Notary Public for an in Pasay City over the aforementioned
condominium unit covered by CCT No. 2018002346.

Petitioner immediately took possession and introduced

improvements on the subject condominium sold to her. On
April 06, 2020, however, petitioner received a Demand Letter
from a certain YUNA RHEE, claiming that she is the new
owner of the property and alleging that the unit was also
turned over to her on February 9, 2020.

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Attached is the copy of the said Demand Letter dated

April 6, 2020 and marked as Annex “D”.

Considering that Mr. Noriel failed to surrender the

owner's duplicate copy of CCT No. 2018002346 to enable
the petitioner to register her deed of sale, petitioner filed
her Affidavit of Adverse Claim or Precautionary Notice
before the Registry of Deeds for Makati City, to protect
her interests as the buyer and to apprise the third person
or persons claiming as new owner(s) of the condominium
unit that the subject property was already sold to her.

Hence, this Petition on the ground that petitioner

disagrees with the ruling of the Registry of Deeds for Makati
City when it denied registration of petitioner’s adverse claim.

ISSUE

Whether or not the Affidavit of Adverse Claim is registrable.

DISCUSSION/GROUNDS FOR CONSULTA

The annotation of an adverse claim is a measure

designed to protect the interest of a person over a piece of real
property, where the registration of such interest or right is not
otherwise provided for by the Land Registration Act or Act 496
(now Presidential Decree [PD] 1529 or the Property
Registration Decree), and serves a warning to third parties
dealing with the property that someone is claiming an interest
on the same or a better right than that of the registered owner
thereof.1

1. THE REQUISITES OF AN ADVERSE

CLAIM ARE PRESENT.

Section 70 of the Property Registration Decree reads –

Section 70. Adverse claim. Whoever claims any

part or interest in registered land adverse to
the registered owner, arising subsequent to the
date of the original registration, may, if no
other provision is made in this Decree for

1
Martinez vs Garcia, G.R. No. 166536, February 4, 2010
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registering the same, make a statement in

writing setting forth fully his alleged right or
interest, and how or under whom acquired, a
reference to the number of the certificate of
title of the registered owner, the name of the
registered owner, and a description of the land
in which the right or interest is claimed.

The statement shall be signed and sworn to,

and shall state the adverse claimant's
residence, and a place at which all notices may
be served upon him. This statement shall be
entitled to registration as an adverse claim on
the certificate of title. The adverse claim shall
be effective for a period of thirty days from the
date of registration. After the lapse of said
period, the annotation of adverse claim may be
canceled upon filing of a verified petition
therefor by the party in interest: Provided,
however, that after cancellation, no second
adverse claim based on the same ground shall
be registered by the same claimant.

Before the lapse of thirty days aforesaid, any

party in interest may file a petition in the
Court of First Instance where the land is
situated for the cancellation of the adverse
claim, and the court shall grant a speedy
hearing upon the question of the validity of
such adverse claim, and shall render judgment
as may be just and equitable. If the adverse
claim is adjudged to be invalid, the registration
thereof shall be ordered canceled. If, in any
case, the court, after notice and hearing, shall
find that the adverse claim thus registered was
frivolous, it may fine the claimant in an
amount not less than one thousand pesos nor
more than five thousand pesos, in its
discretion. Before the lapse of thirty days, the
claimant may withdraw his adverse claim by
filing with the Register of Deeds a sworn
petition to that effect.

From the foregoing, the following are the requisites of an

adverse claim:

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1. The adverse claimant must state the following in

writing:

a. His alleged right or interest;

b. How and under whom such alleged right or interest is
acquired;
c. The description of the land in which the right or
interest is claimed; and
d. The number of the certificate of title;

2. The statement must be signed and sworn to before a

notary public or other officer authorized to administer oath

3. The claimant should state his residence or the place to

which all notices may be served upon him.

Here, based on the adverse claimed filed by petitioner, the

above-mentioned requisites are indubitably present. Petitioner
is the purchaser of the subject condominium unit based on
the Deed of Sale executed in her favor by the registered owner.

II. MR. NORIEL (VENDOR) FAILED TO

SURRENDER THE OWNER'S
DUPLICATE COPY OF CCT NO.
2018002346.

Even though the deed of sale is registrable in itself, the

law requires that the owner’s duplicate of title shall be
surrendered in order that the deed of sale may be registered.

Considering that Mr. Noriel failed to surrender the

owner's duplicate copy of CCT No. 2018002346 to enable the
petitioner to register the said deed of sale, petitioner has no
other recourse but to seek for the annotation of the adverse
claim on the title of the disputed land in order to apprise third
persons that there is a controversy over the ownership of the
land and to preserve and protect the right of the adverse
claimant during the pendency of the controversy registration.

The Honorable Supreme Court held that, “A lease over a

parcel of land for a ten-year period, which could not be
registered because the owner's duplicate of the title was
not surrendered, could be registered as an adverse claim
and the owner could be compelled to surrender the
owner's duplicate of the title so that the adverse claim
could be annotated thereon. If the adverse claim turns out to
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be invalid, the owner could ask for its cancellation and, if

found to be frivolous or vexatious, then double or treble costs
may be adjudged against the adverse claimant. (Register of
Deeds of Manila vs. Tinoco Vda. de Cruz, 95 Phil. 818).
Emphasis supplied

Moreover, the Supreme Court also held, that, “But where

the vendee of a parcel of land may register the deed of sale in
his favor, as provided for in section 57 of Act No. 496, he is not
entitled to cause that sale to be annotated as an adverse claim
on the vendor's title (Register of Deeds of Quezon City vs.
Nicandro, 111 Phil. 989, 997).

Hence, since petitioner cannot register the said deed of

sale in her favor because of the failure of the vendor to
surrender the owner's duplicate of the title, the subject
adverse clam could be registered by this Honorable Office to
serve a warning to third parties dealing with said property that
someone is claiming an interest on the same or a better right
than that of the registered owner thereof.

In the case of Flor Martinez v. Ernesto G. Garcia and

Edilberto M. Brua,2 the Court held that:

The annotation of an adverse claim is a measure

designed to protect the interest of a person over a piece of real
property, where the registration of such interest or right is not
otherwise provided for by the Land Registration Act or Act No.
496 (now P.D. No. 1529 or the Property Registration Decree),
and serves a warning to third parties dealing with said
property that someone is claiming an interest on the same or a
better right than that of the registered owner thereof. 3

Also, in the case of Teresita Rosal Arrazola v. Pedro A.

Bernas and Soledad Bernas Alivio,4 the Court explained:

The purpose of annotating the adverse claim on the title

of the disputed land is to apprise third persons that there is a
controversy over the ownership of the land and to preserve
and protect the right of the adverse claimant during the
pendency of the controversy. It is a notice to third persons that
any transaction regarding the disputed land is subject to the
outcome of the dispute.

2
625 Phil. 377 (2010).
3
Id. at 391-392.
4
175 Phil. 452 (1978).
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PRAYER

Petitioner therefore requests that:

1. The Land Registration Authority direct the Register of

Deeds of Las Pinas to register the Affidavit of Adverse Claim
herein presented.

2. The Register of Deeds be further directed to cause the

annotation of a memorandum of the pending consulta.

Petitioners pray for such other reliefs as may be just and

equitable in the premises.

Makati City, June 23, 2020.

CHRISTABEL T. NALANGAN
Petitioner

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VERIFICATION

I, CHRISTABEL T. NALANGAN, Filipino, of legal age, and

with postal address at Bagto, Lezo, Aklan, after being duly
sworn to in accordance with law hereby depose and state:
THAT-

1. I am the petitioner in the above entitled case and we

have caused the preparation of the foregoing consulta; and

2. I have read the foregoing and the allegations therein

are true and correct based on our personal knowledge and/or
on authentic records.

IN WITNESS WHEREOF, I have hereunto affix my

signature this _________at ________________ City.

CHRISTABEL T. NALANGAN
Affiant

SUBSCRIBED AND SWORN TO before me on this _____,

at ___________ affiants exhibiting to me their IDs_____________
with No. ________________, No._______________,
No________________ as competent proof of their identity.