DUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT PRESENTED FOR REGISTRATION IS MINISTERIAL

Category: Land Titles And Deeds

DUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT PRESENTED FOR REGISTRATION IS MINISTERIAL

MATTERS SHOULD BE LEFT TO THE COURTS FOR DETERMINATION

> The powers of the RD are generally regarded as ministerial only and said officer has no power to pass upon the legality of an order issued by a court of justice

> Whether the document presented for registration is invalid, frivolous or intended to harass, is not the duty of the RD to decide but a court of competent jurisdiction

> The question of whether or not a conveyance was made to defraud creditors of the transferor should better be left for determination of the proper court

REFERENCE OF DOUBTFUL QUESTIONS TO THE LRA VIA CONSULTA

APPEAL TO THE COURT OF APPEALS IS THE PROPER REMEDY AVAILABLE TO A PARTY WHO DOESN’T AGREE WITH THE ACTION TAKEN BY THE LRA ADMINISTRATOR

> This is specially governed by Rule 43 of the Rules of Court, which provides for decisions, orders, resolutions of any quasi-judicial agency, ilke the LRA, in the exercise of its quasi-judicial functions

> The appeal shall be taken within 15 days from notice of the decision, order of resolution

> If no appeal is filed within said period, the decision, order or resolution shall become final and may be executed as provided by existing law.