REGISTRATION OF INSTRUMENTS DEALING WITH UNREGISTERED LAND


> All instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 until the land shall have been brought under the operation of the Torrens system


RECORDING OF MINISTERIAL OFFICERS


> Opening paragraph in substance declares that no instrument or deed affecting rights to real property not registered under the Torrens system shall be valid except as between the persons thereto, until such instrument or deed shall have been registered in the manner prescribed therein


> This provision cannot be interpreted to include conveyances made by ministerial officers, such as sheriff’s deeds


> It contemplates only instruments as may be created through agreement between parties


RECORDING SHALL BE WITHOUT PREJUDICE TO A THIRD PERSON WITH BETTER RIGHT RECORDING OF RD MINISTERIAL


> Register of Deeds doesn’t exercise a judicial or quasi-judicial power in the registration of sheriff’s deeds or certificates of sale


> If the Register of Deeds refuses to register the instrument, he shall advise the party in interest in writing of the grounds for his refusal, and the latter may elevate the matter to the Administrator en consulta


HOW RECORDING IS EFFECTED


> The Register of Deeds shall keep a primary entry book and a registration book


> The primary entry book shall contain an entry number, names of parties, nature of the document, and the date, hour and minute it was presented


> The recording shall be effected by annotating on the registration book after the same shall have been entered in the primary entry book


> After recording, the Register of Deeds shall endorse on the original of the instrument the file number and the date as well as the hour and minute when the instrument is received, returning to the registrant the duplicate of the instrument with a certification that he has recorded the same