Teodoro Almirol v.

Register of Deeds of Agusan Office of Register of Deeds; General Functions

GR No. L-22486 March 20, 1968
FACTS:
1. Almirol purchased from Abalo a parcel of land in Esperanza, Agusan (OCT P-1237)
2. He went to ROD Agusan, Butuan City to register deed of sale & to secure a TCT in his name
3. ROD refused registration:
a. OCT registered in the name of “Arcenio Abalo, married to Nicolasa M. Abalo” is considered
conjugal property by legal presumption. Hence, both spouses must sign the document per
New Civil Code. Since wife has already died when sale was made, surviving spouse can not
dispose whole property without violating existing
4. Almirol  CFI on petition for mandamus, to compel ROD to register deed of sale & issue a TCT

Almirol’s argument: It is but a ministerial duty of the respondent to perform the acts required of
him and that he has no other plain, speedy and adequate remedy in the ordinary course of law
ROD’s answer: His remedy is to appeal to the Commissioner of Land Registration
CFI: dismissed petition, adequate remedy is provided for by Sec. 4 RA 1151
ISSUE: WON court correctly dismissed petition for mandamus

HELD: YES. Although the Register of Deeds does not determine WON a document is valid, it should submit such
question to a court of competent jurisdiction.

It is not the duty of the Register of Deeds to decide WON a document is valid, frivolous or intended to harass.
- Invalidity is no proof of non-existence or valid excuse for denying registration
- Law of registration does not require only valid instruments shall be registered
- Parties affected thereby cannot be supposed to know the invalidity before they become aware,
actually or constructively, of their existence of their provisions.
- If purpose of registration is merely to give notice, then questions regarding the effect or invalidity of
instruments are expected to be decided after, not before, registration.

When in doubt as to proper step to be taken with respect to any deed or registration presented for registration,
ROD is supposed to submit and certify the question to Commissioner of Land Registration.

Sec. 4 RA 1151 Reference of doubtful matters to Commission of Land Registration. – 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 Register of Deeds with reference to any such matter, the
question shall be submitted to the Commissioner of Land Registration either upon certification of the
Register of Deeds, stating the question upon which he is in doubt, or upon the suggestion in writing by
the party in interest; and thereupon the Commissioner, after consideration of the matter shown by
records certified to him, and in case of registered lands, after notice to the parties and hearing, shall
enter an order prescribing the step to be taken or memorandum to be made. His decision is such
cases shall be conclusive and binding upon all Register of Deeds: Provided, further, That when a party
in interest disagrees with the ruling or resolution of the Commissioner and the issue involves a question
of law, said decision may be appealed to the Supreme Court within 30 days from and after receipt of
the notice thereof.

- this administrative remedy must be resorted to before having recourse to the courts