Almirol v. Register of Deeds of Agusan
REITERATIONFacts
The Antecedents: Teodoro Almirol purchased a parcel of land from Arcenio Abalo. The land was registered under Original Certificate of Title P-1237 in the name of Arcenio Abalo, married to Nicolasa M. Abalo. Almirol sought to register the deed of sale and obtain a transfer certificate of title in his name. Procedural History: The Register of Deeds refused registration, citing that the property was conjugal, the wife had died, and the surviving husband could not dispose of the whole property without proper liquidation and settlement with the heirs. Almirol then filed a petition for mandamus in the Court of First Instance of Agusan to compel registration and sought damages. The lower court dismissed the petition, stating that mandamus was not the proper remedy and that the adequate remedy was provided by Section 4 of Republic Act 1151. The Petition: Almirol appealed the lower court's resolution to the Supreme Court, arguing that the Register of Deeds had a ministerial duty to register the deed and that the validity of the sale was a matter for a court to decide, not the Register of Deeds. The Supreme Court, however, affirmed the lower court's dismissal, holding that the petitioner should have first pursued the administrative remedy outlined in Section 4 of Republic Act 1151, which requires submitting doubtful matters to the Commissioner of Land Registration before resorting to judicial action.
Issue(s)
Whether mandamus will lie to compel the Register of Deeds to register the deed of sale. Whether the Register of Deeds has the authority to determine the validity of a deed presented for registration.
Ruling
The Supreme Court affirmed the Resolution of the lower court dismissing the petition for mandamus, holding that the administrative remedy provided by Section 4 of Republic Act 1151 must be exhausted before recourse to the courts can be made.
Ratio Decidendi
On whether mandamus will lie to compel the Register of Deeds to register the deed of sale: The Court held that mandamus would not lie in this case because the petitioner failed to exhaust the administrative remedy available to him. Section 4 of Republic Act 1151 clearly outlines the procedure when a Register of Deeds is in doubt regarding the proper step to be taken with respect to a deed presented for registration, or when a party in interest disagrees with the Register of Deeds. In such instances, the question must be submitted to the Commissioner of Land Registration, whose order shall be conclusive and binding upon all Registers of Deeds. The petitioner's failure to pursue this administrative remedy before filing a petition for mandamus rendered the latter improper. The Court emphasized that this administrative remedy must be resorted to by the petitioner before he can have recourse to the courts. Therefore, the lower court correctly dismissed the petition for mandamus. On whether the Register of Deeds has the authority to determine the validity of a deed presented for registration: The Court reiterated that the Register of Deeds is precluded by Section 4 of Republic Act 1151 from exercising personal judgment and discretion when refusing to register a deed on the ground of its alleged invalidity. The function of determining the validity of a document is properly vested in a court of competent jurisdiction. The Register of Deeds' duty is primarily ministerial; he is not tasked with passing upon the merits or validity of the instrument presented. As stated in previous rulings, the supposed invalidity of a contract is not a valid objection to its registration, as registration is intended to give notice, and questions of validity are to be decided after registration. Therefore, the Register of Deeds' refusal to register based on his assessment of the deed's invalidity was improper.
Main Doctrine
A Register of Deeds cannot refuse to register a deed on the ground of its alleged invalidity; such a determination is within the competence of a court of competent jurisdiction. When in doubt, the Register of Deeds must refer the matter to the Commissioner of Land Registration as an administrative remedy.