Mingoa v. Land Registration Administrator
NEW DOCTRINEFacts
The Antecedents: Petitioner executed a deed of donation of several parcels of land in favor of his children on July 15, 1987. The deed was forwarded to the Register of Deeds of Romblon for registration via registered mail on September 9, 1988. It was entered in the primary entry book on September 20, 1988, under Entry No. 181. Procedural History: The Register of Deeds suspended the registration, requiring petitioner to secure proper clearances from the Department of Agrarian Reform (DAR) due to Section 6 of Republic Act No. 6657. Petitioner elevated the matter en consulta to the Administrator of the Land Registration Authority (LRA), who sustained the Register of Deeds' stand on November 27, 1990. The Petition: Petitioner filed a petition for certiorari, contending that Section 1, Rule 13 of the Rules of Court should apply suppletorily, considering the date of mailing as the date of filing.
Issue(s)
Whether the date of mailing of an instrument to the Register of Deeds should be considered the date of filing and registration. Whether the Register of Deeds may suspend registration of a deed of donation pending the securing of clearances from the Department of Agrarian Reform.
Ruling
The petition is impressed with merit. The resolution of the LRA Administrator is set aside, and the Register of Deeds of Romblon is directed to effect the registration of the deed of donation.
Ratio Decidendi
On the issue of the date of filing and registration: The Court held that Section 1, Rule 13 of the Rules of Court, which applies suppletorily to land registration cases, clearly provides that the date of mailing of a pleading, motion, or any other paper, as shown by the post office stamp on the envelope or registry receipt, shall be considered the date of its filing. Consequently, the Court finds and holds that the date of mailing of an instrument to the Register of Deeds for purposes of registration should be considered the date of filing and receipt thereof by the Register of Deeds. This date should be entered in the primary entry book and regarded as the date of registration. In this case, the deed of donation was sent by registered mail on September 9, 1988, which is thus considered the date of filing, receipt, and registration, despite actual receipt on September 20, 1988. On the issue of requiring DAR clearances: While the Court did not directly rule on the necessity of DAR clearances in this specific dispositive portion, the ruling on the date of filing implicitly addresses the procedural aspect. The primary concern of the Court was the proper application of the rules on filing and registration dates. The resolution of the LRA Administrator was set aside, directing the registration to be effected, implying that the procedural defect in registration date was the primary basis for granting the petition. The Court's focus was on the interpretation of the rules governing the Register of Deeds' actions concerning the date of registration, rather than the substantive requirement of DAR clearances in this particular instance.
Main Doctrine
The date of mailing of an instrument to the Register of Deeds for purposes of registration should be considered the date of filing and receipt thereof by the Register of Deeds, and it is this date that should be entered in the primary entry book of the Register of Deeds which shall be regarded as the date of its registration.