Part 1.

1. 1991 Bar exam Question in Civil law. Eto po yung Suggested

answer kinopya ko lang. pwede niyo po siya dagdagan.
A. The sale of the land to Juan is not valid, being contrary to law.
Therefore, no transfer of ownership of the land was effected from
the delinquent taxpayer to him. The original certificates of title
obtained by Maria thru a free patent grant from the Bureau of
Lands under Chapter VII, CA 141 is valid but in view of her
delinquency, the said title is subject to the right of the City
Government to sell the land at public auction. The issuance of the
OCT did not exempt the land from the tax sales. Section 44 of P.D.
No. 1529 provides that every registered owner receiving a
Certificate of Title shall hold the same free from an
encumbrances, subject to certain exemptions.
B. Juan may recover because he was not a party to the violation
of the law.
C. No, the sale did not divest Maria of her title precisely because
the sale is void. It is as good as if no sale ever took place. In tax
sales, the owner is divested of his land initially upon award and
issuance of a Certificate of Sale, and finally after the lapse of the
1 year period from date of registration, to redeem, upon execution
by the treasurer of an instrument sufficient in form and effects to
convey the property. Maria remained owner of the land until
another tax sale is to be performed in favor of a qualified buyer.
2. The distinction between voluntary and involuntary registration
was made in the case of Levin vs. Bass, 91 Phil 420. In voluntary
registration such as sale, mortgage, lease and the like, if the
owner's duplicate certificate be not surrendered and presented or
if no payment of registration fees be made within 15 days, entry
in the day book of the deed of sale does not operate to convey
and affect the land sold. In involuntary registration, such as an
attachment, levy upon, execution, lis pendens and the like entry
thereof in the day book is a sufficient notice to all persons of such
adversed claim.

On the other hand, according to the said cases of Levin vs. Bass,
in case of voluntary registration of documents an innocent
purchaser for value of registered land becomes the registered
owner, and, in contemplation of law the holder of a certificate of
title, the moment he presents and files a duly notarized and valid
deed of sale and the same is entered in the day book and at the
same time he surrenders or presents the owner's duplicate
certificate of title covering the land sold and pays the registration
fees, because what remains to be done lies not within his power
to perform. The register of deeds is duty bound to perform it.
3. In the case of NHA vs Basa, Jr. the Supreme Court held that, the
prevailing rule is that there is effective registration once the
registrant has fulfilled all that is needed of him for purposes of
entry and annotation, so that what is left to be accomplished lies
solely on the register of deeds. The Court thus once held:
Current doctrine thus seems to be that entry alone
produces the effect of registration, whether the
transaction entered is a voluntary or an involuntary
one, so long as the registrant has complied with all that
is required of him for purposes of entry and annotation,
and nothing more remains to be done but a duty
incumbent solely on the register of deeds.
4. Constructive notice was defined in the case of AFP-MBA
Inc. vs Santiago, by mentioning SEC. 52 of P.D. 1529. Under
the said law
SEC. 52. Constructive notice upon registration. Every
conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land
shall, if registered, filed or entered in the office of the
Register of Deeds for the province or city where the
land to which it relates lies, be constructive notice to all
persons from the time of such registering, filing or
entering.

Under the aforesaid provisions, the act of registration is the

operative act to convey or affect the land insofar as third persons
are concerned. Constructive notice is also created upon
registration of every conveyance, mortgage, lease, lien,
attachment, order, judgment, instrument or entry affecting
registered land.
It is important to include the date and hour of registration
for the computation of prescriptive period.
5. Formal requisites and Procedural Requisites.
Sec. 55 of P.D. 1529
Full name, nationality, civil status, residence and postal
address of the grantee or person acquiring interest under such
instrument. Changes in the names, residence and postal
addresses of all parties to the instrument shall also be entered on
all certificates.
If the grantee is a corporation or association, the instrument
shall contain a statement whether it is legally qualified to acquire
private lands. In this connection, private corporation or
associations may not hold alienable lands of the public domain
except by lease.
Sec. 56, Par. 3, P.D. 1529
All deeds and voluntary instruments shall be presented with
their respective copies and shall be attested and sealed by the
Register of Deeds, endorsed with the file number, and copies may
be delivered to the person presenting them.
Sec. 53 of P.D. 1529
No voluntary instrument shall be registered by the Register
of Deeds, unless the owner's duplicate certificate is presented
with such instrument, except in cases expressly provided for in
this Decree or upon order of the court, for cause shown. (Need
for presentation of owners copy; if more than one, all
copies must be presented.)

Multiple Choice

1 C.
2.
3. C. None of the Above
4. B.
5. D.
6. C. Consulta