Dear PAO,

I bought a certain land and paid the full purchase price after three months. The seller refused to surrender the owner’s duplicate of title despite my repeated demands. I tried to register the deed of sale but the registrar of deeds declined since I cannot present the owner’s duplicate of title. May I know the purpose of requiring the presentation of the owner’s duplicate of title in the registration of a deed of sale?

Darsinus

Dear Darsinus,

The requirement of presenting the owner’s duplicate of title in the registration of a conveyance, like a deed of sale, is mandated by Article 53 of Presidential Decree (PD) 1529, otherwise known as the Property Registration Decree. The said provision of law provides that:

“Presentation of owner’s duplicate upon entry of new certificate. 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.

“The production of the owner’s duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument, and the new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith.

“In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud without prejudice, however, to the rights of any innocent holder for value of a certificate of title. After the entry of the decree of registration on the original petition or application, any subsequent registration procured by the presentation of a forged duplicate certificate of title, or a forged deed or other instrument, shall be null and void.”

Also, in Logarta vs. Mangahis, G.R. No. 213568, July 5, 2016, the Supreme Court, speaking through Honorable Associate Justice Estela M. Perlas-Bernabe, explained the reason for the presentation of the owner’s duplicate of title in this wise:

“Thus, the prevailing rule is that voluntary instruments such as contracts of sale, contracts to sell, and conditional sales are registered by presenting the owner’s duplicate copy of the title for annotation, pursuant to Sections 51 to 53 of PD 1529. The reason for requiring the production of the owner’s duplicate certificate in the registration of a voluntary instrument is that, being a willful act of the registered owner, it is to be presumed that he is interested in registering the instrument and would willingly surrender, present or produce his duplicate certificate of title to the Register of Deeds in order to accomplish such registration. The exception to this rule is when the registered owner refuses or fails to surrender his duplicate copy of the title, in which case the claimant may file with the Register of Deeds a statement setting forth his adverse claim.”

Applying the afore-cited jurisprudence to your situation, the presentation of the owner’s duplicate of title in the registration of a deed of sale will serve as conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or make a memorandum of registration in accordance with such instrument. It is a manifestation of the registered owner’s interest in registering the conveyance such that he or she willingly surrenders his or her owner’s duplicate of title to the Register of Deeds in order to accomplish the registration of the instrument (deed of sale).

We hope that we were able to answer your query. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]