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G. Dealings with Unregistered Lands

a. RECORDING OF INSTRUMENTS RELATING TO UNREGISTERED LANDS

1) Valid between parties only

GENERAL RULE: No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens system shall be valid, except as between the parties thereto. (Section 113, P.D. 1529)

EXCEPTION: … unless such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies. (Ibid.)

b. REGISTER OF DEEDS

1) Primary Entry Book and a Registration Book

The Primary Entry Book shall contain, among other particulars, the entry number, the names of the parties, the nature of the document, the date, hour and minute it was presented and received. (Section 113[a], Ibid.)

The recording of the deed and other instruments relating to unregistered lands shall be effected by any of annotation on the space provided therefor in the Registration Book, after the same shall have been entered in the Primary Entry Book. (Ibid.)

a) Recording of instrument

If, on the face of the instrument, it appears that it is sufficient in law, the Register of Deeds shall forthwith record the instrument in the manner provided by law. (Section 113[b], Ibid.)

In case the Register of Deeds refuses its administration to record, said official shall advise the party in interest in writing of the ground or grounds for his refusal, and the latter may appeal the matter to the Commissioner of Land Registration in accordance with the provisions of Section 117 of this Decree. (Ibid.)

It shall be understood that any recording made under this section shall be without prejudice to a third party with a better right. (Ibid.)

b) Recording in Primary Entry Book

After recording on the Record Book, the Register of Deeds shall endorse among other things, upon the original of the recorded instruments, the file number and the date as well as the hour and minute when the document was received for recording as shown in the Primary Entry Book, returning to the registrant or person in interest the duplicate of the instrument, with appropriate annotation, certifying that he has recorded the instrument after reserving one copy thereof to be furnished the provincial or city assessor as required by existing law. (Section 113[c], Ibid.)

c) Tax sale, attachment and levy, notice of lis pendens, adverse claim and other instruments

Tax sale, attachment and levy, notice of lis pendens, adverse claim and other instruments in the nature of involuntary dealings with respect to unregistered lands, if made in the form sufficient in law, shall likewise be admissible to record under this section. (Section 113[d], Ibid.)

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