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CHAPTER 2: LAND REGISTRATION COMMISSION REGISTRIES OF DEEDS - Coggle…

- - - - GENERAL FUNCTIONS OF LR-COMM
        Section 6. General Functions.
        COMMISSIONER'S FUNCTIONS
        (1) The Commissioner of Land Registration shall have the following functions:
        
        ISSUE DECREE
        
        CAUSE RD'S CERTIFICATE
        (a) Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Registers of Deeds of the corresponding certificates of title;
        
        EXEC-SUPERVISION & CONTROL OVER:
        -RD
        -OTHER PERSONNEL
        (b) Exercise supervision and control over all Registers of Deeds and other personnel of the Commission;
        
        RESOLVE APPEALS FROM RD
        (c) Resolve cases elevated en consulta by, or on appeal from decision of, Registers of Deeds;
        
        EXECUTIVE SUPERVSION OVER RTC'S COURT PERSONNEL
        -ICOW REGISTRATION OF LANDS
        (d) Exercise executive supervision over all clerks of court and personnel of the Courts of First Instance throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands;
        
        IMPLEMENT
        (e) Implement all orders, decisions, and decrees promulgated relative to the registration of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations therefor;
        
        VERIFY AND APPROVE SURVEY PLANS:
        --SUBDIVISION
        -CONSOLIDATION
        -CONSOLIDATION-SUBDIVISION
        (f) Verify and approve subdivision, consolidation, and consolidation-subdivision survey plans of
        properties titled under Act No. 496
        except those covered by P.D. No. 957.
        
        LRC FUNCTIONS
        (2) The Land Registration Commission shall have the following functions:
        
        ASSIST:
        -DAR
        -LAND BANK
        -AGENCIES IMPLEMENTING LAND REFORM
        (a) Extend speedy and effective assistance to the Department of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government;
        
        ASSIST COURTS IN LR PROCEEDINGS
        (b) Extend assistance to courts in ordinary and cadastral land registration proceedings;
        
        REPOSITORY FOR ORIG REGISTRATION
        (c) Be the central repository of records relative to original registration of lands titled under the Torrens system, including subdivision and consolidation plans of titled lands.
        
        ISSUE:
        
        DECREE OF REGISTRATION
        
        CERTIFICATES OF TITLE
        Specifically, it is responsible for the issuance of decrees of registration and certificates of title (original and duplicate) where land is brought for the first time under the Torrens system.
        
        MINISTERIAL DUTY TO ISSUE DECREE
        While the duty of the LRA officials to issue a decree of registration is purely ministerial, it is ministerial only in the sense that they act under the orders of the court and the decree must be in conformity with the decision of the court and with the data found in the record, as to which they have no discretion on the matter.
        
        DOUBLE TITLING -> NO MANDAMUS
        But the issuance by LRA officials of a decree of registration is not a purely ministerial duty in cases where they find that such would result to the double titling of the same parcel of land. In the same vein, the Register of Deeds cannot be compelled by mandamus to comply with the order of the court for the issuance of new certificates of title where there are existing transfer certificates of title covering the subject parcels of land and there are reasons to question the rights of those requesting for the issuance of the new titles. 9
        
        DOUBT -> REFER TO COURT
        However, if they are in doubt upon any point in relation to the preparation and issuance of the decree, it is their duty to refer the matter to the court.
        
        RATIO: OFFICIALS OF THE COURT
        They act, in this respect, as officials of the court · and not as administrative officials, and their act is the act of the court.7 They are specifically called upon to "extend assistance to courts in ordinary and cadastral land registration proceedings."8
        
        WHAT ABOUT INSTRUMENTS?
        The decree is pursuant to a FINAL JUDGMENTS of the courts in land registration proceedings.
        What about instruments, such as deeds of sale and the like? The RD registers such instruments, but does the power of the LRC to "resolve cases elevated en consulta by, or appeal from decision of, Registers of Deeds" mean that appeals from registering the instruments may be made?
      - COMM & DEP-COMM QUALIFS
        
        BAR MEMBER
        
        10 YEARS OF PRACTICE IN LEG-PROF
        The Commissioner shall be duly qualified member of the Philippine Bar with at least ten years of practice in the legal profession, and shall have the same rank, compensation and privileges as those of a Judge of the Court of First Instance.
        
        COMM:
        SAME RANK, COMPENSATION, & PRIVILEGES AS RTC JUDGE
        
        DEP-COMM:
        
        SAME QUALIFS AS COMM
        The Deputy Commissioner, who shall possess the same qualifications as those required of the Commissioner,
        
        COMPENSATION:
        -3K PER ANNUM LESS THAN COMM
        shall receive compensation which shall be three thousand pesos per annum less than that of the Commissioner.
        
        ACTING COMM UNTIL APPOINTMENT DURING COMM'S
        -ABSENCE
        -DISABILITY
        -VACANCY
        He shall act as Commissioner of Land Registration during the absence or disability of the Commissioner and when there is a vacancy in the position until another person shall have been designated or appointed in accordance with law.
        
        OTHER FUNCTIONS ASSIGNED BY COMM
        The Deputy Commissioner shall also perform such other functions as the Commissioner may assign to him.
        
        ASSISTED BY:
        
        DIVISION CHIEFS
        
        SPECIAL ASSISTANT TO COMMISSIONER
        
        CHIEF GEODETIC ENGINEER
        They shall be assisted by such number of division chiefs as may be necessary in the interest of the functioning of the Commission, by a Special Assistant to the Commissioner, and by a Chief Geodetic Engineer
        
        COMPENSATION: 3400 PER ANNUM
        LESS THAN DEP-COMM
        who shall each receive compensation at the rate of three thousand four hundred pesos per annum less than that of the Deputy Commissioner.
        
        ALL OTHER OFFICIALS'
        COMPENSATION:
        BUDGET CIRCULAR 273 + 60% THEREOF
        All other officials and employees of the Land Registration Commission including those of the Registries of Deeds whose salaries are not herein provided, shall receive salaries corresponding to the minimum of their respective upgraded ranges as provided under paragraph 3.1 of Budget Circular No. 273, plus sixty per centum thereof across the board, notwithstanding the maximum salary allowed for their respective civil service eligibilities.
        
        NO PREJUDICE TO BENEFITS & ADJUSTMENTS AS MAY FROM TIME TO TIME BE GRANTED BY PRES
        The salaries of officials and employees provided in this Decree shall be without prejudice to such benefits and adjustments as may from time to time be granted by the President or by the legislature to government employees.
        
        NOT JUDICIAL RANK
        EXECUTIVE ONLY
        
        PRESIDENT INVESTIGATES & REMOVES
        -NOT SUPREME COURT
        In Noblejas v. Teehankee, 5 the Court clarified that while Section 5 states that the "Commissioner xx x shall have the same rank, compensation and privileges as those of a Judge of the Court of First Instance"6 his functions are plainly executive and subject to the President's power of supervision and control. He can be investigated and removed only by the President and not by the Supreme Court which is not charged with the administrative function of supervisory control over executive officials.
        
        ALL OFFICIALS
        EXCEPT RD
        
        APPOINTED BY SOJ
        
        RECOMMENDED BY LR-COMM
        All officials and employees of the Commission except Registers of Deeds shall be appointed by the Secretary of Justice upon recommendation of the Commissioner of Land Registration.
      - APPOINTED BY THE PRESIDENT
        
        Books says with consent of Commission on Appointments
      - HEADED BY ADMIN
        ASSISTED BY 2 DEP-ADMIN
        It is headed by an Administrator who is assisted by two (2) Deputy Administrators, all of whom are appointed by the President upon the recommendation of the Secretary of Justice.
  - - - # OF DEPUTIES
        
        1 DEPUTY RD IF MORE THAN 60K/YR
        
        2 DEPUTY RD IF MORE THAN 300K/YR
        Every Registry with a yearly average collection of more than sixty thousand pesos during the last three years shall have one Deputy Register of Deeds, and every Registry with a yearly average collection of more than three hundred thousand pesos during the last three years, shall have one Deputy Register of Deeds and one second Deputy Register of Deeds.
        
        OFFICIAL STATION & TERRITORIAL JD
        
        SOJ DEFINES
        
        COMM RECOMMENDS
        The Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon the recommendation of the Commissioner of Land Registration, with the end in view of making every registry easily accessible to the people of the neighboring municipalities.
        
        TEMPORARY FURNISH STUIABLE SPACE
        The province or city shall furnish a suitable space or building for the office of the Register of Deeds until such time as the same could be furnished out of national funds.
      - Tama ba?
        One province: At least one RD
        One City: Only one RD?
      - APPOINTMENT
        
        REGISTERS OF DEEDS
        a. PRESIDENT APPOINTS
        b. SOJ RECOMMENDS
        Section 8. Appointment of Registers of Deeds and their Deputies and other subordinate personnel; salaries.
        Registers of Deeds shall be appointed by the President of the Philippines upon recommendation of the Secretary of Justice.
        
        DEPUTY OF REGISTERS OF DEEDS & ALL OTHER SUBORDINATE PERSONNEL
        a. SOJ APPOINTS
        b. LRC RECOMMENDS
        Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the Commissioner of Land Registration.
        
        QUALIFICATIONS:
        REGISTER OF DEEDS
        
        BAR MEMBER
        
        3 YEARS PRACTICE IN LAW
        
        EMPLOYED IN GOV'T BRANCH
        -FUNCTIONS RELATED TO REGISTRATION
        Section 9. Qualifications of Registers of Deeds and Deputy Registers of Deeds.
        No person shall be appointed Register of Deeds unless he has been admitted to the practice of law in the Philippines and shall have been actually engaged in such practice for at least three years or has been employed for a like period in any branch of government the functions of which include the registration of property.
        
        FUNCTIONS OF REGISTERS OF DEEDS
        PUBLIC REPOSITORY OF RECORDS OF:
        INSTRUMENTS AFFECTING:
        
        REGISTERED LANDS
        
        UNREGISTERED LANDS
        
        CHATTEL MORTGAGES
        Section 10. General functions of Registers of Deeds. The office of the Register of Deeds constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated.
        
        LANDS & CHATTEL MORTGAGES IN PROVINCE/CITY WHERE SUCH OFFICE IS SITUATED
        
        MINISTERIAL DUTY:
        IMMEDIATELY REGISTER INSTRUMENT COMPLYING WITH REQUISITES FOR REGISTRATION
        It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration.
        
        IF WITH STAMPS -> CANCEL
        
        DOCUMENTARY STAMPS
        
        SCIENCE STAMPS
        He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled.
        
        IF NOT REGISTERABLE -> THEN:
        
        DENY REGISTRATION
        
        INFORM PRESENTOR OF DENIAL
        -WRITTEN
        -STATING GROUNDS/REASON
        -ADVISING OF RIGHT TO APPEAL
        If the instrument is not registerable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of this Decree.
        
        ADMIN + QJ
        Registers of Deeds perform both functions of an administrative ·character and functions which are at least of a quasi-judicial nature.32
        
        MINISTERIAL DUTY
        It must be stressed, however, that the function of a Register of Deeds with reference to the registration of deeds, encumbrances, instruments and the like is ministerial in nature. 33
        
        REFUSAL TO REGISTER
        -> MANDAMUS MAY LIE
        An instrument which seeks the reformation of an extrajudicial settlement of an estate consisting of registered lands is a voluntary one,. and since the duty of the Register of Deeds to enter such instrument in his book is purely ministerial, his refusal to do so is tantamount to an unlawful neglect in the performance of a duty resulting from an office, trust or station, and is a proper instance where mandamus will lie. 39
        
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        IF INVALID INSTRUMENT -> STILL REGISTER
        For instance, he may not validly refuse to register a deed of sale presented to him for registration. The law on registration does not require that only valid instruments shall be registered.
        
        QUESTION VALIDITY IN COURT
        AFTER! NOT BEFORE REGISTRATION
        If the purpose of registration is merely to give notice, then questions regarding the effect or invalidity of instruments are expected to be decided after, not before, registration. It must follow as a necessary consequence that . registration must first be allowed, and the validity or effect thereof litigated afterwards. 34 Whether the document is invalid, frivolous or intended to harass, is not the duty of a Register of Deeds to decide, but is for a court of competent jurisdiction to determine. 3
        
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        IF IN DOUBT -> SUBMIT TO LR-ADMIN
        (BY RD/INTERESTED PARTY thru RD)
        Section 117. Procedure. When the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for registration, or where any party in interest does not agree with the action taken by the Register of Deeds with reference to any such instrument, the question shall be submitted to the Commissioner of Land Registration by the Register of Deeds, or by the party in interest thru the Register of Deeds. [117]
        
        MEMORANDUM PENDING CONSULTA
        (CANCEL AFTER FINAL RESOLUTION)
        The Register of Deeds shall make a memorandum of the pending consulta on the certificate of title which shall be canceled motu proprio by the Register of Deeds after final resolution or decision thereof, or before resolution, if withdrawn by petitioner.
        
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        IF DENIED -> APPEAL TO LR-ADMIN
        Where the instrument is denied registration, the Register of Deeds shall notify the interested party in writing, setting forth the defects of the instrument or legal grounds relied upon, and advising him that if he is not agreeable to such ruling, he may, without withdrawing the documents from the Registry, elevate the matter by consulta within five days from receipt of notice of the denial of registration to the Commissioner of Land Registration. [117[
        
        QUALIFICATIONS:
        
        BAR MEMBER
        The Deputy Register of Deeds shall be a member of the Philippine Bar.
        
        NO REMOVAL
        NO DEMOTION
        NO DIMINUTION
        Provided, however, that no Register of Deeds or Deputy Register of Deeds holding office as such upon the passage of this Decree shall by reason hereof, be removed from office or be demoted to a lower category or scale of salary
        
        EXCEPT IF THERE IS:
        
        CAUSE; AND
        
        DUE PROCESS
        except for cause and upon compliance with due process as provided for by law.
        
        *SALARIES
        The salaries of Registers of Deeds and their Deputies shall be at the following rates:*
        (1) First Class Registries The salaries of Registers of Deeds in first class Registries shall be three thousand four hundred pesos per annum less than that of the Deputy Commissioner.
        (2) Second Class Registries The salaries of Registers of Deeds in second class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in first class Registries.
        (3) Third Class Registries The salaries of Registers of Deeds in third class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in second class Registries.
        (4) The salaries of Deputy Registers of Deeds and Second Deputy Registers of Deeds shall be three thousand four hundred pesos per annum less than those of their corresponding Registers of Deeds and Deputy Registers of Deeds, respectively.
        
        RECLASSIFICATION BASED ON WORK LOAD OR CLASS OF PROVINCE/CITY FOR SALARY ADJUSTMENT
        
        SOJ CAUSES
        
        LRC RECOMMENDS
        The Secretary of Justice, upon recommendation of the Commissioner of Land Registration, shall cause the reclassification of Registries based either on work load or the class of province/city, whichever will result in a higher classification, for purposes of salary adjustments in accordance with the rates hereinabove provided.
    - - REGISTRY OBJECT:
        
        INSCRIPTION/ANNOTATION OF ACTS AND CONTRACTS RELATING TO
        -OWNERSHIP OVER REAL PROPERTY
        -OTHER RIGHTS OVER REAL PROP
        NCC 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. (605)
        
        PD 1529 CODIFIED ALL LAWS ON REGISTRATION
        PD No. 1529 has codified all laws relative to the registration of property and provides for the registration of lands under the Torrens system as well as the recording of transactions affecting unregistered lands, 10 including chattel mortgages of personal property .11
        
        INCLUDING CHATTEL MORTGAGES OF PERSONAL PROPERTY
        
        REGISTER IN PROPER REGISTRY -> CONSTRUCTIVE NOTICE
        (APPLIES TO DEED, MORTGAGE, LEASE, OR VOLUNTARY INSTRUMENT)
        The registration of instruments affecting registered land must be done in the proper registry, in order to affect and bind the land and, thus, operate as constructive notice to the world. 12 This is in full accord with Section 51 of PD No. 1529 which provides that no deed, mortgage, lease or other voluntary instrument - except a will purporting to convey or affect registered land shall take effect as a conveyance or bind the land until its registration. Thus, if the sale is not registered, it is binding only between the seller and the buyer but it does not affect innocent third persons.13
        
        ORIG COPY OF OCT FILED WITH RD
        The original copy of the original certificate of title shall be filed in the Registry of Deeds.
        
        EACH RD KEEPS A
        REGISTRATION BOOK (RB)
        
        ALL PROCESSES RELATING TO REGISTERED LAND ARE ENTERED IN RB
        -IN ORDER OF THEIR FILING
        The same shall be bound in consecutive order together with similar certificates of title and shall constitute the registration book for titled properties. 14 Each Register of Deeds shall keep a primary entry book where all instruments including copies of writs and processes relating to registered land shall be entered in the order of their filing.
        
        POINT OF REGISTRATION:
        NOTED IN RB
        They shall be regarded as registered from the time so noted. 15
      - 2. MEANING OF REGISTRATION
        
        REGISTRATION DEFINED
        
        INSCRIBED IN RD'S RECORDS
        
        ANNOTATED IN TCT'S BACK
        Registration is the ministerial act by which a deed, contract, or instrument is inscribed in the records of the Office of the Register of Deeds and annotated on the back of the TCT covering the land subject of the deed, contract, or instrument. 16 It creates a constructive notice to the whole world and binds third persons. 17
        
        STRICTLY DEFINED:
        ENTRY MADE IN REGISTRY'S RECORDS
        "Registration in general, as the law uses the word, means any entry made in the books of the Registry, including both registration in its ordinary and strict sense, and cancellation, annotation, and even the marginal notes. In its strict acceptation, it is the entry made in the Registry which records solemnly and permanently the right of ownership and other real rights."18
        
        CONSTRUCTIVE NOTICE:
        ALL INTERESTS, LEGAL & EQUITABLE
        Registration in the public registry is notice to the whole world. 19 All persons are charged with the knowledge of what it contains. All persons dealing with the land so recorded, or any portion of it, must be charged with notice of whatever it contains. The purchaser is charged with notice of every fact shown by the record and is presumed to know every fact which the record discloses. When a conveyance has been properly recorded, such record is constructive notice of its contents and all interests, legal and equitable, included therein.20
        
        3. EFFECT OF REGISTRATION
        
        SEC. 51: NO REGISTRATION =
        BINDING ONLY BETWEEN PRIVIES
        Section 51 of PD No. 1529 provides that "no deed, mortgage, lease, or other voluntary instrument, except a will purporting to convey or affect registered land shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties and as evidence of authority to the Register of Deeds to make registration.
        
        SEC. 52: REGSITRATION =
        BINDING ON ALL
        The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for the province or city where the land lies." On the other hand, Section 52 states that "(e)very 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 of 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."
        
        BAD FAITH REGISTRATION ->
        NO REGISTRATION
        Where the registration of a deed of sale was done in bad faith, it is as if no registration was made at all.
        
        THIRD PARTY'S BAD FAITH
        
        ACTUAL KNOWLEDGE OF BAD FAITH REGISTRATION OF SALE
        Conversely, actual knowledge of the sale amounts to registration thereof.21 Knowledge of a prior transfer of a registered property by a subsequent purchaser makes him a purchaser in bad faith and his knowledge of such transfer vitiates his title acquired by virtue of the latter instrument of conveyance which creates no right as against the first purchaser.
        
        REGISTRATION DOES NOT CONVERT INVALID INSTRUMENT TO A VALID ONE
        While registration operates as a notice of the deed, contract, or instrument to others, it does not add to its validity nor converts an invalid instrument into a valid one; neither does it recognize a valid and subsisting interest in the land.
        [28Pascua v. Court of Appeals, GR No. 140243, Dec. 14, 2000, 401 Phil. 350. 24Agricultural Credit Cooperative Assn. of Hinigaran v. Yusay, et al., GR No. L-13313, April 28, 1960, 107 Phil. 791.]
        
        PRIORITY BETWEEN
        2 BUYERS OF SAME IMMOVABLE PROPERTY
        
        FIRST REGISTRANT IN GF
        
        FIRST POSSESSOR IN GF
        
        BUYER IN GF + OLDEST TITLE
        Thus, between two (2) buyers of the same immovable property registered under the Torrens system, the law gives ownership priority to:
        (1) the first registrant in good faith; (2) then, the first possessor in good faith; and (3) finally, the buyer who in good faith presents the oldest title.
        
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    - - DISCHARGE OF DUTIES IN CASE OF VACANCY
        Section 11. Discharge of duties of Register of Deeds in case of vacancy, etc.
        
        (2) In case of absence, disability or suspension of the Register of Deeds without pay, or in case of vacancy in the position, the Secretary of Justice may, in his discretion, authorize the payment of an additional compensation to the official acting as Register of Deeds, such additional compensation together with his actual salary not to exceed the salary authorized for the position thus filled by him.
        [Sec. 11]
        
        (1) Until a regular Register of Deeds shall have been appointed for a province or city, or in case of vacancy in the office, or upon the occasion of the absence, illness, suspension, or inability of the Register of Deeds to discharge his duties, said duties shall be performed by the following officials, in the order in which they are mentioned below, unless the Secretary of Justice designates another official to act temporarily in his place:
        [Sec. 11]
        
        (a) For the province or city where there is a Deputy Register of Deeds, by said Deputy Register of Deeds, or by the second Deputy Register of Deeds, should there be one;
        
        (b) For the province or city where there is no Deputy or second Deputy Register of Deeds, by the Provincial or City Fiscal, or any Assistant Fiscal designated by the Provincial or City Fiscal;
        
        (3) In case of a newly-created province or city and pending establishment of a Registry of Deeds and the appointment of a regular Register of Deeds for the new province or city, the Register of Deeds of the mother province or city shall be the ex-officio Register of Deeds for said new province or city.
        [Sec. 11]
      - 1. IMPORTANCE OF A SURVEY PLAN
        
        2. ONLY LANDS MANAGEMENT BUREAU HAS AUTHORITY TO APPROVE ORIGINAL SURVEY PLANS FOR REGISTRATION PURPOSES
        
        LRA CANNOT APPROVE SURVEY PLANS
        LMB ONLY
        Pursuant to PD No. 239, dated July 9, 1973, the authority of the Land Registration Authority to approve survey plans for original registration purposes has been withdrawn.
        
        Such authority used to. be exercised jointly by the Land Registration Commission · (LRC) and the Bureau of Lands, now Lands Management Bureau (LMB), but this has resulted in wasteful overlapping of functions. There was therefore a need to centralize in one agency, the LMB, the function of verifying and approving original survey plans for all purposes in order to assure compliance with established standards and minimize irregularities in the execution of land surveys.
        
        Check sir's note on DENR Geodetic Survey Engineer
        
        SURVEY = MEASURE LAND &
        ASCERTAIN BOUNDARIES & CONTENT
        Survey is the process by which a parcel of land is measured and its boundaries and contents ascertained; also a map, plat or statement of the result of such survey, with the courses and distances and the quantity of the land.59
        
        SURVEY PLAN SERVES TO:
        
        ESTABLISH TRUE IDENTITY OF LAND
        
        ENSURE NO OVERLAPPING
        
        FORESTALL OVERLAPPING
        A survey plan serves to establish the true identity of the land to ensure that it does not overlap a parcel of land or a portion thereof already covered by a previous land registration, and to forestall the possibility that it will be overlapped by a subsequent registration of any adjoining land.60
        
        IN OVERLAPPING, GOV'T APPOINTS SURVEYOR FROM GOV'T LAND AGENCIES
        In overlapping of titles disputes, it has always been the practice for the court to appoint a surveyor from the government land agencies - the Land Registration Authority or the D ENR - to act as commissioner. 61
        
        Check sir's note on DENR Geodetic Survey Engineer
    - - NOTICE TO RD or ADVERSE PARTY
        
        COURT LIFTING PI MAY NOT ALSO ORDER REGISTRATION (NO NOTICE & HEARING)
        When a writ of preliminary injunction in a cadastral proceeding is dissolved, the obstacle to the registration of a deed of sale is removed, but it is no authority for the court to issue an order for registration of said deed without notice to the Register of Deeds or to the adverse party, where the dismissal of the cadastral case is not yet final.
        
        REGISTRATION LIES IN REGISTER OF DEEDS (NOTICE & HEARING)
        It is one thing for the Register of Deeds, in the exercise of his ministerial duties under the law, to register an instrument which in his opinion is registrable, and quite another thing for the court itself to order the registration. The former does not contemplate notice to and hearing of interested parties such as are required in a judicial proceeding nor carry with it the solemnity and legal consequences of a court judgment.5