GR L 45192; (April, 1939) (Digest)
G.R. No. L-45192; April 10, 1939
In re Consulta filed by Attorney VICENTE J. FRANCISCO on behalf of DOMINGO CABANTOG.
FACTS
The spouses Francisco Vicuña and Maxima Caballes sold three parcels of land to Domingo Cabantog on January 21, 1936. The deed of sale was presented for registration. Meanwhile, in a separate civil case (No. 6600), Maxima Caballes had been sentenced to pay Apolonia Coronado P100,000. Pending her appeal, Coronado secured an attachment on the same lands, which was entered on January 27, 1936. The Register of Deeds of Laguna refused to register the deed of sale in favor of Cabantog, suspending registration on the ground that the sale was fraudulent and intended to defeat the judgment creditor’s claim. Cabantog’s counsel elevated a consulta to the Court of First Instance, which ruled that the Register of Deeds should have registered the deed. The Register of Deeds appealed.
ISSUE
Whether the Register of Deeds has the authority to refuse registration of a deed of sale based on his personal belief that the transaction is fraudulent and intended to defraud a judgment creditor.
RULING
No. The Register of Deeds has a ministerial duty to register an instrument presented for registration where all legal requirements are met and there is no judicial order suspending such action. The question of whether a conveyance is fraudulent and intended to defraud creditors is a judicial matter that must be determined by the proper court, not by the Register of Deeds. If in doubt, the Register of Deeds should follow the procedure under Section 200 of the Administrative Code by referring the matter to the judge of the Fourth Branch of the Court of First Instance of Manila. The resolution of the lower court is affirmed.
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