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    03 August 2021 Memo - Adverse Claim

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    jalco company
    The Registry of Deeds of San Fernando, Pampanga denied registration of a Notice of Adverse Claim involving several titles based on the claim being a "mere money claim". However, the notice involved rights transferred by a Real Estate Mortgage assignment, not a simple loan. It was the registry's ministerial duty to annotate notices meeting requirements, which this notice did by specifying the claimant's rights, how acquired, property description, and contact information. Yes, the registry reversibly erred by denying registration of the valid Notice of Adverse Claim.

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    03 August 2021 Memo - Adverse Claim

    Uploaded by

    jalco company
    173 views1 page
    The Registry of Deeds of San Fernando, Pampanga denied registration of a Notice of Adverse Claim involving several titles based on the claim being a "mere money claim". However, the notice involved rights transferred by a Real Estate Mortgage assignment, not a simple loan. It was the registry's ministerial duty to annotate notices meeting requirements, which this notice did by specifying the claimant's rights, how acquired, property description, and contact information. Yes, the registry reversibly erred by denying registration of the valid Notice of Adverse Claim.

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    The Registry of Deeds of San Fernando, Pampanga denied registration of a Notice of Adverse Claim involving several titles based on the claim being a "mere money claim". However, the notice involved rights transferred by a Real Estate Mortgage assignment, not a simple loan. It was the registry's ministerial duty to annotate notices meeting requirements, which this notice did by specifying the claimant's rights, how acquired, property description, and contact information. Yes, the registry reversibly erred by denying registration of the valid Notice of Adverse Claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    173 views1 page

    03 August 2021 Memo - Adverse Claim

    Uploaded by

    jalco company
    The Registry of Deeds of San Fernando, Pampanga denied registration of a Notice of Adverse Claim involving several titles based on the claim being a "mere money claim". However, the notice involved rights transferred by a Real Estate Mortgage assignment, not a simple loan. It was the registry's ministerial duty to annotate notices meeting requirements, which this notice did by specifying the claimant's rights, how acquired, property description, and contact information. Yes, the registry reversibly erred by denying registration of the valid Notice of Adverse Claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Date : 03 August 2021

    For : JAL
    From : Jalco-Legal
    Re : Adverse Claim – Danny Medina Properties
    x------------------------------------------------------------------------------------------------x

    Facts: The Registry of Deeds of San Fernando, Pampanga denied the registration of
    Notice of Adverse Claim under Registered Land Entry Number (s) involving TCT 288142-R,
    TCT 288143-R, TCT 288144-R, TCT 288145-R, TCT 288146-R, TCT 288147-R based on the
    ground that a “mere money claim is not a proper basis of an adverse claim” as it is clearly stated
    in the Deed of Assignment that the assignee is “to pursue the collection of the amount due in the
    said mortgage” and “the proceeds to be shared on a 50-50 basis”.

    Issue: Whether or not the Registry of Deeds of San Fernando, Pampanga committed a
    reversible error when it denied the annotation of the notice of adverse claim?

    Held: Yes.

    1) The Registry of Deeds of San Fernando, Pampanga failed to consider the fact that
    the subject of the aforementioned of Deed of Assignment is not a mere simple loan agreement
    but a Real Estate Mortgage. In the said deed of assignment, all the rights and interests over the
    mortgaged property were transferred. The proceeds referred to therein is not limited to monetary
    consideration but also includes the possible transfer of ownership of the mortgaged properties
    upon completion of the extrajudicial foreclosure proceedings as stated in the mortgage contract.
    Clearly, the agreement is not a simple money claim against the registered owner of the property
    because it involves rights and interests over real property.

    2) It is the ministerial duty of the Register of Deeds to annotate the Notice of


    Adverse Claim when no defect is found on the face of the instrument. Thus, the Register of
    Deeds should annotate or register the Adverse Claim once the affidavit and the supporting
    evidence, on its face, show no defect in the document;

    3) The formal requirements to register an adverse claim are the following: a) adverse
    claimant alleged right or interest; b) how and under whom such alleged right or interest is
    acquired; c) the description of the land in which the right or interest is claimed, and d)
    claimant should state his residence or the place to which all notices may be served upon him.

    Therefore, where an Affidavit of Adverse claim is in writing, indicating “the place to


    which all notices may be served upon him”, “ signed and sworn to before a notary public or
    other officer authorized to administer oath”, and clearly stating the person’s “right or interest
    subject of the claim, how, and under whom such alleged right or interest was acquired, the
    description of the land in which the right or interest is claimed, and the certificate of title
    number”, it becomes obligatory upon the Register of Deeds to annotate the adverse claim on the
    transfer certificate of title covering the property claimed.

    All of these requirements were sufficiently complied with in the Notice of Adverse Claim
    with all the supporting documents.

    Wherefore, the Register of Deeds of San Fernando, Pampanga committed a reversible


    error when it denied the annotation of the Notice of Adverse Claim.

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