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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
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SENAT~ 
S.B.NO.~93 
Introduced by Senator Maria Lourdes Nancy S. Binay 
Sl'l'tlltt' 
(1}Ih;, "f Ill' .li'rrr.I .. ~ 
14 SEP -8 P6:03 
RECEIVED BY:-f~ 
AN ACT AMENDING THE PROCEDURE ON CONSULTAS AMENDING FOR THE 
PURPOSE SECTION 117 OF PRESIDENTIAL DECREE 1529 
EXPLANATORY NOTE 
Section 117 of Presidential Decree 1529 or Property Registration Decree provides the legal 
framework for the filing of Consulta. 
The foregoing procedures however appear to encourage the indiscriminate filing of Consultas 
even though the basis are patently unmeritorious. These patently baseless Consultas 
contribute to the congestion of the dockets of the Land Registration Authority to the prejudice 
of those raising legitimate legal issues. 
To curb frivolous resorts to Consultas, safeguards have to be made. One simple yet critical 
safeguard is the requirement that the Consultas be under oath and that there should be a 
certification against forum shopping duly notarized. The possible criminal liability for perjury 
should serve as a deterrent to parties with frivolous claims. 
In view of the foregoing, the passage of this bill is earnestly requested. 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
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S.B. NO. --2393 
Introduced by Senator Maria Lourdes Nancy S. Binay 
'sPl'wtr 
{/,lit,;" "f tlj' :i-'ml"t~ 
'14 
SEP -8 P6:03 
AN ACT AMENDING THE PROCEDURE ON CONSULTAS AMENDING FOR THE 
PURPOSE SECTION 117 OF PRESIDENTIAL DECREE 1529 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION I. Section 117 ofPD 1529 is hereby amended to read as follows: 
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"CHAPTER XV 
CONSULTAS 
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Section 117. Procedure. When the Register of Deeds is in doubt with regard to the 
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proper step to be taken or memorandum to be made in pursuance of any deed, 
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mortgage or other instrument presented to him for registration, or where any party in 
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interest does not agree with the action taken by the Register of Deeds with reference to 
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any such instrument, the question shall be submitted to the [Commissioner of Land 
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Registration] ADMINISTRATOR OF THE LAND REGISTRATION AUTHORITY 
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by the Register of Deeds, or by the party in interest thru the Register of DEEDS 
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THROUGH A PETITION EN CONSULTA. 
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Where the instrument is denied registration, the Register of Deeds shall notiry the 
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interested party in writing, setting forth the defects of the instrument or legal grounds 
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relied upon, and advising him that if he is not agreeable to such ruling, he may, without 
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withdrawing the documents from the Registry, elevate the matter by consulta within 
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[five days] FIFTEEN (15) DAYS from receipt of notice of the denial of registration to 
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the [Commissioner of Land Registration] ADMINISTRATOR OF THE LAND 
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REGISTRATION AUTHORITY. 
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THE PETITION IN CONSULTA, WHICH SHALL BE FILED BEFORE THE 
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REGISTER OF DEEDS, SHALL BE VERIFIED. IN ADDITION TO THE 
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REQUIREMENT OF VERIFICATION, A CERTIFICATION AGAINST FORUM 
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SHOPPING IN THE FORM PRESCRIBED UNDER RULE 7 SECTION 4 OF THE 
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RULES OF COURT, SHALL BE ATTACHED TO THE CONSULTA. 
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THE REGISTRARS OF DEEDS ELEVATING THE MATTER TO THE LAND 
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REGISTRATION AUTHORITY BY WAY OF CONSULTA SHALL NOT BE 
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REQUIRED TO VERIFY HIS PLEADINGS NOR ATTACH A CERTIFICATION 
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AGAINST FORUM SHOPPING. 


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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. 
The [Commissioner of Land Registration] ADMINISTRATOR OF THE LAND 
REGISTRATION AUTHORITY, considering the consulta and the records certified to 
him after notice to the parties and hearing, shall enter an order prescribing the step to 
be taken or memorandum to be made. His resolution or ruling in consultas shall be 
conclusive and binding upon all Registers of Deeds, provided, that the party in interest 
who disagrees with the final resolution, ruling or order of the [Commissioner] 
ADMINISTRATOR relative to consultas may appeal to the Court of Appeals within 
the period and in manner provided UNDER RULE 43 OF THE RULES OF COURT." 
SECTION 2. Repealing Clause. All laws, decrees, executive orders, proclamations, rules and 
regulations and other issuance of parts thereof, inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly. 
SECTION 3. Separability Clause. If, for any reason, any section or provision of this Act is 
held unconstitutional or invalid, the other sections or provisions hereof shall not be affected 
thereby. 
SECTION 4. Effectivity. This Act shall take. effect fifteen (15) days after its complete 
publication in at least two (2) newspapers of general circulation. 
Approved,