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25 September 2025
Re: REQUEST AND DISCLOSURE OF PERSONAL DATA FROM THE REGISTRY OF DEEDS
Dear [Redacted],
We respond to your request for guidance on the legality of obtaining personal information from the Registry of Deeds of Antipolo City, Rizal, specifically, the names and pertinent details of the individuals who caused the registration of the instruments affecting the real properties of your deceased parents, in line with Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA) and its Implementing Rules and Regulations (IRR).
In your letter, you state that the subject properties covered by Transfer Certificate of Title (TCT) Nos. [Redacted] were previously owned by your parents, [Redacted]. You have indicated that the TCTs’ Memorandum of Encumbrances reflect several register instruments including among others: (1) Affidavits of Loss and Non-Loss; (2) Certificates Authorizing Registration (CARs) issued by the Bureau of Internal Revenue (BIR); (3) Deeds of Sale; and a (4) Special Power of Attorney.
You have written a formal letter to the Registry of Deeds, seeking the disclosure of names and pertinent details of the persons who caused the registration of the abovementioned instruments. You premised that the purpose of such request is for the exercise of legal claims, citing Section 13 (f) of the DPA as legal basis.
In their reply, the Registry of Deeds denied your request, citing its ministerial duty and asserting that they do not have the authority to determine your lawful rights. They also stated that they are not in the position to determine which personal information is necessary for the protection of lawful rights and interests of persons or establish, exercise or defense of legal claims.
Discussion
Establishment, Exercise or Defense of Legal Claims; Secs. 12 (f), 13(f), DPA
Under Sections 12 and 13 of the DPA, personal information and sensitive personal information (collectively referred to as “personal data”) may be processed when the same meets the criteria, to wit:
SEC. 12. Criteria for Lawful Processing of Personal Information. – The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists:
X X X
(f) The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.
X X X
SEC. 13. Sensitive Personal Information and Privileged Information. – The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:
X X X
(f) The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority. (Emphasis ours.)
The National Privacy Commission (NPC) clarified in NPC Advisory No. 2024-023 that Sections 12(f) and 13(f) may jointly serve as lawful bases for processing personal data in the protection of lawful rights and interests or the establishment, exercise, or defense of legal claims:
SECTION 2. Processing under Section 13 (f) of the DPA. — Processing on the basis of Section 13 (f) of the DPA requires that the processing is necessary, and the processing is for the protection of lawful rights and interests or the establishment, exercise, or defense of legal claims. Thus, processing under Section 13 (f) of the DPA is read as follows:
A. The processing is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings;
B. The processing is necessary for the establishment, exercise, or defense of legal claims; or
C. The processing entails providing to government or public authority personal data that is necessary for the protection of lawful rights and interests in court proceedings or the establishment, exercise, or defense of legal claims in relation to its constitutional or statutory mandate. Such instances may include providing information that supports the investigation of a law enforcement or regulatory agency.
SECTION 3. Processing under Section 13 (f) of the DPA as legitimate interest. — Processing under Section 13 (f) of the DPA may be considered legitimate interest under Section 12 (f) of the DPA, which is a lawful basis for processing personal information.
A. Processing personal information that is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings or necessary for the establishment, exercise, or defense of legal claims may be considered as legitimate interest under Section 12 (f) of the DPA. As such, Section 13 (f) in relation to Section 12 (f) of the DPA may be a lawful basis for processing personal information for this purpose.
B. The PIC must fulfill the requisites for processing based on legitimate interest in NPC Circular 2023-07 or the Guidelines on Legitimate Interest.
We wish to clarify that the processing based on Sections 12(f) and 13(f) may be conducted even during stages preparatory to a case. It does not require that there be an existing proceeding before an administrative agency, court, or other tribunal. Neither is it required that a filing of an actual case is subsequently made.
Based on your letter request, the purpose for seeking access to the requested documents is to facilitate the consolidation of properties in connection to the settlement of your parents’ estate, with no pending cases filed in court as of date. Such purpose constitutes as an establishment or exercise of legal claims, especially in your capacity as the compulsory heir of your deceased parents.
Accordingly, pursuant to Sections 12(f) and 13(f) of the DPA, and as clarified by NPC Advisory No. 2024-02, the processing of personal data for such purpose may be deemed lawful and may be used as bases for the request to access documents in the custody of the Registry of Deeds.
Ministerial duty of the Registry of Deeds vs. Right to Access of data subject
Section 10 of Presidential Decree (P.D.) No. 1529 or the Property Registration Decree outlines the ministerial duty of the Registry of Deeds, to wit:
X X X
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. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. 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. (Emphasis ours.)
The Supreme Court has pronounced in the following cases that:
The function of a Register of Deeds with reference to the registration of deeds, encumbrances, instruments and the like is ministerial in nature. He may not validly refuse to register a deed of sale presented to him for registration. Whether a document is valid or not is not for the Register of Deeds to determine; this function belongs to a court of competent jurisdiction. Hence, registration must be first allowed and the validity or effect thereof be litigated afterwards.
It must be emphasized that your request does not seek any interpretation of law nor a judicial determination regarding the validity of the instruments recorded. Rather, it involves access to documents already in the custody of the Registry of Deeds, specifically the identity of the individuals who cause the registration of the noted instruments. These are public documents that form part of the Registry’s records.
The request for access is in connection with the settlement of the estate of your parents, and thus constitutes a necessary step in the exercise or establishment of a legal claim, as contemplated under the Sections 12(f) and 13(f) of the DPA, and as clarified by NPC Advisory 2024-02.
In view of the foregoing, and considering that the covered documents are, by nature, public documents, the Registry of Deeds should make these documents accessible to you, subject to rules and guidelines regarding access to government-issued public documents.
In light of the foregoing, we recommend submitting another letter to the Register of Deeds reiterating your request, citing Sections 12(f) and 13(f) of the DPA, as well as NPC Advisory No. 2024-02, emphasizing that the information sought is necessary for estate settlement of your deceased parents. Likewise, we recommend that you also state that the documents requested will be used solely for purposes of protecting lawful rights and interests in relation to your parents’ estate.
Should the Registry of Deeds continue to withhold access despite the above clarification, you may elevate the matter to the local government unit (LGU) that exercises administrative control and supervision over the Registry of Deeds. You may request the assistance of the LGU’s Data Protection Officer (DPO) to ensure proper evaluation of your right to access and further guidance.
Please be advised that this Advisory Opinion was rendered based solely on the information you have provided. Any extraneous fact that may be subsequently furnished us may affect our present position. Please note further that our Advisory Opinion is not intended to adjudicate the rights and obligations of the parties involved.
For your reference.
Very truly yours,
(Sgd.) ATTY. VIDA ZORA G. BOCAR OIC-Director IV, Privacy Policy Office