HISTORICAL BACKGROUND

SPANISH ERA (16th Century) - lands, whether agricultural, mineral or forest

became at least technically speaking, the exclusive patrimony and dominion of the
Spanish Crown

1. Titulo Real (Royal Grant)

- lang granted to spanish subjects to encourage them to settle in the Philippines.
- To secure this grant, application is required to be filed with the municipal council
which application is considered by the viceroy, municipal president and deputy
magistrate who all sign the grant as approved and duly recorded in the council book.

A. Peonia - tract of land measuring 100ft long to 50ft wide

B. Caballeria measuring 200 feet long by 200 feet wide.

obliged to construct their houses on the lots and cultivate the agricultural lands given
to them within the time alloted to them under pain of losing their rights thereto and
paying to the government a certain amount of maravedis (1/6th of a cent)

2. Concesion Especial (Special Grant)

- acquiring title to land accomplished thru the exercise of a special power by the
Governor-General of the Philippines without any authority of a special law.
- Disposition of tide lands for purposes of reclamation and improvement and other
purposes have been made by the Governor-General

3. Composicion con el Estado or Adjustment Title

- This title is premised upon the assumption that all those lands to which the state has
never executed any deed were property of the state.
- however, of the “composicion con el estado’’ under the Spanish Mortgage Law is no
longer possible:

Section 3 of P.D. 1529

Status of other pre-existing land registration system. — The System of registration

under the Spanish Mortgage Law is hereby discontinued and all lands recorded under
said system which are not yet covered by Torrens title shall be considered as
unregistered lands.

Hereafter, all instruments affecting lands originally registered under Spanish

Mortgage Law may be recorded under Section 113 of this Decree, until the land shall
have been brought under the operation of the Torrens system.

The book of registration for unregistered lands provided under Section 194 of the
Revised Administrative Code, as amended by Act 3344, shall continue to remain in
force; provided, that all instruments dealing with unregistered lands shall henceforth
be registered under Section 113 of this Decree.

4. Titulo de Compra (Title by Purchase)

- acquired in accordance with the regulations for the sale of public lands in the
Philippines
5. Informacion Posesoria (Possessory Information Title)
An informacion posesoria under the Spanish Mortgage Law when duly inscribed in
the Registry of Property is converted into a title of ownership only after the lapse of
20 years of uninterrupted possession which must be actual, public and adverse from
the date of its inscription (Section 393, Spanish Mortgage Law). Though converted
into a title of absolute ownership, still it may be lost by prescription.

US ERA (the adoption of Torrens System in the Philippines)

On Dec. 10, 1898, the United States officially took control of the possession of the
Philippines. By virtue of the Philippine Bill of 1902 or the so-called Cooper Act, on
February 1, 1903, the Philippines officially adopted the Torrens System of Titling
thereby invalidating all Spanish titles and ownership.

With the passage of Presidential Decree No. 892, which took effect on 16 February
1976, the system of registration under the Spanish Mortgage Law was discontinued
and all lands which were not recorded under that system and were not yet covered by
Torrens titles were to be considered unregistered lands. Furthermore, “All holders of
Spanish titles or grants should apply for registration of their land under Act No. 496,
otherwise known as the Land Registration Act, within six (6) months from the
effectivity of this decree. Thereafter, Spanish titles cannot be used as evidence of land
ownership in any registration proceeding under the Torrens system. ’’ All instruments
affecting land originally registered under the Spanish Mortgage Law may be recorded
under Section 194 of the Revised Administrative Code, as amended by Act 3344.

PURPOSE OF THE TORRENS SYSTEM

1. To quiet the title to land

2. To put a stop forever to any question of legality of the title, except claims which
were noted at the time of registration, in the certificate, or which may arise subsequent
thereto
> Once a title is registered the owner may rest secure, without the necessity of waiting
in the portals of the court, to avoid the possibility of losing his land
> All the world are parties, including the government
> After the registration is complete and final, and there exists no fraud, there are no
innocent third parties who may claim any interest.
> Aims to decree land titles shall be final, irrevocable, and indisputable, and to relieve
the land of the burden of known as well as unknown claims
> The registration either relieves the land of all known as well as unknown claims
absolutely, or it compels the claimants to come unto court and to make there a record,
so that thereafter, there may be no uncertainty concerning either the character or the
extent of such claims