A View of Past and Present Legislation On Land Registration and Other Pertinent Laws

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Past to Present Legislation

- It followed the Law of


Indies brought by the
Applies to all lands Spanish Mortgage Law Spaniards
because they belong to the
government (Regalian (Ley Hipotecaria) 1893 - It was a systematic
registration of titles and
Doctrine) deeds as well as
possessory claims
- The law sought to register
and tax lands pursuant to
Royal Decree of 1880
Applies to all
Maura Law
agricultural lands (Royal Decree of 1894)
- It was the last Spanish
law promulgated in the
Philippines
- It was an amendment of
the Mortgage Law and the
Law of the Indies

Land Registration Act - It was enacted by the


(Act No. 496) Nov. 6, 1902 Philippine Commission.

Applies to all public and


private lands - It was copied from the
Massachusetts Land
Registration Act of 1898
- It established the
Torres system in the
country, which was - It was copied from the
formulated by Sir Robert Massachusetts Land
Richard Torres Registration Act of 1898
- It was patterned from - It placed all public and
the England Merchant private lands in the
Shipping Act used in South Philippines under the
Australia. Torrens system.

The purpose is to bring


land titles in Philippines - It requires government
under one comprehensive to issue an official
and harmonious system. certificate of title
attesting that the person
named is the owner of the
The certificates of title property described
issued are indefeasible therein, except to liens
and imprescriptible so all and encumbrances noted or
claims are quieted upon the law warrants or
its issuance. reserves.

- It highly facilitates - It created a court


land conveyance and called “Court of Land
registration registration”, which had
exclusive jurisdiction
over all applications for
registration and power to
The main purpose is to determine all questions
quiet title to land so to therein. (court with
put a stop forever to any limited jurisdiction,
question of the legality with special subject
of the title, except for matter and only one
claims which were noted purpose)
at the
time of registration.
- It transferred jurisdiction from
CFIs to Court of Land Registration.
(other courts’ powers were restricted)

- It provides for an Assurance Fund


to pay for loss or damage obtained by
any person who, without negligence
is deprived of any land or interest
therein due to the Act or
registration by other persons as
owner of the land.
Public Land Act
(Act No. 926) 1903
Applies to all Lands of public
domain except patrimonial property
of government and friar lands - It prescribed rules and regulations
for homesteading, selling, and leasing
of portions of the public domain of
Philippine Islands.
- It is the first Public Land Act
- It was passed pursuant to the
provisions of the Philippine Bill of
1902. - It prescribed the terms and
conditions to enable persons to perfect
their titles to public lands.
- It operated on assumption that
title to public lands in the
Philippines remained in the
- It provided for issuance of
government that sprung from Treaty
of Paris and other subsequent patents to certain native settlers
upon public lands
treaties between Spain and US
- It provided for establishment of town
sites and sale of lots therein,
completion of imperfect titles, and
cancellation or confirmation of
Spanish concession and grants

Cadastral Act
Applies to all types of land
(Act No. 2259) Feb. 11, 1913 - Director of Lands, represented by the
Solicitor General, institutes
registration proceedings by filing a
- President required for public
petition in proper court against
interest that title to any lands be
holders, claimants, possessors or
settled and adjudicated, so the
occupants of such land.
Director of Lands conducts a survey
with notice to all persons claiming
interest therein.
- Notice of filing of petition is
published twice in successive issues
of the Official Gazette

Public Land Act


Applies to all lands of public
domain except patrimonial property
(Act No. 2874) 1919 - It prescribed rules and regulations
for homesteading, selling, and leasing
of government and friar lands of portions of the public domain of
Philippine Islands.

- It is the first Public Land Act.


- It was passed pursuant to the It prescribed the terms and
provisions of the Philippine Bill of conditions to enable persons to
1902 perfect their titles to public lands
- It operated on assumption that - It provided for issuance of patents
title to public lands in the to certain native settlers upon public
Philippines remained in the lands.
government that sprung from Treaty
of Paris and other subsequent
treaties between Spain and US.
- It provided for establishment of
town sites and sale of lots therein,
completion of imperfect titles, and
cancellation or confirmation of
Spanish concession and grants
Public Land Act
(CA No. 141) Nov. 7, 1936

Applies to all lands of public - It was more comprehensive in scope


domain, declared open to than the first Public Land Act but
disposition and officially limited exploitation of agricultural
determined and clarified lands to Filipino and American
citizens and citizens of other
countries which gave Filipinos the
- It is the second Public Land Act.
same privileges
- It was passed under the Jones Law
Other Pertinent Laws

PD NO. 892
February 16, 1976 It was issued decreeing the discontinuance of the system of registration under
the Spanish Mortgage Law and the use of Spanish titles as evidence in land
registration proceedings

Section 1 stated that “All holders of Spanish titles or grants should apply for
registration of their lands 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 proceedings under the Torrens system. Hereafter, all instruments
affecting lands originally registered under the Spanish Mortgage Law may be
recorded under Section 194 of the Revised Administrative Code, as amended by
Act No. 3344.”

Sec. 3 of PD 1529 (Property Registration Decree) provides that:


SEC. 3. 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 the 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 books of registration
for unregistered lands provided under Section 194 of the Revised
Administrative Code, as amended by Act No. 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.
BP BLG. 129
It provides exclusive original jurisdiction in all civil actions on
Judiciary Reorganization Act of 1980 real properties with value exceeding 20,000 or exceeding 50,000 in
Metropolitan Manila except for unlawful detainer and forcible entry.

It amended Sec. 34 of BP Blg. 129 and grants the MTC, MeTC,


and MCTC delegated jurisdiction to hear and determine
cadastral or land registration proceedings when: a.) lot
sought to be registered is not the subject of controversy or
RA NO. 7691 opposition; or
March 25, 1994/ Sec. 4 Amending b.) lot is contested but value does not exceed 100,000
as determined by Affidavit of claimant, agreement of all
Sec. 34 of BP BLG 129 claimants or by the tax declaration of the real property.

- Cadastral or land registration cases filed before the


effectivity of this Administrative Circular but where
hearing has not yet commenced shall be transferred by the
Executive Judge of the Regional Trial Court having
jurisdiction over the cases to the Executive Judge of the
appropriate Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court or Municipal
Circuit Trial Court for the required raffle among the
SC ADMINISTRATIVE CIRCULAR NO. 6-93 branches of the Court under his administrative
Nov. 15, 1995 supervision; and

- Cadastral or land registration cases pending in the


Regional Trial Courts where trial had already been
commenced as of the date of the effectivity of the
Administrative Circular shall remain with said courts.
However, by agreement of the parties, these cases may be
transferred to the appropriate Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court or
Municipal Circuit Trial Courts.

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