HAPTER XV ‘CONSULTAS HAPTER XVI FINAL PROVISIONS ‘APPENDICES ‘Apex A Regal Act No, 1942. ‘yc B- Republi At No, 6732.. ‘ype C- Republi Act No, $904.. ‘Asad D Rabie At No 29 Py & BREESE ge B28 INTRODUCTION Background and Basic Laws. ) Historical background. ‘The early Filipinos were not staying in one particular place when their occupation was still hunting, They only ‘one place when they discovered farming as ivelihood. This was the beginning of the formation of villages. At this point in time, the ownership of ind was not yet a problem because there was a vast land with only a few people occupying. ‘The legal ownership of the land was formalized when the ‘me tothe Philippines. Duetotheconquest of Spain, tories, possession and lands whether agriculture, or forest land became the exclusive patrimony and of by "Treaty of Paris in 1898, private ownership of land could only be acquired through royal jions which were documented in various forms, such as: (1) Titulo Real or Royal Grant, (2) Concesion Especial or Special Grant, (3) Titulo de Compra or ‘Title by Purchase, and (4) Informacion Posesoria or Possessory Information title obtained under the Spanish Mortgage Law or under the Royal Decree of January 26, 1889.* 1. Titulo Real or Royal Grant. ‘This is granted to the Spanish subjects to encourage them to settle in the new territory. The lands are 1 Scanned with CamScannerLAND TITLES AND DEEDS distributed according to rank — discoverer and settlers, ‘They are required to construct their houses on the lot otherwise they will lose it 2. Concession Especial or Special Grant. ‘This is granted by the Governor-General of the Philippines in the exercise of his special power. 8. Composicion con el estado or Adj ‘This refers to the reasonable adj caused by possession of land beyond the granted. A title may be issued for the ex the excess. 4. Titulo de Compra or Title by Purchase. ‘This refers to the title over the land by virtue of purchase. The application to purchase the public land together with its description must be published in the Gazetta de Manila, giving 60 days for anyone to object. 5. Informacion Posesoria or Possessory Information Title. the title of the Jand by virtue of ic possession for 20 possessory information proceeding to perfoct the title within one-year period from April 17, 1894. It is enough that the action was instituted to perfect the Informacion Posesoria and it is not necessary that it has to be registered within the one- period from April 17, 1894. Under Section 19 the Informacion Posesoria has to be confirmed i registration proceeding so the applicant mus hhas actual, public and adverse possession of required number of years. J. What is required to be done is information proceeding to perf one-year period from April 17, 1894 under Maura Law. ‘The actual registration need not be within said period. INTRODUCTION Background and Basic Laws informatic ithout a showing 2. But a possessory information alone, without a showing a fie and adverse possession of the lan Oe it donership, fr a ufcient period of time, is inefective as a mode of acquiring title. Ernesto Balbin, et al. v. Pedro Medalla, et al. GR. No, L-46410, October 30, 1981 108 SCRA 666 Facts: land by virtue of Informacion Posesor ed the posse: information proceeding between 1894 and 1895 but is ‘done only on May 25, 1896. The pre 1¢ was Article 21 of Maura Law which is ut grace, is “Art, 21. A term of one year, referred to granted in order to perfect the inform in Articles 19 and 20. the expiration of this period, the right of ors and possessors to obtain a gratuitous I be extinguished; the full ownership of the land shall be restored to the State, or in a proper of neighbors, and the said ‘or their predecessors in le shall only be ent of redemption, if the land had bee ve years subsequen sions of this Chapter shall only acquire for some. the ownership ofthe alienable lands of the royal pat- rimony, in accordance with the common law.” ‘On June 19, 1962, respondents Pedro Medalla, et al. purchased said land from the heirs of Juan Ladao. On dune 14, 1963, they filed an application for registration of title of said land of Juan Ladao together with the tax declaration and tax Scanned with CamScannerLAND TITLES AND DEEDS receipt for said land from May 26, 1904 to January 21, 1962. yers (Balbin) were issued Homestead or Paten the atest was on October 14, 1959 on | land. (On Oct yer 14, 1978, the private respondents (Medalla) filed a complaint for reconveyance and ‘annulment oft The appli was opposed 6} previously issued Original Certificates of title either through Homestead or Free Patent grants. ‘The first issue is whether or not the Possessory Information Title of Juan Ladao which was registered on May 25, 1896 is valid. The petitioner assails the validity of the registration of informacion posesoria which they claim to have been done beyond the period of one year from April 17, 1894 to April 17, 1896 as allegedly required by Maura Lavo. The Supreme Court ruled that even Section 21 of ‘he Maura Law invoked by petitioners does not speak registration, but merely perfection of information which may be done by instituting possessory information proceedings within the said one-year Period fixed by the Royal Decree, possibly ending in ‘he registration of the title, depending on the evidence Presented. The registration is the act of @ government official and may not be controlled by the private party cpplying for registration of his title, i control is the commencement or n of the prescribed proceedings for the perfection of his title for which he may be penalized for tardiness of compliance, The institution ofthe proper proceeding is clearly what is required to be dane within the one-year period by the party ‘seeking to perfect hi the registration thereof. xxx for registration of title of Medalla lbin’s on the ground that they were INTRODUCTION ‘Background and Basic Laws ‘spouses were never in actual possession of the said lots. A posscevory information has o be confirmed ina land registration proceeding, as required in Section 19 of Act No. 496. “A possessory information alone, 1 showing of actual, public and adverse possession of the land under claim of ownership, for a sufficient period of time, in accordance with the law, is ineffective as a mode of acqui under Act No. 496." Hence, the petitioners (Balbin) have a better right to the land than the Medalla spouses. 4) Laws affecting titles and deeds. 1) Spanish Laws. ‘The laws that governed lands during the Spanish time were: 4) Laws of Indies. ») Ley Hipotecaria or the Spanish Mortgage Law of 1893, © Royal Decree of 1894 or the Maura Law. the last Spanish Land Law that was promulgated in the Philippines. It. requires rogistration of all agricultural lands; otherwise Islands through Public Land Act. a) 2) Scanned with CamScanner% » Laws a) LAND TITLES AND DEEDS In 1919, this Act was enacted, Act No. 2674 Ma tho second Public’ Land iperseded Act No. 926. This ig snsive in scope but limited the ‘of agricultural lands to izens of other countries cesplaitation and Americans and which accorded Filipinos the same privileges, ‘Act No. 141. On November 7, 1936, this Act ‘was approved and it amended Act No, 2874, It takes effect on December 1, 1936. It applies to lands of public domain which have been -s Affecting Registration of Titles to Land. Land Registration Act (Act No. 496). On January 1, 1903, Act No. 496 took effect. i) It established the Torrens system of registration in the country. ii) It created “Court of Land Registratio which had exclusive jurisdiction over all applications for registration. iii) It provides for an Assurance Fund. Cadastral Act (Act No, 2258). On February 11, 1913, Act No. 2259, known as the Cadastral Act, took effect. It provides that when in the opinion of the President, the publi title to any lands be he shall order the ing as interest thereon. The Director of Lands represented by the Solicitor General, shall institute registration proceedings by jessors or occupants the public interest requires that titles to such lands be settled and adjudicated. tration Decree (P.D. No. 1529). ‘roperty Registration ther re to registration of {are not inconsistent with be gleaned from the lands belong Doctrine is Scanned with CamScanner