Airezabel L.

Mayola
Land Titles and Deeds
1st Assignment
August 27, 2022

Past to Present Land Registration Legislation

The First Public Land Act (CA 926)

The first Public Land Act was passed in 1903. The law governed the disposition of lands of
the public domain. It prescribed rules and regulations for the homesteading, selling, and leasing
of portions of the public domain of the Philippine Islands, and prescribed the terms and conditions
to enable persons to perfect their titles to public lands in the Islands. It also provided for the
“issuance of patents to certain native settlers upon public lands,” for the establishment of townsites
and sale of lots therein, for the completion of imperfect titles, and for the cancellation or
confirmation of Spanish concessions and grants in the Islands.

Land Registration Act (Act No. 496)

The original Land Registration Act (Act No. 496) was approved on November 6, 1902, but
became effective on January 1, 1903. It established the Torrens system of registration in the
country. It created a court called the “Court of Land Registration” which had exclusive jurisdiction
over all applications for registration, with power to hear and determine all questions arising upon
such applications. The sole purpose of the Legislature in its creation was to bring the land titles in
the Philippines under one comprehensive and harmonious system, the cardinal features of which
are indefeasibility of title and the intervention of the State as a prerequisite to the creation and
transfer of titles and interests, with the resultant increase in the use of land as a business asset by
reason of the greater certainty and security of title. It does not create a title nor vest one.
It simply confirms a title already created and already vested, rendering it forever indefeasible. The
office of the court is solely to register title.

By the passage of Act No. 496, two things occurred worthy of note: first, a court of limited
jurisdiction, with special subject matter, and with only one purpose, was created, and second, by
reason thereof, courts, theretofore of general, original, and exclusive jurisdiction, were shorn of
some of their attributes; in other words, their powers were restricted. After land has been finally
registered, the Court of Land Registration ceased to have jurisdiction

The Cadastral Act (Act No. 2259)

The cadastral system of registration took effect with the enactment on February 11, 1913
of Act No. 2259. When, in the opinion of the President, the public interest requires that title to any
lands be settled and adjudicated, he shall order the Director of Lands to make a survey thereof,
with notice to all persons claiming an interest therein. Thereafter, the Director of Lands,
represented by the Solicitor General, shall institute registration proceedings by filing a petition in
the proper court against the holders, claimants, possessors or occupants of such lands, stating that
the public interest requires that the titles to such lands be settled and adjudicated. Notice of the
filing of the petition is published twice in successive issues of the Official Gazette. All conflicting
interests shall be adjudicated by the court and decree awarded to the person entitled to the
lands or parts thereof. The decree shall be the basis for the issuance of the certificate of title which
shall have the same effect as a certificate of title granted under the Property Registration Decree.

The Second Public Land Act (CA 2874)

The Second Public Land Act (Act 2874) was thus enacted on 1919 in order to
hasten the disposition of public agricultural lands to the Filipinos by introducing the system
of land classification and increasing the homestead area from sixteen (16) hectares to
twenty four (24) hectares. This new law was passed under the Jones Law. It was more
comprehensive in scope but limited the exploitation of agricultural lands to Filipinos and
Americans and citizens of other countries which gave Filipinos the same privileges.

CA No. 141, the present Public Land Act

Essentially the same as Act No. 2874. The main difference between the two relates to the
transitory provisions on the rights of American citizens and corporations during the Commonwealth
period at par with Filipino citizens and corporations. CA No. 141, approved November 7, 1936,
applies to lands of the public domain which have been declared open to disposition or
concession and officially delimited and classified. It contains provisions on the different modes of
government grant, e.g., homesteads, sale, free patents (administrative legalization), and
reservations for public and semi-public purpose.

The Property Registration Decree (PD No. 1529)

On June 11, 1978, PD No. 1529, otherwise known as the “Property Registration Decree,”
was approved. The Decree was issued in order to update the Land Registration Act and to codify
the various laws relative to registration of property and to facilitate effective implementation of
said laws. As expressed in Director of Lands v. Santiago, the Decree “supersedes all other laws
relative to registration of property.” Regional Trial Courts of the city or province where the land lies
exercise jurisdiction over applications for registration and all subsequent proceedings relative
thereto, subject to judicial review.

PD No. 1529 has substantially incorporated the substantive and procedural requirements
of its precursor, the Land Registration Act of 1902. But it has expanded its coverage to include
judicial confirmation of imperfect or incomplete titles in its Section 14(1), cadastral registration
proceedings in Sections 35 to 38, voluntary proceedings in Sections 51 to 68, involuntary
proceedings in Sections 69 to 77, certificates of land transfer and emancipation patents issued
pursuant to PD No. 27 in Sections 104 to 106, and reconstitution of lost or destroyed original Torrens
titles in Section 110.