Land Registration Laws in The Philippines

TITLE OF
THE LAW
Property
Registration
Decree
(PD No. 1529)
DATE
APPROVED
APPLICATION
June 11, 1978
Public Land Act

(CA No. 141)
November 7, 1936
Public Land Act

(Act N. 2874)
1919
FEATURES OF THE LAW
AMENDMENTS
All types of land
- The Decree was issued in order to update the

Land Registration Act
- To codify the various law relative to registration
of property, facilitate effective implementation of
said laws.
- Supersedes all other laws relative to registration
of property.
- An Assurance Fund is provided for the loss,
damage or deprivation of any interest sustained by
any person, without negligence on his part, as a
consequence of the bringing of the land under the
operation of the Torrens system.
- RTC of the city or province where the land lies
exercise jurisdiction over applications for
registration and all subsequent proceedings relative
there to.
- Jurisdiction over res is acquired by giving public
notice of initial hearing by means of publication,
mailing, and notice.
Lands of public
domain, declared
open to disposition
and
officially
determined
and
clarified
- It is the last Public Land Act.

- It is essentially the same as Act No. 2874
- It contain provisions on different modes of
government grants, like homesteads, sale, free
patent (administrative legalization), and reservation
for public and semi-public purpose.
- PD 1529 incorporated the substantive and

procedural requirements of its precursor, Land
Registration Act of 1902.
- Expanded its coverage to include judicial
confirmation of imperfect or incomplete titles,
cadastral registration proceedings, voluntary
proceedings, involuntary proceedings, certificates
of land transfer, emancipation patents issued and
reconstitution of lost or destroyed original Torrens
titles
- The Decree has created the Land Registration
Commission, now Land Registration Authority, as
the central repository of records relative to original
registration,
including
subdivision
and
consolidation plans of titled lands.
- Section 2 provides that RTC have exclusive
jurisdiction over all applications for original
registration of titles of lands, including
improvements and interests therein and over all
petitions filed after original registration.
- It provide transitory provisions on the rights of
American citizens and corporations during
Commonwealth period at par with Filipino citizens
and corporations.
- It provides a chapter for judicial confirmation of
imperfect or incomplete titles based on acquisitive
prescription.
- It was more comprehensive in scope than the first
Public Land Act but limited exploitation of
agricultural lands to Filipino and American citizens
and citizens of other countries which gave
Filipinos the same privileges.
Lands of public - It is the second Public Land Act.

domain, declared - It was passed under the Jones Law.
open to disposition
and
officially
determined
and
clarified
1
Cadastral Act
(Act No. 2259)
February 11, 1913
Public Land Act

(Act No. 926)
1903
Land
Registration Act
(Act No. 496)
November 6, 1902
All types of lands
- President required for public interest that title to

any lands be settled and adjudicated, so the
Director of Lands conducts a survey with notice to
all persons claiming interest therein.
Lands of public
domain
except
patrimonial
property
of
government
and
friar lands
- It is the first Public Land Act.

- It was passed pursuant to the provisions of the
Philippine Bill of 1902.
- It operated on assumption that title to public lands
in the Philippines remained in the government that
sprung from Treaty of Paris and other subsequent
treaties between Spain and US.
All public
private lands
- It was enacted by the Philippine Commission.

- It was copied from the Massachusetts Land
Registration Act of 1898.
- It established the Torrens system in the country,
which was formulated by Sir Robert Richard
Torrens.
- It was patterned from the England Merchant
Shipping Act used in South Australia.
- The purpose is to bring land titles in Philippines
under one comprehensive and harmonious system.
- The certificates of title issued are indefeasible and
imprescriptible so all claims are quieted upon its
issuance.
- It highly facilitates land conveyance and
registration.
- The main purpose is to quiet title to land so to put
a stop forever to any question of the legality of the
title, except for claims which were noted at the
time of registration.
and
- Director of Lands, represented by the Solicitor

General, institutes registration proceedings by
filing a petition in proper court against holders,
claimants, possessors or occupants of such land.
- Notice of filing of petition is published twice in
successive issues of the Official Gazette.
- It prescribed rules and regulations for
homesteading, selling, and leasing of portions of
the public domain of Philippine Islands.
- It prescribed the terms and conditions to enable
persons to perfect their titles to public lands.
- It provided for issuance of patents to certain
native settlers upon public lands.
- 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.
- It placed all public and private lands in the
Philippines under the Torrens system.
- It requires government to issue an official
certificate of title attesting that the person named is
the owner of the property described therein, except
to liens and encumbrances noted or the law
warrants or reserves.
- It created a court called Court of Land
registration, which had exclusive jurisdiction over
all applications for registration and power to
determine all questions therein. (court with limited
jurisdiction, with special subject matter and only
one purpose)
- 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.
Maura Law
(Royal Decree of
1894)
Spanish
Mortgage Law
(Ley Hipotecaria)
1894
All
lands
agricultural
- It was the last Spanish law promulgated in the

Philippines.
- It was an amendment of the Mortgage Law and

the Law of the Indies.
1893
All lands because

they belong to the
government
(Regalian Doctrine)
- It followed the Law of Indies brought by the

Spaniards.
- It was a systematic registration of titles and deeds
as well as possessory claims.
- The law sought to register and tax lands pursuant

to Royal Decree of 1880.
OTHER PERTINENT LAWS:

A. BP BLG. 129
- It provides exclusive original jurisdiction in all civil actions on real properties with value exceeding 20,000 or exceeding 50,000 in Metropolitan Manila
except for unlawful detainer and forcible entry.
B. RA NO. 7691
- 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 opposition; or
b.) lot is contested but value does not exceed 100,000 as determined by Affidavit of claimant, agreement of all claimants or by the tax declaration of the
real property.
C. SC ADMINISTRATIVE CIRCULAR NO. 6-93
- 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 branches of the Court under his
administrative 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.
D. PD NO. 892
- 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.
3
- 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.
NOTE: from current to oldest law
Reference:
Agcaoili, Oswaldo D., Property Registration Decree and Related Laws. Manila, Rex Bookstore (2006).

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TITLE OF

June 11, 1978

Public Land Act

Public Land Act

FEATURES OF THE LAW

All types of land

- The Decree was issued in order to update the

- It is the last Public Land Act.

- PD 1529 incorporated the substantive and

Lands of public - It is the second Public Land Act.

February 11, 1913

Public Land Act

All types of lands

- President required for public interest that title to

- It is the first Public Land Act.

- It was enacted by the Philippine Commission.

- Director of Lands, represented by the Solicitor

therein due to the Act or registration by other

- It was the last Spanish law promulgated in the

- It was an amendment of the Mortgage Law and

All lands because

- It followed the Law of Indies brought by the

- The law sought to register and tax lands pursuant

OTHER PERTINENT LAWS:

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