Act No. 3621

December 5, 1929
ACT NO. 3621
AN ACT TO AMEND SECTIONS THIRTY-FOUR, THIRTY-SEVEN, THIRTY-EIGHT, AND

THIRTY-NINE OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, KNOWN AS
THE LAND REGISTRATION ACT
SECTION 1. Section thirty-four of Act Numbered Four hundred and ninety-six,

known as the Land Registration Act, is hereby amended to read as follows:
"SEC. 34. Any person claiming an interest whether named in the notice
or not, may appear and le an answer on or before the return day, or within such
further time as may be allowed by the court. The answer shall state all the
objections to the application, and shall set forth the interest claimed by the party
ling the same and apply for the remedy desired, and shall be signed and sworn
to by him or by some person in his behalf."
SECTION 2. Section thirty-seven of the same Act is hereby amended to read

as follows:
"SEC. 37. If in any case without adverse claim the court nds that the
applicant has not proper title for registration, a decree shall be entered dismissing
the application, and such decree may be ordered to be without prejudice. The
applicant may withdraw his application at any time before nal decree, upon
terms to be xed by the court: Provided, however, That in a case where there is an
adverse claim, the court shall determine the con icting interests of the applicant
and the adverse claimant, and after taking evidence shall dismiss the application
if neither of them succeeds in showing that he has proper title for registration or
shall enter a decree awarding the land applied for, any part thereof, to the person
entitled thereto, and such decree, when nal, shall entitle to the issuance of an
original certi cate of title to such person: Provided, further, That if the adverse
claim covers only a portion of the lot and said portion is not properly delimited on
the plan attached to the application, the court, upon pronouncing judgment, in
case the same be in favor of the adverse claimant, shall order the latter to le a
plan of the portion awarded to him, duly approved by the Director of Lands: And
provided, nally , That the court shall in its judgment determine the strictly
necessary expenses incurred by the applicant for fees for the registration of his
application in the o ce of the clerk of the court and for the publication thereof,
and shall order the adverse claimant to whom a portion of the land applied for
has been awarded to pay to the applicant such part of said expenses as may be
in proportion to the area awarded to said adverse claimant, unless the court nds
that the applicant, upon ling the application, acted in bad faith or knowing that
he had right to the land awarded to another, in which cases he shall not be
entitled to any refund. In case the adverse claim is for the entire lot, the refund of
expenses to which the applicant is entitled as provided in this Act shall also
include the actual cost of making the plan of the lot in question."
SECTION 3. Section thirty-eight of the same Act is hereby amended to read

as follows:
"SEC. 38. If the court after hearing nds that the applicant or adverse
claimant has title as stated in his application or adverse claim and proper for
CD Technologies Asia, Inc. 2018 cdasiaonline.com
registration, decree of con rmation and registration shall be entered. Every decree
of registration shall bind the land, and quiet title thereto, subject only to the
exceptions stated in the following sections. It shall be conclusive upon and
against all persons including the Insular Government and all the branches thereof,
whether mentioned by name in the application, notice or citation, or included in
the general description 'To all whom it may concern.' Such decree shall not be
opened by reason of the absence, infancy, or other disability of any person
affected thereby nor by any proceeding in any court for reversing judgment in
decrees, subject, however, to the right of any person deprived of land or of any
estate or interest therein by decree of registration obtained by fraud to le in the
competent Court of First Instance a petition for review within one year after entry
of the decree, provided no innocent purchaser for value has acquired an interest.
If there is any such purchaser, the decree of registration shall not be opened, but
shall remain in full force and effect forever, subject only to the right of appeal
herein before provided. But any person aggrieved by such decree in any case may
pursue his remedy by action for damages against the applicant or any other
person for fraud in producing the decree. Whenever the phrase 'innocent
purchaser for value' or an equivalent phrase occurs in this Act, it shall be
described to include an innocent lessee, mortgagee, or other encumbrancer for
value."
SECTION 4. Section thirty-nine of the same Act, as amended by Act

Numbered Two thousand and eleven, is hereby further amended to read as follows:
"SEC. 39. Every person receiving a certi cate of title in pursuance of a
decree of registration, and every subsequent purchaser of registered land who
takes a certi cate of title for value in good faith shall hold the same free of all
incumbrance except those noted on said certi cate, and any of the following
incumbrances which may be subsisting, namely: cdpr
"First. Liens, claims, or rights arising or existing under the laws or

Constitution of the United States or of the Philippine Islands which the statutes of
the Philippine Islands can not require to appear of record in the registry.
"Second. Taxes within two years after the same have become due and
payable.
"Third. Any public highway, way, private way established by law or any
Government irrigation canal or lateral thereon, where the certi cate of title does
not state that the boundaries of such highway, way, or irrigation canal or lateral
thereof, have been determined.
"But if there are easements or other rights appurtenant to a parcel of
registered land which for any reason have failed to be registered, such easements
or rights shall remain so appurtenant notwithstanding such failure, and shall be
held to pass with the land until cut off or extinguished by the registration of the
servient estate, or in any other manner."
SECTION 5. This Act shall take effect on its approval.

Approved, December 5, 1929.
CD Technologies Asia, Inc. 2018 cdasiaonline.com

Act No. 3621

Uploaded by

Copyright:

Available Formats

Act No. 3621

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Act No. 3621

Uploaded by

Copyright:

Available Formats

December 5, 1929

ACT NO. 3621

AN ACT TO AMEND SECTIONS THIRTY-FOUR, THIRTY-SEVEN, THIRTY-EIGHT, AND

SECTION 1. Section thirty-four of Act Numbered Four hundred and ninety-six,

SECTION 2. Section thirty-seven of the same Act is hereby amended to read

SECTION 3. Section thirty-eight of the same Act is hereby amended to read

SECTION 4. Section thirty-nine of the same Act, as amended by Act

"First. Liens, claims, or rights arising or existing under the laws or

SECTION 5. This Act shall take effect on its approval.

CD Technologies Asia, Inc. 2018 cdasiaonline.com

You might also like