Question & AnswerQ&A (Act No. 2259)
The purpose of Act No. 2259 is to provide special proceedings for the settlement and adjudication of land titles to settle public interest in land titles through surveys and legal procedures.
The Governor-General has the authority to order the Director of Lands or a private surveyor approved by the Director of Lands to make the survey and plan for the land titles.
Notice is given by publication in two successive issues of the Official Gazette in English and Spanish, posting copies on the lands to be surveyed and on the chief municipal building, and sending copies to the president of the municipality or township and the provincial board.
Any person who willfully refuses to give information, interferes with the survey, or damages monuments or notices shall be guilty of a misdemeanor, punishable by a fine not exceeding one hundred pesos, or imprisonment not exceeding thirty days, or both, at the court's discretion.
The petition must state that public interests require settlement of titles, describe the land, be accompanied by a plan, contain data for notice to occupants, and indicate boundaries of various parcels called "lots" with cadastral numbers or block and lot numbers in cities or townsites.
Cadastral numbers identify lots, and cadastral letters designate subdivisions of lots. These designations are used in registration, deeds of conveyance, and other documents as sufficient descriptions of the land or subdivision.
The court must publish notice twice in the Official Gazette in English and Spanish, mail notice to known persons named, post copies on the land and municipal buildings fourteen days before the return day, and may give further notice as deemed proper.
Claimants must appear by themselves or representatives, file a signed and sworn answer before the return day, state marital status, age, cadastral/block/lot numbers, location, possession details, assessed value, incumbrances, and names of adverse claimants.
The provincial governor, the court, or with the Secretary of Finance and Justice's approval, may detail or employ personnel to assist defendants in pleadings and evidence preparation without cost. No fees or stamps are charged for preparation and filing of answers.
One-tenth of the costs are borne by the Insular Government, one-tenth by provinces, one-tenth by municipalities or settlements (with province paying if municipality lacks funds), and the remaining seven-tenths are taxed and apportioned against respective lots and owners as special tax assessments, collectible in five annual installments.
The court may appoint disinterested commissioners to partition lands held in common or joint ownership, who take an oath, make the partition according to law, and issue a court order that serves as a final judgment. Costs may be taxed and apportioned among the parties.
Heirs or devisees are jointly liable to creditors for debts of the deceased up to the value of their share, for two years from the partition order. They have proportional liability, and those paying more than their share are subrogated to rights against other heirs.
Private surveyors must comply with the Director of Lands’ verification requirements, pass a Bureau of Lands qualification exam (with exceptions for certain diploma holders), and face possible withdrawal of authorization if surveys are found defective. Appeals against withdrawal go to a committee whose decision is final.
The final decree adjudicates titles, forms the basis for original certificates of title with the same effect as certificates issued under the Land Registration Act, and cadastral or block and lot numbers become sufficient descriptions of the land.
The presiding judge of the court may designate another judge to complete the trial and decide the case on the existing record, with the same powers as the original judge.