QuestionsQuestions (PRESIDENTIAL DECREE NO. 892)
To discontinue the Spanish Mortgage system of land registration and to stop the use of Spanish titles as evidence in land registration proceedings under the Torrens system, due to widespread fraud and resulting confusion over land ownership.
They are considered unregistered lands.
Within six (6) months from the effectivity of PD 892.
Spanish titles cannot be used as evidence of land ownership in any registration proceedings under the Torrens system.
Spanish titles become ineffective as proof of ownership unless accompanied by proof of actual possession.
It addresses lands recorded under the Spanish Mortgage Law that are not yet covered by Torrens titles, treating them as unregistered lands.
Such instruments may be recorded under Section 194 of the Revised Administrative Code, as amended by Act No. 3344.
Fraudulent sales/transfers of large tracts, conflicting claims and litigations, instability in property ownership, and threats to peace and order.
Because recording under the Spanish Mortgage Law is practically nil based on statistics of the Land Registration Commission.
They may no longer be used as evidence of land ownership in Torrens registration proceedings.
All laws, executive orders, administrative orders, rules, and regulations inconsistent with PD 892 are repealed or modified accordingly.
It takes effect immediately.
Torrens-registered lands have titles under the Torrens system and are governed by its rules; unregistered lands require application for registration under the Land Registration Act (e.g., Act No. 496) and are treated differently for purposes of evidence and procedures.
If the land is not yet Torrens-covered and the claim is based solely on a Spanish title, PD 892 bars its use as evidence in Torrens registration proceedings (especially after the six-month deadline), unless accompanied by proof of actual possession (as referenced in the preamble).
It explains that Spanish titles to such lands are subject to prescription, making them ineffective to prove ownership unless supported by proof of actual possession.