Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 892)
The main purpose of Presidential Decree No. 892 is to discontinue the Spanish Mortgage system of registration and the use of Spanish titles as evidence in land registration proceedings under the Torrens system, due to fraud and obsolescence of the old system.
All lands recorded under the Spanish Mortgage Law that are not yet covered by Torrens title shall be considered as unregistered lands.
Holders of Spanish titles or grants must apply for registration of their lands under the Land Registration Act (Act No. 496) within six (6) months from the effectivity of the decree.
No, after the deadline, Spanish titles cannot be used as evidence of land ownership in any registration proceedings under the Torrens system.
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 3344.
It notes that fraudulent sales, transfers, and conveyances using Spanish titles of dubious origin have caused conflicting claims and litigations, creating confusion and threatening peace and order in affected areas.
Discontinuing the Spanish Mortgage system aims to remove confusion and instability in property ownership caused by fraudulent or dubious Spanish titles and thereby promote peace and order.
All laws, executive orders, administrative orders, and rules and regulations inconsistent with the provisions of PD No. 892 are repealed or modified accordingly.
The decree took effect immediately upon its issuance on February 16, 1976.