QuestionsQuestions (Act No. 3240)
The main purpose of Act No. 3240 is to authorize the partial application of Act No. 2259 (the Cadastral Act) for the settlement and adjudication of land titles in municipalities where a regular cadastral survey has not yet been started.
A petition can be filed whenever there is a formal petition, legally sworn and endorsed by the municipal council and the provincial board, showing that in a sitio or barrio, there are 100 or more contiguous parcels of land previously surveyed by order and expense of their occupants, and the survey and plan have been approved by the Director of Lands.
The Director of Lands is responsible for filing the petition in the proper court, through the Attorney-General and with the authority of the Governor-General.
The costs shall be assessed and paid according to the pertinent provisions of the Cadastral Act, and these costs shall constitute a first lien upon the land described in the certificate of title, which lien can be canceled upon payment.
Yes, the holder is entitled to have the actual cost of the survey refunded by the person to whom the lot is finally adjudicated, except if the Government is the final adjudicate, in which case the refund is not obligated.
Whenever possible, the proceedings should be heard in the municipality where the land is situated.
Yes, the court may assign the hearing to the local justice of the peace, who shall act as referee without additional remuneration as per the Code of Procedure in Civil Actions and Special Proceedings.
If a survey is needed, the schedule of survey charges agreed upon between the private surveyor and landholders must first be submitted to and approved by the Director of Lands regarding the reasonableness and terms of payment.
No, the Act applies specifically to municipalities where a regular cadastral survey has not yet been begun.
This Act took effect upon its approval on November 27, 1925.