Purpose and policy of the Act
- Act No. 1678 provides for publication in the Official Gazette of certain notices in Court of Land Registration proceedings.
- Act No. 1678 replaces publication in newspapers for the covered notices with Official Gazette publication.
- Act No. 1678 expedites passage because the public good requires speedy enactment in accordance with the special legislative procedure described in Section 3.
Authority for Official Gazette notice
- Section 1 amends Section 31 of Act No. 496 (as amended by Section 6 of Act No. 1648) to require Official Gazette publication of the filing notice.
- After receipt of the application, certificate, and accompanying papers from the register of deeds, the clerk must cause the notice of filing to be published.
- Publication must be done twice, in successive issues, in the Official Gazette.
Publication language and order
- Section 1 requires publication in both the English and Spanish languages.
- Section 1 requires that the notice be issued by order of the court and attested by the clerk.
- The notice must follow a form substantially as shown by Section 1, including the required heading and citation language.
Content and legal consequences of the notice
- Section 1 directs the notice to be titled “REGISTRATION OF TITLE” and to specify the Province (or city) and the Court of Land Registration.
- Section 1 requires the notice to name: (i) all persons appearing to have an interest and (ii) the adjoining owners so far as known, using the bracketed placeholders for the names and interests.
- Section 1 commands those served to appear at the Court of Land Registration on the specified date, time, and place to show cause, if any, why the application should not be granted.
- Section 1 provides that default (failure to appear) results in recording of default, treating the application as confessed, and barring the person from contesting the application or any decree entered thereon.
Prescribed form: issuance, witness, and attestation
- Section 1 requires the notice to include “Witness:” and the name of the judge and the date of issuance, using the year in the format “nineteen hundred and........”.
- Section 1 requires the notice to include “Attest:” and the clerk of said court signature line.
- Section 1 requires the notice to bear a seal.
Replacement of newspaper publication; repeal
- Section 2 states that Official Gazette publication of the notice required by Section 1 is in lieu of publication in newspapers as previously provided.
- Section 2 repeals all Acts and parts of Acts that conflict with Act No. 1678.
Expedited legislative procedure
- Section 3 declares that the public good requiring speedy enactment is satisfied by expediting passage.
- Section 3 provides that expediting follows Section 2 of “An Act prescribing the order of procedure by the Commission in the enactment of laws”, passed September 26, 1900.