Land Title Settlement and Adjudication Procedures

Triggering survey and public notice

Section 1 requires that the Director of Lands give notice to persons claiming an interest and to the general public stating the day the survey will begin and describing the lands to be surveyed as accurately as possible.
Section 1 requires publication of the notice in two successive issues of the Official Gazette, in both English and Spanish.
Section 1 requires posting of the notice (in English and Spanish) on the lands to be surveyed and posting it on a conspicuous place on the chief municipal building of the municipality, township, or settlement where the lands are situated.
Section 1 requires sending copies of the notice to the president of the municipality/township/settlement and to the provincial board.

Survey conduct, access, and duties

Section 2 requires the surveyor or Bureau of Lands employee in charge to give reasonable notice of the day the survey of any portion will begin and to post the notice on the chief municipal building.
Section 2 requires the surveyor to mark boundaries of the lands using monuments set up at proper places.
Section 4 authorizes Bureau of Lands surveyors/employees and private surveyors authorized by the Bureau of Lands to enter upon the lands whenever necessary for the survey or the placement of monuments.
Section 4 requires every person claiming an interest to communicate requested boundary information to the surveyor in charge.

Crimes for interference and monument tampering

Section 4 makes willful refusal to provide requested boundary information, or willful interference with the survey or monuments, a misdemeanor.
Section 4 makes defacing, destroying, or removing monuments placed by surveyors/assistants a misdemeanor.
Section 4 makes altering the location of monuments a misdemeanor.
Section 4 makes destroying or removing notices of survey posted on the lands a misdemeanor.
Section 4 provides that upon conviction by a court of competent jurisdiction, the penalty is a fine not exceeding one hundred pesos or imprisonment not exceeding thirty days, or both, at the court’s discretion.

Exemption for already-started Bureau surveys

Section 3 states that Sections 1 and 2 do not apply when, before the Act takes effect, the Bureau of Lands has already surveyed or begun the survey of lands whose titles the public interests require to be settled and adjudicated.

Petition, cadastral lots, and filing in court

Section 5 requires that after surveying and platting, the Director of Lands, represented by the Attorney-General, must file a petition in the Court of Land Registration against holders, claimants, possessors, or occupants of the lands (or any part).
Section 5 requires the petition to state that public interests require settlement and adjudication of the titles and to pray that titles be so settled and adjudicated.
Section 5 requires the petition to include a description of the lands, be accompanied by a plan, and may include other data to furnish full notice.
Section 5 requires that parcels in the plan be bounded and that the parcels be known as “lots.”
Section 5 requires the Director of Lands to assign separate “cadastral numbers” to lots on the plans filed, and to number lots consecutively as far as practicable, beginning with the number “1”.
Section 5 permits cities or townsites to designate holdings by block and lot numbers instead of cadastral numbers, with the same effect for all purposes.

Preservation of cadastral numbers

Section 6 provides that after final decree for registration of a lot, its cadastral number cannot be changed except by order of the Court of Land Registration.
Section 6 provides that future subdivisions of a lot, with court approval, are designated by adding a letter or letters of the alphabet to the cadastral number.
Section 6 defines the letter used in subdivisions as the “cadastral letter.”
Section 6 permits subdivisions in cities or townsites to be designated by block and lot numbers instead of cadastral numbers and letters, with court approval.
Section 6 requires subdivisions to follow Section 44 of Act No. 496 and makes Section 58 of Act No. 496 applicable to conveyances of lands subdivided.

Notice of filing and mandatory citation

Section 7 requires that after receipt of the petition and plan, the clerk of the Court of Land Registration cause notice of filing to be published twice in successive issues of the Official Gazette in English and Spanish.
Section 7 requires the notice to be issued by order of the court, attested by the clerk, and substantially in the prescribed form of a “REGISTRATION OF TITLES” citation.
Section 7 requires the notice to cite all persons appearing to have an interest and adjoining owners so far as known, and to cite all whom it may concern.
Section 7 requires the notice to command appearance on a specified date and place to present claims and evidence.
Section 7 states that failure to appear results in recording of default, adjudication based on the petition and evidence, and barring the person from contesting the petition or any decree entered thereon.

Return day, mailing, and posting timelines

Section 8 requires the return of notice not to be less than thirty days nor more than one year from the date of issue.
Section 8 requires the court, within seven days after publication, to cause the clerk to mail notice to every person named whose address is known.
Section 8 requires the court to cause a duly attested copy to be posted in English and Spanish on the lands included in the application and on the chief municipal building, by the sheriff (or deputy) or other court-designated person.
Section 8 requires the posting at least fourteen days before the return day.
Section 8 requires registered mail copies to the president of the municipal council and to the provincial board.
Section 8 authorizes the court to cause other or further notice in such manner and to such persons as it deems proper.

Answers by claimants: requirements and sworn content

Section 9 requires any person claiming an interest in any part of the lands—whether named in the notice or not—to appear and file an answer.
Section 9 requires the answer to be filed on or before the return day or within further time allowed by the court.
Section 9 requires the answer to be signed and sworn by the claimant or by a person in his behalf.
Section 9 requires the answer to state whether the claimant is married or unmarried, and if married, the name of the husband or wife and the date of marriage.
Section 9 requires the answer to include:
- (a) the claimant’s age;
- (b) the cadastral number(s) of lots claimed as in the Director of Lands plan, or block and lot numbers;
- (c) the name of the barrio and the municipality/township/settlement where the lots are situated;
- (d) the adjoining owners names as far as known;
- (e) if in possession without an express Government grant, the length of possession and manner acquired, plus the length of time predecessors held possession if known;
- (f) if not in possession, the interest claimed, and time and manner of acquisition;
- (g) if assessed for taxation, the last assessed value; and
- (h) any incumbrances and the names of adverse claimants as far as known.

Legal assistance for defendants

Section 10 requires the provincial governor, upon the court’s request, to detail an officer or employee to assist defendants in preparing pleadings and evidence without cost to them.
Section 10 allows the court, in its discretion, to detail any of its own employees to perform the same service.
Section 10 authorizes the court, with approval of the Secretary of Finance and Justice, to employ necessary personnel paid out of provincial funds if the provincial governor fails to provide suitable assistance.
Section 10 requires the assisting person to prepare a sworn answer for the defendants.
Section 10 prohibits fees for preparation/acknowledgment/filing of the answer and prohibits a documentary stamp requirement.
Section 10 requires the court, before the answer-filing time expires, to issue a general notice informing interested persons of the purpose of the section and their rights.

Trial, governing rules, and effect of decrees

Section 11 provides that trial occurs at any convenient place within the province or at another place designated by the court in writing filed with the record.
Section 11 requires the trial to be conducted like ordinary trials and proceedings in the Court of Land Registration and to be governed by the same rules.
Section 11 requires entry of orders of default and confession as in ordinary cases and states they have the same effect.
Section 11 requires adjudication of conflicting interests by the court and decrees in favor of entitled persons for the lands or their parts.
Section 11 provides that final decrees are the basis for original certificates of title and those certificates have the same effect as certificates granted on application for registration under the Land Registration Act, subject to the Act’s provisions.
Section 11 applies the Land Registration Act (as amended and as later amended) to proceedings under this Act and to titles/certificates issued hereunder unless otherwise provided.

Judicial substitution and completion

Section 12 allows, upon a judge’s death during trial or inability to terminate trial, the presiding judge to designate another judge to complete and decide the case.
Section 12 provides that the replacement judge has the same powers as the judge who began the trial to decide questions arising in connection with the case and to decide based on the record evidence.

New trials limited to specific lots

Section 13 requires that when a new trial is ordered, the court must specify the lot or lots subject to the new trial.
Section 13 provides that the case remains closed as to all other lots included in the action.

Appeals: only appellant’s lots affected

Section 14 provides that on appeal to the Supreme Court from a decision or order in an action under this Act, only the lots claimed by the appellant are affected.
Section 14 provides that the Court of Land Registration’s decision is final as to remaining lots, and on expiration of time to file a bill of exceptions, final decree may be entered and certificates issued for those remaining lots.

Certificates per parcel and sufficient descriptions

Section 15 requires separate certificates of title and corresponding duplicate certificates for each separate parcel or holding included in the petition, unless the court orders otherwise.
Section 16 provides that after final decree, the designation by cadastral number (or block and lot number), plus municipality/township/settlement and province, is sufficient description for all purposes.
Section 16 provides that a subdivision’s cadastral letter added to the cadastral number, plus municipality/township/settlement and province, is sufficient description for that subdivision.
Section 16 requires that in deeds of conveyance or other documents evidencing transfer of title or creating encumbrances, cadastral numbers or block and lot numbers must be written in words and figures.

Court and register fees: fixed schedule only

Section 17 mandates that fees of registers of deeds for specified acts in proceedings are the only lawful fees and must follow the schedule below.
Section 17 sets fees by value of property as its last assessed value (or other value determined by the court):
- If value does not exceed fifty pesos, fifty centavos: — (no separate amount stated beyond the schedule line);
- If value exceeds fifty pesos but does not exceed two hundred pesos: one peso;
- If value exceeds two hundred pesos but does not exceed five hundred pesos: two pesos;
- If value exceeds five hundred pesos: six pesos.
Section 17 requires fees to become due and payable at the same manner and time as the first annual installment of costs under Section 18 and to be collected in the same manner as that installment.
Section 17 defines the fee-bearing acts as: making and entering a certificate of title (including one duplicate certificate), and registration acts (entering, indexing, filing, and attesting).

Costs sharing and special assessment lien

Section 18 allocates the survey and monumenting and registration proceedings costs as follows: one-tenth borne by the Insular Government, one-tenth paid by the province(s), and one-tenth by the municipalities/townships/settlements where the land is situated, apportioned by the court.
Section 18 treats the city of Manila as both a province and a municipality for this purpose.
Section 18 provides that if a provincial board finds a township or settlement lacks funds, its share is paid by the province.
Section 18 requires the court, in its final decision or by subsequent order, to designate the Insular Government share and the amounts to be paid by provinces and municipalities/townships/settlements, and to tax and apportion the remaining seven-tenths against lots and owners.
Section 18 prohibits apportionment of the survey costs against any lot already surveyed and platted by a duly authorized surveyor, and prohibits apportionment of survey/monumenting/registration proceedings against any lot previously registered under Act No. 496.
Section 18 treats the amount taxed against each lot/parcel as a special assessment of taxes, creates a first lien upon the land, and requires collection in five equal annual installments.
Section 18 sets the due date for the first installment at the same time as general land taxes for the year next succeeding the year the Court of Land Registration renders its decision, and requires subsequent installments to be due at the same time as general land taxes for the corresponding years.
Section 18 authorizes the owner to pay any installment at any time before it becomes due.
Section 18 requires the Director of Lands, at end of each month, to certify expenditures for each cadastral survey project to the Insular Auditor and Insular Treasurer, and authorizes payment by the Insular Treasurer to the Bureau of Lands of an amount equal to certified expenditures, with appropriated funds from the Insular Treasury.
Section 18 authorizes the Insular Treasurer to pay the Judiciary an amount equal to the cost of registration proceedings, with appropriated funds credited to Judiciary appropriations.
Section 18 requires amounts paid by provinces/municipalities and amounts collected by the provincial treasurer from lot owners to be paid into the Insular Treasury.

Partition within the land registration case

Section 19 authorizes the court, when interests of justice require or parties petition for partition, to order partition of lands included in the petition held by various persons in common or jointly.
Section 19 empowers the court to appoint two or more disinterested and judicious persons as commissioners to make partition and to issue a writ of partition directing them to set off portions to each party.
Section 19 allows, by agreement of co-owners/cotenant and with court approval, inclusion of lands not included in the petition but held by the same co-owners/cotenant in the same manner and tenure.
Section 19 allows the court to order a survey for such additional lands included in the partition proceeding.

Partition commissioners: oath, procedure, and compensation

Section 20 requires commissioners to take and subscribe an oath faithfully performing their duties before an authorized officer administering oaths and to file the oath in court with the case proceedings.
Section 21 directs that, except as provided, commissioners and the court follow the Code of Civil Procedure rules on partition by reference to sections one hundred and eighty-five, one hundred and eighty-six, one hundred and eighty-seven, one hundred and eighty-eight, one hundred and eighty-nine, one hundred and ninety, and one hundred and ninety-one.
Section 21 caps commissioners’ compensation at not to exceed three pesos per day for time actually and necessarily employed in performing duties.

Partition order effects and representation

Section 22 requires the partition order to state with adequate description the particular portion of estate apportioned to each party and gives it the same force and effect as a final judgment in partition proceedings under the Code of Civil Procedure.
Section 23 requires the guardian of minors and persons of unsound mind to represent them in partition proceedings.
Section 23 allows appointment of a guardian ad litem when no guardian is appointed or when a guardian fails to appear.
Section 23 authorizes the guardian or guardian ad litem, on behalf of the ward and with court approval, to do acts respecting partition, including amicable partition, that the ward could do if of age and of sound mind.

Partition costs, executions, and special debt rule

Section 24 treats partition proceedings authorized by this Act as part of the land registration case in connection with which partition is ordered.
Section 24 provides that the clerk shall charge no special fees for services in partition proceedings, but allows commissioners’ compensation and additional expenses (including costs of additional surveys) to be taxed as costs and apportioned among parties as the court deems just and equitable.
Section 24 provides that when the court’s order taxing and apportioning costs becomes final, execution may issue as in partition proceedings under the Code of Civil Procedure, unless the court directs installment payment as provided in Section 18.
Section 25 imposes a creditor-protection liability rule where partitioned property constitutes all or part of the estate of a deceased person not settled by administration proceedings under the Code of Civil Procedure.
Section 25 makes heirs or devisees jointly liable to creditors for the deceased’s debts for a full period of two years from the date of the partition order.
Section 25 limits liability: no heir or devisee is liable for more than the value of the property received as share.
Section 25 establishes proportional contribution mechanics between heirs/devisees based on each share’s value versus the total value of the estate.
Section 25 grants subrogation to a paying heir/devisee who pays more than proportionate share, to the extent of the excess, against other heirs/devisees for their proportionate shares.
Section 25 states that nothing in this section modifies existing law as to the order in which heirs/devisees pay the deceased’s debts.
Section 25 requires that if a creditor’s action yields a favorable judgment, the judgment must specify the maximum amount for which each heir or devisee is liable.

Interpretation, court terminology, and jurisdiction shift

Section 26 applies construction rules from sections one, two, three, and four of the Code of Civil Procedure and Section 123 of the Land Registration Act for interpreting this Act.
Section 26 provides that the word “court” means the Court of Land Registration.
Section 27 provides that if jurisdiction is transferred to Courts of First Instance, “court” is construed to mean the respective Courts of First Instance, “clerk” means the corresponding clerk or the chief of the General Land Registration Office if created.

Amendments to private surveyor requirements

Section 28 further amends Section 5 of Act No. 1875, as amended.
Section 28 imposes a duty on private surveyors who make surveys, maps, or plats for which registration of title is requested to comply with the preceding section’s requirements and promptly send reports, surveys, maps, and plats to the Bureau of Lands for verification.
Section 28 prohibits private surveyors from being authorized to make surveys for the Court of Land Registration unless they have passed a civil service examination by the Bureau of Lands to determine qualifications.
Section 28 allows surveyors with an academic diploma from a duly established university/college/school who practiced in the Philippine Islands prior to June 1, 1909, excepting those who failed an examination later provided, to be authorized by the Director of Lands without passing the examination.
Section 28 requires surveys and plans executed under such authorization to follow the “Manual of instructions of surveys to be verified by the Director of Lands for presentation to the Court of Land Registration” issued by the Bureau of Lands.
Section 28 allows withdrawal of authorization by the Director of Lands if there is doubt as to accuracy; provides for an appeal within five days of receipt of notice to a committee composed of the Governor-General, the judge of the Court of Land Registration, and a duly authorized surveyor appointed by the Governor-General; and states the committee decision is final.
Section 28 provides that if no appeal is taken or if the committee approves withdrawal, the surveyor cannot make surveys or plans for the Court of Land Registration without first passing the examination.
Section 28 provides that pending appeal, the right to make surveys for the Court of Land Registration is suspended.
Section 28 recognizes under the diploma designation those who, with similar diplomas in the time of the Spanish Government, were considered as such surveyors or entitled to practice the profession.

Title, short title, and effectivity

Section 29 provides the short title: “The Cadastral Act.”
Section 30 provides that the Act takes effect on its passage.