End to Spanish Mortgage System in Land Registration

End to Spanish Mortgage System in Land Registration

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Title Supreme Court: End to Spanish Mortgage System in Land Registration

Law: Presidential Decree No. 892

Decision Date: Feb 16, 1976

Presidential Decree No. 892 discontinues the use of Spanish titles in land registration proceedings in the Philippines due to fraudulent transactions and conflicting claims, requiring holders of Spanish titles to apply for registration under the Land Registration Act within six months.

land registration

mortgage system

Effect on evidence and ownership claims

Spanish titles or grants that are not brought under the Torrens system within the required six (6) months lose their evidentiary role as proof of ownership in Torrens registration proceedings.
Spanish titles to lands not yet under the Torrens system are treated as not sufficient to prove ownership unless accompanied by proof of actual possession, in line with the decree’s policy.

Repeals and modifications

Section 2 of Presidential Decree No. 892 repeals or modifies all laws, executive orders, administrative orders, rules and regulations that are inconsistent with the decree’s provisions.

Effectivity

Section 3 provides that Presidential Decree No. 892 takes effect immediately upon issuance.

END