Title
DENR MEMORANDUM ORDER NO. 16, S. 2005
Date
Oct 27, 2005
This memorandum order clarifies that Deeds of Conveyance for Friar Lands lacking the Secretary's signature are considered valid if full payment has been made, thereby resolving uncertainties regarding land titles under Act 1120.
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Law Summary

Background and Rationale

  • This memorandum addresses uncertainties in the titles of lands disposed of by the Government under Act 1120, also known as the Friar Lands Act.
  • Issues arise from the absence of the Secretary's signature on certain Deeds of Conveyance, which were issued by the Bureau of Lands after full payment by the applicants, pending approval from the Secretary of the Department of Interior, Agriculture and Natural Resources, and currently, the Department of Natural Resources.

Authority of the Secretary

  • The Secretary's signature is characterized as a ministerial duty, meaning it is a routine obligation that follows once full payment is confirmed by the applicant.
  • The absence of the Secretary's signature on Deeds of Conveyance does not negate the validity of the documents provided that full payment has been made.

Ratification of Deeds of Conveyance

  • The memorandum declares that all Deeds of Conveyance lacking the Secretary's signature are considered signed or ratified by this order.
  • Conditions for Ratification:
    • Full payment of the purchase price must be evidenced.
    • All other requirements for the issuance of the Deed of Conveyance under Act 1120 must be fulfilled by the applicant.

Limitations and Exclusions

  • The memorandum explicitly states that it does not alter or affect any subsequent assignments, transfers, or transactions made by the applicant or their successors after the issuance of a Transfer Certificate of Title by the Registry of Deeds.

Adoption and Enforcement

  • The memorandum was adopted on October 27, 2005, and is signed by Secretary Michael T. Defensor.

Key Definitions

  • Deed of Conveyance: A legal document that transfers property rights from one party to another.
  • Ministerial Duty: An act performed by an official that is required by law and does not involve discretion.

Important Requirements

  • Full payment must be made by applicants for the ratification of Deeds of Conveyance.
  • Compliance with the provisions of Act 1120 is necessary for the validity of the transactions.

Key Takeaways

  • The DENR Memorandum Order No. 16, S. 2005, clarifies the validity of Deeds of Conveyance related to Friar Lands that lack the Secretary's signature, provided specific conditions are met.
  • The Secretary's role in signing is deemed ministerial, and the absence of a signature does not invalidate the deed if payment and other requirements are satisfied.
  • The memorandum does not impact subsequent legal transactions related to the property after the issuance of a Transfer Certificate of Title.

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