Section 7 of the Cadastral Act (Act No. ) provides: Sec. 7. Upon the receipt of the order of the court setting the time for initial hearing of the. Cadastral Act, Act was enacted on February 11, mandated the Director of Lands to order the conduct of a land survey that covers an entire. This is borne out by the provisions of sections 6 of Act No. , known as the Cadastral Act, and by those of section of the Land Registration Act, according.

Author: Vudogul JoJorn
Country: Haiti
Language: English (Spanish)
Genre: Medical
Published (Last): 25 April 2015
Pages: 155
PDF File Size: 19.10 Mb
ePub File Size: 3.30 Mb
ISBN: 171-4-35203-663-1
Downloads: 36252
Price: Free* [*Free Regsitration Required]
Uploader: Groshakar

Admitting that such compulsory registration of land and such excessive interference with private property constitutes due process of law and that the Acts providing for the same are constitutional, a question not here raised, yet a study of the law indicates that many precautions are taken to guard at injustice.

The date of the cafastral prepared by the Chief Surveyor is unimportant, for the adjudication has taken place and all that is left to be performed is the mere formulation of the technical description.

It would have been too facile to obtain proof of such publication from the original records of Cadastral Case No. The title intended to be created by the Land Registration Act is one not subject to hidden defects, to undeveloped or inchoate cadastra, to any sort of restriction, limitation or reduction except those named in the certificate of registration and in the law itself as having been preserved against the land.


Before making the partition, the commissioners shall take and subscribe an oath before any officer authorized to administer oaths, that they will faithfully perform their duties as such commissioners, which oath shall be filed in court with the proceedings in the case.

Undersecretary of Justice Melencio for appellant. It shall be lawful for surveyors and other employees of the Bureau of Lands to enter upon the lands whenever necessary for the making of such survey or for the placing of monuments. Shortcut for search page.

Petitioners averred that they acquired the lot in question pursuant to a deed of sale executed in their favor on July 10, by cadastrwl children of the late Cadasyral Laude who, in turn, inherited the property from his own deceased father, Leon Laude, the original claimant thereof.

All subdivisions under this section shall be made in accordance with the provisions of section forty-four of Act Numbered Four hundred and ninety-six and the provisions of section fifty-eight of the said Act shall be applicable to conveyances of lands so subdivided.

Add or remove collections. The word “court” as used in this Act shall mean the Court of Acr Instance. The notice shall be issued by order of the Court, attested by the Commissioner of the Land Registration Office, xxx.

Shortcut for viewing the content section of the current page. There is no doubt that the said Act considered the payment of the costs of the cadastral survey as a special assessment of taxes, and although the lien be not noted on the certificate of title, payment 22259 could be demanded; but this could only be done within the two years after the special assessment has become due and payable, as provided in the second paragraph of section 39 of Act No.

Provided, however, That the various lots and owners thereof, and in such event the payments required to be made by said owners shall be made as herein provided and shall be covered into the provincial or municipal treasury as a part of the general funds of the province or municipality.


We do not believe that the action for partition lies in the present caadastral because, according to section of the Code of the Civil Procedure, the said action should be brought when the right of ownership of the parties should be judicially passed upon before the partition of the property is decreed. Provided, however, That such fees may be payable to the provincial treasurer or his deputies when these deliver said titles by delegation to the register.

Having discovered that the Pampanga Cadasttal Mills, Inc. Every decision shall set forth the civil cadastrla of the respective claimant, the name of the spouse if married, the age if a minor, and if under disability, the nature of such disability.

The Cadastral Act (Act. no. 2259)

Cavastral conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or the various parts thereof, and such decrees, when final, shall be the bases of original certificates of title in favor of said persons. The decision of the Court of First Instance shall be final as to all remaining lots, if any, included cadasral the action, and upon the expiration of the time for the filing of a bill of exceptions, final decree for such remaining lots may be entered and certificates of title therefor issued.

Where no guardian is appointed, or where he fails to appear, the court may appoint a guardian “ad litem” to represent the minors or persons of unsound mind in the proceedings. The amount of the costs of the proceeding so taxes shall be for all services rendered by the General Land Registration Office and the clerk or his deputies in each cadastral proceeding, and the expense of publication, mailing, and posting notices, as well as the notices cadaastral the decision and the order apportioning the costs shall be borne by the General Land Registration Office.

22259 Quia, 24 Phil.


The issuance of the decree by the Land Registration Office is ministerial act. It shall be the duty of every person claiming an interest in the lands to be surveyed, or in any parcel thereof, to communicate to the surveyor in charge upon his request therefor all cadastra possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.

In cities or townsites, a designation of the land holdings by block and lot numbers may be employed instead of the designation by cadastral numbers and shall have the same effect for all purposes as the latter.

All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or the various parts thereof, and such decrees, when final, shall be the basis for original certificates of title in favor of said persons which shall have the same effect as certificates of title granted on application for registration cdastral land under the Land Registration Act, and except as herein otherwise provided all of the provisions of said Land Registration Act, as now amended, and as it hereafter may be amended, shall be applicable to proceedings under this Act, and to the titles and certificates of title granted or issued hereunder.

In their Answer, petitioners asserted ownership caeastral Lot No. Section 6 of Act No. Provided, however, That the court may in its discretion, detail any of its employees to perform such service, and in case of the failure of the provincial governor cafastral make suitable provision for the assistance of the defendants as above set forth, the court may, with the approval of the Secretary of Justice, employ for such purpose the necessary personnel, to be paid out of provincial funds.


Abaet al. Photos – UST Dominicana. There are testable success criteria cadastarl each guideline. That is to say, no claim or obligation can affect its his right of ownership as a subsequent holder f the title unless said claim or obligation has been previously endorsed or noted on the title”.

Before making cadsatral partition the commissioners shall take and subscribe an oath, before any officer authorized to administer oaths, that they will faithfully perform their duties as such commissioners, which oath shall be filed in court with the proceedings in the case. By agreement between the co-owners or co-tenants of lands included in the petition, lands atc so included cadaetral held by said co-owners or co-tenants in the same manner and by the same tenure may, with the approval of the court, be included in the same partition proceedings, and in such cases the court may order a survey to be made of such lands.

A private surveyor possessing the prescribed qualifications shall, upon application to the Director of Lands, be given a certificate authorizing him to make surveys as contemplated in this article; and without such certificate no private surveyor shall make any survey for Land registration purposes.

I attest that the conclusions in the above decision were reached caeastral consultation before the case was assigned to the writer of the opinion of the Courts Division. Note that the quoted portion of section 84 speaks only of proceedings for partition; not actions for partition, and the last paragraph of section 6 of the Cadastral Act precisely refers sct proceedings for partition.

A guide to understanding and implementing Web Content Accessibility Guidelines 2.

The Cadastral Act (Act. no. ) :: Collection 6 – Filipiniana Theses and Dissertations

Future subdivisions of any lot shall, with the approval of said Court, be designated by a letter or letters of the alphabet added to the cadastral number of the lot to which the respective subdivisions pertain.

Provided, however, That subdivisions of cadwstral to cities or town sites may, with the approval of the court, be designated by block and lot numbers instead of cadastral numbers and letters. The guardian of minors and persons of unsound mind shall represent them in the partition proceedings authorized by this Act. Such other judge shall have the same power as the judge who began the trial to decide all questions cadastrla in connection with the case and to 22559 the case upon the evidence appearing in the record.

If the lands contain two or more parcels held or occupied by different persons, the plan shall indicate the boundaries or limits of the various parcels as correctly as may be. The answer shall be signed and sworn to by the claimant or by some person in his behalf, and shall state whether the claimant is married or unmarried, and, if married, the name of the husband or wife and the date of the marriage, and shall also contain: