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LTD History of Land Registration

The document provides a history of land registration laws in the Philippines from the Spanish period through post-EDSA era. It notes that during the Spanish period, the Ley Hipotecaria of 1893 provided for the systematic registration of titles and possessory claims. The American period saw the establishment of the Torrens system of land registration through acts like the Land Registration Act of 1903. Important land laws were also passed during the Martial Law and Post-EDSA eras, including the Property Registration Decree of 1978 which updated earlier land registration laws.

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135 views2 pages

LTD History of Land Registration

The document provides a history of land registration laws in the Philippines from the Spanish period through post-EDSA era. It notes that during the Spanish period, the Ley Hipotecaria of 1893 provided for the systematic registration of titles and possessory claims. The American period saw the establishment of the Torrens system of land registration through acts like the Land Registration Act of 1903. Important land laws were also passed during the Martial Law and Post-EDSA eras, including the Property Registration Decree of 1978 which updated earlier land registration laws.

Uploaded by

Izelle Fuentes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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History of Land Registration Laws in the Philippines

Spanish Period

Land Registration is the judicial or administrative proceeding whereby a person’s claim over a
particular land is determined and confirmed so that such land and the ownership may be
recorded in a public registry. It does not vest title but merely evidence of such title over a
particular property
Laws of the Indies - Introduced the “Regalian Doctrine” or jura regalia. Private land titles
could only be acquired from the government either by purchase or by various modes of land
grant
Ley Hipotecaria, or the Mortgage Law of 1893 Provided for the systematic registration of
titles and as well as possessory claims. It sought to register and tax land pursuant to Royal
Decree of 1880
Royal Decree of 1894 "Maura Law” The last Spanish law promulgated in the Philippines. It
required registration of all agricultural land otherwise lands shall revert to the state
American Period
Act 926 – First Public Land Act (1903) - Governed the disposition of lands of the public
domain and operated on the assumption that title to public lands in the Philippine Islands
remained in the government
Act 496 - The Land Registration Act (Feb 1,1903) – Established the Torrens system of
registration and created the Court of Land Registration
Act 1508 – The Chattel Mortgage Law (July 2, 1906) – Act providing for the mortgaging of
personal property and for the registration of the mortgages so executed
Act 2259 – The Cadastral Act (Feb. 11, 1913) – It shall be that basis for the issuance of the
certificate of title which shall have the same effect as a certificate of title granted under the PRD
Act 2874 – Second Public Land Act - Limited the exploitation of agricultural lands to Filipinos
and Americans and citizens of other countries which gave Filipinos the same privileges
Act 3344 – System of Registration for Unregistered Lands (Dec. 8, 1926) – Under this act,
registration will yield to a third party with a better right and is for the temporary protection of the
rights of parties
Commonwealth Government
CA 141 – THE PUBLIC LAND ACT (NOV. 7, 1936) – Essentially same as Act 2874. Difference
between two relates the transitory provisions on the rights of American citizens and corporations
during the Commonwealth period at par with Filipino citizens and corporations
RA 26 – RECONSTITUTION OF ORIGINAL CERTIFICATES OF TITLE (SEPT. 25, 1946) –
Provided special procedure for judicial reconstitution of a certificate of title that got lost or
destroyed
RA 4726 – CONDOMINIUM ACT (JUNE 18, 1966) – Law governing condominiums which
established its requirements for creation
MARTIAL LAW
PD 27 – EMANCIPATION PATENTS, LAND REFORM LAW (OCT. 21 1972) Laid down a
system for the purchase by small farmers of the lands they were tilling
PD 957 - SUBDIVISION AND CONDOMINIUM PROTECTIVE BUYERS’ DECREE (JULY 12,
1976) Enacted to protect buyers of subdivision units and condominiums against
misrepresentations and fraudulent activities of sellers
PD 1529 – PROPERTY REGISTRATION DECREE (JUNE 11, 1978) – Issued in order to
update the Land Registration Act and to codify the various laws relative to registration of
property and to facilitate effective implementation of said laws. In essence, it “supersedes all
other laws relative to registration of property”
POST-EDSA
RA 6732 – amended RA 26 (July 27, 1989)

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