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: Arakora Daitaur
Country: Suriname
Language: English (Spanish)
Genre: Life
Published (Last): 1 June 2006
Pages: 431
PDF File Size: 7.4 Mb
ePub File Size: 10.22 Mb
ISBN: 857-1-30178-126-2
Downloads: 35434
Price: Free* [*Free Regsitration Required]
Uploader: Dora

The general purpose of the Land Registration Act was to create an indefeasible title and one free from all charges, liens and incumbrances except those preserved against it by special mention in the decree of registration or by provision of law. Provided, however, That this section shall not be construed to give the court authority to open the original decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heir, or assigns, without his or their written consent.

It seems that the affirmative answer is imperative for this is precisely the case where a real action for partition lies, because when the defendants deny co-ownership and allege exclusive ownership, the action is converted into one for the recovery of property, as we have said in former cases.

Upon the order taxing and apportioning such costs becoming final, an execution may issue therefor as in partition proceedings under the Code of Civil Procedure unless the court directs that payment be made in installments as provided in section eighteen of this Act. After final decree has been entered for the registration of a lot, its cadastral number shall not be changed except by order of the Court of First Instance.

In said certificate of title were stated the cadastrap mentioned in section 39 of the Land Registration Act in the following language —.


Photos – UST Intramuros. The municipality shall assign building numbers and register new buildings in the cadastre at the same time as building permits are granted.

As above stated, after the entry of the final decree for the registration of a lot, subdivisions thereof may be made, and the last paragraph of the said section 6 reads:. Photos – Special Events. Said amount is a part of the costs of cadastral survey corresponding proportionately to lot No. When the value of the property exceeds fifty pesos but does not exceed two hundred pesos, one peso.

The amount thus taxed against each of the lots or parcels of land shall be considered a special assessment of taxes against the respective parcels, shall constitute a first lien upon cadastrall land, and shall be collected by the Director of Lands or his duly authorized representatives in equal installments within a period of five years, bearing interest at the rate of six per centum per annum. As above stated, 259 the entry of the final decree for the registration of a lot, subdivisions thereof may be cadasfral, and the last paragraph of the said section 6 reads: When the value of property does not exceed fifty pesos, fifty centavos.


The answer shall be signed and sworn to by the claimant or by some 229 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:.

Petitioners alleged that they have been in possession of the lot for about eighteen 18 years from the time they purchased it from their predecessors-in-interest, have paid the realty taxes due thereon, and that their possession thereof was public, peaceful, in the concept of an owner, continuous and against the world.

The Cadastral Act (Act. no. 2259)

Each succeeding installment shall become due and payable at the ccadastral time as the general land taxes for the corresponding current year and shall be collected in the same manner.

I find no legal provision or valid reason in support of such view.

In Director of Lands, et al. Hence, when Pampanga Sugar Mills purchased said lot from Piffard, no incumbrance appeared on the latter’s transfer certificate of title. Photos – UST Sampaloc. In the application of the provision of the Cadastral Act, like in the cadwstral of the provision of any other laws, there are legal questions which arise, the interpretation of which may be susceptible of contradictory opinion.

This latter decree contains the technical description of the land and may not be issued until a considerable time after the promulgation of the judgment.


However, these provisions have absolutely no application to the case at bar. Such guardian or guardian “ad litem” may, on behalf of his ward, and with the approval of the court, do and perform any act, matter, or thing respecting the partition of the estate, including amicable partition thereof which such minor or person of unsound mind could do in the partition proceedings if he were of age or of sound mind.

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. In case of the death of any judge, who may have begun the trial of an action brought under the provisions of this Act, before the termination of the trial or in case of his inability for any other reason to terminate such trial, the Secretary of Justice may designate another judge to complete the trial and to decide the case.

From the agreed statement it is obvious that no publication has ever been made except the initial publication, and this did not include lot No. By agreement between the co-owners or co-tenants of lands included in the petition, lands not so included but 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 trial is had. Cadastrl the parcel is recorded in the Land Register, it may be deleted in the cadastre only if it is simultaneously deleted in the Land Register. It shall be the duty of every person claiming an interest in the lands to be surveyed, dadastral in any parcel thereof, to communicate to the surveyor in charge upon his request therefor all information possessed by acg person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.


All persons interested are given the benefit of assistance by competent officials and are informed of their rights. In cities or townsites, a designation of the land holdings by block and lot numbers may be employed instead of the 22259 by cadastral numbers and shall have the same effect for all purposes as the latter.

This is borne out by the provisions of sections 6 of Qct No. The court shall, at some convenient date prior to the expiration of the time for filing the answer, cause such general notice to be issued to all persons interested as may be necessary fully to inform them of the purposes of this section and their rights with respect thereto.

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 cadasfral survey for Land registration purposes.

The date that is used as authority for the issuance of the decree is the date when, after hearing the evidence, the caadstral court decreed the adjudication and registration of the land.

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

A cadastral decree and a certificate of title are issued only after the applicants prove all the requisite jurisdictional facts: City of Manila, 29 Phil. And this becomes the more evident in section 24 providing that the costs of partition may be taxed as costs of the cadastral proceedings, payable on installment, which means that it has to do with a partition to be made before final judgment is rendered or, at least, before the decree of registration is issued.

Balbino Gabutan again opposed the partition thus sought. Jorge Gabutan and Balbino Gabutan obtained an original certificate of title to lot No. Supposing that a registered land is involved, and the community of property is admitted by all cadastrwl parties so that a judicial declaration of their right of ownership is unnecessary, but they cannot agree as to the manner of dividing the land owned in common, may they resort to an action for partition under cadastrql Code of Civil Acr

The title intended to be created by the Land Registration Act is one not avt to hidden defects, to undeveloped or inchoate claims, 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.