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Atty. Erwin L.

TiamsonDiscussion GuideLand Title and Deeds


These are the land titles issued under the Spanish Period.Titulo Real - Title to land granted
generally to Spanish subjects in order to encouragethem to settle and go out to the people of
the new territory are called titulo real. (Law 1and 3, Title 13, Book 4, Recopilacion de las Leyes
de las Indias)Concession Especial - This is a form of acquiring title to land
accomplished through theexercise of a special power by the Governor-General of the
Philippines without anyauthority of a special law. (Law II, Title 15, Book 2 of the Law of the
Indies)Titulo de Composicion con el estado - By these titles, unlawful entries and detainer
oflands by private individuals who extended their possessions beyond the original grantswere
legalized under certain conditions. This was conceived as a means of compromisebetween the
Crown as the owner of the land and the private individual as the usurper.These titles were then
evidences of absolute ownership but may likewise be lost byprescription. The titles were
granted by the Spanish Government through the DireccionGeneral de Administracion Civil,
pursuant to the provision of the Royal Decree of 25June 1880; that granted by the Chief of the
Province by delegation pursuant to theprovisions of Royal Decree of 31 August 1888; and that
granted also under the RoyalDecree of 13 February 1894.Titulo de Compra - This is acquired in
accordance with the regulations for the sale ofpublic lands in the Philippines approved by the
Royal Decree of January 26,1889.Under the regulations, the application to purchase must be
published in the Gazetta deManila setting forth the description of the land and giving 60 days in
which anyone canpresent his objection to the same. A similar notice in the dialect was required
to beposted in the municipal building of the town in which the property was situated,
besidesmaking it public by the town crier. The sale was conducted at public auction andawarded
to the highest bidder and covered not only vacant lands but also public landsoccupied without
title.Informacion Possesoria - Ley Hipotecaria - The informacion posesoria proceedingsunder
the provisions of the Mortgage Law made effective in the Philippines onDecember 1, 1889 were
available to those who had claim to lands to have theirpossession recorded in the Registry of
Deeds.Under Article 393 of the Spanish Mortgage Law, the registered possessory
informationproceedings do not ripen into ownership except under certain conditions such as:
(a)that an applicant has been in open possession of the land; (b) that an application to thiseffect
has been led after the expiration of twenty (20) years from the date of suchregistration; (c) that
such conversion be announced by means of a proclamation in aproper ofcial bulletin; (d) that
there is a court order for the conversion of the registrationof possession into a record of
ownership; and (e) that the Register of Deeds make theproper record thereof in the RegistryBut
such recorded possessory information proceedings did not ripen into ownershipexcept under
certain conditions, the most important of which was the expiration of 20years after the entry or
record in the Registry of Deeds of the possessory informationproceedings. And under Article
394 of the Mortgage Law, the entry or record ofpossession in the Registry of Deeds did not
prejudice the owners of the propertyalthough his title had not been recorded, unless prescription
had conrmed and securedthe claim recorded.
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Atty. Erwin L. TiamsonDiscussion GuideLand Title and Deeds
3.Spanish Mortgage Law

Introduced by the Spanish, also known as the Ley Hipotecaria or law onmortgage

This is a land registration system, meaning it is not limited to registration ofmortgages but also
includes transfers and other dealings on lands.

This is the predecessor of the torrens system of land registration.

This system was founded on titles issued during the Spanish regime that wereregistered under
the mortgage law.

The latest version of this law was implemented in the Philippines in 1894 as partof the
three provincias de ultramar" with a uniform mortgage law for themtheLey Hipotecaria de
Ultramar, also known as Ley Maura, after Don Antonio Mauray Montaner, then Ministro de Ultramar.

The system co-existed with the Torrens System of Land Registration Act No. 926(An Act to
Provide with the Adjudication and Registration of Lands in thePhilippines, 1902).

It was discontinued in 1977 (PD No. 892, Discontinuance of the SpanishMortgage System of
Land Registration and of the Use of Spanish Titles asEvidence in Land Registration
Proceedings)
C.American Period
1.Treaty of Paris of 1898 Between the U.S. and Spain

All properties of the Spanish crownw e r e t r a n s f e r r e d t o t h e U n i t e d States

It excludes private lands or landsthat were already given by theSpanish Crown in favor to
privatepersons

Two types of land ownership -Lands of the public domain (alllands that belongs to the
SpanishCrown) and private lands.
2.P h i l i p p i n e B i l l o f 1 9 0 2 ( F i r s t Constitution)

Provides for the rules on disposition of lands of the public domain.

Introduction of two modes of acquiring titles to land.

Public land grants - homestead, sales, free patents;


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What can a holder of a land titleregistered under the SpanishMortgage do during the American
era?
A holder of a Spanish Title registeredunder the Spanish Mortgage Law maycontinue to use the
system in his landdealings or he may have the landregistered anew under Act No. 496 underthe
Torrens System. If he opted for ActNo. 496, he has to le a land registrationcase with the land
registration court.
Atty. Erwin L. TiamsonDiscussion GuideLand Title and Deeds

Conrmation of Titles - imperfect titles from the Spanish and title by prescriptions(by operations
of law)

Resulted to the enactment of 2 laws


a.Act No. 496 (Land Registration Law)
Provided for the registration of private lands in fee simple (Section 19) or thoselands that are
already disposed by the crown as private lands, completed title.
b.Act No. 926 (Public Land Act)
Provided for the rules on disposition of public lands (undisposed crown lands)through sales,
homestead, and free patent; provides for the rules on conrmationof imperfect spanish
grants and possessory titles (by prescription)
CASES:
1)Johnson vs Mackintosh 2)Chaves vs. The United States (175 U.S., 552)3)Valenton vs
Marciano 3 Phil. Reports 537, 2 Off. Gaz., 434, March 30, 1904; 4)Cansino vs Valdez, G.R. No.
L-2468, July 16, 19065)Cario vs Insular Government, 212 U. S., 4496)Jones vs. Insular
Government, G.R. No. L-2506 April 16, 1906, 6 Phil.122 7)Susi vs. Razon and Director
of Lands, G.R. No. L-24066, December 9, 1925 8)Mapa vs. Insular Government, G.R. No. L-
3793, February 19, 1908, 10 Phil.,1753 9)Cornelio Ramos vs. Director of Lands, (G.R. No.
13298 November 19, 1918)10)Government of the Philippine Islands vs. Abella, G.R. No. L-
25010 October 27,1926, (49 Phil. 49)11) Jocson vs Director of Forestry 12) Oh Cho vs Director
of Lands, 75 Phil. 890 13)Uy Un vs. Perez, 71 Phil. 508 "En Espaol 14)Mindanao vs. Director
of Lands, L-19535, July 10, 1967
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