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CADASTRAL ACT
Act No. 2259
February 11, 1913
Case Overview and Summary
Summary of the Cadastral ActPurpose and Initiation of Proceedings (Sections 1-3):
- The Governor-General may order the settlement and adjudication of land titles if it is in the public interest.
- The Director of Lands or a private surveyor approved by the Director shall survey the lands.
- Notice of the survey shall be published in the Official Gazette and posted on the lands and municipal buildings.
Survey and Interference (Section 4):
- Surveyors are authorized to enter the lands for surveying and placing monuments.
- Landowners must provide information about boundary lines upon request.
- Interference with the survey or defacing monuments is a misdemeanor punishable by a fine not exceeding 100 pesos or imprisonment not exceeding 30 days, or both.
Petition for Registration (Sections 5-8):
- The Director of Lands shall file a petition in the Court of Land Registration against landholders, describing the lands and praying for settlement of titles.
- The petition shall be accompanied by a plan, and the lands shall be designated by "cadastral numbers".
- The court shall issue a notice to all interested parties, to be published in the Official Gazette and posted on the lands and municipal buildings.
- The notice shall require parties to appear and file an answer on or before the return day.
Answer to Petition (Sections 9-10):
- Claimants shall file a sworn answer stating their claim, marital status, age, cadastral number of lots claimed, location, adjoining owners, possession details, assessed value, and incumbrances.
- The provincial governor shall detail an officer to assist defendants in preparing their pleadings and evidence without cost.
Trial and Decrees (Sections 11-15):
- The trial shall be conducted like ordinary trials in the Court of Land Registration.
- Conflicting interests shall be adjudicated, and decrees shall be awarded to entitled persons.
- Decrees shall be the basis for original certificates of title with the same effect as under the Land Registration Act.
- Separate certificates shall be issued for each parcel, described by cadastral number.
Appeals and New Trials (Sections 12-14):
- If a judge is unable to terminate a trial, another judge may be designated to decide the case.
- In case of a new trial, the court shall specify the lots affected, and the case shall remain closed for other lots.
- On appeal, only the lots claimed by the appellant shall be affected.
Fees (Section 17):
- Fees for making and registering certificates of title shall range from 0.50 to 6 pesos, based on the value of the property.
Costs (Section 18):
- 10% of survey and registration costs shall be borne by the Insular Government, 10% by the province(s), and 10% by the municipality(ies).
- The remaining 70% shall be taxed against the lots and collected from owners in 5 annual installments.
- No costs shall be taxed against previously surveyed or registered lots.
Partition of Lands (Sections 19-25):
- The court may order partition of lands held in common and appoint commissioners for that purpose (Sections 19-22).
- Guardians shall represent minors and persons of unsound mind in partition proceedings (Section 23).
- Partition costs may be taxed and apportioned among interested parties (Section 24).
- If the partitioned property is part of a deceased person's estate, the heirs shall be jointly liable to creditors for 2 years, subject to certain limitations (Section 25).
Interpretation and Construction (Sections 26-27):
- The rules of construction in the Code of Civil Procedure and Land Registration Act shall apply.
- If jurisdiction is transferred to Courts of First Instance, "court" shall mean those courts.
Amendments to Existing Laws (Sections 28-29):
- Section 5 of Act No. 1875 is amended regarding the authorization and examination of private surveyors.
- The short title of this Act shall be "The Cadastral Act".
Amends
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Law
CADASTRAL ACT
Act No. 2259
•February 11, 1913
[ Act No. 2259, February 11, 1913 ]
AN ACT PROVIDING CERTAIN SPECIAL PROCEEDINGS FOR THE SETTLEMENT AND ADJUDICATION OF LAND TITLES.
By authority of the United States, be it enacted by the Philippine Legislature, that:
SECTION 1. Whenever, in the opinion of the Governor-General, the public interests require that the titles to any titles lands be settled and adjudicated, upon the order of the Governor-General, the Director of Lands or the private surveyor named by the landowners, if the Director of Lands approves, shall make a survey and plan of such lands. The Director of Lands shall give notice to persons claiming an interest in the lands, and to the general public, of the day on which such survey will begin, giving as full and accurate a description as possible of the lands to be surveyed. Such notice shall be published in two successive issues of the Official Gazette, in both the English and Spanish languages, and a copy of the notice in the English and Spanish languages shall be posted in a conspicuous...
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Amends
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