Wednesday, February 16, 2011

LAND REGISTRATION IN THE PHILIPPINES

There are presently only two (2) systems of registration of real property or rights therein: (1) the Torrens System (2) the system of recording of unregistered  real estate.

The Torrens System was designed to establish a system of registration by which title recorded become absolute , indefeasible and imprescriptible and Act No. 496, otherwise known as the Land Registration Act, was passed and took effect on February 1, 1903.

Presidential Decree No. 1529, The Property Registration Decree was issued to cope with the growing need of updating the Land Registration Act, to codify the various other laws relative to registration of real property and real rights, and to further strengthen the Torrens system.

In order to provide for the registration of instruments affecting unregistered lands, the Administrative Code  in Section 194 established a system of regisration under which all documents, affecting lands not registered under the Spanish Mortgage Law nor under the Torrens System, be recorded in the land records of the province or city where the land lies. This sectionof the Administrative Code was subsequently amended by Act No. 2837 and later on December 8, 1926, Act No. 3344 was passed revising to a considerable extent the provisions of the Administrative Code.

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