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GENERAL PROVISIONS
The Law of the Indies was followed by the Ley Hipotecaria or the
Mortgage Law of 1893. This law provided for the systematic
registration of titles and deeds as well as possessory claims
The Maura Law: was partly an amendment and was the last
Spanish land law promulgated in the Philippines, which required
the adjustment or registration of all agricultural lands, otherwise
the lands shall revert to the State
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Once a title is registered the owner may rest secure, without the
necessity of waiting in the portals of the court, to avoid the
possibility of losing his land
All the world are parties, including the government
After the registration is complete and final, and there exists no
fraud, there are no innocent third parties who may claim any
interest.
Aims to decree land titles shall be final, irrevocable, and
indisputable, and to relieve the land of the burden of known as
well as unknown claims
The registration either relieves the land of all known as well as
unknown claims absolutely, or it compels the claimants to come
unto court and to make there a record, so that thereafter, there
may be no uncertainty concerning either the character or the
extent of such claims
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1.
REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP
Registration doesnt vest title
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Merely evidence of such a title over a particular property
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Not a mode of acquiring ownership but is merely a PROCEDURE to
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establish evidence of title over realty
Where a petitioners registration of their deed of sale was done in
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bad faith, it is as if no registration was made at all insofar as
private respondent is concerned.
Registration under Act No. 496 or PD No. 1529 doesnt vest in the
registrant private or public ownership of the landit is merely
evidence of ownership but is not a mode of acquiring ownership
AND
PRESENT
LEGISLATION
ON
LAND
State has the power and right to provide for a procedure for the
adjudication of title to real estate
State has control over the real property within the limits
State doesnt possess only the right to determine how title to real
estate may be acquired and proved, but it is also within its
legislative capacity to establish the method of procedure
All land that were not acquired from the government either by
purchase or by grant, belong to the public domain
Oh Cho case: reiterated the rule enunciated in Carino, which is
any land that has been in possession of an occupant and of his
predecessors-in-interest since time immemorial, as to which such
possession would justify the presumption that the land had never
been part of the public domain or that it had been private
property even before the Spanish conquest.
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