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ACT NO. 2259
ACT NO. 2259 - THE CADASTRAL ACT
Section 1. When, in the opinion of the Governor-General (now
the President), the public interests require that the title to any
lands be titled and adjudicated, he may to this end order the Director
of Lands to make a survey and plan thereof. (As amended by Sec. 1850,
Act No. 2711.)
The Director of Lands shall, thereupon, 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, and a copy of the
notice in the English and Spanish languages shall be posted in a
conspicuous place on the chief municipal building of the municipality,
township or settlement in which the lands, or any portion thereof, are
situated. A copy of the notice shall also be sent to the president of
such municipality, township, or settlement, and to the provincial
board. (As amended by Sec. 1851, Act No. 2711.)
Sec. 2. The surveyor or other employees of the
Bureau of Lands in charge of the survey shall give reasonable notice to
the day on which the survey of any portion of such lands is to begin,
and shall post such notice in the usual place on the chief municipal
building of such municipality, township, or settlement in which the
lands are situated, and shall mark the boundaries of the lands by
monuments set up at proper places thereon. (As amended by Sec. 1852,
Act No. 2711.)
Sec. 3. (Repealed by Act No. 2711.)
Sec. 4. It shall be lawful for surveyors and other
employees of the Bureau of Lands to enter upon the lands whenever
necessary for the making of such survey or for the placing of
monuments. (As amended by Sec. 1853, Act No. 2711.)
It shall be the duty of every person claiming an interest in the lands
to be surveyed, or in any parcel thereof, to communicate to the
surveyor in charge upon his request therefor all information possessed
by such person concerning the boundary lines of any lands to which he
claims title or in which he claims any interest. (As amended by Sec.
1584, Act No. 2711.)
Interference with surveys and monuments. Any person who shall interfere
with the making of any survey undertaken by the Bureau of Lands, or
shall interfere with the placing of any monument in connection with any
such survey, or shall deface, destroy, or remove any monuments so
placed, or shall alter the location of any such monument, or shall
destroy or remove any notice of survey posted on the land pursuant to
law, shall be punished by a fine of not more than one hundred pesos or
by imprisonment for not more than thirty days or both. (As amended by
Section 2753, Act No. 2711.)
Sec. 5. When the lands have been surveyed and
platted, the Director of Lands represented by the Attorney-General (now
Solicitor General), shall institute registration proceedings, by
petition against the holders, claimants, possessors, or occupants of
such lands or any part thereof, stating in substance that the public
interests require that the titles to such lands be settled and
adjudicated, and praying that such titles be so settled and adjudicated.
The petition shall contain a description of the lands and shall be
accompanied by a plan thereof, and may contain such other data as may
serve to furnish full notice to the occupants of the lands and to all
persons who may claim any right or interest therein. (As amended by
Sec. 1855, Act No. 2711.)
If the lands contain two or more parcels held or occupied by different
persons, the plan shall indicate the boundaries or limits of the
various parcels as correctly as may be. The parcels shall be known as
"lots" and shall on the plans filed in the case be given separate
numbers by the Director of Lands, which numbers shall be known is
"cadastral numbers." The lots situated within each municipality,
township or settlement, shall, as far as practicable, be numbered
consecutively, beginning with the number "one" and only one series of
numbers shall be used for that purpose in each municipality, township,
or settlement.
In cities or townsites, a designation of the land holdings by block and
lot numbers may be employed instead of the designation by cadastral
numbers and shall have the same effect for all purposes as the latter.
(As amended by Sec. 1856, .Act No. 2711.)
Sec. 6. 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. Future subdivisions of
any lot shall, with the approval of said Court, be designated by a
letter or letters of the alphabet added to the cadastral number of the
lot to which the respective subdivisions pertain. The letter with which
a subdivision, is designated shall be known as its "cadastral letter":
Provided, however, That subdivisions of additions to cities or town
sites may, with the approval of the court, be designated by block and
lot numbers instead of cadastral numbers and letters.
All subdivisions under this section shall be made in accordance with
the provisions of section forty-four of Act Numbered Four hundred and
ninety-six and the provisions of section fifty-eight of the said Act
shall be applicable to conveyances of lands so subdivided.
Sec. 7. Upon the receipt of the order of the court
setting the time for initial hearing of the petition, the Chief of the
General Land Registration Office shall cause notice thereof to be
published twice, in successive issues of the Official Gazette, in the
English language. The notice shall be issued by order of the court,
attested by the Chief of the General Land Registration Office, and
shall be in form substantially as follows:
REPUBLIC OF THE PHILIPPINES
Court of First Instance, Province of __________
Cadastral Case No. _____
G.L.R.O. Cadastral Record No. _____
NOTICE OF HEARING
To (here insert the names of all persons appearing to have an interest
and the adjoining owners so far as known), and to all whom it may
concern:
WHEREAS, a petition has been presented to said Court by the Director of
Lands., praying that the titles to the following described lands or the
various parcels thereof be settled and adjudicated (insert
description), you are hereby cited to appear et the Court of First
Instance to be held at _____, in the Province of _______, on the day of
___, 19___, at ___ o'clock, to present such claims as you may have to
said lands or any portion thereof, and to present evidence, if any you
have, in support of such claims.
And unless you appear at said court at the time and place aforesaid,
your default will be recorded and the titles to the lands will be
adjudicated and determined in accordance with the prayer of the
petition and upon the evidence before the Court and you will be forever
barred from contesting such petition or any decree entered thereon.
WITNESS _____, Judge of said Court, this __ day of ____, 19 __.
ISSUED at Manila, Philippines, this __ day of _____, 19__
ATTEST:
_________________
Chief of the General
Land Registration Office
(As amended by Sec. 3, Rep. Act No. 96., and Sec. 3, Rep. Act No. 1151.)
Sec. 8. The return of said notice shall not be
less than thirty days nor more than one year from the date of issue.
The Chief of the General Land Registration Office shall also. within
seven days after the publication of said notice in the Official
Gazette, as hereinbefore provided, cause a copy of the notice to be
mailed to every person named therein whose address is known. Said
official shall also cause a duly, attested copy of the notice to be
posted, in a conspicuous place on the lands included in the petition
and also in a conspicuous place upon the chief municipal building of
the city, municipality, township, or settlement in which the lands or a
portion thereof are situated, by the sheriff of the province, or by his
deputy, or by such other person as may be designated by the Chief of
the General Land Registration Office, fourteen days at least before the
return day thereof. A copy of the notice shall also be sent by
registered mail to the Mayor of the city, municipality, township, or
settlement in which the lands are situated and to the Provincial
Governor. The court may cause other or further notice of the petition
to be given in such manner and to such persons as it may deem proper.
(As amended by Sec. 4 of Republic Act No. 96.)
Sec. 9. Any person claiming any interest in any
part of the lands, whether named in the notice or not, shall appear
before the Court by himself, or by some person in his behalf and shall
file an answer on or before the return day or within such further time
as may be allowed by the Court. The answer shall be signed and sworn to
by the claimant or by some person 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:
(a) The age of the claimant.
(b) The cadastral number of the lot or lots claimed,
as appearing on the plan filed in the case by the Director of Lands, or
the block and lot numbers, as the case may be.
(c) The name of the barrio and municipality,
township, or settlement in which the lots are situated.
(d) The names of the owners of the adjoining lots as
far as known to the claimant.
(e) If the claimant is in possession of the lots
claimed and can show no express grant of the land by the Government to
him or to his predecessors in interest, the answer shall state the
length of time he has held such possession and the manner in which it
has been acquired, and shall also state the length of time, as far as
known, during which his predecessors, if any, held possession.
(f) If the claimant is not in possession or
occupation of the lands, the answer shall fully set forth the interest
claimed by him and the time and manner of its acquisition.
(g) If the lots have been assessed for taxation,
their last assessed value.
(h) The encumbrance, if any, affecting the lots and
the names of the adverse claimants as far as known.
Sec. 10. The governor of the province shall, upon
the request of the court, detail an officer or employee of the province
to assist the defendants in action brought under this Act in the
preparation of their pleadings and evidence, without cost to them:
Provided, however, That the court may in its discretion, detail any of
its employees to perform such service, and in case of the failure of
the provincial governor to make suitable provision for the assistance
of the defendants as above set forth, the court may, with the approval
of the Secretary of Justice, employ for such purpose the necessary
personnel, to be paid out of provincial funds. The officer or employee
detailed, or the person employed to assist the defendants, shall
prepare their answer, which shall be sworn to before such officer,
employee or person. No fees shall be charged for the preparation,
acknowledgment and filing of answer, nor shall a documentary stamp be
required. 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.
Sec. 11. The trial of the case may occur at any
convenient place within the province in which the lands are situated or
at such other place as the court, for reasons stated in writing and
filed with the record of case, may designate, and shall be conducted in
the same manner as ordinary trials and proceedings in the Court of
First Instance and shall be governed by the same rules. Orders of
default and confession shall also be entered in the same manner as in
ordinary cases in cases in the same court and shall have the same
effect. All conflicting interests shall be adjudicated by the court and
decrees awarded in favor of the persons entitled to the lands or the
various parts thereof, and such decrees, when final, shall be the basis
for original certificates of title in favor of said persons which shall
have the same effect as certificates of title granted on application
for registration of land under the Land Registration Act, and except as
herein otherwise provided all of the provisions of said Land
Registration Act, as now amended, and as it hereafter may be amended,
shall be applicable to proceedings under this Act, and to the titles
and certificates of title granted or issued hereunder.
Provided, however, That in deciding a cadastral case the court shall
set aside from the cadastral proceedings all lots that have not been
contested and shall award such lots to the claimants in a decision
which shall become final thirty days after the rendition of the same,
without prejudice to going on with the preceding as regards the
contested lots. Every decision shall set forth the civil status of the
respective claimant, the name of the spouse if married, the age if a
minor, and if under disability, the nature of such disability. (,As
amended by Sec. 1, Act No. 3080.)
Sec. 12. 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. Such other judge shall have the same power as the
judge who began the trial to decide all questions arising in connection
with the case and to decide the case upon the evidence appearing in the
record.
Sec. 13. Whenever in an action brought under the
provisions of this Act a new trial is ordered, the court shall specify
the lot or lots with reference to which the new trial is ordered, and
the case shall remain closed as to all other lots, if any, included in
the action.
Sec. 14. In the event of an appeal to the Supreme
Court from any decision or order of the Court of First Instance in an
action brought under the provisions of this Act, only the lots claimed
by the appellant shall be affected thereby. The decision of the Court
of First Instance shall be final as to all remaining lots, if any,
included in the action, and upon the expiration of the time for the
filing of a bill of exceptions, final decree for such remaining lots
may be entered and certificates of title therefor issued.
Sec. 15. Except as otherwise ordered by the court,
a separate certificate of title shall be entered and a corresponding
duplicate certificate issued for each separate parcel or holding of
land included in the petition.
Sec. 16. After the entry of the final decree of
registration of any lot, the designation of the lot by its cadastral
number, or block and lot number as the case may be, together with the
name of the municipality, township, or settlement and province in which
the lot is situated, shall be a sufficient description of said lot for
all purposes. The cadastral letter of a subdivision of a lot added to
the cadastral number thereof shall, together with the name of the
municipality, township, or settlement and province, be a sufficient
description of each subdivision. In deeds of conveyance or other
documents evidencing the transfer of title to lands, or creating
encumbrances thereon, the cadastral numbers or the block and lot
numbers, as the case may be, shall be written in words and figures.
Sec. 17. In all proceedings under this Act, the
fees of the several registers of deeds for the making and entering of a
certificate of title, including the issue of one duplicate certificate,
and for the registration of the same, including the entering, indexing,
filing, and attesting thereof, shall be as follows and no other fees
shall be lawful:
When the value of property does not exceed fifty pesos, fifty centavos.
When the value of the property exceeds fifty pesos but does not exceed
two hundred pesos, one peso.
When the value of the property exceeds two hundred pesos but does not
exceed five hundred pesos, two pesos.
When the value of the property exceeds five hundred pesos, six pesos.
For the purposes of this section the value of the property shall be its
last assessed value, or, in default thereof, its market value.
The fees authorized under this section shall be payable to the register
upon the delivery of the titles to the owners thereof: Provided,
however, That such fees may be payable to the provincial treasurer or
his deputies when these deliver said titles by delegation to the
register. (As amended by Sec. 1, Act No. 3080.)
Sec. 18. (a) One-tenth of the cost of registration
proceedings and the cadastral survey and monumenting had under this Act
shall be borne by the Insular Government; one-tenth shall be paid by
the province concerned, and one-tenth by the city, municipality,
municipal district, township, or settlement in which the land is
situated, the City of Manila to be considered for this purpose, both as
a province, and municipality; and the remaining seven-tenth shall be
assessed and collected against each and all of the lots included in a
cadastral proceeding and shall be apportioned in accordance with the
square root of the area thereof, but in no case shall less than
five-pesos be taxed against each lot: Provided, That when the province,
a municipality, municipal district, township, or settlement has not
sufficient funds to pay this obligation, its share may be paid in five
equal installments within five years, without interest. 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 the 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. The first installment shall become
due and payable at the same time as the general land taxes for the year
next succeeding the year in which the assessment of the costs shall be
received by the provincial treasurer, and shall be collected in the
same manner as such general land taxes. Each succeeding installment
shall become due and payable at the same time as the general land taxes
for the corresponding current year and shall be collected in the same
manner. The Director of Lands shall for this purpose send to the
officer in charge of such collection a copy of said assessment of
costs: Provided, however, That the amounts representing the
proportional shares of the costs taxed against lots surveyed at the
request and expenses of their owner and for which a plan other than the
cadastral plan has been made by a duly authorized surveyor prior to the
decision in the cadastral proceeding, or which have been registered in
accordance with the provisions of Act Numbered Four hundred and
ninety-six, entitled. "The Land Registration Act" or surveyed,
patented, or leased under the Public Land and Mining Laws, prior to the
decision in the cadastral proceeding, or have been declared to be
public land by the court, shall not constitute a lien against said lot
nor shall be collected from the owners thereof: Provided, further, that
the owner of any lot may, if he so desired, pay any installment of the
costs taxed against his lot at any time before the same becomes due.
(b) In case of the sale, transfer, or conveyance, for
a pecuniary consideration, of any property, or part thereof, registered
by virtue of a decree issued in a cadastral proceeding, prior to the
payment of the total amount of the costs taxed against such property in
accordance with the preceding paragraph, endorsed as an encumbrance of
lien upon each cadastral certificate of title, the vendor or his legal
representatives shall pay such costs in their entirety in case the
order apportioning the costs has already been issued in the cadastral
proceeding in which the property being sold, transferred, or conveyed
is included, and the register of deeds concerned shall demand of the
vendor, before registering the deed for such sale, transfer, or
conveyance of said property, that he exhibit a receipt signed by the
Director of Lands or his duly authorized representative, showing that
such encumbrance or lien has been paid: Provided, however, That in
cases of sale, transfer, or conveyance of the property in. which the
order apportioning the costs has not yet been issued, the register
shall endorse on the certificate of transfer issued by him the
encumbrance or lien appearing on the former certificate as guarantee of
the payment of the costs above referred to.
(c) The costs of the registration proceedings under
the provisions of this Act shall consist of a sum equivalent to ten per
centum of the cost of the survey and monumenting of the land. The
amount of the costs of the proceeding so taxes shall be for all
services rendered by the General Land Registration Office and the clerk
or his deputies in each cadastral proceeding, and the expense of
publication, mailing, and posting notices, as well as the notices of
the decision and the order apportioning the costs shall be borne by the
General Land Registration Office.
(d) All amounts collected by the Director of Lands or
his duly authorized representatives from the owners of the various lots
as costs of proceedings, survey, and monumenting in accordance with
this section, shall be covered into the Insular Treasury: Provided,
however, That the various lots and owners thereof, and in such event
the payments required to be made by said owners shall be made as herein
provided and shall be covered into the provincial or municipal treasury
as a part of the general funds of the province or municipality.
(e) Upon the collection of the amount of the cost of
the registration proceedings, or part thereof, in each cadastral
proceeding in accordance with this Section , the Commissioner of Land
Registration shall forward to the Insular Auditor and the Insular
Treasurer a statement of such collection, and the latter is hereby
authorized and empowered to pay to the General Land Registration office
a sum equal to the amount of said cost of proceedings collected, and
the sums necessary to make such payments, are hereby appropriated, such
sums to be credited to the appropriation for the General Land
Registration Office for disbursement in other cadastral registration
proceedings. (As amended by Sec. 2, Act No. 3081, and Secs. 3 and 5,
Rep. Act No. 1151.)
Sec. 19. Whenever in proceedings under this Act
the Court is of the opinion that the interests of justice require or
the parties themselves petition that a partition be made of lands
included in the petition and held by various persons in common or
jointly, the court may order that partition be made and for that
purpose may appoint two or more disinterested and judicious persons to
be commissioners, commanding them to make partition of the lands and to
get off to each of the parties in interest such part and proportion of
the lands as the court shall order. 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.
Sec. 20. Before making the partition, the
commissioners shall take and subscribe an oath before any officer
authorized to administer oaths, that they will faithfully perform their
duties as such commissioners, which oath shall be filed in court with
the proceedings in the case.
Sec. 21. Except as herein otherwise provided, the
commissioners and the court in making the partition shall be governed
by the provisions of sections one hundred and eighty-five, one hundred
and eighty-six, one hundred and eighty-seven, one hundred and ninety,
one hundred-and ninety-one of the Code of Civil Procedure and the
commissioners shall receive such compensation as the court may
determine, but not to exceed three, pesos per day for the time actually
and necessarily employed in the performance of the duties.
Sec. 22. The order of the court effecting the
partition shall state definitely, by adequate description, the
particular portion of the estate which is apportioned to each party in
interest and shall have the same force and effect as the final judgment
in partition proceedings under the Code of Civil Procedure.
Sec. 23. The guardian of minors and persons of
unsound mind shall represent them in the partition proceedings
authorized by this Act. 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.
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.
Sec. 24. The proceedings in partitions authorized
by this Act shall be regarded as a part of the land registration case
in connection with which the partition is ordered, and no special fees
shall be charged by the clerk of the court for any service performed by
him in such partition proceedings, but the compensation of the
commissioners appointed and additional expenses incurred in connection
with the partition, including the costs of additional surveys, may be
taxed as cost in the case and apportioned among the parties interested
in the partition to such an extent and in such a manner as the court
may deem just and equitable. 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.
Sec. 25. If the property partitioned under the
foregoing provisions constitutes the estate, or part of the estate, of
a deceased person, which has not been settled by administration
proceedings under the provisions of the Code of Civil Procedure, the
heirs or devisees of such deceased person shall, for the full period of
two years from the date of the order effecting the partition, be
jointly liable to the creditors of the deceased for his debts:
Provided, however, That no heir or devisee shall be liable for a
greater amount than the value of the property received by him as his
share in the estate: And Provided, further, That for the purpose of
contribution between the heirs or devisees themselves, the amount of
the debts of the estate for which each shall be liable shall bear the
same proportion to the value of his share of the estate as the total
amount of the legal debts paid by the heirs or devisees demanding
contribution bears to the total value of the estate. Any heir or
devisee who, under a final judgment rendered in an action brought under
this section, pays more than his proportionate share of the debts of
the estate shall, with reference to the excess, be subrogated to the
rights of the creditors under such judgment against each of the other
heirs or devisees to the extent of their respective proportionate
shares of the debts so paid by him: Provided, further, That the
provisions of this section shall not be construed to modify the
provisions of existing law as to the order in which the heirs or
devisees are liable to pay the debts of the deceased.
The judgment rendered in any action brought under this section by a
creditor against the heirs or devisees of a deceased person shall, if
favorable to the plaintiff, specify the maximum amount for which each
heir or devisee shall be liable under such judgments.
Sec. 26. In the interpretation of the provisions
of this Act, the rules of construction laid down by sections 1, 2, 3,
and 4 of the Code of Civil Procedure and section 123 of the Land
Registration Act shall apply. The word "court" as used in this Act
shall mean the Court of First Instance.
Sec. 27. In the event that the Philippine
Legislature shall pass an Act transferring to the Courts of First
Instance the jurisdiction now conferred upon the Court of Land
Registration, the word "court" used in this Act shall be construed to
mean the respective Courts of First Instance and the word "clerk" to
mean the Clerk of the respective Courts of First Instance, or the Chief
of the General Land Registration Office if that office shall have been
created and the powers and duties now performed by the clerk of the
court of Land Registration transferred to that office. (Amended by
Secs. 1, 2, 3 and 5, Rep. Act 1151.)
Sec. 28. The surveyors employed to make surveys
for registration purposes, or to prepare maps and plats of property in
connection therewith, shall give due notice in advance to the adjoining
owners, whose, addresses are known, of the date and hour when they
should present themselves on the property for the purpose of making
such objections to the boundaries of the properties to be surveyed as
they consider necessary for the protection of their rights. (As amended
by Sec. 1859, Act No. 2711.)
Surveyors shall report all objections made by adjoining property owners
and occupants or claimants of any portion of the lands at the time of
the survey and demarcation, giving a proper description of the
boundaries claimed by such owners, occupants or claimants. (As amended
by Sec. 1859, Act No. 2711.)
Surveyors shall define the boundaries of the lands, surveyed for
registration purposes, by means of monuments placed thereon and shall
indicate on the maps or plats the respective boundaries as designated,
both by the applicant for the survey and adverse claimants of adjoining
properties; but the work of survey and demarcation of the boundaries of
the lands as occupied by the said applicant need not be suspended
because of the presentation of any complaint or objections. (As amended
by Sec. 1860, Act No. 2711.)
If, in any registration proceeding involving such survey, the court
shall find the boundary line designated by an adverse claimant to be
incorrect and that designated by the applicant to be correct, the
expense of making any extra survey over that required by the applicant
shall be assessed by the court as cost against the adverse claimant.
(As amended by Sec. 1861, Act. No. 2711)
Private surveyors employed in making survey as hereinabove contemplated
shall be subject to the regulations of the Bureau of Lands in respect
to such surveys and shall execute the same in accordance with current
instructions relative thereto as issued by the Director of Lands.
Promptly upon completing their work, it shall be their duty to send
their original field notes, computations, reports, surveys, maps and
plate of the property in question to the Bureau of Lands, for
verification and approval. (As amended by Sec. 1862, Act No. 2711.)
Except as herein below provided, no private surveyor shall be qualified
to make a survey to be used in registration proceedings unless he shall
have passed either the appropriate civil service examination provided
for surveyors or a special examination prepared by the Bureau of Lands
for the purpose of determining his competency for such work. When so
requested by the Director of Lands such special examination may be
given under the supervision of the Bureau of Civil Service upon the
dates and at the places of scheduled civil service examinations, the
papers being returned to the Director of Lands for rating by him. (As
amended by Sec. 1863, Enact Act No. 2711.)
Surveyors who have held the office of assistant in one of the technical
corps of engineers of public works, forests, mines, and agronomist
during the Spanish Government and surveyors holding an academic diploma
issued by a duly authorized and recognized university, college of
school who furnished satisfactory proof to the Director of Lands that
they have practiced surveying in the Philippine Islands prior to June
First, nineteen hundred and nine, shall be exempted from the
examination hereinabove required, excepting those who, having taken the
said examination, failed to obtain a rating of fifty per centum
therein. "Surveyors, holding an academic diplomas," as herein used,
shall include all those who with similar diplomas under the Spanish
Government, were considered as surveyors or as entitled to practice to
said profession in the Philippine Islands. (As amended by Sec. 1863,
Act No. 2711.)
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 any survey for
Land registration purposes. (As amended by Sec. 1864, Act No. 2711.)
When the Director of Lands shall find that any certified private
surveyor submits any plan or survey made by him which is defective,
incorrect and substantially erroneous, owning to incompetency,
inexperience, bad faith, or inexcusable negligence; or fails to forward
within a reasonable length of time to the Bureau of Lands for
verification any surveys work contracted by him to the prejudice and
detriment of the clients; or that he is guilty of any fraud, deceit,
malpractice, or misconduct in the exercise of his profession or of
disregarding the instruction, rules and regulations issued by the said
Bureau concerning the survey in preparation of his plans, the said
Director may, after due investigation, suspend or cancel the
certificate of such surveyor; but the latter may, within thirty days
after receiving notice of such action, take and appeal to a committee
composed of the Department Head, the Judge of the fourth branch of the
Court of First Instance for the Ninth Judicial District, and duly
authorized surveyor appointed by the Governor-General. Pending appeal
the right of the surveyor shall be suspended, and the action of said
committee shall be final. (Sec. 1865, Rev. Adm. Code, as amended by
Sec. 1, Act No. 3092.)
Sec. 29. The short title of this Act shall be "The
Cadastral Act."
Sec. 30. This Act shall take effect on its passage.
Enacted, February 11, 1913
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