A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1271
PRESIDENTIAL DECREE NO. 1271 - AN
ACT NULLIFYING DECREES OF REGISTRATION AND CERTIFICATES OF TITLE
COVERING LANDS WITHIN THE BAGUIO TOWNSITE RESERVATION ISSUED IN CIVIL
RESERVATION CASE NO. 1, GLRO RECORD NO. 211 PURSUANT TO REPUBLIC ACT
NO. 931, AS AMENDED, BUT CONSIDERING AS VALID CERTAIN TITLES OF SUCH
LANDS THAT ARE ALIENABLE AND DISPOSABLE UNDER CERTAIN CONDITIONS AND
FOR OTHER PURPOSES
|
chanroblesvirtualawlibrary
WHEREAS, on
April 12, 1912 the Director of Lands instituted in the Court of First
Instance of Benguet Civil Reservation Case No. 1, GLRO Record No. 211,
for the compulsory settlement and adjudication of claims to private
lands within the Baguio Townsite Reservation, pursuant to Section 62 of
Act 926, in relation to Sections 3, 4, 5 and 6 of Act 267; chanroblesvirtualawlibrary
WHEREAS, on November 13, 1922, the Court of First Instance of Benguet
rendered a decision in the aforesaid case, decreeing, except areas
inside established reservations and the lands claimed by and
adjudicated to private claimants named therein, all lands, buildings
and real rights within the Baguio Townsite Reservation, as public
properties and declaring all private claims not pursued in said
proceedings as barred forever; chanroblesvirtualawlibrary
WHEREAS, Republic Act No. 931, as amended by Republic Act No. 2061,
authorized the reopening of cadastral cases up to December 31, 1968
with respect to lands which have been previously declared public lands
by the court;chanroblesvirtualawlibrary
WHEREAS, on petition of interest parties, the Court of First Instance
of Baguio and Benguet, purporting to act pursuant to Republic Act No.
211, set aside its decision of November 13, 1922, and adjudicated in
favor of the petitioners certain parcels of land situated within the
Baguio Townsite Reservation;chanroblesvirtualawlibrary
WHEREAS, the parcels of land so adjudicated in favor of the petitioners
were subsequently registered under Act No. 496 and thereafter
subdivided and conveyed to third parties who have since secured
transfer certificate of titles to the lands in question;chanroblesvirtualawlibrary
WHEREAS, on petition of the Government the Supreme Court in G.R. No.
L-32941, entitled "Republic of the Philippines vs. Honorable Pio R.
Marcos, et al.", on July 31, 1973 held that the Court of First Instance
of Baguio and Benguet had no jurisdiction to reopen civil Reservation
Case No. 1, GLRO Record No. 211, on the ground that said case did not
partake of the nature of cadastral proceedings as contemplated in
Republic Act 931, as amended, and that lands within Government
reservations can not be registered in favor of private
individuals; chanroblesvirtualawlibrary
WHEREAS, by virtue of the decision of the Supreme Court all titles
issued as a result of the reopening of the proceedings in Civil
Reservation Case No. 1, GLRO Record No. 211, are deemed null and
void; chanroblesvirtualawlibrary
WHEREAS, at the time the decision of the Supreme Court was promulgated
large portions of the public domain, aggregating 11,478,098 square
meters, more or less, had illegally been decreed in favor of private
individuals;chanroblesvirtualawlibrary
WHEREAS, there are holders of titles who, before the promulgation of
the decision of the Supreme Court on July 31, 1973, had acted in good
faith and relied, although mistakenly, on the indefeasibility of
torrens certificates of titles and who had introduced substantial
improvements on the lands covered by the certificates;chanroblesvirtualawlibrary
WHEREAS, taking into consideration the above circumstances and the
unanimous recommendation of the Special Committee created by the
President of the Philippines by Executive Order No. 470 "to took into
certain certificates of titles of lands in Baguio city which have been
voided by the (Supreme) Court";chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the constitution, do hereby
decree and order as follows:cralaw:red
Section 1. All orders and decisions issued by the
Court of First Instance of Baguio and Benguet in connection with the
proceedings for the reopening of Civil Reservation Case No. 1, GLRO
Record No. 211, covering lands within the Baguio Townsite Reservation,
and decreeing such lands in favor of private individuals or entities,
are hereby declared null and void and without force and effect;
PROVIDED, HOWEVER, that all certificates of titles issued on or before
July 31, 1973 shall be considered valid and the lands covered by them
shall be deemed to have been conveyed in fee simple to the registered
owners upon a showing of, and compliance with, the following
conditions: chanroblesvirtualawlibrary
a. The lands covered by the titles are not within any
government, public or quasi-public reservation, forest, military or
otherwise, as certified by appropriating government
agencies; chanroblesvirtualawlibrary
b. Payment by the present title holder to the
Republic of the Philippines of an amount equivalent to fifteen per
centum (15%) of the assessed value of the land whose title is voided as
of revision period 1973 (P.D. 76), the amount payable as follows:
Within ninety (90) days of the effectivity of this Decree, the holders
of the titles affected shall manifest their desire to avail of the
benefits of this provision and shall pay ten per centum (10%) of the
above amount and the balance in two equal installments, the first
installment to be paid within the first year of the effectivity of this
Decree and the second installment within a year thereafter.
Section 2. The provisions of the preceding section
for the validation of titles shall not apply to cases in which the
registration was obtained through fraud or misrepresentation in the
proceedings for the reopening of Civil Registration Case No. 1, GLRO
Record No. 211, nor shall the confirmation or issuance of new title
under this Decree have the effect of validating titles otherwise
invalid because obtained through fraud or misrepresentation in the
aforesaid reopening proceedings.
Section 3. The holders of the titles falling under
Section 1 of this Decree that are not considered valid pursuant to the
proviso thereof shall, within ninety (90) days from the effectivity of
this Decree, surrender their respective titles for cancellation and the
owners and/or possessors of the areas covered by such titles shall
vacate the premises and remove whatever improvements or structures they
may have introduced thereon within six (6) months from notice. If, by
removal of the improvements, damage to the lands would result, such
improvements shall be forfeited in favor of the government or shall be
demolished or removed at the title holder's expense. All taxes and
registration fees paid in connection with the lands are deemed
forfeited in favor of the Government. chanroblesvirtualawlibrary
Section 4. Ninety (90) days after the effectivity of
this Decree, the Commission on Land Registration shall cause the
cancellation of original and transfer certificates of titles not
validated under Section 1, hereof, including those titles whose holders
have failed to avail of the benefits granted under the same section
within the period therein provided.
Section 5. All fees paid pursuant to the proviso of
Section 1 of this Decree shall constitute a special fund which shall be
utilized exclusively for the development, improvement and welfare of
the City of Baguio as well as actual expenses incident to the
implementation of the Decree as the President may from time to time
direct and authorize.
Section 6. The Secretary of Justice, as Chairman, the
Solicitor General and the Director of Lands, as members, are hereby
constituted as a committee which shall promulgate rules and regulations
necessary and appropriate to implement this Decree. They or their
representatives shall assure compliance with this Decree and may call
upon any government agency or office for assistance in the performance
of this task.
The Solicitor General shall institute such actions or suits as may be
necessary to recover possession of lands covered by all void titles not
validated under this Decree.
Section 7. Any person or entity who shall violate any
provision of this Decree or any rule or regulation issued for its
implementation or who shall make any false statement or representation
in connection with matters required under this Decree or rule or
regulation shall be punished with imprisonment of not less than six (6)
months but not more than six (6) years. chanroblesvirtualawlibrary
Section 8. All laws and decrees inconsistent with the
provisions of this Decree are hereby repealed.
This Decree shall take effect immediately.
DONE in the City of Manila,
this 22nd day of December, in the year of Our Lord, nineteen hundred
and seventy-seven.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|