WHEREAS,
fraudulent sales, transfers, and other forms of conveyances of large
tracts of public and private lands to unsuspecting and unwary buyers
appear to have been perpetrated by unscrupulous persons claiming
ownership under Spanish titles or grants of dubious origin;chanroblesvirtualawlibrary
WHEREAS, these fraudulent transactions have often resulted in
conflicting claims and litigations between legitimate title holders,
bona fide occupants or applicants of public lands, on the one hand, and
the holders of, or persons claiming rights under, the said Spanish
titles or grants, on the other, thus creating confusion and instability
in property ownership and threatening the peace and order conditions in
the areas affected;chanroblesvirtualawlibrary
WHEREAS, statistic in the Land Registration Commission show that
recording in the system of registration under the Spanish Mortgage Law
is practically nil and that this system has become obsolete;chanroblesvirtualawlibrary
WHEREAS, Spanish titles to lands which have not yet been brought under
the operation of the Torrens system, being subject to prescription, are
now ineffective to prove ownership unless accompanied by proof of
actual possession;chanroblesvirtualawlibrary
WHEREAS, there is an imperative need to discontinue the system of
registration under the Spanish Mortgage Law and the use of Spanish
titles as evidence in registration proceedings under the Torrens
system; 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;chanroblesvirtualawlibrary
Section 1. The system of registration under the
Spanish Mortgage Law is discontinued, and all lands recorded under said
system which are not yet covered by Torrens title shall be considered
as unregistered lands.
All holders of Spanish titles or grants should apply for registration
of their lands under Act No. 496, otherwise known as the Land
Registration Act, within six (6) months from the effectivity of this
decree. Thereafter, Spanish titles cannot be used as evidence of land
ownership in any registration proceedings under the Torrens
system. chanroblesvirtualawlibrary
Hereafter, all instruments affecting lands originally registered under
the Spanish Mortgage Law may be recorded under Section 194 of the
Revised Administrative Code, as amended by Act 3344;chanroblesvirtualawlibrary
Section 2. All laws, executive orders, administrative
orders, rules and regulations inconsistent with the foregoing
provisions are hereby repealed or accordingly modified;chanroblesvirtualawlibrary
Section 3. This Decree shall take effect immediately.
Done in the City of Manila,
this 16th day of February, in the year of Our Lord, nineteen hundred
and seventy-six.
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