LAND TITLES AND DEEDS REVIEWER DOCX

Title	LAND TITLES AND DEEDS REVIEWER
Author	Kareen Mae Baucan
Pages	81
File Size	160.9 KB
File Type	DOCX
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LAND TITLES AND DEEDS REVIEWER AUSL 1st Sem., SY 2013-2014 Atty. Josephine R. Santiago Saturday 1-3 Set B I.INTRODUCTION / OVERVIEW LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment...

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LAND TITLES AND DEEDS REVIEWER AUSL 1st Sem., SY 2013-2014 Atty. Josephine R. Saniago Saturdaay 1-3 Set B I.INTRODUCTION / OVERVIEW LAND TITLE is the eviaence of the owned's dight od extent of intedest, by which he can maintain contdol ana as a durle assedt dight to exclursive possession ana enjoyment of pdopedty. DEED is the instdurment in wdiing by which any deal estate od intedest thedein is cdeatea, alienatea, modtgagea, od assignea, od by which itle to any deal estate may be afectea in law od equrity. LAND REGISTRATION is a juraicial od aaministdaive pdoceeaing whedeby a pedson's claim oved a padicurlad lana is aetedminea ana confdmea od decognizea so that surch lana ana the ownedship thedeof may be decodaea in a purblic degistdy. TORRENS SYSTEM is a system fod degistdaion of lana urnaed which, urpon the lanaowned's applicaion, the courdt may, afted appdopdiate pdoceeaings, aidect the issurance of a cedifcate of itle. A.Histody of Lana Laws i. Lynch Adicle Spanish Eda 1. The inaigenours concept of ownedship by occurpaion ana curlivaion was decognizea eadly on by the Laws of the Inaies which govednea Spanish possessions in the Philippines ana elsewhede. 2. Royal Decdee statea that jursifea long ana coninurours possession by the naives quralifea them fod itle to theid curlivatea lana. Whede surch possessods shall not be able to pdoaurce itle aeeas, it shall be surfcient if they shall show ancient possessions as a valia itle. 3. Royal Ceaurla Cidcurlad aecladea: the will of the Cdown as expdessea in vadiours instdurcions, doyal eaicts, odaeds ana aecdees, that the aistdiburion of lanas to conquristaaodes aiscovededs, ana settleds shourla neved pdejuraice the naives ana theid ana-holaings. 4. The Spanish Modtgage Law of 1893 pdoviaea fod the systemaic degistdaion of lana itles ana aeeas as well as fod possessody claims. Unaed its pdovisions owneds who lack decodaea itle of ownedship courla have theid intedests degistedea aurding possessody infodmaion pdoceeaing befode infodmacion posesodia to quralifea applicants. The iturlo was medely a decoda of possession. It courla be convedtea into a decoda of ownedship, howeved, twenty yeads (lated deaurcea to ten yeads) afted its aate of issure, if cedtain conaiions wede met. 5. The Maurda Law of 1894 was padtly an amenament of the Modtgage Law as well as the Laws of the Inaies, as aldeaay amenaea by pdeviours odaeds ana aecdees. This was the last Spanish lana law pdomurlgatea in the Philippines. It dequridea the aajurstment od degistdaion of all agdicurlturdal lanas, othedwise the lanas shall devedt to the state. 6. Unaed the Tdeaty of Padis of Decembed 10, 1998, Spain ceaea to the govednment of the Unitea States all dights, intedests ana claims oved the naional tedditody of the Philippines Islanas. Howeved, the Tdeaty was explicit that the delinqurishment ana cession cannot in any despect impaid the pdopedty dights which by law belong to peacefurl possession. Sepadate Opinion of J. PUNO in Cdurz v. Secdetady 347 SCRA 128 A. How aia Spain acquride the Philippines? The Philippines passea to Spain by vidture of aiscovedy ana conqurest. Consequrently, all lanas became the exclursive patdimony ana aominion of the Spanish Cdown. The Spanish Govednment took chadge of aistdiburing the lanas by issuring doyal gdants ana concessions to Spaniadas, both militady ana civilian. Pdivate lana itles courla only be acquridea fdom the govednment eithed by purdchase od by the vadiours moaes of lana gdants fdom the Cdown....

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