Acts No. 1875




[ Acts No. 1875, June 19, 1908 ] AN ACT AMENDING ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, ENTITLED "THE LAND REGISTRATION ACT," AND OTHER ACTS RELATING THERETO, TO GIVE GREATER FACILITIES FOR OBTAINING TITLES AND THE REGISTRATION OF PROPERTY IN THE PHILIPPINE ISLANDS, APPROPRIATING THE SUM OF TWO HUNDRED AND FIVE THOUSAND PESOS FOR THE JUDICIARY AND ONE HUNDRED AND FIFTY THOUSAND PESOS FOR THE BUREAU OF LANDS TO MEET THE ADDITIONAL EXPENSES INVOLVED, AND FOR OTHER PURPOSES. By authority of the United States, be it enacted by the Philippine Legislature, that: Section 1. Section three of Act Numbered Four hundred and ninety-six is hereby amended to read as follows: "Section 3. The Governor-General, with the advice and consent of the Philippine Commission, may appoint five judges of the court of Land Registration,. one of whom shall be appointed, commissioned, and qualified as judge of the Court of Land Registration, and the others as associate judges thereof, each of whom may be removed by the Governor-General, with the advice and consent of the Philippine Commission, and any vacancy shall be tilled in the manner in this section provided." Section 2. The Bureau of Lands is hereby authorized to employ not exceeding twenty-five surveyors, who shall be charged with the special duty of doing surveying work for the Court of Land Registration and who shall he assigned to no other work by the Bureau of Lands while their services are required by said court. In case the services of the full corps of surveyors hereby authorized for the Court of Land Registration are not required by said court at any time, they may be employed on other work required by the Bureau of Lands until such time as they are again required for surveying work for the Court of Land "Registration. The surveyors hereby authorized to be appointed must be qualified under civil-service rules and regulations and shall be subject to the Civil Service Law and rules. Surveyors authorized by this section shall receive a salary of not less than one thousand nor more than three thousand pesos per annum. Section 3. Surveyors for whom provision is made in section two shall be charged with the duty of preparing or verifying, as the case may be, all maps and plats of property the title to which has been applied for in the Court of Land Registration, in accordance with the provisions of Act Numbered Four hundred and ninety-six as amended and of Act Numbered Nine hundred and twenty-six as amended.ℒαwρhi৷ They shall perform such other duties as surveyors as may he necessary for the prompt dispatch of the business of the Court of Land Registration and as may he required of them by said court or by the Bureau of Lands in case their services are not required by the Court of Land Registration. Section 4. The surveyor who is employed to prepare surveys, maps, and plats of property 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. The surveyor shall report all objections made to him by adjoining property owners at the time of the survey and demarcation, giving a proper description of the boundaries claimed by the protestant or protestants. The surveyor shall define the boundaries of the lands submitted for registration by means of temporary monuments placed on the land and he shall designate on t be map or plat the boundaries as claimed by the applicant for registration and the boundaries as claimed by protesting adjoining property owners. In case the court shall find that the boundary line claimed by the protestant or protestants is incorrect and that that designated by the applicant is correct the cost of making any extra survey over that required by the applicant shall be assessed against the protestant or protestants.1aшphi1 Should the boundary line designated by the protestant or protestants prove to be correct and that of the applicant incorrect the court shall assess the cost of making the survey to the applicant. The usual process of the court shall be available for collecting such costs. The work of survey and demarcation shall not be suspended because of the presentation of any complaint or objection Section 5. It shall be the duty of private surveyors who make surveys, maps, or plats of property for which registration of title is requested to comply with the requirements of the preceding section and to promptly send their reports, surveys, maps, and plats of such property to the Bureau of Lands for verification. Private surveyors shall not be authorized to make surveys for the Court of Land Registration unless they shall have passed either a civil-service examination or an examination by the Bureau of Lands for the purpose of determining their qualifications. Section 6. Surveys made by the Bureau of Lands under the previous of this Act shall be made upon payment of the fees prescribed for surveys made of lands presented for registration under the provisions of Act Numbered Nine hundred and twenty-six. Section 7. Section twenty-four of Act Numbered Four hundred and ' ninety-six as amended by section seven of Act Numbered Eleven hundred and eight is herein' amended to read as follows: "Section 24. The application may include all the parcels of land or properties belonging to the applicant, provided that they are situated within the same province or city. the court may at any time order an application to be amended by striking out one or more parcels or by severance of the application." Section 8. There is hereby appropriated for the judiciary for the fiscal year ending June thirtieth, nineteen hundred and nine, out of any funds in the Insular Treasury not otherwise appropriated, tor the salaries of the three additional judges of the Court of Land Administration provided for by this Act, at eight thousand pesos per annum each: three stenographers, class nine; three assistant clerks, class nine: four clerks (docket men). Class D; seven clerks (typewriters). Class II: seven clerks (typewriters), Class I; two surveyors, at three thousand pesos per annum each; three draftsmen, at one thousand two hundred pesos per annum each; five description clerks. Class A: one translator, class seven; three messengers, at three hundred and sixty pesos per annum each; for contingent expenses, including per diems. transportation, advertising notices and other printing, supplies and furniture, postage, and other incidental expenses: one hundred and thirteen thousand six hundred and eight v pesos. All the fees prescribed to be paid by section one hundred and fourteen of Act Numbered Four hundred and ninety-six, as amended by .section seven of Act Numbered Sixteen hundred and forty-eight, save and except the fees of the sheriff and the register of deeds, are hereby suspended for the fiscal year ending June thirtieth, nineteen hundred and nine, and the sum of one hundred thousand pesos is hereby appropriated for the judiciary, for said fiscal year, out of any funds out of any fubds in the Insular Treasury not otherwise appropriated, in substitution of the fees lost by reason of snch suspension: Provided, however, That the expenses of publication of the notices required to bo published by law shall be paid by the applicant, In all for the judiciary, two hundred and five thousand pesos. Section 9. There is hereby appropriated for the Bureau of Lands, for the fiscal year ending June thirtieth, nineteen hundred and laborers, nine, out of any funds in the Insular Treasury not otherwise appropriated for twenty-five surveyors, at three thousand pesos per annum each, seventy-five thousand pesos; for chainmen, semiskilled and unskilled laborers for survey parties, for drafting supplies, equipment, subsistence and transportation for field parties, and other incidental expenses, seventy-five thousand pesos. In all for the Bureau of Lands, one hundred and fifty thousand pesos. Section 10. All Acts or parts of Acts on the subject are hereby repealed in so far as they are incompatible with the provisions of this Act. Section 11. This Act shall take effect on July first, nineteen hundred and eight. Enacted, June 19, 1908. The Lawphil Project - Arellano Law Foundation