[ Act No. 1937, May 20, 1909 ]
AN ACT AMENDING SECTION FIVE OF ACT NUMBERED EIGHTEEN HUNDRED AND SEVENTY-FIVE, ENTITLED "AN ACT AMENDING ACT NUMBERED TOUR 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 PROVIDING THAT THOSE WHO HAVE PRACTICED THEIR PROFESSION OF SURVEYOR IN THE PHILIPPINE ISLANDS PRIOR TO JUNE FIRST, NINETEEN HUNDRED AND NINE, UNDER CERTAIN CONDITIONS, SHALL BE AUTHORIZED BY THE DIRECTOR OF LANDS TO MAKE SURVEYS FOR THE COURT OF LAND REGISTRATION WITHOUT EXAMINATION, AND PROVIDING FOR THE SUSPENSION OF FEES THE PAYMENT WHEREOF IS PRESCRIBED IN 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, EXCEPT THE FEES OF THE SHERIFF AND THE REGISTRAR OF PROPERTY, ON ALL PROPERTY NOT EXCEEDING FIVE HUNDRED PESOS IN VALUE, UNDER CERTAIN CONDITIONS.
By authority of the United States, be it enacted by the Philippine Legislature, that:
Section 1. Section five of Act Numbered Eighteen hundred and seventy-five is hereby amended io read as follows:
"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 Eegistration unless they shall have passed either a civil-service examination or an examination bv the Bureau of Lands for the purpose of determining their qualifications: Provided, however, That surveyors with an academic diploma issued by a duly established university, college, or school, who have practiced their profession in the Philippine Islands prior to June first, nineteen hundred and nine, shall be authorized by the Director of Lands to make surveys for the Court of Land Registration without the necessity of passing the examination provided by this section: Provided, however, That aulhority to make surveys may be denied, subject to appeal to the committee named in the next succeeding proviso of this section, if it appears that the holder of such diploma has made plans or surveys for the Court of Land Registration which were defective, incorrect or substantially erroneous. All surveys and plans, made by private surveyors under said authorization shall be executed in strict accordance with the "Manual of instructions of surveys to be verified by the Director of Lands for presentation to the Court of Land Registration" issued by the Bureau of Lands: And provided further, That whenever it shall appear to the Director of Lands that there is doubt as to the accuracy of any plan or survey made under such authorization, such survey or plan shall be subject to verification in the manner provided in section sixty-six of Act Numbered Nine hundred and twenty-six, and if it appear that the survey is defective, incorrect, or substantially erroneous, the Director of Lands may thereupon withdraw the authorization of said surveyor, subject to appeal by the surveyor, to be taken within five days of receipt of notice of the withdrawal, to a committee composed of the Governor-General, the Secretary of the Interior, and the judge of the Court of Land Registration, the decision of which committee shall be final. If no appeal is taken as herein provided, or if the said committee shall approve the action of the Director of Lands in withdrawing from said surveyor the authorization to make surveys, such surveyor shall not be permitted to make surveys or plans for the Court of Land Registration without first having passed the examination provided for in this section. Pending appeal, the right of the surveyor to make surveys for the Court of Land registration shall be suspended: And provided further, That under the designation of surveyors with academic diploma shall be recognized all those who, with similar diplomas in the time of the Spanish Government wore considered as such purveyors or as entitled to practice the said profession."
Section 2. The fees payment whereof is prescribed in section one hundred and lourleen or Act Numbered .1aшphi1tour hundred and ninety-six, as amended bv section seven of Act Numbered Sixteen hundred and forty-eight except the fees of the sheriff and the registrar of property shall be suspended on all property not exceeding five hundred pesos in value: Provided, however, That in order to enjoy the benefit nf ibis section the applicant must be a poor person not having sufficient means lo pay the fees and he must apply to the Court of Land Registration for exemption from the said fees and charges. The Court of Land Registration, if satisfied, upon full and eareful investigation, that such person has not sufficient means to pay the fees and charges, shall order that the applicant be exempted from such pavment.
Section 3. This Act shall, take effect on it passage.
Enacted, May 20, 1909.
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