history of land laws_arrha

8/12/2019 History of Land Laws_Arrha

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History of Land Laws

Method of granting or disposition

of lands by the Government Method of acquiring title to lands

by Spaniards, natives, foreigners


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Method of Land grants & dispositions

Earliest form of land grants Modern method of land grants

Law of the Indies (1680)

Royal Cedula of October 15, 1754

Subsquent royal orders

Royal Order of September 21,

1797 Decree of January 4, 1813

Royal decree of June 25, 1880

Supplementary

Royal decree of December

26, 1884

Royal orders of August 31,1881; September 7, 1888;

October 20, 1888.

Decree of June 22, 1882

Royal Decree of January 19, 1883

Spanish Mortgage Law


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Earliest form of land grants

Law of the Indies(1680) By Apportionment; the

Founding of a town Before proceeding to

affect apportionmentamong the settlers, aplan for the setting upof a town is first carriedout.

Grants of residentiallots, lands,peonias andcaballerias


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Law of the Indies (1680) By grant of the town council;

Petition for land grant in a town filed with the cabildoormunicipal council;

Different levels of consideration: Town council

Viceroys and president

If favorable, all signed the grant in the presence of the clerk ofthe council and proceeding was recorded in the book of towncouncil

By confirmation of long possession; All lands without proper deeds of grant belonged to the Crown

Natives were to be confirmed in the lands of which they were inpossession at the time that apportionment of public lands in thefounding of a new town took place;


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By confirmation of defective or imperfect title;

For those in possession of lands covered by titles:

issued by officers not authorized by law to do so or

issued not in accordance with procedure prescribed by law;

Confirmation by a King in council

Certificate of confirmation


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By Compocision con el Estado (adjustment)

For those who had lands in excess of the limits fixed

by law were allowed to make a moderate adjustmentwith respect to the excess and new titles were issued

therefor.

By Sale


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By Special grant

Under the law of the indies, Governor General had

the power to make any grant of land, including tidelands for any purpose, except where there is express

provision of law prohibiting him from doing so;


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By Special grant

Jover v. Government of P.I. (40 Phil 1094)

Petition to the Court of Land Registration of the Philippine

Islands for the registration of the title to a tract of land in theCity of Manila, claimed to have been granted to Don JoseCamps, February 12, 1859, by a decree of the GovernorGeneral of the Phil. Islands

Procedure:

Made a petition to the Governor General soliciting a grantfor a lowland which he fills at his expense on the lowlandssituated along the northern wharf (Murallon del Norte)and on the north side thereof, on the right side of themouth of the Pasig River


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By Special grant


Procedure:

Made a petition to the Governor General soliciting a grant for alowland which he fills at his expense on the lowlands situatedalong the northern wharf (Murallon del Norte) and on the northside thereof, on the right side of the mouth of the Pasig River

Granted by the Gov. General provided he comply with certainconditions

I.e. Not building a house made of strong materials and onlyof 1 story

that Camps shall leave a distance of 16 1/2 varas betweenthe outside edge of the wharf and the intended building,which width is the one fixed for wharves;


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By Special grant


Objection by the City of Manila and Insular Government:

Grant was unauthorized and void because:

the King of Spain was without power to make it,

and so could not devolve that power upon the

Governor General; [because the sea and its shore

are among the things which belong in common to

all men.]

even if the King possessed that power, he had not

devolved it upon the Governor General.


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By Special grant


Ruling of the court: THE GRANT WAS MADE UPON ADEQUATE

AUTHORITY The King possessed the power:

"While it is true that Partida 3, Title 28, Laws 3 and 4, indetermining what things are the common right of men, andhow they may use them, enumerates as such, among otherthings, the sea and its shore, this is not to be taken in anabsolutely literal manner, since a number of limitations to

the general proposition have been recognized for thecommon benefit of the community as being conducive tothe general welfare of the state, which latter may grantshore land for improvement where the same has notalready lawfully come under private ownership."


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Law of the Indies (1680) By Special grant

Jover v. Government of P.I. (40 Phil 1094) Ruling of the court:

The Kings power devolved upon the governor general:

And we order that the governor and captain generalof the saidIslands and provinces, hold exclusively the superior governmentof the whole district of said audiencia in peace and war, andmake in our royal name those sentences and grant those favorswhich, in conformity with the laws of this compilation and ofthese kingdoms of Castile, and with the instructions and powerreceived from us, he may and ought to make

"they shall do what they may think and consider to be suitable,and provide for everything we might do and provide for, ofwhatever quality and condition it may be, in the provinces undertheir charge as if the same were governed by ourselves, in allcases where no special prohibition exists."(Laws of the Indies)


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Law of the Indies (1680) By Special grant

Jover v. Government of P.I. (40 Phil 1094) Ruling of the court:

The Kings power devolved upon the governor general: The court interpreted such order from the King as saying in

Spanish standards that the Governor General of thePhilippines was empowered thereby to do in that distantprovince whatever the King could do, if he were present,save where it was otherwise specially provided.

But whatever the original meaning of the order may havebeen, the one suggested was adopted and adhered to bythe successive governors general, and their action in thatregard was acquiesced in, and therefore ratified, by theKing.


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By Prescription: NO!

It is not the intention of the law that mere possession

for a length of time should make the possessors theowners of the lands possessed by them without anyaction on the part of the authorities.

In other words, the the title of the SpanishGovernment to alienable public lands in the

Philippines could not be divested under the Spanishland laws by adverse possession alone no matter howlong it might have extended.


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Royal Cedula of October 15, 1754 (afterpublication of the law indies-1700) By Sale and adjournment

Appointment of subdelegates ministers to take charge of

the sale and adjustment of public lands. Notices were published requiring all persons, who since

the year 1700 up to the date of publication said cedula hadoccupied royal lands

To appear and exhibit to said subdelegates the title totheir lands.

Failure to do so at the appointed time -> Eviction from thelands and the same granted to others.

Upon presentation -> Notation of compliance withobligation to prove their claims


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Royal Cedula of October 15, 1754 (after

publication of the law indies-1700)

By Confirmation of Imperfect Titles

For those in possession of royal lands by virtue of sale

or adjustment proceedings conducted by

subdelegates prior to 1700-1754 but unconfirmed by

the King or by the viceroys or presidents were

entitled to confirmation and to be left in peacefulpossession of their lands.


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Royal Cedula of October 15, 1754 (afterpublication of the law indies-1700)

By Confirmation of Imperfect Titles

Procedure: By petition WHERE: courts of the districts where the lands were situated

(and to other officials empowered to receive such petition)

CONTENTS: Asking for confirmation of their sale or adjustmenttitles;

Survey and appraisal of the land is conducted and after

completion, The court, minister who had authority to do so, and fiscal

examine the records and if everything is in order -> certificateof confirmation upon paying media anata.


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By Confirmation of Ancient Possession orPrescription

For those possessors of royal lands who were unable toproduce a title deed

Allowed to prove ancient possession as a valid title byprescription and have the same confirmed,

If the lands are not cultivated, then there is a requirement thatthey (possessor) must cultivate the lands within 3 months

Failure on their part to do so caused the reversion of thelands to the royal domain.


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By Confirmation of Ancient Possession orPrescription

For those possessors of royal lands who were unable toproduce a title deed

Allowed to prove ancient possession as a valid title byprescription and have the same confirmed,

If the lands are not cultivated, then there is a requirement thatthey (possessor) must cultivate the lands within 3 months

Failure on their part to do so caused the reversion of thelands to the royal domain.


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Royal order of September 21, 1797

Privilege of natives to enjoy the use of lands,

waters and pastures was limited to the lands

which were adjacent to the towns in which theywere residing.

Lands beyond such are realengoswhich could be

disposed of by sale and adjustment in favor of the

Spaniards and other castes who did not enjoy

such privileges.


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Decree of January 4, 1813 by the Cortes of Cadiz By sale and gratuitous grant

To promote agriculture and industry;

Disposition of uncultivated royal lands,propios and arbitriosbymeans of sale or suertes(gratuitous grants/lands distributed bylot)

Conducted by the local board subject to the approval ofprovincial board.

of royal lands was reserved for the guaranty of national debt

were given to:

Officers and soldiers on account of old age;

Civilians who had contributed to national defense;

Those who became invalid by reason of joining the colonialwars


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Decree of January 4, 1813 by the Cortes of

Cadiz

By sale and gratuitous grant

Limitation

No alienation/encumbrance of the same until after expiration

of 4 years from the date of the grant.

Failure to pay fees for 2 consecutive years would justify the

State in disposing of their lands in favour of other residentswho had no lands.


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Modern methods of land grant


Definition of terrenos realengos: lands which, onthe promulgation of said decree

had no legal owners, or which had not yet passed into private ownership by

virtue of gratuitous or onerous concession bycompetent authorities

Except:

Those lying within the boundaries of leguas communales, orthe lands belonging to towns for the common use of theinhabitants thereof.


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By adjustment title

All those who were in possession of royal lands on June

25, 1880 who could not exhibit title deeds from thegovernment were wrongfully withholding the same

Recourse is to seek for an adjustment and obtain a title

deed within 1 year from the publication of the said

decree. Failure to do so -> Government will recover the land

and dispose of them by sale.


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Royal decree of June 25, 1880 By adjustment title

Those required to apply for adjustment title: Those who can obtain by gratuitous concession;

Prove that they have possessed their lands withoutinterruption for 10 years in good faith & by virtue of a justtitle;

Those without title: Prove possession for 20 years if land iscultivated; or 30 years if the land is not cultivated; Bothperiod should be without interruption.

Occupants of land within legua comunalwhich were undercultivation

Show that they have acquired from their predecessorsin interest have acquired their holdings by means of saleor donation.


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By adjustment title

Those required to apply for adjustment title:

Those who can obtain by onerous concession;

Possession of land in excess in excess of what was

mentioned in the title deed.

Price varied depending on whether or not the land was

cultivated.


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By adjustment title

Procedure:

File and application together with plan of the land withDirector General de Administracion Civil.

Survey of the property under supervision of the

gobernadorcillo and 2 prominent citizens in town -> Expenses

of survey and fixing of boundaries were borne by the

applicant.

After survey, director is the one who issues the title to the

applicant upon payment.


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By adjustment title

Procedure:

File and application together with plan of the land withDirector General de Administracion Civil.

Survey of the property under supervision of the

gobernadorcillo and 2 prominent citizens in town -> Expenses

of survey and fixing of boundaries were borne by the

applicant. After survey, director is the one who issues the title to the

applicant upon payment.


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By Sale

Procedure:

Application for sale filed with the Intendencia General de Hacienda

Latter indorsed the same toAdministracion Central de Rentas Estancadaswhich prepared the terms of the sale and afterwards forwarded the sameto Intendencia.

Intendenciawould order publication of the date and time of the sale withthe Official Gazette.

Sale is conducted in Manila.

Records of the sale sent to Intendenciafor action for approval.

If sale is approved, purchaser has to pay the price of the deed of the landwith 30 days from the date of award.

Upon payment, deed of sale issued byAdministracion Central de RentasEstancadas


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Royal decree of January 19, 1883

By Sale

Decree classified the public lands into disposable & non-disposable lands and prescribed rules for the sale of such lands.

Alienable or disposablethose appropriate for permanentagricultural purposes;

Reservadosthose which belong to the forest zone which shouldbe left covered with forest; Legas comunaleswere excepted fromthese.

Provided that sale of public lands to foreigners was subject to thecondition that they were residents of the Philippines; And that ifthey go to another country they were required to sell the land to aresident of the Philippines.

Foreign associations prohibited from acquiring public lands.


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By Sale

Procedure:

Application for sale filed with the Intendencia General deHacienda

Intendencia, upon receipt, would publish a notice of the date

and time of the sale Sale is conducted in Manila.

Survey is done by the Forestry Office


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By allotment of Leguas Comunales(common land

outside poblacion)

By gratuitous grant for agricultural colony.

Gratuitous title from the government of 200 hectares

for starting an agricultural colony provided he could

establish the agricultural colony thereon within 3 years

from the date of concession and that he complied withthe conditions imposed upon him by the Government.


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Aside from registration, provided for a possessoryinformation proceeding

Art. 390:

Any owner of land

Who did not have a recorded title of ownership

No matter at what period acquisition took place

Is permitted to record his right by previously proving his

possession before the Judge of CFI of the province wheresaid property was located.

To record absolute ownership -> consent of fiscal andadjoining property owners is needed.


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By information processory proceeding

Petition for admission of the information

Land (N.L.A.B.E)

Name of the person from whom property was acquired;

Period of possession

Reason for not possessing a written title

Petitioner had to prove possession:

by the testimony of at least 2 landowners of the town the factthat he had been in possession of the land in his own name;

Certificate of the municipal treasurer that he had been payingthe taxes therefor.


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Spanish Mortgage Law By information processory proceeding

To oppose proceeding: File a declaratory suit in the court;

If no opposition: Court ordered possession of the petitioner be recorded in the registry

without prejudice to a 3rdperson having a better claim.

Conversion of a record of possession to a record of ownershiprequires:

Petition with municipal judge of the place where property is located withcertificate of registrar that 20 years have elapsed from the date of record

of the possession. After proceeding and no opposition, a certified copy of the record of

proceedings is given to petitioner.

Such is then presented to the registrar who makes a marginal note in therecord book of such conversion.


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By information processory proceeding

Strictly not a mode of land grant, it is nonetheless true

that conversion of the possessory title into an absoluterecord of ownership, segregates the land from the

public domain.


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Royal decree of February 13, 1894

Most important decree governing disposal of public

lands toward the end of the Spanish regime.

Article 1 thereof defined what were considereddisposable royal lands:

All lands, soil, ground not under cultivation, and forests in

the Phil. Islands, not included in the following exceptions:

1.) Private dominion, 2.) Belong to forest zones, 3.) includedwithin leguas comunales, 4.) Those that could be the subject of

private appropriation by adjustment or possessory information

proceeding.


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Royal decree of February 13, 1894 By sale

Procedure for disposal: Petition of any person

Order of the government

Filed with Direccion General de Administracion Civil Survey & Investigation

After record of survey and investigation is received, DireccionGeneral orders publication of notice in Official Gazette and in thenewspapers of the province.

Depending on the number of prospective purchaser: 1 puchaser: sold directly without further proceedings

2 o more: public auction

Receipt of proof of payment by D.G. -> Issues title of ownership


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Royal decree of February 13, 1894

By possessory information proceedings


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American Period

Methods of acquiring/disposal of lands

Public Land Act

Homestead patents

Sales patents and leases

Free patents

Confirmation of imperfect/incomplete titles


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Public Land Act

Homestead patents

Encouraged the cultivation of uncultivated land;

migration onto public domain.

Who is entitled? Any citizen of Phil. Islands/US, over 18 y/o or the head

of the family

What?

Eligible to homestead up to 40 acres (24 hectares) of

previously unoccupied, unreserved and unappropriated

agricultural public land.


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Public Land Act

Homestead patents

Requisites:

Application form with the Bureau of Public Lands/local land officer

Pay application fee (P10)

If application is approved, homesteader can legally occupy theland

In order to get a homestead patent:

Subsequent proof of 5 years occupancy

Cultivated of the land

Affidavit that no part of said land has been alienated or encumbered

Payment of 10 more pesos

Patent can only be issued upon completion of a survey under thedirection of the chief of Bureau of Public Lands


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Public Land Act

Sales patents

Concerned sales by auction of unoccupied, non-

mineral agricultural land

What? 40 acres/16 hectares for an individual

2,500 acres/1,024 hectares for a corporation

Who is entitled?

Any citizen of Phil. Islands/US, over 18 y/o or the head

of the family

Corporations


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Public Land Act

Sales patents

Procedure:

Prospective purchasers obliged to file an application in

the Bureau of Public Lands Bureau would appraise the area covered; Appraisal

shall not be less than P10/hectare;

Notice of prospective sale published in 2 newspapers of

general circulation, including, if possible, one publishednear the land applied for.


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Public Land Act

Free patents

Requisites:

Application for registration must be made before a deadlineof January 1, 1907

Applications under oath in the Bureau of Public Lands

Includes a statement as to when the applicant or his or herancestor entered into the land and began cultivation.

If first occupation & cultivation is claimed through anancestor -> applicant must file satisfactory evidence of thedate of the place of the ancestors death and burial.

Once application is accepted -> investigation, survey, andpublication of notice ensured


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Public Land Act

Judicial Confirmation of Imperfect & IncompleteLand Titles Who is entitled? First,

Those who prior to the transfer of sovereignty from Spain to

the United States have applied for the purchase,composition or other form of grant of lands of the publicdomain under the laws and royal decrees then in force

Have instituted the proceedings in connection therewith,

But have, with or without default upon their part, or for anyother cause, not received title therefor,

If such applicants or grantees and their heirs have compliedand cultivated said lands continuously since the filing of theirapplications.


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Public Land Act

Judicial Confirmation of Imperfect &

Incomplete Land Titles

Who is entitled? Second,

Those who by themselves or through theirpredecessors in interest have been in the open,

continuous, exclusive, and notorious possession and

occupation of agricultural lands of the public domain,

under a bona fide claim of acquisition of ownershipexcept as against the Government, since July 26, 1894

except when prevented by war or force majeure.


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Public Land Act

Judicial Confirmation of Imperfect & Incomplete Land Titles Requisities:

Application with CFI praying that the validity of the alleged title or claim beinquired into and that a certificate of title issue to them under the provisionsof the Land Registration Act.

Application contents:

plan of the land All documents evidencing a right on the part of the applicant to the land claimed.

citizenship of the applicant

shall set forth fully the nature of the claim,

when based upon proceedings initiated under Spanish laws,

it shall specify as exactly as possible the date and form of the application forpurchase, composition or other form of grant,

the extent of the compliance with the conditions required by the Spanish laws and

royal decrees for the acquisition of legal title, and if not fully complied with the reason for such non-compliance

statement of the length of time such land or any portion thereof has been actuallyoccupied by the claimant or his predecessors in interest;

the use made of the land, and

the nature of the inclosure, if any.


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Public Land Act

Judicial Confirmation of Imperfect &

Incomplete Land Titles

The final decree of the court shall in every case be

the basis for the original certificate of title in favorof the person entitled to the property under the

procedure prescribed in section forty-one of the

Land Registration Act.

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