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Section 7 of the Cadastral Act (Act No. ) provides: Sec. 7. Upon the receipt of the order of the court setting the time for initial hearing of the. Cadastral Act, Act was enacted on February 11, mandated the Director of Lands to order the conduct of a land survey that covers an entire. This is borne out by the provisions of sections 6 of Act No. , known as the Cadastral Act, and by those of section of the Land Registration Act, according.

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A copy of the notice shall also be sent by registered mail to the Mayor of the city, municipality, township, or settlement in which the lands are situated and to the Provincial Governor. Enacted, February 11, For point-leased land, the anchor point shall be marked and measured.

The word “court” as used in this Act shall mean the Court of First Instance. All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or the various parts thereof, and such decrees, when final, shall be the bases of original certificates of title in favor of said persons.

Every decision shall set forth the civil status of the respective claimant, the name of the spouse if married, the age if a minor, and if under disability, the nature of such disability. A copy of the notice shall also be sent to the president of such municipality, township, or settlement, and to the provincial board.


If the apportionment of costs has not yet been decreed, the same section 18, paragraph bprovides that the registrar shall endorse on the certificate of wct issued by him the incumbrance or lien appearing on the former certificate as guarantee of the payment of the costs above referred to.

Provided, however, That in cases of sale, transfer, or conveyance of the property in. Post a Comment for CA 1. The proceedings in partitions authorized by this Act shall be regarded as a part of the land registration case in connection with which the partition is ordered, and no special fees shall be charged by the clerk of the court for any service performed by him in such partition proceedings, but the compensation of the commissioners appointed and additional expenses incurred in connection with the partition, including the costs of additional surveys, may be taxed as cost in the case and apportioned among the parties interested in the partition to such an extent and in such a manner as the court may deem just and cadzstral.


This is borne out by the provisions of sections 6 of Act No. Upon consideration of the facts above stated it is quite obvious that the respondent judge had no jurisdiction whatever over lot No.

Code, as amended by Sec. When the lands have been surveyed and plotted, the Director of Lands, represented by the Attorney General, files a petition in court praying that the titles to the lands named be settled and adjudicated.

That on August 24,Thomas J. Search by date Search by date: The said Act, amending section 18 of Act No. The Director of Lands shall, thereupon, give notice to persons claiming an interest in the lands, and to the general public, of the day on which such survey will begin, giving as full and accurate a description as possible of the lands to be surveyed.

Shortcut for viewing the content section of the current page. Leasehold parcels may be merged if they abut or have been created from the same parcel, and the leases have the same terms and apply to the same parties.

Cadastral registration of new parcel, 3D parcel or leased land may be demanded by:. Work is being done to make the system fully compliant with this level.

The question to be considered and decided in this appeal is whether, after the issuance of an original certificate of title to a land in a cadastral case in favor of two co-owners, one of them may ask for the the subdivision of the lot in the same cadastral case, or whether he should bring a separate action for partition as was decided by the appellant order sustaining the contention of the other co-owner. The only case where an action for partition is authorized by law in registration cases is that of partitions which may be cadastrla during the cadastral proceedings before the issuance of the final decree.


The cadastral letter of a subdivision of a lot added to the cadastral number thereof shall, together with the name of the municipality, township, or settlement and province, be a sufficient description of each subdivision.

The Cadastral Act (Act. no. ) :: Collection 6 – Filipiniana Theses and Dissertations

In fact, the said lien noted on original certificate of title No. An official found in the office, known as the chief surveyor, has as one of his duties to prepare final decrees in all adjudicated cases. There is nothing in these legal provisions which authorizes an action for partition. Their argument that the instant case is a mere continuation of the proceedings in Cadastral Case No.

Except as hereinbelow provided, no private surveyor shall be qualified to make a survey to be used in registration proceedings unless he shall have passed either the appropriate civil service examination provided cxdastral surveyors or a special examination prepared by the Bureau of Lands for the purpose of determining his competency for such work.

Section 7 of the Cadastral Act Act No. Balbino Gabutan opposed the motion, impugning the jurisdiction of the court acf take cognizance thereof, contending that an action for partition should be brought for the purpose under section acct of Act No. Photos – UST Intramuros. No co-owner shall be obliged to remain a party to the community, but each may, at acf time, demand the partition of the thing held in common.

They have, therefore, only themselves to blame for their present predicament.