[ Act No. 2164, February 06, 1912 ]

AN ACT AMENDING SECTION NINETEEN OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, ENTITLED "THE LAND REGISTRATION ACT," AS AMENDED, BY PROVIDING THAT AN EXECUTOR OR ADMINISTRATOR DULY APPOINTED UNDER THE LAWS OF THE PHILIPPINE ISLANDS MAY ON BEHALF OF THE ESTATE OF THE DECEASED MAKE APPLICATION FOR THE REGISTRATION OF TITLE.

By authority of the United States, be it enacted by the Philippine Legislature, that:SECTION 1. Section nineteen of Act Numbered Four hundred and ninety-six, entitled "The Land Registration Act," as amended, is hereby further amended so as to read as follows:

"SEC. 19. Application for registration of title may be made by the following persons, namely:

"First. The person or persons claiming, singly or collectively, to own the legal estate in fee simple."Second. The person or persons claiming, singly or collectively, to have the power of disposing of the legal estate in fee simple."Third. The person or persons claiming, singly or collectively, to own or hold any land under a possessory information title, acquired under the provisions of the Mortgage Law of the Philippine Islands and the general regulations for the execution of same."Fourth. Infants or other persons under disability may make application by their legally appointed guardians, but the person in whose behalf the application is made shall be named as applicant by the guardian."Fifth. Corporations may make application by any officer duly authorized by vote of the directors."Foreign corporations may apply for and secure registration of title to lands in the name of the corporation, subject only to the limitations applied or to be applied to domestic corporations. Article eighteen of the royal decree of February thirteenth, eighteen hundred and ninety-four, concerning the adjustment and sale of public lands in the Philippine Islands, and article seventy-seven of the regulations for the execution of the same, together with any other provision or provisions of existing law limiting or prohibiting the holding of land in the Philippine Islands by aliens or by foreign associations, companies, or commercial bodies, are hereby repealed."Sixth. The Government of the United States, or of the Philippine Islands, or of any province or municipality therein, may make application through any agency by it respectively and duly authorized."Seventh. An executor or administrator duly appointed under the laws of the Philippine Islands may make application on behalf of the estate of the deceased.

"But the authority given to the foregoing classes of persons is subject to the following provisos:

"(a) That one or more tenants for a term of years shall not be allowed to make application except jointly with those claiming the reversionary interest in the property which makes up the fee simple at common law."(b) That a mortgagor shall not make application without the consent in writing of the mortgagee."(c) That a married woman shall not make application without the consent in writing of her husband unless she holds the land as her separate property or has power to dispose of the same in fee simple, or has obtained a decree of the court authorizing her to deal with her real estate as though she were sole and unmarried."(d) That one or more tenants claiming undivided shares less than a fee simple in the whole land described in the application shall not make application except jointly with the other tenant owning undivided shares, so that the whole fee shall be represented in the action."(e) Instruments known as pacto de retro, made under sections fifteen hundred and seven and fifteen hundred and twenty of the Spanish Civil Code in force in these Islands, may be registered under this Act, and application for registration thereof may be made by the owner who executed the pacto de retro sale under the same conditions and in the same manner as mortgagors are authorized to make application for registration.

"But, notwithstanding the foregoing provisos, if the holder of a mortgage upon the land described in the application does not consent to the making of the application, it may be entered nevertheless and the title registered subject to such mortgage, which may be dealt with or foreclosed as if the land subject to such mortgage had not been registered. But the decree of registration in such case shall state that registration is made subject to such mortgage, describing it, and shall provide that no subsequent certificate shall be issued and no further papers registered relating to such land after a foreclosure of such mortgage."

Enacted, February 6, 1912.

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