[ Act No. 3240, November 27, 1925 ]

AN ACT TO AUTHORIZE THE PARTIAL APPLICATION OF ACT NUMBERED TWENTY-TWO HUNDRED AND FIFTY-NINE, ENTITLED "AN ACT PROVIDING CERTAIN SPECIAL PROCEEDINGS FOR THE SETTLEMENT AND ADJUDICATION OF LAND TITLES" IN MUNICIPALITIES WHERE A REGULAR CADASTRAL SURVEY HAS NOT YET BEEN BEGUN

Be  it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:SECTION 1. Whenever by a formal petition, legally sworn and indorsed by the municipal council and the provincial hoard, it is shown that in a sitio or barrio or barrios of any municipality of  the Islands where  a  regular cadastral survey has not  yet been begun, there are one hundred or  more contiguous  parcels of land previously surveyed  by  order and  at the expense of their occupants  or holders, and the survey of which, with the general plan pertaining thereto, has been duly approved by the Director of Lands, it shall be the duty of that government official  to file as soon as possible in the proper court, through the Attorney-General and with the authority of the Governor-General, a petition asking  that  the titles  to  said parcels  of land  be settled and adjudicated  in  accordance with Act Numbered Twenty- two hundred and fifty-nine, entitled the Cadastral Act, and its amendments.SEC. 2. The costs of registration proceedings under this Act shall be assessed and paid in accordance with the pertinent provisions of the Cadastral Act, Numbered Twenty- two hundred  and  fifty-nine, and its  amendments.  Said costs shall constitute a first lien upon the land described in the certificate of title, which lien may be cancelled upon the payment of the same by the holder of said  title.SEC. 3.  In case a lot or lots of land surveyed in accordance with section one hereof are for  any reason not adjudicated to the holder of the same who has paid  for .the survey, such holder shall be entitled to have the actual cost of said survey refunded  to him by  the person to  whom said lot or lots have  been finally adjudicated: Provided, however, That  if such person be the Government, the party defeated  at the hearing  who paid  for the  survey shall not be entitled to such  refund.SEC. 4. All proceedings under this Act shall, whenever possible, be heard in the municipality where  the land the titles to which are to be settled and adjudicated are situated. The court may, in its discretion,  assign such hearing to the local  justice of the peace. who shall act as referee, without additional remuneration, in accordance with section one hundred  and thirty-six and subsequent  sections  of Act Numbered One hundred and ninety, known  as the Code of Procedure in Civil Actions and Special Proceedings.SEC. 5. When the survey of the lands mentioned in section one of this Act has not been previously made and has to be made by a private  surveyor after the  approval of this Act, the schedule of survey charges  agreed upon  between said surveyor and the holders of the  land shall first be  submitted to and approved by the Director of Lands as to the reasonableness of the charge and the terms  of payment.SEC. 6. This Act shall take effect on its approval.Approved, November 27, 1925.

Source: Supreme Court E-Library