Amendment to Section 38 of Act No. 496 (Land Registration Act)
Act No. 3630, enacted on December 6, 1929, amends Section 38 of the Land Registration Act in the Philippines. It establishes that once a court confirms and registers a land title, the decree is binding and conclusive against all parties, including the government, with exceptions only for cases of fraud. Affected individuals can seek a review within one year if they believe the registration was obtained through fraud, but this right is limited if an innocent purchaser has acquired an interest in the land. After one year, the decree becomes incontrovertible, and any disputes must be resolved through a damages action rather than annulment. The law is effective immediately upon approval.
Law Information
- Reference Number
- Act No. 3630
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 6, 1929
ACT NO. 3630
AN ACT TO AMEND SECTION THIRTY-EIGHT OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX OF THE PHILIPPINE COMMISSION, ENTITLED THE LAND REGISTRATION ACT, AND FOR OTHER PURPOSES
SECTION 1. Section thirty-eight of Act Numbered Four hundred and ninety-six of the Philippine Commission, entitled the Land Registration Act, is hereby amended to read as follows:
"SEC. 38. If the court after hearing finds that the applicant or adverse claimant has title as stated in his application or adverse claim and proper for registration, a decree of confirmation and registration shall be entered. Every decree of registration shall bind the land, and quiet title thereto, subject to the exceptions stated in the following section. It shall be conclusive upon and against all persons including the Insular Government and all the branches thereof, whether mentioned by name in the application, notice, or citation, or included in the general description 'To all whom it may concern.' Such decree shall not be opened by reason of absence, infancy, or other disability of any person affected thereby, not by any proceeding in any court for reversing judgments or decrees: subject, however, to the right of any person deprived of land or of any estate or interest therein by decree of registration obtained by fraud to file in the competent Court of First Instance a petition for review within one year after entry of the decree, provided no innocent purchaser for value has acquired an interest. Upon the expiration of said term of one year, every decree or certificate of title issued in accordance with this section shall be incontrovertible. If there is any such purchaser, the degree of registration shall not be opened, but shall remain in full force and effect forever, subject only to the right of appeal hereinbefore provided: Provided, however, That no decree or certificate of title issued to persons not parties to the appeal shall be cancelled or annulled. But any person aggrieved by such decree in any case may pursue his remedy by action for damages against the applicant or any or any other person for fraud in procuring the decree. Whenever the phrase 'innocent purchaser for value' or an equivalent phrase occurs in this Act, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrance of value." dctai
SECTION 2. This Act shall take effect on its approval.
Approved, December 6, 1929.
Cite This Law
Amendment to Section 38 of Act No. 496 (Land Registration Act), Act No. 3630, Dec 6, 1929 (Philippines)
Amendment to Section 38 of Act No. 496 (Land Registration Act), Act No. 3630 (Phil. 1929)
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