PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
ACTS
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
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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
decision- provided no innocent purchaser for value has acquired
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."
Sec. 2. This Act shall take effect on its approval. Approved: December 6, 1929. |
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Since 19.07.98.