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GELE: Cadastral Surveying and Land/Property Law Applications

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Cadastral Surveying and Land/Property Law Applications

The Torrens system and public land law

Philippine land registration follows the Torrens system under the Property Registration Decree (PD 1529): a certificate of title (OCT/TCT) is indefeasible and conclusive evidence of ownership. Original registration may be judicial or administrative, the latter through free patents and homestead patents under the Public Land Act (CA 141). Only alienable and disposable land of the public domain can be titled; forest land, foreshore and riverbeds remain public. A tax declaration is only evidence of possession, never of ownership.

Survey categories and returns

The candidate must separate cadastral surveys (Cad-), which cover whole municipalities and fix all parcel boundaries; isolated surveys (Ls-) for a single parcel; verification surveys to confirm an existing title; subdivision surveys (Psd-); and consolidation surveys (Pcs-). Technical descriptions state bearings and distances, adjoining owners, and tie lines to a BLLM or other reference monument. Survey returns are signed and submitted for approval.

Rules of evidence and traps

Boundary retracement follows a hierarchy: natural monuments, then artificial monuments, then courses and distances, then area. Monuments control over measurements. The stated area is usually qualified "more or less" and is not conclusive; the bounding lines govern. Do not confuse accretion and alluvion, which belong to the riparian owner, with avulsion, which does not transfer ownership.

Rule of thumb. Area conversion: 1 hectare = 10 000 m squared = 2.471 acres. A double meridian distance computation yielding 12 345 m squared gives 1.2345 ha.