| CONTACT: |
| Supreme Court of the Philippines Library Services, Padre Faura, Ermita, Manila, Philippines 1000 |
| (632) 8524-2706 |
| libraryservices.sc@judiciary.gov.ph |
[ Act No. 1393, September 09, 1905 ]
AN ACT PROVIDING FOR THE WIDENING OF THE STREETS AND THE ADJUSTMENT OF OWNERSHIP OF LAND LOCATED WITHIN CERTAIN SPECIFIED LIMITS IN THE MUNICIPALITY OF CEBU, PROVINCE OF CEBU.
By authority of the United States, be it enacted by the Philippine Commission, that:
SECTION 1. The committee appointed by resolution of the Commission of March twenty-first, nineteen hundred and five, and composed of the Consulting Engineer to the Commission, the supervisor of the Province of Cebu, the fiscal of the Province of Cebu, and the president of the municipality of Cebu, are hereby authorized " to provide plans for the widening of such streets as may be desirable and proper, and to lay out new streets within the so-called "burnt area," in the municipality of Cebu, Province of Cebu, and to adjust all questions of ownership of all land within said burnt area, and to make such equitable allotment and adjustment of the land within said burnt area as may be necessary and practicable, caused by the widening of existing streets, and in the hiving out of new streets.
SEC. 2. The said committee is empowered to acquire title to all lands within said area by gift, cession, or transfer from present claimants of said lands, and, having secured title to said lands, is empowered to make application to the Court of Land Registration to have the title to all lands within said area registered and confirmed in the name of said committee, pursuant to the provisions of Act Numbered Four hundred and ninety-six and the amendments thereto.
After the title to said lands shall have been registered in accordance with the preceding paragraph, the committee shall convey title to the person or persons or corporations entitled thereto in accordance with the allotments agreed upon and shown on plan filed with application in the Court of Land Registration.
SEC. 3. There is hereby granted and conveyed to the said committee, for the purpose specified, all esteros. streets, alleys, and other property within said burnt area owned by the Insular Government and the following-described plat of ground, a portion of which is a part of the land to be reclaimed by the harbor improvement of Cebu :
Beginning at the southeast corner of block four, as shown on a map indicating the subdivision of the burnt area in the municipality of Cebu, which is on file in the office of the supervisor of the Province of Cebu, thence south fourteen degrees eleven minutes east a distance of twenty-four meters; thence south seventy-five degrees forty-nine minutes west a distance of two hundred and ninety-four and sixty-five thousandths meters; thence north fourteen degrees eleven minutes west a distance of twenty-Jive and sixty-seven thousandths meters: thence north seventy-seven degrees twenty-six minutes forty seconds east a distance of fifty-one and one hundred and ninety-five thousandths meters; thence north fifteen degrees-seven minutes west a distance of twelve and four hundred and one thousandths meters; thence north seventy-five degrees forty-nine minutes east a distance of fifty-four and ninety thousandths meters; thence north seventy degrees one minute twenty seconds east a distance of thirty-four and one hundred and thirty-five; thousandths meters; thence north fourteen degrees eleven minutes west a distance of six hundred and eighteen thousandths of one meter; thence north seventy-four degrees forty-eight minutes ten seconds east a distance of thirty-four and one hundred and thirty thousandths meters; thence north ten degrees forty-five minutes west a distance of six hundred and nineteen thousandths of one meter; thence north seventy-nine degrees twelve minutes thirty seconds cast a distance of thirty-six and nine hundred and ninety-three thousandths meters; thence north seven degrees forty-seven minutes fifty seconds . west a distance of three and seven hundred and eight thousandths meters; thence north eighty-four degrees fifty-three minutes fifty seconds east a distance of fifty-three and. six thousandths meters; thence south six degrees thirty-five minutes ten seconds east a distance of five and one hundred and thirteen thousandths meters; thence north eighty-two degrees thirty-seven minutes thirty seconds east a distance of thirty-two and two hundred and ninety-six thousandths meters; thence south fourteen degrees eleven minutes east a distance of one and five hundred and twenty-four thousandths meters, to the point of beginning, containing an area of ten thousand one hundred and forty-four and nine hundred and seventy-five thousandths square meters, more or less.
SEC. 4. The municipality of Cebu is hereby authorized to grant to and convey to said 'committee, for the purpose specified, all esteros, streets, alleys, and other property owned by said municipality within said burnt, area, and to accept and authorize the new streets and widening of such existing streets as are shown on the map referred to in the preceding section. The municipality of Cebu and the hereby created are each of them authorized and empowered to condemn the lands of private persons or corporations not conveying their property to the said committee, and the procedure to he followed in such cases of condemnation shall be the same as that provided in the Code of Civil Procedure for the exercise of the right of eminent domain.
SEC. 5. The proceedings before the Court of Land Registration c shall be in the same form and manner as in other eases originating is in said court under the provisions of Act Numbered Four hundred and ninety-six and the amendments thereto: Provided, however, That the application shall be accompanied by a plan showing definitely the different parcels pi land conveyed to the committee by the present claimants, together with all muniments of title evidencing the ownership of the said present claimants, and also a plan showing the allotments made by ,said committee, said plan to show the areas and dimensions of lots and streets shown thereon: And provided further, That all fees for registration of title and issuance of certificate's of title, and assurance fund, which would under ordinary circumstances accrue to the benefit of the Insular Government of the Philippine Islands, the provincial government of Cebu, the assurance fund, and the fee paid the examiner of titles for examination of title shall be waived.
SEC. 6. To defray the expenses of publication and sheriff's fees to be incurred in the registration of said property, there is hereby t appropriated, out of any funds in the Insular Treasury not otherwise appropriated, the sum of two hundred pesos, or as much thereof as may be necessary, said funds to be disbursed by the disbursing officer of the Bureau of Engineering, upon approval of bills by the chairman of said committee.
SEC. 7. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 8. This Act shall take effect on its passage.
Enacted, September 9, 1905.
SECTION 1. The committee appointed by resolution of the Commission of March twenty-first, nineteen hundred and five, and composed of the Consulting Engineer to the Commission, the supervisor of the Province of Cebu, the fiscal of the Province of Cebu, and the president of the municipality of Cebu, are hereby authorized " to provide plans for the widening of such streets as may be desirable and proper, and to lay out new streets within the so-called "burnt area," in the municipality of Cebu, Province of Cebu, and to adjust all questions of ownership of all land within said burnt area, and to make such equitable allotment and adjustment of the land within said burnt area as may be necessary and practicable, caused by the widening of existing streets, and in the hiving out of new streets.
SEC. 2. The said committee is empowered to acquire title to all lands within said area by gift, cession, or transfer from present claimants of said lands, and, having secured title to said lands, is empowered to make application to the Court of Land Registration to have the title to all lands within said area registered and confirmed in the name of said committee, pursuant to the provisions of Act Numbered Four hundred and ninety-six and the amendments thereto.
After the title to said lands shall have been registered in accordance with the preceding paragraph, the committee shall convey title to the person or persons or corporations entitled thereto in accordance with the allotments agreed upon and shown on plan filed with application in the Court of Land Registration.
SEC. 3. There is hereby granted and conveyed to the said committee, for the purpose specified, all esteros. streets, alleys, and other property within said burnt area owned by the Insular Government and the following-described plat of ground, a portion of which is a part of the land to be reclaimed by the harbor improvement of Cebu :
Beginning at the southeast corner of block four, as shown on a map indicating the subdivision of the burnt area in the municipality of Cebu, which is on file in the office of the supervisor of the Province of Cebu, thence south fourteen degrees eleven minutes east a distance of twenty-four meters; thence south seventy-five degrees forty-nine minutes west a distance of two hundred and ninety-four and sixty-five thousandths meters; thence north fourteen degrees eleven minutes west a distance of twenty-Jive and sixty-seven thousandths meters: thence north seventy-seven degrees twenty-six minutes forty seconds east a distance of fifty-one and one hundred and ninety-five thousandths meters; thence north fifteen degrees-seven minutes west a distance of twelve and four hundred and one thousandths meters; thence north seventy-five degrees forty-nine minutes east a distance of fifty-four and ninety thousandths meters; thence north seventy degrees one minute twenty seconds east a distance of thirty-four and one hundred and thirty-five; thousandths meters; thence north fourteen degrees eleven minutes west a distance of six hundred and eighteen thousandths of one meter; thence north seventy-four degrees forty-eight minutes ten seconds east a distance of thirty-four and one hundred and thirty thousandths meters; thence north ten degrees forty-five minutes west a distance of six hundred and nineteen thousandths of one meter; thence north seventy-nine degrees twelve minutes thirty seconds cast a distance of thirty-six and nine hundred and ninety-three thousandths meters; thence north seven degrees forty-seven minutes fifty seconds . west a distance of three and seven hundred and eight thousandths meters; thence north eighty-four degrees fifty-three minutes fifty seconds east a distance of fifty-three and. six thousandths meters; thence south six degrees thirty-five minutes ten seconds east a distance of five and one hundred and thirteen thousandths meters; thence north eighty-two degrees thirty-seven minutes thirty seconds east a distance of thirty-two and two hundred and ninety-six thousandths meters; thence south fourteen degrees eleven minutes east a distance of one and five hundred and twenty-four thousandths meters, to the point of beginning, containing an area of ten thousand one hundred and forty-four and nine hundred and seventy-five thousandths square meters, more or less.
SEC. 4. The municipality of Cebu is hereby authorized to grant to and convey to said 'committee, for the purpose specified, all esteros, streets, alleys, and other property owned by said municipality within said burnt, area, and to accept and authorize the new streets and widening of such existing streets as are shown on the map referred to in the preceding section. The municipality of Cebu and the hereby created are each of them authorized and empowered to condemn the lands of private persons or corporations not conveying their property to the said committee, and the procedure to he followed in such cases of condemnation shall be the same as that provided in the Code of Civil Procedure for the exercise of the right of eminent domain.
SEC. 5. The proceedings before the Court of Land Registration c shall be in the same form and manner as in other eases originating is in said court under the provisions of Act Numbered Four hundred and ninety-six and the amendments thereto: Provided, however, That the application shall be accompanied by a plan showing definitely the different parcels pi land conveyed to the committee by the present claimants, together with all muniments of title evidencing the ownership of the said present claimants, and also a plan showing the allotments made by ,said committee, said plan to show the areas and dimensions of lots and streets shown thereon: And provided further, That all fees for registration of title and issuance of certificate's of title, and assurance fund, which would under ordinary circumstances accrue to the benefit of the Insular Government of the Philippine Islands, the provincial government of Cebu, the assurance fund, and the fee paid the examiner of titles for examination of title shall be waived.
SEC. 6. To defray the expenses of publication and sheriff's fees to be incurred in the registration of said property, there is hereby t appropriated, out of any funds in the Insular Treasury not otherwise appropriated, the sum of two hundred pesos, or as much thereof as may be necessary, said funds to be disbursed by the disbursing officer of the Bureau of Engineering, upon approval of bills by the chairman of said committee.
SEC. 7. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 8. This Act shall take effect on its passage.
Enacted, September 9, 1905.