EXECUTION OF THE MORTGAGE LAW
CUBA, PUERTO RICO, AND
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DIVIGIO2j l %eSTOMIS A ND'IiSULAR AFFA&is
GOVERNMENT PRINTING OFFICE.
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MADAME: The Mortgage Law sanctioned by Your Majesty for the
Colonies, amending the real estate system, made a change in the Regu-
In the law the greatest respect for the original text was observed,
conforming thereto, as far as practicable, in the arrangement and
Nomenclature of its titles and the numeration of its articles. But it is
not possible at the present time, nor would it be advisable, to observe
the same rule, with the exception of the recompilement of the three
regulations which were applied to the Colonies into one, in the same
manner in which the three laws have already been united. The
subordination of the new to the old text is impossible, because the
regulations being liable to change, as they are perfected daily by the
teachings of experience, some parts being amended, while new cases
are embraced in others, the text for the Antilles was somewhat distinct
from that for the Peninsula, that for the Philippines differing still more
therefrom, and separate new provisions are now in existence which
must be embraced in the new text. To all this must be added the fact
that, in the endeavor to improve the method, the system pursued by
the law was departed from in the regulations, as if a different legal
subject were in question, adopting another arrangement of the subject-
matter by which its management and the attempt at agreement is made
rather difficult. Perhaps the arrangement which was preferred is more
perfect than that of the law, but the difference has caused confusion,
which has been increased by the large number of provisions and
decisions not yet incorporated in the text.
To re-establish the coordination of the regulations and the law, and
to unify the arrangement of the subjects, is one of the advantages of
the annexed plan.
Of the regulations enacted for the execution of the mortgage law,
those for the Philippines, dated August 16, 1889, are the latest. All
the provisions which have been enacted were condensed up to this date,
and have been made use of in the foundation of the one now proposed.
The consideration of the method indicated has suggested this choice,
and all the provisions of a general character proposed up to the present
time have been added thereto, harmonized to the Civil Code and to the
amendments introduced in the mortgage law, and finally it is perfected,
with the rules for procedure and for the application of the new precepts
contained in said law.
Some explanation of these rules at the present time appears particu-
larly necessary, as the convenience and scope of the other innovations
were explained at the time the reform of the law, which was favorably
considered by the Cortes, was proposed.
The procedure permitting sellers of agricultural implements to make
use of the advantages allowed them by Article 112 of the law is regu-
lated by a detailed statement of the requisites necessary for the execu-
tion of instruments and the proper records, so as to prevent any
With regard to the record of small estates, the provisions contained
in Article 3 of the law are elucidated, perhaps unnecessarily, so that it
can be well understood that contracts involving real estate, the value
of which does not exceed 300 pesos, enjoy the same advantages as
those regarding property rights of any kind whatsoever, and that
inheritances of less than 2,500 pesos in value, when no partitions
thereof take place, are governed by the same provisions as those requir-
ing a formal act of partition.
Article 128 of the law declares that the regulations will fix the com-
plementary details of the new procedure established for the collection
of mortgage debts by Article 127 et seq. This amendment being one
of the principal ones, and the manner of its application having been
reserved to the regulations, it has been decided that in the instrument
establishing the loan, the estimated value of the estate shall be stated,
the right to new appraisements in the future being renounced, and
that the day on which the obligation falls due be fixed in a definite
manner; that all payments, which must be shown by notarial instru-
ments, be recorded in the Registry by means of marginal notes, and that
the petition to make the credit effective be expressed in terms commen-
surate with its great importance, including a copy of the instrument
establishing the loan and of the certificate of the Register, which shows
the actual status of the debt the collection of which is demanded.
After the formal demand for payment has been decreed, which shall
be done once only, subsequent creditors shall be notified of the demand,
so that they may be present when the public sale takes place, should
they so desire.
The failure to attach mortgaged property does not extend to other
property against which said creditor brings his action. In such case
it shall be necessary to follow the proper requirements of the Law of Pro-
cedure, only shortening and simplifying them to secure the effectiveness
of the mortgage.
Thirty days after the formal demand for payment has been made, a
notice of the auction shall be published in the Gaceta" of the proper
Island, and after said auction has taken place, if the debtor does not
demand that the estate be awarded him for the amount agreed upon,
he may request other auction sales with prudent reductions of the min-
imum acceptable, reserving the total sum of all other obligations con-
tracted prior to the mortgage security of his debt. Such provisions of
the law of Civil Procedure shall be followed which are best suited to this
most summary procedure to secure all rights. Article 413 of the law
repeals other articles conflicting therewith, even when they do not
refer to questions of mortgages, and the regulations must subordinate
themselves to the letter and spirit of the latest provisions.
The entire section regulating the executory procedure for the collec-
tion of mortgage debts conforms to the ordinary system of judicial
t proceedings, so far as is permitted by the careful innovations which
the law his desired to introduce, to release debts from the formalities
and ceremonies which frequently sacrifice on the altar of fraud, that
justice which it was most particularly desired to respect. We start
from the principle that a mortgage record contained in a Registry
defines a state of a right no less worthy of a presumption of inherent
and conclusive legality than that other state which follows a decree of
sale.in the foreclosure action, with weaker securities and fixed or priv-
ileged exceptions and defenses. The greatest care was taken to insure
the ease and efficacy of compulsory proceedings, under the responsi-
bility of the claimant, and instead of permitting this intention, of so
vital importance to credit, to be frustrated by possible contentions,
which in every case would be restricted or imperfect, everything has
been reserved which can and must be inconsistently interpreted, so
that any person may bring the question up in a declaratory suit, which
can be done at any time, and a final judgment thereon secured by the
measures which are added to the ordinary procedure to insure the
compliance of the same.
In establishing means to release estates from incumbrances which
are not recorded in accordance with Article 349 of the law, the unjus-
tifiable statement is made that incumbrances which are not in the
possession of the person who had them recorded thirty years before,
can not be the basis of said proceedings, notwithstanding that they
are in the possession of his legal representatives, although not recorded.
The separation established by Article 397 of the law between
records of ownership and those of mere property rights entered in the
old books is explained with the greatest clearness, providing in its
first paragraph that the former may be transferred at any time, and
the latter, in accordance with paragraph 2, only within the period of
one year, if they are to prejudice third parties.
The scope of the first and last paragraphs of the same article is also
made clear, the former providing that the old entries must be trans-
ferred to the new books if they are to prejudice third persons, and the
latter that, even if they are not transferred, they shall continue effective
between the parties.
The necessary precautions are also adopted to prevent these pro-
visions from being avoided, and the transfer is regulated by all the
provisions appearing necessary.
The most summary procedure is ordered for the conversion of entries
of possession into records of ownership. To the models which for the
uniform and correct application of the law have always accompanied
the regulations, models the number and variety of which for the
Philippines greatly exceed those for the Peninsula, another one of
marked practical convenience is added, consisting of the papers of the
proceedings regarding notices of possession, so that they may comprise
all the details required by the Mortgage Law, thus avoiding any diffi-
culties which may be caused by its deficiencies. This model has no
didactic character, nor is it made public for the officials who have a
knowledge of the precepts to be applied, such officials being often sub-
stituted or replaced by individuals who are not lawyers. It would be
useful in these cases, and will always serve as a detailed official model
for interested persons, which at the same time will unify the practice
and understanding of the law enacted.
Leaves of absence for Registers are regulated, avoiding their frequent
recurrence in the Islands, and limiting the duration of their absence
from the Islands, which was excessive; rules already in force are incor-
porated and there is avoided the inopportune application of provisions
enacted for other officials and inappropriate to the office of Register.
The rules for leave of absence of Registers of the Peninsula are given,
having absolute regard for the jurisdiction of the Secretary of Grace
Regarding the new procedure which shortens the periods for gender
assignments and the appointment of temporary Registers, which
greatly benefit good service, the report of the full Council of State
already been heard, whose proposals, with slight modifications,
embodied in the new regulations.
The previous ones contained many references to various matters
which pertained to other legal matters, a system which hinders the
dispatch of business. This evil is avoided by reducing the citations to
such provisions which are not pertinent to the subject-matter of the
regulations, embodying those referring to competitive examinations for
Registers of property, and for positions in the Notarial and Registry
Division, at the same time introducing in the latter some reforms sug-
gested by experience.
The statistical service requires a great impetus because of its great
usefulness, and this is secured by a slight increase in the clerical force
of the proper Division of the Department. The interesting information
which is to be gathered and arranged in the future, with a comprehen-
siveness and scope which this service does not possess among ourselves,
suggests, perhaps, the publication of "Annual Reports" which would
contribute to a general knowledge of our colonies, greatly assisting the
mission of the governing officials, as well as cementing the relations
between them and the Peninsula.
Temporary provisions corresponding to the character of the subject-
matter regulate the classification and the proper bonds of Registers;
the period of one year during which implied mortgages in Cuba will be
open to the provisions of the new law, the closing of "Anotadurias" in
the Philippines, the unification of the eligible lists for filing Registries,
and some other questions such as that of "haciendas comuneras" in
As the Mortgage Law must be put into operation, twenty days after
its publication in the respective official Gazettes has been concluded,
in accordance with the provisions contained in Article 1 of the Civil
Code and of the Royal Decree of July 31, 1889, the annexed Regula-
tions, indispensable for the execution of the former, will become effective
simultaneously, a distinct period of twenty days not being counted for
this purpose. In Cuba, in Pueto Rico, and in the Philippines, respec-
tively, and in each case the substitution of the actual provisions for
the new ones, of the law as well as of the regulations, must take place
The unextendible time in which these Regulations are to be put into
operation, as has just been stated, and the legal necessity of submitting
them to the Council of State to make them final, requires that they be
published at present as provisional in character, as has been done for
In view of the foregoing considerations, and in accordance with the
Council of Ministers, the undersigned has the honor to submit, for the
approval of Your Majesty, the following draft of a decree.
Madrid, July 18, 1893.
At the Royal Feet of Your Majesty.
ANTONIO MAURA Y MONTANER.
GENERAL REGULATIONS FOR THE EXECUTION OF THE MORT-
GAGE LAW FOR CUBA, PUERTO RICO, AND THE PHILIPPINES.
INSTRUMENTS REQUIRING RECORD.
ARTICLE 1. Registries of real estate shall be divided into three
classes, according to the amount of fees collected by them. The classi-
fication of Registries may be changed every ten years, according to the
results of experience during the last five years, and after the formali-
ties prescribed in the following article, necessary for the transfer of
their location, have been complied with.
ART. 2. The Government may order the change of the location of
Registries, subject to the following rules:
First. That reasons of public convenience exist sufficiently proven in
the proceedings which for this purpose are instituted in the Registry
and Notarial Division of the Colonial Department.
Second. That in said proceedings a hearing be given to the municipal
councils of the towns situated within the jurisdiction of the Registry.
Third. That the Register of property, the Judge of First Instance, the
Governmental Division of the proper Audiencia, the Governor of the
Province, and the Governor-General report as to the usefulness,
advantages, and disadvantages of the transfer.
Fourth. That the Council of State be heard.
ART. 31 When the transfer of the seat of a Registry has been ordered,
in accordance with the provisions of the preceding article, the Presi-
dent of the Audiencia shall issue the orders necessary to carry it out
immediately, proceeding so that due compliance may be given to the
rules mentioned in Articles 6, 7, and 8 of these Regulations, with such
modifications as are required by the nature of the case.
ART. 4. The provisional transfer of offices shall be permissible when
Registers, by reason of extraordinary circumstances, or when the town
is occupied or threatened by enemies, are prevented from effectively
discharging their duties, or when in discharging them they would be
obliged to recognize as legal, the instruments or documents authorized
by the enemies.
With the exception of these cases, Registers shall not be forced to
leave the locality where their office is located, and they shall be entitled
to a reward if, continuing to discharge their duties and confining them-
selves thereto, they secure the preservation and custody of the books
and documents of the Registry. This reward shall be considered as a
special award, for all the purposes of Rule No. 1 of Article 303 of the
ART. 5. Registers who find themselves in the situation referred to in
the preceding article shall request the transfer of the office through a
communication addressed to the judicial authority previously delegated
to inspect the Registry, so that said official may designate the town or
locality where it is to be transferred to. Said official shall immediately
communicate it to the President of the Audiencia, stating at the same
time the safest place in his judgment, so that the President may decide
what may be deemed proper. If the urgency of the case requires it,
the official may himself fix the place to which the offices are to be trans-
ferred, subsequently giving an account thereof to the President.
The offices should not be located outside of the territorial limits of
the Registry. If this can not be effected and their transfer is made to
a place in a different territory, the authority of the President of the
Audiencia shall be indispensable for this purpose.
ART. 6. After the provisional transfer of a Registry has been
ordered, it shall be communicated to the Governor-General and to the
Governor of the proper province, and shall be published in the official
newspapers of the corresponding island, stating the date of its estab-
lishment, and the date it was opened to the public, in the locality to
which it has been transferred.
These facts shall also be communicated to the Colonial Department.
ART. 7. The transfer shall always be made at the expense and under
the responsibility of the Register, who, should he consider it indis-
pensable, may request the assistance of the authorities for the due
protection of the books and documents of the Registry.
The following rules shall also be observed:
First. In closing the Registry on the day immediately preceding the
date of the transfer, the Register shall make a record of its closure in
the proper form, adding the following words before the date:
And this Day Book shall not be reopened until the transfer of this office to -
has been made, at which place the Registry shall continue temporarily located,
according to an order from -
Second. After the Register and his office have been established in
their new locality, he shall advise the official who makes the inspec-
tions to this effect, who shall make an extraordinary inspection as soon
as possible, the only purpose of which shall be to make a general
inventory of all the books and packages of which the Registry is com-
posed, so as to be able to state at any time the number and condition
of the same after their transfer, being permitted, for the sake of brevity,
to refer to his last inspection or inventory if the actual condition of
the office can be understood therefrom.
Third. After the inspection has been concluded, the Delegate shall
fix the day on which the new Registry is to be opened, ordering that it
be announced with the greatest publicity and with proper previous
Fourth. If some book or document appears to have been lost, the
Delegate shall proceed as is proper according to law, taking into con-
sideration the provisions contained in Title XV of the Law. At any
rate, and no matter what the results, the President of the Audiencia
shall be advised thereof.
ART. 8. When the President of the Audiencia orders the temporary
transfer of a Registry, he shall designate in accordance with the provi-
sions of articles 269 of the law and 309 of these regulations the judicial
authority which is to be delegated to inspect said office.
ART. 9. As soon as the extraordinary conditions which caused the
temporary transfer have disappeared, the Register shall thus advise the
President of the Audiencia, through his Delegate, so that the President
may authorize him to return to the town which is the seat of the Reg-
istry. Should the President consider that those conditions have disap-
peared, he shall authorize him to do so, the same rules being observed
which are prescribed for the transfer, with the changes necessary in the
entries in the Day Book showing the return.
ART. 10. The days following the closing entry mentioned in Article 7
until, in accordance with the order of the Delegate, the Registry is
opened to the public in the town to which it was transferred, shall be
considered as days on which no work can be done. During these days
the fixed period established for the operations of the Registry shall be
ART. 11. When in changing the territorial limit of a Registry it is
necessary to add thereto a new town or rural subdistrict, the Governor-
General of the proper Island shall fix the date from which the docu-
ments relating to estates located in the annexed town or subdistrict
are to be presented to said Registry, being published with the proper
previous notice in the official newspapers.
To effect the annexation mentioned the rules prescribed in the
following articles shall be observed:
ART. 12. The Register of the subdistrict to which the town belongs,
from which the removal took place, shall deliver the books, documents,
and other objects pertaining thereto, after they have been closed in the
manner which shall be stated, and after an inventory has been made,
The number and class of books delivered.
A literal copy of the entry of closure.
The number and character of the other documents and files delivered.
The date of the delivery.
This inventory shall be made in duplicate; both copies shall be signed
by the Register and the Judge of First Instance, one copy being kept
in the Registry of the town from which the removal took place, the
other one being sent, together with the books and papers in question,
to the Register of the subdistrict to which said town is annexed.
ART. 13. Decrees ordering cautionary notices and copies of instru-
ments of cancellation shall be understood as included among the docu-
ments referred to in the preceding article. All of them must be trans-
mitted to the Register of the subdistrict to which the town is annexed,
if they refer exclusively to estates situated within its municipal dis-
trict; otherwise they shall remain on file in the original Registry.
The indices referring to the books transferred shall also be turned
over, should they not contain any entries referring to other books which
are to be retained and which form a portion of the old Registry.
Should said indices contain any data relating to other towns, the
Register shall keep them in his office, but he shall make an abstract
from the modern indices of city and country property of the data
relating to the town from which the removal took place, and shall send
it, together with the books, to the Registry to which it is annexed,
which, in view thereof, shall make the necessary additions to the indices
for estates of his Registry.
The latter official shall also make additions to the indices for persons,
taking necessary data from the new books.
He shall add up the old indices in a similar manner, making use for
this purpose of the same books or of the statements or abstracts of old
entries which are sent him in their place.
ART. 14. The closing entry of the books relating to the town from
which the removal took place shall be made on the date fixed by
the President of the Andiencia, and if this can not be completed on
said date the necessary hours of the same and of the following days
shall be taken, even when they are days on which business should be
From the date fixed for this purpose no entry shall be made in the
books of said town, nor shall any document referring to the same be
admitted which is presented for entry referring to said town, but must
be presented in the Registry which in the future the town is to form a
Documents which have been presented previously and are awaiting
record on said date shall be presented to the Register of the latter sub-
district, so that he may proceed in accordance with the Law and these
The Register within whose territory was the town from which the
removal took place, shall transmit with the documents above mentioned,
a literal and certified copy of all the entries contained in the Day Book
relating to documents presented during the thirty working days prior
to the closing entry, and which refer to estates situated within said
ART. 15. The closing entry shall be made in the presence of the
Judge, Register, and representative of the Department of Public Pros-
ecution, the last two making a certificate on the back of the title-page
of each book, showing-
First. The total number of folios contained in the book and its state
Second. The number of folios written on, and the number totally
Third. The number of folios containing blanks between entries, or
having blots, corrections, erasures, or interlineations thereon, or they
shall state that none such were found.
Fourth. The number of estates recorded, and of the entries relating
to each one, stating the total number of entries in each volume, by
entry being understood, for this purpose only, marginal notes and ref-
erences made on the pages relating to each estate.
The Judge shall examine the certificate, and should he find it cor-
rect, he shall subscribe it with his signature and rubric.
ART. 16. After the closing entry and inventory have been made, the
Delegate shall immediately inform the President of the Audiencia -
thereof, who in his turn shall advise the Colonial Department; he shall
also inform the Register of the subdistrict to which the town is annexed,
so that the latter, either personally or through his substitute or some
Registry official, may send for said books and documents after they have
been found to conform with the inventory, giving the proper receipt
therefore, which he shall sign at the foot of the duplicate of the same.
The delivery shall be effected in the presence of the Delegate before
whom said Register, or the person representing him, shall make the
proper statement with regard to any differences he may perceive
between the books and documents delivered to him and the inventory.
ART. 17. The Register of the district to which the new town is
annexed, must collect the books, documents, and files relating to the
town annexed in the shortest possible time, always within fifteen days
from the date he receives notice of the conclusion of the inventory,
which period may be extended for just cause by the President of the
If said period has elapsed without this being done, the other Register
shall deliver them to the Delegate, who shall transmit them with due
precaution to the Delegate of the Registry to which the town is annexed,
so that the latter may deliver them to the Register. All this shall be
done at the expense and risk of the latter, and without prejudice to the
responsibility incurred by his negligence and to the penalty he has sub-
jected himself to, which shall be imposed upon him by the President of
ART. 18. As soon as the Register gains possession of the books,
documents, and files of the town, he shall inform the President of the
Audiencia of this fact, also stating the time he requires to complete the
indices. If, on account of not having finished the indices or not having
received the books, he can not make definite records within the period
mentioned in Article 56 of these Regulations, he shall act in accord-
ance with Article 42, No. 9, of the law.
ART. 19. The general and correlative numbering which the books
relating to the town from which the removal took place bore in the old
Registry shall be replaced by that corresponding to the new Registry,
the first of said books bearing the number immediately following the
last one opened in said office, preserving the special correlative num-
bering of 'the municipal district.
ART. 20. The titles of the books of the Registry of property relating
to the new town shall be corrected by the addition thereto before the
heading at the beginning: "Registry of property of (the new
one), formerly of -- ," and after the last line of the title, "Volume
- of property of -- (the new one)."
ART. 21. The administrative remedies against the suspension or
denial of an entry by the old Register of documents relating to the
town from which the removal took place shall be presented to the Del-
egate of the new Registry, and any which are pending shall also be
sent to the same person.
ART. 22. When the cause which gave rise to the annexation of a
town is the abolition of its municipality, to incorporate it into another
pertaining to a different Registry, the books of the municipality abol-
ished shall continue to be kept in the same manner as formerly, being
considered as a new section of the municipal district into which it is
The provisions contained in the preceding paragraph shall also be
applicable, in case the annexation is made to a municipality located
within the territorial limits of the Registry.
ART. 23. If in the same instrument property located within a terri-
tory belonging to different Registries is alienated or encumbered, it
shall be recorded in the proper Registry, its record being effective from
the date of the presentation of the instrument, in so far as the prop-
erty referred to therein is concerned. If an estate is located within
the territory of two or more Registries, the record shall be made in
each one of them, but only including therein that part of the estate
which is located within its limits.
ART. 24. All real estate and property rights thereto may be recorded,
without exception, whether belonging to private parties, to the State,
to the province, to the municipality, or to civil or ecclesiastical cor-
ART. 25. Exceptions to the record required by Article 2 of the law
First. Property which belongs exclusively to the eminent domain of
the State, and which is for the use of all, such as the shores of the sea,
islands, rivers and their borders, wagon roads, and roads of all kinds,
with the exception of railroads; streets, parks, public promenades, and
commons of towns, provided they are not lands of common profit to
the inhabitants; walls of cities and parks, ports, and roadsteads, and
any other analogous property during the time they are in common and
general use, always reserving the servitudes established by law on the
shores of the sea and borders of navigable rivers.
Second. Public temples dedicated to the Catholic faith.
ART. 26. If any of the property embraced in the preceding article, or
any part thereof, should, change ownership, becoming the private prop-
erty of the State, provinces, towns, or public establishments, it shall
be recorded immediately, if it is to continue inalienable, and in accord-
ance with Articles 42 et seq., if they are to be alienated.
ART. 27. In accordance with paragraphs 1, 2, and 3 of Article 2 of
the law, not only must instruments be recorded creating, acknowledg-
ing, conveying, modifying, or extinguishing ownership or property
rights mentioned in said paragraphs, but also any others relating to
rights of the same character, such as the acquisition of estates, half
of which are to be reserved on account of entail, definite concessions
of mines, railroads, public works, water, pasture, and other similar
rights, awards in payment of debts in accordance with the proceedings
in general assignment or bankruptcy, concessions of crown lands, the
right of antichresis, that of reconveying estates sold with a covenant
of resale, or, in fact, any legal instrument or contract, which, without
having a proper name in law, modifies at once, or in the future, some
of the privileges of the ownership of real estate or property rights.
ART. 28. The obligations to transfer to another person the ownership
of any real estate or property right, or of creating on either a right of
the same character, shall not require record. Neither shall the obli-
gation to execute in the future any of the contracts embraced in the
preceding articles require record, unless the personal obligation in
either case is secured by a realty.
ART. 29. Final decrees, which must be recorded in accordance with
the provisions contained in the fourth paragraph of Article 2 of the
law, are not only those which explicitly declare the incapacity of some
person to administer his property, or modify in the same manner his
civil capacity with regard to the free disposition of his fortune, but
also all of those which legally produce some incapacity, although they
do not declare it in a positive manner, such as decrees containing a
declaration of bankruptcy or general assignment.
ART. 30. The provisions contained in the fifth paragraph of Article
2 of the law, with regard to the entry of leases, shall also be applicable
to sublettings, subrogations, transfers, and releases, provided they
come within the conditions contained in said paragraph; but in such
cases no new record shall be made, but a marginal note opposite the
one of the original lease, which had already been made.
ABT. 31. Beal estate and property rights owned or administered by
the State and civil corporations shall at once be entered in the Begis-
tries of property of the subdistricts in which they are located.
ART. 32. The Administrative Departments shall order the corpora-
tiofis, offices, or persons depending on them, who enjoy, or who have
charge of the realty mentioned in the preceding Article, to demand
the proper records, and shall furnish them with such documents and
information as may be necessary.
ART. 33. Whenever there exists a written title of the ownership of the
State or the Corporation to the property to be recorded, in accordance
with Article 31, it shall be presented in the proper Registry, and by
virtue thereof a record of ownership in favor of the person who appears
to be the owner shall be demanded, which must be granted, if it should
be proper, in accordance with the rules established for records of pri-
ART. 34. Should no written title of the ownership of said property
exist, an entry of possession shall be demanded, which shall be made
in the name of the State, if the latter should own it absolutely, or in
favor of the corporation which actually has possession, or which had
possession until the Administration took it into its custody.
ART. 35. In the record of ownership as well as in the entry of pos-
session, the last grantor as well as the actual status of the possession
of the recorded property shall be stated.
ART. 36. To make the entry of possession, the chief of the depend-
ency in whose charge is the administration or care of the estates which
are to be recorded, provided his office carries with it public authority
or the right to certify, shall issue a certificate in duplicate, in which,
referring to the inventories or to the official documents which are in his
possession, he shall state:
First. The character, location, superficial area, boundaries, denomi-
nation, and taxes on the estates or rights that it is desired to record.
Second. The legal character, value, conditions, and charges on the
property right in question, and the character, location, bounds, and
name of the estate on which said right is charged.
Third. The name of the person or corporation, when it appears,
granting the realty or property right.
Fourth. The time the State, province, town, or institution has had
possession thereof, if it can be exactly or approximately fixed.
Fifth. The public service or object to which the estate is destined.
If any of these details can not be stated, this shall be mentioned in
the certificate, indicating them.
These certificates shall be executed on stamped paper, the draft
thereof remaining countersigned in its proper record of proceeding.
ART. 37. When the official in whose charge is the administration of
the property, should have no public authority nor the right to certify,
the certificate referred to in the preceding article shall be issued by the
nearest of his hierarchical superiors who can do so, being furnished for
this purpose with the necessary information and official data.
ART. 38. The two copies of the certificate mentioned in Article 36
shall be forwarded immediately by the official issuing it to the proper
Register, requesting the proper entry of possession.
ART. 39. Should the Register give notice in the certificate of the
omission of some indispensable requirement for the record, according
to Article 36, he shall return both copies, giving notice of said omission,
after having made the entry of presentation, and without making a
cautionary notice. In such case new certificates shall be issued, in
which said omission shall be corrected or stating the insufficiency of
the data needed to do so.
ART. 40. After the record of ownership has been made, Registers
shall return the instrument presented therefore to the offices or officials
from whom they were received. When the possession is entered, the
Registers shall retain in their possession one of the two copies of the
certificate, and they shall return the other one, with the proper note of
ART. 41. Property possessed by the clergy shall be entered in the
same manner, as well as that which is returned to them and which is to
remain in their possession as inalienable; but the certificates of pos-
session which may be necessary for this purpose shall be issued by the
Bishop of the Diocese.
ART. 42. The real estate or property rights owned or administered
by the State or civil or ecclesiastical corporations, and which must be
conveyed in accordance with the laws in force, shall not be recorded
in the Registries of property until their sale or redemption in favor of
private parties takes place.
ART. 43. When any of the property is to be sold, or any of the
rights mentioned in the preceding article is to be redeemed, the Admin-
istrator of the Treasury (Administrador de Hacienda) shall search for
and unite to the bill of sale or writ of redemption the title deeds of said
Should said title deeds not exist or not be found, this fact shall be
stated in, the said record of proceedings, and said Administrator shall
issue the certificate in duplicate mentioned in Article 36, by virtue of
which an entry of possession shall be demanded and made before the
day fixed for the public sale, or before the redemption is effected if a
property right is in question, and in all cases proceeding in accordance
with the provisions of the preceding articles.
ART. 44. When the bill of sale or writ of redemption is executed,
the title deeds of ownership, should they exist, or the duplicate of the
certificate of possession, which otherwise should have been returned
to the Register, according to the provisions of Article 40, shall be
delivered to the purchaser or redeemer.
ART. 45. Those who, from the date the mortgage law went into
operation, should have acquired from the State any conveyable prop-
erty or redeemed any annuities (censos), shall have a right to demand
the deeds thereto, or, in default thereof, the certificate of possession
mentioned in Article 36, with the Register's note stating that the
respective entry has been made.
For this purpose Administrators of the Treasury shall immediately
request the record of all property embraced in this case, forwarding
the title deeds, should there be any, or the certificates of possession.
ART. 46. The purchasers of conveyable property and the redeemers
of annuities (censos), also conveyable, who acquired their right before
the Mortgage Law went into operation, may have them recorded in
their favor by presenting only the bill of sale or writ of redemption,
whether it is of a prior or a subsequent date.
ART. 47. When the State or civil corporations acquire some real
estate or property right, the Governors of the provinces or the central
Chief under whose dependency they are to be administered or pos-
sessed, shall take care that the titles of property be collected, should
there be any, and that at any rate the entry which is possible, be made,
either of ownership or of mere possession.
ART. 48. The authorities who administratively decree the award to
the Treasury of real estate or of property rights in payment of debts,
shall procure their record of ownership in favor of the State, seeing
for this purpose that a certificate be presented to the Register embrac-
ing the decree and the other matters necessary for records, according
to Article 9 of the law.
ART. 49. If in the cases stated in the two preceding articles the
realty or property right does not appear recorded in favor of the debtor
or assignor, and in addition thereto the deed thereof is not in existence
or can not be found, the Administration shall issue the certificate men-
tioned in Article 36, with reference to the proceedings of attachment'
or award which may have been had, and shall demand of the Register,
by virtue thereof, that he issue the certificate which must precede the
record or entry in favor of the State.
ART. 50. By title deed shall be understood, for all the purposes of
the record, the public instrument, which is prima facie evidence inter
vivos or causa mortis, on which the person in whose name said record
is to be made bases his right to the realty or property right.
Should said person possess more than one title deed, because, either
being an heir or legatee, he bases his right on a testament, and on a
partition, or, owning property, his right having been questioned, he is
supported in his ownership by a compromise or final decree, or for any
other cause, all the deeds shall have to be recorded, including them, if
possible, in one entry.
ART. 51. Authentic documents for the purposes of the law shall be
those which, serving as title deeds for the ownership or property right,
are issued by the Government or by a competent authority or official,
and which must be evidence in and of themselves.
For the intents and purposes of the second and following paragraphs
of Article 3 of the law, the title, which can be obtained in similar cases
with regard to property rights of which the law treats generically, shall
serve for the record of transfers or incumbrances relating to estates
the individual value of which does not exceed 300 pesos; and when the
question is of one or more heirs who are so pro indiviso and a partition is
not possible or necessary, in inheritances of less than 2,500 pesos, the
notarial instrument obtained in the manner prescribed by the article
above quoted may also serve as a title.
ART. 52. Documents executed in foreign countries can only be
recorded after they have been officially translated in the Translation
Bureau or by any other official who is competently authorized therefore.
Judgments rendered by foreign Courts can not be recorded until the
Supreme Court orders their execution, in accordance with the proper
provision contained in the Law of Civil Procedure.
RECORD-ITS METHOD AND ITS EFFECT.
ART. 53. By legal representative of a person interested in a record, for
the purpose of demanding it in accordance with the provisions con-
tained in Article 6 of the law, there is understood such person as is to
represent him in all legal acts, in accordance to law, such as the father
or the mother representing the child still under their authority, the
husband representing the wife, the guardian, and the agent, even if the
appointment of the latter is verbal or implied.
As agent shall be considered, for the purpose of presenting docu-
ments in the Registry and demanding a record, any person to whom
the interested party intrusts this commission.
ART. 54. When the person who requests said record does so in the
capacity of agent or representative of the person who, in accordance
with Article 6 of the law, has a right to demand the former, the name
of the principal shall be stated in the entry of presentation, and whether
the appointment be verbal or written.
ART. 55. The clerks, officials, and assistants of the Registry of prop-
erty can not present any document for entry in the Registry as repre-
sentatives of the interested persons.
ART. 56. Records shall be made by Registers within fifteen days
following the date of the presentation of the receipt showing that the
fees have been paid; and should none be due on the instrument, it shall
be so stated in the record, within the same period, computed from the
date of the entry of presentation.
If this period has elapsed without the entry having been made, the
interested party may complain to the Delegate and demand an investi-
gation of the Registry proving the delay, and entering claim against
the Register for any resulting damages.
The Delegate, in view thereof, shall order the entry made, and if the
Register does not prove that some important, unavoidable obstacle
existed which prevented it, he shall transmit a report to the Presi-
(lent of the Audiencia, so that the proper penalty may be imposed
AwT. 57. To insure the record in the case mentioned in Article 7 of
the law, the Notary, or the authority or official who issues or certifies
to the instrument in which the right of a third person is reserved,
shall forward the documents necessary to make said entry, directly to
The expenses incurred in the transmission of said documents shall be
defrayed by the parties to the instrument or contract, containing the
reservation of the right of a third person.
When the instrument or contract containing said reservation is cer-
tified abroad the Spanish diplomatic or consular agent shall forward
the document or documents to the Department of State, who shall
turn them over to the Colonial Departinent for the proper proceedings.
If the instrument or contract referred to in the preceding paragraph
is certified in any part of America, to be used in the Registries of
Cuba and Puerto Rico, or in any part of Asia or Oceanica, to be
recorded in the Philippines, the proper Spanish agent shall transmit
the document or documents to the proper Governor-General, who shall
forward them to the President of the Audiencia of the territory for
the necessary proceedings.
The Register, in view thereof, shall make the entry, if the instrument
or contract is not subject to a tax, according to the note made in the
instrument, proceeding for the collection of his fees in accordance with
the provisions contained in Article 336 of the law. If a tax is to be
charged, the Register shall make the entry of presentation, and shall
not make the record until payment for the former has been made.
When the instrument or contract refers to property located in the
territory of different Registries, the Register shall officially transmit
to the proper Registry the document to be recorded, after having made
in his own the entry of presentation advising the person interested to
this effect. The other Registers shall proceed in a similar manner, the
last one returning the document to the first.
The official transmission of the document which Notaries, Officials, or
Registers must make, according to the cases mentioned, shall be through
the representative of the Department of Public Prosecution, so that
the latter may make the proper presentation.
ART. 58. Registers shall be careful under their responsibility in
making the entry, or record, as the case may be, of the instruments or
contracts referred to in the preceding article, that an express mention
be made therein of the property right reserved, and of the persons to
whom the reservation is made.
ART. 59. To number the estates recorded in accordance with the
provisions contained in Article 8 of the law, the first one of which the
ownership is entered in the new Registries shall be designated by
Number 1, and with the following numbers in strict order of dates the
ones which are successively entered under the same conditions.
Said numeration shall always be made in figures.
ART. 60. When an estate designated with its proper number in the
Registry is subdivided, the part separated in favor of the new owner
shall be entered with a new number, a brief statement of this fact being
made in the margin of the old record with a reference to the new one.
When two estates are joined to make a single one, the latter shall
be recorded under a new number, a statement to this effect being made
in the margin of each one of the previous records relating to the owner-
ship of the estates which are joined. In the new record reference shall
also be made to said entries as well as to the incumbrances previously
existing on said joined estates.
ART. 61. The following shall be recorded under one number only,
should the interested parties so request, being considered as a single
estate in accordance with Article 8 of the law, and for the effects men-
First. Rural property known as estates, coffee plantations, sugar
plantations, meadows, farms, cattle farms, pastures, etc., which form
dependent or joined property, with one or more buildings and one or
several pieces of ground, wooded or not wooded, even if the latter are
not contiguous to each other, nor to the building, provided they belong
to the same series of estates and to one person only, or to several pro
indiviso, or even when they are subject to the same incumbrances or
property rights belonging to one or more persons, and composed of dif-
ferent lots or parts given in emphytensis. For the purposes of the
record, the direct ownership only shall be considered, even when sev-
eral persons collect rents or annuities of an estate in the capacity of
direct owners, provided said estate is not actually divided among them
for this purpose.
Second. All town estates and all buildings, even when certain parts,
rooms or floors, belong to different persons, whether in absolute or
Third. Any building or place of shelter situated outside of towns,
with all its dependencies and appurtenances, such as yards, covered
passages, pigeon houses, etc., even when it belongs to several owners
pro indiviso, is subject to incumbrances or property rights belonging
to one or more persons, and when it is divided into lots or parts given
Fourth. Contiguous parcels of land, belonging to one owner or to
several pro indiviso, even when they have no place of shelter'and have
not been conveyed in the same manner nor by the same person, and
came into the possession of the last grantee through different instru-
When the property right or incumbrance which affects all of the
estates united, referred to in No. 1, should be divided into fractions,
and the estates encumbered by each part are determined, the latter
may be recorded apart from the others, and under a separate number,
although all those which are affected by part of the incumbrance con-
stitute one group among themselves.
If any of the groups of estates which may be recorded under one
number, in accordance with the provisions of this article, should be
located within the limits of two or more municipalities, the portion
corresponding to each one shall be entered in its special Registry, a
statement being made at the end of the record that the estates affected
thereby, in conjunction with the others, whose numbers, folios and
volumes shall be cited, constitute (the estate, coffee plantation,
farm, etc.), with a statement of the name, should it have any, or other-
wise the general name by which said group is known.
ART. 62. Records relating to each estate shall be numbered in the
order in which they are made.
ART. 63. To indicate exactly the estates or rights which are the sub-
ject-matter of the records, Registers shall act in accordance with the
provisions contained in Article 9 of the law, subject to the following
First. The character of the estate shall be described, stating whether
it is rural or city, and the name by which such estates are known in the
province or town.
Second. The location of the rural estates shall be fixed by a statement
of the district, subdistrict, or any other name by which the place in
which they are located is known, their boundaries according to the four
cardinal points, the character of the contiguous estate, and any details
which will avoid its being confounded with others.
Third. The location of the city property shall be fixed by stating the
town in whfch it is located, the name of the street or place, the number,
should it have any, and if the latter is of a recent date, its former num-
ber shall also be stated; the number of the square, block, or quarter,
the name of the building, should it be known by any special one, the
bounds, and any other details which will serve to distinguish the
recorded estate from another.
Fourth. The superficial area shall be stated in the manner in which
it appears in the instrument and with the denominations employed
therein; but if said measurement does not appear in the instrument,
this fact shall be stated in the record.
Fifth. The character of the right recorded shall be indicated by the
name given thereto in the instrument, and if none has been given it,
none shall be expressed in the record.
Sixth. The value of the estate or right recorded shall be stated, if it
appears from the instrument, in the same manner it is stated therein,
either in money or in kind, or in any other manner. If said value has
been arrived at by appraisement for the payment of the taxes, or if a use
or annuity is in question which was capitalized for the payment thereof,
the amount taken as a basis for the fees shall be indicated in the
Seventh. To indicate the extent of and incumbrances on the right
which is to be recorded, a detailed and literal statement shall be made
of all which, according to the deed, limits said right and the privileges
of the grantee for another's benefit, whether it be a person determined
on or an undetermined one, as well as the time when the obligations
contracted will fall due, if those recorded are of this character.
Eighth. The liens on the estate or right which is affected by the
immediate or mediate entry may appear either from a previous record
or only from the instrument presented. In the former case their nature
and number shall be briefly stated, indicating what number each one
has, and the folio and liber of the Registry where they can be found.
In the latter case they shall be copied literally, giving notice that they
have not been recorded. If said liens appear from the instrument and
from the Registry also, but with some difference between the two, said
variance shall be noted.
Ninth. The names which must be stated in the record shall be
expressed as they appear in the instrument, the Register not being
permitted, even with the consent of the parties, to add or to omit any.
To the name shall be added the age, status (whether married or single),
profession, and domicile. Societies or public establishments shall be
designated by the name by which they are known, stating their domi-
cile at the same time, as well as that of the person who requests the
record in their name, if it is not a society known by its firm name only.
Tenth. Any record of instruments or contracts for which taxes are
due the State shall also indicate the amount thereof and the date and
number of the receipt.
Eleventh. At the end of any record or notice the Register shall state
the fees which were charged therefore.
ART. 64. In any record relating to estates of which the land belongs
to one person and the building or the plantings to another, this fact
shall be clearly stated.
ART. 65. Whenever any right previously created in realty, such as an
annuity (censo), mortgage, use, and other similar rights are recorded
for any reason whatsoever, there shall be stately the date of their crea-
tion, the name of the grantor, and the special incumbrances under
which they were created, as far as they appear from the instrument,
should they relate to a realty.
If these should appear from the original record of the right, subse-
quent ones shall only contain an indication thereof, with the proper
reference to said record. Should no prior record exist, this fact shall
ABT. 66. In records of mortgages the price at which the estate is
valued by the contracting parties shall be stated, as well as a renun-
ciation of any new appraisement or action brought for this purpose.
The time of the maturity of the obligation shall also be stated with
great precision and clearness.
Partial payments made by the debtor on account of-the principal or
interest of the loan shall be noted on the margins in the manner pre-
scribed by Article 181 of these Regulations, it being permissible to
prove them by a notarial instrument.
ART. 67. The assignment of a mortgage right or of any other prop-
erty right shall be shown by means of a new entry, which shall make
reference to the first one, citing its number and folio, names of the
assignor and the assignee, and the other details which appear in the
assignment, and which are common to all records.
ART. 68. In records of leases the price stipulated and the duration
of the contract shall be stated.
ART. 69. Railroad, canal, and other public works of a similar charac-
ter may be recorded at any time, presenting for this purpose the
instrument by which the definite concession of the work was granted,
be it a law, Royal Decree, or public instrument, presenting at the same
time the other documents fixing or modifying the rights allowed the
ART. 70. If the record treated of in the preceding article should be
made during the execution of the public work, additions or corrections
may be made, when said work or any of its sections is completed, by
virtue of the instrument setting forth the survey and the plan, or by
any other documents by which a change is made therein or in the
ART. 71. The record of the concessions treated of in Article 69 must
be made in the R 'gistry of property within the bounds of which is
located the beginning of the road or canal, a brief reference being
made to this original record in the other Registries whose territory is
crossed by the public work, in which, as well as in the corresponding
books of the proper municipalities, the length of the ground covered
shall be stated, and the conditions of the property rights which may
be of private interest in those districts, it being unnecessary in any
case to state the bounds of the contiguous estates or the prior record
of the land granted for the construction of the road or canal.
ART. 72. The stations, warehouses, dams, bridges, aqueducts, and
other works constituting an integral part of said road or canal, nec-
essary for its existence and operation, do not require a distinct and
special record, but shall be included in the general record or in the
special ones of the public work itself, stating in each Registry the
works located in the part of the line comprised within their jurisdiction.
But other buildings and constructions, such as orchards, gardens, for-
ests, plantings, and any other rural or city property, and property rights
arising out of railroads, canals, and other public works which are the
private property of the grantee companies, must be recorded specially
and separately in the proper Registry, with the details and conditions
required by law and by these Regulations.
ART. 73. The original record of the railroad, canal, or public work
must necessarily state whether the company to whom the concession
was granted is or is not authorized to issue mortgage bonds payable
to the bearer; and should it be so authorized, the amount of the prin-
cipal fixed therefore, which determines the scope and limits of the
powers of the company in this respect. If this authority is granted
after the record has been made in the Registry, it shall be entered by
means of a marginal note opposite the same, the Royal Decree author-
izing the issue of said obligations serving as a basis therefore.
ART. 74. After the description of an estate has been made in its
record of ownership it shall not be repeated in any other records or
entries made in the Registry relating thereto, provided the name, loca-
tion, superficial area, bounds, and other important details are stated in
the same manner in the instrument presented for this purpose; but the
number of the estate, of the record, and of the folio and liber of the
Registry in which said description may be found shall be cited, adding
any other details to complete it, and which appear from the instrument
When all the details are not indicated in the same manner, a state-
ment shall be made of only the ones at variance and a simple reference
made to the other ones.
ART. 75. Records of any kind shall be made in the following order:
First. Description of the estate the subject of record, or a reference
thereto if proper, according to the preceding article.
Second. A statement of the encumbrances, should there be any.
Third. Name and title of the person transferring the right or the
name of the corporation or legal person who is the last grantor thereof.
Fourth. A statement of the property right which it is desired to
record, and of the interest on which it is based, if the estate itself is
not alienated by the record.
Fifth. The name of the right transferred, and that of the person,
entity, corporation, or organization to whom it is transferred.
Sixth. An exact copy of the conditions imposed upon the grantee or
upon his successors which restrict the privileges of ownership in any
Seventh. A statement of the instrument presented to the Registry,
indicating the Court or the name and surname of the notary or official
who certified it, the place and date of its making and execution.
Eighth. The day and hour of its presentation to the Registry, citing
the number and folio of the entry of presentation.
Ninth. The amount paid for Royal taxes and the number of the
receipt, which shall remain in the possession of the Register, or a
statement that the instrument or contract is not subject to said tax.
Tenth. The conformity of the record with the documents to which it
refers, and a statement of the package in which those which must be
filed may be found.
Eleventh. Date of the record'rad tAigata-e of the Register.
Twelfth. Fees of the Register.
ART. 76. For the purposes of the fourth paragraph of Article 2 of
the law and Article 29 of these Regulations, the record of final judg-
ments declaring incapacity shall be made in accordance with the rules
of Article 9 of the law and 63 of these Regulations, applicable thereto,
and shall also contain the following details:
First. Name, surname, and residence of the complainant.
Second. Purpose of the complaint.
Third. The clause of the decision disposing of the question, indi-
cating the Court which issued it, its date, and its final disposition.
Fourth. Proof of the publication of the incapacity and designation
of the person who has been appointed to administer the affairs, if said
person should be named in the decree.
ART. 77. Registers shall consider, in accordance with the provisions
contained in Article 18 of the law, as legal errors in the documents or
instruments which it is desired to record, all those affecting the form
of the instruments, as well as the effectiveness of the obligations or
rights contained in the same, provided they appear from the text of
said documents or instruments or may be observed by a simple inspec-
Those which do not state, or state without sufficient clearness, any
of the details which according to the law the record must contain,
under pain of nullity, shall be considered as comprised in Article 18 of
ART. 78. The determination made by Registers, or, in a proper case,
by the President of the Audiencia, of the legality of the instruments
presented, of the capacity of the person executing them, or of the com-
petency of the Judges or Courts ordering the cancellations, according
to the provisions contained in Articles 18,100, and 101 of the law, shall
be limited for the purpose of refusing, suspending, or admitting the
record, and shall not prevent nor prejudice the suit which may be
instituted before the Courts with regard to the nullity of said instru-
ment, or the competency of said Judge or Court, unless a judgment in
cassation is rendered.
If the judgment rendered in said suit shows that the instrument was
incorrectly classified, or the capacity of the parties thereto or the com-
petency of the Judge or Court, the Register shall make the record or
shall cancel the one that has been made, as may be proper, the new
record bearing the date of the entry of presentation of the instrument
which gave rise to these interlocutory proceedings.
ART. 79. Registers shall not only refuse to record any instrument
which contains errors preventing it, making a cautionary notice thereof
or not, as may be proper, but also, if it appears from said instrument
that some crime has been committed, they shall give notice thereof to
the proper judicial authority, forwarding the document containing it.
ART. 80. Registers; cq -nobt th'dsetlves determine the legality of
documents of any kiiiid presented ,'t~'em.if they or their respective
I o I I ",
wives or relatives within the fourth degree of consanguinity or the sec-
ond of affinity have any interest in said documents. For this purpose
the notaries certifying them shall be considered as interested.
The legality of the documents referred to shall be determined under
their responsibility by the representative of'the Department of Public
Prosecution, or, in his absence, by a lawyer of the subdistrict, who
must be an adult, to either of whom, as may be proper, they shall be
transmitted by the Register, the former receiving the proper fees
according to the Schedule.
ART. 81. If the Register should not make the record demanded on
account of an error in the instrument, and the interested party
requests that a cautionary notice thereof be made instead, in accord-
ance with No. 8, Article 42 of the law, a marginal note shall be made
in the following terms:
The record (or cancellation) referred to in the adjoining entry is suspended, because
the instrument (or judicial mandate) presented (here the errors which have been
noted). And as this error may be corrected, I make a cautionary notice thereof in
volume of the municipality of folio estate No. (Date
If the error is one that can be corrected and the thirty days referred
to in Articles 17 and 19 of the law have elapsed without the cautionary
notice having been requested or the error corrected, a note at the
margin of the entry of presentation shall be made in the following
The adjoining entry, No. is cancelled, the document presented having con-
tained the error or the errors and thirty working days having elapsed
without having been corrected or a cautionary notice thereof having been requested.
(Date and surname.)
ART. 82. In compliance with the provisions contained in the last para-
graph of Article 66 of the law, and in the third paragraph of Article
246 of the same, if the interested person appeals from the determina-
tion of the Register, or if some consultation has been made regarding
the taxes, if the thirty working days have not elapsed from the date
of the presentation, a note shall be made at the margin of the entry of
the latter in the following terms:
The adjoining record remains in force until the objection entered or the consulta-
tion made has been decided. (Date and surname.)
If the determination made by the Register is definitely confirmed,
the decision shall be communicated.to him officially; and if within the
fifteen working days following the date on which the person interested
was notified of the decision the errors are not corrected, the Register
shall officially cancel it.
Should the error be corrected, or should it be decided that the record
should have been made, the Register shall do so if the instrument has
not been entered in the Registry, and if it has been noted, he shall
convert said entry into a record.
ART. 83. If the defect in the instrument is such that the Register
does not believe he should make a cautionary notice thereof in accord-
ance with Article 65 of the law, he shall make a marginal note in the
The record (cautionary notice or cancellation) to which the adjoining record
refers, is not admitted because the instrument presented (here the defects noted).
And as said error does not appear to be capable of correction, a cautionary notice
can not be made either. (Date and surname).
ART. 84. The assignee of any recorded right must enter the assign-
ment in his favor, provided it has been effected by any recordable
document. If the assignment has been made before the right is
recorded in favor of the assignor, the assignee may demand the record
in favor of the principal at the same time he requests his own.
Instruments of agreement and sale of crown lands shall be recorded
in the names of the assignees, without requiring a prior record in favor
of the State. The record of these instruments shall be obligatory, and
they must be presented for this purpose within the period of one year,
computed from the date of their execution.
ART. 85. Heirs and legatees can not record realty or property rights
in their favor which have not been recorded by the decedents. The
property or rights which come under this head shall be recorded in the
name of the deceased person before being entered in the name of the
person to whom they were awarded. This record shall be made at
the expense of the estate and at the request of any of the interested
parties or of the representative of the Department of Public Prosecu-
tion, if the heirship is vacant.
A prior record in favor of the principal shall not be necessary with
regard to real estate and property rights that he may have acquired
before the date on which the mortgage law went into operation, pro-
vided this is made to appear by the means indicated in Article 20 of
ART. 86. Whenever a record or cautionary notice of real estate, which.
on account of the death of a person, must pass to his heir or legatee, is
requested without a judicial decree having been issued, the instru-
ment proving the date of said death shall be presented and filed in the
ART. 87. Authenticated documents shall be considered for all the
purposes of the second paragraph of Article 21 of the law, lease con-
tracts of the last ten years, in which mention is made of the general
title; judicial proceedings of possession, survey, or demarcation; de-
crees of summary action for possession, or any other documents which
certify to and which expressly mention the property and their origin in
terms sufficiently explicit in the judgment of the Register, the proper
administrative appeal from his decision always being reserved.
ART. 88. Judges or Courts before whom an action is brought concern-
ing the nullity of an entry or record shall inform the proper Register of
The Register, on the same day he receives the notice from the Judge
or Court, shall make a marginal note against the entry or record in the
Suit against the nullity brought by N-- before the Inferior Court or Court
of Office of (Date and surname.)
ART. 89. If the exception to the nullity is refused, the Court or Judge
shall also communicate to the Register the decree in which it is refused,
so that he may cancel the marginal note which has been made, by
another contiguous one, stating:
The appeal of nullity indicated in the preceding note has been refused by a
decree of such date. (Date and surname.)
ART. 90. After the nullity of an entry or of a record has been
declared, the Judge or Court shall order it canceled and a new one
made in the manner prescribed by the law.
This new record shall be effective from the date it properly should
be, according to the respective cases.
ART. 91. The person who brings the action for ownership, referred
to in case No. 1 of Article 42 of the law, may at the same time or
subsequently request that a cautionary notice thereof be made, offering
to indemnify any damages which may be caused the defendant thereby,
should he win the suit.
The Judge or Court shall order the notice made, if it is proper, at the
time of beginning the action and within the period of three days if
said action is subsequently begun.
ART. 92. Cautionary notices shall be made by an attachment of
realty or property rights, ordered by a civil or criminal judgment, even
when the former is only cautionary, the following rules being observed:
First. If the ownership of the estates attached appears recorded in
the old or new books in favor of a person other than the one against
whom the attachment was ordered, entry of the notice shall be refused,
the provisions prescribed by the law and regulations for records refused
on account of errors which can not be corrected being observed. The
Registers in such case shall keep one of the copies of the judgment and
shall return the other, with a memorandum of the refusal, clearly stating
the reason therefore.
Second. If the ownership of the property attached is not recorded,
the notice of the attachment shall be suspended, and in its place a cau-
tionary notice shall be made of the suspension of the same, if said error
is capable of correction.
Third. The persons interested in attachments may demand that the
person who is considered the owner, or his representative in the pro-
ceedings, be required to correct the defect by having the omitted record
made; and should he refuse to do so, they may request that the Judge
or Court order it, if they have or can present the instrument requisite
for this purpose.
Fourth. When, by virtue of a final decree, the sale of the attached
property is ordered, the interested.persons may also, if the owner
refuses to have the record made, supply the lack of titles by the means
established by Title XIV of the law.
Fifth. The interested persons may request in the same manner, in a
proper case, that the attached property be sold at auction on the con-
dition that the buyer make the record which was omitted, before the
execution of the bill of sale, within a sufficient period to be fixed by
the Judge or Court, taking all steps for this purpose that the person
interested could have taken, in accordance with the provisions above
mentioned. The expenses and costs caused by the refusal of the owner
to make the record shall be defrayed by him.
ART. 93. Authorities who order the attachment of realty in admin-
istrative proceedings shall have cautionary notices thereof entered.
For this purpose they shall order a certificate in duplicate to be pre-
sented to the proper Register, comprising the writ of attachment and
other matters necessary for such entries, according to Article 72 of
ART. 94. When the purchaser of an estate or right belonging to the
State is declared a bankrupt, not having paid the price therefore within
the proper time, a cautionary notice of this declaration shall be made,
proceeding for this purpose in the manner prescribed in the preceding
ART. 95. The cautionary notice treated of in case number 3 of Arti-
cle 42 of the law can not be made until, in the execution of the judg-
ment, realty of the person against whom judgment is rendered is
ordered attached, in the manner prescribed for summary actions for
ART. 96. The cautionary notice treated of in case number 4 of Arti-
cle 42 of the law shall also be proper when some debtor is declared
insolvent or bankrupt, in accordance with the proceedings prescribed
by the Law of Procedure.
ART. 97. Any cautionary notices which can not be made excent in
accordance with a judicial decree, shall be made by virtue of the es-
entation in the Registry of the mandate of the Judge or Coo in
which shall be comprised literally the special order in which lipwas
decreed, its date, and the document or documents upon which said
notice is based.
The mandate shall always be issued by the Judge or Court within
whose territorial limits the Registry in which the cautionary entry is
to be made is located, to whom other Judges or Courts shall transmit
letters requisitorial to issue the mandates, when the Registry is not
located within their own jurisdiction.
ART. 98. Cautionary notices may be demanded by the persons inter-
ested therein, in accordance with the law and these regulations.
ART. 99. Cautionary notices shall be proper-
First. When they are directly and specifically demanded or ordered;
provided, that for this purpose a title deed, document, or mandate is
presented to the Registry which can produce it, in accordance with
Articles 19 and 42 of the law and other provisions of the same.
Second. When some record or marginal note is requested, which can
not be made on account of some error susceptible of correction, or any
other impediment insufficient to cause its refusal, if the interested per-
sons request that said cautionary notice be made while the error is
When a cautionary notice is ordered by a judicial mandate, which
can not be made for good reasons, compliance therewith shall be sus-
pended and a cautionary notice of the suspension shall be made.
All cautionary notices shall include the details stated in the follow-
The provisions of number 2 of this article, relating to marginal notes,
shall be construed as being applicable exclusively to those which are
not a necessary consequence of some record.
ART. 100. To make a cautionary notice of legacies by virtue of an
agreement between the parties, according to the provisions contained
in Article 56 of the law, a certified copy of the beginning, the ending,
and proper clause of the will shall be presented to the Register, with
a petition addressed to him, signed by the legatee and by the heir,
requesting that said notice be entered, and fixing by common consent
the property against which it is to be made.
When the notice is to be entered by virtue of a judicial mandate, the
certified copy mentioned in the preceding paragraph shall be presented
to the Registry, together with the mandate issued by the Judge or
Court, in accordance with the provisions of Article 57 of the law.
ART. 101. When the heir and the legatee request, by common con-
-sent, that a cautionary notice be made of some legacy, they shall state
in their petition the name, status (whether married or single), age, res-
idence, and date of the death of the principal, as well as the fact of no
testamentary proceedings having taken place, and that the inheritance
has been accepted by the heir.
If, in the latter case, the estate to be entered is not recorded in favor
of the testator, a request must be made for its record, the title being
presented to the Registry, should there be any, from which all the
other details, which must be embraced in the notice, shall be taken.
Should there be no title, the ownership or possession shall be recorded
by the means authorized by the law.
ART. 102. To serve the notice mentioned in Article 49 of the law on
the legatees, in due form, the heir shall appear with his petition before
the Judge or Court of competent jurisdiction, presenting a copy of the
will and an inventory of the realty. The Judge or Court shall then
order the notice served immediately, and after it has been served he
shall order that the original papers be turned over to the interested
person for such purposes as he may deem proper.
ART. 103. After thirty days have elapsed from the date of the
notice, without the legatees having exercised their rights, the heir
may request a record of the entire estate inherited, presenting to the
Registry, besides his title, the original papers mentioned. If the lega-
tees request that the notice be entered, the heir may also record the
property which is entered, and which has not been specially bequeathed,
but subject to the lien of said entry.
A record in this case, as well as in the case of all the legatees renounc-
ing their right of entry, must refer either to the instrument containing
the renunciation made by the legatees or to the notice, proceedings,
and their result.
ART. 104. According to the provisions contained in Article 59 of the
law, a cautionary notice in favor of agricultural creditors may be
demanded by virtue of a written private contract. For this purpose
the following shall be necessary:
First. That said contracts clearly state all details necessary to avoid
doubts and questions regarding their fulfillment, the entry of those
which are not compiled with the necessary clearness being refused.
Second. That all the persons interested in the entry appear in person
at the office of the Registry, the Register assuring himself of their
identity and of the authenticity of the signatures at the foot of said
Third. That if the estate which is to be the subject of the agricul-
tural loan is not recorded in the Registry as the property of the debtor,
it be recorded with the necessary formalities, the entry being other-
ART. 105. If the estate which is the subject of the agricultural loan
is not recorded in the name of the debtor, and it appears from the
instrument presented that it is subject to a property obligation, the
Register shall make the record, but shall suspend the entry of the
notice until the. proceedings prescribed in Article 61 of the law have
been instituted, or the proper agreement has been presented.
ART. 106. To institute the proceedings treated of in Article q$ of
the law, the debtor shall address a petition to the Judge ofFirst
Instance of the subdistrict in which the estate is located, station the
works which the latter requires, the approximate cost thereof, and the
actual value of said estate; and requesting that the persons who may.
have some property right in the realty be cited, so that they agree
thereto, or state what may be advisable for the protection of their
rights. This petition shall be accompanied by a certificate of the
appraisement made by experts, and by the documents wherein appear
the names and rights of the persons to be cited.
The Judge shall order the citation made with the formalities pre-
scribed in Articles 270,271,274, and 525 of the law of Civil Procedure
for Cuba and Puerto Rico, and Articles 254, 255, 258, and 509 of that for
If any of said persons is unidentified or is absent, his place of resi-
dence being unknown, the representative of the Department of Public
Prosecution must be cited.
ART. 107. The persons cited in accordance with the foregoing article
may agree to the demands of the owner, in which case the Judge shall
issue a decree authorizing the entry, or they may oppose them as to the
value at which the estate has been appraised, as well as the works
which it is desired to execute, if, as a result, their rights are not suffi-
ART. 108. The persons opposing the appraisement or the works shall
appoint an expert, who, together with the one appointed by the owner,
shall correct the appraisement or make a report on said works.
For the appointment of this expert, and to overcome the disagree-
ments which may occur, the rules established by Article 613 et seq. of
the law of Civil Procedure for Cuba and Puerto Rico, and Articles 597
et seq. of that for the Philippines, shall be observed.
ART. 109. After the report of the experts, if the opposition referred
to the appraisement, the Judge shall issue a decree authorizing the
entry and declaring the value of the estates which are the subject of
the agricultural loan. If the opposition referred to the works, the
Judge shall order the interested persons and the experts to appear
before him in an oral trial, for the purpose of securing an agreement
between the former. If no agreement can be reached, the Judge shall
close the proceedings and issue the proper decree, according to the
proofs, either prohibiting the agricultural loan, or authorizing it if it
appears from the report of the experts that, after the works have been
made, the rights of the persons opposing them shall be no less pro-
tected than they actually are, because of the lowering of the income of
the estate or its selling price.
ART. 110. To distinguish defects capable of correction from those
which are not, and to enter or not a cautionary notice by virtue thereof,
according to the provisions contained in Articles 65 and 66 of the law,
the Register shall consider the validity of the obligation entered into by
the instrument. If this should be null because of its character, condi-
tions, the capacity of the parties thereto, or other similar reason, inde-
pendent of its extrinsic form, the defect shall be considered as not
capable of correction. If the obligation is a valid one, taking into con-
sideration the circumstances mentioned, and the defect is only in the
external form of the document containing it, which can be amended or
re-execnted at the will of the persons interested in the record, the defect
shall be considered capable of correction.
ART. 111. In the cases of Article 19 of the law the interested per-
sons may reclaim the document and correct the defect within the thirty
days during which the effects of the entry of presentation continue,
and request the entry of a cautionary notice, which shall continue in
force during the time fixed by Article 96 of the law, or bring adminis-
trative proceedings against the Register. When the Treasury is inter-
ested it shall be represented by the Public Prosecutor in the absence
of the State Attorneys.
ART. 112. The administrative remedy referred to in the preceding
article shall lie in all cases in which the Register suspends or refuses
a record or entry, for any reason whatsoever. The interested persons
shall apply to the Judge of First Instance of the subdistrict, who
shall render a decision after hearing the Register. From this decision
an appeal may be taken to the President of the Audiencia within the
period of eight days, computed from the date of the notice, and, as a
last resort and within the same period, to the Registry and Notarial
Division of the Colonial Department.
ART. 113. If the object of the proceedings should be to demand the
record, they may only be instituted by the persons interested therein
or by their legitimate representatives, and in no case by the Notaries
who certified to the respective instruments, by virtue of this simple and
When the interested persons appeal, because the record was sus-
pended on account of defects in the manner of executing or drawing
the document subject to record, the Notary who certified to it shall be
given a hearing, in addition to the Register.
ART. 114. Without prejudice to the interested persons requesting
the record, should they desire to do so, the Notaries, in case of the
suspension or refusal of a record on account of defects in the instru-
ment, may, subject to the established procedure, institute the proper
administrative proceedings, which must be limited to a request for a
declaration that the document is executed in accordance with legal
formalities and prescriptions. A definite declaration that the docu-
ment is correctly executed shall be equivalent to ordering its record,
in view of which the interested person, without any further proceed-
ings, shall obtain the entry in a proper case.
ART. 115. Registers, Notaries, and interested persons may appeal
to the Division from the decisions rendered in administrative ajptemls
by the President of the proper Audiencia.
The period in which all appeals must be taken shall be eight days,
computed from the date of the notice of said decisions.
ART. 116. Independently of the administrative remedy mentioned in
the preceding article, the interested parties may institute proceedings
before the Courts to investigate and contend among themselves the
validity and consequent record of the instruments, as well as to the
nullity or validity of the obligation therein contained.
The Register, against whom no judicial action can be brought, shall
not take part in the suit instituted for this purpose by the interested
parties, in accordance with the provisions of the law, except when a
formal action is brought against him personally, to exact the civil
or criminal responsibility to which his actions may have given rise.
ART. 117. Administrative remedies instituted by the interested per-
sons against the determination of the instrument made by Registers,
or against the refusal of the latter to record or enter any document in
the Registry, shall be officially instituted and no fees charged therefore.
In the same manner any administrative proceedings brought by Nota-
ries, the object of which is to procure a declaration that the document
which has not been recorded on account of defects therein, has been
executed in accordance with legal prescriptions and formalities, shall
also be proceeded with officially and without charges, no matter what
the decision in the case may be.
ART. 118. When Registers, in accordance with the provisions con-
tained in the last paragraph of Article 19 of the law, suspend or refuse
a record, notice, or cancellation of documents issued by a judicial
authority, on account of defects therein, or on account of some legal
obstacle which appears in 'the Registry, they shall return said docu-
ments to the Court or Judge who authorized them, with the proper
communication, in which they shall state the legal provisions on which
their suspension or refusal of the record is based.
ART. 119. The communication of the Register, with the document
accompanying it, shall be annexed to the decrees which gave rise thereto.
If the defect is capable of correction, and the Judge or Court consider
the opposition of the Register well founded, they shall issue the orders
necessary to remove the obstacle preventing the proper definite record
from being made. Should they not consider it well founded, or that
the defect is incapable of correction, they shall refer them to the parties
within three days, and if minors, incapacitated persons, or the State
are interested in the record requested, or when the object thereof is to
secure the expenses in a criminal trial, they shall also refer them within
the same period to the Department of Public Prosecution.
ART. 120. The administrative remedy against the suspension or
refusal of Registers to record or enter in the Registry a document
issued by a judicial authority, must be brought before the President of
the Audiencia within whose jurisdiction the Registry is located. The
Department of Public Prosecution must necessarily, in the cases men-
tioned in the preceding article, institute the proper administrative
remedy, which shall be brought by the prosecuting attorney of the
Court or Tribunal which may have issued the document, with the
proper petition, to the President of the Audiencia, sent through the
Prosecuting Attorney of said Audiencia.
ART. 121. The President, after hearing the Judge or Court which
issued the document, and also hearing the Register, shall issue the
proper decree, which, besides being communicated to these officials,
shall be forwarded to the plaintiff.
ART. 122. From the decision of the President the Judges, Courts,
Registers, or plaintiffs may appeal to the Registry and Notarial Divi-
sion of the Colonial Department, within the period fixed for other
ART. 123. Registers must complain to the President of the proper
Audiencia with regard to any compulsion on the part of Judges or
Courts, who, in taking cognizance of any civil or criminal question,
force them to record or enter in the Registry any document, or to make
any entry in the books which said officials consider improper. The
President, in view of the complaint of the Register, shall request a
report of the Judge or Court who gave ground for it. After the report
has been concluded he shall hear the Prosecuting Attorney and shall
render the prop( r decision, observing the other proceedings mentioned
in the two precc. ng articles.
The Judge or Court of whom the President has requested a report,
shall stay all proceedings against the Register until the final decision
of the appeal, which he shall order complied with and executed.
ART. 124. Administrative proceedings brought by the Department
of Public Prosecution concerning the determination as to the legality
of a document made by Registers and complaints mentioned in the pre-
ceding article shall be officially instituted and without any fees being
ART. 125. Final decisions rendered by the Registry and Notarial
Division of the Colonial Department shall be published in the "Gaceta
de Madrid," and in that of the proper island.
ART. 126. Cautionary notices shall contain, according to the cases,
the following details:
First. A description of the estate which is the subject of the entry
in the Registry, or encumbered by the right which is to be recorded, in
the manner prescribed for records, to be taken either from the docu-
ment presented for the entry, or from any previous record of the estate
or right; but stating in the latter case the bounds, location, number,
area, or other special and important circumstances of the realty, if
they are not contained in the document.
Second. A statement of the liens on the estate, which, if they are
recorded, shall be shown by a mere reference to the number, folio, and
book containing them, and should they not be recorded, those which
appear in the instrument presented shall be mentioned.
Third. The name and surname of the owner of the estate or right of
which the entry treats, his status (whether married or single), age, place
of residence and profession, as well as his title, should they appear.
Fourth. If an entry is requested after the owner of an estate or right
of which it treats has died, and before it has been recorded in the name
of his successor to said estate or right, the date of the death shall be
stated, and also that of the will, should there be any, the name of the
Notary before whom it was executed, and that of the heir, or otherwise,
a statement that judicial proceedings have been instituted for the
declaration of heirship; and should the declaration have been made,
the names, surnames, and residence of the heirs, and date of the decree
by which they were so declared.
Fifth. If an entry of a suit for ownership is demanded, the date of
the order permitting the action shall be stated, the object of the same,
and the names of the plaintiff and defendant.
Sixth. If it should be made by virtue of a writ of attachment or of
sequestration, or in fulfillment of some decree, it shall so be stated, the
value of what it is desired to secure being mentioned, and the names
of the persons in whose favor the decree was issued, and of the person
against whom it was rendered.
Seventh. If it should be made by virtue of a decree declaring a per-
son in bankruptcy or insolvent, or temporarily prohibiting the aliena-
tion of certain property, the basis and object of said decree shall be
stated, and the name of the person who obtained it.
Eighth. If it should be made by virtue of a request to declare the
civil incapacity of some person, the classification given to said person
shall be stated, the kind of incapacity, a declaration of which is
requested, the date of the writ of admission of the claim, and the name
of the plaintiff.
Ninth. Should the entry be one of a legacy, its class shall be
determined, as well as its value and conditions, and that the inherit-
ance has been accepted by the heir without recourse to testamentary
proceedings, that no partition' of property has taken place, whether
the one hundred and eighty days allowed by law to make the presen-
tation of the request for the entry have elapsed or not, and whether
the entry is made either by virtue of a judicial decree or by mutual
understanding between the legatee and the heir.
Tenth. If the entry refers to some agricultural credit, the kind of
works which it is intended to construct shall be briefly stated, the
contract made for this purpose and its conditions, a statement that the
estate has no incumbrances, or, should it have any, the value at which
the estate has been appraised in its actual condition, with a citation of
the persons interested in said liens, and if this was done by a public
instrument and on what date, or by virtue of judicial proceedings, with
a statement of the judgment rendered in the same.
Eleventh. A statement of the creation of the cautionary notice in
the name of the person who has obtained it.
Twelfth. A statement of the document by virtue of which the entry
was made, its date, and, if it is a judicial mandate, the name and place
of residence of the Judge or Court which issued it, that of the Secre-
tary or Olerk certifying it, and the number under which one of the
duplicates of the mandate has been filed in the Registry.
Thirteenth. If the instrument is private, the Register shall also state
that the parties appeared before him personally or through an attorney,
certifying that he knows them, and that the signatures at the foot of
the petition presented to him are authentic; and should the Register
not be acquainted with the interested parties or their attorneys, the
petition requesting the entry shall be signed, together with said persons,
by two witnesses, who shall take part in the proceedings and certify as
to the correctness of the signatures of the parties.
Fourteenth. A statement of the date, book, folio, and number of the
entry of presentation of the document in the Registry.
Fifteenth. That the entry conforms with the documents to which it
refers; date, signature, and fees.
ART. 127. If a marginal note has been requested which is not a nec-
essary consequence of a record or entry, and it can not be made on
account of some defect in the instrument, a cautionary marginal note
shall be made, if it should be requested, stating what it is desired to
prove by the document presented, and the reason for the suspension,
in the following manner:
The pesos deferred payment of the price for which A bought of B the
house of this number, as appears from the adjoining record, appear to have been
paid according to a receipt signed by A in favor of B on the day of ,
before Notary C ---, the original copy of which has been presented in this Reg-
istry on the day of at o'clock, in accordance with entry of presenta-
tion number --, folio -, of liber -, of the Day Book.
But as said copy has the defect of I suspend the entry of the record of pay-
ment and return the instrument so that the parties may correct the error, if they
can do so, within the legal period, making this cautionary note in the meantime at
the verbal request of A. (Date, surname, and fees.)
ART. 128. If a record of cancellation-is requested, and it can not be
made on account of some defect capable of correction, a record analo-
gous to that of the cancellation requested shall be made, stating what
record appears to be canceled; the names of the persons in whose favor
the record is made, and of the persons interested in having the cancel-
lation thereof made; the manner in'which the right may have been
extinguished, the date of the document, the official who certified to it,
its presentation, the defect which it contains, the period within which
to correct it; that the entry is made at the verbal request of the inter-
ested person; date, signature, and fees.
ART. 129. All cautionary notices made on account of the suspension
of the requested records shall be made in the same manner as the said
records, with the following changes only:
First. Instead of a record, it shall be stated that it is a cautionary
Second. After stating the conformity of the entry with the documents
to which it refers, there shall be added:
Having noticed the defect of or the defects (stating all defects which may
be noted), I suspend the record requested and I return the instrument so that within
the period of the parties may correct the defects mentioned, should they be
able to do so, making this cautionary notice in the meantime at the verbal request
of the person interested. (Date, signature, and fees.)
ART. 130. When a cautionary notice is ordered to be made by a man-
date, and it can not be effected for some good reason, it shall be made
in the same manner as the decreed notice would have been, with the
only difference that, instead of making the entry, a statement shall be
entered to the effect that the entry of the notice has been ordered.
After the conformity has been stated, mention shall be made of the
defect found, that the notice ordered is suspended, and that an entry of
suspension is made.
To permit the entries of suspension to be made, the verbal request
of any interested person shall not'be necessary when the question is
of attachments for criminal causes, or when the State is interested
CANCELLATION OF THE RECORD AND ENTRY OF CAUTIONARY
ART. 131. Realty which is the subject of a record shall be considered
as extinguished for the intents and purposes of No. 1 of Article 79 of
the law, if it disappears completely on account of natural accident,
ordinary or extraordinary, such as the force of rivers, change of their
beds, ruin of the buildings erected on ground belonging to another
person, or other similar events.
ART. 132. A recorded property right shall be considered as extin-
guished for the intents and purposes of No. 2 of said Article 79:
First. When the recorded property right in realty no longer exists,
either on account of the renunciation of the person in whose favor it
stands, or by mutual agreement between the interested persons, as
would happen if the owner of a dominant estate renounce his servi-
tude, or a creditor his mortgage, or if a grantee of an annuity (censo)
should agree with the grantor of an annuity (censo) to free one estate
from the annuity (censo) to place it on another.
Second. Also when some recorded property right ceases to exist
either by operation of law, as in the case of a legal mortgage when the
reason therefore ceases, or by the natural operation of a contract which
gave rise to the record, as in the case of a mortgage when the mort-
gagor pays his debt, in annuities (censos) when the person paying
them redeems the same, in leases when their term has expired, and in
other analogous cases.
Third. When the judicial sale of an estate has taken place, and the
first mortgagee having been paid from the proceeds, no balance remains
to be applied to the payment of subsequently recorded creditors, in
accordance with the provisions contained in Article 125 of the law.
ART. 133. Cancellations which are made because some instruments
have been declared null, shall be effective without prejudice to the
provisions contained in Article 34 of the law.
ART. 134. The realty which is the object of the record shall be under-
stood as reduced for the intents and purposes of No. 1 of Article 80 of
the law, whenever its extension or proportions are actually diminished,
either naturally, such as by the accidents mentioned in Article 131, or
by the will of the owner, as when the latter divides his estate, alien-
ating a part thereof.
ART. 135. The recorded right of the owner of the encumbered estate
shall be considered diminished for the intents and purposes of No. 2 of
said Article 80:
First. When the amount of said right is diminished by the renun-
ciation of the interested person, or by agreement between the parties,
as when the mortgagee consents to reduce his mortgage to a part of
the mortgaged realty, or if the beneficiary renounces a part of the
estate subject to a use, or if the grantee of the annuity (censo) limits
the annuity (censo) to a part of the estate encumbered thereby.
Second. When the amount of the right recorded is diminished by
the natural operation of the contract which is the subject of the record,
as happens when the mortgagor pays a part of his debt, making it
appear in due form, or when the person paying the annuity (censo)
redeems a part of the principal thereof, or when, in a use for life created
for two or more lives, one of the beneficiaries dies.
Third. When the amount of the right is diminished by virtue of a
judicial decree, as happens whenever a specific part of the instrument,
by virtue of which the record was made, is nullified.
ART. 136. The same instrument by virtue of which the record of an
obligation was made shall be a sufficient document to cancel it, if it
appears therefrom, or from any other document which is prima facie
evidence, that said obligation has ceased to exist or has been extin-
A new instrument for a cancellation shall only be necessary, in accord-
ance with the first paragraph of Article 82 of the law, when, the obliga-
tion having been extinguished by the will of the interested persons,
this circumstance must be proved to permit of the cancellation of the
ART. 137. By virtue of the provisions contained in the second para-
graph of Article 82 of the law, cancellation of records, the existence of
which are not subject to the will of the persons interested therein, shall
be made in accordance with the following rules:
First. The record of a mortgage on a right of use shall be canceled
at the instance of the owner of the real estate, by the simple presenta-
tion of the document, which is prima facie evidence of the termination
of said use by an act against the will of the beneficiary.
Second. When, by virtue of the preference mentioned in No. 4 of
Article 107 of the law, in favor of the first mortgage creditor, the
encumbered estate or right is judicially alienated, the records of debts
in favor of second or subsequent creditors shall be canceled at the
instance of the person who becomes the owner of the encumbered
realty or right, by the simple presentation of a mandate ordering the
cancellation, which should contain a statement that the selling price
was not sufficient to cover the debt of the first, or that the balance,
should there have been any, was used for the benefit of subsequent
Third. Records of mortgages created on works, the operation of which
is granted by the Government, and to which reference is made in num-
ber 6 of Article 107 above mentioned, shall be canceled, if the right of
the owner of the concession is declared extinguished, by virtue of the
same instrument from which the fact appears, and of the document
which shows that the amount of the indemnity which the owner of the
concession is to receive, in a proper case, to apply to the payment of
recorded mortgages, is stated in due form.
Fourth. The record of submortgages treated of in number 8 of Arti-
cle 107 of the law, created without the formalities established by Article
152 of said law for the assignment of mortgage credits, and those of
this class embraced in Article 154, may be canceled by virtue of the
instrument fixing the right of the submortgagor or assignor.
Fifth. Records of mortgages created on property in litigation, men-
tioned in number 10 of saij Article 107, may be canceled with regard
to the whole or a part of the estate or right by the mere presentation of
the decree issued, if the mortgagor has lost the suit.
Sixth. Records of sales of property subject to conditions subsequent,
or involving rescission, and records of the creation of property rights
to the same property, may be canceled if the reason for the rescission
or nullity is recorded, by the presentation of the document proving that
the former has been rescinded or annulled and that the value of the
property or the amount of the installments which must be returned with
any proper deductions have been deposited in the Public Depository
(Caja de Dep6sitos) or in any other similar public institution estab-
lished for this purpose.
The provisions contained in this article are to be understood without
prejudice to the privilege of the interested persons to bring any pro-
ceedings before the Courts, which they may consider of assistance to
ART. 138. In order that the purchasers of public lands, after all the
payments thereon have been liquidated, may cancel the mortgages cre-
ated on the estates, to secure the purchase price, they shall request a
certificate of their total solvency from the proper office of the Interior
Department, showing the receipts and bills of sale for this purpose.
After the receipts have been compared with the proper books, a cer-
tificate shall immediately be issued describing the estates and stating
that all payments have been made, together with the day on which
each one was paid into the Treasury.
In the certificate mentioned there shall also be clearly and definitely
stated that, in the name of the State, the proper Chief of the Interior
Department consents to the cancellation of the mortgage which existed.
on the estate until its entire solvency from the responsibilities contracted
by the purchaser.
The certificate shall be delivered to the purchaser without delay, the
receipts and the instruments being returned to him at once, after a
memorandum has been made on the latter stating that the certificate
had been issued, and also its contents.
ART. 139. Registers shall not cancel any record of a legal mortgage
made by a mandate of a Judge or Court, except by virtue of another
Judges or Courts shall not order said cancellations until the extinc-
tion of the responsibility secured by the mortgage has been proven to
them, or the fulfillment of the formalities which may be necessary in
accordance with the law, according to the cases, to alienate, encumber,
or release mortgaged realty.
If a legal mortgage has been recorded without a judicial mandate, the
Register shall not cancel or make any other entry by virtue of which it
would be legally canceled, unless the public instrument presented for
this purpose shows that the formalities mentioned in the preceding
paragraph have been complied with.
ART. 140. Cancellations of cautionary notices shall be proper:
First. When, by virtue of a final decree, against which no appeal in
cassation has been brought, the defendant is released from the claim
to ownership, which had been entered in accordance with the first para-
graph of Article 42 of the law.
Second. When the plaintiff abandons the suit or withdraws there-
from by presenting to the Register a decree showing that either of
these steps has been taken.
Third. When in the summary action for possession, or criminal or
compulsory proceeding, the attachment is ordered to be set aside, or
the estate entered is conveyed or awarded in payment.
Fourth. When the sequestration, or the prohibition to convey, is
Fifth. When the action brought for the purpose of obtaining any of
the decrees mentioned in number 4 of Article 2 of the law, has been
Sixth. When a declaration of insolvency or bankruptcy is refused or
Seventh. With regard to the use by virtue of widowhood, when the
widowed spouse makes the right effective in any of the forms estab-
lished by Article 838 of the Civil Code.
Eighth. When a legatee collects his legacy.
Ninth. When an agricultural creditor has been paid.
Tenth. When a notice is converted into a definite record in favor of
the same person in whose name it had been created, or his legal
Eleventh. When the notice becomes ineffective by,virtue of the
expiration of the period mentioned in Articles 86,92, and 96 of the law.
Twelfth. When the person in whose favor the entry has been created
renounces his right, should he have the legal capacity to do so.
ART. 141. The renunciation treated of in the last paragraph of the
preceding article shall be made by virtue of a public instrument, if the
obligation recorded or entered which it is desired to cancel has been
created in a similar manner. If the record or entry has been created
by virtue of a judicial decree, the renunciation must be made by a peti-
tion in writing, addressed to, and ratified before the same Judge or Court
which issued the decree.
If it is desired to cancel a cautionary notice created by virtue of a
petition addressed to the Register by the persons interested or by their
legal representatives, it shall be sufficient that they present another to
him, setting forth their renunciation, and requesting the cancellation.
In such cases the Register shall require that the renunciation be ratified
in his presence, and shall assure himself as to the identity of the person
and as to his capacity to exercise the right in question.
ART. 142. A cautionary notice may be converted into a record when
the person in whose favor it has been created definitely acquires the
This conversion shall take place by means of a record referring to
the entry itself, stating:
First. The date, folio, and letter of the cautionary notice.
Second. Its reason and object..
Third. The manner in which the right entered was acquired and the
name of the person in whose name the entry was made.
Fourth. The details necessary for records, prescribed by numbers 3,6,
7, and 8 of Article 9 of the law.
ART. 143. When a third person acquires the right entered in such
manner that the latter is thereby legally extinguished, the record must
be made in the name of the grantee, if it is proper, in the same manner
as other entries, but stating the reason therein, and also that the
cautionary notice is thereby canceled.
After the cancellation has been made, it shall be so stated by a note
in the margin of the canceled entry.
ART. 144. If after an estate has been alienated, or an annuity (censo)
has been redeemed, and the corresponding instrument executed, the
sale or redemption is rescinded or annulled by an administrative deci-
sion, the public administration shall be requested to demand that a
cautionary notice of this decision be made, presenting a certificate
thereof in duplicate, which must also state the conditions necessary
for an entry, according to Article 72 of the law.
If the period has elapsed within which, according to the provisions
in force, the person interested may bring an action against these deci-
sions by means of administrative actions, without his doing so, the
Director of the branch having jurisdiction of the estate or right, shall
procure the record of ownership in favor of the State or of the corpo-
ration to which it belongs, if it is to remain for amortization; and
the cancellation of the record of the annulled contract only when said
estate or right is to be alienated in accordance with law.
A legacy shall be considered as demandable, for the intents and
purposes of number 7 of Article 42 of the law, when its immediate pay-
ment or delivery can be legally sued for, either because the time has
elapsed, or the conditions to which it was subject have been complied
with, or because there exists no legal obstacle preventing or delaying
said payment or delivery.
Legacies consisting of annuities (censos) or periodical incomes, shall
be considered as demandable from the time an action can be brought
for the collection of the first annuity (censo) or income.
ART. 146. The mortgage treated of in Articles 88, 89, and 90 of the
law, must be created by the proper partition against the person to
whom the realty encumbered by the annuity has been awarded, and
in default thereof, in the public instrument executed by the grantee of
the annuity and the encumbered legatee or heir; or, should the latter
not come to an agreement as to the manner of creating said obligation,
by virtue of a decree.
When a testamentary action has been brought, this question shall
be proceeded with and decided as an interlocutory matter. When
such action has not been instituted, the question shall be decided in a
ART. 147. Registers shall officially cancel entries made on account of
the suspension of judicial mandates as soon as they become extinct,
because the time fixed in Article 96 of the law for the duration of these
entries has elapsed.
For the extension of the time of the entry in the case mentioned in
Article 96 of the law, the interested person shall present a petition to
the Judge or Court, stating the reason why he was not able to cor-
rect the defect which caused the suspension of the record, and accom-
panying thereto the written proofs justifying his right. The Judge or
Court shall give a copy of the petition to the other interested person,
and, if the latter should not agree to it, he shall hold an oral trial in
accordance with the provisions prescribed in Article 57 of the law.
If the Judge or Court consider the defect as capable of correction,
and the reason adduced by the plaintiff be duly proved, he shall order
such extension; otherwise refusing it.
The extension shall be entered in the Registry by means of a new
notice. In order that it may be effective, it is necessary that the
mandate ordering it be presented in the Registry before the first period
of sixty days has elapsed.
ART. 148. The provisions contained in Article 77, regarding the
determination made by Registers as to the legality of instruments, by
virtue of which the records are demanded, shall also be applicable to
the determination made by them of instruments by virtue of which
cancellations are to be made, in accordance with the provisions con.
trained in Article 100 of the law.
ABT. 149. When a Register suspends the cancellation of a record or
of an entry, either because he has determined the document presented
for this purpose as insufficient, or because he is in doubt as to the com-
petency of the Judge or Court which has ordered it, in accordance with
the provisions contained in Articles 100 and 101 of the law, he shall
enter this circumstance by means of a cautionary notice, if it is
requested, in which shall be stated the record or cancellation requested,
the document presented for this purpose, its date, the date of its pre-
sentation, and the reason for the suspension.
ART. 150. The notice mentioned in the preceding Article shall be
officially canceled by the Register:
First. In the case of Article 100 of the law, sixty days after its date,
if the defect contained in the document which caused the entry of the
notice has not been corrected before then.
Second. In the case of Article 101 of the same law, when the incom-
petency of the Judge or Court ordering the cancellation is declared by
final judgment, if within the thirty days following the date of said
declaration no decree from a competent Judge or Court is presented in
the Registry, by which said cancellation is ordered.
ART. 151. Whenever the suspended cancellation is made before the
cancellation of the entry of suspension, the cancellation shall be effect-
ive from the date of said suspension.
The cancellation in the latter case shall make special reference to the
ART. 152. When a Register suspends a cancellation because he is in
doubt as to the competency of the Judge or Court which ordered it, he
shall give notice thereof in writing to the person interested, so that,
should he desire to do so, he may appear before the President of the
Audiencia within the period of ten days, presenting the document by
virtue of which said cancellation has been requested.
ART. 153. Should the President deem any other data from the Reg-
ister necessary to make a decision, he shall request it of said Register,
and shall decide what is proper without further proceedings.
The decision rendered shall be communicated to the Register by
means of the proper order, and the person interested shall be notified
in the usual manner.
ART. 154. When the interested persons or the Judges appeal to the
Audiencia from the decision of the President, the Government Division
thereof shall take cognizance of the question, hearing the plaintiff in
writing once only, after receiving a report from the Register, and
requesting that the documents it may consider necessary, be furnished.
ART. 155. When the cancellation is a partial one, it shall clearly
indicate the part of the right extinguished, the part of the estate
remaining, as well as the reason for its reduction.
ART. 156. When an entry is canceled, so that the right entered may
be merged in the ownership of the person who had previously recorded
it in his favor in an unencumbered condition, a statement of this fact
shall be made in the cancellation.
ART. 157. The cancellation shall be entered in the proper book and
place, according to its date, and shall state:
First. The number of the record canceled.
Second. The document by virtue of which the cancellation was made,
stating, if it is an instrument, the names of the parties thereto, that of
the Notary before whom it was executed, and its date; if it is a written
petition, the names of the signers, the date, the fact that said signatures
have been ratified in the presence of the Register, a clause stating that
said persons are personally known, and that, according to the Registry,
none of them has lost the right accorded him the by canceled record; if
it is a judicial decree, the name of the Judge or Court which issued it,
its date, and the name of the Secretary who certified it.
Third. The day and hour of the presentation of the instrument,
petition, mandate, or judicial order by virtue of which the cancella-
tion is made in the Registry, with a reference to the proper entry of
Fourth. A statement to the effect that the document presented hlts
been filed in the proper package.
Fifth. The date of the cancellation.
Sixth. The signature of the Register.
When an instrument of cancellation is to be recorded in several Reg-
istries, the original shall be presented in all of them, and at the foot
thereof the Registers, in their proper order, shall make the necessary
The interested person, in presenting the instrument to each Registry,
shall accompany thereto an ordinary copy of the same, executed on
common paper, which shall be compared by the Register, and if it is a
true copy, he shall state at the foot thereof, In conformity with the
original presented, then the date, and under the latter the person pre-
senting the document shall sign, or a witness, if the latter should not
be able to do so, said copy being filed.
ART. 158. Of all cancellations made, the Register shall make a note
at the margin of the record or entry canceled, worded in the following
The adjoining record (or entry) is canceled, number -, in volume of this
Registry, folio entry number -. (Date and surname of the Register.)
ART. 159. Whenever there is litigation concerning the inefficiency
of some cancellation, the provisions regarding records mentioned in
Articles 88 and 89 of these regulations shall be observed.
A note of the suit brought concerning the inefficiency shall be placed
in the margin of the cancellation involved and in that of the other
entries in which reference to said cancellation was made.
MORTGAGES IN GENERAL.
ART. 160. Recorded mortgages shall be strictly charges on realty,
the mortgage debts being collectible no matter what subsequent inter-
est has been acquired on the same mortgaged property.
ART. 161. As, according to number 5 of Article 111 of the law, there
are considered as mortgaged the indemnities allowed or due the owner
of the mortgaged property for the insurance of the latter or of the
crops, or on account of the condemnation of the lands or buildings,
woodlands or other things situated on the same, if said indemnities are
paid before the mortgage falls due, their amount shall be deposited in
the manner agreed to between the persons interested; and should they
not come to an agreement, in the public institution designated by the
Judge or Court, until the obligation is canceled.
ART. 162. The owner of the accessions and improvements which are
not considered mortgaged, according to the first paragraph of Article
112 of the law, who chooses to collect the amount, according to Article
113, in case the estate is alienated, shall be paid in full from the pro-
ceeds of the sale thereof, even though the balance is not sufficient to
pay the mortgage debt. But if the accessions or improvements may
be separated without damage to the estate, and the owner choose, how-
ever, not to take them away, they shall be alienated apart from the
estate, and only the price thereof shall be turned over to said owner.
ART. 163. In the case of a sale mentioned in the second paragraph
of Article 112 of the law, the instrument executed for this purpose
shall state as precisely as possible that the part of the land sold does
not contain any machine, chattel, object, or construction of any kind
whatsoever, also briefly mentioning the prior encumbrances on the
estate and on said part of the land. In the proper record in the Regis-
try of the new estate formed by this part of the land, express mention
shall be made of these statements in the instrument, the Register refus-
ing said record if it appears from a prior one that the statements made
The error shall not be capable of correction if, according to the infor-
mation contained in the Registry, the land sold contains any of the
additions mentioned in the second paragraph of Article 112 of the law.
The record of the sale shall be communicated to prior mortgagees,
in the manner prescribed in Article 167 of these regulations, so that
within the period of thirty days, which can not be extended, they may
question the correctness of the facts recited in the proper action.
ART. 164. Registers shall not record any mortgage on various prop-
erties subject to the same obligation, unless by agreement between the
parties, or by virtue of a judicial decree, in a proper case, the amount
is previously fixed for which each estate is to be liable.
The parties may agree to the distribution mentioned in the preceding
article, in the same instrument which should be recorded, or in any
other public instrument or petition directed to the Register, and signed
or ratified before him, by the interested persons.
The record in these cases shall be made in the manner prescribed by
article 252 of these regulations.
ART. 165. The provisions contained in the preceding article shall
not be applicable to cautionary notices except when they are converted
into definite mortgage records and encumber various properties.
The cautionary notice of various estates shall be entered in the
special Registry for each estate, stating also the amount of the debt or
obligation for which said estate is liable.
ART. 166. When the mortgaged estate deteriorates, the value dimin-
ishing through the imposition, fault, or will of the owner, the mortgagee
may request the Judge of the subdistrict in which said estate is situ-
ated to admit the proofs of these facts; and if their correctness is
proven, and the fear that the mortgage is insufficient shall appear well
founded, a decree shall be issued ordering the owner to do or not to
do what shall appear necessary in order to avoid or remedy the
If afterwards the owner should insist in abusing his right, the Judge
shall issue another decree placing the property under judicial admin-
ART. 167. Whenever Registers, in compliance with the provisions
contained in Article 125 of the law, cancel any debts subsequent to
the first, because the sale or award of the property in payment of the
debt has taken place, he shall communicate the fact of the cancellation
and the reasons therefore to the persons who may have the other
recorded debts in their favor, so that they may make use of the rights
against the debtor, mentioned in the last paragraph of Article 125 of
Said notice shall be made by means of an official document (cedula),
charging therefore the fees contained in the judicial schedules of fees
for Clerks of Courts of First Instance in the preparation of adminis-
trative documents, if the owners of the debts or their legal representa-
tives reside within the jurisdiction of the Registry.
Should they reside outside of said jurisdiction, or should their resi-
dence be unknown, the proper announcement of the notice shall be
posted in the Registry, said notice being considered served after sixty
days have elapsed.
ART. 168. If a mortgage debt or its interest has fallen due, in whole
or in part, the proceedings for its collection, in so far as they are directed
against the property encumbered by the mortgage only, shall be subject
to the provisions contained in Article 128 of the law and the following
articles and those of these regulations, complemented in the manner
prescribed therein by the law of Civil Procedure for Cuba, Puerto Rico,
and the Philippines, respectively.
ART. 169. The following must be presented with the first document
drawn in the proceedings:
First. The proofs of the identity of the person, including those which
show the appointment of the solicitor (procurador), when the creditor
himself personally, or his legal representative, does not take part
Second. The instrument or instruments of the credit, with a memo-
randum of their record, and with the formalities required by the law
of Civil Procedure for authorizing a writ of execution.
Third. A certificate of the Register of property, of a date subsequent
to that on which the obligation fell due, declaring that the mortgage
does not appear canceled, nor that its cancellation is imminent accord-
ing to the Day Book. This certificate should also contain a literal copy
of the records of any other annuities (censos), mortgages, and other
incumbrances affecting the mortgaged estates as well as of the trans-
fer of said estates to third persons.
This certificate can not date back more than fifteen days before the
institution of the proceedings.
The document referred to in this article, which shall be always
authorized by the signature of a lawyer, shall detail the facts and legal
reasons, showing that the debt was incurred and exists, and that it is
recoverable, and also the competency of the Court; it shall expressly
state the exact amounts collected by way of interest, or on account of
the principal of the debt, stating also the net amount of the claim,
which, by the mere act of instituting the proceedings, the creditor will
contract, making himself liable to indemnjfy any loss or damage
caused the debtor or third persons interested therein, by malice or
negligence in the true statement of facts and of the circumstances,
which the Judge has to take into consideration to authorize the pro-
ceedings and to continue them.
ART. 170. The Judge shall examine the petition and the documents
upon which it is based, and should he consider the legal requisites com-
plied with, he shall issue a decree without further proceedings, sum-
moning the persons who, according to the certificate of the Register,
are in possession of the mortgaged property, whether it is in the hands
of the debtor, or whether it has been transferred to a third person in
whole or in part, so that within thirty days they may make the pay-
ment of the sum sued for, with costs, should the latter be also guaran-
teed by the mortgage; otherwise there shall be a public sale of the
Should the Judge consider that said requisites have not been com-
plied with, he shall also refuse the demand requested by means of a
decree, which in this case shall be appealable for review and also to
The Judge of competent jurisdiction shall be the Judge of the place
in which all the property mortgaged is situated, no change of venue
being admissible. When the mortgaged property is located within
different judicial districts, the Judge of competent jurisdiction shall be
the one to whom the matter shall be expressly submitted, as provided
by the instrument, and in default of said provision the Judge of the
place in which the realty having the greatest value is located, or any
of the estates of the greatest value, should two or more have an equal
value according to the instrument. If the latter has been recorded
before the law went into operation, and it does not state the value of
the estates, the amount of the mortgage obligation distributed among
them shall be taken into consideration.
ART. 171. When all the mortgaged property is in the hands of one
owner only, according to the certificate of the Register, the formal
demand for payment shall be served on the owner at his domicile,
should he live in the municipal district where any of said property is
situated. The same procedure shall be observed with regard to each
owner of different properties, should there be several. If any of those
on whom the demand for payment is to be served does not reside within
the municipal district where some of the property is located, the
demand shall be served on the person in charge of the estate in any
legal capacity, so that he may communicate it to the owner without
delay. If the estate should be abandoned, so that nobody is in charge
thereof, the demand shall be served on the administrative municipal
official of the town, with the same request that it be communicated to
When the ownership of some mortgaged realty is divided, because
the title or direct ownership is vested in one person and the use or
some interest in the estate in another, for the purpose of the demand,
the person in charge of the estate or the person who represents him
shall be considered the owner in the name of all.
If any person from whom payment is to be demanded figures in the
certificate of the Register as owner of several mortgaged estates, and the
demand is to be served on the person in charge, or on the municipal authof-
ity, the estate which, among those possessed by the same person, appears
to have the highest value according to the petition shall be taken into
consideration, or any of those which, being equal in value, exceed the
value of the rest. In default of any valuation the amount of the mort-
gage obligation shall be taken into consideration.
When the formal demand for payment is not served at the domicile
of the person from whom payment is due, nor served on his attorney
in fact, or on the lessee who has charge of the estate, it shall also
be made public by means of edicts which shall be published in the
"Gaceta" of the proper island, and in such cases the period of thirty
days shall be computed from the date of publication in said official
If the domiciles of the persons interested in the obligations which
have been recorded subsequently to the interest of the claimant appear
in the certificate of the Register of Property, the Judge shall order, at
the time of the formal demand for payment, that the notice thereof be
served on said interested persons at their domiciles, if they are to be
ART. 172. After the period of the demand for payment has expired
and the debtor has not paid the sum or presented a public instrument
of cancellation with the note of presentation, in any of the Registries
where cognizance thereof is to be taken, or a certificate of the Register
stating that the mortgage in question has been cancelled, the Judge
shall order, at the instance of the plaintiff, that the mortgaged prop-
erty be sold at public auction within the period of twenty days, notices
being posted in the usual places of the town where the proceedings are
being held and of the place within whose jurisdiction the property is
situated, and publishing them in the "Gaceta" of the island, setting
forth the titles, in so far as they are contained in the documents accom-
panying the first petition. The decrees and other instruments that the
plaintiff may have considered advisable to bring, shall be exhibited in
the office. It shall be understood that all bidders accept the sufficiency
of the title.
These notices shall fix the day, hour, and place of the auction, and
shall also serve to notify creditors thereof who had their interests in
the property recorded or entered subsequently to those of the claim-
ant, and against whom the notice prescribed by the last paragraph of
Article 171 is ineffective, it being necessary for this purpose to state
the names of said persons interested as they appear in the certificate
of the Register, so that they may be present at the auction, should
they so desire.
When the estimate of the property agreed to in the instrument con-
stituting the loan, by virtue of which the proceedings are held, exceeds
the amount of the preferred obligations secured by the property, said
estimate shall be inserted in the notices as the amount acceptable at
the public sale. When the preferred obligations exceed it, their total
amount shall be the minimum sum acceptable at the public sale.
To fix the amount of the preferred obligations, the Judge shall capi-
talize the amount of the annuities (censos) and other perpetual liens
which are preferred, and which shall be charged to the purchaser and
deducted from the price, this fact being stated in the notices.
Among the obligations the payment of which is treated of in the
preceding paragraph, shall be included, at the instance of the claimant,
the obligations guaranteed by a legal mortgage to the Public Treasury
or to the insurers, and the amounts expended by the claimant himself
to extinguish said obligations.
The public sale shall take place in the manner prescribed for sum-
mary actions for possession; but when two-thirds of the figure fixed in
the notices do not exceed the amount of the preferred obligations, this
amount shall be the minimum admissible for the bids.
Should there be no bidder at this first auction, the claimant may
request that the property be awarded him for the lowest figure which
could have been admitted by the auctioneer, according to the preced-
ing paragraph, assuming all prior incumbrances, and being obliged to
assign any surplus there may be, after his debt has been paid. This
surplus shall be delivered to the proper persons, the judge depositing
it subject to the order of said person, in the public institution desig-
nated for this purpose, should it not be delivered within ten days fol-
lowing the assignment.
Should the claimant not demand the award, he may request that the
mortgaged property be again offered at public sale, reducing the figure
acceptable at the first one by 25 per cent, provided this reduction
protects prior debts. For this purpose the claimant must present a
new certificate from the Register, stating that his mortgage has not
been canceled, if the proceedings have been suspended for more than
six months. This public sale shall take place in the same manner as
the first one, bids amounting to two-thirds of the reduced price being
admissible, provided they would pay the claims preferred to those of
the claimant. The latter may also request the award, under the condi-
tions stated, if the second auction is totally or partially without result.
If the second auction does not effect the award or sale, others may
be held at the instance of the claimant for an amount not less than the
preferred credits, said claimant complying with the requisites mentioned
in the preceding paragraphs, if proper. In such case the award for
said price may also be requested, with the obligation of meeting said
charges when they fall due, being subrogated in the place of the debtor,
so far as the charges are concerned.
ART. 173. If any public sale has taken place in which bids equal to
the debts preferred to that of the claimant were admissible, and the +
property should not have been sold, nor the award requested within A
the ten days following, the proceedings shall be closed without further
remedy, the right of the claimant to bring an action being reserved,
by way of the ordinary declaratory suit and proceedings to obtain an
execution for the collection of his credit, with the costs of the summary
proceeding, against any property whatsoever belonging to the persons
ART. 174. After the mortgaged estate has been sold or awarded, and
the corresponding price has been paid, in a proper case, the instrument
of transfer or the decree of award shall be officially executed by the
inferior Court representing the owner of the mortgaged property,
should the latter not appear voluntarily to execute it on the day fixed,
which shall be the earliest one possible; and the new owner shall imme-
diately thereafter be placed in judicial possession, should he request it.
After the estate has been sold or awarded and the price has been
applied in the proper manner, the proper cancellations shall be made,
in accordance with the provisions of the Mortgage Laws and those of
the Civil Procedure. This shall be construed without prejudice to the
other rights and actions which the remaining creditors or those who
have not been wholly satisfied may exercise against the debtor.
ART. 175. The summary proceedings referred to in this Section can
not be stayed by means of proceedings in the nature of a demurrer, nor
by any other proceedings at the instance of the debtor of the third
party in interest, nor at that of any other person presenting himself as
an interested party, except in the following cases:
First. If documentary proofs are brought forward as to the existence
of a criminal procedure on account of the forgery of the mortgage
instrument which constitutes the subject-matter of the proceedings, in
which a right of complaint has been admitted, or an order of prosecution
has been issued.
Second. If a third person enters a claim of ownership, necessarily
accompanying therewith his title to the estate in question, recorded in
favor of said third person, prior to the entry of the debt of the claimant
and not canceled in the Registry.
Third. If a certificate of a Register is presented, stating that the
mortgage on which the proceedings are based is canceled, or an authen-
tic copy of the public instrument of the cancellation of the same, with
the note of presentation in one of the Registries which is to take cogni-
zance thereof, executed by the claimant, or by his principals or legal
representatives, the deed of conveyance, should any be in existence,
also being shown by means of a document, in a proper case.
In the first case the suspension shall continue until the criminal
action has been terminated, the proceedings being continued then if the
forgery has not been established.
In the second case it shall continue until the suit of the third person
has been decided.
In the third case the Judge shall order the parties to appear before
him four days after the citation; he shall hear the parties, admit the
documents they may present, and he shall render such decision as he
may deem proper, in the form of a decree, within two days.
This decree shall be appealable for review, and also to stay proceed-
ings, when it orders the suspension.
All other actions that may be brought, by the debtor as well as by
the third parties in interest, and other interested persons, including
those regarding the nullity of the title or of the proceedings, or regard-
ing the lapse, constitution, extinction, or amount of the debt, shall be
discussed in the proper final trial, without ever causing a stay of the
summary action for possession or avoiding them. The competency to
take cognizance of this declaratory suit shall be determined by the
At the time the action is brought, in accordance with the preceding
paragraph, or during the course of the suit, a demand may be made
that the effectiveness of the sentence be secured by the retention of
the whole or of a part of the amount which, on account of the summary
action for possession, is to be delivered to the claimant. The Judge
shall order this retention made in view of the documents presented,
should he consider the reasons adduced sufficient. If the claimant
guarantees the amount which is ordered retained pending the decision
of the declaratory suit, to the satisfaction of the Judge, the retention
shall be raised. If the person requesting this measure is not well
known to be sufficiently solvent, the Judge must demand a prior and
sufficient security to answer for the costs of delay and the compensa-
tion for any other loss or damage which may be caused the creditor
Creditors who have their right recorded before the present law went
into operation may select this summary procedure, but when the instru-
ments of their credits do not contain an agreement of the debtor to a
determined price for the auction, they must prove said agreement by
means of a public document, or demand an appraisement, in accord-
ance with the law of Civil Procedure, to prepare the notice of the public
sale, it being understood that the rules of this section which fix the
minimum figure to secure preferred obligations shall always be appli-
cable. The procedure for the appointment of an expert shall be held
when the formal demand for payment is made, and shall involve the
same persons on whom the latter must be served.
If during the course of the proceedings the estate or some of the
mortgaged estates pass into the hands of another owner, the latter,
proving the record of his title, may demand that the decrees filed in
the Clerk's office be presented to him, and the Judge shall consent
thereto without stopping the course of the proceedings, subsequent
proceedings being addressed to him as subrogated to the principal.
ART. 176. Against the decisions rendered in these summary proceed-
ings the claimant may make use of the ordinary remedies prescribed
by the law of Procedure, when it is not otherwise prescribed in this
section. The remedies of other persons interested in any manner
whatsoever shall never stay nor avoid the course of the summary
action for possession regulated by this section, except in the cases of
suspension briefly indicated herein.
The provisions of the law of Civil Procedure in force in Cuba, Puerto
Rico, and the Philippines shall be applicable to these proceedings as
supplementary, when not in conflict with the provisions contained in
the Mortgage Law and these Regulations.
ART. 177. Whenever, in accordance with the provisions contained in
Article 141 of the law, a mortgage is created by a third person without
sufficient authority to do so, and is ratified by the owner of the mort-
gaged property, a new record shall be made, in which shall be stated
the reason causing it, the previous record being canceled. When a
mortgage is created in favor of the State, civil corporations, or collec-
tive bodies, and its acceptance is not indicated in the instrument, a
record shall be made, but without prejudice to this circumstance being
entered by means of a marginal note, after the mortgage or bond has
been approved by the proper authority or official.
This note shall have all its legal effects from the date of the record
to which it refers.
ART. 178. To indicate in the Registry the compliance or noncompli-
ance of conditions, or the fulfillment or nonfulfillment of future obliga-
tions, treated of in Article 143 of the law, any of the interested parties
shall present to the Register a copy of the public document from which
this appears, and, in default thereof, a petition signed by both parties
requesting the entry of the marginal note and clearly stating the facts
which must cause its entry.
If either of the interested parties refuses to sign the petition, the
other may institute a suit, so that the matter, being brought up in a
declaratory suit, the proper decree may be issued. Should the decree
grant the demand, the Register shall make the marginal note by virtue
ART. 179. The marginal note treated of in the preceding article shall
be worded in the following manner:
The obligation (here describe it) between A and B having been fulfilled (or not
having been fulfilled), the condition (here describe it) having been complied with
(or not having been complied with), on which question the efficiency of the mort-
gage created in this record number depended, A has presented (here a state-
ment of the document by virtue of which the marginal note is requested), from
which it appears that Therefore, this mortgage shall be considered effective
and in force (or not in force) from the date of its entry, and that this may appear I
make this marginal note on (Date and surname).
ART. 180. If the condition complied with is a condition subsequent,
a formal cancellation shall be made, after the provisions contained in
Article 178 have been complied with.
ART. 181. In accordance with the provisions of Article 144 of the law,
- when the act or agreement between the parties produces a total or par-
tial novation of the recorded contract, a new record shall be made and
the previous one canceled. When it causes the dissolution or inefficacy
of said contract, entirely or partially, a complete or partial cancellation
shall be made; and when the object thereof is to make effective a
recorded contract dependent on conditions precedent, or to show the
payment of a part of a mortgage debt, a marginal note shall be made.
ART. 182. Mortgage obligations payable to bearer, issued by the
Societies of Public Works, can not be specially or expressly recorded.
However, for the purpose of securing the mortgage right against third
persons, which may be established in favor of the bearers thereof,
according to the Code of Commerce, the mortgage must be created by
virtue of a public instrument and recorded in the Registry, as pre-
scribed in Article 146 of the law.
ART. 183. In the instrument creating a mortgage, securing obliga-
tions payable to bearer, referred to in the preceding article, the number
and total value of the obligations issued, for the security of which the
mortgage is created, must be stated, the series to which they belong,
the number and face value of each one, the date or dates of their
issue, the interest they bear, and other circumstances fixing and deter-
mining the kind of instruments and their values, as well as the property
mortgaged-that is, whether it is the works or the profits or the entire
line, or only of a part thereof. All these circumstances shall be stated
in the record, which shall only be recorded in the Registry within the
jurisdiction of which the principal point or beginning of the road,
canal, or public work is situated, without prejudice to the records
which must be made in other Registries, when the mortgage extends
to the property referred to in the last portion of Article 72.
ART. 184. It being impossible to designate the name and surname of
the person or persons in whose favor the record is made, because the
obligations are payable to bearer, a statement shall be made that the
instrument is created in favor of the holders of the obligations referred
to in the instrument, and the part relating to each obligation.
ART. 185. Before recording the assignment of a mortgage credit,
notice thereof shall be given the debtor, unless lie has renounced this
right in a public instrument, or when it comes within the provisions of
Article 153 of the law, by means ot a document drafted and signed by
the Notary who certified to the instrument, stating therein only the
date of the assignment, whether it is total or partial, and in the latter
case the amount assigned, and the name, surname, residence, and pro-
fession of the assignee. The Notary shall serve this notice or have it
served on the debtor.
If the latter can not be found at his residence, the delivery shall be
made in the manner prescribed for summons in the first paragraph of"
Article 268 of the law of Civil Procedure for Cuba and Puerto Rico,
and 252 of that for the Philippines.
ART. 186. If the debtor does not reside in the town in which the
instrument is executed, the contract shall be recorded and the notice
considered as served, but the assignor shall remain under the obligation
to make a judicial request that search be made for said debtor, in order
to communicate to him the notice referred to, in the manner prescribed
in Articles 266, 268, and 269 of the law of Civil Procedure for Cuba and
Puerto Rico, and 250,252, and 253 of that for the Philippines, and under
the responsibility established in Article 154 of the Mortgage Law.
ART. 187. Assignments of mortgage rights shall be entered in the
Registry by means of a new record in favor of the assignee.
Transfers shall not be entered in the Registry, nor shall it be neces-
sary to notify the mortgagor thereof in the excepted cases mentioned
in Article 185.
ART. 183. Every Notary before whom a public instrument is exe-
Outed involving a right to a legal mortgage in favor of some person
shall notify the proper persons, if they take part in the instrument,
of the obligation to create it and of the right to demand it, stating in
the said instrument that this has been done.
ART. 189. If the person having the right to the legal mortgage is a
married woman, a minor child, or a ward, the Notary shall also, by an
official communication, notify the Register of the execution of the
document, which he shall forward within the period of eight days, and
in which he shall make a concise summary of the obligation contracted
and of the names, status, and circumstances of the parties thereto.
The Register shall acknowledge its receipt to the Notary.
ART. 190. If the thirty days following the execution of the instru-
ments referred to in the two foregoing articles have elapsed without
the corresponding mortgage being created, and this mortgage is one of
those which, in accordance with the law, can or must be demanded by
persons who have not taken part in the instrument or contract giving
rise thereto, the Register shall communicate the fact to said persons,
or to the Department of Public Prosecution, in case it is the duty of
the latter to exercise said right in accordance with the law.
The Department of Public Prosecution shall acknowledge receipt
ART. 191. Registers shall submit a report every six months to the
President of the Audiencia of the instruments or contracts which have
been submitted to the latter, in accordance with Article 189 of these
regulations, and which have not produced the corresponding mortgage
record, as well as of the steps they may have taken in compliance with
the provisions contained in the preceding article.
ART. 192. The special mortgage which, according to number 3 of
Article 169 of the law, must be created by the husband for the personal
property, chattels, money, and other property not mortgageable which
is delivered to him by reason of marriage, with the obligation of return-
ing the same or its value, shall be created in the dowry contract itself
or in a distinct public instrument.
ART. 193. The record of real estate which forms part of the appraised
dowry shall state, in so far as may be applicable, the details required
by these regulations for records in general, and in addition, in cases
where it is proper to make full records according to the law, the follow-
First. The name of the person creating the dowry and the capacity
in which he does so.
Second. A statement that the marriage has been agreed to or has
already been celebrated, and, in the latter case, the date of its cele-
Third. The names, surnames, age, status (whether formerly married
or single), and residence of the contracting parties, and the profession
of the husband, should it be known.
Fourth. A statement that an appraised dowry has been constituted,
and the amount thereof.
Fifth. A statement that a part of said dowry consists in the estate
which is the subject of the record.
Sixth. The value given said estate in the appraisement of the dowry,
stating whether this was arrived at by mutual agreement or by judicial
Seventh. The delivery of the dowry to the husband.
Eighth. The conditions stipulated in the marriage contract and
which may affect the ownership of the husband in said estate.
Ninth. A statement of the acquisition of ownership by the husband,
subject to the laws and special conditions stipulated.
Tenth. A statement that the legal mortgage on the estate has been
created and recorded.
ART. 194. The record of the mortgage created by the husband on
his real property in favor of the wife, the dowry being appraised, shall
state, in so far as relevant, the details required for records of volun-
tary mortgages; and if full records are proper in accordance with the
law, the following shall also be embraced therein:
First. The agreement to marry or the celebration of the marriage,
stating the date of one or the other.
Second. The name, surname, residence, age, and previous status
(whether married or single) of the wife, should they be known.
Third. A statement of the documents by which the dowry was cre-
ated, the gifts offered by reason of marriage, by which the delivery to
the husband of the dowry, or personal property in addition to the
dowry, was made, stating the obligations which have been accepted
by each one of the contracting parties in virtue thereof.
Fourth. The name, surname, domicile, and legal representation of
the person who created the dowry, stating that the latter is appraised
and that the Notary certifies as to its delivery.
Fifth. In case a mortgage is also created on account of gifts offered,
or personal property in addition to the dowry delivered, a declaration
that one or the other is considered as an increase of the dowry and
that the Notary certifies as to the delivery of the personal property in
addition to the dowry.
Sixth. The total amount of the dowry, of the personal property in
addition to the dowry, and of the gifts, with the total appraised value
of property of each kind delivered in payment, real estate, gold and
silver ornaments and precious stones; deeds or documents of public
and private credit, personal property, chattels, clothing, and money
being considered as different kinds of property.
Seventh. The name, surname, and legal capacity of the person who
demanded the dowry mortgage, and, in case it was created by virtue
of a judicial decree, the deciding clause thereof, its date, the name of
the Judge or Court which issued it, and that of the Clerk who certi-
Eighth. The acceptance and declaration of the sufficiency of the
mortgage and a statement of the amount for which the estate is liable
according to the distribution made in accordance with the instrument,
among the properties mortgaged, by the person creating the dowry or
who demanded said mortgages or who should, in a proper case, decide
on the sufficiency of the mortgage; and if judicial proceedings have
been instituted in the matter, the judgment rendered, its date, the name
of the Judge or Court who issued it, and of the Clerk who certified the
ART. 195. When the dowry, or personal property in addition to the
dowry, is delivered to the husband unappraised, and its title is recorded
in the name of the wife, said delivery shall be recorded by means of a
memorandum at the margin of the record referred to, even when it is
in the old books, in the following terms:
The estate of this number -, record number -, has been delivered to A, as
husband of Miss B, unappraised (or appraised at pesetas) by virtue of nuap-
praised dowry, created by C in a public instrument executed in on such a
date, before the Notary D or by virtue of personal property in addition to
the dowry of said lady and as an increase in the dowry created. (Date and surname.)
ART. 196. The mortgage created by the husband on his own prop-
erty as security for the return of the personal property or chattels
delivered as unappraised dowry, or as personal property in addition to
the dowry, or as an increase of the dowry of the same kind, shall be
recorded, in accordance with the provisions contained in these regula-
tions for records in general, in the special Registries of the estates on
which the mortgage is created.
ART. 197. The records treated of in the preceding article shall con-
tain the details required for entries of appraised dowries, the only dif-
ference being a statement of the unappraised character of the same,
and that the appraisement was made only for the purpose of fixing the
amount for which the estate would be liable in case the property should
not be in existence, or could not be returned, at the time of its
ART. 198. If the unappraised dowry property should not be recorded
in favor of the wife at the time of the creation of the dowry mortgage,
said record shall be made in her favor in the ordinary form and with
the details stated in Article 193 of these regulations, with the exception
of the fourth, sixth, ninth, and tenth; but the unappraised character
of the dowry shall be mentioned in their place, and that the ownership
continues vested in the wife, subject to the laws.
If the record has been made in this manner, the marginal note pro-
vided by Article 195 of these regulations shall be omitted.
ART. 199. When the Department of Public Prosecution receives
notice of the delivery to the husband of the dowry of a woman who
is an orphan or a minor, without the proper mortgage, he owning prop-
erty on which it can be created, the Department shall appeal to the
Judge or Court to compel the husband to create the legal mortgage,
proceeding in this case in the manner prescribed in Article 166 of the
ART. 200. All dowry instruments must necessarily contain a state-
ment of the mortgage which has been created, or which is about to be
created in a separate instrument, or a statement to the effect that the
dowry is not secured in this manner, the husband not possessing any
mortgagable property. In the latter case, the husband shall formally
declare that he does not possess such property, and shall obligate him-
self to mortgage the first real estate he may acquire, in compliance with
the provisions contained in Article 186 of the law.
A wife, being of age, who owns the property which is to be given in
dowry, and who has the free disposition thereof, need not insist that
the husband obligate himself as established in the preceding paragraph;
but in such case she must be notified of her privilege by the Notary,
who shall state this fact in the instrument under his responsibility.
MORTGAGES FOR PROPERTY SET APART.
ART. 201. The inventory and appraisement of property set apart,
which must be presented to the Inferior Court, according to Articles
190 et seq. of the law for the purpose of creating the proper legal mort-
gage, shall be those which have been made judicially or extrajudicially,
and should neither have been made, those made by the father, the
mother, or the ascendant referred to in Article 199 of the law, stating
the value of the property appearing by a certified copy of the award of
the same to them, and in default thereof by a certificate of the experts,
or by the capitalization at the rate commonly used in each place.
ART. 202. The title deeds to be presented by the father, the mother,
or the ascendant to prove the ownership of the property which they
may offer to mortgage shall be at least those of their last acquisition,
with a certificate of the Register from which the ownership of said prop-
erty and the incumbrances thereon appear.
When the value thereof does not appear from the documents indi-
cated, others constituting prima facie evidence shall be presented which
prove said value.
ART. 203. The period of ninety days shall be computed for the pre-
sentation of the proceedings referred to in Article 191 of the law, from
the time the property was set apart; when the property set apart does
not exist at the time of the celebration of the second marriage, or, if it
is acquired subsequently, in the case mentioned in Article 980 of the
Civil Code, said period shall be computed from the date of its acquisition.
The proceedings referred to in Article 190 of the law, in the case of
Article 199, shall be instituted within the ninety days following the
date of the acceptance of the inheritance by the person obligated to
set apart the property. After this period has elapsed, the institution
of said proceedings may be requested by the persons interested, if they
are of age, or otherwise by their legal representatives.
ART. 204. After the instrument creating the mortgage has been
issued and approved by the Judge, two -certified copies thereof and of
the decree of approval shall be given the father, mother, or ascendant,
so that, both copies being presented in the Registry, the proper records
may be made in accordance therewith, one being filed in the Registry and
the other returned to the inferior Court with the memorandum of record.
If the father, mother, or ascendant refuses to receive said copies or to
present them in the Registry, the Judge shall send them officially,
ordering that the records be made in virtue thereof.
The Judge shall proceed in the same manner if, thirty days having
elapsed from the time said copies have been delivered, the father, the
mother or the ascendant does not return one of them to the inferior
Court with the memorandum signed by the Register, stating that the
mortgage has been recorded.'
ART. 205. To enter in the Registry of property that estates have
been set apart, a note shall be made at the margin of the proper record
of ownership in the following terms:
The estate of this number -, record number -, is reserved in favor of Mr. A.
and Miss B., children of Mr. and Mrs. D., according to the proceedings instituted in
the inferior Court of to determine and secure the property set apart for said
children, in which proceedings a decree was issued, creating the mortgage and
approved by the Judge, and its copy was presented in this Registry on such a day
and hour, according to record number -, folio -, volume of the Day-book,
which I return with the memorandum, stating that it has been recorded. (Date and
That property has been set apart as referred to in Article 199 of the
law shall be stated by means of a similar marginal note, substituting
the statement regarding the relationship by the proper one.
ART. 206. The decree creating the mortgage for the security of prop-
erty set apart shall contain the details required for voluntary mortgages
and also the following:
First. The date on which the father or the mother who created said
mortgage have contracted a new marriage, or that of the birth of the
illegitimate child referred to in Article 980 of the Civil Code; and in a
proper case, that of the acceptance of the property by the ascendant.
Second. The name and surname of the deceased spouse, or that of
the descendant, in a proper case, and the date of his or her death.
Third. The names and the age of each one of the children or rela-
tives who have a right to have property set apart.
Fourth. The instrument on which said right is based.
Fifth. A statement of the property to be set apart and the value
Sixth. A statement that the proceedings prescribed by Article 190
of the law have been instituted, and at whose instance, or by Article
165, if the child himself or relative shall have demanded the mortgage.
Seventh. If the Judge has admitted the mortgage but declared its
insufficiency, this fact shall be stated, and that the father, the mother,
or the ascendant is obligated to mortgage the first realty or property
rights he or she may acquire.
The entry of the decree shall be made, with regard to the property
reserved, in accordance with the provisions contained in Article 205,
and with regard to that mortgaged by the father, the mother, or the
ascendant, with the details which a voluntary mortgage must contain
and those stated in this article, and a brief statement of the deciding
clause of the decree which may have been issued approving the deci-
sion, that the latter has been presented to the Registry and is returned
with a memorandum of the records which have been made by virtue
MORTGAGES FOR SECURING THE PROPERTY OF THOSE WHO ARE STILL UNDER
ART. 207. The persons who record property belonging to a child of
their family, shall state this fact in the same record, and how said
property has been acquired.
When this statement is omitted in the record, the persons who have
a right, according to the law, to require the father or the mother to
create a mortgage for the security of said property, must demand that
it be entered by means of a marginal note opposite the record.
ART. 208. A mortgage record shall contain all the details required
for a voluntary mortgage, and, besides, the following:
First. The age and status (whether married or single) of the child.
Second. How the property was acquired.
Third. The description of the same and its value, or the value given
it for the creation of the mortgage, in the terms fixed in Article 252 of
Fourth. A statement to the effect that said mortgage has been volun-
tarily created by the father or the mother, or that it has been created
by virtue of a decree and judicial proceedings, and at whose instance.
Fifth. The details of number 7 and following paragraph of those
embraced in Article 206.
ART. 209. The judicial authority required by the father or mother to
convey or encumber the property of the child shall also be necessary to
record the instruments or contracts the purpose of which is to extin-
guish property rights on the estates of said children, such as assign-
ment, renunciation, subrogation, cancellation, redemption, and rights
of a similar character.
ART. 210. Notice of the judicial authority given in accordance with
the preceding article and of Article 205 of the law shall be communi-
heated to the persons designated in Article 204, and for the purpose
mentioned in Article 201.
MORTGAGES BY REASON OF GUARDIANSHIP.
ART. 211. After the amount of the bond of the guardian has been
fixed by the family council, and the estates offered in mortgage are con-
sidered sufficient by it, the mortgage shall be created by means of the
proper public instrument.
ART. 212. The instrument creating the mortgage shall state the fol-
lowing, besides the details required for voluntary mortgages:
First. The name of the guardian and that of the person who may
have appointed him.
Second. The character of the guardianship.
Third. The kind of document by virtue of which the appointment
was made, and its date.
Fourth. The fact that there has been no remission of bond, or that,
notwithstanding its remission, the family council has considered a bond
Fifth. The amount of the principal, income, and profits of the orphan
or incapacitated person, separating the part consisting of real estate
from other property.
Sixth. The amount of the bond which may have been required.
Seventh. A report of the estates offered as security, with a statement
of the value and incumbrances of each, and of the deed of its last
acquisition, and everything referring to deeds of ownership and certifi-
cate of the Register and appraisements which may have been presented.
Eighth. Creation of the mortgage for the amount fixed for the bond.
Ninth. A statement of the amount for which each estate is mort-
gaged, according to the division which may have been made.
Tenth. A copy of the agreement of the family council approving the
The mortgage record shall be made in accordance with the provisions
contained in these Regulations and shall also contain the details men-
tioned in this article.
ART. 213. If the orphan or incapacitated person possesses real estate,
the family council, at the time of approving the mortgage for the other
property, shall order that, opposite the records of the property or rights
of the orphan or incapacitated person, a marginal note shall be placed,
in the following terms:
The estate of this number --, record number --, is administered by A as
guardian of B, appointed by C, in such manner, said B being a minor or incapaci-
tated to administer his property; and this note is made by virtue of an agreement
of the family council of such date. (Date and surname).
The agreement of the family council must appear in a notarial instru-
ment, which shall be forwarded in duplicate to the Register by the
President of said council. One of the copies shall be returned by the
Register with the memorandum of compliance.
If the minor or incapacitated person possesses property or property
rights which are not recorded, the family council shall order their
record, at the margin of which the note referred to shall be made.
ART. 214. The marginal note treated of in the preceding article shall
be ordered made by the family council, even in case the guardianship
is exercised without any bond having been required.
OTHER LEGAL MORTGAGES.
ART. 215. For the creation and record of the legal mortgages treated
of in Articles 217 to 221 of the law, besides the requirements prescribed
therein, those established by these regulations in the present title shall
be taken into consideration.
MANNER OF KEEPING REGISTRIES.
ART. 216. In the office of each Registry a frame shall be constantly
exhibited to the public, in which, with the necessary clearness, the fol-
lowing shall be stated:
First. The dates on which the old and the new Registries were
Second. The names of the municipalities embraced in the jurisdic-
tion of the Registry and of the population of each one, stating whether
any has changed its name; or, if it is known by more than one, all
those it bears or has borne since the establishment of the Registry.
Third. A statement of the Registry to whose jurisdiction the towns
may have previously belonged, stating the date on which they were
annexed to the Registry under whose jurisdiction they have finally
Fourth. The names of the towns which did belong to the Registry
and have been removed therefrom, with a statement of the date and
of the Registry to which they have been transferred.
Fifth. The schedule of fees.
Also a notice to the public shall be placed in the same frame, stating
that interested persons who present documents in the Registry may
demand that the entry of presentation be made at once, and that the
record be made within the following fifteen days, in the manner pre-
scribed by Article 56 of these regulations, otherwise an action against
the Register being admissible.
ART. 217. The books of the Registry shall be formed, arranged, and
ruled in accordance with the models which the Registry and Notarial
Division shall establish when their provision is arranged for. Each
register shall request of the President of the proper Audiencia the
books he may require, and after they have been procured he shall pre-
sent them to the Delegate, who must rubricate them.
The President shall request the books of the Division. The latter
shall keep an account of the books sent him, the former also keeping
an account of those distributed to the Registers of his jurisdiction.
ART. 218. The Delegate shall rubricate the first and the last page of
the Day Books and Registries of property.
In addition all the pages of said books shall be stamped with the
seal of the inferior Court.
For the purposes of the preceding paragraph Registers shall forward
the blank books to the proper Delegates, and, -after receiving a notice
from the latter, they shall appear in their office to receive them rubri-
cated, stamped, and certified; after examining them the memorandum
of conformity prescribed in Article 221 shall be made.
ART. 219. The books of the Registry must be bound in such manner
that no sheet can be removed therefrom without leaving signs of its
removal, and also so that they can not be rebound without its being
If, on account of the destruction or wear of the binding of some book,
it becomes necessary to renew it, Registers may only do so after receiv-
ing authority from the President of the Audiencia and only in the
manner and form he may determine.
ART. 220. The paper to be used in the books of the Registry shall
be specially manufactured for this purpose, with the marks and coun-
tersigns which may be ordered by the Registry and Notarial Division.
AnT. 221. On the first blank page of each book the Delegate who
rubricates it shall enter a certificate, stating in words the number of
folios it contains, the fact that none of them is stained, written on, or
useless, and the date of its delivery.
At the foot of this certificate the Register shall make and sign a
memorandum stating that he has received the book in the manner
stated in said certificate.
ART. 222. In each Registry of property a book shall be opened for
each municipality or municipal district, as prescribed in Article 230 of
When, at the instance of a Register, and for reasons of public con-
venience, the division of a municipal district into two or more sections
is ordered, in accordance with the provisions contained in Article 232
of the law, the proper proceedings must previously be instituted, in
which the President of the proper Audiencia shall take part.
The proper order of numeration of the estates prescribed in Article
8 of the law, and the strict order of dates to which reference is made
in Article 59 of these Regulations, shall be construed as embracing
estates situated in each municipal district.
The books shall bear the numeration proscribed by Article 226 of
Besides these books and the Day Book, Registers shall keep such
other books as they may deem convenient for the service, which shall
only have an auxiliary character. They shall only be admissible as
private documents, and shall be kept at the expense and according to
the good judgment of the Register.
ART. 223. The official books shall be the Day Book of operations and
those of the Registry.
The Day Book shall bear the following inscription on the title-page:
Day Book of operations of the Registry of property of volume -, begun
on day of --- in the year .
On the page following the title-page the certificate and matters pro-
vided for in Article 221 shall be entered.
Each folio of the Day Book shall contain a blank margin sufficiently
wide to make the proper marginal note therein, and the rest of the
page shall contain horizontal lines for the purpose of writing thereon
precisely the numbers of the records, forming a vertical column, and
the records themselves immediately thereafter. Between the records
no more space shall be left than is necessary for the signature of the
If any marginal note can not be made in the Day Book because the
margin of the corresponding record is already filled, the latter shall
be reproduced so that said note may be made.
The books of the Registry shall bear their title on the cover in the
Registry of property of Audiencia of volume -, of the munici-
pality of volume of the Archives of this Registry of property.
The first page after the title shall be exclusively used for the certifi-
cate and memoranda prescribed in Article 221.
ART. 224. Registers shall keep a Day Book of receipts, in which they
shall enter in strict chronological order all the fees they may collect for
any of the purposes mentioned in the schedule annexed to the Mortf
gage Law, or in these Regulations or other special measures which mayS
be enacted, stating the amount received, the reason thereof, the indi-
vidual or corporation who or which is to pay the same, and the number
of the entry of presentation of the instrument, should there be any;
and in case the fees arise through any of the judicial mandates referred
to in Article 340 of the law mentioned, this fact shall be stated, with
the date of the mandate, the inferior or superior Court which issued it,
and the question in which it was ordered.
ART. 225. Registers shall also keep a book called Of incapacitated
persons," in which they shall enter records relating to final decrees
declaring the legal incapacity to administer or the presumption of death
of absent persons, of those imposing interdictions, or declaring some
person insolvent or bankrupt, or making any other declaration by which
the civil capacity of persons is modified with regard to the free dispo-
sition of their property.
ART. 226. Said book shall be kept on stamped official paper, all of
its pages stamped and rubricated by the proper Judge, who shall cer-
tify on the first page thereof as to the number of folios it contains.
These shall be arranged in strict alphabetical order, assigning to each
letter such number of folios as may be considered proper.
ART. 227. After the judicial mandate containing the final decree
mentioned in Article 225 has been presented, Registers, after making
the proper records in the books of the Registry of property, shall
enter in the book above mentioned the names of the persons incapaci-
tated to dispose of their property, with a brief extract of said docu-
ment and a citation of the package in which it is to be kept. These
records shall be made under the letter corresponding to the surname
of the person interested, and shall receive a special correlative
numeration under each letter.
ART. 228. After the records and entries treated of in the preceding
article have been made, the Register shall make a memorandum at
the foot of the mandate, stating this fact,'if the person against whom
it has been issued should possess property; or that it has not been
recorded nor a cautionary notice thereof made, because he does not
possess any; the proper record of the property he may subsequently
acquire having been made in the book of incapacitated persons, citing
the letter and number which said record bears.
ART. 229. At the margin of the entry of presentation of the mandate
the Register shall make a note similar to the one mentioned in the
ART. 230. The Register shall' return the duplicate of the mandate or
sentence, containing a memorandum that it has been complied with, to
the proper superior Court, keeping the other duplicate in the files of
of his Registry, in the proper package.
ART. 231. If the person who has been declared incapacitated to
administer his property or to dispose of it by virtue of some final
decree, which has been entered in the book of incapacitated persons,
acquires any real estate or property rights, the Register, immediately
after the record stating the acquisition thereof, shall copy the sentence
or mandate of the Court, referring to the duplicate on file in his office.
ART. 232. Registers shall keep two indices in the same manner, in
which they shall enter records of all kinds that they may make in the
books of the Registry from the date the Mortgage Law went into oper-
ation; one of them shall be called index of property and the other index
ART. 233. These indices shall be kept by municipalities, and in alpha-
betical order, in books or pamphlets made of common paper, its pages
folioed and stamped with the stamp of the Registry.
ART. 234. The index of property shall be divided into two sections,
including in one of them all that relates to rural property, and in the
other all that relates to town property.
AaT. 235. In the section relating to rural property the Register shall
state in the proper columns-
First. The name of the estate, and in its absence that of the locality
or district in which it is situated.
Second. The village, place, hamlet, parish, quarter, or jurisdiction to
which it pertains.
Third. The agricultural use to which the estate is put.
Fourth. Two opposite boundaries, selected from the four cardinal
points, which must be the same for all estates.
Fifth. The number of the estate according to the Registry, and the
book and folio containing the record.
ART. 236. The section of town property shall contain in its proper
First. The name of the square or street on which the property is
Second. The present number of the same, and the old one, also, if it
Third. The number given it in the Registry, or the letter, if a cau-
tionary notice is treated of.
Fourth. The volume and folio in which it is recorded.
ART. 237. In both sections there shall be a column in which to state
the class of ownership or property right referred to in the record, such
as property, servitude, mortgage, annuity (censo), use, or the modifications
thereof caused by cautionary notices, such as judicial attachment, inca-
pacity to administer, etc.
ART. 238. The index of persons shall embrace in the proper col-
First. The name of the person in whose favor or against whom the
ownership or property right in an estate is recorded or a cautionary
notice thereof made.
Second. The volume and folio containing the records or notices in
which the owner of any estate or property right is interested; and,
Third. All cancellations of records, notices, and marginal notes men-
tioned in the preceding column, citing the volume and folio of the
former, as well as of the latter.
ART. 239. Should the Register observe any change in the name,
bounds, or other important details of the estate, he shall make the
proper correction in the indices.
The conversion of cautionary notices into records shall be stated in
the proper columns.
ART. 240. In accordance with the provisions of the law and these
Regulations, Registers shall arrange by months, quarters, half-years, or
by years, according to the circumstances, four classes of packages-
one for receipts, another for judicial mandates, another for public docu-
ments, and another for private documents.
ART. 241. The packages of each class shall be numbered separately
and in their proper order, in the order in which they are made up.
Documents shall be placed therein according to their dates.
ART. 242. After the period which each package must embrace, accord-
ing to the division adopted, has elapsed, it shall be inclosed in a wrap-
per, the class of documents it contains and the period it embraces being
written thereon, inclosing within the same wrappers an index rubri-
cated by the Register, stating the date of each one of said docu-
ART. 243. In each Registry there shall be made by the Register a
detailed inventory of all the books and packages contained therein.
Whenever a new Register is appointed, he shall take charge of the
Registry in accordance with said inventory, signing it at the time of
the delivery, his predecessor being responsible for what should appear
contained in the inventory and not delivered.
At the beginning of each year the inventory shall be brought up to
ART. 244. No instrument creating any of the property rights men-
tioned in number 2 of Article 2 of the law can be recorded unless the
ownership of the real estate is recorded in favor of the person creating
When the right to be recorded is that-of direct ownership, the right
of the person having the ownership in the estate must be previously
ART. 245. When the first entry requested is one transferring a prop-
erty right to some estate, the ownership of which is not recorded in
the old Registry, and the acquisition of the ownership of the estate
and of the property right is proven by the title deed presented, or by
documents which are prima facie evidence, dated before the day on
which the Mortgage Law went into operation, two records shall be
The record of the ownership shall be made in accordance with the
general rules, and that of the property right in the manner proper for
its kind, but without again describing the estate, and only referring to
the record thereof.
ART. 246. Cautionary notices and their cancellations relating to each
estate shall be marked at the margin with letters instead of numbers,
in strict alphabetical order.
If the notices and cancellations referring to any estate reach such a
number that the letters of the alphabet are exhausted, they shall be
duplicated from the beginning, this system being observed throughout.
In the margin of the Registry destined to the numeration of records
only "notice or cancellation" letter (the proper one) shall be
ART. 247. When the first entry relating to an estate is a cautionary
notice, the provisions of Article 245 and 450 of these Regulations shall
be observed, as the case may require.
ABT. 248. Each folio of the books of the Registry shall contain a
sufficient number of horizontal and perpendicular lines, for the purpose
of writing thereon, and in no other manner, at the head: The number of
the estate; then leaving a blank margin without lines and forming a
vertical column, the numbers of the record or the letters of the caution-
ary notices, and immediately thereafter the entries of either one or of
the cancellations. The blank margin shall have the width necessary
to make the marginal notes therein, so that the latter shall not occupy
more space than the records they refer to whenever this is possible.
ART. 249. In the books of the Registry all the entries, records, can-
cellations, and notes mentioned in Article 227 of the law shall be made.
ART. 250. Registers, taking into consideration the movement of real
estate in their respective subdistricts, shall assign to each estate the
number of pages they may consider necessary, placing at the head of
each one the number of the estate, when they begin to record them.
ART. 251. After the pages assigned to an estate have been filled, the
number of the latter shall be transferred to another folio of the same
book, or of a following one if there is no place in the former for the
record. In such case, besides the number of the estate which shall
be repeated, there shall be written duplicate, triplicate, and so on, and
a reference to the folios and volumes in which the previous records
may be found, in the following manner: See folio from to ,
volumes --." On the last of said folios, and in addition to the
number of the estate, which is at the head thereof, shall be written
"Continued in folio ." The number and the word duplicated, or
triplicated, shall be written immediately after the printed words estate
number, and the reference to the folios and volumes in the following
space on the thick line at the head of each page of the books of the
ART. 252. When several estates are alienated or encumbered in one
instrument, the proper record shall be made on the page assigned to
each estate, stating in each record the other estates embraced in the
instrument and the book, and the folio and number borne by the records
The statement which, according to the preceding paragraph, must be
made in each record of the estates embraced in the same instrument,
shall be made by means of a marginal note, besides stating in the body
of each one of the records and before the words "All that is stated
appears, etc.," that this estate is embraced in the same instrument (and
if there are two or three, the number there may be), and that they are
recorded in the book, the folio and number being stated in the marginal
note of the said record.
Should they exceed three, the marginal note shall contain the fol-
The other (stating the number there may be) estates embraced in the same instru-
ment, by virtue of which this record has been made, are recorded in the volumes,
folios, and numbers which are stated in the marginal notes of entry of presentation
number -, folio -, volume of the Day Book.
ART. 253. The brief records which must be made in compliance with
the provisions of Article 234 of the law shall only contain the follow-
First. The character and name of the estate, if it is stated, or, in a
proper case, that of the property right.
Second. A statement of the incumbrances.
Third. The name, surname, and residence of the grantor and of the
grantee of the estate or property right; the nature of the instrument
or contract; the date and town in which the instrument was exe-
cuted or issued, and the name of the Notary certifying to it, or of the
authority or official who issued it.
Fourth. A reference to the full record, referring to the book and
folio containing it.
Fifth. A statement to the effect that the fees have been paid the
State, if any are due on the instrument or record, or that none are due.
Sixth. Date, surname, and fees.
Seventh. A note shall be made in the margin, in the manner pre-
scribed by Article 252 of these Regulations.
ART. 254. When the instrument is not one transferring ownership
and refers to more than one estate, the ownership shall first be recorded,
and afterwards a full record shall be made of the estate having the
highest value only, or of any of them, if they are equal in value; all
other records shall be made in accordance with the rules of the pre-
Registers shall strictly observe the rules prescribed in the preceding
articles for making full or brief records, as may be proper, whenever
the record or entry of two or more estates or rights is requested by
virtue of a single instrument.
When the first entry requested relating to an estate or property right
is a cancellation, article 455 of these Regulations shall be observed.
ART. 255. All amounts and numbers mentioned in records, cautionary
notices, cancellations, and entries of presentation, shall be written out
ART. 256. Whenever several estates or property rights are mortgaged
in one instrument, a full record shall only be made in the special Reg-
istry of the estate which bears the greatest incumbrance according to
the instrument, or of any of them if they are equally encumbered.
Other records shall be made with the conciseness required by Article
234 of the law, stating the special details for this purpose required by
Article 253 of these Regulations.
When, through the fault or negligence of the Register, some real
estate has been mortgaged by a person not having a right to create the
mortgage, or without sufficient authority to do so, even when the con-
tract has been subsequently ratified by a person legally capable, the
record for this reason shall be null, and it shall be officially canceled,
no fees being required, without prejudice to the liability of the Register.
ART. 257. When the instrument by virtue of which a cancellation is
requested embraces several property rights or estates, situated within
the jurisdiction of the Registry, it shall be recorded by making the
proper entry, with the details required by Article 157, in the Registry
of the estate in which the full entry of the ownership or property right
which is to be canceled had been made.
To make the cancellation appear in the other estates embraced in the
same instrument, the Register shall make the marginal note required
by Article 158, also making a brief reference to the kind and date of
the document, the names of the parties thereto, and of the authority or
Notary who issued it.
ART. 258. The Registry shall be open for six hours on all working
days, the office hours being previously fixed by the Register with the
approval of the Delegate, and being announced in the Gazette of the
proper island, in the official newspaper of the province, if there be any,
and by means of posters fixed on the door of the office of the Registry.
The days which are holidays for inferior and superior courts shall
be considered as such for the Registries.
ART. 259. Registers shall not admit any document for record in the
Registry, nor shall they make any entry of presentation, except dur-
ing the six hours fixed in the preceding article; but at other times
they may perform any other duties proper to their office.
ART. 260. When the hour for the closing of the Registry has arrived,
the Register shall, on the line immediately following the signature of
the last entry in the Day Book, make the closing memorandum required
by Article 242 of the law, in the following terms:
It being (here the time) p. m., which is the hour fixed for closing, the Day Book
is closed with (so many) entries made this day, embracing those numbered to
- (or), no entries having been made this day. (Date and signature of the Begis-
ART. 261. All instruments which are presented in the Registry for
the request of any record or entry whatsoever, shall be entered in the
ART. 262. In no case whatsoever shall the provisions prescribed in
the preceding article be violated, even when it is seen that the instru-
ment presented lacks some legal requisite.
When two contradictory instruments are presented at the same
time, relating to the same estate, two entries shall be made in the Day
Book, one after the other, numbered in their proper order, stating in
each one that another relating to the same estate was presented at the
same time, and stating the number which has been or is to be given to
If neither of the respective instruments should captain a defect pre-
venting the compliance with the request, the proper entry of each one
shall be made, stating that this has been done because another instru-
ment relating to the same estate having been presented at the same
time, it is not possible to make the record, or, in a proper case, to enter
the notice, until the persons interested or the Courts decide which
record is to have preference.
In the margin of the proper records and at the foot of the documents
a memorandum shall be made stating what has been done.
The documents shall be returned to the persons or the official from
whom they were received, so that the former may make use of his right,
if he should wish to do so, and the latter, in a proper case, may issue
the decree he may consider advisable.
The entry made shall lapse at the end of the period fixed in Article
96 of the law, if within said period the interested persons do not prove
by means of a written petition, ratified before the Register, that they
have agreed to allow one of the entries to have the preference, or that
no judicial proceedings will be instituted to obtain a declaration of
preference. Should they come to an agreement, the Register shall
consider the statement made by the interested persons and shall file
the petition in the proper package. If, on the contrary, a suit is insti-
tuted, the claimant shall request that a cautionary notice be made of
the claim, and after thQ necessary mandate has been issued by the
Register, the latter shall enter the notice, making at the margin of the
one previously entered a note of reference, drafted as follows:
A mandate for the cautionary notice of the claim instituted by as appears
from entry letter -, folio -, and book -, having been presented this -
day, the adjoining entry continues effective until a final judgment shall have been
The final judgment rendered shall be recorded in the Registry, con-
verting the one which had been previously made, according to its
terms, into a definite record or cautionary notice.
ART. 263. The entries of presentation referred to in Article 261
'shall be made immediately on the presentation of the instruments, it
not being permissible to postpone them to the following day, even when
the parties interested consent thereto.
ART. 264. Neither shall the recording of said entry be interrupted
after it has been once begun, even if other instruments are presented
for record during this time, except to make a memorandum of the time
they are presented.
Records already commenced must be finished even if the hour for
closing has arrived.
ART. 265. Only one entry of presentation shall be made of each
instrument, notwithstanding that several records must afterwards be
made by virtue of said instrument.
Neither shall more than one entry of presentation be made when
several instruments are presented to make up a single record.
ART. 266. Registers shall state, under their responsibility in the
entry of presentation, the details mentioned in Article 240 of the law,
and they may add, whenever they consider it advisable, any other
details which will assist in distinguishing the instruments presented
from any similar ones the record of which is also demanded.
ART. 267. To state in the entry of presentation the details required
by Article 240 of the law, the rules prescribed for records shall be
observed, in so far as they are applicable.
The situation of the estate shall be stated, if it is rural, by the dis-
trict, subdistrict, or place in which it is situated, and if it is town
property, by the name of the town, that of the street, square, or ward,
and its number, should it have any.
Along the side of the signature of the Register, the person present-
ing the instrument shall affix his own, no matter what kind of instru-
ment it is, and if he fails to do so, a witness shall sign. For this pur-
pose, when the record is requested by authorities who do not reside
where the Registry is situated, they shall forward the instruments to
any of their subalterns who reside in that place, and in their absence,
to the representative of the Department of Public Prosecution, so that
the latter may present the instrument.
ART. 268. After the proper record has been made in the book of the
Registry, a memorandum in the following terms shall be made at the
margin of the entry of presentation:
The record (cautionary notice or cancellation) referred to in the adjoining record
in volume of the municipality -, folio -, estate number -, record num-
ber -, has been made. (Date and surname of the Register.)
ART. 269. After the entry of presentation has been made, the Regis-
ter shall deliver to the person who presented the instrument a reciept
for the same, should he request one, in which he shall state the kind of
instrument presented, the date and hour of its presentation, the vol-
ume and folio containing the record, and the number of the latter.
The Register, in returning the instrument after the entry has been
made, shall take up the receipt he may have given therefore, and in its
absence he may request that one be given him for the return of said
ART. 270. In order that the officials, clerks,and assistants of the Reg-
istry may sign the entries of presentation iAe capacity of witnesses,
the Register must state, under his responsibility, that at the time of
making them it was not easy to find other persons in the town who
might sign as witnesses.
ART. 271. Whenever a Register suspends the record or entry of some
instrument, or the cancellation thereof, he shall return it to the person
presenting it, but making a memorandum thereon stating-
The record of this document has been suspended (briefly stating the reason for
the suspension), as appears from the cautionary notice of such date contained in
volume of the Registry, folio -. (Date and signature of the Register.)
ART. 272. The memorandum which, in accordance with Article 244
and the second paragraph of Article 249 of the law, the Register must
affix at the foot of instruments, shall be drawn in the following terms,
according to what has been done by virtue thereof in the Registry.
If it has been recorded:
The foregoing document has been recorded at folio of volume of the
municipality of estate number -, record number (Date, signature,
If a cautionary notice has been requested and made:
A cautionary notice has been made of the foregoing document at folio -,
volume of the municipality of- estate number -, record number .
(Date, signature, and fees.)
If a record has been requested and on account of some error con-
tained in the instrument a notice has been entered at the request of
the party interested:
The record of the foregoing document has been suspended on account of the fol-
lowing defect (or defects), and in the meantime a cautionary notice has been
made at folio of volume of the municipality of estate number ,
notice letter -. (Date, signature, and fees.)
If a cautionary notice ordered by a judicial mandate can not be made
for good reasons, and in place thereof a memorandum of suspension has
The cautionary notice ordered in the preceding mandate has been suspended,
-because it contains the defect --- (or defects), and a memorandum of suspension
has been made in place thereof at folio of volume of the municipality
of estate number note letter (Date, signature, and fees.)
If the entry which has been made is a cancellation:
The cancellation in accordance with the foregoing document has been made at
folio of volume of the Registry of the municipality of estate num-
ber record of cancellation number (Date, signature, and fees.)
When there is not sufficient space in the instrument presented to
make the memorandum, the Register shall begin it at the foot of the
document with the words or syllables possible, continuing on a sepa-
rate sheet, which must be furnished by the interested persons.
ART. 273. If the entry or record of several estates or rights has been
made, all of which are contained in one instrument, the memorandum
Smae at the foot thereof shall state precisely and laconically what
has been done, noting also at the margin of the description of the
instrument of each estate or right, its number, folio, book, and number
of the record or letter of the entry which has been made regarding the
same, without collecting any fees for these statements.
ART. 274. The Register, after having made in the Day Book the
proper entry of presentation of an instrument which is to be returned
for the correction of some error, according to Article 17 of the law,
shall make the following rubricated memorandum at the foot thereof:
Presented (on such a day), Day Book number -.
If the thirty days referred to in Articles 17 and 19 of said law have
elapsed without the instrument having been taken up, the memoran-
dum shall be made in the following manner:
The record of the above instrument has not been made, on account of the follow-
ing error (or errors) therein, and thirty working days having elapsed without
its having been corrected. (Date, signature, and fees.)
ART. 275. No record or entry shall be made unless the payment of
the taxes on property rights or on the alienation of the property is
proven, if any arise out of the instrument or contract, or the note of
exemption stamped by the liquidating office appears thereon.
The payment of the tax referred to shall be made through the
branches of the Public Treasury or through the Register of property
himself, should he have been delegated for this purpose by the proper
The offices of the Treasury shall issue, besides the proper receipt, a
certificate on stamped official paper, stating the sum received and all
In case records of a single document are to be made in more than
one Registry, such a number of certificates shall be issued as there are
Registries in which it is to be recorded.
The interested parties shall present with the receipt the proper copy
of the certificate of the sum paid, on which the Register shall make a
memorandum with regard to having verified it and found it correct.
If the record is to be made in one Registry only, the Register shall
keep the receipt, making a memorandum of this fact on the certificate
presented to the party interested; and when the document is to be
recorded in several Registries, each Register shall file the copy of the
certificate presented to him, with a memorandum stating that the
receipt is in the possession of the party interested, the latter being
taken up in the last Registry in which the record is to be made, and a
new memorandum made on the certificate remaining in the possession
of the interested party that the receipt has been filed.
ART. 276. The receipts, or, in a proper case, the certificates referred
to in the preceding article, shall be filed in order of their dates, in
numbered packages, after having stated on each one the volume and
folio in which the respective record can be found, its number, and that
of the estate to which it refers.
ART. 277. The entries or memoranda which are to be made in the
books of the Registry of property, by virtue of the documents referred
to in Article 80 of these Regulations, can not be certified to by the sig-
natures of the Registers.
This shall be done by the representative of the Department of Pub-
lic Prosecution, under his responsibility, or, in his absence, by a lawyer
of the subdistrict who has attained his majority, who shall receive the
proper fees therefore in accordance with the Schedule.
ART. 278. In case a Registry does not possess books in which to
make records, or does not possess a Day Book, notwithstanding that
they have been requested of the President of the Audiencia in ample
time, the proper provisional books shall be opened in said Registry,
formed by one or several quires of full sheets of paper, and the num-
ber of pages which may be considered necessary by the Register.
ART. 279. The books which it may be necessary to open, in accord-
ance with the provisions of the preceding article, shall be folioed; on
their pages the margins necessary for any proper memoranda shall be
left; they shall be stamped with the stamp of the Registry, and rubri-
cated by the Register and the Judge of First Instance, who shall also
sign the first page with their fall signature, on which, as a heading,
reference shall be made to said Article 278.
ART. 280. In these provisional books, such entries of presentation,
notices, and marginal notes shall be made as may be proper by virtue
of the instruments presented, in the same manner in each way and
every one of their parts, and with the same effect as if they had been
made in the regular books; but in the provisional books of the Registry
they shall follow each other in the strict order of their dates, without
any pages or intervals being left between them.
ART. 281. Memoranda to the effect that a document has been pre-
sented, entered, or recorded, made at the foot of an instrument in accord-
ance with the provisions contained in Article 244 of the law, and 271
and 274 of these Regulations, shall also be made in accordance with
said provisions, without any other difference than the substitution for
the volume and folio of the stub-book (regular book) of the folio and
number of the provisional one.
ART. 282. The Register, immediately on receiving the proper stub-
books, shall officially inform the Judge of First Instance of the sub-
district thereof, so that on the following day, if it is a working day, the
closing of all the provisional books may take place in the office of the
Registry, after their examination by the Judge to assure himself as to
their having been kept in accordance with the provisions contained in
these Regulations; and, finding them correct, he shall make a memo-
randum at the end of each one, stating the number of records it con-
tains, and that there are no blank spaces, corrections, erasures, nor
interlineations therein, or stating those it does contain, this memoran-
dum being signed by the Judge and by the Register. If the books are
not in conformity with the provisions contained in the preceding articles,
the closing memorandum shall be made notwithstanding this, but
stating therein the defects they contain, the Judge communicating the
same to the President of the Audiencia for the proper proceedings.
When the provisional books are Day Books, the Register, immedi-
ately on receiving the proper official books, shall begin to transfer the
records contained in them to the new books, but without closing the
former immediately, as they must continue open, and such entries made
therein, until all of them having been transferred to the proper stub-
books, the instruments presented for record or entry in the Registry
may be continued therein.
ART. 283. After all the provisional books have been closed, all the
records relating to instruments on file in the Registry or which are
presented, shall be entered in the stub-books; but if said instruments
refer to estates regarding which there is some entry in the provisional
books, said record must first be transferred to the stub-books.
ART. 284. Registers can not issue any certificates referring to entries
contained in the provisional books which have not been transferred to
the stub books.
ART. 285. Said officials shall make the transfer of all the records
contained in the provisional books to the stub books as quickly as
possible, without neglecting current business.
ART. 286. When the transfer has been fully completed, the Register
shall officially give notice thereof to the Judge of First Instance of the
subdistrict, so that, on the day he may fix, the verification of the records
transferred may take place in the office of the Registry; and if itappears
that they have been faithfully and accurately transferred, this shall be
stated by means of a memorandum made in each of the provisional
books immediately after the closing memorandum, which shall be signed
by the Judge and by the Register; and, after this has been done, said
books shall be filed in the Registry and the Register shall communicate
this fact to the President of the Audiencia, who shall communicate it
in his turn to the Registry and Notarial Division of the Colonial De-
ART. 287. In case any Register has been retired from office before
having completed the transfer to the stub books of the records made
in the provisional ones, he must defray any expenses that the person
continuing the transfer may incur thereby. The heirs of a deceased
Register shall, in a similar manner defray, in a proper case, the expenses
incurred by the person making the transfer of said entries.
ART. 288. The parties interested shall, by common consent, fix the
amount of said expenses, and should they not come to an agreement
they shall submit their differences by way of administrative proceed-
ings to the Judge of First Instance, who shall transmit them to the
President of the Audiencia with his report, so that the latter may
decide what he may consider just. This decision shall be carried out
without prejudice to the right of the person who considers himself
injured to institute judicial proceedings. These claims shall never be
an obstacle in the way of the person in charge of the Registry from
making the transfer of the records contained in the provisional books
to the stub books.
ART. 289. When cases occur in which the provisions contained in
Articles 278 and the following have to be applied, Registers may for-
ward to the Registry and Notarial Division of the Colonial Depart-
ment, through the President of the proper Audiencia, the information
showing the cost and increase of work caused by this exceptional serv-
ice, so as to embrace it in their reports for any purpose they may
CORRECTION .OF ENTRIES IN REGISTRIES.
ART. 290. Whenever a Register shall observe that some material
error has been committed in any records or entries which he can him-
self correct, in accordance with Article 254 and the second paragraph
of 256 of the law, he shall do so, making a new record at his own
expense and under his responsibility in the same book and with the
This correction must be made, even when the record to be corrected
has already been canceled.
When in making a record a word is incorrectly written, for example,
Banga for Batangas, legatees for legatee, mortgagor for mortgage, etc.,
and it is observed at the time, it may be corrected at once without
making a new record, in the following manner: I mean Batangas, I
mean legatee, I mean mortgages, placing it in parentheses. With the
exception of these cases and other analagous ones, the general rule
shall be followed.
ART. 291. If the error has been committed in a record, cautionary
notice, or cancellation, the correction shall be made in the following
(In the margin:) Correction of record number (or) of the cautionary notice
in favor of-- letter (after the number corresponding to the record). The
words (state here the words) of the record (or cancellation) number (or of the
cautionary notice in favor of letter -) being incorrect (or omitted) and the
instrument being on file in the Registry, I correct it in the following manner: (Here
the corrected record, underlining the new or amended words which it contains.)
ART. 292. If the error has been committed in some entry of presen-
tation or marginal note, the correction shall be made by means of a
new entry in the margin of which, if it is possible, and otherwise, as
closely thereto as practicable, the following words shall be written:
For the correction of the entry number .
Should the entry not have any number, the folio, the name of the
person in whose favor it has been made, and the letter, should it bear
any, shall be written in place thereof.
ART. 293. If the error committed is one which can not be corrected,
without the formalities prescribed in Article 256 of the law, the
Register shall, in writing, request the appearance of the person inter-
ested, who must have the instrument in his possession, so that, by
exhibiting it and in his presence, the correction may be made.
ART. 294. Should the party interested not appear on the second
invitation, or if he does appear he should oppose the correction, the
Register shall apply by a communication to the Judge of the subdis-
trict, so that he may order it corrected; and the latter, hearing the
party interested in the manner prescribed f9o the creation of legal
mortgages, or declaring him in contempt should he not appear, shall
issue a decree refusing or ordering that the correction be made by
virtue of the instrument in possession of the person interested and
which has been presented, or ordering that a certified copy be officially
made of the part of the instrument necessary to decide as to the cor-
rection, if said instrument is not presented.
The costs of the proceedings shall be defrayed by the Register, and
those for the preparation of the certified copy by the person interested
who has been declared in contempt.
ART. 295. When the Register does not know the residence of the per-
son who has the instrument which is the subject of the incorrect record
in his possession, he shall summon him three times at intervals of thirty
days, through the official newspaper of the province. If said period
has elapsed and he has not appeared, the Register shall apply to the
Judge of the subdistrict, who shall proceed in the manner prescribed
in the foregoing article.
ART. 296. In the case mentioned in the two foregoing articles the
correction shall be made in the manner prescribed in Article 291, but
suppressing the words "the instrument being on file in the Registry,"
and inserting in their place:
N., the person interested therein, having been summoned and having shown me
the instrument, in conformity therewith, or, by virtue of a decree of issued
in I correct said record, etc.
When the correction is made by virtue of the new certified copy of
the instrument, mention thereof shall also be made.
The certified copy shall be filed in the proper package.
ART. 297. When the Register observes any error of judgment of
those mentioned in No. 1 of Article 255 of the law, and if he
believes that someone might suffer damage thereby if it is not cor-
rected, he shall summon all the persons interested in the incorrect
record for the purpose of informing them as to the error committed,
and consulting their wishes as to the proper correction.
If all of them appear and unanimously agree to the cori on, their
agreement shall appear by a memorandum made by the Register, who
shall sign it, together with the parties interested, and the proper record
shall be made in virtue thereof. This memorandum shall be filed in
the proper package of the Registry.
ART. 298. Any of the parties interested in a record, who may observe
a material error or an error of judgment therein, may, with the con-
sent of the others, request the register to correct it; and should the
latter not consent thereto, or any of the interested parties oppose it,
he may submit a similar petition to the Judge of the subdistrict, pro-
ceeding in such case in the manner prescribed in Article 294.
ART. 299. The Judge shall declare, and the Register shall recognize,
if proper, the error of judgment only when there is no doubt as to its
existence, in accordance with the rule established in Artile 26Q0 of the
law; and in this case the correction shall be made in virtue of a new
record, in accordance with the original instrument.
ART. 300. When the error is caused through a vague and incorrect
statement of a part of the instrument, which was construed by the Reg-
ister in a manner differing from the understanding of the parties inter-
ested, the Judge of the subdistrict shall not declare said error, nor shall
the Register correct it; but the right of the parties shall be reserved to
have the interpretation of the contract judicially declared, or to make
a new one in which the doubtful part shall be stated with greater
ART. 301. After the correction of a record, cautionary notice, or can-
cellation has been made, the entries referring thereto in the other books
shall also be corrected if they are also incorrect.
This correction shall also be made by means of a new record in the
manner prescribed in Article 292.
ART. 302. The correction of an error of judgment shall be made in
the same manner as that of a material error, but citing, instead of the
words which have been materially mistaken, the entire clause which is
to be corrected. Thus, instead of the incorrect words," shall be
written: The following phrase is incorrect," etc.
ADMINISTRATION AND INSPECTION OF REGISTRIES.
ART. 303. The Registry and Notarial Division, established by Arti-
cle 265 of the law, shall be divided into three Bureaus, to be called-
the first, of Registries and Civil Marriages and Mercantile Registry;
the second, Registry of Property and of Statistics; the third, the
Notarial. Notwithstanding this division of bureaus, the Secretary may
require of the Chief, or of the Bureaus of the Division, provisionally
or permanently, any other services or labors for which it is advisable
to use the services of their clerks. The Chief of the Division and the
two officials thereof shall be in charge of the Bureaus, assisted by the
necessary clerks and copyists.
The Chief of the Registry and Notarial Division shall submit to the
decision of the Secretary all questions which require his approval, and
shall himself issue the decisions which do not require it, in accordance
with Article 268 of the law.
In case of absence, sickness, or for any other reason accidentally
preventing the Chief of the Division from discharging his duties, he
shall be substituted for all legal intents and purposes by the official
thereof designated by the Secretary.
ART. 304. Presidents of Audiencias shall communicate directly with
the Division and shall comply with the orders they may receive from
the same in all that relates to the matters submitted to them.
ART. 305. The roll of the officials of the Division referred to in Article
266 of the law shall be annually published in the Gazette.
When to fill some vacancy in the position of copyist there are two
receiving the same salary and of the same standing in the next lower
class, their order on the list shall decide as to the preference.
The officials of the Division who are forced to leave their duties on
account of the suppression of the positions they were filling shall
receive the same places, should they be reestablished.
ART. 306. The office regulations shall determine the duties of the
employees of the Division and all that is necessary for a prompt and
accurate discharge of business.
ART. 307. To hold the competitive examinations for the positions of
assistants of the Registry and Notarial Division of the Colonial Depart-
ment in the case mentioned in Article 266 of the law, the following
rules shall be observed, which shall be embraced in each call:
First. The examinations shall be advertised in the Gaceta de Madrid
at the proper time.
Second. The applicants shall present their petitions to the Registry
and Notarial Division of the Colonial Department within the period of
sixty ordinary days, computed from the day following the publication
of the announcement, accompanying thereto at the same time the
document showing that they possess the qualifications required by
Article 288 of the law, and that they are not embraced in any of the
cases mentioned in Article 299 of the same.
Should the applicants not have the title of lawyers, they shall pre-
sent a certificate of the Secretary of the University, stating that they
possess the necessary qualifications to obtain said title, it being under-
stood that they must have obtained the latter before being appointed.
In announcing each competitive examination, the Division shall state
the documents necessary to prove the other details required by this
rule. The applicants may also present all documents swing their
merits, services, and circumstances.
On the day following the period mentioned, the Divisioni hall trans-
mit to the Gaceta de Madrid, for publication therein, a list or statement
containing the names of all the applicants.
Third. The Chief of the Division shall declare all the applicants eli-
gible to take part in the examination who may have fulfilled the req-
uisites mentioned in the preceding rule, within the period of the call,
and shall refuse the applications of all the rest, and publish in the
Gaceta a list of the persons admitted. Against this decision there
shall be no remedy whatsoever.
Fourth. The Board of Examiners shall be composed of: The Chief
of the Division, or the person discharging his duties, who shall be
President of the same; an Associate Judge of the Audiencia of Mad-
rid; two Professors of the law branch of the Central University; one
lawyer of the Madrid bar; one Register of property of the first class;
and one official of the Division mentioned, who shall act as Secretary.
The members of the Board shall be appointed by the Colonial Sec-
retary for each examination held, said appointments being published
in the Gaceta de Madrid.
The office of members of the Board in question is honorary and with-
Fifth. There shall be three public examinations--two theoretical and
Sixth. The first examination shall consist of answering twelve ques-
tions selected at random on the following subjects:
Two on Spanish Civil Law.
Two on the mortgage legislation for the Colonies.
Two on legislation regarding Registries and civil marriage in said
Two on notarial legislation of the same.
Two on general colonial legislation.
One on administrative law.
And one on commercial law.
Seventh. The second examination shall consist of writing an essay
on a subject selected at random from among one hundred on the fol-
lowing matters: Spanish Civil Law; Mortgage legislation for the Colo-
nies; legislation relating to Registries and civil marriage in said
provinces; the Notarial legislation of the same; Administrative law;
Commercial law, and general colonial legislation.
Eighth. The practical examination shall consist of preparing papers
on mortgage legislation, Registry, or civil marriage or the Notarial
law, and stating the proper proceedings. For this purpose the Divi-
sion shall prepare twenty subjects relating to the same number of
Ninth. Whenever a call for a competitive examination is published
in the Gaceta de Madrid, a list of three hundred questions for the first
examination shall be published immediately following it and the hun-
dred subjects relating to the second.
Tenth. The Board shall announce in the Gaceta, and fifteen days in
advance, the locality, days, and hours on which the examinations are
Eleventh. On the day fixed for the commencement of the examina-
tion, the Board shall publicly draw by lot to determine the order in
which the applicants shall be called up for each examination.
If, after a competitor has been called, he does not appear at the hour
fixed, his turn shall be taken by the one having the number imme-
diately following, and the former shall receive a new number following
the last number issued.
If, at the second call, he should not appear, he shall be considered
as having abandoned the examination.
Twelfth. The competitor shall begin the first examination by draw-
ing by lot the twelve questions mentioned in rule No. 6, which he shall
answer verbally, without ever being permitted to employ more than one
hour and a half for this purpose.
Thirteenth. For the second examination, one of the competitors shall
draw by lot the only theme which is to be the subject of the essay,
which must be written in the own handwriting of the competitors
within the period of twelve hours at the most, being constantly watched
by a member or the Board, and being permitted to make use of books.
After the essay has been completed, they shall deliver it to the
member of the Board present, who, in the presence of the competitors,.
shall inclose it in an envelope, sealing it with sealing wax, the person
interested placing his signature thereon.
On the day fixed by the Board, the competitor who wrote the essay
shall read it. Should any of them not be able to do so, he shall state
the reasons preventing it to the Board, who shall decide as may be
proper, according to the particular cases.
Fourteenth. The practical examination shall be held by the com-
petitors on the subject which one of them has previously drawn by lot,
proposing the proceedings to be taken thereon, and completing it
within the period of eight hours, during which time they shall be
watched in the manner prescribed in the preceding rule, but being
permitted to use books.
After the paper has been concluded, they shall deliver it to the
member of the Board present. On the day fixed by the Board this
paper shall be read.
Fifteenth. The Board shall see that at least half of the questions to
be included in the first examination are deposited each day in the box.
Sixteenth. The Board shall not give any advice nor ask any questions
of the competitors concerning the subjects of the examinations, with
the exception of the right of the President in the discharge of his
Seventeenth. After each of the three examinations, the Bo rdshl
classify the competitors in secret session.
The competitor who shall not have passed any of the examinations
can not take the following ones.
A list of the applicants who shall have passed each examination
shall be exhibited in the building where they take place, consecutive
decisions being announced in the same manner.
Eighteenth. At the conclusion of the three examinations, the Board
shall prepare a list, in which all the competitors who shall have passed
shall be placed in order of merit. This order shall.be fixed by a special
vote, held for each place, each voter depositing a slip of paper in a box,
containing the name of the person who, in his judgment, in entitled to
the number voted on.
Nineteenth. The votes shall always be secret.
The classification shall be decided by the majority of votes.
In case of a tie, the President shall cast the deciding vote.
Twentieth. The Board shall propose for the vacant places, which
were announced to be open to competition, and for the places which are
vacated before the conclusion of the examination, those competitors
who obtained the first numbers, so that the position of the highest
class and salary shall be filled by No. 1, the following one by No. 2, and
Twenty-first. The President shall submit to the Colonial Secretary
the names of the persons proposed for each place, so that the appoint-
ment may be made.
Twenty-second. The Board can not act without the presence of at
least five of its members. Judges who for any reason whatsoever have
not taken part in the first examination of the contest, can not take part
in the voting.
Twenty-third. The proper minute book, rubricated by the President
and signed by the Secretary, shall be kept, who shall transmit it to the
Registry and Notarial Division of the Colonial Department at the con-
clusion of the examinations.
ART. 308. Competitive examinations for the positions of copyists of
the Registry and Notarial Division of the Colonial Department, in the
case mentioned in Article 266 of the law, shall be subject to the follow-
First. To take part in the competitive examinations it is necessary
to be a Spaniard and a layman, over twenty years of age, and of good
Second. The applicants shall present their requests to the Registry
and Notarial Division within the period of fifteen ordinary days, com-
puted from the day following the publication of the announcement,
transmitting at the same time a certified copy of the certificate of birth
or, in a proper case, the certificate of baptism, and a certificate of
status (whether married or single) and of good conduct, properly dated
by the Mayor of the town of the domicile of the person interested.
They may also present all documents showing their merits, services,
Third. The Board of Examination shall be composed of the Chief of
the Registry and Notarial Division, or the person discharging the duties
of that office as President, and two professors of penmanship in public
educational institutions, whom the Secretary shall appoint for each
examination, the one who has been appointed last discharging the
duties of Secretary.
Fourth. There shall be two public examinations, one practical and
one theoretical. The first examination shall consist of three subjects,
namely, grammar, elementary arithmetic, and writing. The second
examination shall consist in answering two questions selected by lot
and referring to the geography of the Colonies.
Fifth. The subjects for the second examination shall be made public
at the time of the call.
Sixth. For the first examination the Board shall require each com-
petitor to read a paragraph of Spanish prose, which he shall analyze.
At the conclusion of this part of the examination by all of the com-
petitors, they shall simultaneously take part in the second and third
parts of the examinations, some arithmetical problem being given by
the Board for solution by the competitors, immediately thereafter requir-
ing them to write from dictation in their ordinary handwriting, and to
copy the draft which shall be given them, in Spanish writing, for half
an hour, and in the different kinds of writing they may be acquainted
with for another half hour. After this work has been signed it shall
be delivered to the Board for their determination.
Seventh. The competitors shall draw by lot the two questions pre-
scribed in rule number 4 for the second examination, which shall be
Eighth. The Board shall not hold any sessions without the presence
of two members. Any member who, for any cause whatsoever, has not
taken part in the oral examination of any of the competitors, can not
take part in the voting.
Ninth. The last paragraph of rule 2 of the preceding article, and
rules 1, 3, 10, 11, 16, 17, 18, 19, 20, 21, and 23 of said article shall be
applicable to these competitive examinations, and shall be published
in each call, together with the provisions contained in this article.
Whenever a President of an Audiencia shall select from among
several Judges or subdistricts or municipal Judges in accordance with
Article 269 of the law, the person who is to be delegated to the inspec-
tion and surveillance of the Registry in a town where there is more
than one Court of First Instance, or, in a proper case, more than one
inferior municipal court, or must delegate an Associate Judge to make
an extraordinary inspection within or outside of the jurisdiction of the
Audiencia, he shall make the appointment in writing, contmunicatlng
it to the Register and to the appointee. In the same manner, for the
purpose of making an extraordinary inspection, the Judge of First
Instance, or, failing him, the municipal Judge of the subdistrict in
which the Registry is located, may be delegated.
ART. 310. For the inspection and visit of Registries, the President of
the proper Audiencia shall communicate to the Delegates such instruc-
tions, in writing, as he may deem necessary, which must be strictly
observed by them, they being responsible for any omission or error in
ART. 311. The persons delegated for the inspection of a Registry
shall make the quarterly inspection by going to the Register's office,
accompanied by the Secretary of the proper inferior Court, but not
during the hours fixed in each office for the public service. The Dele-
gate shall examine all the books kept by the Register, the documents
which are awaiting entry, and the condition of the flesh.
The reports of the quarterly inspection shall contain the following
First. The number of documents awaiting record on the day of the
Second. The number of the entries of presentation made during the
quarter, and the dates of the memoranda written in the margin thereof.
Third. A statement that these are signed by the Register and by the
person interested, and the number which are signed by the substitute,
or which are not signed at all.
Fourth. Whether any words have been corrected, erased, or inter-
lined in the books since the date of the last inspection.
Fifth. Any omission or lack of formality or superficial defect observed
by the Delegate in the books, documents, or office of the Registry.
Sixth. In cases in which the Register, not having given any bond, is
obliged to deposit a quarter of his fees, the report shall state whether
that part of the fees collected from the date of the last inspection
until five days before the present inspection has been deposited.
If, before the inspection is concluded, the time for opening the Regis-
try arrives, the opening shall be deferred until the inspection has been
concluded, provided it does not exceed two hours more; and after this
time has elapsed without finishing the report, the inspection shall be
deferred until the following day.
If the inspection is not made on the last day of the quarter because
it is a holiday or for any other legitimate reason, the cause of the delay
shall be stated in the report.
After the report has been made, it shall be signed by the Delegate,
the Register, and the Secretary; the first writing with his own hand in
the margin of the last entry contained in the Daybook, and in the
books of the Registry, the date of the inspection and the word Inspected,
writing his signature immediately thereafter.
He shall send a copy of the report of this inspection to the President
of the Audiencia within three days.
ART. 312. Presidents of Audiencias shall make an extraordinary
inspection, or order one to be made, in the following cases:
First. When it is so ordered by the Division.
Second. In the case mentioned in Article 359 of these Regulations.
Third. When the proceedings mentioned in Article 308 of the law
When the reason for the inspection is that the Registry is vacant, it
shall include the period during which it has been in charge of the last
Register; but if a general extraordinary inspection was previously
made, it shall only include the period which has elapsed since said
In ordering a special inspection to be made, it shall be stated whether
it is to be general or special; stating in the first case what period it is
to include, and in the second the books and documents which are to
be examined and it shall be communicated to the President of the
No matter who is the official who makes the inspection, he must be
accompanied by a Secretary, to be appointed by the authority who
ordered the inspection to be made.
ART. 313. After the Inspector has arrived in the town in which the
Registry is situated, he shall advise the Register, so that the latter
may be in his office on the day and hour fixed by the former for the
beginning of the inspection, taking care that said inspection is made
before or after office hours.
If the person in charge of the Registry should refuse to exhibit the
books or should not be present during the hours fixed for the inspec-
tion, the Inspector shall make a memorandum of this fact and shall
communicate it to the President of the Audiencia for the proper action.
When an inspection can not be concluded on the same day, the proper
memorandum shall be made regarding what has been inspected, which
shall be signed by the Inspector, the Register, and the Secretary.
ART. 314. No matter what informalities and defects may be observed
by the Inspector, they shall be stated in the report without making any
formal charges or remarks to the Register, but without prejudice to
requiring the latter to make the necessary explanations to elucidate
the facts reported.
ART. 315. If after the report of the inspection has been closed the
Register disputes any of the statements made therein, he shall write
his reasons with his own hand immediately following the report, signing
at the foot.
ART. 316. All those who subscribe the report shall be responsible, in
accordance with the laws, for the correctness of the statements made
therein, of those affirmed, as well as of those denied.
ART. 317. The President of the Audiencia shall examine the report,
and should he observe any difficulties or irregularities caused in some
Registry by legislation in force, on account of the circumstances exist-
ing in different localities, he shall submit a detailed statement thereof
to the Division, so that the latter may propose the proper amendments
to the Government.
ART. 318. The Inspector shall make an inspection and an examina-
tion of the books of the Registry in accordance with the following
First. He shall demand the report made of the last inspection,
whether it was ordinary or extraordinary, and shall enter the order and
decrees issued by virtue of said inspection, or the part thereof which
has been complied with.
Second. He shall examine all the entries in the Day Book included
in the period to be covered by the inspection; and without prejudice to
entering in the report any defects and informalities he may observe, he
must necessarily enter the dates of each one of the entries made during
the past six months and those of the corresponding marginal notes.
Third. After the examination of the Day Book has been concluded
he shall proceed with the examination of the records made by virtue of
said entries of presentation in chronological order, and shall include in
the report any omissions, defects, and irregularities he may observe in
their external form, as well as in their matter, as prescribed by Article
345 of the law and 311 of these Regulations.
Fourth. Besides these details and those ordered in each case by the
Division, the Inspector must include in the report the following facts:
1. Whether the book fulfills the conditions established by Title 6 of
the law, and of these Regulations.
2. Whether the numeration of the estates is correlative for all those
of one municipality or section; or if it is special for each volume of
those composing a municipal district.
3. Whether the records and notices relating to one estate have a
4. Whether there are any intervals or blank spaces in the records.
5. Whether in all records regarding instruments or contracts for
which the tax on property rights or transfer of property is to be col-
lected, the Register has stated the amount collected or that the tax was
6. Whether in all records where it is proper, the amount collected for
fees is stated, or whether any records exist which do not contain said
SART. 319. Besides the foregoing facts, one or more different entries
referring to each one of the following kinds shall be copied in the
report literally, with their corresponding marginal notes:
First. Transfer of ownership of several estates situated within one
municipal district and included in one instrument.
Second. Award of estates to different persons pro indiviso.
Third. Entry of possession of an estate with the entry immediately
Fourth. Sale ordered by the State with the entry of possession which
precedes it, and that of the mortgage which in a proper case follows it.
Fifth. Acquisition of property by virtue of a will.
Sixth. Acquisition of property ab intestato.
Seventh. Acquisition by virtue of specific legacies.
Eighth. Creation of voluntary mortgages on different estates.
Ninth. Creation of annuities (censos).
Tenth. Imposition of servitudes.
Eleventh. Cancellation of a voluntary mortgage.
Twelfth. Redemption of annuities granted by private parties.
Thirteenth. Cancellation of a legal mortgage by reason of guard-
Fourteenth. Notice on account of a lack of indices.
Fifteenth. Suspension of an entry of a writ of attachment.
Sixteenth. Cancellation of a property right recorded in the old Con-
taduria, Anotadria, or Receptoria.
The Inspector shall see, in so far as is practicable, that the entries of
which, according to the foregoing article, a literal copy is to be made,
contain some special circumstance; and if in the period which the
inspection is to cover, there should not be all the kinds of records
enumerated in the foregoing paragraph, a special statement of those
which do not exist shall be made in the report.
ART. 320. After the examination of the books of the Registry of
property has been concluded, the Inspector shall request the Register
to state whether he has any provisional books in his possession, stat-
ing in the report the answer of the latter, and in an affirmative case,
the date of the closing memoranda and comparison. The following
shall also be stated:
First. The date of the closing memoranda made in the books of the
suppressed Contaduria, Anotaduria, or Receptoria of mortgages.
Second. The number of years covered by the Registry of the old
Contaduria, Anotaduria, or Receptoria of mortgages, stating the books
and packages of which it consisted, the state of their preservation,
and the date of their closing memoranda.
ART. 321. The Inspector shall examine-
First. The indices of the old Contaduria, Anotaduria, or Receptoria
of mortgages, as well as those of the new Registry; he shall verify some
of the data they contain, referring to the proper records or entries; he
shall state whether they are kept by years or municipalities, and he
shall make a literal copy in the report of the headings of the columns
of the different indices existing in the Registry.
Second. The book of incapacitated persons, stating the headings it
contains and the last entry made therein, with the record of the Regis-
try to which it refers.
Third. The book of receipts, of which he shall verify some of the
entries it contains, by the proper records in the Registry.
Fourth. The inventory of the books and documents of the office. And,
Fifth. The packages of documents on file, stating in every case the
number of documents contained in each package.
ART. 322. The Inspector shall state in the report the system followed
by the Register in the record of documents, in certifying as to the free-
dom from encumbrances, or to the encumbrances of estates, and in the
preparation of statistics, the number of assistants and their salaries,
and the general condition of the office.
ART. 323. If, during the inspection the official making the same is
informed, verbally or in writing, of some errors, informalities, or frauds
committed in the office, the Inspector shall examine the books of the
Registry for the purpose of stating in the report what may be proper
with reference to the acts complained of
ABT. 324. Registers may demand and file a copy of the report of the
inspection, verified and certified to by the Secretary taking part therein.
ART. 325. The President of the proper Audiencia shall examine the
reports of the inspection, and shall return those which have not been
prepared in the manner prescribed in the foregoing articles, so that they
may be redrawn. When any errors or irregularities appear in some
Registry, he shall issue the orders he may consider expedient to repair
and correct them, without prejudice to any action which may be proper
against the Register. These reports shall be kept in the files of the
ART. 326. The report which said President must transmit every six
months to the Colonial Department, shall contain all the details men-
tioned for reports of inspection with regard to all the Registries under
his jurisdiction. At the same time he shall state any information he
may have obtained with respect to the public and private conduct of
Registers, and regarding the zeal and capacity they show in the dis-
charge of their duties.
The Registry and Notarial Division, in view of said half-yearly
reports, shall decide what may be proper, and enter what appears there-
from in the records of service and personal records of each Register.
ART. 327. A Register who is cautioned in the report of the inspection
to correct some record, or remedy some error in form, shall communi-
cate to the President of the Audiencia, in writing, that it has been
done, as soon as he has doie so, unless, considering the order of the
Delegate improper, he makes the respective protest to said authority.
This fact shall also appear in the report of the inspection succeeding
that in which said error was noted.
ART. 328. Any person who should have knowledge of some defect,
informality, or fraud committed in some Registry, may inform the Presi-
dent.of the proper Audiencia thereof either verbally or in writing.
The President, in view thereof, shall issue any orders he may consider
proper to ascertain the facts of the case, if he considers the complaint
ART. 329. Whenever the President of an Audiencia is advised of
any defects, informality, or abuse committed in some Registry of his dis-
trict, he shall order an extraordinary inspection thereof to be made
ART. 330. The consultations by Registers with Judges of First
Instance and with Presidents of Audiencias, shall always be made in
writing, being limited, in accordance with the provisions contained in
Article 276 of the law, to any doubts they may have as to the interpre-
tation and execution of said law, and of the regulations enacted for its
Doubts and questions which refer to the determination of the legal-
ity of documents by virtue of which a record is demanded, or of the
capacity of the parties thereto, must be decided by the Registers them-
selves, under their responsibility, in accordance with Article 18 of
ART. 331. If Judges of First Instance themselves decide any ques-
tions which, in accordance with the first part of the foregoing article,
ane submitted to them, they shall communicate the questions submitted
to them and their decision to the President of the Audiencia, without
carrying the latter into effect.
If the President of the Audiencia approves them, he shall so inform
the Judge of First Instance, so that they may be carried out; if he
disapproves them, he shall issue an order to this effect, but without
executing it, submitting the same to the Colonial Department for a
In cases of doubt the provisions contained in Article 276 of the law
shall be observed.
Presidents of Audiencias shall proceed in a similar manner when
questions are submitted to them directly by Registers, and they are in
doubt as to their decision.
Decisions of Judges of First Instance and of Presidents of Audi-
encias shall always state their reasons; to the questions they shall
accompany their opinion and report.
ART. 332. Presidents of Audiencias shall submit a report to the
Registry and Notarial Division of all questions decided by them with
reference to the interpretation and application of the Mortgage Law
and its Regulations, and of those in which they approve the decision
of Judges, for which purpose the latter must give them proper infor-
ART. 333. The provisions contained in Article 330 of these Regula-
tions, and in Article 276 of the law, regarding the option of Registers
to submit any doubts they may have to the President of the Aumi-
encia or the Judge of First Instance, shall be construed as meaning
when the former shall reside in the town of the Registry, the question
otherwise being submitted to the Delegate.
PUBLICITY OF REGISTRIES.
ART. 334. The exhibition of the Registry ordered by Article 280 of
the law shall be made at the verbal request of the person interested in
consulting it, provided he clearly states the estate or property rights
whose status he desires to ascertain.
ART. 335. The books of the Registry shall not be exhibited to the
persons who request it, except during the time they are not required by
the Register for the service of the office.
Persons interested to whom the exhibition of books is refused, may
apply to the Delegate, and the latter, after hearing the Register, shall
order what may be proper.
ART. 336. Private persons who consult the Registry may take there-
from any notes they may consider necessary for their own use, but
without copying the entries or requesting any assistance from the office
whatsoever except the exhibition of the books.
ART. 337. Certificates of entries of all classes relating to definite
property shall include all the records of ownership entered in the
respective period, and all records and marginal notes of property rights
to said estates within said period, which are not canceled.
ART. 338. Certificates of entries of a specific kind shall include all
those of the same kind which are not canceled, stating that no others
of the same kind are in existence.
ART. 339. Certificates of records of mortgages against certain per-
sons shall include all those created and not canceled, on all the prop-
erty whose ownership is recorded in favor of said persons.
ART. 340. In the certificates treated of in the three foregoing arti-
cles, and in those the object of which is to show that no entries of a
certain kind exist, those canceled shall only be mentioned when the
Judge or Court, or the persons interested, request it, and in the case
prescribed in Article 292 of the law.
ART. 341. Mandates issued by ordinary Judges and Judge-Advocates
who, in accordance with law, take cognizance of criminal causes which
are tried before military courts, and requests for the issue of certifi-
cates, as soon as complied with, shall be returned to the Judges or
Courts, or to the interested persons, as may be proper.
ART. 342. The requests and certificates shall be written on the proper
stamped paper, in accordance with the rules prescribed for these
ART. 343. In all cases in which, in accordance with the law, the per-
sons interested in the records may complain of the Register to the
President of an Audiencia or to a Delegate, it shall be understood that
they have this option only when the President resides in the same town,
and not when he resides in.a town different from that in which the Reg-
istry is situated.
ART. 344. When the petition of the persons interested, or the man-
dates of the Judges or Courts, do not state with sufficient clearness
and precision the kind of certificates demanded, or the property, per-
sons, or periods which the latter are to cover, the Register shall return
the petitions with a memorandum in the margin stating the data he
considers necessary, and the mandates, with a communication request-
ing said data of the Judge or Court.
The Register shall proceed in a similar manner whenever he is in
doubt as to the property or records the certificate must refer to, not-
withstanding that the mandates or petitions have been drafted with
due clearness, if, on account of any unforeseen circumstance, error or
confusion is feared.
Authorities and public officials who require any certificate shall apply
to the Judge of the subdistrict, who shall issue a mandate ordering the
Register to prepare it without charging any fees therefore, if, the ques-
tion having been examined by said Judge, he believes that it affects
the public service in a direct manner.
ART. 345. If it is not stated in the petition or mandate whether the
certificate is to be literal or in abstract, a literal certificate shall be
ART. 346. Whenever any entry of presentation must be inserted in
a certificate, because the instrument to which it refers is awaiting
record, It shall be copied literally, no matter how the rest of the cer-
tificate is drawn.
ART. 347. Whenever any entry which must be inserted in a certificate
has been corrected by another entry, both shall be literally inserted,
fees being collected only for the entry in force.
ART. 348. Certificates shall be drafted in accordance with the proper
models which accompany these Regulations, with the necessary details,
according to the kind and circumstances of the records therein
ART. 349. Although the records which are to be certified to, refer to
different estates or persons, they shall all be inserted in one certificate,
unless the person interested requests that separate certificates thereof
be given him.
ART. 350. Registers of property can not issue certificates of records
in which they, their wives, or relatives within the fourth degree of
consanguinity or the second degree of affinity, are interested. In such
cases the representative of the Department of Public Prosecution
shall issue the certificate under his responsibility, or, in his absence, a
lawyer of the subdistrict, who has attained his majority, to whom the
Register shall forward the petition, they receiving the proper fees in
accordance with the Schedule.
APPOINTMENT, QUALIFICATIONS, AND DUTIES OF REGISTERS.
ART. 351. Registers shall have the character of public officials for
all legal purposes, but subject to the provisions of these Regulations.
The office of Register is compatible with the practice of law.
ART. 352. Registers shall be treated as "Excellencies" within their
offices and in public instruments, in which they shall occupy the place
immediately below that of the Court of First Instance. They shall
use as an insignia on formal occasions an octagonal medal of silver of
the same dimensions as those used by Judges of First Instance, bear-
ing the Royal Crown and hanging from the neck by an emerald-green
silk ribbon. On the obverse it shall bear the Royal Coat of Arms; on
the reverse an open book surrounded by a ribbon forming a bow,
besides the following inscriptions: Prior tempore potior jure; on the
bow, Register of property, and on the lower part, February eighteenth,
eighteen hundred and sixty-one. On informal occasions they may also
wear their insignia on the lapel of their dress coat, the medal being
reduced to a fourth part of its usual dimensions and hanging to a green
silk cord, like the ribbon, with a white thread at the edges.
AET. 353. Registers to be retired with pension at their own request
when they reach the age of 65 years must apply to the Government
through the President of the proper Audiencia and the Registry and
Notarial Division, by means of a petition ratified before the Judge of
First Instance of the subdistrict, and accompanying therewith a certifi-
cate of baptism or of birth.
ART. 354. A Register who desires to be retired with pension on
account of physical disability must address his petition to the President
of the Audiencia, accompanied by a physician's certificate.
In view thereof, the President shall order the Delegate to have an
investigation made by the Court and two more physicians.
After the investigation has been concluded, the person who made it
must take an oath before the inferior Court, stating in due form:
First. With what disease the Register is afflicted.
Second. If it is of such a nature as to disqualify him from discharg-
ing his duties.
Third. If in their opinion, the disability is permanent.
-In view of this declaration the Delegate shall forward the proceed-
ings to the President of the Audiencia, who shall transmit them with
his report to the Division, which, taking into consideration the proofs
submitted, shall propose that the retirement with pension be granted,
or not, and the Government shall order what it may consider proper.
The Division and Presidents of Audiencias may officially order that
proceedings be instituted for the retirement of Registers when there is
reason to suppose that they are incapacitated, observing the rules
established in the preceding paragraphs.
ART. 355. Petitions for retirement with pension, of officials of the
Division, and those for pensions due them or due Registers and their
respective families, shall be treated in the manner prescribed by gen-
eral legislation for pensions.
ABT. 356. Registers who desire to be placed on the suspension list
shall forward their requests through the Presidents of Audiencias to
the Registry and Notarial Division, stating for what period they desire
it and the reasons therefore, being permitted to inclose the papers they
may consider proper. The Division shall forward the petition to the
Secretary with their report.
For the granting of these requests, the proportion and preference
fixed respectively in the second and third paragraphs of Article 395
shall be taken into consideration. The retention on the suspension list
shall be obligatory for the period requested, which can not be reduced
nor extended in any case. After the period of the suspension has
elapsed the appointment shall be made in the manner prescribed by
Article 389. *
Registers who have been on the suspension list can not again be
placed thereon until four years have elapsed since their return to serv-
ice. Such Registers shall not be included during the time of their
suspension in the rolls of the Corps for the purposes of Article 365.
This article shall be applicable to the officials of the Division, with
the following modifications: The petition shall be addressed to the
Secretary, through the Division; for the purpose of simultaneousness
and preference two separate groups shall be formed-the first by the
Chief, officials, and clerks, and the second by the copyists; although
the former figure on the rolls of the Division for the effects of Article
268 of the law, they shall not be included in the rolls of Registers for.
the purposes of the provisions contained in Article 365 of these Regn-
ART. 357. Registers of property who desire to exchange their places
with each other must address their requests to the Government through
the President of the proper Audiencia.
To permit exchanges, the existence of the following circumstances
shall be necessary:
First. That the persons who desire the exchange are in possession of
Registries of the same class.
Second. That they are not relatives within the fourth civil degree of
consanguinity or legitimate affinity in a direct or collateral line, a fact
they shall state under their responsibility in their petitions.
Third. That good reasons for the exchange exist, and that they are
If the foregoing circumstances obtain, the Division shall forward the
papers in the case, with its report, to the Colonial Secretary for a definite
The Government may agree to an exchange between Registers of
different classes when extraordinary reasons therefore exist, and after
hearing the proper Division of the Council of State, whose report shall
be published in the Gaceta, together with the Royal Decree granting
ART. 358. Registers of property of the Colonies and those of the
Peninsula having been placed on the same basis by the Royal Decrees
of June 27,1879, and November 17, 1890, any exchange requested must
be made in accordance with the following rules:
First. Registers of the Peninsula and of the Colonies who desire to
exchange with each other shall request said exchange both of the
Department of Grace and Justice and of the Colonial Department, in
a petition signed by both persons interested, through the proper su-
perior offices, which, after coming to a decision as to the advisability
of the exchange with regard to the Register under their several juris-
dictions, shall forward the papers in the case, with their report, to the
proper Secretary for a definite decision.
Second. To grant an exchange between Registers of property of the
Peninsula with those of the Colonies the circumstances must be pres-
ent which are required by the rules in force in the Peninsula regarding
exchanges between its Registers and the rules established by Article
297 of the law and 357 of these Regulations.
Third. When an exchange between Registers of different classes is
under consideration, the Sections of the Council of State which report
on the questions to the respective Departments, shall be heard.
Fourth. Exchanges shall be ineffective if either of the Registers does
not take possession of his office within the period provided by the Reg-
ART. 359. As soon as a Delegate receives notice of the vacancy of a
Registry, or the suspension of a Register, he shall order that the repre-
sentative of the Department of Public Prosecution in the subdistrict
take temporary charge of the office, and in his absence or inability
that his substitute take charge. *
In towns where there is more than one inferior Court of First
Instance, the Delegate shall place the Registry in charge of such rep-
resentative of the Department of Public Prosecution as he may con-
The representatives of the Department of Public Prosecution and
the substitutes shall not be required in such cases to give bond.
After the representative of the Department of Public Prosecution
or his substitute has taken charge of the office, the Delegate shall
make an extraordinary inspection, citing the Register, should there be
one, or otherwise his heirs or the persons representing them, in accord-
ance with the provisions contained in Article 312; he shall begin by
entering the facts mentioned in Articles 320 and 321, so that after the
proper report has been made it may be turned over to the temporary
incumbent, without prejudice to continuing the inspection in the man-
ner prescribed in Articles 318, 319, and 322.
ART. 360. Presidents of Audiencias shall appoint temporary Regis-
ters as soon as any vacancies occur, or when they order the suspension
of Registers, or when the temporary Register previously appointed
dies or resigns his office. They shall immediately report these appoint-
ments to the Division, which may confirm them or make others. In all
cases where the reasons for the temporary appointment are known by
the Division before the Presidents of Audiencias have knowledge
thereof, the former may at once make the proper appointments.
Temporary appointments shall be given, whenever it is possible, to
persons who possess the conditions of fitness mentioned in Article 298
of the law, and when it does not appear that they are included in any
of the cases mentioned in Article 299; but they can not be given to
persons who are not lawyers.
Registers of property, who by force majeure are prevented from
exercising their respective duties, and those who have already served
as temporary Registers, shall be preferred for the provisional charge
If the person temporarily appointed by the Division is in the Penin-
sula, he shall embark for his destination by the first official steamer.
ART. 361. When the vacancy in the Registry is caused by the death
of the Register in charge, the Delegate shall advise the President of
the Audiencia thereof, forwarding a list of the lawyers of the sub-
district who may be appointed temporary Registers.
ART. 362. Presidents of Audiencias in advising their Delegates of
the appointments of temporary Registers shall order that, after they
have taken the proper oath, they be given immediate possession, in
accordance with the provisions of Article 359, and he shall designate
the public institution in which the fourth part of their fees shall be
deposited, if they have not previously given bond to the satisfaction
of said President.
ART. 363. Presidents of Audiencias shall order the suspension of
temporary Registers when there is sufficient reason therefore; of these
orders, as well as of vacancies, they shall advise the Division by the
first mail, which may confirm said suspensions, officially order them, in
a proper case, as of their own motion, and order the removal of teni-
porary Registers, when, in proceedings instituted for the purpose, some
offense in the discharge of their duties or in their public or private
conduct is proven; the decision of the Division in all these cases shall
not be appealable.
ART. 364. For filling vacancies in the office of Registers of property,
in accordance with Article 303 of the law, when they are once before
the Colonial Department, the proceedings shall be instituted by the
Registry and Notarial Division for each vacancy. If the vacancy is
to be filled by promotion, an announcement shall be published in the
Gaceta de Madrid, the period of four months being fixed for the filing
of applications, which shall be addressed to the Secretary, through the
Division, by the applicants or their representatives.
This period shall begin to run for the applicants of the Peninsula, as
well as for those of the Colonies, from the day following the publication
of the announcement.
If the vacancy is to'be filled by competition, the call for the exami-
nation shall be published in the official newspaper of the place in which
it is to be held.
When several vacant Registries are announced, the applicants may
include them all in one petition, briefly stating the ones they request
and their order of preference, in a proper case.
The order for the announcement of filling of vacancies in either man-
ner shall be issued within fifteen days from the time they are known
in the Department.
ART. 365. A book shall be kept in the Division for the purpose of
entering therein the order of succession to which any vacancies occur-
ring correspond, a special degree of succession being opened for Regis-
tries of each class.
To determine the order of succession to which each class belongs the
date on which the Division received official notice of the vacancy shall
be taken into consideration.
If official notice of two or more vacancies in the same class is received
on the same day, the order of succession corresponding to each one
shall be fixed by the date on which they occurred, and if they were
simultaneous they shall be determined by the Division.
Vacancies in Registries shall be filled in accordance with the follow-
First. For a Registry to be filled first in order of succession, the
Register shall be appointed from among the applicants who are in the
highest class, and if there are several of the same class, the one who
has rendered the longest service therein, taking into consideration the
limitations mentioned in the first and third rules of Article 303 of the
To compute the length of service in the class, the period previously
served in the same or in a higher class by a person who, after having
descended, returns to the same, shall be taken into consideration, in a
When two or more Registers who make application have a right to
the appointment, being of the same class and having served an equal
period therein, the one who has been in the Corps the longest period
shall be appointed, and if their length of service in the Corps is equal
the Government may select the one it may consider proper.
Second. For a Registry which must be filled second in order of suc-
cession, the Register from among the applicants who has served the
longest period in the Corps and is not included in rule number 3 of
Article 303 of the law, shall be appointed.
Third. When the Registry must be tilled third in order of succession,
the Division taking into consideration the circumstances of the Regis-
ters making application and observing the provisions contained in
rules 2 and 3 of Article 303 of the law, shall prepare the proper list
and shall forward it to the Government, so that it may select that one
of them who is to be appointed.
The Colonial Department shall publish in the month of January of
each year two rolls of the Corps of Registers, one in order of service
in the classes and the other in order of service in the Corps.
For the purpose of this Article the Chief of the officials of the Divis-
ion shall be classed as Registers of the first class; the first and second
Assistant as Registers of the second class, and the third Assistant as
a Register of the third class.
When the officials of the Division apply together, if they should have
a right of preference over the other applicants of the class of Registers,
the order corresponding to them in accordance with their special graded
rolls, shall be observed.
The Department of Grace and Justice shall give information in regard
to the length of service and class of the applicants from the Peninsula.
ART. 366. The competitive examinations lir Registries of property,
in the case mentioned in Article 303 of the law, shall be subject to the
1. The call shall be made by the Registry and Notarial Division of
the Colonial Department, or by the President of the proper Audiencias,
as soon as, the vacancy having occurred, said Division has decided in
what order of succession it is to be filled, and it shall be published in
the proper official Gazette.
2. The Board of Examiners, when the examinations are to be held in
Madrid, shall consist of:
The Chief of the Registry and Notarial Division of the Colonial
Department, or the person discharging his duties, who shall be the
President; one Professor of Law; one Register of property; one lawyer
and one official of the Division, who shall act as Secretary, all of them
being appointed in accordance with a Royal order, by the Colonial Sec-
retary, for each examination held.
The Board of Examiners, when the examinations are to be held in
the Colonies, shall be composed of:
The President of the Audiencia, or, in his stead, the President of
the Chamber, who shall preside; the prosecuting attorney of the
Audiencia, or, in his place, the assistant prosecuting attorney; an
attorney of the bar of the capital, appointed by the President of the
Audiencia; the Dean of the Notarial College, or the Notary who sub-
stitutes him, and a Register of property of the Colony, to be appointed
by the President, who shall act as Secretary.
The appointments of the members to constitute the Board shall be
published in the proper official Gacetas.
The office of a member of the Board in question shall be honorary
and without pay.
3. The first examination shall consist in answering twelve questions,
drawn by lot and relating to the following subjects: Four to Mortgage
Legislation; three to Civil Law; one to Notarial Law; one to Com-
mercial Law; one to Administrative Law; one to legislation regarding
the tax on transfers of property and property rights, and one to judicial
The second examination shall consist of preparing an essay on a
subject drawn by lot from among 85 contained in a bag, relating to
Mortgage Legislation, Notarial Legislation, Civil Law, and Commercial
The practical examination shall consist of doing all the work required
to record a document, or to refuse to record it, or to suspend an entry.
4. For each competition the Division shall publish the proper list of
three hundred questions for the first examination and of 85 subjects
for the second, and shall take care to forward the same in due time to
the proper authorities.
5. For the third examination, one of the competitors shall select a
number from among ten, relating to the same number of practical cases;
and, in view of the facts, of which a copy shall be given each one of
the competitors, they shall execute, within the period of eight hours