Excerpt from Translation of General Regulations for the Execution of the Mortgage Law for Cuba, Puerto Rico, and the Philippines

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 reestablish 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.

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