Académique Documents
Professionnel Documents
Culture Documents
5.
6.
EO
469,
1981
NLTDRA
Memorandum
Circulars,
September
30,
1988)
Land
Registration
Authority
(LRA)
It
is
the
agency
of
the
government
charged
with
the
efficient
execution
of
the
laws
relative
to
the
registration
of
lands,
and
is
under
the
executive
supervision
of
the
Department
of
Justice.
The
authority
is
headed
by
an
administrator
and
is
assisted
by
two
deputy
administrators,
all
of
whom
are
appointed
by
the
President
of
the
Philippines
upon
recommendation
of
the
Secretary
of
Justice.
Functions
of
the
Authority:
o Extend
speedy
and
effective
assistance
to
the
Department
of
Agrarian
Reform
(DAR),
the
Land
Bank,
and
other
agencies
in
the
implementation
of
the
land
reform
program
of
the
government.
o Extend
assistance
to
courts
in
ordinary
and
cadastral
registration
proceedings;
and
o Re(?):
the
central
repository
of
records
(CRR)
relative
to
original
registration
of
lands
titled
under
the
Torrens
System,
including
subdivision
and
consolidation
plans
of
titled
lands.
Register
of
Deeds
(ROD)
The
officer
of
the
Register
of
Deeds
constitutes
a
public
repository
of
records
of
instruments
affecting
registered
or
unregistered
land
and
chattel
mortgages
in
the
province
or
city
wherein
such
office
is
situated.
Ministerial
Character
of
Duty
to
Register
Instrument
Sec.
10
of
PD
1529
It
shall
be
the
duty
of
the
Register
of
Deeds
to
immediately
register
an
instrument
presented
for
registration
dealing
with
real
or
personal
property
which
complies
with
all
the
requisites
for
registration.
He
shall
see
to
it
that
said
instrument
bears
the
proper
documentary
and
science
stamps
that
the
same
are
properly
cancelled.
If
the
instrument
is
not
registrable,
he
shall
forthwith
deny
registration
thereof
and
inform
the
presentor
of
such
denial
in
writing,
stating
the
ground
or
reason
therefor,
and
advising
him
of
his
right
to
appeal
by
consulta
in
accordance
with
Section
117
of
this
Decree.
B. Purpose
of
Land
Registration
1. To
avoid
possible
conflicts
of
title
in
and
to
real
property,
quiet
title
of
land,
to
put
a
stop
forever
to
any
question
of
the
legality
of
the
title.
2. To
facilitate
transactions
relative
thereto
by
giving
the
public
the
right
to
rely
upon
the
face
of
the
Torrens
certificate
of
title
and
to
dispense
with
the
need
of
inquiring
further,
except
when
the
party
concerned
has
actual
knowledge
of
facts
and
circumstances
that
should
impel
a
reasonable
cautious
man
to
make
such
further
inquiry.
3. To
protect
the
owner
of
the
land
from
acquisitive
prescription.
C. Lands
Capable
of
Being
Registered;
Non-Registrable
Properties
Classification
of
Lands
1. Under
the
Constitution
a. Alienable
and
Disposable
Lands
of
Public
Domain
i.
Agricultural
ii.
Industrial,
Commercial,
and
Residential
iii.
Education
and
Charitable
Purposes
iv.
Reservation
for
town
sites
and
for
public
and
quasi-public
purpose
b. Forest
c. Mineral
2. Under
the
Civil
Code
a. State
i. Public
Dominion
(land
which
are
for
public
use,
public
service,
and
development
of
the
national
wealth)
ii. Patrimonial
Property
b. Private
Property
Lands
Capable
of
Being
Registered:
1. Private
Land
2. Public
agricultural
land
to
which
claimants
have
acquired
imperfect
or
incomplete
title
within
the
contemplation
of
Sec.
48
of
Commonwealth
Act
No.
141
3. Disposable
public
lands
to
which
no
one
has
acquired
imperfect
title
disposed
by
homestead,
administrative
legislation
(free
patent),
sale,
donation,
exchange,
and
lease.
Reviewer
Non-Registrable
Properties
1. Those
devoted
to
general
public
use
2. Those
devoted
to
public
service
and
for
development
of
national
wealth
3. Forest
or
timberlands,
public
forest,
forest
reserves
4. Mangrove
swamps
5. Mineral
lands
6. Foreshore
land
and
seashore
7. Navigable
rivers,
streams
and
creeks
8. Lakes
9. Military
reservations
10. Other
kinds
of
reservations
(Townsites
Reservation)
11. Watershed
12. Grazing
lands
13. Previously
Titled
Lands
14. Alluvial
deposit
along
river
when
man-made
II.
Land
Registration
Proceedings
- it
is
an
action
in
rem,
which
will
bind
third
persons
and
a
notice
to
the
whole
world.
A. Judicial
Mode
1. Kinds
1.1 Original
Land
Registration
(OLR)
Section
14
PD
1529
Who
may
apply?
The
following
persons
may
file
in
the
proper
Court
of
First
Instance
(CFI)
an
application
for
registration
of
title
to
land,
whether
personally
or
through
their
duly
authorized
representatives:
(1) Those
who
by
themselves
or
through
their
predecessors-in-interest
have
been
in
open,
continuous,
exclusive,
and
notorious
possession
and
occupation
(OCEN
poss.
&
occ.)
of
alienable
and
disposable
land
of
the
public
domain
under
a
bona
fide
claim
of
ownership
(good
faith)
since
June
12,
1945,
or
earlier
Case:
Republic
vs
CA
Naguit
Case
The
more
reasonable
interpretation
of
Section
14(1)
is
that
it
merely
requires
the
property
sought
to
be
registered
as
already
alienable
and
disposable
at
the
time
the
application
for
registration
of
title
is
filed.
If
the
state,
at
the
time
the
application
is
made,
has
not
yet
deemed
it
proper
to
release
the
property
for
alienation
or
disposition,
the
presumption
is
that
the
government
is
still
reserving
the
right
to
utilize
the
property,
hence,
the
need
to
preserve
its
ownership
in
the
state,
irrespective
of
the
length
of
adverse
possession
even
if
in
good
faith.
However,
if
the
property
has
already
been
classified
as
alienable
and
disposable,
as
it
is
in
this
case,
then
there
is
already
an
intention
on
the
part
of
the
State
to
abdicate
its
exclusive
prerogative
over
the
property.
To
prove
that
the
land
subject
of
an
application
for
registration
is
alienable,
an
applicant
must
establish
the
existence
of
a
positive
act
of
the
government
such
as
a
presidential
proclamation
or
an
executive
order;
an
administrative
action;
investigation
reports
of
Bureau
of
Lands
investigators;
and
a
legislative
act
or
a
statute.
VESTED
RIGHT
Where
the
applicant
had
already
fulfilled
all
the
required
requisites
to
register
the
land
or
his
name;
simply
stated,
he
already
acquired
vested
right
over
the
land,
he
may
still
register
title
under
the
Torrens
System
though
the
subject
land
was
subsequently
classified
as
forest
land.
Reviewer
(2) Those
who
have
acquired
ownership
of
private
lands
by
prescription
under
the
provision
of
existing
laws.
Case:
Heirs
of
Malabanan
vs
Republic
Prescription
is
one
of
the
modes
of
acquiring
ownership
under
the
Civil
Code.
There
is
a
consistent
jurisprudential
rule
that
properties
classified
as
alienable
public
land
may
be
converted
into
private
property
by
reason
of
open,
continuous,
and
exclusive
possession
of
at
least
30
years.
With
such
conversion,
such
property
may
now
fall
within
the
contemplation
of
private
lands
under
Section
14(2),
and
thus
susceptible
to
registration
by
those
who
have
acquired
ownership
through
prescription.
Thus,
even
if
possession
of
alienable
public
land
commenced
on
a
date
later
than
June
12,
1945,
and
such
possession
had
been
open,
continuous,
and
exclusive,
then
the
possessor
may
have
the
right
to
register
the
land
by
virtue
of
Section
14(2)
of
PD
1529.
Property
of
the
State
or
any
of
its
subdivisions
not
patrimonial
in
character
shall
not
be
the
object
of
prescription.
It
is
clear
under
the
Civil
Code
that
where
lands
of
public
domain
are
patrimonial
in
character,
they
are
susceptible
to
acquisitive
prescription.
*Ownership
of
real
property
may
be
acquired
by:
1. Ordinary
prescription
of
10
years,
which
requires
?
2. Extraordinary
prescription
of
30
years
?
(3) Those
who
have
acquired
ownership
of
private
lands
or
abandoned
river
beds
by
right
of
accession
or
accretion
under
the
existing
laws.
(4) Those
who
have
acquired
ownership
of
land
in
any
other
manner
provided
for
by
law.
Where
the
land
is
owned
in
common,
all
the
co-owners
shall
file
the
application
jointly.
Where
the
land
has
been
sold
under
pacto
de
retro,
the
vendor
a
retro
may
file
an
application
for
the
original
registration
of
the
land,
provided,
however,
that
should
the
period
for
redemption
expire
during
the
pendency
of
the
registration
proceedings
and
ownership
to
the
property
consolidated
in
the
vendee
a
retro,
the
latter
shall
be
substituted
for
the
applicant
and
may
continue
the
proceedings.
1.2 Judicial
Confirmation
of
Imperfect
or
Incomplete
Titles
(JCIT)
The
applicant
must
prove
that:
a. the
land
is
alienable
and
disposable
public
land
and
b. his
possession
and
occupation
must
be
in
the
manner
and
for
the
period
prescribed
by
law,
or
since
June
12,
1945.
Applicable
provisions;
amendments
1. Sec.
48,
Public
Land
Act,
original
provision
in
bona
fide
possession
since
July
26,
1894
2. RA
1942,
June
22
1957
shortened
the
period
of
possession
to
at
least
thirty
years
immediately
preceding
the
filing
of
the
application
3. RA
3872,
June
18,
1964
added
a
new
section
recognizing
rights
of
cultural
minorities
to
be
entitled
to
the
same
rights
granted
suitable
to
agriculture,
whether
disposable
or
not,
bona
fide
claim
of
ownership
for
at
least
30
years
4. PD
1073,
January
25,
1977
has
reverted
period
of
possession
to
June
12,
1945
5. RA
9176,
November
13,
2002
The
latest
extension
of
the
period
-
up
to
December
31,
2020
-
in
order
to
register
Who
may
apply?
1. Filipino
Citizens
2. Aliens
a. Natural
born
citizens
of
the
Philippines
who
have
lost
their
Philippine
Citizenship,
who
have
acquired
disposable
and
alienable
lands
of
the
public
domain
from
Filipino
Citizens
who
had
possession
over
the
same
in
the
same
manner
and
for
the
same
length
of
time
indicated
therein.
Reviewer
3.
-
-
Limitation:
can
only
acquire
up
to
5000
sq.
m
in
urban
areas
and
3
hecatres
in
rural
areas
for
commercial
and
industrial;
and
1000
sq.
m
in
urban
areas
and
1
hectare
in
rural
areas
for
residential.
b. Succession
compulsory
heir
c. Aliens
who
has
acquired
the
land
before
the
effectivity
of
the
1935
constitution
(Nov.
15
(?),
1935)
d. Aliens
who
were
Filipino
at
the
time
of
acquisition
Private
Corporations
or
Associations
a. Those
which
acquired
lands,
formerly
part
of
the
alienable
and
disposable
lands
of
public
domain,
from
Filipino
Citizens
who
had
possessed
the
same
in
the
manner
and
or
the
length
of
time
indicated
therein
b. Those
which
acquired
the
lands
before
the
effectivity
of
the
1973
constitution
(Oct.
16,
17,
18
(?),
1973)
the
constitutional
prohibition
do
not
apply
to
public
lands
already
converted
into
private
ownership
by
natural
persons
under
the
provisions
of
the
Public
Act.
Technically,
the
private
corporation
will
just
resell
the
property
to
Filipino
citizens
for
registration
then
back
to
the
corporation.
Non-Resident
Applicant.
If
the
applicant
is
not
a
resident
of
the
Philippines,
he
shall
file
with
his
application
an
instrument
in
due
form
appointing
an
agent
or
representative
residing
in
the
Philippines,
giving
his
full
name
and
postal
address,
and
shall
therein
agree
that
the
service
of
any
legal
process
in
the
proceedings
under
or
growing
out
of
the
application
made
upon
his
agent
or
representative
shall
be
of
the
same
legal
effect
as
if
made
upon
the
applicant
with
the
Philippines,
the
applicant
shall
forthwith
make
another
appointment
for
the
substitute,
and,
if
he
fails
to
do
so,
the
court
may
dismiss
the
application.
Reclaimed
Lands.
It
does
not
automatically
become
alienable
and
disposable;
there
must
be
first
an
express
classification
from
the
government.
Exception:
if
a
private
individual
or
entity
who
conducted
the
reclamation
under
BOT
(build,
operate,
transfer)
contract,
the
property
becomes
a
patrimonial
property
of
the
state.
1.3 Cadastral
Proceedings
It
is
a
compulsory
registration
of
lands
initiated
by
the
government.
It
is
when
in
the
opinion
of
the
President
of
the
Philippines
that
public
interest
so
requires
that
title
to
any
unregistered
lands
be
settled
and
adjudicated.
2. Jurisdiction
A. Exclusive
Jurisdiction
Regional
Trial
Court
(RTC)
have
exclusive
jurisdiction
over
all
applications
for
original
registration
of
title
to
lands,
including
improvements
and
interests
therein,
and
over
all
petitions
filed
after
original
registration
of
title,
with
power
to
hear
and
determine
all
questions
arising
upon
such
applications
or
petitions.
(PD
1529)
B. Delegated
Jurisdiction
MeTc,
MTC,
and
MCTC
may
be
assigned
by
the
SC
to
hear
and
determine
cadastral
and
land
registration
cases
covering
lots
where:
a. There
is
no
controversy
or
opposition
or
contested
lots
b. The
value
of
land
does
not
exceed
P100000.00
(BP
129
Judiciary
Reorganization
Act
of
1980
as
amended
by
RA
7691)
3.
Procedure
from
filing
of
application
until
judgment
Petition
must
be
notarized
As
provided
in
Sec.
15
of
PD
1529,
the
application
for
land
registration
shall
be
in
writing,
signed
by
the
applicant
or
the
person
duly
authorized
in
his
behalf,
and
sworn
to
before
any
officer
authorized
to
administer
oaths
for
the
province
or
city
where
the
application
was
actually
signed.
If
there
is
more
than
one
applicant,
the
application
shall
be
signed
and
sworn
to
by
and
in
behalf
of
each.
Document
as
annexes
1. SURVEY
PLAN
it
may
be
on
tracing
cloth,
blue
print,
or
white
print
as
long
as
it
is
a
clear,
convincing,
and
strong
evidence
2. TECHNICAL
DESCRIPTION
OF
LOT
duly
certified
by
the
Regional
Technical
Director
(RTD)
3. Certificate
from
geodetic
engineers
4. Tax
declaration
or
certificate
of
assessment
Reviewer
5. Muniments
of
title
Notice
of
initial
hearing
OLR/JCIT
CADASTRAL
(Voluntary)
(Involuntary,
Government
Initiates)
PD
1529
Section
23.
Notice
of
initial
hearing,
Act
No.
2259.
The
notice
of
initial
hearing
is
publication,
etc.
addressed
to
all
individual
person
appearing
to
The
Court
shall,
within
5
days
from
filing
of
the
have
an
interest
in
the
lands
involved
and
the
application,
issue
an
order
setting
the
date
and
adjoining
owners
so
far
as
known,
and
to
all
hour
of
the
initial
hearing
which
shall
not
be
whom
it
may
concern.
earlier
than
forty-five
days
nor
later
than
ninety
days
from
the
date
of
the
order.
Absent
specific
provisions
in
PD
1529
governing
notice
of
the
initial
hearing
of
the
The
public
shall
be
given
notice
of
the
initial
petition
in
Cadastral
proceedings,
the
pertinent
hearing
of
the
application
for
land
registration
provisions
of
the
Cadastral
Act,
which
are
not
by
means
of
(1)
publication;
(2)
mailing;
and
inconsistent
with
said
decree,
should
be
(3)
posting.
applied.
1. By
publication
1. By
publication
Upon
receipt
of
the
order
of
the
court
Sec.7.
Upon
receipt
of
the
order
of
the
setting
the
time
for
initial
hearing,
the
court
setting
the
time
for
initial
Commissioner
of
Land
Registration
hearing
of
the
petition
of
the
shall
cause
notice
of
initial
hearing
to
Administrator
of
the
LRA
shall
cause
be
published
once
in
the
official
notice
thereof
to
be
published
twice,
in
gazette
and
once
in
a
newspaper
of
successive
issues
of
the
official
general
circulation
in
the
Philippines:
gazette,
in
English
language.
Provided,
however,
that
the
publication
in
the
official
gazette
shall
be
sufficient
to
confer
jurisdiction
upon
the
court.
Purpose
of
publication:
a. to
confer
jurisdiction
over
the
land
applied
for
upon
the
court,
and
b. to
charge
the
whole
world
with
knowledge
of
the
application
of
the
land
involved,
and
invite
them
to
take
part
in
the
case
and
assert
and
prove
their
rights
over
the
property
subject
thereof.
Publication
over
bigger
lot:
as
if
no
publication
at
all
and
it
confers
no
jurisdiction
over
the
court;
Publication
over
smaller
lot:
it
confers
jurisdiction
only
up
to
the
smaller
lot
published.
Exception:
Bonin
Case
wherein
the
unpublished
lot
is
immaterial
therefore
the
court
acquires
jurisdiction
even
to
the
unpublished
area.
2. By
mailing
a. Mailing
of
notice
to
persons
named
in
the
application.
The
commissioner
of
LRA
shall
also,
within
7
days
after
publication
of
said
notice
in
the
official
gazette,
as
hereinbefore
provided,
cause
a
copy
of
the
notice
of
initial
hearing
to
be
mailed
to
every
person
named
in
the
notice
whose
address
is
known.
b. Mailing
of
notice
to
the
secretary
of
public
highways,
the
provincial
governor,
and
the
mayor.
If
the
applicant
requests
to
have
the
line
of
a
public
way
or
road
determined,
the
Commissioner
of
LRA
shall
cause
a
copy
of
said
notice
of
initial
hearing
to
be
mailed
to
the
secretary
of
public
highways,
to
the
provincial
governor,
and
to
the
mayor
of
the
municipality
or
city,
as
the
case
may
be,
in
which
the
land
lies.
c. Mailing
of
notice
to
the
secretary
of
agrarian
reform,
the
solicitor
general,
the
director
of
lands,
the
director
of
public
works,
the
director
of
forest
development,
the
director
of
mines,
and
the
director
of
fisheries
and
aquatic
resources.
If
the
land
borders
on
a
river,
navigable
stream
or
shore,
or
on
an
arm
of
the
sea
where
a
river
or
harbor
line
has
been
established,
or
on
a
lake,
or
if
otherwise
appears
from
the
application
or
the
proceedings
that
a
tenant-farmer
or
the
national
government
may
have
a
claim
adverse
to
that
of
the
applicant,
notice
of
the
initial
hearing
shall
be
given
in
the
same
manner
to
the
secretary
of
agrarian
reform,
the
Reviewer
3.
solicitor
general,
the
director
of
lands,
the
director
of
mines,
and/or
the
director
of
fisheries
and
aquatic
resources,
as
may
be
appropriate.
By
posting
The
commissioner
of
LRA
shall
also
cause
a
duly
attested
copy
of
the
notice
of
initial
hearing
to
be
posted
by
the
sheriff
of
the
province
or
city,
as
the
case
may
be,
or
by
his
deputy,
in
a
conspicuous
place
on
each
parcel
of
land
included
in
the
application
and
also
in
a
conspicuous
place
on
the
bulletin
board
of
the
municipal
building
of
the
municipality
or
city
in
which
the
land
or
portion
thereof
is
situated,
14
days
at
least
before
the
date
of
initial
hearing.
The
court
may
also
case
notice
to
be
served
to
such
other
persons
and
in
such
manner
as
it
may
deem
proper.
PD
1529
Section
24.
Proof
of
publication
and
notice.
The
certification
of
the
commissioner
of
LRA
(now
administrator
of
LRA;
ALRA)
and
of
the
sheriff
concerned
to
the
effect
that
the
notice
of
initial
hearing,
as
required
by
law,
has
been
complied
with
shall
be
filed
in
the
case
before
the
date
of
initial
hearing,
and
shall
be
conclusive
proof
of
such
fact.
Proof
of
Publication
certification
from
ALRA
Proof
of
Mailing
certification
from
ALRA;
and
Proof
of
Posting
certification
from
sheriff.
Exception:
Such
certification
cannot,
however,
be
conclusive
proof
of
the
fact
of
publication
and/or
posting,
if
the
certification
is
made
even:
1. Prior
to
the
actual
publication
of
the
notice
or
release
for
circulation
of
the
official
gazette;
or
2. Prior
to
the
completion
of
the
14-day
period
of
actual
posting
of
such
notice.
PD
1529
Section
19.
Amendments.
Amendments
to
the
application
including
_____________
substitution,
or
discontinuance
as
to
parties
may
be
allowed
by
the
court
at
any
stage
of
the
proceedings
upon
just
and
reasonable
terms.
Amendments,
which
shall
consist
in
a
substantial
change
in
the
boundaries
or
an
increase
in
area
of
the
land
applied
for
or
which
involve
the
inclusion
of
an
additional
land,
shall
be
subject
to
the
same
requirements
of
publication
and
notice
as
in
an
original
application.
Amendment
can
be
made
at
any
stage.
Requirement
of
republish
in
order
for
the
court
to
acquire
jurisdiction
in
3
instances:
1. Substantial
change
in
boundaries
2. Increase
in
area
3. Additional
land
Opposition
to
application
in
ordinary
proceedings
The
interested
party
to
the
land
subject
of
registration
may
file
his
opposition
to
the
application
on
or
before
the
date
of
initial
hearing.
It
must
be
a
verified
opposition.
However,
failure
to
verify
said
pleading
is
not
sufficient
to
divest
the
party
from
his
standing
in
court.
The
court,
instead
of
dismissing
his
opposition
outright,
may
allow
the
oppositor
to
verify
his
opposition.
Sec.25
of
PD
1529
provides:
Any
person
claiming
an
interest,
whether
named
in
the
notice
or
not,
may
appear
and
file
an
opposition
on
or
before
the
date
of
initial
hearing,
or
within
such
further
time
as
may
be
allowed
by
the
court.
The
opposition
shall
state
all
the
objections
to
the
application
and
shall
set
forth
the
interest
claimed
by
the
party
filing
the
same
and
apply
for
the
remedy
desired,
and
shall
be
signed
and
sworn
to
by
him
or
by
some
other
duly
authorized
person.
If
the
opposition
or
the
adverse
claim
of
any
person
cover
only
a
portion
of
the
lot
and
said
portion
is
not
properly
delimited
on
the
plan
attached
to
the
application,
or
in
case
of
undivided
co-ownership,
conflicting
claims
of
ownership
or
possession,
or
Reviewer
overlapping
of
boundaries,
the
court
may
require
the
parties
to
submit
a
subdivision
plan
duly
approved
by
the
director
of
lands.
The
oppositors
The
oppositor
to
an
application
for
registration
may
not
be
named
in
the
notice
of
initial
hearing.
He
must
claim
an
interest
to
the
property
applied
for,
based
on
a
right
of
dominion
or
some
other
real
right
independent
of,
and
not
at
all
subordinate
to,
the
right
of
the
government.
The
oppositor
does
not
have
to
show
title
in
himself;
he
should,
however,
appear
to
have
an
interest
in
the
property.
Contents
and
Form
of
Opposition
The
opposition
shall
state:
1. All
the
objections
to
the
application
2. Set
forth
the
interest
claimed
by
the
oppositor
3. Duly
signed
and
sworn
to
by
him
or
by
his
duly
authorized
representative
Declaration
of
default
General
Default
Absent
any
oppositor,
the
court
will
issue
an
order
of
default
pursuant
to
Sec.
26
of
PD
1529
which
reads:
If
no
person
appears
and
answers
within
the
time
allowed,
the
court
shall,
upon
motion
of
the
applicant,
no
reason
to
the
contrary
appearing,
order
a
default
to
be
recorded
and
require
the
applicant
to
present
evidence.
By
the
description
in
the
notice,
To
all
whom
it
may
concern,
all
the
world
are
made
parties
defendant
and
shall
be
concluded
by
the
default
order.
Where
an
appearance
has
been
entered
and
an
answer
filed,
a
default
order
shall
be
entered
against
persons
who
did
not
appear
and
answer.
Special
Default
It
is
where
an
oppositor
has
already
filed
with
the
court
an
opposition
based
on
substantial
grounds
but
failed
to
appear
in
the
initial
hearing.
It
is
improper,
even
illegal,
to
declare
him
in
default
simply
because
he
failed
to
appear
at
the
initial
hearing.
Motion
to
dismiss
opposition
It
is
based
on
the
following:
1. Lack
of
jurisdiction
2. Res
judicata
Hearing/Trial
The
parties
are:
1. Applicant
2. Oppositor
3. Government
Who
has
the
burden
of
proof?
The
applicant
must
show
incontrovertible
evidence.
He
must
prove:
(a) That
the
land
applied
for
has
been
declassified
from
the
forest
or
timber
zone
and
is
a
public
agricultural
land,
is
alienable
and
disposable,
or
otherwise
capable
of
registration;
(b) Identity
of
land;
(c) His
possession
and
occupation
thereof
for
the
length
of
time
and
in
the
manner
required
by
law;
(d) The
basis
of
such
claim
by
submitting
his
muniments
of
title
or
whatever
evidence
to
support
the
same,
if
he
claims
private
ownership
not
because
of
his
possession.
Reviewer
Specific
Evidence
A. Proofs
that
the
land
has
been
declassified
from
the
forest
zone,
is
alienable
or
disposable,
and
is
registrable.
1. Presidential
proclamation;
2. Executive
order;
3. Administrative
order
issued
by
Secretary
of
DENR;
4. BFD
Land
Classification
Map;
5. Certification
by
the
Director
of
Forestry;
and
reports
of
district
Forester;
6. Investigation
reports
of
Bureau
of
Lands
investigator;
7. Legislative
act
or
by
statute.
B. Proofs
of
Identity
of
Land
1. Survey
plan
in
general;
2. Tracing
cloth
plan
and
blue
print
copies
plan;
3. Technical
description
of
land
applied
for,
duly
signed
by
Geodetic
Engineer;
4. Tax
declaration;
5. Boundaries
and
area.
C. Proofs
of
Private
Ownership
1. Spanish
titles,
in
pending
cases;
2. Tax
declaration
and
realty
tax
payments;
3. Presidential
issuances
and
legislative
acts;
4. Other
kinds
of
proof,
like,
testimonial
evidence
and
deeds
of
sale.
Section
27.
Speedy
hearing;
reference
to
a
referee.
The
trial
court
shall
see
to
it
that
all
registration-proceedings
are
disposed
of
within
90
days
from
the
date
the
case
is
submitted
for
decision.
The
court,
if
it
deems
necessary,
may
refer
the
case
or
any
part
thereof
to
a
referee
who
shall
hear
the
parties
and
their
evidence,
and
the
referee
shall
submit
his
report
thereon
to
the
Court
within
15
days
after
the
termination
of
such
hearing.
Hearing
before
a
referee
may
be
held
at
any
convenient
place
within
the
province
or
city
as
may
be
fixed
by
him
and
after
reasonable
notice
thereof
shall
have
been
served
the
parties
concerned.
The
court
may
render
judgment
in
accordance
with
the
report
as
though
the
facts
have
been
found
by
the
judge
himself:
provided,
however,
that
the
court
may
in
its
discretion
accept
the
report,
or
set
it
aside
in
whole
or
in
part,
or
order
the
case
to
be
recommitted
for
further
proceedings.
Judgment
It
was
provided
for
in
PD
1529
that:
Section
28.
Partial
judgment.
In
a
case
where
only
a
portion
of
the
land
subject
of
registration
is
contested,
the
court
may
render
partial
judgment
provided
that
a
subdivision
plan
showing
the
contested
and
uncontested
portions
approved
by
the
Director
of
Lands
is
previously
submitted
to
said
court.
Section
29.
Judgment
confirming
title.
All
conflicting
claims
of
ownership
and
interest
in
the
land
subject
of
the
application
shall
be
determined
by
the
court.
If
the
court,
after
considering
the
evidence
and
the
reports
of
the
Commissioner
of
LRA
and
the
director
of
lands,
finds
that
the
applicant
or
the
oppositor
has
sufficient
title
proper
for
registration,
judgment
shall
be
rendered
confirming
the
title
of
the
applicant,
or
the
oppositor,
to
the
land
or
portions
thereof.
Finality
of
judgment
and
order
to
issue
decree
Section
30.
When
judgment
becomes
final;
duty
to
cause
issuance
of
decree.
The
judgment
rendered
in
a
land
registration
proceedings
becomes
final
upon
the
expiration
of
30
days
to
be
counted
from
the
date
of
receipt
of
notice
of
the
judgment.
An
appeal
may
be
taken
from
the
judgment
of
the
court
as
in
ordinary
civil
cases.
(The
finality
of
judgment
as
above
provided
by
the
decree
has
been
modified
to
the
lapse
of
15
days
counted
from
receipt
of
the
notice
of
judgment;
as
provided
for
by
PB?
129)
After
judgment
has
become
final
and
executor,
it
shall
devolve
upon
the
court
to
forthwith
issue
an
order
in
accordance
with
section
39
of
this
decree
to
the
commissioner
for
the
issuance
of
the
decree
of
registration
and
the
corresponding
certificate
of
title
in
favor
of
the
person
adjudged
entitled
to
registration.
Reviewer
Period
of
appeal
The
period
of
appeal
shall
be
reckoned
from
receipt
of
the
decision,
within
15
days
before
the
judgment
becomes
final.
Receipt
of
judgment
by
solicitor
general,
not
by
fiscal,
binds
the
government.
Example:
Date
of
Receipt
Judgment
becomes
final
Applicant
Jan.
1
Jan.
17
Oppositor
Jan.
8
Jan.
24
SolGen
Jan.
15
Jan.
31
Notwithstanding
the
lapse
of
the
15
day
period
from
receipt
of
judgment
by
the
parties,
the
court
continues
to
retrain
control
of
the
case
until
the
expiration
of
1
year
after
the
entry
of
decree
of
registration
by
the
LRA.
Whether
or
not
res
judicata
will
apply?
In
OLR,
res
judicata
will
apply.
In
JCIT,
res
judicata
will
NOT
apply.
Remedies
An
aggrieved
party
may
take
any
of
the
remedies
available
in
law
to
challenge
the
judgment
in
a
land
registration
case
or
the
validity
of
title
issued
pursuant
thereto.
Before
the
judgment
becomes
final
1. Motion
for
reconsideration
Ground:
error
committed
by
the
court
in
interpreting
the
facts
of
the
case
and
the
law.
2. New
trial
Grounds:
a. fraud,
accident,
mistake,
or
excusable
negligence
which
ordinary
prudence
could
not
have
guarded
against
and
by
reason
of
which
such
aggrieved
party
has
probably
been
impaired
of
his
rights;
b. newly
discovered
evidence,
which
he
could
not,
with
reasonable
diligence,
have
discovered,
and
produced
at
the
trial
and
which,
if
presented,
would
probably
alter
the
result;
c. award
or
excessive
damages,
or
insufficiency
of
the
evidence
to
justify
the
decision
or
that
the
decision
is
against
the
law.
After
rendering
judgment
but
before
judgment
becomes
final
3. Appeal
Laws
applicable
are
PD
1529
and
Rule
41,
45,
and
65
of
Rules
of
Court
Appeal
to
the
Court
of
Appeals
is
taken
by
simply
filing
a
notice
of
appeal
with
the
lower
court
within
15
days
from
receipt
of
said
judgment
of
order
by
counsel
of
the
aggrieved
party.
However,
appeals
to
the
appellate
court
in
the
exercise
of
its
appellate
jurisdiction
are
by
petition
for
review.
And
petition
for
certiorari
under
rule
65
on
the
ground
of
grave
abuse
of
discretion
amount
to
lack
or
excess
of
jurisdiction.
Example:
Jan.
1,
2011
Jan.
14,
2011
Feb.
5,
2011
Date
of
receipt
Motion
for
reconsideration
Denial
of
MR/NT,
Another
15
days
period
to
or
New
Trial
Date
of
order
perfect
an
appeal
(fresh
period)
4. Relief
from
judgment
Grounds:
when
a
judgment
or
order
is
entered,
or
other
proceedings
is
taken
against
a
party
in
RTC
through
fraud,
accident,
mistake,
or
excusable
negligence,
a
party
may
file
a
petition
in
such
court
and
in
the
same
cause
praying
that
the
judgment,
order
or
proceeding
be
set
aside.
Reviewer
10
The
petition
must
be
verified
and
filed
within
60
days
after
the
petitioner
learns
(receipt)
the
judgment,
order,
or
other
proceeding,
and
not
more
than
6
months
after
such
judgment
or
order
was
entered
or
such
proceeding
was
taken.
Only
a
party
that
is
either
the
applicant
or
the
oppositor
may
avail
of
the
remedy.
5.
6.
Writ
of
Possession
It
is
a
mere
post-judgment
________
_________
adjudicating
ownership
to
a
successful
applicant
impliedly
carries
with
it
the
delivery
of
possession
if
he
is
deprived
thereof
because
the
right
of
possession
is
inherent
to
right
of
ownership.
A
motion
for
writ
of
possession
may
be
filed
by
the
winning
party.
The
sheriff,
upon
the
order
of
the
court,
shall
implement
the
writ
of
possession
for
the
eviction
of
any
person
in
the
property.
Limitation:
it
is
a
settled
rule
that
when
parties
against
whom
a
writ
of
possession
is
sought
have
been
in
possession
of
the
land
for
at
least
10
years,
and
they
entered
into
possession
apparently
after
the
issuance
of
the
final
decree,
and
none
of
them
had
been
a
party
in
the
registration
proceedings,
the
writ
of
possession
will
not
issue.
Reason
for
the
limitation:
because
they
cannot
be
ousted
without
giving
them
their
day
in
court
in
proper
independent
proceedings.
Proper
remedy
of
the
successful
applicant:
a
separate
action
for
unlawful
detainer
or
entry,
or
for
reivindicatory
action,
as
the
case
may
be.
When
there
is
refusal
to
vacate
the
property
despite
the
writ,
the
proper
remedy
is
for
the
sheriff
who
implemented
the
writ
to
avail
himself
of
the
public
force
(resorting
help
from
police
or
tanod),
had
it
been
necessary
to
resort
thereto.
If
subsequent
to
such
dispossession
or
ejectment,
the
losing
party
enters
or
attempts
to
enter
into
or
upon
the
property,
then
and
only
then
may
be
the
loser
be
charged
with
and
punished
for
contempt.
Writ
of
demolition
is
against
the
property.
It
is
a
consequence
of
writ
of
possession.
Reviewer
11
Decree
of
Registration
It
is
pursuant
to
the
order
of
the
court
that
the
LRA
prepares
and
issues
a
decree
of
registration.
1
year
after
the
decree
has
been
entered
in
the
books
of
registry,
it
becomes
incontrovertible
or
indefeasible.
Duty
of
the
administrator
of
LRA
to
issue
decree
The
duty
of
the
land
registration
officials
to
issue
the
decree
of
registration
is
ministerial
in
the
sense
that
they
act
under
the
orders
of
the
court
and
the
decree
must
be
in
conformity
with
the
court
judgment
and
with
the
date
found
in
the
record.
They
have
no
discretion.
However,
if
they
are
in
doubt
upon
any
point
in
relation
to
the
preparation
and
issuance
of
the
decree
or
if
there
was
an
apparent
mistake
or
error
that
can
invalidate
the
title,
they
are
duty
bound
to
refer
the
matter
to
the
court.
They
act
in
this
respect
as
court
officials
and
not
as
administrative
officials.
The
administrator
is
thus
not
legally
obligated
to
issue
the
decree
where
he
finds
that
subject
land
has
already
been
decreed
and
titled
in
anothers
name.
And
he
could
not
be
compelled
through
mandamus
because
the
issuance
of
the
decree
is
part
of
the
judicial
function
of
courts
and
not
a
mere
ministered
act.
General
Rule:
The
decree
becomes
incontrovertible
or
indefeasible
after
the
lapse
of
1
year
from
the
date
of
entry
and
it
cannot
be
attacked.
It
may
be
set
as
a
defense.
Exception:
a. when
there
is
a
previous
valid
title;
b. non-registrable
land;
c. expanded
area;
Situations
where
a
person
cannot
invoke
the
incontrovertibility
of
the
decree:
a. action
for
reconveyance,
it
is
when
another
person
has
registered
the
property
through
fraud
or
mistake
giving
rise
to
implied
trust;
b. validity
of
TCT.
B.
Administrative
Mode
Land
Patents:
Kinds
???
Homestead
Patent
Free
Patent
Sales
Patent
Residential,
industrial,
?
?
With
bidding
Without
bidding
RA
730,
June
30,
1952
Citizenship
Any
Filipino
Natural
Born
Filipino
Any
Filipino
Citizen
Any
Filipino
Citizen
Citizen
Age
Over
the
age
of
18,
or
Lawful
age
Over
18
years
old
head
of
the
family?
Head
of
the
family
Land
ownership
Does
not
own
more
than
Does
not
own
more
Purchase
agricultural
Not
owner
of
a
home
12
hectares
of
land
in
than
12
hectares
of
land
lot
in
the
municipality
the
Philippines
or
has
land
in
which
he
resides
not
had
the
benefit
of
any
gratuitous
allotment
of
more
than
12
hectares
of
land
since
the
occupation
of
the
Philippines
by
the
US
Residence
Resided
continuously
At
least
30
years
(at
None
Who
has
in
good
faith
for
at
least
one
year
in
least
from
March
8,
established
his
the
municipality
where
1960)
prior
to
the
residence
on
parcel
of
the
land
is
situated
effectivity
of
this
land
of
the
public
amendatory
act
domain
of
RP
which
is
(March
28,
1990),
has
not
needed
for
public
continuously
COC?
service
Cultivation
Must
have
cultivated
occupied
and
1. If
agricultural
Agricultural:
1/5
at
least
1/5
of
the
land
cultivated,
either
by
land:
Reviewer
12
applied for
Limitation
in
area
restrictions
12
hectares
Not
subject
to
encumbrance
or
disposition
within
5
years
from
the
date
of
issuance.
The
patent
is
deemed
issued
upon
the
promulgation
of
the
order
for
issuance
thereof
by
the
Director
of
Lands.
Limitation:
except
in
favor
of
the:
a. government
b. or
?
1.
12
hectares
Same
Required
to
have
at
least
1/5
of
the
land
broken
and
cultivated
within
5
years
from
the
date
of
award
2. If
for
residential,
commercial,
industrial:
after
he
shall
have
completed
the
construction
of
permanent
improvement
s
appropriate
for
the
purpose
for
which
the
land
is
purchased
within
18
months
from
the
date
of
award
12
hectares
None
1000
sq.m.
None
Reviewer
13