JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE

Applicants:

Filipino citizens who by themselves or through their predecessors-in-interest have been

in open, continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of public domain under a bona fide claim of acquisition since June 12,
1945 or prior thereto or since time immemorial
Filipino citizens who by themselves or their predecessors-in-interest have been, prior to
the effectivity of PD 1073 on January 25, 1977, in open, continuous, exclusive and
notorious possession and occupation of agricultural lands of the public domain, under a
bona fide claim of acquisition of ownership, for at least 30 years, or at least since
January 24, 1947
Private corporations or associations which had acquired lands from Filipino citizens who
had possessed the same in the manner and for the length of time indicated in paragraphs
1 and 2 above
Natural-born citizens of the Philippines who have lost their citizenship and who has the
legal capacity to enter into a contract under Philippine laws may be a transferee of
private land up to a maximum area of 5,000 sq,m, in case of urban land or 3 hectares in
case of rural land to be used by him for business or other purposes.

Applicant Must Prove:

That the land is alienable and disposable land of public domain; and
That they have been in open, continuous, exclusive, and notorious possession and
occupation of the land for the length of time and in the manner and concept provided by
law.
Extended period for filing of application:
Section 1, RA No. 9176 provides in part that The time to be fixed in the entire
archipelago for the filing of applications under this chapter shall not extend beyond 31
December 2020. Provided that the area applied for does not exceed twelve (12) hectares.
Section 3 of RA No. 7196 provides that All pending applications filed before the
effectivity of this amendatory act shall be treated as having been filed in accordance with
the provisions of this Act.
Filing of Application (Extent of Jurisdiction)
Application for land registration shall be filed with the RTC of the province or city where
the land is situated.
EXCEPTION:
Delegated Jurisdiction of the MTC to hear and determine cadastral or land registration
cases covering lots where there is no controversy or opposition, or contested lots, the
value of which does not exceed P100,000.00

Publication, Mailing, and Posting Requirements:

1. Publication of notice of initial hearing
Official Gazette and newspaper of general circulation
NOTE: If it is later shown that the decree of registration had included land or lands not included
in the original application as published, then the registration proceedings and the decree of
registration must be declared null and void insofar but only insofar- as the land not included
in the publication is concerned. This is so because the court did not acquire jurisdiction over the
land not included in the publication- the publication being the basis of the jurisdiction of the
court.

Publication alone in newspaper of general circulation would not suffice to confer

jurisdiction to RTC. It must be published in the Official Gazette in order that jurisdiction
to court be conferred.

2. Mailing
Mailing of the Notice of Hearing
Administrator of Land Registration Authority shall cause a copy of the notice of initial
hearing of the application to be mailed to the following:
a) Every person named in the notice whose address is known
b) Secretary of DPWH, Provincial Governor, and Mayor of the municipality or city, as
the case may be, in which the land lies, if applicant requests to have the line of a public
way or road determined
c) Secretary of DAR, Solicitor General, Director of Land Management, Director of Mines
and/or Director of Fisheries and Aquatic Resources, as the case may be, 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 it otherwise appears from the
application that a tenant-farmer or the national government may have a claim adverse to
the applicant.
c) Posting
Posting of the copy of the Notice of Hearing is a duty of the Sheriff which must be made
at least 14 days before date of initial hearing, in conspicuous places.
NOTE: Service of Notice upon contiguous owners:
indispensable
lack of service constitutes extrinsic fraud
Answer or Opposition
oppositor to an application need not be named in the notice of initial hearing.
adverse claimants must set forth in their answer all their objections to the application and
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 rights of the government.

Evidence
The applicant must prove:
1. 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.
NOTE: Specific evidence
a) Presidential proclamation
b) Executive Order
c) Administrative Order issued by the Secretary of DENR
d) Bureau of Forest Development Land Classification Map
e) Certification by Director of Forestry
f) Investigation reports of Bureau of Lands investigator
g) Legislative act or by statute
2. The identity of the land
NOTE: Proof of Identity of land
a) Survey plan in general
b) Tracing cloth plan and blue print copies of plan
c) Technical description of the land
d) Tax declarations
e) Boundaries and area
3. Possession and occupation of the land for the length of time and in the manner required by
law