Will it bind the parties? Answer: Yes. But it does not mean that the error cannot be rectified. Laws implementing land registration (1) Land Registration Act - superseded by PD 1529 (2) Cadastral Act (Act 2259) (3) Public Land Act (CA 101, as amended) (4) CARL (RA 6657) Administrative Land Registration Modes of Land Registration (1) Judicial (PD 1529) Types: A. Ordinary - filed by claimant B. Cadastral - filed by State Steps: (Note: No summons because action is in rem.) (1) Filing of application Who May File? (Sec. 14, PD 1529) A. Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. B. Those who have acquired ownership of private lands by prescription under the provision of existing laws. C. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. D. Those who have acquired ownership of land in any other manner provided for by law. E. Where the land is owned in common, all the co-owners shall file the application jointly. F. 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
Land Titles and Deeds
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. G. A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust. Where to File? RTC or when authorized by SC as stated in BP 129, MTC or MCTC Contents (Sec 15, PD 1529) - name of the owner - technical description Annexes: - approved survey plan - certificate from geodetic engineer - certificate of last assessment (for tax purposes) (2) Publication or Notice of initial hearing (Sec. 23) - within five days from filing of the application, issue an order setting the date and hour of the initial hearing which shall not be earlier than forty-five days nor later than ninety days from the date of the order The public shall be given notice of the initial hearing of the application for land registration by means of: (1) Publication (Official Gazette or newspaper of general circulation once); (2) Mailing (mailed to Sec of Public Highways, Provincial Governor, Mayor, Sec of Agrarian Reform, Solicitor General, Director of Lands, Director of Public Works, Director of Forest Development, Director of Fisheries and Aquatic Resources) ; and (3) Posting. (3) Opposition If government poses no opposition, can it be estopped?
Land Titles and Deeds
Answer: No. Absence of opposition from the government agencies is
of no moment because the State cannot be estopped by the omission, mistake or error of its officials or agents. (Republic v. Alexandra Lao) (4) Hearing and Presentation of Evidence - Case will be read 3 times. If no opposition, declared in default, except if the other party is the government. You need to prove: A. You are the owner of the land B. Continuous possession of land C. Land is alienable Cases: Meneses v. El Commonwealth de Filipinas Lee Seng Gyap v. Director of Lands Note: Spanish titles are no longer admissible in court as evidence of ownership. (5) Submitted for Resolution (6) Judgment (7) If approved, issuance of Decree (2) Administrative Homestead Patents CORRECTION OF ENTRIES Where to File: RTC Except cancellation of lien/annotations CADASTRAL PROCEEDINGS Complainant: Government Problem: A owns a land. Contracts loan of 1M from B. Mortgaged land to secure loan. Mortgage not annotated in the title. A sells land to C. A unable to pay loan. B proceeds to execute mortgage. What is Cs remedy? Answer: If C is buyer in good faith, he can allege that he is not bound by the contract of mortgage. If in bad faith, he is bound regardless of the fact that mortgage is not annotated in the title. Valisno v. Plana
Rosa Villa Monna vs. Guillermo Garcia Bosque, F. H. GOULETTE, and R. G. FRANE: Partial substitution of agency did not authorize release of debtors from contract