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atty. jahmes
Enabling Law
Act 2259, as amended.
PD 1529 Sec 35 - 38
Characteristics/Purpose
When in the opinion of the President of
the Philippines public interest so
requires that title to any unregistered
lands be settled and adjudicated, he
may to this end direct and order the
Director of Lands to cause to be made a
cadastral survey of the lands involved
and the plans and technical description
thereof prepared in due form. Sec 35
(a), PD1529
Characteristics/Purpose
When public interest so requires that
title to any unregistered lands be settled
and adjudicated
To expedite the settlement
adjudication of titles to properties.
and
Nature of Proceedings
A proceeding in rem, initiated by the
filing of a petition for registration by the
government, and the persons claiming
ownership of the land subject thereof
are compelled to go to court to make
known and substantitate their claim or
interest therein.
PROCEDURE-NNCPPAHDI
1. Notice of Cadastral Survey published
once in OG, posted, copy furnished the
mayor and barangay captain.
2. Notice of date of survey by BLM and
posting, marking of boundaries/setting
of monuments.
PROCEDURE-NNCPPAHDI
3. Cadastral Survey
4. Filing of Petition
5. Publication*, Mailing, Posting.
6. Filing of Answer
7. Hearing
8. Decision
9. Issuance of Decree and OCT
Publication twice in successive OG issues.
Filing of Petition
When the lands have been surveyed
or plotted, the Director of Lands,
represented by the Solicitor General,
shall institute original registration
proceedings by filing the necessary
petition in the Court of First Instance
of the place where the land
(Sec. 36 PD 1529)
Filing of Petition
is situated against the holders,
claimants, possessors, or occupants
of such lands or any part thereof,
stating in substance that public
interest requires that the title to such
lands be settled and adjudicated and
praying that such titles be so settled
and adjudicated.
(Sec. 36 PD 1529)
Contents of Petition
The
petition
shall
contain
a
description of the lands and shall be
accompanied by a plan thereof and
may contain such other data as may
serve to furnish full notice to the
occupants of the lands and to all
persons who may claim any right or
interest therein. (Sec. 37, PD 1529)
Contents of Petition
Where the land consists of two or more
parcels held or occupied by different
persons, the plan shall indicate the
boundaries or limits of the various
parcels as accurately as possible. The
parcels shall be known as "lots" and
shall on the plan filed in the case be
given separate numbers by the Director
of Lands, which numbers shall be
known as "cadastral lot numbers"
Filing of Answer
Any
claimant
in
cadastral
proceedings, whether named in the
notice or not, shall appear before the
court by himself or by some other
authorized person in his behalf, and
shall file an answer on or before the
date of initial hearing or within such
further time as may be allowed by the
court. (Sec. 37, PD 1529)
False Answer/Liability
Section 116. Whoever knowingly
swears falsely to any statement
required to be made under oath by
this Act shall be guilty of perjury and
liable to the penalties provided by law
for perjury. (Section 116, Act 496, )
Hearing/Judgment
Like an ordinary registration
proceedings, parties are heard and
evidences are considered in a
cadastral case. In due time a
cadastral decree and certificate of
title to the adjudicated owner is
issued.
Hearing/Judgment
The trial of the case may occur at any
convenient place within the province
in which the lands are situated and
shall be conducted, and orders for
default and confessions entered, in
the same manner as in ordinary land
registration proceedings and shall be
governed by the same rules.
Hearing/Judgment
decrees awarded in favor of the
persons entitled to the lands or to parts
thereof and such decrees shall be the
basis for issuance of original certificates
of title in favor of said persons and shall
have the same effect as certificates of
title granted on application for
registration of land under ordinary land
registration proceedings. (Sec 38, PD
1529)
Nature/Effect of Judgment
A final judgment in a cadastral
proceeding, which is in rem, is binding
and conclusive upon the whole world.
vs. PD 1529
Nature of Registration: Compulsory
Applicant: Director of Lands
All class of lands included (vs.
involves
private
land/public
agricultural lands if confirmation of
imperfect title.)
Landowners come as claimaint/Filing
of Answer
vs. PD 1529
Government asks the court to settle
and adjudicate title of the lands (vs.
Petitioner comes to court to confirm
his title and seeks the registration of
the land in his name.)
vs. PD 1529
Person who requests the survey is
the Government (Landowner)
If none of the applicants can prove
that he is entitled to the land, the
same shall be declared public.