Judicial Confirmation of

Imperfect Title
atty. jahmes

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WHO MAY APPLY

1.) Filipinos who by themselves or through
their predecessors-in-interest have been
in open, continuous, exclusive and
notorious possession and occupation of
agricultural lands of the public domain,
under a bona fide claim of acquisition or
ownership, since June 12, 1945, or earlier,
or since time immemorial. (CA 141 Sec.
48 as amended by PD No. 1073.

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WHO MAY APPLY

2.) Private domestic 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 paragraph 1
above.

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WHO MAY APPLY

3.) 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 5000 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. (Sec. 5, RA 8179.

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WHO MAY APPLY

4.) 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 possessed the
same in the same manner and for the
length of time indicated in paragraph 1.

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WHERE TO APPLY
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 Php 100,000.00. (Republic Act No.
7691 Sec. 4, amending BP 129, Sec. 34)
6

WHERE TO APPLY
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 Php 100,000.00. (Republic Act No.
7691 Sec. 4, amending BP 129, Sec. 34)
7

CONTENTS of APPLICATION
Name of applicant, citizenship, civil
status, name of spouse, and if marriage is
legally
dissolved,
the
manner
of
termination
Description of the land
Verification
Annexes
Survey plan of the land (Sec 17 PD 1529
Technical Descriptions (Sec 14 PD 1529)
Certificate of the Geodetic Engineer
Certificate regarding the last assessment

CONTENTS of APPLICATION
The court may require facts to be stated
in the application in addition to those
prescribed by this Decree not inconsistent
therewith and may require the filing of
any additional paper. ( Sec 21 PD 1529)
Names and addresses of the occupants
and adjoining owners (Sketch Plan). (If not
known, state the extent of the search
made to find them) [Mere statement of
lack of knowledge not enough]
9

APPLICATION for Judicial

Confirmation
A single application covering two or more
parcels of land belonging to an applicant
is allowed, provided they are situated in
the same province or city.
Amendments to the application may be
allowed by the court at any stage of the
proceedings upon just and reasonable
terms.

Publication, Mailing, and Posting

The court shall, 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. (Sec 23, PD
1529)
Reason:
To confer jurisdiction
To give notice to all persons
1

Publication, Mailing, and Posting

The court shall, 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. (Sec 23, PD
1529)
Reason:
To confer jurisdiction
To give notice to all persons.
1

Publication, Mailing, and Posting

The public shall be given notice of the
initial hearing of the application for land
registration by publication, mailing, and
posting:
1.) Publication of notice of initial hearing:
Once in the Official Gazette and once in a
newspaper of general circulation.
Compliance mandatory and jurisdictional
A defect in the publication and notice
affects the jurisdiction of the court.
1

Publication, Mailing, and Posting

Publication shall precede the date of the
hearing.
Being in rem, notice by publication binds
the whole world.
IF the decree of registration includes lands
not
included
in
the
publication,
proceedings are null and void insofar as the
land not included. (Ratio: Court did not
acquire jurisdiction over the land not
included in the publication. Benin v. Tuason
GR No. L-26217, June 28, 1974)
1

Publication, Mailing, and Posting

If the difference is not substantial, as it
would not affect the identity of the land,
republication is not necessary. (Benin v.
Tuason, supra)
If the amendment of the survey plan during
the registration proceedings does not
involve an addition, but on the contrary, a
reduction of the original area that was
published, no new publication is required.

Publication, Mailing, and Posting

2.) Mailing of the Notice of Hearing
Administrator of the Land registration
Authority shall cause a copy of the notice of
the initial hearing of the application to be
mailed to the following:
Every person named in the notice whose
address is known within 7 days after
publication of notice in the Official Gazette.

Publication, Mailing, and Posting

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.
Secretary of DAR, SoL Gen, Director of Land
Management, Director of Mines and/or
Director of Fisheries and Aquatic resources,
as the case may be, if the land borders a
riverm stream, etc. or if a there is a tenantfarmer, or if the government may have an
adverse claim.
Other persons the court may deem proper.

Publication, Mailing, and Posting

3.) Posting
Posting of the copy of the Notice of Hearing is a
duty of the Sheriff which must be made at least
14 days (2 weeks) before the date of initial
hearing, in conspicuous places.

Note: A certification of the LRA Administrator and

of the Sheriff to the effect that the notice of the
initial hearing has been complied with shall be
conclusive proof of such fact (Sec 24 PD 1529)
1

Publication, Mailing, and Posting

Service of notice upon contiguous owners is
indispensable and lack of service constitues
extrinsic fraud.

ANSWER or OPPOSITION to
Application
An 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,
2

ANSWER or OPPOSITION to
Application
An adverse claimant does not have to show
title in himself, he should however appear
to have an interest in the property.
The opposition partakes of the nature on an
Answer with a Counterclaim.

ANSWER or OPPOSITION to
Application
The following may be proper oppositors:
A homesteader who have not yet been issued
his title who had fulfilled all the conditions
required by law to entitle him to a patent.
A purchaser of friar land before the issuance
of the patent to him (cf Act 1120)
Persons who claim to be in possession of a
tract of public land and have applied with the
Bureau of Lands for its purchase.
The Government foreshore leases. (Leyva
vs. Jandoc. GR No. L-16965, Feb. 28, 1962)
2

ANSWER or OPPOSITION to
Application
The opposition must state all the objections
to the application and set forth the interest
claimed by the oppositor, and duly sworn to
by
him,
or
his
duly
authorized
representative.

Procedure in Land Registration

PD 1529 governs the procedure in land
registration proceedings. However, the Rules
of Court could be applied in a suppletory
character
or
whenever
practical
or
convenient.
Motion to intervene in a land registration case
is not allowed. Sec 14 and 15 show that the
applicant and the oppositors are the only
parties in land registration proceedings.

Procedure in Land Registration

The government cannot be estopped from
questioning the validity of the certificates of
title, which were granted without opposition
from the government. The principle of
estoppel does not operate against the
government for the acts of its agents.

Default
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. ( Sec. 26 PD 1529)

Default
Remedy: A person in default may file a motion
to set aside the order of default in accordance
with Section 3(b) of Rule 9 of the Rules of
Court.
Others: LINA DOCTRINE
Martinez vs. Republic, GR No. 160895. Oct. 30,
2006.

EVIDENCE
1.) Land is a public agricultural land classified
as alienable and disposable.
Presidential Proclamation
Executive Order
Administrative Order (DENR Secretary)
Bureau of Forest Development Land Classification
Map
Certification by Director of Forestry
Investigation Reports of Bureau of Lands
investigator
Legislative act or statute
2

EVIDENCE
2.)Identity of the land
A.) Survey plan in general
B.) Tracing cloth plan and blue print copies of plan
Note: The submission of original tracing cloth plan
of the land approved by the Director of Lands is a
statutory requirement of MANDATORY character
which cannot be waived either expressly or
impliedly. (Director vs. Heirs of Tesalona, GR No.
66130, Oct. 3, 2001)

EVIDENCE
Additional Note:
Bureau of Lands Tracing cloth plan is the BEST
EVIDENCE, however, blue print copies and other
evidences could also provide sufficient
identification.
(Sps. Recto vs Republic, GR No. 160421, Oct. 4,
2004)

EVIDENCE
C.) Technical Description of the Land
D.) Tax declarations
E.) Boundaries and area.

EVIDENCE
3.) Possession and occupation of the land for the
length of time and in the manner required by law.
Note: If the applicant claims private ownership but
not because of possession, he must prove the basis
of such claim by submitting his muniments of title
or whatever evidence to support the same.

Insufficient proofs of possession

Mere casual cultivation of the land by the claimant.
Ratio: Possession is not exclusive and notorious so as
to give rise to a presumptive grant from the State.

Holding of property by mere tolerance of the owner.

Ratio: Holder is not in the concept of an owner

Possession of other persons in the land applied for

impugns the exclusive quality of the applicants
possession.

Hearing, Judgment, and Post

Judgment
The Court, in the hearing set in the notice, shall:
1.) Hear the parties and their evidence; or,
2.) Refer the case or any part thereof to a referee
or commissioner.
Note: In the exercise of delegated jurisdiction, the
MTC can no longer appoint commissioners.
Note 2: While the referee can receive evidence and
objections, it has no power to rule on the case. Its
main duty is to receive evidence and submit its
findings and recommendations to the court.
3

Hearing, Judgment, and Post

Judgment
Muniments of Title:
Instruments or written evidence that the applicant
holds or possesses to enable him to substantiate
and prove title to his estate.
Judgment:
Duties of the Court:
a. Render Judgment
b. Order the Land Registration Authority to issue
decree of registration.

Hearing, Judgment, and Post

Judgment
Note: Only claimed property or a portion thereof
can be adjudicated . If the applicant asserts
ownership and submits evidence only for a portion
of a lot, the inclusion of the portion not claimed by
the applicant is void and of no effect.
The court may reverse its decision even after the
LRA has issued the decree of registration.
When only a portion of the land 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.
Reason: Court has no jurisdiction.
3

Hearing, Judgment, and Post

Judgment
The judgment becomes final upon the lapse of 15
days counted from receipt of notice of the
judgment. Note however, that the adjudication of
the land in a registration or cadastral case does not
become final and incontrovertible until the
expiration of one year after the entry of the final
decree.As long as the final decree is not
issued,and the one year within which it may be
revised has not elapsed, the decision remains
under the control and sound discretion of the court
rendering the decree, which court after hearing,
may set aside the decision or decree or adjudicate
the land to another party. (G.R. No. 77243 October
26, 1989, Republic vs. Association)
3

Hearing, Judgment, and Post

Judgment
The judgment becomes final upon the lapse of 15
days counted from receipt of notice of the
judgment. Note however, that the adjudication of
the land in a registration or cadastral case does not
become final and incontrovertible until the
expiration of one year after the entry of the final
decree.As long as the final decree is not
issued,and the one year within which it may be
revised has not elapsed, the decision remains
under the control and sound discretion of the court
rendering the decree, which court after hearing,
may set aside the decision or decree or adjudicate
the land to another party. (G.R. No. 77243 October
26, 1989, Republic vs. Association)
3

Hearing, Judgment, and Post

Judgment
Post Judgment Incidents:
Writ of Possession:
The judgment adjudicating
ownership to the successful applicant impliedly
carries with it the delivery of possession if he is
deprived, since the right of possession is inherent
in that of ownership.
The issuance of a writ of possession is only a matter
of course if nothing in the past has been issued in
favor of the registered owner; there is no prescription
as to its issuance.

Hearing, Judgment, and Post

Judgment
Post Judgment Incidents:
Writ of Demolition: A complement of the writ of
possession, without which the latter would be
ineffective.

Requisites in Ordinary
Land Registration (PD
1529,13 steps)
atty. jahmes

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13 steps summary
1.) Survey
2.) Filing of Application
3.) Setting of Date for Initial Hearing
4.) Transmittal of Application to the LRA
5.) Publication of Notice
6.) Service of Notice to interested parties
7.) Filing of Answer/Opposition
8.) Hearing
9.) Promulgation of Judgment
10.) Issuance of Decree
11.) Entry of Decree in LRA
12.) Sending of a copy of to RoD
13.) Transcription of Decree and issue of Cert. of Title

SURVEY
Survey of the land by the Land Management
Bureau or a duly licensed private surveyor.
Note:
It must be drawn in a tracing cloth plan.
It is approved ONLY by the Director of Land
Management.
The Land management Bureau is an agency under
the DENR (In contrast to LRA, which is under the
DoJ)

SURVEY
Survey of the land by the Land Management
Bureau or a duly licensed private surveyor.
Note:
It must be drawn in a tracing cloth plan.
It is approved ONLY by the Director of Land
Management.
The Land management Bureau is an agency under
the DENR (In contrast to LRA, which is under the
DoJ)

FILING OF APPLICATION
Filing of Application for Registration by the
applicant at the RTC of the province, city, or
municipality where the property is situated.
Parts of the Application
A. Caption
B. Addresses
C. Name and address of the petitioner
D. Nature of the proceeding (ordinary or cadastral)
E. Technical Description of the land
F. Require interested persons to appear in court at the
time of initial hearing
G. Statement that failure to oppose bar future claims.
4

FILING OF APPLICATION
The Bureau of Lands must always be furnished with
a copy of the petition and all pertinent documents.
Land Owned in common: All co-owners shall file the
application for land registration jointly where the
land is owned in common.
Land sold under pacto de retro.
General Rule: Vendor a retro may file the
application for land registration.
Exception: When the period for redemption expires
and ownership is consolidated in the vendee.
4

FILING OF APPLICATION
Land subject of a Trust Agreement
Trustee on behalf of the beneficiary may apply for
registration unless prohibited by the instrument
creating the trust.

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