Section 16

Non-resident applicant may be

represented by an attorney-in-
fact.
 Section 16

Unless duly certified by the

A special
secretary ofpower
embassyof attorney
or legation,
executed
consul before
general,a consul,
notary public
vice
orconsul
otheror
competent officialorinby
consular agent a
foreign
any officer country
in the foreign service
of the Philippines stationed in
the foreign country
 Section 17
Where to file?

Regional Trial
Court
NO. First level courts (MTC,
Filing is only done in RTC?
MCTC) may also be assigned.
 1. When the lot is not the
subject of any controversy or
opposition;
When?
2. When the lot is contested but
the value thereof doesn’t
exceed Php 100,000
 Lopez vs. De Castro
G.R. No. 112905 February 3, 2000

Ruling
The court held that a land registration is an in rem
proceeding which involves a constructive notice
against all persons including the state which is
effective through the publication of the application
for land registration. The court held that when
more than one certificate of title is issued over the
land, the person holding the prior certificate of
title is entitled to a better right against the person
who relies on the subsequent certificate.
 Lopez vs. De Castro

This rule refers to the date of the certificate of title

and not on the date of filing the application for
registration of title. In land registration proceedings,
all interested parties are obliged to take care of their
interests and to zealously pursue their objective of
registration on account of the rule that whoever first
acquires title to a piece of land shall prevail. The
publication made with respect to the application of
the respondents served as a constructive notice
against the whole world thus the court upheld the
validity of their title and its indefeasibility against
collateral attack from the petitioners.
 Lopez vs. De Castro

Granting that the petitioners did not have actual

knowledge about the respondent’s application to the
land, they waited for 7 more years after knowing that
the property was already registered in the name of
the respondents to demand for the execution of
judgment and cancellation of the respondent’s title.
Therefore the SC finds them guilty of latches.
Petitioner’s petition was denied.
Application must be accompanied
by survey plan and applicant’s
muniment of title.
 Director of Lands vs. Reyes
G.R No. L-27594
November 28, 1975

Ruling
To begin with, the original tracing cloth
plan of the land applied for, which must be
approved by the Director of Lands, was not
submitted in evidence. The submission of
such plan is a statutory requirement of
mandatory character. Unless a plan and its
technical description are duly approved by
the Director of Lands, the same are not of
much value.
 Director of Lands vs. Reyes
G.R No. L-27594
November 28, 1975

Ruling
Obviously, the superimposition of the copy
of the survey plan of land as surveyed for
applicant in the military map of the area
under Proclamation No. 237 was for the
sole purpose of showing that the land
applied for is situated within the area
covered by the military reservation of Fort
Magsaysay appropriately indicated in the
perimeter map of said reservation.
 Director of Lands vs. Reyes
G.R No. L-27594
November 28, 1975

Ruling
But the applicant is not relieved
from the original tracing cloth plan
approved by the Director of Lands
as required by law. One of the
distinguishing marks of the Torrens
System is the absolute certainty of
the identity of a registered land.
 Director of Lands vs. Reyes
G.R No. L-27594
November 28, 1975

Ruling
Consequently the primary purpose of the
aforesaid requirement is to fix the exact or
definite identity of the land as shown in
the plan and technical descriptions. Hence,
the applicant is not relieved of his duty of
submitting the original tracing cloth of the
survey plan of the land duly approved by
the Director of Lands.
 Section 18

Two or more parcels of land

belonging to the applicant/s
provided they are situated within
the same province or city
 Section 19

The court may at anytime order the

splitting or striking out of one or
more parcels, or allow
amendments to the application,
including joinder substitution, or
discontinuance as to the parties
upon such terms as may be
reasonable.
 Section 19

…the amendment shall be

subject to the same
requirements of publication and
notice as in the case of an
original application
 Section 19

Publication is one of the

essential bases of the jurisdiction
of the court in land registration
and cadastral cases, and
additional territory cannot be
included by amendment of the
plan without new publication.
 Benin vs. Tuason
G.R. No. L-26127
November 28, 1974

Ruling
The settled rule, further, is that once the
registration court had acquired jurisdiction
over a certain parcel, or parcels, of land in
the registration proceedings in virtue of
the publication of the application, that
jurisdiction attaches to the land or lands
mentioned and described in the
application.
 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 in so far — but only in so far — 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. But the
proceedings and the decree of
registration, relating to the lands
that were included in the
publication, are valid.
Thus, if it is shown that a certificate
of title had been issued covering
lands where the registration court
had no jurisdiction, the certificate of
title is null and void insofar as it
concerns the land or lands over
which the registration court had not
acquired jurisdiction.
 Section 20

If the person
obtains title to land
which cannot be
registered under
the Torrens system,
he does not
become owner of
the land by virtue
of said title.
 Sections 21
The court may require applicants
to present additional facts and
other corroborative evidence as
may be relevant in the
determination and resolution of
the case.
 Sections 22

The land may be sold or

otherwise encumbered but
whatever may be the nature of
the transaction to be considered
in the final adjudication of the
case.
 Mendoza vs Court of Appeals
G.R. No. L-36637
July 14, 1978

Ruling
“The law does not require that the application
for registration be amended by substituting the
"buyer" or the person to whom the property
has been conveyed" for the applicant. Neither
does it require that the "buyer" or the "person
to whom the property has been conveyed" be
a party to the case. He may thus be a total
stranger to the land registration proceedings.”
 Mendoza vs Court of Appeals
G.R. No. L-36637
July 14, 1978

Ruling
“The only requirements of the law are: (1) that the
instrument be presented to the court by the
interested party together with a motion that the
same be considered in relation with the
application; and (2) that prior notice be given to
the parties to the case. And the peculiar facts and
circumstances obtaining in this case show that
these requirements have been complied with.”
PUBLICATION, OPPOSITION AND DEFAULT
 PP -- M-
M- PP

P
Publication
ublication
What are the three (3) modes of land
M ailing
Mailing
registration?

Posting
 Section 23
Notice of Initial Hearing
 The court must WITHIN 5 DAYS
from the filing of application,
shall issue an order setting the
date and hour of the initial
hearing which shall not be earlier
than 45 days nor later than 90
days from the date of order.
Notice of Initial Hearing

 Notice by means of publication,

mailing and posting is MANDATORY.
 The court has the power and duty to
set the hearing date.
 The notice of initial hearing is a
court document-the party applicant
has absolutely no participation.
 Republic vs. Manna Properties
G.R. No. 146527
January 31, 2005

Ruling
The facts reveal that Manna Properties was not at
fault why the hearing date was set beyond the 90-
day maximum period. The records show that the
Docket Division of the LRA repeatedly requested
the trial court to reset the initial hearing date
because of printing problems with the National
Printing Office, which could affect the timely
publication of the notice of hearing in the Official
Gazette.
 Republic vs. Manna Properties
G.R. No. 146527
January 31, 2005

Ruling
Indeed, nothing in the records indicates that
Manna Properties failed to perform the acts
required of it by law. We have held that ‘a party to
an action has no control over the Administrator or
the Clerk of Court acting as a land court; he has no
right to meddle unduly with the business of such
official in the performance of his duties.’ A party
cannot intervene in matters within the exclusive
power of the trial court.
 Republic vs. Manna Properties
G.R. No. 146527
January 31, 2005

Ruling

No fault is attributable to such party if the trial

court errs on matters within its sole power. It is
unfair to punish an applicant for an act or omission
over which the applicant has neither responsibility
nor control, especially if the applicant has complied
with all the requirements of the law.”
 (Caption and Title)
NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to have an interest and the
adjoining owners so far as known, and to all whom it may concern):

An application (or petition) having been filed in the above-entitled case by (full name
and address) praying for the registration and confirmation (or for the settlement and
adjudication, in case of petition in cadastral proceedings) of title to the following
described lands:
(Insert description)
You are hereby served this notice to appear before this Court at its session to be held at
_________________ on the ______________ day of _______________, 19 ______, at
_____________ o'clock in the _________ then and there to present such claims as you may
have to said lands or any portion thereof, and to submit evidence in support of such claim; and
unless you appear at said Court at the time and place aforesaid, your default will be recorded
and the title to the lands will be adjudicated and determined in accordance with law and the
evidence before the Court, and thereafter you will forever be barred from contesting said
application (or petition) or any decree entered thereon.

Witness, the Hon. ________________________ Judge of the Court of First Instance of _______
this _______ day of _________________, in the year 19______.
Attest:
Commissioner of Land Registration
 1. To confer jurisdiction;
2. To apprise the whole world of
the pending registration case so
thatis they
What may assert
the purpose their rights
of publication?
or interests in the land, if any,
and oppose the application if so
minded
PUBLICATION OF NOTICE OF INITIAL
HEARING
Upon receipt of the order of the
Publication
court
Thesetting in a newspaper
the case
publication forOG
in the of
initial
is
general
hearing,
ENOUGH circulation
the
toLRA remains an
shalljurisdiction
confer cause the
indispensible
notice toupon procedural
be published
the court.once in
requirement.
the Official Gazette and once in
the OG is enough to confer
jurisdiction upon the court.
 …because it is a component of
procedural due process and aimed
at giving “as wide publicity as
possible” so that all persons having
Why?
an adverse interest in the land
subject of the registration
proceedings may be notified
thereof.
 Within 7 days after publication in
the OG of the notice of initial
hearing, the LRA administrator
MAILING
shall TOaPERSONS
cause copy of NAMED IN to
the notice
APPLICATION
be mailed to every person named
in the notice whose address is
known
 Mandatory requirement
 The requirement that personal
notice shall be a prerequisite to the
Lack of personal
validity notice
of registration does
would
not vitiate
absolutely the proceedings
prohibit the foreclosure
of unknown claims, for the reason
that personal notice could never be
given to “unknown claimants.”
The purpose of the law in requiring
the giving of notice by all
What is the purpose of notice three
modes is to strengthen the Torrens
by all three modes?
system through safeguards to
prevent anomalous titling of real
property.
 …a step
New to the protection
publication
essential necessaryofto
persons
includeinterested in the
additional area
property which is intended to be
included.
 If the land borders on a river, navigable
stream or shore, an arm of the sea, or lake,
or if it otherwise appears that a tenant-
farmer or the national government may
MAILING
have an TO THE
adverse SECRETARY
claim to that of OF
the
If the applicant requests to have the
PUBLICthe
applicant, WORKS ANDalso
notice shall HIGHWAYS,
be mailed to
line of
the Secretary a public
of way
Agrarian or
Reform,road
Solicitor
GOVERNOR, AND MAYOR
determined
General, Director of Lands, Director of
Public Works and Communications,
Director of Forest Development, Director of
Fisheries and Aquatic Resources, as may be
appropriate
 Solicitor General represents the
What is the Role of the Solicitor General?
Government in all land registration
and related proceedings.
 Within 14 days before the initial
hearing, the LRA administrator shall
cause a duly attested copy of the
notice to be posted by the sheriff in
a conspicuousPosting
place on the land
applied for and also in a
conspicuous place on the bulletin
board of the municipality or city in
which the land is situated;
 Mandatory requirement.
 Sections 25
1. The oppositor must have an interest
in the land applied for
2. He should state the grounds for his
a. Based on the right of
objection as well as the nature of
dominion or some other real
hisREQUISITES
claimed interest
FOR OPPOSING
right opposed to the adjudication
APPLICATION:
or recognition of the ownership
3. The relief being prayed for
of the applicant, whether it be
limited or absolute
 All the allegations contained in the
application shall be held as confessed
by reason of the absence of denial on
the part of the opponent;
What
 The isperson
the effect
whoofhas
failing
nottochallenged
oppose?
cannot allege damage or error against
the judgment ordering the registration
inasmuch as he didn't allege or pretend
to have right over the land.
 H-P-A-P
H-P-A-P
H-P-A-P

H A
3. An wardee in a sales
PP
1. A omesteader who hasn't
A4.Who maywho,
2.application
A urchaser
erson file
of opposition?
claiming
friar
by land
to be
virtue
been issued his title but has
who
of in is
the
deemed
possession
award,toishave
authorized
of the
an land
equitable
to
andtake
has
title
fulfilled all the conditions required
possession
applied
to the land
with
of even
the
theland
LMB
before
tofor
enable
the
its
by law for the issuance of the
him toissuance
complypurchase
of
withtherequirements
patent
patent;
for the issuance of the patents
Private person may NOT file opposition on
behalf of the Government.
 The provision which allows the
court at once upon the motion
FAILURE TO APPEAR ON THE DAY OF of
the applicant, no reason to
INITIAL HEARING IS NOT A GROUND the
contrary appearing, to order
FOR DEFAULT WHERE OPPOSITION OR a
general default to be recorded,
ANSWER HAS BEEN FILED
cannot be interpreted to mean
that the court can just disregard
the answer before it.
 Section 26
Order of Default, when entered
1. Order of general default—if no
person appears and answers within
the time allowed; by description in
the notice “to whom it may
concern”, all the world are made
parties defendant and shall be
concluded by the default order
2. Order of special default—when
an appearance has been entered
and answer filed, default order shall
be entered upon against persons
who didn't appear and answer
 Section 26
Motion to lift order of General Default
An order of default is interlocutory
in character, subject to the control
of the court, and may be modified
and amended as the court may
deem proper at any time prior to
the rendition of the final judgment.
 Party declared in default loses his
standing
What in court;
is the effect of Order of Default?
 He cannot appear in court, be
heard or be entitled to notice
 Section 27

REGISTRATION PROCEEDINGS SHOULD

BE DISPOSED WITHIN 90 DAYS FROM
DATE THE CASE IS SUBMITTED FOR
DECISION
Burden upon the applicant to show
What is the proof required in registration
that he is the proceedings?
real and absolute owner,
in fee simple of such land.
13. Transcription
4. Transmittal
10. Issuance of of theof the
the applicationdecree
order for and of
the
5.
6. Publication
Service ofinof
registration notice
the notice
the upon of
registrationcontiguous
the book
filing
the
7.
issuance
1. Filing
12. date
Surveyof
Sending
REQUISITEofof
answer
initial
of
a decree
land
hearing
to
copy
STEPS the
ofbydeclaring
application
thetogether
the
decree Lands
will
the
by
of
2.
3.
of
owners,
9.
11.
and Setting
Filing
the
Promulgation
Entry
theapplication,
an
occupants,
the
of
issuance
the ofIN
application
date of
decree BRINGING
date
and
judgment
initial
of for
ofthose
and
the LAND
registration
hearing
place
by
known
owner’sthe
of
all
any
8.
decision
Management
Hearing
theperson
registrationdocuments
final
UNDER of the
whether
Bureau
and
to
THE caseinstructing
or
the
TORRENS or
byother
named
a
thedulycourt
evidence
the
licensed
in
corresponding
SYSTEM LRA
the
by
the
hearing
to
court
in have
the
application
duplicate
the applicant
interests
LRAin the OF
by
original inthe
and
the court
in
property
certificate a newspaper
of by the
title to
attached
notice
to
surveyor
issueorthe
Register ofnot
thereto
decreebyofthe
Deeds confirmation
Clerk of Court and
of
sheriff
the general
applicantcirculation
by the Register of Deeds,
to the LRA
registration
upon payment of the prescribed fees
 The Krivenko doctrine: aliens
Citizenship
disqualified Requirement
from acquiring public and
private lands.
 Section 27

Acquisition of agricultural lands of

the public domain limited to Filipino
citizens.
NO.Can
butaliens
they can
ownlease private
private land?land
for a reasonable period is valid.
 It was held that a corporation
sole, which consists of one person
only, is vested with the right to
May a corporation
purchase sole estate
and hold real acquireand
and to
register private agricultural land?
register the same in trust for
the faithful or members of the
religious society or church for which
the corporation was organized.
 The proclamation of Philippine
independence on July 4, 1946
did not impair Moss’ proprietary rights
over
Can athe said
land land because
acquired the 1935
by an American
Constitution provides that upon the
citizen in 1945 be registered under the
proclamation of Philippine
Ordinance appended
independence to the
“all existing 1935
property
Constitution?
rights of citizens or corporations of the
United States shall be acknowledged,
respected, and safeguarded to the
same extent as property rights of
citizens of the Philippines”
 “(E)ven if the plaintiffs can still invoke
the Constitution, or the doctrine in the
Krivenko case, to set aside the sale in
question, they are now prevented from
doing so if their purpose is to recover
Can a Filipino vendor recover land sold to
the lands that they have voluntarily
an alien?of their guilty
parted with, because
knowledge that what they were doing
was in violation of the Constitution.
They can not escape this conclusion
because they are presumed to know
the law.”