LAND TITILE MIDTERMS

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)

Cadastral System of Land Registration

Enabling Law

Act 2259, as amended.

PD 1529 Sec 35 - 38

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)

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"

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

When public interest so requires that title

to any unregistered lands be settled and
adjudicated

To expedite the settlement and adjudication

of titles to properties.

Nature of Proceedings

Filing of Answer

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 substantiate 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.
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.

Contents of the 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)

The answer shall be signed and sworn to

by the claimant or by some other
authorized person in his behalf, and shall
state whether the claimant is married or
unmarried, and if married, the name of
the spouse and the date of marriage, his
nationality, residence and postal address

Age

Cadastral number of the lot or lots

claimed

Name of the barrio and municipality

Names and addresses of the owners of the

adjoining lots

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)
is situated against the holders, claimants,
possessors, or occupants of such lands or
any part thereof, stating in substance that

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)

If the claimant is in possession of the lots

claimed and can show no express grant of
the land by the government to him or to
his predecessors-in-interest, the answer
shall state the length of time he has held
such possession and the manner in which
it has been acquired, and shall also state
the length of time, as far as known, during
which the predecessors, if any, held
possession
If the claimant is not in possession or
occupation of the land, the answer shall
fully set forth the interest claimed by him
and the time and manner of his
acquisition
if the lots have been assessed for taxation,
their last assessed value.

he encumbrances, if any, affecting the lots

and the names of adverse claimants, as far
as known

Each answer must cover one cadastral lot

only. If two cadastral lots or more are
claimed by one person and the evidence
to be submitted are common to all the
cadastral lots, the respective answer must
be related to one another.

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, )

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)
Actions during CC Trial

Decree The Judgment/Decision adjudicating

ownership of the land.
Declaration of Finality of Decree and Order
the LRA to issue the Certificate of Title.
Registration of the decree by LRA and
issuance of the Certificate of Title.

Notice of Decision to Parties

The duty of sending notice of decision to
interested parties devolves on the Clerk of
Court, and the period of appeal is 15 days
from the receipt of a copy thereof.

Nature/Effect of Judgment
A final judgment in a cadastral proceeding,
which is in rem, is binding and conclusive
upon the whole world.

Powers of Cadastral Court

Cadastral Courts have jurisdiction to:

1.
2.
3.
4.
5.

Effect of False Claim

The prosecution for falsification or

perjury is a proceeding in personam
which inquires into the liability of the
accused, any judgment will not affect the
title of the land.

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.

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.

decrees awarded in favor of the persons

entitled to the lands or to parts thereof

Adjudicate title to any claimant thereto:

Declare land a public land
Order the correction of a technical
description.
Order the issuance of a new title in place
of the title issued under voluntary
registration proceedings.
Resolve overlapping titles/Order
partition.

Cadastral Courts do not have the power to

determine and adjudicate title to a lot
already covered by a homestead patent to
a person other than a patentee.

No jurisdiction to decree again the

registration of land already decreed in an
earlier land registration case. The
jurisdiction over lands already registered
is limited to the necessary correction of
technical errors in the description of the
lands.

Does not have the power to award

damages but confined to the
determination as to whether the
claimants are really entitled to the lots
and the confirmation of title in their
name.

Adjudication of land in cadastral cases

covered by the one year period in Section
32 of PD 1529.

personally or through their duly

authorized representatives:

Judgment as Public Land

(1) Those 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 the public domain under a
bona fide claim of ownership since June 12,
1945, or earlier.

G.R. No. L-35778 January 27, 1983,

Republic vs. Vera.

Cost and Expenses

National government, provincial

government, and municipal government
pay each 1/10 of the cost of registration
proceedings, survey, and monumenting,

Remaining 7/10 taxed against the lots.

Vs. PD 1529

HEIRS OF MARIO MALABANAN vs.

REPUBLIC, G.R. No. 179987, April 29,
2009
Possessor is entitled to secure judicial
confirmation of his title

Nature of Registration: Compulsory

Applicant: Director of Lands

2) Those who have acquired ownership of private

lands by prescription under the provision of
existing laws.

All class of lands included (vs. involves

private land/public agricultural lands if
confirmation of imperfect title.)

(3) Those who have acquired ownership of private

lands or abandoned river beds by right of
accession or accretion under the existing laws.

Landowners come as claimant/Filing of

Answer

(4) Those who have acquired ownership of land in

any other manner provided for by law.

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.)

SURVEY

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.

Ordinary Land Registration (PD 1529, 13

steps)

It must be drawn in a tracing cloth plan.

It is approved ONLY by the Director of Land
Management.
The Land Management Bureau [also, Bureau
of Lands) 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.

13 steps (SAD-TP-SAH-PIEST
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

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.

WHO MAY APPLY (Sec. 14)

Section 14. Who may apply. The

following persons may file in the proper
Court of First Instance an application for
registration of title to land, whether

Survey of the land by the Land

Management Bureau or a duly licensed
private surveyor.

Application is endorsed to MTC if there is

no controversy over the land or its value
is less than Php 100,000.00
The Bureau of Lands must always be
furnished with a copy of the petition and
all pertinent documents.
If land is situated between two
boundaries of two provinces, application
must be filed:

Boundaries are not defined in

the RTC of the place where it is
declared for taxation purposes.
Boundaries are defined
separate plan for each portion
must be made by surveyor and a
separate application for each lot
must be filed with the
appropriate RTC.
If land is owned is common: ALL coowners shall file the application for land
registration jointly.
The vendor may file the application for
land sold under Pacto de Retro unless the
period for redemption expire during the
pendency of the registration proceedings
and ownership is consolidated in the
vendee a retro, then the vendee shall be
substituted as applicant.

Land subject of a trust agreement.

Trustee may file on behalf of the
beneficiary unless prohibited by
the instrument creating the trust.

Non-resident registrant (see Section 16)

Note: If the agent/representative dies, or
leaves the Philippines, the applicant shall
forthwith make another appointment for
the substitute, and the court may dismiss
the petition if he fails to do so,

Who may not apply?

Public land sales applicant
Antichretic creditor
Mortgagee
Others

Form of Application:

AMENDMENTS refers to changes in the

allegations in the application.

FORMAL AMENDMENTS mere

amendment as to form.

KINDS

of AMENDMENTS:
Joinder
Substitution
Discontinuance

Amendments as to form may be allowed

at any stage upon just and equitable
terms. Publication may or may not be
required. (Sec. 19 par. 1)
SUBSTANTIAL AMENDMENTS (Sec 19
par. 2)

Transmittal of Application and date of

initial hearing together with all
documents or other evidences attached
thereto by the CLERK of COURT to the
LAND REGISTRATION AUTHORITY.

PUBLICATION of Notice

In writing
Subscribed by applicant
Sworn before an authorized
officer of the place where the
application was signed.

Notice of Initial Hearing The court shall

issue an order setting the date and hour
of the hearing within 5 days from filing of
the application, which hearing is not
earlier than 45 days nor later than 90
days from the date of the order. (Sec. 23)

TRANSMITTAL of Application

What if the amendment is the change of

name of the applicant?
Publication not required. (Dir of
Lands v IAC GR No. 73246,
3/2/1993)

Note: If the date of initial hearing is set

beyond 90 day period, Court still acquires
jurisdiction. Applicant is not at fault.

The purpose of the new publication is to

give notice to all persons concerning the
amended application. Without a new
publication, the court cannot acquire
jurisdiction over the are not covered by
the original application.
The decision would be a nullity as to the
newly included land. (GR No. L-26127
Benin vs. Tuason.)

Setting of DATE

Land Registration Covering two or more

parcels (Sec.18)
May a private corporation file the
application? (See Dir of Lands v IAC and
ACME, GR No. 73002 Dec 29,1986 EN
BANC )

Substantial change in the

boundaries
Increase in are of the land
Inclusion of additional land
Publication under Sec. 23 of PD
1529 is a Jurisdictional
Requirements.

Publication of Notice of Filing of

Application and date and place of hearing
once in the Official Gazette and once in a
newspaper of general circulation in the
Philippines.
Note: If the publication is made after the
date of the initial hearing , the entire
proceeding will be null and void because
publication must PRECEDE the hearing in
order for the court to acquire jurisdiction
over the property.

SERVICE of Notice

Service of notice upon contiguous owners,

occupants, and those known to have an
interest in the property by the sheriff.
Modes: Publication, Posting, Mailing (Sec.
23)
Mailing is made using registered mail
addressed to persons indicated in Section
23.
Posting conspicuous place on EACH
parcel of land, bulletin board of the

municipal building, 14 DAYS before the

date of initial hearing.

Entry of Decree serves as the reckoning date of the

1 year period from which one can impugn the
validity of the registration

FILING of ANSWER/OPPOSITION
Who may file? (Sec. 25):
Any person claiming an interest, whether
named in the notice or not, may appear
and file an opposition on or before the
date of initial hearing, or within such
further time as may be allowed by the
court.
Order of Default (Sec. 26)
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

CASES

Public Land Act CA 141

(Registration through Administrative
Proceedings)
Origin
Act No. 2874 is the precursor of CA 141,
the latter taking effect on December 1,
1936.
Torrens System Coverage

Grants of public lands are brought under

the operation of the Torrens system
under Section 103, PD 1529.

Whenever public land is by the

Government alienated, granted or
conveyed to any person, the same shall be
brought forthwith under the operation of
this Decree. (Section 103, PD 1529)

HEARING

Reception of evidence is governed by

provisions of PD 1529 and the Rules of
Court shall, insofar as not inconsistent
with the provision of this Decree . Ne
applicable to land registration and
cadastral cases by analogy or in a
suppletory character and whenever
practicable and convenient. (Section 34)
Reference to a referee (Sec. 27, PD 1529)

Public Lands vs.

Other Governmental Lands

PROMULGATION of Judgment

Judgment involves the adjudication,

determination, and resolution of the
question of ownership.
Partial Judgment (Sec. 28)

Issuance of Decree

Issuance of decree or ORDER by the court

declaring the decision final and
instructing the Land Registration
Authority to issue a Decree of
Confirmation and Registration.
It is not the court but the LRA which
issues the decree of confirmation and
registration. One year after issuance of
decree, it becomes incontrovertible and
amendments of the same will not be
allowed except merely in case of clerical
errors.

Entry of Decree

Entry of Decree in the Land Registration

Authority
Contents: (Sec. 31)
Effects: (Sec. 32)

HEIRS OF MARIO MALABANAN vs.

REPUBLIC, G.R. No. 179987, April 29,
2009
G.R. No. 173365 Flores vs Bagaoisan April
15,2010
Republic vs. CA, G.R. No.
100709. November 14, 1997
REPUBLIC ACT No. 10023

Public land is equivalent to public domain

and includes only those lands capable of
private appropriation. Government lands
include public lands and other lands
owned by the government already
reserved to public use or subject to
private rights. (Art. 420)

Patrimonial property
Art 421, Art 422 NCC.
Art. 421. All other property of the State, which is
not of the character stated in the preceding article,
is patrimonial property. (340a)
Art. 422. Property of public dominion, when no
longer intended for public use or for public
service, shall form part of the patrimonial
property of the State. (341a)
Friar Lands

Act 1120.
CA No. 32 as amended by CA no. 316

Application

Lands of the Public Domain (Sec. 2 CA

141)
Only those lands shall be declared open to
disposition or concession which have
been officially delimited and classified
(Sec. 8)

Classification of Lands
(a) Agricultural;
(b) Residential, commercial, industrial, or for
similar productive purposes;
(c) Educational, charitable, or other similar
purposes; and
(d) Reservations for town sites and for public
and quasi-public uses.
G.R. No. L-630 November 15, 1947 KRIVENKO vs.
Register of Deeds
Disposition of Public Agri Lands:
1. For homestead settlement;
2. By sale;
3. By lease; and
4. By confirmation of imperfect or incomplete
titles:
(a) By judicial legalization
(b) By administrative legalization (free patent)
Homestead Chapter 4

Any citizen of the Philippines over the age

of 18 years, or the head of a family, may
enter a homestead of not exceeding 12
hectares of agricultural land of the public
domain

Procedure:
1. Filing of application with the Bureau of Lands.
2. Upon approval, Director of Lands authorizes the
applicant to take possession upon payment of
entry fee.
3. Within 6 months from approval, applicant must
begin to CULTIVATE the land. He must cultivate at
least 1/5 of the land, one to five years from date of
approval.
4. Applicant proves to Director of Lands that he
has resided continuously for at least one year in
the municipality where the land is situated(or
adjacent thereto) and has cultivated at least 1/5 of
the land. (PMP required)
5. Director of Lands order that the land be
surveyed by the Bureau and the corresponding
plan prepared.
6. Bureau of Lands prepares the homestead patent
issued in the name of the Republic of the
Philippines and signed by the President.
7. Certified Copy of the Patent is sent to Register of
Deeds and an OCT is issued to patentee.
Requirements:
1. CTC
2. Survey Notification Card, if any or
Approved Plan
3. Notice of Intention to file final proof
4. Barangay certification on posting of notice
5. Final proof of filing
6. Affidavit of land holding by applicant
7. Certification from CENRO that land is A&D
8. Document of ownership if any:

Deed of Donation if acquired by

purchase
Affidavit of Quitclaim/waiver from
survey claimant if applicant is not the
survey claimant
Tax Declaration
9. RTC Certification
10. The applicant must be in actual possession
and cultivation of its land applied for
11. Filing, Entry and Final fees of P 50.00,
P5.00 and P 5.00 respectively
Free Patent

Any natural born citizen of the

Philippines who does not own more than
12 hectare of lands and has continuously
occupied AND cultivated, either by him or
his predecessors-in-interest tracts of
public agricultural land subject to
disposition.

PROCEDURE or how to prove?

1. Community Tax Certificate for current year
2. Survey Notification Card, if any or
Approved Plan for subdivided lots
3. Land Tax Declaration in the name of the
Applicant or Evidence of payments of realty
taxes
4. Documents to show ownership of the land;
if by purchase (deed of sale)
if by purchase (deed of sale)
if by inheritance (extra judicial
partition/settlement of estate, or
Affidavit of Adjudication, if sole heir,
Waiver/Transfer of Rights from all other
Heirs of Applicant)
5. Posting of notice of Free Patent Application
by the applicant in the Barangay,
Municipality/City where land is located and
Certification of posting of notice from
Barangay Chairman, Municipal/City Mayors
or Members of the Barangay/Municipal
Council, that notice was duly posted
6. Affidavit of landholding by applicant, must
not be more than 12 hectares
7. Certification from CENRO concerned that
land applied for is within A&D
8. Certification from RTC Clerk of Court of
jurisdiction that land is not subject of any land
registration proceedings
9. Joint Affidavit (BL Form No. 28-730-1) if
filed under RA 782, 3872, PD 10723, RA 6940
& RA 9176
10. Single Affidavit (BL Form No. 28-15) of
applicant for Pre-War and Old Cadastral
surveys
11. Certification form DAR/MARO under
existing polices and issuances

12. Filing fee of Fifty (P 50.00) Pesos, plus

three (3) sets of BIR documentary stamps at
Fifteen (P 15.00) Pesos each.
Special Patent

Non-Christian Filipinos under Sec. 84 CA

141.
The Secretary of the DILG shall certify
that the majority of non-Christian
inhabitants of any given reservation have
advanced sufficiently in civilization.

PROCEDURE or how to prove?

1. Formal/Official request of the issuance

of a special patent
2. Approved Plan and Technical
Description of the land applied for
3. Copy of the Executive Order,
Presidential Proclamation or Special Law
authorizing the issuance of a Special
Patent.
4. Comments and Recommendation of the
RED/RTD concerned.

Conversion to private ownership

After a free patent application is granted

and the corresponding certificate of title
is issued, the land ceased to be part of the
public domain and become private
property over which the Director of Lands
has neither control nor jurisdiction.

Encumbrance/Restriction on Alienation

All lands acquired through homestead or

free patent are prohibited from being
alienated or encumbered within 5 years
from the date of issue/grant except in
favor of the Government and any of its
branches, units, or institutions. (Sec. 118,
CA 141)
No alienation, transfer, or conveyance of
any homestead after 5 years and before
25 years after issuance of title shall be
valid without the approval of the DENR
Secretary, which approval shall not be
denied except on constitutional and legal
grounds. (Sec 118 CA 141)
Purpose: To preserve and keep in the
family of the public land grantee that
portion of public domain which the State
has gratuitously given him.
Prohibition is mandatory, violation of
which renders the conveyance void ab
initio and cannot attain validity over time.

RA 10023 Free Patent

RA 10023 is entitled as an Act authorizing

the issuance of Free Patents to Residential
Lands. Effective Apr 3, 2014.

Who may apply?

Any Filipino citizen who is an actual

occupant of residential land for at least 10
years.

Land applied for is not needed for public

service/use.

The land should not exceed:

Highly Urbanized cities: 200 sq. m.
Other cities: 500 sq. m.
1st and 2nd municipalities 750 sq. m.
All other municipalities 1000 sq. m.
Coverage:
Lands that have been zoned as residential
areas, including townsites, and those
located inside delisted military
reservations or abandoned military
camps, and LGU townsites not covered by
RA 7586 (NIPAs Law)
Special Patents: Public land actually occupied and
used for public schools, municipal halls, public
plazas or parks and other government institutions
for public use or purpose may be issued special
patents under the name of the national agency or
LGU concerned. (Sec 4)

Application (Sec. 3)
Action (Sec. 6)
Removal of Restrictions (Sec. 5)

G.R. No. 144057. January 17, 2005,

Republic vs. Naguit

Sales Patent
Who may apply?
Filipino citizens of lawful age or who are
not but is the head of a family may
PURCHASE agricultural land of not more
than 12 hectares.
RA 730
Miscellaneous Sales Patent

An act permitting the sale without public

auction of alienable and disposable lands
of the public domain for residential
purpose.
Cf. Section Section 22 & 24 and 61 & 67 of
CA 141
The application to purchase the land is
called the Miscellaneous Sales Application
and the corresponding patent is called the
Miscellaneous Sales Patent.

WHO ARE QUALIFIED TO APPLY?

1. A Filipino citizen of lawful age, married; if
single, applicant must be the head or bread
winner of the family;
2. He is not the owner of a home lot in the
municipality/city where the land applied for
is located;
3. He must have occupied in good faith the
land applied for and constructed a house
thereon where
he/she and family is actually residing.
RA 730 Requirements:
1. Application Filing fee of P50.00;
2. Approved plan and technical description of
the land applied for;
3. Affidavit by applicant

-He is not the owner of any other home lot in

the municipality/city where he resides.
-He is requesting that the land be sold to him
under the provision of R. A. No. 730.
4. If the applicant is single, he must submit an
affidavit stating that he is the head or bread
winner of the family;
5. The land is not needed for public use.
Maximum Area

The applicant can only be granted a

maximum area of 1,000 square meters
PD 2004 amended Section 2 and now
provides:
SEC. 2. Lands acquired under the
provisions of this Act shall not be subject
to any restrictions against encumbrance
or alienation before and after the issuance
of the patents thereon.

RA 730 Steps:
1. Filing of application at the CENRO
2. Investigation and appraisal of the land
applied for
3. Survey of the land if not yet surveyed
4. Investigation report on applicant
5. Comment and recommendation of the
District/City engineer with the concurrence of
the Regional
Director, Department of Public works and
Highways
6. Recommendation to the PENRO for
approval of appraisal and request for
authority to sell without public auction
7. Approval of appraisal and grant of authority
to sell by the PENRO.
8. Posting of notice of sale for 30 days in the
following places:
CENRO Bulletin board
Municipal/City Hall BB
Barangay Hall BB
On the land itself
9. Submission of the proofs of posting and
payment of at least 10% of the appraised
value of the land.
10. Order of Award
11. Proof of full payment of the purchase price
of the land
12. Order issuance of Miscellaneous Sales
Patent
13. Approval and signature of the
Miscellaneous Sales Patent by the official
concerned
14. Transmittal of the Miscellaneous Sales
Patent to the Register of Deeds concerned for
the issuance of the corresponding Original
Certificate of the Title to the applicant

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.
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.
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)
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.
WHERE TO APPLY:

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)
CONTENTS of APPLICATION:

Sales Patent

Heirs of Gamos vs Frando G.R. No.

149117. December 16, 2004

Judicial Confirmation of Imperfect Title

WHO MAY APPLY:

The province or city where the land is

situated.

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 for taxation of the
property
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)

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.
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 tenant-farmer, or if
the government may have an
adverse claim.
Other persons the court may
deem proper.

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]

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

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.
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)
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.
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

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)

Service of notice upon contiguous owners

is indispensable and lack of service
constitutes 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,
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.

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)
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.
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.

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)

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)
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

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)

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.
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.

Default

Investigation Reports of Bureau

of Lands investigator
Legislative act or statute

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.
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.

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.

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)

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