Section 24.

Proof of Publication and Notice – The certification of the Commissioner of

Land Registration and of the sheriff concerned to the effect that the notice of initial
hearing, as required by law, has been complied with shall be filed in the case before
the date of initial hearing, and shall be conclusive proof of such fact.

• The conclusive proof that the notice of initial hearing has been complied with is a certification by the
Commissioner of Land Registration and the sheriff concerned
• This certification will be filed in the case before the date of said hearing

Benin v. Tuason
• 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 later, it is found out that there are lands which are not included in the registration as published,
the registration is considered as null and void only in connection to those lands which
were not published
• 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 25. Opposition to application in ordinary proceedings – 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. The opposition shall state all the objections to the application and shall set forth
the interest claimed by the party filing the same and apply for the remedy desired, and
shall be signed and sworn to by him or by some other duly authorized person.

If the opposition or the adverse claim of any person covers only a potion of the lot and
said portion is not properly delimited on the plan attached to the application, or in case
of undivided co-ownership, conflicting claims of ownership or possession, or
overlapping of boundaries, the court may require the parties to submit a subdivision
plan duly approved by the Director of Lands.

• All claims of third persons to a property must be asserted in the registration proceedings
o If a claim to a portion of the land is upheld, it is deemed adversely resolved with
finality then the portion will be segregated from the property and will not be included in
the decree of registration and certificate of title issued to the applicant
§ Can be petitioned for review within one year from issuance, on the ground of fraud
o A certificate of registration is more conclusive poof than a mere claim
 o If the claim is upheld by the court, the fact of ownership must be noted on the face of the
certificate
• A person who claims to have interest over a land may appear and file an opposition
o Before the date of initial hearing or within such further time as allowed by court
o Requisites for a valid opposition:
§ Oppositor must have an interest in the land applied for
• Opposition must be based on:
o Right of dominion, or
§ Total control of right to ownership
§ Title and possession
o Some other real right, whether limited of absolute
• To give a person legal standing to object to the application for registration,
“he must make some claim to the property”
o However, if the oppositor cannot show title in himself, he is not
incapacitated from opposing the registration, what matters is the
applicant must appear to have an interest in the
property
• Persons who may file opposition
o A homesteader who has fulfilled the conditions required by law for
the issuance of a patent but hasn’t been issued a title yet
o A purchaser of friar land who is deemed to have an equitable title
to the land even before the issuance of the patent
o An awardee in sales application who is authorized to take
possession of the land to enable him to comply with the
requirements for the issuance of patent
o A person claiming to be in possession of the land and has applied
with the Lands Management Bureau for its purchase
• Oppositions by the government
o Private persons may not file for opposition for the government
§ Because if the rights of the oppositor had not been
injured then he cannot have the right to oppose the
application
o Oppositions by the government acting through the OSG (as the
lawyer of the government)
§ All actions in the name of the republic not filed by the
OSG will be summarily dismissed
§ May be assisted by provincial or city prosecutors and
special attorneys, but still under the full control of the
OSG
 o Represented by the Director of Lands or Director of Forestry as
public oppositor in all land registration and related proceedings
o Regalian Doctrine – All public lands belong to the state
§ It is the burden of the private oppositor to over-throw the
presumption
§ Must show well-nigh incontrovertible proof
(almost undeniable proof)
§ State the grounds for objections and the nature of his claimed interest
§ Remedy desired
§ Signed and sworn to by him or by some other duly authorized person
• Unverified opposition are sufficient to confer standing in court
• They may be allowed to verify the opposition later on
• Especially when this is deemed to be waived because the applicant did not
invoke this requirement seasonably
• If the opposition only covers a portion of the land and this portion either:
o Does not have clear boundaries on the plan attached to the application
o There is undivided co-ownership
o There are conflicting claims of ownership
o Overlapping boundaries
• Then the court may require the parties to submit a subdivision plan duly approved by the
Director of Lands
• Effect of failure to file opposition
o If there is no opposition made to an application for registration, then it is held as
confessed by reason of absence of denial on the part of the opponent
o Any person who does not file an opposition cannot allege damage or error against order of
registration
• Absence of opposition is not equivalent to outright registration
o The state not only determines how title to real estate my be acquired and proved but also
the method of procedure
o Applicant is not assured of favorable decree by the land registration courts simply because
there is no one who filed an opposition against their claim
o Applicant must show that the is the absolute owner of the land
• Failure to appear on the day of initial hearing is not a ground for default where opposition or
answer has been filed
o When a opposition, based on substantial grounds has been filed and the oppositor failed to
appear on the day of initial hearing, it would be unjust for the court to just disregard such
opposition
• Government may appeal despite failure of agency to file opposition
o Government is not estopped by the mistake or error of its officials or agents
 • The proper motion to dismiss in a registration proceedings is a counterclaim
• Submission of subdivision plan, required if:
o The opposition or averse claim covers only a portion of the lot applied for which is not
delimited (the boundaries are unclear) on the plan accompanying the application
o In case of the undivided co-ownership, conflicting claims of ownership or possession, or
overlapping of boundaries

Roxas v. CA
• When a party adopts a particular theory, and the case is tried and decided upon that theory in the
lower court, he will not be permitted to change his theory on appeal
o Petitioner is bound by the theory behind her arguments before the RTC and the CA
• The general rule is that a question of jurisdiction may be raised at any time, even on appeal,
provided that doing so does not result in a mockery of the tenets of fair play