HEARING; JUDGMENT; DECREE IN CADASTRAL REGISTRATION PROCEEDINGS

Section 38. Hearing, Judgment, Decree. 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. All
conflicting interests shall be adjudicated by the court and 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.
IN THE ABSENCE OF ANY SUCCESSFUL CLAIMANTS, THE LAND SHALL BE
DECLARED PUBLIC LAND

WHAT ARE THE ACTIONS TAKEN IN A CADASTRAL PROCEEDING?

1. Adjudicates ownership in favor of one of the claimants

2. Declaration that the decree is final and its order for the issuance of certificates of title
by the LRA
3. LRA: issuance of the registration decree
ONLY UNREGISTERED LANDS MAY BE THE SUBJECT OF A CADASTRAL
SURVEY

JURISDICTION OF THE CADASTRAL COURT OVER PREVIOUSLY TITLED LANDS

> Limited to the necessary corrections

> Correct technical descriptions and priority over overlapping titles
> Courts are not aloowed to open again the decree of registration
CADASTRAL ANSWER MAY NOT BE THROWN OUT BY MERE MOTION OF
ADVERSE CLAIMANTS

AMENDMENT OF THE PLAN TO INCLUDE ADDITIONAL TERRITORY IS NULL AND

VOID UNLESS THERE IS NEW PUBLICATION—similar to voluntary registration
proceedings

WHEN DOES TITLE TO LAND IN A CADASTRAL CASE VESTED?

> Upon the promulgation of the order for the issuance of the decree, the land, for all
intents and purposes, had become from that time registered property which couldn't be
acquired through adverse possession
NEW TITLES MAY BE ISSUED FOR PRIVATE LANDS WITHIN THE CADASTRAL
SURVEY A DECISION DECLARING LAND TO BE PUBLIC LAND NOT A BAR TO
ANY SUBSEQUENT ACTION FOR CONFIRMATION OF TITLE
ISSSUANCE OF WRIT OF POSSESSION IMPRESCRIPTIBLE