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Land Titles - Judicial Confirmation of Imperfect TItle-Orig Reg Steps
Land Titles - Judicial Confirmation of Imperfect TItle-Orig Reg Steps
Imperfect Title
atty. jahmes
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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
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.
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.
Requisites in Ordinary
Land Registration (PD
1529,13 steps)
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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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