LAND TITLE

Land: as an object, a real propertyRegalian doctrine: All natural resources belong to the State, includes land.2 fold view of title:

OwnershipHow do you obtain ownership of land from the State?

Certificate of TitleHow do you confirm and protect your ownership?Transactions on registered land (titled)

CHAPTER 1 TORRENS SYSTEM AND PURPOSE, THE GOVERNING LAW, THE PROPERCOURT

1. Torrens System a system for registration of and under which, upon the landownersapplication, the court may, after appropriate proceedings, direct the issuance of a certificate of title-the system of registration under the Spanish Mortgage Law has been discontinued and law landsgranted which are not yet covered by a certificate of title issued under the Torrens system areconsidered unregistered lands-first introduced in Australia by Sir Robert Torrens in 1857

2. Purpose: to quiet title of land to put a stop forever to any question of the legality of the title,except claims which were noted at the time of registration, in the certificate, or which may arisesubsequent thereto1.)avoid possible conflicts of title in and to real property (quiet title)2.)facilitate transactions relative thereto by giving the public the right to rely upon the face of theTorrens certificate- Tax declaration not reliable source of ownership, must be covered by Cert of Title before surveyorsurveys.- most effective measure to guarantee integrity of land titlesTake Note: purpose is NOT the acquisition of land but only the registration of title

3. Nature of proceedings: Registration of lands throughout the Philippines shall be in rem andshall be binding on the whole world because by the description in the notice To All Whom It MayConcern. It binds all persons known and unknown.- in rem: direcred at the object itself, title is binding on the entire world.

4. Governing Law: PD1529 (Property Registration Decree) June 11, 1978

5. Related laws: - before Land Registration Law (Act No. 496) Feb 1, 1903- Public Land Act (CA No.141) patents registered RofD, reconstitution

6. Jurisdiction: Regional Trial Court now have plenary jurisdiction over land registrationproceedings. Given the authority to act not only on applications for original registration but alsoover all petitions filed after with power to hear and determine all questions arising upon suchapplications or petitions.

7. Delegated Jurisdiction: Section 34 of Batas Pambansa Blg. 129 (Judiciary Reorganization Actof 1980) Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts maybe assigned by the Supreme Court to hear and determine cadastral or land registration casescovering lots where there is no controversy or opposition, or contested lots, the value of whichdoes not exceed P100,000. Their decisions in these cases shall be appealable in the samemanner as decisions of the Regional Trial Courts.

CHAPTER 2 ADMINISTRATION OF TORRENS SYSTEM 2 ways to acquire: --- see flowchart1. judicial proceeding RTC of place where land is located, may be other court if judge is slow,etc2. administrative proceeding

2 Agencies:1. Land Registration Authority agency of the government charged with the efficient executionof the laws relative to the registration of lands, and is under the executive supervision of the DOJ.-Headed by an Administrator and is assisted by 2 Deputy Administrators, all whom are appointedby the President upon the recommendation of the Secretary of Justice located near NSO in East Ave the central repository of all titles A. Function of the Authority:a. extend speedy and effective assistance to DAR, and other agencies for land reform program

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b. extend assistance to courts in ordinary and cadastral land registration proceedings, andc. central repository of records relative to original registration of lands

B. Functions of the Administrator:a. issue decrees of registration pursuant to final judgementb. exercise supervision and control over all Registers of Deedsc. resolve cases elevated on appeal from decision of Register of Deedsd. exercise executive supervision over all clerks and personnel of CFI in relation to registratione. implement all orders, decisions, and decisions relative to registration of lands, subj to DOJ Secf. verify and approve subdivision, consolidation and survey plans of properties titled underPD1529, except those covered by PD957.

2. Register of Deeds constitutes a public repository of records of instruments affectingregistered or unregistered lands and chattel mortgages in the province or city wherein such officeis situated-Appointed by the President upon the recommendation of the Secretary of Justice. And also, hasbeen in the practice of law for 3 years, and has been working for any branch of the government for3 years the function of which include the registration of property-assisted by a Deputy Register of Deeds, a member of the Philippine Bar and appointed by theSecretary of Justice upon recommendation of the Administrator of the Authoritylocated in respective areayou must register, old title cancelled and new one issued in your name* Registration in Register of Deed is binding to all even the court.

A.General Functions immediately register an instrument presented for registration dealing withreal or personal property which complies with all the requisites for registration-He shall see to it that said instrument bears the proper documentary and science stamps and thatthe same are properly cancelled-prepares and keeps an index system which contains the names of all registered ownersalphabetically arranged, and all the lands respectively registered in their names

B.Ministerial character of duty to register instrument Register of Deeds is entirely precluded fromexercising his personal judgment and discretion when confronted with the problem of whether toregister a deed or instrument on the ground that it is invalid.-The determination is a function that belongs to a court

C.When register of Deeds may deny registration of voluntary instruments1.) Where there are more than one copy of the owners duplicate certificate of title and not all suchcopies are presented to the Register of Deeds-every copy must contain identical entries of transactions2.) Where the voluntary instrument bears on its face an infirmity3.) Where the validity of the instrument sought to be registered is an issue in a pending court suit4.) When it is a private document. Section 112 of P.D. No. 152 provides that deeds of conveyancesaffecting lands should be verified and acknowledged before a notary public or other public officerauthorized by law to take acknowledgementTake Note: if the Register of Deeds is in doubt as to the proper action, he should submit thequestion to the Administrator of the LRACHAPTER 3 ORIGINAL REGISTRATION UNDER P.D. NO. 1529

1. Requisites in ordinary land registration proceedings:1.) Survey of Land by the Bureau of Lands or a duly license private surveyor2.) Filing of application for registration by applicant3.) Setting of date for the initial hearing4.) Transmittal of the application and all documents or evidence by the Clerk of Court to the LRA5.) Publication of a notice of filing and date and place of the hearing in the Official Gazette6.) Service of Notice upon contiguous owners, occupants, and interested parties by the sheriff7.) Filing of answer by any person whether named in the notice or not8.) Hearing of the case by the Court9.) Promulgation of judgment10.) Issuance of the decree by Court declaring decision final and instructing LRA to issue a decree11.) Entry of the decree of registration in the LRA12.) Sending of copy of the decree to the Register of Deeds13.) Transcription of the decree of registration in the registration book and issuance of the ownersduplicate original certificate of title by the Register of Deeds, upon payment of prescribed fees.Note: a certificate of titled issued without fully complying with the above requisites are thus illegaland invalid and may be cancelled by the courts

2. Who can be Applicants?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 ofthe public domain under a bona fide claim of ownership since June 12, 1945 or earlier-dont count the years when land was inalienable even if occupied2.) Those who have acquired ownership of private lands by prescription under the provisions ofexisting laws3.) Those have acquired ownership of private lands or abandoned river beds by right of accessionor accretion under the existing laws4.) Those who have acquired ownership of land in any other manner provided for by lawOthers who may file:1.) when the land is owned in common, all the co-owners shall file the application jointly2.) where land is sold under pacto de retro, the vendor a retro may file, but should the period forredemption expire during pendency, and ownership to the land is consolidated in the vendee aretro, the latter should substitute the former in the proceeding3.) a trustee on behalf of his principal, unless prohibited by trust

A. Acquisition under the Civil Code:(1) Art.1137: Ownership and other real rights over immovables also prescribe throughuninterrupted adverse possession thereof for 30 years, without need of title or of good faith.-this talks about ownership of private lands by prescription-The following rules shall apply: (TIE)1.The present possessor may complete the period by tacking his possession to that of his grantoror predecessor-in-interest2.The present possessor who was also the possessor at a previous time, is presumed to havecontinued to be in possession during the intervening time in the absence f proof to the contrary3.The first day shall be excluded and the last day included(2) Article 457: to the owners of lands adjoining the banks of rivers belong the accretion whichthey gradually receive from the effects of the current of the waters. Requisites are the ff:1.That the deposit be gradual and imperceptible2. That it be made through the effects of the current of the water3.That the land where accretion takes place is adjacent to the banks of rivers- Alluvion must be the exclusive work of nature, not caused by human intervention-Title is already vested in the riparian owner once accretion happens. He must only register it-Accretion from the sea is part of public domain and outside the commerce of man(3) Article 461:river beds through the natural change in the course of the water ipso facto belongto the owners whose lands are occupied by the new course in proportion to the area lost.However,the owners of land adjoining the old bed shall have the right to acquire the same by paying thevalue thereof, which value shall not exceed the value of the area occupied by the new bed

B. Acquisition by other means:

1.) By presidential proclamation a type of land grant constitutive of a fee simple title2.) When Republic of the Philippines cedes reserved areas example would be UP C. Persons who cannot file:1.A public land sales applicant is not a proper party to file for registration of the same land covered

by his sales application under administrative registration-however, an applicant is not barred from pursuing his application although his predecessor-in-interest was a free patent applicant if the latter, at the time he filed such public land application,had already acquired an imperfect title through continuous 30-year possession in the concept of anowner2.A mortgagee, or his successor-in-interest to the mortgage, cannot apply for the registration ofthe land mortgaged, notwithstanding lapse of the period for the mortgagor to pay the loan secured

or redeem it (pactum commissorium which is invalid) there must be a foreclosure proceeding3.An antichretic creditor because his possession is not the concept of an owner but a mere holderplaced in possession of the land by its owner the debtor mortgagee gets fruits of land of mortgagor to be applied to loan, payment comes from fruits ofland4. a person or entity whose claim of ownership to land had been previously denied in areivindicatory action, and the right of ownership thereto of another upheld by the courts, cannotapply for the same land in a registration proceeding-res judicata applies, no registration of land without applicant being its owner ejectment case lapses after 1 year accion publiciana (possession) accion reinvicatoria(ownership)

3. Forms and Contents of Application: (Sec 15 of PD1529-see Appendix A of book)It shall be in writing, signed by applicant, and sworn to before ay officer authorized. Theapplication shall contain the following:1. Description of the land + Plan duly approved by Director of Lands and technical descriptions2. Citizenship and civil status of the applicant3. Assessed value of the land, based on the last assessment for taxation purposes4. Mortgage or encumbrances of any kind, or names of interested persons. If none, state so.

5. Manner by which the applicant has acquired the land muniments of title6. Full names & addresses of all occupants & adjoining owners. If not known,state extent of search7. State if there any claims to public or private roads which bound the land (Sec 20)8. Court may require additional facts and papers. May also conduct an ocular inspection (Sec21)-an application may include 2 or more parcels of land belonging to the applicant/s provided theyare situated within the same province or city-an applicant who is not a resident must appoint a representative to file his application for him

A. Where to file RTC of province or city where land situated, MTC if below P400,000.- applicant shall also file together with the application all original muniments of titles or copies wand a survey plan of the land approved by the Bureau of Lands- Clerk shall not accept application unless shown that applicant furnished Director of Lands with

copy of the application and all annexes now, not required to furnish, automatically done. B. Ammendments to application and needed publication publish OG and sometimes required newspaper new publication not necessary if : (1) change in name (2) exclusion of portion of land- Sec 18 allows the court, at any time, to strike out one or more parcels of land in application- new publication and notice required if amendment consists in:1. a substantial change in boundaries2. an increase in the area of the land applied for; or3. the inclusion of an additional land

3. the inclusion of an additional land

CHAPTER 4 JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDERPUBLIC LAND ACT Practical purpose: similar to original registration, same proceduresGood title = not owner, but good faith 10 years: ordinary acquisitive prescriptionImperfect title = possession in bad faith 30 years: extraordinary acquisitive prescription 3 Req: (1) Alienable and disposable (2) 30 years possession (before filing) (3) Possession sinceJune 12, 1945 (need not be exact can be earlier), even if not yet declared alienable

1. Nature of Proceeding- same proceedings as original registration, similarities include: (1) both against the whole world,(2) nature of judicial proceedings, (3) decree of registration issued is conclusive and final (4)governed by the same court procedure and law of evidence2. Changes in law: now 30 years plus possession since JUNE 12, 1945

3. Extended Period for filing applications now: till Dec. 31, 2020

1. for public use such as roads, canals, rivers, torrents, ports, bridges constructed by the State,banks, shores, roadsteads and others of similar character2. belong to the State (res publicae) for public service or development of national wealth

- Also, waters are of public domainA. Ex) public market, public plaza, municipal street or public bldgs, Roppongi property in Tokyo

2. Specific kinds of non-registrable lands:A. Forest or timberland, public forest, forest reserves not descriptive but legally defined as classified by government

power to classify or reclassify public lands into alienable or disposable landsexclusive prerogative of the Executive Department and not the courtsin the absence of such classification, land remains unclassifiedneeds a positive act, not limited to an official proclamation by the President or byan act of Congress, may be done by mere administrative orders issued by theDENR Sec, and by the BF Classification Maps, for as long as the intention toclassify the land into alienable and disposable is clearly and positively manifest.

term forest land explained

- does not lose such classification simply because loggers or settlers may havestripped it

- classification is descriptive of its legal nature and status and does not have tobe descriptive of what the land actually looks like

B. Mangroves swamps filtering pollution, form part of public forestsC. Mineral lands- possession of a mineral land, however long, does not therefore confer upon the possessor anypossessory right what if it was a private land where in minerals are then discovered? Title is still valid butmineral deposits are owned by the State (mineralized land)

D. Foreshore land and Seashore may apply for foreshore lease-foreshore: that part of the land which is between high and low water and left dry by the flux andreflux of the tides-even alluvial formation along seashore is part of public domain Beach. If you want to use the beach to make a pier from your house to the ocean, you have toget a foreshore lease from State

E. Navigable rivers, streams and creeks doesnt matter W/N navigable, ALL not registrable-3 elements of a river: (1) the running waters (2) the bed (3) the banks only one nature- creek: recess or arm extending from a river and participating in the ebb and flow of the seaF. LakesG. Military ReservationsH. Other kinds of reservations- reservations for specific purpose. ex) medical center

1. authority to make reservation - President2. Baguio Townsite reservation public domain and non-registrable

I. Watershed water from roots of trees on top of mountains- defense from soil erosion and guarantees steady supply of water

J. Grazing lands pasture lands found in the mountains, part of forest reserveK. Previously titled land 1

st title presumed valid, 2

nd decree null and void (Legarda v. Saleeby)

- except if older title fake and fraudulent (title of Araneta University)L. Alluvial deposit along river when man made avulsion if not natural movement of water belongs to the State if land reclaimed: land of public domain, but government may declare alienable (PEA v. Amari) CHAPTER 6 PUBLICATION, OPPOSITION, DEFAULT FILING ORDER OF INITIAL HEARING Publication, Mailing, Posting INITIAL HEARING- must be published and released before hearing!

1. NOTICE OF INITIAL HEARING (Sec 23)

After filing the application, the RTC after 5 days from filing must issue an order settingthe date and hour of the initial hearing which shall not be earlier not 45 days norlater than 90 days (45

-if the difference between the publication and the registered deed is not so substantial, then thedecree is completely valid-if during the proceedings, amendments are done to the original survey adding land not previously

included in the original plan should new publication be made.-Conversely, if the amendment does not involve an addition, but contrary, a reduction of theoriginal area that was published, no new publication is required-courts which have been validly acquired jurisdiction cannot be divested of such jurisdiction by asubsequent administrative act(2) meaning of proviso that publication of notice of initial hearing in the OG shall be

sufficient to confer jurisdiction upon court not meant to dispense with mailing and byposting, also publication in newspaper of general circulation still mandatory and imperative.(3) Defective publication and effect- A defective publication of notice of initial hearing deprives court of jurisdiction. Instances are:1. What was published is a bigger area which includes lands subject of registration- Application should contain the description of the land- publication of specific boundaries of lands is what notifies interested parties.- the adjoining owners of the bigger lot would not be the same as the owners of the smaller lotssubject of registration. Hence, notice to adjoining owners of the bigger lot is not notice to those ofthe smaller lots2. Where the actual publication of the notice was after the hearing itself

B. Mailing and Posting of Notice of Initial Hearing(1) Persons and officials to whom notice given by mailing-Commissioner of LRA shall cause a copy of the notice of initial hearing of the application to the ff:1.)to every person named in the notice within 7 days after publication of said notice2.)secretary of Public works and highways, Provincial Governor and to the Mayor of theMunicipality or city in which the land lies3.)Secretary of Agrarian Reform, Solicitor General, Director of Land Management, Director of Minesand/or Director of Fisheries and Aquatic Resources4.)To such other persons as the court may deem proper

(2) Notice by Posting-Administrator of LRA shall cause the Sheriff to post in a conspicuous place on each parcel of land,and on the bulletin board of the municipal building 14 days before the date of the initialhearing

(3) Proof of publication and notice jurisdictional requirements for conclusive proof- Certification of the Administrator of LRA and- certification of posting of the Sheriff

2. OPPOSITION to application in ordinary proceedings when: (1) before (2) during (3) after but with leave court = initial hearing who: (1) those claiming ownership (2) who has interest (mortgagor)-any person claiming an interest, whether named or not, may appear and file an opposition on orbefore the date of initial hearing, or within such further time as may be allowed by the court-the oppositor does not have to show title in himself, he should however appear to have aninterest in the property- required to file an answer: a verified oppositionA. The oppositors- need not be named in notice- need not show title but must have interest (immaterial if interest is legal or purely equitable)- the following may be proper oppositors:1.a homesteader who had not yet been issued his title but who had fulfilled all the conditionsrequired by law to entitle him to a patent2.a purchaser of friar land before the issuance of the patent to him3.persons who claim to be in possession of a tract of public land and have applied with the Bureauof Lands for its purchase-however, a mere foreshore lessee of public land cannot be an oppositor, since he cannot beconsidered an equitable owner of the land, right subordinate that of government- owners of buildings and improvements on the land applied for should claim them. If such claimis sustained by the court, the fact of ownership must be noted on the face of the certificate of title.

B. Contents and form of opposition in writing, under oath and notarized- failure to verify said pleading is not sufficient to divest the party from his standing in court

3. DEFAULT-absent any oppositor, the court will then issue an order of defaultA. Effects of Default-where there is no opposition, all the allegations in the application are deemed confessed on thepart of the opponent.-a defaulted interested person may however gain standing in court by filing a motion to set asidethe order of default, show that failure to answer was due to: (FAME)

FraudAccidentMistake, orExcusable neglect and that he has a meritorious defense.

B. When default order improper-Where an oppositor has already filed with the court an opposition based on substantial grounds, itis improper, even illegal, to declare him in default for failure to appear-remedy to contest an illegal declaration or order of default is a petition for certiorari, not anappealC. Motion to dismiss application- In a land registration cases, motion to dismiss application or opposition is allowed even if notprovided for in LRA, since Rules of Court allows the application of the rules in a suppletory

provided for in LRA, since Rules of Court allows the application of the rules in a suppletorycharacter or whenever practicable and convenient.- may dismiss on grounds of lack of jurisdiction, as lands sought to be registered had been

previously registered in the names of the oppositiors.- on ground of res judicata, former judgment in a case of recovery of possession final. There isidentity of causes of action because in accion reivindicatoria possession is sought on the basis ofownership and the same is true in registration cases. No matter if first case by court of generaljurisdiction, and second case in one of limited jurisdiction, such as a registration court. That bothcourts should have equal jurisdiction is not a requisite of res judicata.

CHAPTER 7 EVIDENCE 1. Burden of Applicant- all applicants must overcome the presumption that land is public domain, and to do this he mustpresent competent, clear, and persuasive evidence of private ownership or acquisition from thegovernment.- basic rule: applicant must stand on the strength of his own evidence. He must submit evidenceto the court although no one appears to oppose his title and registration. He should not rely onthe absence or weakness of the evidence of the oppositors.

2. What the Applicant must prove1. agricultural: alienable and disposable2. identity of land3. possession and occupation4. if private ownership: muniments of title

3. Specific EvidencesA. Proofs land declassified from forest zone, alienable and disposable, and is registrable1.)Presidential proclamation2.)Executive order3.)Administrative order issued by the Secretary of Environment and Natural Resources4.)Bureau of Forest Development (BFD) Land Classification Map5.)Certification by the Director of Forestry; and reports of District Forester-mere recommendation of the District Forester for release of the land not evidence of such release6.)Investigation reports of Bureau of Lands investigator7.)Legislative Act, or by statute

B. Proofs NOT sufficient to establish declassification1.)Survey plan, even if approved by the Bureau of Lands2.)Conversion of land into fishpond and the titling of properties around it3.)Land has become highly developed residential or commercial land4.)Pasture lease permits5.)Public grazing land within a forest reserve6.)Certification by the Director of Forestry

C. Proofs on identity of land

1.)Survey plan in general by geodetic surveryor-must be approved by the Director of Lands-shows its boundaries and total area clearly identifies and delineates the extent of the land.

2.)Tracing cloth plan and blue print copies of plan get from surveyor- to fix the exact or definite identity of the land as shown in the plan and technical descriptions better to have 2 copies: (1) submitted to LRA (2) submitted as requirement to court

a. cases where mandatory requirement not strictly applied -blueprint copy certified by LMB-DENR (Spouses Recto v. Rep)-true certified copy of white paper plan suffices, since bore the approval of LRC andapproved by Bureau of Lands (Director of Lands v. CA)b.cases where mandatory requirement strictly applied respondents duty to retrieve tracing cloth plan from clerk to give to LRA and submit court (Del Rosario v. Rep)

3.)Technical description of the land applied for, duly signed by a Geodetic Engineer by surveryor, copied and placed on CTCT4.)Tax Declarations mentions boundaries, though not precise, not real evidence of identity- differences in description of land boundaries acceptable if logically explained5.)Boundaries and area-well defined boundaries will prevail over area, provided clear and convincing

D. Proofs of private ownership

1.)Spanish titles in pending cases now inadmissible! Deadline: August 16, 19762.)Tax declarations and realty tax payments if none, can rely on testimonial evidence-non conclusive evidence of ownership, but they are at least proof that the holder had a claim oftitle over the property, also at best indicia of possession.-but they become strong evidence of ownership when accompanied by proof of actual possessionof the property.-cast doubts:Irregular payment, discrepancies in names of owners, and disparity in the size of land- But mere failure to pay realty tax, does not warrant a conclusion of abandonment of property3.)Presidential issuances and legislative acts4.)other kinds of proof: - Testimonial evidence - Deeds of sale (muniments of title)

NAMRIA (National Maps in Fort) they have all maps of Philippines, even classification maps E. Proofs NOT sufficient to establish private right or ownership1.)compromise agreement2.)decision in an estate proceeding of a predecessor-in-interest of an applicant which involved aproperty of a decedent who had no transmissible right3.)A survey plan, even if approved

F. Possession as mode of acquiring ownership(1) Effect of possession-OCEN, by operation of law becomes private property-not enough to declare a mere conclusion of law, must state factual evidence of possession,present specific facts that would show such nature of possession.

(2) Start of requisite period- It is only the date it was released as an agricultural land for disposition that the period ofoccupancy for purpose of confirmation of imperfect or incomplete title may be counted- BUT vested right if possession of lands for 30 years or more antedates classification as forest

(3) Tacking of possession to that of predecessor- applies only when there is privity between the successive possesors

G. Insufficient Proof of possession; negating circumstances1.)mere casual cultivation of portions of land2.)tax declaration (in name of oppositor, or belated)3.)possession by mere tolerance4.)did not present predecessor as witness or tenant not able to identify land-no proof of possession of predecessor5.)failure of fiscal to cross-examine the applicant6.)the possession of other persons7.)declaring uncultivated land for taxation purposes and visiting it once in a while

CHAPTER 8 HEARING, JUDGMENT AND POST-JUDGMENT INCIDENTS IN ORDINARYLAND REGISTRATION

1. Speedy hearing, reference to a referee, order of trial even if no oppositor, applicant must still present evidenceThe trial court must dispose of the case within 90 days from date of submission thereof fordecision-may refer to a referee who shall hear the parties and their evidence, and the referee shall submithis report to the court within 15 days after termination of such hearing-the court in its discretion may accept the report, or set it aside in whole or in part

2. Res Judicata may also bar the proceedings. Requisites:a. the former judgment must be finalb. must have been rendered by a court with jurisdiction over the subject matter and of the partiesc. judgment on the meritsd. there must be identity of parties, of subject matter, and cause of action(1) decision in a cadastral proceeding if no final adjudication, no res judicata.(2) final judgment in ordinary civil action if ownership of land, same party and property, resjudicata applies.

3. Judgment in a case where only a portion of the land subject of registration is contested, thecourt may render partial judgment, provided submits to court a subdivision plan showingcontested and uncontested portions approved by the Director of Lands.-if the applicant asserts ownership to and submits evidence only for a portion of a lot, the inclusionof the portion not claimed by the applicant is voidA. Only claimed property or portion thereof can be adjudged- Inclusion of portion not claimed by applicant is void and no effect since court has no jurisdiction.B. Where portions of a land are covered by public land patents land patent (title): should file for cancellation for title, only after can file for application of reg.

- if covered by titles based on homestead, free or sales patent, court cannot invalidate themC. Reports of Administrator of LRA and the Director of Land Management the duty of LRA officials to render reports is not limited to the period before the courts decisionbecomes final, but may extend even after its finality but not beyond the lapse of 1 year from theentry of the decree

D. In whose name registration of land may be made winner of case or buyer-Dealings while land pending: Applicant may sell the land during pendency of the proceedingbecause the proceeding recognizes him as the owner. The buyer may be a stranger to the case,the only requirements for the decree to be issued to the buyer is that: 1.) that the instrument bepresented to the court by the interested party together with a motion that the same be consideredin relation with the application and 2.)that prior notice be given to the parties to the case applicant already owner and therefor may sell even pending litigation. deed of sale must be presented to court by either buyer or applicant. If sale involves whole land, buyer substitutes (advisable but not mandatory) any 3rd party interest (mortgage) must be made known to the judge if not known, buyer or interested party may not run after land, but just for damages or estafa. 3.Finality of judgment 15 calendar days (including Sat and Sun) after the receipt of decision, becomes final provided by the Decree is to the lapse of 15 days counted from receipt of the notice ofjudgment. If an appeal is taken from the judgment of the lower court, the 15 day period should bereckoned from receipt of notice of judgment of the appellate court

A. Receipt of Solicitor General, not by Fiscal, binds the government- Court orders and decisions sent to the Fiscal, acting as the agent of the Solicitor General in landregistration cases, are NOT binding until they are actually received by the SolGen

B. Retained control of the courts-Notwithstanding the lapse of 15 day period, the court continues to retain control of the case untilthe expiration of 1 year after the entry of decree- As long as a final decree has not been entered by LRA, the period of 1 year has not elapsed, thetitle is not finally adjudicated and decision remains under control and sound discretion of court

C. When Court has to issue order(or decree) of registration-After the judgment directing the registration of title to the land has become final, the court shall,within 15days from entry of judgment, issue an order directing the Administrator to issue thecorresponding decree of registration and certificate of titleThe clerk of court shall within 15days send to the Administrator certified copies of the judgmentNote: the court may nonetheless still issue said order even beyond that period so as not toprejudice the adjudged owner. Reason for this is that the judgment is merely declaratory incharacter and does not need to be enforced against an adverse party. Furthermore, issuance ofdecree is a ministerial duty of both judge and LRA. Decree issued pursuant to such judgment evenafter the lapse of 10 years not void, since not under Statute of limitations or laches.

5. Remedies where records are lost or destroyed- If records are lost and not reconstituted pursuant to law, the parties are deemed to have waivedthe effects of the decision rendered in their favor and their only alternative is to file an action anewfor the registration in their names of the lots in question- If the records of the trial court are intact and only the records in the appellate court weredestroyed, then the rule is: The parties should go back to the next preceding stage where recordsare available, but not beyond that- Burden to reconstitute the same is on the parties who are interested in preserving alleged rights.

6. Post Judgment IncidentsA. Writ of Possession Sheriff serves it to trespasser, if still doesnt leave, cited for contempt and writ of demolition isimplemented by the sheriff and police.- a mere post-judgment incident that is governed by special rule.-Judgment of ownership to successful applicant impliedly carries with it the delivery of possessionof subject land, since right of possession is inherent in that of ownership.-a writ of possession may be issued not only against the person who has been defeated in aregistration case but also against anyone unlawfully and adversely occupying the land-pendency of a reconveyance suit between same parties and land not a bar to issuance of writ- no period of prescription for its issuance(1)When writ may not be issuedWhen parties against whom a writ of possession is sought have been in possession of the land forat least 10 years, and they entered into possession apparently after the issuance of the finaldecree, and none of them had been a party in the registration proceedings, the writ of possessionwill not issue. They cannot be ousted without giving them their day in court.- the proper remedy can be a separate action for unlawful entry or detainer,or reivindicatory action action for ejectment, but no need to file this if you can prove 3rd parties are connected to losingparty.- writ cannot be issued in a petition for reconstitution of allegedly lost or destroyed certificate of

title because reconstitution does not involve issue of ownership(2)Remedy when there is refusal to vacate land despite writ- may be charged and punished with contempt

- may be charged and punished with contempt

B. Writ of demolition- a complement of the writ of possession, without which the latter would be ineffective

CHAPTER 9 CADASTRAL REGISTRATION PROCEEDING There are 2 methods of land registration (1) Judicial (2) AdministrativeThere are 3 ways for Judicial acquisition: (1) Original Registration (2) Confirmation of Imperfecttitle and (3) Cadastral Registrationowners do not make the first move, since they usually belong to poor people of society(homesteader, patent)no money to file application or survey, so government files in court to settlean act of generosity by government: they adjudicate to settle titles for these settlers procedure: (1) publication of survey, in the presence of people who are supposed owners(2) government files with court, notice of hearing, mailing and posting

1. Nature of cadastral proceeding- in rem and against everybody, judgment binding on the whole world- involuntary since initiative in filing is by the government- objective similar to ordinary reg: adjudication of title to lands. The effects of the decrees is thesame as obtaining by virtue of the ordinary land registration proceeding

2. Cadastral survey preparatory to filing petition- steps and safeguards to be taken by both the Director of Land Mgmt and geodetic engineers1.)When in the opinion of the President of the Philippines public interest so requires, he may orderthe Director of Land management to cause a cadastral survey of the land, and plans and technicaldescription prepared in due form.2.)Director of Land Management shall give notice of day of survey to persons claiming any interest

in the lands as well as the general public once in the Official Gazette (not required in newspaperof general circulation) and posted in a conspicuous place on the bulletin board of municipalbuilding. Copy of notice also sent to mayor, barangay captain, and Sangguniang Bayan.3.)Geodetic Engineers shall give notice in advance before the survey shall take place. Such noticeshall be posted in the Bulletin board and shall mark the boundaries of the lands by monuments. Lawful for geodetic engineers and other employees to enter land when necessary.4.)Every person having interest must communicate with the Geodetic Engineers5.)Any person who interferes shall be punished by a fine

(1) decree of court judgment adjudicating ownership of land in favor of one or more claimants(2) declaration by court that decree is final and its order for the issuance of CoT by LRA.(3)registration of the decree by LRA and issuance of corresponding CoT.

B. Scope and limitations of jurisdiction-the cadastral court is not limited to merely adjudicating ownership in favor of one or moreclaimants. If there are no successful claimants, the property is declared public land-the cadastral court may also:(1)order the correction of the technical description of the land(2)resolve as well the priority of over-lapping titles-the cadastral court has no authority to award a land or property to persons who have not put anyclaim to it and have asserted any right of ownership therein.

C. Finality of judgment; its effects-appeal also within 15 days from notice of judgment-after judgment, may issue writ of possession or even a complementary order of demolition

7. Reopening of cadastral cases no longer allowed-Courts are without jurisdiction or authority to reopen a cadastral proceeding since Dec 31, 1968 so just try to file for an administrative proceeding

1 | Land Titles Midterms Reviewer J. WONG