the cadastral system of land registration

8/10/2019 The Cadastral System of Land Registration

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THE CADASTRAL SYSTEM OF

LAND REGISTRATION


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CHARACTERISTICS & PURPOSE OF THESYSTEM

When in the opinion of the President of thePhilippines, public interest so requires that thetitle to any unregistered lands be settled andadjudicated, he may to this end, direct andorder the Director of Lands to cause to bemade a cadastral survey of the lands involved

& the plans and technical description thereofprepared in due form (Section 35 of PD


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PURPOSE

To serve public interest requiring that the titleto all lands be settled and adjudicated

Ordinary procedure was found too slow

To minimize land conflicts


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Ordinary Proceeding Cadastral Proceeding

Registration is voluntary Compulsory

Owner of the land or his legal heirs are theapplicant

The Director of lands on behalf of thegovernment is the applicant

Application usually refers to a private land All classes of lands are included

The person who files his application forregistration of the land is called applicant andthe person who objects is the opponent

The owners of the land comes to court asclaimants of their own lands

The petitioner asks the Court to confirm his titleand order the registration of the land in his name

Government asks the Court to settle andadjudicate the land described in the petition

Land is surveyed at the request of the owner Lands are surveyed by the Government w/cinitiates the registration of all lands in amunicipality for public interests

If there is no adverse claim & the applicant failsto prove his title to the land, his application may

be dismissed without prejudice (order ofdismissal does not constitute res judicata )

If none of the claimants can prove that he isentitled to the land, same is declared public

land and judgment is res judicata


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PROCEDURE


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SURVEY

Opinion of Phil President

Order Director of Lands to make survey and plan

Director gives notice to persons claiming interest in lands& to general public of day of survey

Geodetic engineers commences survey

During survey, boundaries are marked by monuments


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Filing of Petition for registration &Publication of Notices

Contents of Petition

Description of the Lands

Such other data as mayserve to furnish full noticeto the occupants of the

lands


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Publication of Notice of Hearing

Court orders date ofhearing

Publishing notice oncein Official Gazette

Newspaper of generalcirculation also once

Copy mailed to personwhose address is known


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Filing of Answer Any person claiming interest in any part of lands subject to petition

is required to file answer including the following information:

(a) The age of the claimant; (b) The cadastral number of the lot or lots claimed, as appearing on

the plan filed in the case by the Director of Lands, or the block andlot numbers, as the case may be;

(c) The name of the barrio and municipality in which the lots aresituated;

(d) The names and addresses of the owners of the adjoining lots sofar as known to the claimant;

(e) If the claimant is in possession of the lots claimed and can showno express grant of the land by the government to him or to hispredecessors-in-interest, the answer shall state the length of time

he has held such possession and the manner in which it has beenacquired, and shall also state the length of time, as far as known,during which the predecessors, if any, held possession;

(f) If the claimant is not in possession or occupation of the land, theanswer shall fully set forth the interest claimed by him and the timeand manner of his acquisition;

(g) if the lots have been assessed for taxation, their last assessedvalue; and

(h) The encumbrances, if any, affecting the lots and the names ofadverse claimants, as far as known.


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What if claimant files a false answer?

SECTION 116. Whoever knowingly swearsfalsely to any statement required to bemade under oath by this Act shall be guilty ofperjury and liable to the penalties provided bylaw for perjury.


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Hearing

Where the land is situated Like and ordinary TRC trial

Conflicting claims are determined

DUTY OF SENDING NOTICES OF DECISIONS TO

INTERESTED PARTIES -Clerk of Court


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Final Judgment

A proceeding in rem

Rationale: Public policy and public order demand not only

that litigations must terminate at some definitepoint but also that titles over the lands under the

Torrens System should be given stability for on itgreatly depends the stability of the countryseconomy.


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Jurisdiction & Powers of the CadastralCourt in Cadastral Proceedings

Adjudicate title to any claimant entitled thereto Declare a land public land Order the correction of technical description Order the issuance of a new title in place of the

title issued under voluntary registrationproceedings

Determine priority of overlapping titles Order partition of the property


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However, the cadastral court cannot:

Adjudicate the title to a lot already covered byhomestead patent

Decree again the registration of land alreadydecreed in an earlier land registration

Award damages

the cadastral system of land registration

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