LAND TITLES AND DEEDS-J. SERRANO 2012
July 26, 2012
Section 27Presentation of Evidence-hearing of trial properBasis:Rules on PD 1529Sec34
Rules of Court Section 37-38-applicable in suppletory characterSec27-purpose; referee does?4 things that the court will do aftersubmitting evidence:1.
Set it aside3.
Modify the report4.
Recommit or remandMotion to dismiss? Ground: Rule 60Register-no jurisdictionLack of jurisdictionIssue order dismiss WITHOUTPREJUDICE? Yes. Party may still file the same case because dismissal is without prejudice-plainstated remedy?Refile the case. All the procedures will berepeated alsoIf it is PREJUDICIAL-cannot file/barred/res judicataSpecific types of evidence:
Testimonial evidence thru witnesses3.
What must be proven?Sec14 petitioner is the owner of the landTax Declaration? NO. Proof that holder hasclaim of ownership over the property (republic vs sta ana burgos)Judgment of Decision-
adjudication or determination of thequestion of ownership in favor of oneof the claimants so that it will beregistered in his name
Partial Judgment? Yes.Subject of partial judgment When partial judgment?
What is required?Subdivision of land must be resubmittedand approved by the Director of LandManagement Registration What is adjudicated?Sec29 all conflicting claims and interest of the land What is the basis in its judgment?1.
Report of the director of LandManagement Bureau (Why? Survey plan was submitted to them beforehearing; the director approvessurvey plan; repository of allapproved survey plan)3.
Report of administrator of LandRegistration Authority (why? Whatis the significance of the report?Repository of decrees of registrationSec31) When does it become FINAL andEXECUTORY?Notice of judgmentPeriod of appeal is expiredPeriod of appeal-not yet F and EThere are remedies-after 15daysJudgment becomes final and executor whathappens next?Court will issue decree of registration andcertificate of title What is the form of decree of registration?Director of Registration-transcription of dispositive portion of judgment in whosename land should be registered1.
Signed by the LRA; Administrator3.
Date and hour of entry/recording of the registration