LTD ASSIGNMENT

1. Is it necessary that the notice of initial hearing for land publication be published?
a) What is the purpose of this publication?
b) Where are you supposed to publish?
c) Aside from publication, this notice of hearing shall also be posted by the sheriff of court. Where should
the same be posted?

A: Yes. In Fieldman v. Republic (G.R. No. 147359), “the purpose of publication of the notice is to require all
persons concerned, who may have any rights or interests in the property applied for, to appear in court at a certain
date and time to show cause why the application should not be granted.” Under Section 23 of PD 1529, “the
Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette
and once in a newspaper of general circulation in the Philippines.” Also, the sheriff of court shall post the same “in
a conspicuous place on each parcel of land included in the application, and also in a conspicuous place on the
bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated.”

2. Who can oppose the application? And, what should be alleged in the answer of opposition?

A: Under Section 25 of PD 1529, “Any person claiming an interest, whether named in the notice or not, may appear
and file an opposition.” The same provision also provides that, “The opposition shall state all the objections to the
application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired, and
shall be signed and sworn to by him or by some other duly authorized person.”

3. If one fails to answer, what will be the move of the applicant?

A: The applicant must file an urgent motion for the court to issue an order in default predicated on the failure to file
an answer of opposition. As stated by Section 26 of PD 1529, only “upon motion of the applicant” would the court
“order a default to be recorded, and require the applicant to present evidence.”

4. What is meant by “order of general default?”

A: Under Section 26 of PD 1529, “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.”

5. What are the evidences you are supposed to present to support your application?

A: In a land registration case, the applicant must prove “that the land applied for has been declassified from the
forest or timber zone and is a public agricultural land, is alienable and disposable, or otherwise capable of
registration, the identity of the land, and possession and occupation of the land for the length of time and in the
manner required by law.” In Heirs of Maningding v. CA (G.R. No. 121157), “while tax declarations and receipts
are not conclusive evidence of ownership, yet, when coupled with proof of actual possession, as in the instant case,
tax declarations and receipts are strong evidence of ownership.”

6. Make a simple application for land registration with the corresponding annexes to support the application.