Ordinary Land Registration (PD 1529, 13 steps)

Atty. jahmes

13 steps (SAD-TP-SAH-PIEST)
1) Survey 8) Hearing
2) Filing of Application 9) Promulgation of Judgment
3) Setting of Date for Initial Hearing 10) Issuance of Decree
4) Transmittal of Application to the LRA 11) Entry of Decree in LRA
5) Publication of Notice 12) Sending of a copy of to RoD
6) Service of Notice to interested parties 13) Transcription of Decree and issue of Cert. of Title
7) Filing of Answer/Opposition

WHO MAY APPLY (Sec. 14)

•Section 14. Who may apply. The following persons may file in the proper Court of First Instance an application for
registration of title to land, whether personally or through their duly authorized representatives:
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 of the public domain under a bona fide claim
of ownership since June 12, 1945, or earlier.
•HEIRS OF MARIO MALABANAN vs. REPUBLIC, G.R. No. 179987, April 29, 2009
“Possessor is entitled to secure judicial confirmation of his title…”
2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.
3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion
under the existing laws.
4) Those who have acquired ownership ofland in any other manner provided for by law.

SURVEY
•Survey of the land by the Land Management Bureau or a duly licensed private surveyor.
• It must be drawn in a tracing cloth plan.
• It is approved ONLY by the Director of Land Management.
• The Land Management Bureau [also, Bureau of Lands) 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 • F. Require interested persons to appear in court at
• B. Addresses the time of initial hearing
• C. Name and address of the petitioner • G. Statement that failure to oppose bar future
• D. Nature of the proceeding (ordinary or cadastral) claims.
• E. Technical Description of the land

Application is endorsed to MTC if there is no controversy over the land or its value is less than Php 100,000.00
•The Bureau of Lands must always be furnished with a copy of the petition and all pertinent documents.
• If land is situated between two boundaries of two provinces, application must be filed:
• Boundaries are not defined – in the RTC of the place where it is declared for taxation purposes.
• Boundaries are defined – separate plan for each portion must be made by surveyor and a separate application for
each lot must be filed with the appropriate RTC.
• If land is owned is common, ALL co-owners shall file the application for land registration jointly.
•The vendor may file the application for land sold under Pacto de Retro unless the period for redemption expire
during the pendency of the registration proceedings and ownership is consolidated in the vendee a retro, then the
vendee shall be substituted as applicant.
• Land subject of a trust agreement.
• Trustee may file on behalf of the beneficiary unless prohibited by the instrument creating the trust.
•Non-resident registrant (see Section 16)
• Note: If the agent/representative dies, or leaves the Philippines, the applicant shall forthwith make another
appointment for the substitute, and the court may dismiss the petition if he fails to do so,
• Land Registration Covering two or more parcels (Sec.18)

May a private corporation file the application? See Dir of Lands v IAC and ACME, GR No. 73002 Dec 29,1986 EN
BANC
Who may not apply?
• Public land sales applicant
• Antichretic creditor
• Mortgagee
• Others
Form of Application
• In writing
• Subscribed by applicant
• Sworn before an authorized officer of the place where the application was signed.
AMENDMENTS – refers to changes in the allegations in the application.
• FORMAL AMENDMENTS – mere amendment as to form.
KINDS of AMENDMENTS
• Joinder
• Substitution
• Discontinuance
•Amendments as to form may be allowed at any stage upon just and equitable terms. Publication may or may not be
required. (Sec. 19 par. 1)

SUBSTANTIAL AMENDMENTS (Sec 19 par. 2)

• Substantial change in the boundaries
• Increase in are of the land
• Inclusion of additional land

SUBSTANTIAL AMENDMENTS (Sec 19 par. 2)

• Publication under Sec. 23 of PD 1529 is a Jurisdictional Requirements.
•The purpose of the new publication is to give notice to all persons concerning the amended application. Without a
new publication, the court cannot acquire jurisdiction over the are not covered by the original application.
•The decision would be a nullity as to the newly included land. (GR No. L-26127 Benin vs. Tuason.)

What if the amendment is the the change of name of the applicant?

• Publication not required. (Dir of Lands v IAC GR No. 73246, 3/2/1993)

Setting of DATE
•Notice of Initial Hearing – The court shall issue an order setting the date and hour of the hearing within 5 days
from filing of the application, which hearing is not earlier than 45 days nor later than 90 days from the date of the
order. (Sec. 23)
•Note: If the date of initial hearing is set beyond 90 day period, Court still acquires jurisdiction. Applicant is not at
fault.

TRANSMITTAL of Application
•Transmittal of Application and date of initial hearing together with all documents or other evidences attached
thereto by the CLERK of COURT to the LAND REGISTRATION AUTHORITY.

PUBLICATION of Notice
•Publication of Notice of Filing of Application and date and place of hearing once in the Official Gazette and once in
a newspaper of general circulation in the Philippines.
•Note: If the publication is made after the date of the initial hearing , the entire proceeding will be null and void
because publication must PRECEDE the hearing in order for the court to acquire jurisdiction over the property.

SERVICE of Notice
•Service of notice upon contiguous owners, occupants, and those known to have an interest in the property by the
sheriff.

Modes: Publication, Posting, Mailing (Sec. 23)

• Mailing is made using registered mail addressed to persons indicated in Section 23.
• Posting – conspicuous place on EACH parcel of land, bulletin board of the municipal building, 14 DAYS before the
date of initial hearing.

FILING of ANSWER/OPPOSITION
•Who may file? (Sec. 25)
•Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or
before the date of initial hearing, or within such further time as may be allowed by the court.
•Order of Default (Sec. 26)
• 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.

HEARING
•Reception of evidence is governed by provisions of PD 1529 and the Rules of Court shall, insofar as not inconsistent
with the provision of this Decree . Ne applicable to land registration and cadastral cases by analogy or in a
suppletory character and whenever practicable and convenient. (Section 34)
•Reference to a referee (Sec. 27, PD 1529)

PROMULGATION of Judgment
• Judgment involves the adjudication, determination, and resolution of the question of ownership.
•Partial Judgment (Sec. 28)

Issuance of Decree
• Issuance of decree or ORDER by the court declaring the decision final and instructing the Land Registration
Authority to issue a Decree of Confirmation and Registration.
• It is not the court but the LRA which issues the decree of confirmation and registration. One year after issuance of
decree, it becomes incontrovertible and amendments of the same will not be allowed except merely in case of
clerical errors.

Entry of Decree
•Entry of Decree in the Land Registration Authority
•Contents: (Sec. 31)
•Effects: (Sec. 32)
•Entry of Decree serves as the reckoning date of the 1 year period from which one can impugn the validity of the
registration.
•Entry of Decree in the Land Registration Authority
•Contents: (Sec. 31)