Notes: Assignment

of the applicant, notice of the initial hearing shall be given in the same manner
● Andal - 146- 154
to the Secretary of Agrarian Reform, the Solicitor General, the Director of
● Cruz -155-163 (DONE)
Lands, the Director of Mines and/or the Director of Fisheries and Aquatic
● de Guzman - 164-172 (done!) (TY!)
Resources, as may be appropriate.
● Gomez - 173-181
● Osorio - 182 - 192 (done)
3. By posting. — The Commissioner of Land Registration shall also cause a duly attested
copy of the notice of initial hearing to be posted by the sheriff of the province or city, as
PUBLICATION, OPPOSITION AND DEFAULT
the case may be, or by his deputy, in a conspicuous place on each parcel of land included
1. Notice of initial hearing, publication, etc. (Sec. 23)
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,
Sec. 23 Notice of Initial Hearing , Publication, etc. — The court shall, within five days from filing of fourteen days at least before the date of initial hearing.
the application, issue an order setting the date and hour of the initial hearing which shall not be The court may also cause notice to be served to such other persons and in
earlier than forty-five days nor later than ninety days from the date of the order. such manner as it may deem proper.
The notice of initial hearing shall, in form, be substantially as follows:
The public shall be given notice of the initial hearing of the application for land registration by
means of (1) publication; (2) mailing; and (3) posting. (Caption and Title)
NOTICE OF INITIAL HEARING
1. By publication. — To (here insert the names of all persons appearing to have an interest and the adjoining owners so
Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land far as known, and to all whom it may concern):
Registration shall cause a notice of initial hearing to be published once in the Official Gazette and
once in a newspaper of general circulation in the Philippines: Provided, however, that the An application (or petition) having been filed in the above-entitled case by (full name and address)
publication in the O􀀿cial Gazette shall be su􀀿cient to confer jurisdiction upon the court. Said notice praying for the registration and confirmation (or for the settlement and adjudication, in case of
shall be addressed to all persons appearing to have an interest in the land involved including the petition in cadastral proceedings) of title to the following described lands:
adjoining owners so far as known, and "to all whom it may concern". Said notice shall also require all (Insert description)
persons concerned to appear in court at a certain date and time to show cause why the prayer of You are hereby served this notice to appear before this Court at its session to be held at ___________
said application shall not be granted. on the _________ day of _______________, 19____, at ___________ o'clock in the _________ then and
there to present such claims as you may have to said lands or any portion thereof, and to submit
2. By mailing. — evidence in support of such claim; and unless you appear at said Court at the time and place
(a) Mailing of notice to persons named in the application. — The Commissioner of aforesaid, your default will be recorded and the title to the lands will be adjudicated and determined
Land Registration shall also, within seven days after publication of said notice in accordance with law and the evidence before the Court, and thereafter you will forever be barred
in the O􀀿cial Gazette, as hereinbefore provided, cause a copy of the notice of from contesting said application (or petition) or any decree entered thereon.
initial hearing to be mailed to every person named in the notice whose address
is known. Witness, the Hon. _____________________ Judge of the Court of First Instance of __________ this
(b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor ______ day of _______________, in the year 19____.
and the Mayor. — If the applicant requests to have the line of a public way or Attest:
road determined, the Commissioner of Land Registration shall cause a copy of Commissioner of Land Registration
said notice of initial hearing to be mailed to the Secretary of Public Highways,
to the Provincial Governor, and to the Mayor of the municipality or city, as the
2. Registration – a proceeding in rem
case may be, in which the land lies.
3. Purpose of publication
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General,
a. To confer jurisdiction upon the court
the Director of Lands, the Director of Public Works, the Director of Forest
b. To apprise the whole world of the pending registration case
Development, the Director of Mines and the Director of Fisheries and Aquatic
Resources. — If the land borders on a river, navigable stream or shore, or on an
1ST MODE OF GIVING NOTICE OF INITIAL HEARING - BY PUBLICATION ( HI TOMMY) IT
arm of the sea where a river or harbor line has been established, or on a lake,
YUNG ISANG MODE MO
or if it otherwise appears from the application or the proceedings that a
tenant-farmer or the national government may have a claim adverse to that
Purpose of publication

LTD | Oct 2 |Oct 9} Oct 16 1

 1. To confer jurisdiction upon the court over the res; and
2. To appraise the whole world of the pending registration case so that they may assert
their rights or interest in the land, if any, and oppose the application, if so minded.
● Land registration is a proceeding in rem. It requires constructive seizure of the land
against all persons, including the State, who have rights to or interests in the property.
● In rem proceedings is validated by publication.
● Constructive seizure of the land for registration is effected through publication of the
application for registration and posting and service of notice to affected parties.
Publication of notice of initial hearing
● Sec 23(1) provides that upon receipt upon receipt of the order of the court setting the
time for initial hearing, the Commissioner of Land Registration shall cause a notice of initial
hearing to be published once in the Official Gazette and once in a newspaper of general
circulation in the Philippines: Provided, however, that the publication in the O􀀿cial Gazette
shall be su􀀿cient to confer jurisdiction upon the court. Said notice shall be addressed to all
persons appearing to have an interest in the land involved including the adjoining owners so
far as known, and "to all whom it may concern". Said notice shall also require all persons
concerned to appear in court at a certain date and time to show cause why the prayer of
said application shall not be granted.
Publication in a newspaper is necessary to accord with due process requirement
● In Roxas v Court of Appeals, the court held that “While publication of the notice in the
Official Gazette is sufficient to confer jurisdiction upon the court, publication in a
newspaper of general circulation remains an indispensable procedural requirement.
Couched in mandatory terms, it is a component of procedural due process and aimed
at giving "as wide publicity as possible" so that all persons having an adverse-interest in
the land subject of the registration proceedings may be notified thereof. Although
jurisdiction of the court is not affected, the fact that publication was not made in a
newspaper of general circulation is material and relevant in assessing the applicant’s
right or title to the land.”
● In Director of Lands v Ca and Abistado, the court ruled that Sec 23 proves that
publication in the Official Gazette suffices to confer jurisdiction upon the land
registration court. However, absent any publication of notice of initial hearing in a
newspaper of general circulation, the land registration court cannot validly confirm and
register the title of the applicants.
Publication in the Official Gazette does not dispense with the requirement of notice by mailing
and posting
● In Republic v. Marasigan, the court held that the proviso in Section 23 that “publication
in the Official Gazaeete shall be sufficient to confer jurisdiction upon the court” was
never meant to dispense with the requirement of notice by mailing and by posting.
Lack of personal notice does not vitiate the the proceedings
● In Roxas v. Enriquez the Court declared that a proceeding in rem, dealing with a
tangible res, may be instituted and carried to judgment, without personal service upon
the claimants, for jurisdiction is secured by the power of the court over the res. The
requirement that personal notice shall be a prerequisite to the validity of registration
would absolutely prohibit the foreclosure of unknown claims, for reason that personal
notice could never be given to “unknown claimants”
● Personal notice is not necessary unless required by court.
Purpose of notice by all three modes
● The purpose of law is to strengthen the Torrens system through safeguards to prevent
anomalous titling of property.
● Judicial notice may be taken of the fact that very few have access or could read the
Official Gazette, which comes out in few copies only per issue.
● If publication in the Official Gazette of notice of hearing would be sufficient to confer
jurisdiction, owners of both unregistered and registered land may find out that others
have already certificates of title to their lands because scheming parties successfully
caused their registration.
New publication necessary to include additional
● Publication is one of the essential bases of the jurisdiction of the court in land
registration and cadastral cases.
● Before a survey can be amended so as to include land in which no publication has been
made, new publication is necessary — a step essential to the protection of persons
interested in the property which is intended to be included.
● Registration court has no jurisdiction over the area and adjudication is nullity when:
where no publication has ever been made except the initial publication, and this did
not include the additional area.
● Sec. 19 PD 1529, the registration court may allow an amendment of the application,
including joinder, substitution, or discontinuance as to parties at any stage of the
Proceedings upon just and reasonable terms.
● Sec. 18, the court may at any time order an application to be amended by striking out
one or more parcels or by severance of the application.
● Benin v. Tuason,
○ Amendment may be made in the application or in the survey plan, or in both,
since the application and the survey plan go together.
○ If the amendment consists in the inclusion in the application for registration
of an area or parcel of land not previously included in the original
application, as Published, a new publication of the amended application must
be made. T
○ Purpose of the new publication: to give notice to all Persons concerned
regarding the amended application.
■ Without a new publication the registration court cannot acquire
jurisdiction over the area or parcel of land that is added to the area
covered by the original application, and the decision of the
registration court would be a nullity on the decision concerning
the newly included land.
■ if the amendment consists in the exclusion of a portion of the area
covered by the original application and the original plan as
previously published, a new publication is not necessary.
■ When new publication not needed: where the identity and area of
the claimed property are not the subject of amendment but
LTD | Oct 2 |Oct 9} Oct 16 2
 merely other collateral matters, a new publication is not needed.
(De Luzurriaga v. Republic)
● Duty of the land registration court: to correct an error of closure is authorized by law,
provided such correction does not include land not included in the original petition.
Effect of non- or defective publication
● Where the authority of the courts to proceed is conferred by a statute, and when the
manner of obtaining jurisdiction is prescribed by statute, the mode of proceeding is
mandatory, and must be strictly complied with, or the proceeding will be utterly void.
● VOID: where there is no publication of the notice of initial hearing, the decision of the
land registration court.
● The requirement of publication is one of the essential bases of the jurisdiction of the
registration court;
○ it is a jurisdictional requisite.
● Land registration is a proceeding in rem and jurisdiction in rem cannot be acquired
unless there be constructive seizure of the land through publication and service of
notice.
● Mere defect of publication deprives the court of jurisdiction.
● when the court a quo lacks jurisdiction to take cognizance of a case, the same lacks
authority over the whole case and all its aspects.
2ND MODE OF GIVING NOTICE OF INITIAL HEARING - BY MAILING
● it is also required that the notice of hearing be mailed to the persons and officials
mentioned in the law
○ This requirement is mandatory.
Mailing to persons named in the application
● Within (7) days after publication in the Official Gazette of the notice of initial hearing,
the LRA Administrator shall cause a copy of the notice to be mailed to every person
named in the notice whose address is known.
○ This requirement is mandatory
● Where records reflected in the official records of the City Assessor indicate that there
are no improvements whatsoever on the property in question, thus signifying that the
property is unoccupied, notice would be impossible.
Mailing to the Secretary of Public (Works) and Highways, Governor and Mayor
● If the applicant requests to have the line of a public way or road determined, the notice
shall also be mailed to the Secretary of Public Works and Highways, Provincial
Governor and Mayor of the municipality or city in which the land is situated.
● If the land borders on a river, navigable stream or shore, an arm of the sea, or lake, or
if it otherwise appears that a tenant-farmer or the national government may have a
claim adverse to that of the applicant, the notice shall also be mailed to the Secretary
of Agrarian Reform, the Solicitor General, Director of Lands, Director of Public Works
and Communications, Director of Forest Development, Director of Mines and Geo-
Sciences and Director of Fisheries and Aquatic Resources as may be appropriate
Mailing to the Secretary of Agrarian Reform, Solicitor General, Director of Lands, Etc
● If the land borders on a river, navigable stream or shore, or an arm of the sea, or if it
otherwise appears that a tenant-farmer, or the national government, may have a claim
adverse to the applicant, notice shall be given in the same manner to the Secretary of
Agrarian Reform, Solicitor General, Director of Lands, Director of Mines and Geo-
Sciences, Director of Fisheries and Aquatic Resources, as may be appropriate.
Role of the Solicitor General
● Solicitor General is urnished with a copy of the notice of initial hearing.
○ REASON: under the Administrative Code of 1987, the Solicitor General is
bound to "[represent the Government in all land registration and related
proceedings."
■ No other officer, including the Administrator of the Land
Registration Authority, can exercise such function.
● (OSG), as principal law officer and legal defender of the government, possesses the
unequivocal mandate to appear for and in its behalf in legal proceedings.
● It is also the practice in the OSG to deputize lawyers in government offices involved in
land matters or provincial or city prosecutors to represent the government in the
handling of such proceedings.
○ These deputized officers are under the direction and control of the Solicitor
General.
○ RULE: only notices of court proceedings and related processes actually
served upon the Solicitor General are binding on his office.
● PD. 478, the Magna Carta of the OSG, took effect on June 4, 1974:
○ SEC. 1. Functions and Organization. — (1) The Office of the Solicitor General shall
represent the Government of the Philippines, its agencies and instrumentalities
and its officials and agents in any litigation, proceeding, investigation or matter
requiring the services of a lawyer. When authorized by the President or head of
the office concerned, it shall also represent government owned or controlled
corporations. The Office of the Solicitor General shall constitute the law office of
the Government and, as such, shall discharge duties requiring the services Of a
lawyer. It shall have the following specific powers and functions:
(e) Represent the Government in all land registration and related proceedings.
Institute actions for the reversion to the Government of lands of the public
domain and improvements thereon as well as lands held in violation of the
Constitution.
(g) Deputize, whenever in the opinion of the Solicitor General the public interest
requires, any provincial or city fiscal to assist him in the performance of any
function or discharge of any duty incumbent upon him, within the jurisdiction of
the aforesaid provincial or city fiscal. When so deputized, the fiscal shall be under
the control and supervision of the Solicitor General with regard to the conduct of
the proceedings assigned to the fiscal, and he may be required to render reports
or furnish information regarding the assignment."
● Solicitor General, has "control and supervision" over the special attorney or prosecutor
who has been deputized to appear for him.
○ Special attorney or prosecutor is "surrogate" of the Solicitor General
LTD | Oct 2 |Oct 9} Oct 16 3
 ● As the principal counsel, the Solicitor General is entitled to be furnished copies of all
court orders, notices, and decisions.
○ His appearance is premised on his authority to protect the interest of the
government and not that of any particular government official or agency.
● National Power Corporation v. National Labor Relations Commission:
○ "The lawyer deputized and designated as 'special attorney-OSG' is a mere
representative of the OSG and the latter retains supervision and control over the
deputized lawyer. The deputized special attorney has no legal authority to decide
whether or not an appeal should be made. As a consequence, copies of orders
and decisions served on the deputized counsel, acting as agent Or representative
of the Solicitor General, are not binding until they are actually received by the
latter."
● MANDATORY Service of Orders and decision on the OSG, not merely on its
deputized special attorneys, in court cases involving land registration and naturalization
proceedings.
● Republic v. Court of Appeals and Maxin
○ a solicitor General is the only legal counsel of the government in land
registration cases
○ he alone may withdraw the government's appeal with binding effect.
○ .He is entitled to be furnished copies of all court orders, notices and
decisions and the reglementary period for appeal should be reckoned from
the time the OSG is apprised of the decision or order of the court and not
from the time the special counsel or the prosecutor was served therewith.
■ Unless the Solicitor General is furnished with copies of court
orders, notices and decisions, the same have no binding effect on
the government.
● Republic v. Court of Appeals and Bernabe
○ Later decisions of the SC tended to be more strict on the matter of giving
notice to the Solicitor General.
○ In one case, however, the SC held that notice to the deputized counsel of
the Office of the Solicitor General (OSG) is notice to the OSG, hence, notices
of court processes sent to him were sufficient to bind the government.
○ TAKE NOTE: the case was not a land registration case.
3RD MODE OF GIVING NOTICE OF INITIAL HEARING - BY POSTING
● Within 14 days before the initial hearing, the LRA Administrator shall cause a duly
attested copy of the notice to be posted by the sheriff in a conspicuous place on the
land applied for and also in a conspicuous place on the bulletin board of the
municipality or city in which the land is situated.
● Requirement is also mandatory
○ Whether or not the requirement of posting has been complied with is an
important issue which cannot just be lightly disregarded.
● Courts would simply rely on the report of the sheriff largely because of the regularity in
the performance of official duty.
● But if the requirement of posting is given more prominence and an investigation on the
ground is requested by the government lawyer or is motu proprio ordered by the court,
it may turn out that the requirement has been unceremoniously negated by official
neglect or indifference.
● Courts should take more meticulous care in examining certifications and other
supporting documents on the matter of posting
○ REASON: to make sure that the Torrens system is not utilized as a means for
the commission of fraud.
● NOTE: Non-Posting of the notice on the land itself affects the jurisdiction of the court.
4. Proof of publication and notice (Sec. 24)
Sec. 24. Proof of Publication and Notice. — The certi􀀴cation of the Commissioner of Land
Registration and of the sheriff concerned to the effect that the notice of initial hearing, as required
by law, has been complied with shall be 􀀴led in the case before the date of initial hearing, and shall
be conclusive proof of such fact.
Notes Sec. 24
Certification of LRA and Sheriff as to publication, mailing and posting conclusive
● Certification by the LRA Administrator as to the fact of publication and mailing, and
that Of the sheriff as to posting, as required by law, are conclusive.
● This provision require even more than a superficial examination by the court of the
evidence to show compliance with the requirements of publication, mailing and posting
● Purpose: to ensure that:
○ Jurisdiction is validly acquired by the court over the res
○ Public is assuredly apprised, even if only constructively, of the Pending
registration case so that appropriate measures may be taken to protect their
interest.
5. Opposition (Sec. 25)
Sec. 25. Opposition to application in ordinary proceedings. 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. 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.
If the opposition or the adverse claim of any person covers only a portion of the lot and said portion
is not properly delimited on the plan attached to the application, or in case of undivided co-
ownership, conflicting claims of ownership or possession, or overlapping of boundaries, the court
may require the parties to submit a subdivision plan duly approved by the Director of Lands
Opposing application
● Any person (whether named in the notice or not) , may appear and file an opposition
on or before the date of initial hearing, or within such time as may be allowed by the
court,
○ HOWEVER, he must have an interest in the property applied for.
● The opposition shall state:
LTD | Oct 2 |Oct 9} Oct 16 4
 ○ objections to the application,
○ nature of his interest
○ indicate the relief desired.
● The opposition shall be signed and sworn to by him or by his duly authorized
representative.
● SC held that: Unverified oppositions in land registration proceedings are nevertheless
sufficient to confer standing in court to oppositors who may be allowed to verify their
oppositions later on, especially where said defect is deemed waived by the applicants'
failure to invoke said requirement seasonably.
○ The written appearance with opposition presented by petitioner in a case
was considered valid and sufficient to give him a legal standing in court and
entitle him to notice, as a matter of right.
○ It was a substantial compliance with the law that required a formal answer.
Nature of interest to support opposition.
● Opposition to an application for registration of the title must be based on the right of
dominion or some other real right opposed to the adjudication or recognition of the
ownership of the applicant, whether it be limited or absolute.
● To give a person a legal standing to object to the application for registration, "he must
make some claim to the property."
● The circumstance that an opponent in a land registration proceeding cannot show title
in himself does not discapacitat him from opposing registration of the property in the
name of the applicant.
● All that is necessary to enable one to exert the faculty of opposition is that he should
appear to have an interest in the property.
● De Castro v. Marcos
○ it is immaterial whether this interest is in the character of legal owner or is of a
purely equitable nature as where he is the beneficiary in a trust."
● all claims of third persons to the property must be asserted in the registration
proceedings.
○ If any claim to a portion thereof is upheld, that portion is segregated from
the property applied for, and is not included in the decree of registration and
certificate of title subsequently issued to the applicant.
○ If it is included, the claim is deemed adversely resolved with finality, subject
only to a petition for review of the decree within one (1) year from its
issuance on the ground of fraud.
○ Mere claim cannot defeat a registered title.
○ RULE: A "claim" merely noted on the survey plan cannot prevail over the
actual decree of registration as reproduced in the certificate.
○ RULE: owner of buildings and improvements should claim them during the
proceedings for registration and the fact of ownership, if upheld by the
court, must be noted on the face of the certificate.
● The phrase "claim of ownership" has the following definitions:
1. possession of a piece of property with the intention of claiming it in hostility
to the true owner
2. party’s manifest intention to take over land, regardless of title or right
REQUISITES FOR OPPOSING APPLICATION
1. The oppositor must have an interest in the land applied for;
2. He should state the grounds for his objection as well as the nature of his claimed
interest;
3. He should indicate his desired relief; and
4. The opposition should be signed and sworn to by him or by his duly authorized
representative
Notes:
● Opposition to an application for registration of title must be based on the right of
dominion or some other real right opposed to the adjudication or recognition of the
ownership of the applicant, whether it be limited or absolute
● To give a person a legal standing to object the application for registration, he must
make a claim on such property
○ The circumstance that an opponent in a land registration proceeding cannot
show title in himself does not incapacitate him from opposing registration of
the property in the name of the applicant
○ It is also not material for the opponent to have the legal character necessary
to enable him to maintain a registration proceeding in his own name and
behalf; all that is necessary to enable one to exert the faculty of opposition is
that he should appear to have interest in the property
■ However, a private person may not oppose an application for
registration on behalf of the government on the ground that the
land belongs to the government
● Acting through the OSG, the government is represented
by the Director of Lands or Director of Forestry as
public oppositor in all land registration and related
proceedings
○ Under the regalian doctrine, all lands of the
public domain and all natural resources are
owned by the STate, hence, it is the burden of
the applicant to overthrow the presumption
that the land is public land by incontrovertible
proof
● Unverified oppositions in land registration proceedings are sufficient to confer standing
in court to oppositors who may be allowed to verify their opposition later on,
especially where said defect is deemed waived by the applicants failure to invoke said
requirements seasonably
EFFECT OF ABSENCE OF OPPOSITION; EFFECT OF FAILURE TO FILE OPPOSITION
● Where no answer in writing or any opposition is made to an application for registration
of property, all the allegations contained therein shall be held as confessed by reason
of the absence of denial on the part of the opponent
● A person who has not challenged an application for registration of land even if the
appeal afterwards interposed is based on the right of dominion over the same land,
cannot allege damage or error against the judgment ordering the registration inasmuch
as he did not allege any right on such land
● A claimant having failed to present his answer or objection to the registration of a
LTD | Oct 2 |Oct 9} Oct 16 5
 parcel of land under the Torrens system or to question the validity of such registration
within a period of 1 year after the certificate of title had been issued, is deemed to
have forever lost his right in said land
● Absence of opposition by the government
○ Estoppel does not operate against the government
● The failure of a government agency concerned to file an
opposition to the application for registration or to
appeal from the adverse decision of the registration
court is not fatal
● The belated filing of an appeal by the State or even its
failure to file an opposition in a land registration case
because of the mistake or error on the part of its
officials or agents does not deprive them of their right
to appeal from a judgment of the court
○ Notwithstanding the absence of opposition front he government, the
applicant in land registration cases is not relieved of the burden of proving
the imperfect right or title sought to be confirmed
MOTION TO DISMISS BASED ON RES JUDICATA
2 Concepts of Res Judicata
● Bar by former judgment
○ The former judgment or order was final;
■ A judgment is considered as final and executory when there is
already an entry of judgment
○ It adjudged the pertinent issue/s on their merits;
○ It was rendered by a court that had jurisdiction over the subject matter and
the parties; and
○ Between the first and second actions, there as identity of parties, of subject
matter, and of cause of action
○ Whole case is barred
■ Even if there are some issues that weren’t raised before
● Conclusiveness of judgment
○ This rule bars the re-litigation of particular facts or issues involving the same
parties even if raised under different claims or causes of action
○ Whole case not barred; only those issues that were adjudged before
Defenses of res judicata may be waived if not set up in a motion to dismiss
● In a registration case, the defense of res judicata, when not set up either in a MTD or in
an answer is deemed waived. It cannot be pleaded for the first time on appeal
● Question? How does this change under the new rules?
6. Order of default and effect (Sec. 26)
Sec. 26. Order of default; effect. 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.
MOTION TO LIFT ORDER OF GENERAL DEFAULT
● An order of general default is interlocutory in character, subject to the control of the
court, and may be modified or amended as the court may deem proper at any time
prior to the rendition of judgment
● The interests of substantial justice and the speedy determination of the controversy
should be the guiding principle o f the trial court in lifting an order of general default
○ However, the same should be filed before entry of judgment
● A defendant party declared in general default retains the right to appeal from judgment
by default on the ground that the plaintiff failed to prove the material allegations of the
complaint, or that the decision is contrary to law, even without the need of the prior
fling of a motion to set aside the order of default (Martinez v Republic)
HEARING, JUDGMENT AND DECREE OF REGISTRATION
1. Speedy hearing; reference to a referee (Sec. 27)
Sec. 27 Speedy Hearing ; Reference to a Referee. — The trial court shall see to it that all registration
proceedings are disposed of within ninety days from the date the case is submitted for decision.
The court, if it deems necessary, may refer the case or any part thereof to a referee who shall hear
the parties and their evidence, and the referee shall submit his report thereon to the court within
fifteen days after the termination of such hearing. Hearing before a referee may be held at any
convenient place within the province or city as may be 􀀴xed by him and after reasonable notice
thereof shall have been served the parties concerned. The court may render judgment in accordance
with the report as though the facts have been found by the judge himself: Provided, however, that
the court may in its discretion accept the report, or set it aside in whole or in part, or order the case
to be recommitted for further proceedings:
Hearing
● Applications for registration shall be heard in:
○ RTC, or
○ First level courts, in proper cases
○ Subject to the procedure prescribed in the PRD
● Sec. 27 aims to dispose of registration cases as expeditiously as possible
○ The court is required to decide the case within 90 days from the time it is
submitted for decision
● If the court deems it necessary, it may refer the case to a REFEREE (usually the branch
clerk of court) for hearing and reception of evidence to enable the judge to devote his
LTD | Oct 2 |Oct 9} Oct 16 6
 time to other important businesses of the court
● The referee must submit his report to the court within 15 days from the termination
of the hearing
● The court may render judgement on the basis of the report as though the facts have
been found by the judge himself, or set it aside in whole or in part, or recommit the
case to the hearing officer for the reception of additional evidence
Proof required in registration proceedings, generally:
● The applicant must show, even though there is no opposition to his application, that he
is the absolute owner, in fee simple, of such land.
● The possession and occupation must also be open, continuous, exclusive and notorious
to give rise to a presumptive grant from the State
● The applicant must comply with the substantive and procedural requirements of the
law.
No public land can be acquired by private persons without any grant, express or implied, from the
government
The possession of public agricultural land, however long the period may have extended, never
confers title thereto upon the possessor (the statute of limitations with regard to public
agricultural land does not operate against the State)
Requisite steps in bringing land under the Torrens system:
1. Survey of land by the Lands Management Bureau or a duly licensed private surveyor;
2. Filing of application for registration by the applicant;
3. Setting of the date for the initial hearing of the application by the court;
4. Transmittal of the application and the date of initial hearing together with all the
documents or other evidences attached thereto by the Clerk of Court to the Land
Registration Authority;
5. Publication of the notice of the filing of the application and date and place of the
hearing in the Official Gazette and in a newspaper of general circulation;
6. Service of notice upon contiguous owners, occupants and those known to have
interests in the property by the sheriff;
7. Filing of answer to the application by any person whether named in the notice or not;
8. Hearing of the case by the court;
9. Promulgation of judgment by the court;
10. Issuance of an order for the issuance of a decree declaring the decision final and
instructing the Land Registration Authority to issue the decree of confirmation and
registration;
11. Entry of the decree of registration in the Land Registration Authority;
12. Sending of copy of the decree of registration to the corresponding Register of Deeds;
and
13. Transcription of the decree of registration in the registration book and the issuance of
the owner’s duplicate original certificate of title to the applicant by the Register of
Deeds, upon payment of the prescribed fees.
2. Cases
a. Gordula v. Court of Appeals, GR No. 127296, Jan. 22, 1998
b. Director of Lands v. Court of Appeals and Manlapaz, GR No. 45828, June
1992
Citizenship Requirement
1. Only Filipino citizens qualified to apply
2. A Filipino citizen who has lost citizenship may be a transferee of private land subject to
limitations prescribed by law (Sec. 8, Art. XII, Constitution); RA 7042 as amended by
RA 8179 (Sec. 11); BP 185
The Krivenko doctrine:
● Aliens may not acquire private or public agricultural lands
● “Natural resources, with the exception of public agricultural land, shall not be
alienated,’ and with respect to public agricultural lands, their alienation is limited to
Filipino citizens”
● Aliens, whether individuals or corporations, have been disqualified from acquiring
public lands; hence, they have also been disqualified from acquiring private lands.
GR:
● Acquisition of agricultural lands of the public domain limited to Filipino citizens
○ The constitutional purpose is to establish a permanent fundamental policy of
conserving agricultural resources in the hands of Filipinos
XCPTN:
● Non-Filipinos by way Hereditary Succession [legal succession] (Sec. 7, Art. XII, Const.)
● A natural-born citizen of the Philippines who has lost his citizenship may be a
transferee of private lands, subject to limitations provided by law. (Sec. 8, Art. XII,
Const; RA 9225)
○ “Deemed not to have lost their Philippine citizenship”
○ Deemed to have re-acquired Philippine citizenship upon taking the oath of
allegiance
Borromeo v. Descallar - the capacity to acquire private land is dependent on the capacity to
acquire or hold lands of public domain. Private land may be transferred only to individuals or
entities qualified to acquire or hold lands of public domain.
Who are qualified to acquire or hold lands of public domain?
● Filipino citizens or
● Corporations (capital: 60 - Filipino; 40 - aliens)
○ N.B. capital = shares of stock that can vote in the election of directors
The time to determine whether a person acquiring land is qualified is the time the right to own it
is acquired and not the time to register ownership.
A naturalized Canadian citizen who, while still a Filipino citizen, acquired land from a vendor who
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had complied with the requirements of registration under the Public Land Act prior to the
purchase, can validly register his title to the land -- (Republic v. Court of Appeals and Lapiña)
While aliens are disqualified from acquiring lands of the public domain, they may however lease
private land.
An option giving an alien the right to buy real property on condition that he is granted Philippine
citizenship is also valid.
A corporation sole may acquire and register private agricultural land
● The reason for this is that a corporation sole “has no nationality” and the framers of the
Constitution did not have in mind the religious corporation sole when they provided
that 60 per centum of the capital thereof be owned by Filipino citizens.
● A corporation sole or “ordinary” is not the owner of the properties that he may acquire
but merely the administrator thereof.
● The properties pass, upon his death, not to his personal heirs but to his successor in
office
Donations in favor of a religious corporation controlled by non-Filipinos are non-registrable; the
Constitution makes no exception in favor of religious associations.
Land acquired by an American citizen in 1945 can be registered under the Ordinance appended
to the 1935 Constitution
While aliens are disqualified to acquire lands under the 1935 Constitution, the Ordinance
appended thereto on November 10, 1939 provided that until the final withdrawal of the United
States sovereignty over the Philippines, citizens and corporations of the United States could
enjoy all the same civil rights as Philippine citizens.
Sec. 8, Art. XII, Constitution
SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.
RA 7042 as amended by RA 8179 (Sec. 11)
(AN ACT TO FURTHER LIBERALIZE FOREIGN INVESTMENTS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7042, AND FOR OTHER PURPOSES|)
SECTION 1.
Section 3, paragraph (a), of Republic Act No. 7042, otherwise known as the "Foreign Investments
Act of 1991," is hereby amended to read as follows: "Sec. 3. Definitions. — as used in this Act: a) the
term Philippine national shall mean a citizen of the Philippines; or a domestic partnership or
association wholly owned by citizens of the Philippines; or a corporation organized under the laws of
the Philippines of which at least sixty percent (60%) of the capital stock outstanding and entitled to
vote is owned and held by citizens of the Philippines; or a corporation organized abroad and
registered as doing business in the Philippines under the Corporation Code of which one hundred
percent (100%) of the capital stock outstanding and entitled to vote is wholly owned by Filipinos or
a trustee of funds for pension or other employee retirement or separation bene@ts, where the
trustee is a Philippine national and at least sixty percent (60%) of the fund will accrue to the bene@t
of Philippine nationals: Provided, That where a corporation and its non-Filipino stockholders own
stocks in a Securities and Exchange Commission (SEC) registered enterprise, at least sixty percent
(60%) of the capital stock outstanding and entitled to vote of each of both corporations must be
owned and held by citizens of the Philippines and at least sixty percent (60%) of the members of the
Board of Directors, in order that the corporation shall be considered a Philippine national."
BP 185
AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND
FOR OTHER PURPOSES
SECTION 1. In implementation of Section fifteen of Article XIV of the Constitution, a natural-born
citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private
land, for use by him as his residence, subject to the provisions of this Act
SECTION 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and
who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a
private land up to a maximum area of one thousand square meters, in the case of urban land, or
one hectare in the case of rural land, to be used by him as his residence. In the case of married
couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail
of the same, the total area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he shall still be
entitled to be a transferee of additional urban or rural lands for residential purposes which, when
added to those already owned by him, shall not exceed the maximum areas herein authorized. cd
SECTION 3. A transferee under this Act may acquire not more than two lots which should be
situated in different municipalities or cities anywhere in the Philippines: Provided, That the total
area thereof shall not exceed one thousand square meters in the case of urban lands or one
hectare in the case of rural lands for use by him as his residence. A transferee who has already
acquired urban land shall be disqualified from acquiring rural land, and vice versa.
SECTION 4. As used in this Act —
(a) A natural-born citizen is one who is a citizen of the Philippines from birth
without having to perform any act to acquire or perfect his Philippine
citizenship.
(b) Urban areas shall include:
1. In their entirety, all municipal jurisdictions which, whether
designated as chartered cities, provincial capitals or not, have a
population density of at least 1,000 persons per square kilometer;
cda
2. Poblaciones or central districts of municipalities and cities which
have a population density of at least 500 persons per square
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 kilometer; cda Any transferee liable under this Section shall moreover be forever barred from further availing of
3. Poblaciones or central districts (not included in 1 and 2) regardless the privilege granted under this Act. cd i
of population size which have the following:
a. Street pattern, i.e, network of streets in either at parallel SECTION 8. The Minister of Justice shall issue such rules and regulations as may be necessary to
or right angle orientation; carry out the provisions of this Act. Such rules and regulations shall take effect fifteen days
b. At least six establishments (commercial, manufacturing, following its publication in a newspaper of general circulation in the Philippines.
recreational and/or personal services); and
c. At least three of the following: asia dc SECTION 9. If any part of this Act shall be declared unconstitutional, the remaining provisions
1. A town hall, church or chapel with religious not thereby affected shall remain in full force and effect. cdt
services at least once a month;
2. A public plaza, park or cemetery; SECTION 10. This Act shall take effect upon its approval.
3. A market place or building where trading
activities are carried on at least once a week; Approved: March 16, 1982
and
4. A public building like a school, hospital, Published in the Official Gazette, Vol. 78 No. 48 Page 6638 on November 29, 1982.
puericulture and health center or library.
4. Barangays having at least 1,000 inhabitants which meet the
3. Cases
conditions set forth in subparagraph (3) of paragraph (b) above,
a. Borromeo v. Descallar, GR No. 159310, Feb. 24, 2009
and in which the occupation of the inhabitants is predominantly
other than farming or fishing.

(c) All other areas of the Philippines which do not meet the conditions in the
preceding definition of urban areas shall be considered as rural areas. Other Government Properties
1. Lands titled in the name of government entities
SECTION 5. Transfer as a mode of acquisition of private land under this Act refers to either 2. Protection of Rights
voluntary or involuntary sale, devise or donation. Involuntary sales shall include sales on tax 3. Cases
delinquency, foreclosures and executions of judgment. a. Pilar Development Corporation v. Dumadag, GR No. 194336, March 11, 2013

SECTION 6. In addition to the requirements provided for in other laws for the registration of titles
to lands, no private land shall be transferred under this Act, unless the transferee shall submit to
the register of deeds of the province or city where the property is located a sworn statement
showing the date and place of his birth; the names and addresses of his parents, of his spouse
and children, if any; the area, the location and the mode of acquisition of his landholdings in the
Philippines, if any; his intention to reside permanently in the Philippines; the date he lost his
Philippine citizenship and the country of which he is presently a citizen; and such other
information as may be required under Section 8 of this Act. cdasia

SECTION 7. The transferee shall not use the lands acquired under this Act for any purpose other
than for his residence. Violations of this Section, any misrepresentation in the sworn statement
required under Section 6 hereof, any acquisition through fraudulent means or failure to reside
permanently in the land acquired within two years from the acquisition thereof, except when
such failure is caused by force majeure, shall, in addition to any liability under the Revised Penal
Code and deportation in appropriate cases, be penalized by forfeiture of such lands and their
improvements to the National Government. For this purpose, the Solicitor General or his
representative shall institute escheat proceedings.

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