Sec.

19 Amendment

Amendment on the substitution of parties may be done without the need of publication

Amendment which shall consists of a substantial change in boundaries or increase in area shall be
subject o publication

But if the amendment consists of the exclusion of a portion of an area, there is no need for a new
publication.

Amended Complaint may be admitted by the court even if it may substantially change or divert the
action or defense

The amended complaint may be admitted by the court when it was already dismissed but before
dismissal becomes final or even if it may alter the defense or action

Sec.20 When land applied for borders on road

1. The applicant should indicate whether he claims any and what portion
2. He shall state whether he desires to have the boundary line of the way or road determined.

Sec.21 Requirement of Additional Facts and Papers;

The court may require the presentation of any additional papers or documents

Sec. 22. Dealings with Land pending original registration

What to submit:

a. Motion stating the relief sought and attaching the subject instrument to be considered in the
final adjudication
b. If the transaction involves only a portion of the land, the corresponding subdivision plan
approved by the LMB should also be presented
c. Prior notice be given to the parties of the case

The court after notice of the parties shall:

1. Order the land registered subject to conveyance or encumbrance created by the instrument
itself
2. Order the decree of registration be issued in the name of the person to whom the property has
been conveyed.

This section simple requires that a manifestation be filed attaching the evidence of the transaction
or agreement of the parties- no need for an amendment of the application

If the dealing is presented to the court only after the decree of registration has been issued, the
dealing will no longer be considered in the issuance of the certificate of title.
 Sec. 23. Notice of initial Hearing, Publication, etc.

Step 3. Setting the Date and Time of Initial Hearing

The court shall within five days from the filing of the application, shall issue an order setting the date
and time of the initial hearing which shall be no earlier than 45 days and not later than 90 days from
the date of order.

1. The power to set the notice of initial hearing- registration court

Notice of initial hearing- prepared by the court and it is a court document
-signed by the judge
-copy Is mailed by the COC to the LRA
2. Setting the initial hearing outside of the 90-day period does not amount to lack of jurisdiction;
neither is it a fault attributable to the applicant
As long as sufficient notice of the initial hearing through publication is given, ………- does not
adversely affect the validity of the registration proceedings.

Step 4. Transmittal of the application and the date of initial hearing with all the documents
attached in it by the COC to the LRA

Step 5. Publication of the Notice of Hearing

1. Publication of notice of initial hearing

a. Publication
o Upon receipt of the order of the court setting the time for intial hearing, the
LRA shall cause a notice of the initial hearing to be published once the
official gazette and once in a newspaper of general circulation in the
Philippines.
o Purpose of publication:
 To confer jurisdiction upon the court over the res
 To apprise the whole world of the pending registration case so they
could assert their rights and oppose the application

*publication in the official gazette- to confer jurisdiction of the court but absent of any
publication of the notice in a newspaper of general circulation, the court cannot validly confirm and
register the title of the applicant. May be dismissed without prejudice because the due process
requirement is not complied with. - Heirs of Manuel A. Roxas

*publication in a general circulation is a component of 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. It s also relevant in assessing the applicant’s right or
title to the land. -Heirs of Manuel A. Roxas

*the late publication of notice of initial hearing in the general circulation is tantamount to no publication
at all, having the same ultimate result- Republic v.Herbieto