PRESIDENTIAL DECREE 1529 

         

Section 27
Speedy Hearing;
Reference to a Referee
 SPEEDY HEARING AND REFERENCE TO A
REFEREE
• The trial court shall see to it that all registration-proceedings are disposed of within
ninety (90) days from the date the case is submitted for decision.
- The Regional Trial Court is the land registration court - (Section 2 of PD 1529 and Section 19 of Batas Pambansa (B.P.) Blg.
129).

• 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. The referee shall submit his report thereon to the
Court within fifteen (15) days after the termination of such hearing.
• Hearing before a referee or trial by commissioner may be held at any convenient place within
the province or city as may be fixed by him and after reasonable notice thereof shall have
been served the parties concerned.
 SPEEDY HEARING AND REFERENCE TO A
REFEREE
The court may:
1. hear the parties and their evidence; or
2. refer the case or any part thereof to a referee or commissioner.

The referee, also known as commissioner, is vested with the power to hear the parties and
their evidence and make report thereon to the court. Aside from this section, trial by
commissioner is also governed by Rule 32 of the Revised Rules of Court.

NOTE: While referee can receive evidence and objections, it has no power to rule on
the case. Its main duty is to receive evidence and submit its findings and
recommendations to the court.
 SPEEDY HEARING AND REFERENCE TO A
REFEREE
• 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.

• The Court’s possible actions as regards the referee's report:

1. MODIFY the report;
2. ADOPT the same and use it as basis for judgment;
3. REFER back or recommend the case with the referee for presentation of additional evidence;
4. SET aside the report
• What happens if one of the parties has some exceptions to add to the report but fails to do so on
time?
• It was held that if a party fails to make timely and specific exceptions to the report of a referee
and the report is confirmed by the trial judge, the party is bound by the findings and cannot be
heard to dispute their truthfulness or escape the legal consequences flowing therefrom. However,
the trial judge retains a discretion to accept the report of the referee in part and set aside in part
or reverse it entirely even where no exceptions to the referee’s report are taken. (Kriedt v. McCullough
& Co., 37 Phil. 474; Santos v. De Guzman and Martinez, 45 Phil. 643; Baltazar, et al. v. Limpin, et al., 49 Phil. 39)