CADASTRAL ACT

A proceeding in rem initiated by filing of a petition for registration by the government, not by the persons claiming ownership of
the land subject thereof, and the latter are, on the pain of losing their claim thereto, in effect compelled to go to court to make
known their claim or interest therein, and to substantiate such claim or interest.
The government does not seek the registration of the land in its name. The objective of the proceeding is the adjudication of
title to the lands or lots involved in said proceeding.

Land decree in ordinary registration proceeding later covered by cadastral survey

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Where cadastral survey has extended to areas previously covered and adjudicated in an ordinary registration proceeding
under Act No. 496, the lot designated may be changed to cadastral lot and the corresponding certificate of title previously
issued may be recalled and substituted with another containing the new technical description of the property conformably to
the cadastral survey.

General Procedure
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CADASTRAL CASES
Cadastral Survey
Filing of Petition
Publication of Notice of Initial Hearing
Filing of Answer
Hearing of the Case
Decision
Issuance of Decree and Certificate of Title

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ORDINARY LAND REGISTRATION

Survey of land by the Bureau of Lands or a duly
licensed private surveyor;
Filing of application for registration by the applicant;
Setting of the date for the initial hearing of the
application by the Court;
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
LRA;
Publication of notice of the filing of the application and
date and place of hearing once in the Official Gazette
and once in a newspaper of general circulation in the
Philippines;
Service of notice upon contiguous owners, occupants
and those known to have interest in the property by the
Sheriff;
Filing of answer or opposition to the application by any
person whether named in the notice or not;
Hearing of the case by the Court;
Promulgation of judgment by the Court;
Issuance of the decree by the Court declaring the
decision final and instructing the LRA to issue a decree
of confirmation and registration;
Entry of the decree of registration in the LRA;
Sending of copy of the decree of registration to the
corresponding Register of Deeds; and
Transcription of the decree of registration in the
registration book and the issuance of the owners
duplicate original certificate of title of the applicant by
the Register of Deeds, upon payment of the prescribed
fees.

Cadastal Survey
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The President may order the Director of Lands (DOL) to conduct a survey and plan if it is in the Presidents opinion that the
title to any lands be settled and adjudicated. (Sec. 1, Act No. 2259)
Before commencing the survey, the DOL gives notice to the persons claiming an interest in the lands and to the general
public of the day the survey is to be started to be published in the Official Gazette, and to be posted in a conspicuous place on
the lands to be surveyed as well as the municipal building.
During the survey, the boundaries of the lands are marked by monuments set up at proper places thereon.

Filing of Petition
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DOL, represented by SG institutes cadastral proceeding by filing a petition in court, against the holders, claimants,
possessors, or occupants, stating in substance that the public interest require that titles to lands be settled and adjudicated
according to Sec. 5 of the Cadastral Act, as amended by Section 1855 of Act No. 2711.

Publication of Notice of Initial Hearing

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The Administrator of LRA upon receipt of the order of the court setting the time for initial hearing of the petition, causes said
notice to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines. A copy
must also be mailed to those whose address is known and other copies are posted in conspicuous places designed by law.

NOTE: An order of the Court in cadastral case amending the official plan so as to make it include land not previously enclosed
therein is a nullity unless new publication is made as preliminary to such step. Publication is one of the essential bases of the
jurisdiction of the court in land registration and cadastral cases and additional territory cannot be included without new
publication.

1
CHESKA ARLA C. AGRUPIS
SAN BEDA COLLEGE COLLEGE OF LAW

Filing of Answer
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Sec. 9, Act No. 2259

Any person claiming interest in any part of the lands object of the petition is required
1. Age of the claimant
2. Cadastral number of the lot or lots claimed, or the block or lot numbers, as the case may be
3. Name of the barrio or municipality, township or settlement in which the lots are situated
4. Names of the owners of adjoining lots
5. If claimant is in possession of the lots claimed and can show no express grant of the land by the Government to
him or his predecessors in interest, the answer need state the length of time property was held in possession
and the manner it was acquired, giving the length of time, as far as known, during which his predecessors, if any,
held possession
6. If clamant is not in possession or occupation of the land, the answer shall set forth the interest claimed by him
and the time and manner of its acquisition
7. If the lots have been assessed for taxation, their last assessed value
8. Encumbrance, if any, affecting lots and the names of adverse claimants as far as known.
Claimants are given assistance by the government in the preparation of their pleadings and answers, free of charge.
The filing of an answer or claim with the cadastral court is equivalent to an application or registration of land under the Land
Registration Act and may be regarded as an action in rem. It also suspends the running of the period of prescription.

Hearing of the Case

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Conducted in any convenient place within the province where the land lies.
Conducted in the same manner as ordinary trials and proceedings in RTC and governed by the same rules.
A lot with conflicting interests is decided by the court and awarded to the person who prove to be the rightful owners.
If nobody can prove ownership, the lot is declared by the Court as land of the public domain and this judgment is res judicata.

Decision
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Once decision is rendered, all the cadastral claimants are accordingly notified thereof.
There is legal presumption (therefore, refutable with sufficient evidences) that the cadastal clerk of court has duly performed
his duty with respect to such notification.

Issuance of Decree and Certificate of Title

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The Administrator of LRA enters the decree of registration to the persons entitled to the land or the various parts thereof, and such
decrees are made the basis for the issuance of the original certificate of title which have the same force and effect as certificates of
title issued on application for registration of land under the Land Registration Act.

Cadastral Proceeding vs Ordinary Proceeding

CADASTRAL

ORDINARY
As to party initiating
- The government initiates the move with the filing of a petition in - The owner or clamant of the land files applies under no pressure
court, after which claimants are compelled to act and present
from the Government. Only instance an owner may be
their answers
compelled to act is when somebody else files ahead an
- Compulsory
application for registration, in which event the true owner will
be forced to take issue by presenting an opposition.
- Voluntary
As to subject matter
Any lands private, public agricultural land, other land of public
Private lands
ownership
As to ownership
- The Government, though the petitioner, does not assert
Applicant claims to own the land applied for and merely asks
that his title be confirmed.
ownership in the land but only provokes the issue for the
settlement and adjudication of the title to the land described in
the petition.
- Failure of anybody to claim ownership renders the land property
of the public domain.
As to survey
It is the government that undertake the survey and advances the Survey is done at the instance and for the account of the
expenses incident thereto
applicant who is a private person
As to risk
In the absence of successful claimant, the property is declared
In the absence of sufficient proof to establish ownership of the
public land and this judgment is conclusive and res judicata.
property, the applicant may still have another chance to put up a
So long as the land remains alienable and disposable,
successful claim for generally the order of dismissal is without
prejudice.
such decision of the cadastral case does not bar to an
application in an ordinary registration proceeding.

2
CHESKA ARLA C. AGRUPIS
SAN BEDA COLLEGE COLLEGE OF LAW