Qualifications of a natural person
1. Citizenship
2. Age
3. Allowable area
Allowable land area
1. Of lands of the public domain – the 1987 Constitution and
the Public Land Act requires that the area allowed to be
acquired be limited to not more than twelve (12) hectares by
purchase, homestead or grant
2. Of private lands – under BP 185 and RA 7042, former
Filipino citizens may acquire:
a. residential lands – max. of 1000 sq.m. for urban
land and one hectare for rural land
b. commercial lands – max of 5000 sq.m. for urban land
and three hectares for rural land
Juridical Persons (Art 44 Civil Code)
1. The State and its political subdivisions
2. Other corporations, institutions and entities for public interest
or purpose, created by law (govt owned and controlled
corporations)
3. Corporations, partnerships and associations for private
interest or purpose
Under CA 141, alienable and disposable lands of the public
domain are:
1. Agricultural
2. Residential, commercial, industrial or for similar purposes
3. Educational, charitable or other similar purposes
4. Reservations for townsites and for public and quasi-public uses
A person who acquires land through the provisions of CA 141 shall
be given a patent.
What is a patent?
A patent is a contract conveying a particular land subject to the
conditions stated therein, between the grantor which is the
Government and the grantee, which is the private individual.
(Lumawig vs Arboleda Dec 12, 1980)
Acquisition of lands under CA 141
A parcel of land which has become alienable and disposable land
of the public domain may be acquired by means of:
1. Homestead patent
2. Free patent
3. Residential free patent (RA 10023)
4. Sales patent
Kasilag vs Rodriguez Dec 7, 1993
The Homestead Act has been enacted for the welfare and
protection of the poor. The law gives a needy citizen a piece of
land where he may build a modest house for himself and his
family and plant what is necessary for subsistence and for the
satisfaction of life’s other needs. X x x A man with a home and
means of subsistence is a lover of peace and order and will
profess affection for his country, whereas one without a home
and in penury is not only a social parasite but also a dangerous
element in the social order.
Jurisdiction over land disposition and acquisition under CA 141
1. Sec 89 CA 141 – The Bureau of Lands shall have jurisdiction
over lands registered under the Public Land Act.
2. Sec 14 DENR Charter – The LMB Director shall assist the
DENR Secretary as Executive Officer who shall have direct
executive control of the survey, classification, lease, sale or any
other forms of concessions or disposition and management of
the lands of the public domain.
Homestead Patent (Sec 12 CA 141)
In order to acquire a parcel of land by homestead patent, the
applicant
1. must be a citizen of the Philippines
2. Must be over 18 years of age or a head of the family
3. Does not own more than 12 hectares of land or has not had the
benefit of any gratuitous allotment of more than 12 hectares of
land
What must applicant do before issuance of homestead patent? (Sec
14 CA 141)
1. Must reside continuously for at least one year in the
municipality where the land lies or in the municipality adjacent to
the same
2. Must cultivate at least 1/5 of the land continuously since the
approval of the application
3. Must make an affidavit that no part of the land has been
alienated or encumbered
4. must comply with the requirements of the law
5. Must pay the fees for the application
Free Patent under CA 141 (administrative legalization)
In order to acquire a parcel of land by free patent, the applicant
1. Must be a natural born citizen of the Philippines who is not the
owner of more than 12 hectares of land
2. Continuous occupation and cultivation, by himself or through his
predecessors in interest, of the land for not less than 30 years (RA
6490)
3. Payment of real estate tax
4. Application shall not be beyond Dec 31, 2020 (RA 9176)
5. Publication of notice in the municipality and barrio where the
land lies and opportunity of adverse claimants to present their claim
Free Patent for Residential land under RA 10023
Qualifications
1. The applicant must be a Filipino citizen
2. The land must be classified as residential as determined
by the LGU
3. The area applied for must not exceed:
a. 200 sq.m. in highly urbanized cities
b. 500 sq.m. in other cities
c. 750 sq.m. in 1st and 2nd class municipalities
d. 1000 sq.m. in all other municipalities
Removal of Restrictions
Sec. 5 RA 10023. Removal of Restrictions. –
The restrictions regarding encumbrances, conveyances, transfers or
dispositions imposed in sections 118, 119, 121, 122 and 123 of
Chapter XII, Title VI of Commonwealth Act No. 141 as amended,
shall not apply to patents issued under this Act.
1. The applicant must be a citizen of the Philippines
2. Must be of legal age or a head of the family
3. May be a corporation or association of which at least 60% of
capital stock belongs wholly to Filipinos, and
corporation/association must be organized under Phil laws
PROHIBITION AGAINST ALIENATION OR ENCUMBRANCE
(Sec 118 CA 141) –
Except in favour of the government or any of its branches, units or
institutions or legally constituted banking corporations, land
acquired under the free patent or homestead provisions shall not be
subject to encumbrance or alienation from the date of the approval
of the application and for a term of five years from and after the
date of issuance of the patent of grant, nor shall they become liable
to the satisfaction of any debt contracted prior to the expiration of
said period; but the improvements or crops on the land may be
mortgaged or pledged to qualified persons, associations or
corporations.
RIGHT OF REPURCHASE (Sec 119 CA 141) –
Every conveyance of land acquired under the free patent or
homestead provisions, when proper, shall be subject to
repurchase by the applicant, his widow, or legal heirs, within a
period of five years from the date of conveyance.
Sales Patent (Sec 22 CA 141)
A Sales Patent may be applied for by:
1. The applicant must be a citizen of the Philippines
2. Must be of legal age or a head of the family
3. May be a corporation or association of which at
least 60% of capital stock belongs wholly to
Filipinos, and corporation/a0ssociation must be
organized under Phil laws
Procedural Requirements in Sales Patent (Sec 24,25 CA 141)
1. Appraisal by the LMB of the land sold
2. Publication of notice of sale once a week for 6 weeks in O.G.
and in 2 newspaper (Manila and province/municipality where
land lies
3. Posting, for not less than 30days, of notice of sale in bulletin board
of LMB, provincial bldg, municipal bldg and brgy hall
4. Submission of bids to LMB with inclosed cash or check or
treasury warrant
Marshy Land
Under Sec 61 CA 141, marshy lands are disposed of to
private parties by lease and not otherwise.
However, Sec 1 RA 293 amended Sec 61 CA 141 by providing that
marshy lands and lands under water bordering of shores or banks
of navigable lakes or rivers which are (1) already improved and (2)
have been utilized for farming, fishpond or similar purposes for at
least five years, may be sold to the lessees thereof, as soon as the
(3) President declare, upon (4) recommendation of the DENR
Secretary, that the same are not necessary for public service.
Foreshore, Submerged and Reclaimed Lands
Under Sec 61 CA 141, foreshore and submerged lands are
disposed of to private parties by lease and not otherwise.
Chavez vs PEA Amari July 9, 2002
Submerged lands, like waters of the sea above them are part of
the State’s inalienable natural resources. Submerged lands are
property of public dominion, absolutely inalienable and outside
the commerce of man. The provisions of the 1935, 1973 and 1987
Constitutions barred the alienation of all natural resources except
public agricultural lands, which were the only natural resources
the State could alienate.
If the State desires to alienate submerged or foreshore lands, it
may do so by means of reclamation activities.
Entities authorized to reclaim lands
DENR through the LMB under EO no. 192
Chavez vs NHA Aug 15, 2007 – The DENR exercises “exclusive
jurisdiction on the management and disposition of all ands of the
public domain. DENR decides whether areas under water should
be reclaimed or not. This means that PEA needs authorization
from DENR before it could undertake reclamation projects in
Manila Bay or in any part of the country.
Entities which may undertake reclamation
Sec 4 PD 1084 – The Phil Reclamation Authority (formerly PEA) is
hereby created to reclaim land including foreshore and
submerged areas by dredging, filling or other means.
Sec 1 EO 525 – The Public Estates Authority shall be primarily
responsible for integrating, directing and coordinating all
reclamation projects for and on behalf of the Natl Govt.
Requisites of valid reclamation project under EO 525
1. Approval by the President
2. Favorable recommendation of PEA
3. Undertaken by any of the following:
a. by PEA
b. by any person or entity pursuant to a contract it
executed with the PEA
c. by the Natl Govt agency or entity authorized under its
charter to reclaim lands subject to consultation with PEA
Other entities authorized under its charter to reclaim lands
1. Philippine Ports Authority
2. Laguna Lake Devt Authority
3. Bases Conversion and Devt Authority
4. Phil Veterans Investment Devt Corporation
5. DPWH
6. Nat’l Power Corporation
Is the Philippine Reclamation Authority the only entity which may
undertake reclamation projects?
In the case of Chavez vs NHA, the PRA is not the only entity which
can undertake reclamation projects. Under the EO 525, PRA is the
agency primarily responsible for integrating, directing and
coordinating all reclamation projects. Primarily means “mainly,
principally, mostly, generally.” The very charter of PEA does not
mention that it has the exclusive and sole power and authority to
reclaim lands of the public domain. One example is EO 405 which
authorized the Phil Ports Authority to reclaim and develop
submerged areas for port related purposes.
Disposition of reclaimed lands
1. Reclaimed lands shall be surveyed (Sec 62 RA 141)
2. RA Declaration of President that reclaimed land is not
necessary for public service and are open to disposition or
passage of a law authorizing the sale (Chavez vs NHA)
3. Proclamation by the President, upon recommendation of the
DENR, classifying the lands as alienable or disposable lands of the
public domain (Sec 6 & & CA 141)
4. Issuance of Sales Patent (Sec 61 CA 141)
Who can purchase reclaimed lands?
In the case of Chavez vs PEA Amari, the entity authorized to
acquire reclaimed lands in the Philippines is only a natural person
and not a private corporation. Under the 1987 Constitution,
private corporations could hold alienable lands of the public
domain only through lease. Private corporations became
absolutely barred from acquiring any kind of alienable land of
the public domain.
SECTION 3 ART XII 1987 CONSTITUTION. Lands of the public
domain are classified into agricultural, forest or timber, mineral
lands, and national parks. x x x x x x. Private corporations or
associations may not hold such alienable lands of the public
domain except by lease, x x x
Registration of Patents
Sec 103 PD 1529 – Whenever public land is by government
alienated, granted or conveyed to any person, the same shall be
brought forthwith under the operation of this Decree. x x x The
patent or instrument of conveyance from the Government to the
grantee shall not take effect as a conveyance or bind the land but
shall operate only as a contract between them and as evidence of
authority to the Register of Deeds to make registration. After due
registration, such land shall be deemed to be registered to all
intents and purposes.
Limitations on land acquired under the Public Land Act
1. No land to be granted when such grant will affect injuriously
the use of adjoining land or of waters, rivers, road (Sec 109)
2. Minerals excluded from the grant (Sec 110)
3. Grants of land subject to public servitudes (Sec 111)
4. Lands subject to right of way, not more than 20 meters in
width, for public highways, railroads, irrigations, ditches, etc.
(Sec 112)
5. Reservation of right to regulate use of waters (Sec 113)
6. Reservation for power purposes of flow of waters (Sec 114)
7. Prohibition against conveyance, alienation or encumbrance
except to qualified persons (Sec 118)
Registration under PD 1529
PD 1529 has for its purpose, not to create or vest title, but to
confirm and register title already created and vested. It protects
only the holders of a title in good faith and does not permit its
provisions to be used as a shield for the commission of fraud. Our
land registration laws do not give the holder any better title than
what he actually has. (Macababbad vs Masirag January 2009)
The burden of proof in land registration cases rests on the
applicant who must show clear, positive and convincing evidence
that his alleged possession and occupation were of the nature and
duration required by law. (Republic vs Enciso November 2005)
In rem proceedings
Judicial proceedings for the registration of land in the Phils shall
be in rem and shall be based on the generally accepted principle
underlying the Torrens system.
In Acosta vs Salazar June 2009 –
Such a proceeding in rem, dealing with a tangible res, may be
instituted and carried to judgment without personal service upon
claimants within the state or notice by mail to those outside of it.
IN REM referring to a lawsuit or other legal action directed toward
property, rather than toward a particular person. Thus, if title to
property is the issue, the action is "in rem." "In rem" is different
from "in personam," which is directed toward a particular person.
In Benin vs De la Paz June 1974 –
The registration proceedings operate as against the whole world
and the decree issued therein is conclusive adjudication of the
ownership of the lands registered, not only against those parties
who appeared in such proceedings but also against those who
were summoned but did not appear.
Jurisdiction, defined.
It is defined as the power to hear and decide cases. (Herrera vs
Barreto & Joaquin) It is also the power with which courts are
invested with the power of administering justice. In order for
the court to have authority to dispose of a case on the merits, it
must acquire jurisdiction over the subject matter and the
parties. (Republic Planters Bank vs Molina)
Which court has jurisdiction over land registration cases?
1. The Courts of First Instance (now the RTC) shall have exclusive
jurisdiction over all applications for original registration of title to
lands with power to hear and determine all questions arising
upon such applications or petitions. (Sec 2 PD 1529)
2. Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts may hear and determine cadastral or land
registration cases covering lots where there is no controversy or
opposition, or contested lots where the value of which does not
exceed P 100,000.00. (Sec 34 BP 129)
How is the value of land determined?
1. By affidavit of the claimant
2. By agreement of the respective claimants, if there are
more than one claimants
3. Tax declaration of real property)
Jurisdiction over the res; venue
Jurisdiction over the res is important in a land registration
proceeding as the acquisition therewith is what will bring a parcel of
land into actual custody of law.
Fwkes vs Vasquez – it is the publication of the notice of hearing
that is considered one of the essential bases of the jurisdiction of
the court in land registration proceeding, for the proceeding being
in rem, it is only when there is constructive seizure of the land,
effected by the publication and notice, that jurisdiction over the res
is vested on the court.
The venue for such actions is with the CFI (now RTC) of the
province or city where the land lies.
Sec 23 PD 1529 – The publication in the Official Gazette shall be
sufficient 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”.
Who may file application for registration over the land (Sec 14 PD
1529)
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;
2. Those who have acquired ownership of private lands
by prescription
3. Those who have acquired ownership of private or abandoned
river beds by right of accession or accretion
4. Those who have acquired ownership of land in any other manner
provided by law
Can a private corp apply for registration of lands under Sec 14 PD
1529?
In Republic vs Manna Properties, the SC held that lands under Sec
48 CA 141 are effectively segregated from the public domain by
virtue of acquisitive prescription. Open, exclusive and undisputed
possession of alienable public land for the prescribed period ipso
jure converts such land into private land. Judicial confirmation is
only a formality that merely confirms the earlier conversion of
the land into private land, the conversion having occurred in law
from the moment the required period of possession became
complete. The reckoning point is June 12, 1945. If the
predecessors-in-interest of Manna have been in possession of
the land in question since this date or earlier, Manna may
rightfully apply for confirmation of title to land.
Requisites of judicial confirmation of incomplete or imperfect title
under Sec 14(1) PD 1529
1. The property in question is alienable and disposable land of the
public domain
2. The applicants by themselves or through their predecessors
in interest have been in open, continuous, exclusive and
notorious possession and occupation
3. The possession is under a bona fide claim of ownership since
June 12, 1945 or earlier
Alienable and disposable public land of the public domain are those
classified and declared as not needed for forest purposes. (Sec 3
Revised Forestry Code)
In Pelbel Manufacturing vs CA - Possession is open when it is
visible and apparent to a common observer. Continuous
possession consists of uninterrupted acts of non-permissive
possession of property by the current occupants and their
predecessor. To be notorious, possession must be so conspicuous
that it is generally known and talked of by the public or at least by
the people in the vicinity of the premises.
Nature of Possession
In Director of Lands vs IAC – SC said that “taken together with the
words open, continuous, exclusive and notorious, the word
occupation serves to highlight that for one to qualify under the
law, his possession of the land must not be mere fiction.
In Republic of the Phils vs Hon Vera – a mere casual cultivation of
portions of the land by the claimant does not constitute
possession under claim of ownership. What will justify
registration is the act of actual possession and occupation and a
mere casual cultivation will not do.
When should an applicant’s possession be reckoned?
In Republic vs Naguit, the SC clarified that Section 14(1) of PD
1529 should be interpreted to include possession before the
declaration of the land’s alienability as long as at the time of the
application for registration, the land has already been declared
part of the alienable and disposable agricultural public lands.
A contrary view that lands of the public domain which were not
declared alienable and disposable before June 12, 1945 would not
be susceptible to original registration, no matter the length of the
challenged possession by the occupant renders Section 14(1) of
PD 1529 virtually inoperative and even precludes the government
from giving it effect even as it decides to reclassify public
agricultural lands as alienable and disposable.
What is important in computing the period of possession is that
the land has already been declared alienable and disposable at the
time of the application for registration. Upon satisfaction of this
requirement, the computation of the period may include the
period of adverse possession prior to the declaration that the land
is alienable and disposable. (Republic vs. Naguit)
Are Tax Declarations evidence or proof of ownership?
While tax declaration is a proof that real property taxes are paid
for, by itself, it is not sufficient evidence of ownership. (Republic vs
Lagramada) At most, it is only a prima facie evidence of possession
or claim of ownership. (Republic vs Santua). For no one in his right
mind would be paying taxes for a property that is not in his actual
or at least constructive possession.
Prescription on Sec 14(2)
By prescription, one acquires ownership and other real rights
through the lapse of time in the manner and under the
conditions laid down by law.
Acquisitive prescription is either ordinary or extraordinary.
Ordinary acquisitive prescription requires possession in good faith
and with just title for ten years. Without good faith and just title,
acquisitive prescription can only be extraordinary in character
which requires uninterrupted adverse possession for 30 years.
Elements of ordinary acquisitive prescription
1. Possession of things in good faith
2. With just title
3. For the time fixed by law
4. Possession in concept of an owner, public, peaceful
and uninterrupted
Good faith; just title
Villanueva vs Branoco Jan 24, 2011
Possession is in good faith when there is reasonable belief that
the person from whom the thing is received has been the owner
thereof and could thereby transmit his ownership.
There is just title when the adverse claimant comes into
possession of the property through any of the modes recognized
by law for the acquisition of ownership or other real rights, but the
grantor is neither the owner nor in a position to transmit the right.
Requirements for extraordinary acquisitive prescription
1. Uninterrupted adverse possession for 30 years
2. Without need of title or good faith
3. In the concept of an owner
Coverage of Section 14(2) PD 1529
By its express terms, it applies only to private lands or patrimonial
lands. It does not apply to alienable and disposable lands of the
public domain under Section 14(1).
Accretion on Sec 14(3)
Accretion is the process whereby the soil is deposited along the
banks of rivers. The soil deposit, in order to be considered
accretion, must be
(a) gradual and imperceptible
(b) made through the effects of the current of the water and
(c) taking place on land adjacent to the river banks.
Laws on Ownership of accretion
1. To the owners of lands adjoining the banks of rivers belong the
accretion which they gradually receive from the effects of the
current of the waters. (Art 457 Civil Code)
2. River beds which are abandoned through the natural change in
the course of the waters ipso facto belong to the owners whose
lands are occupied by the new course in proportion to the area
lost. However, the owners of the lands adjoining the old bed shall
have the right to acquire the same by paying the value thereof,
which value shall not exceed the value of the area occupied by the
new bed. (Art 461 Civil Code)
3. Islands which through successive accumulation of alluvial
deposits are formed in non-navigable and non-floatable rivers
belong
a. to the owners of the margins or banks nearest to each of
them, or
b. to the owners of both margins if the island is in the middle
of the river, in which case it shall be divided longitudinally
in halves.
If a single island thus formed be more distant from one margin
than from the other, the owner of the nearer margin shall be the
sole owner thereof. (Art 465 Civil Code)
Tiongco vs Director of Lands
Where the land was not formed by the sole effect of the water
current of the river bordering said land but is also a consequence of
the direct and deliberate intervention of man, it was deemed a
man-made accretion and as such, part of the public domain.
In Navarro vs IAC, the action of waters formed in waters bounded
by Manila bay belong to the State because the same are actions on
the sea. Lands added to the shores by accretions and alluvial deposits
caused by the action of the sea form part of the public domain.
Under Art 464 Civil Code, islands which may be formed on the
seas within the jurisdiction of the Philippines, on lakes and on
navigable or floatable rivers belong to the State.
Define River bank.
In Hilario vs City of Manila 19 SCRA 931, a river bank is part of the
river bed. It refers to those lateral strips of zones of its bed which
are washed by the stream only during high floods as do not cause
inundations or to the point reached by the river at high tide.
“River” consists of water, a bed and banks. It is a compound idea;
it cannot exist without all its parts. Evaporate the water, and you
have a dry hollow. If you could sink the bed, instead of a river, you
would have a fathomless gulf. Remove the banks and you have a
boundless flood.
Effects of accretion
The effect of accretion is to vest on the riparian owners
the automatic ownership over lands.
In Agustin vs IAC July 15, 1990, the reason for the rule is because
if lands bordering on streams are exposed to floods and other
damages due to the destructive force of the waters, and if by
virtue of law they are subject to encumbrances and various kinds
of easements, it is only just that such risks or damages as may
prejudice the owners thereof should in some way be
compensated by the right of accretion.
Accretions in favor of the State
Art. 462. Whenever a river, changing its course by natural
causes, opens a new bed through a private estate, this bed shall
become of public dominion.
Art. 464. Islands which may be formed on the seas within the
jurisdiction of the Philippines, on lakes, and on navigable or
floatable rivers belong to the State.
Other modes of acquisition Sec 14(4)
1. Donation
2. Succession
3. Sale
Donation is an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another, who accepts
it.
Requisites of valid donation of immovable
1. Made in a public document
2. Acceptance by donee made in the same deed of donation or in
a separate document, during the lifetime of the donor
Succession is a mode of acquisition by virtue of which the
property, rights and obligations to the extent of the value of the
inheritance of a person are transmitted through his death to
another or others either by his will or by operation of law. The
rights to the succession are transmitted from the moment of
death of the decedent. (Art 774 Civil Code)
Testate Estate of Borja vs Tasiana vda de Borja
Three siblings are heirs of De Borja. One heir sold his share
without the consent of the other two. The Court said that there
is no legal bar for the aforementioned sibling to sell his share,
even if the actual extent of his share has not yet been
determined because the hereditary share was transmitted from
the moment of death of the decedent.
By the contract of sale, one of the contracting parties obligates
himself to transfer the ownership and to deliver a determinate
thing, and the other to pay therefor a price certain in money or its
equivalent. (Art 1458 Civil Code)
Elements of sale
1. Subject matter
2. Price certain
3. Terms of payment of the price
Subject matter of sale of land
In Dichoso vs CA, Erico vs Chagas, and Paterno vs Salud, the SC
said that what really defines a piece of land is not the area,
calculated with more or less certainty mentioned in the
description, but the boundaries laid down as enclosing the land and
indicating its limits.
In Naranja vs CA, in order for a contract of sale to be valid, it need not
contain a technical description of the subject property. The failure of
the parties to specify with absolute clarity the object of a contract by
including its technical description is of no moment. What is important
is that there is, in fact an object which is determinate or at least
determinable.
Price certain
The price is certain if
1. The parties have fixed or agreed upon a definite amount
2. It be certain with reference to another thing certain
3. The determination of the price is left to the judgment of a
specified person
Delivery, how made
1. By the execution of a public document
2. By symbolic delivery of the keys to the property along with the
recording of the sale with the Register of Deeds
3. Tradicion constitutum possessoriumby virtue of which the
vendor remains in actual possessionof the property in some other
concept such as a lessee or tradicion brevi manu, by virtue of which
the possessor changes the character of his possession, such as
from lessee to owner
STEPS IN CHRONOLOGICAL ORDER FOR THE REGISTRATION OF TITLE
TO LAND UNDER PD 1529
1. Survey of the land
2. Preparation and filing of the application
3. Setting of the date for the hearing of the application by the court
4. Transmittal by the Clerk of Court to the Land Registration
Authority (LRA) the duplicate of the application and the date of
initial hearing together with all the documents attached thereto
5. Publication of Notice of the filing of the application and the date
and place of the hearing once in a newspaper of general circulation
and once in the Official Gazette
6. Service of Notice upon contiguous owners, occupants and those
known to have interests in the property by the sheriff
7. Filing of the answer to the application by any person whether
named in the notice or not
8. Hearing of the case by the court and the presentation of
evidence
9. Promulgation of the judgment by the court
10. Issuance of an order by the court declaring the judgment final
and instructing the LRA to issue the decree of registration
11. Entry of the decree of registration in the LRA
12. Sending copy of the decree of registration by the LRA to
the corresponding Registrar of Deeds
13. Transcription of the decree of registration in the registration
book and the issuance of the owner’s copy of the original certificate
of title
Section 17 PD 1529
What and where to file. The application for land registration shall be
filed with the Court of First Instance (RTC) of the province or city
where the land is situated. The applicant shall file together with the
application all original muniments of titles or copies thereof and a
survey plan of the land approved by the Bureau of Lands.
The clerk of court shall not accept any application unless it is shown
that the applicant has furnished the Director of Lands with a copy of
the application and all annexes.
Form of Application; Sec 15 PD 1529
The application for land registration
1. shall be in writing,
2. signed by the applicant or the person duly authorized in his
behalf, and
3. sworn to before any officer authorized to administer oaths for
the province or city where the application was actually signed.
Contents of the Application; Sec 15 PD 1529
The application
1. shall contain a description of the land and
2. shall state the citizenship and civil status of the applicant,
whether single or married, and, if married, the name of the wife
or husband, and, if the marriage has been legally dissolved,
when and how the marriage relation terminated.
3. shall also state the full names and addresses of all occupants of
the land and those of the adjoining owners, if known, and, if not
known, it shall state the extent of the search made to find them.
Notice of Application
The public shall be given notice of initial hearing of the
application for land registration by means of
1. Publication
2. Mailing
3. Posting
The Land Registration Authority is responsible for the
compliance with the notice requirements of PD 1529.
Publication
The LRA shall cause 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.G. shall be sufficient to confer jurisdiction
upon the court.
Mailing
The LRA shall, within seven days after publication of notice in
the O.G., cause a copy of the notice of initial hearing to be
mailed to every person named in the notice whose address is
known.
Other Persons/Offices to be notified by mail
1. DPWH
2. Provincial governor and city/mun. mayor
3. DAR
4. Office of the Solicitor General
5. LMB
6. Bureau of Forestry
7. Director of Mines
8. Director of Fisheries and Aquatic Resources
Posting
The LRA shall cause a duly attested copy of the notice of initial
hearing to be posted by the sheriff of the province or city or by
his deputy, in a conspicuous place on the bulletin board of the
municipal building of the municipality or city where the land lies,
at least fourteen days before the date of initial hearing.
It is the right of any person claiming an interest, whether named
in the notice or not, to 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.
judgment shall be rendered confirming the title of the applicant or
the oppositor, to the land or portions thereof.
Finality of Judgment
The judgment rendered in a land registration proceedings becomes
final upon the expiration of thirty days to be counted from the date
of receipt of notice of the judgment. An appeal may be taken from
the judgment of the court as in ordinary civil cases.
After judgment has become final and executory, it shall devolve
upon the court to forthwith issue an order to the Commissioner
(LRA) for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged
entitled to registration.
Certificate of Finality
After the judgment directing the registration of title to land has
become final, the clerk of court shall send certified copies of
judgment and of the order of the court directing the LRA to
issue the decree of registration and certificate of title, and
certificate stating that the decision has not been amended,
reconsidered, nor appealed and has become final.
Issuance and Entry of Decree
The LRA shall cause to be prepared the decree of registration as
well as the original and duplicate of the corresponding original
certificate of title. The OCT shall be a true copy of the decree of
registration. The original and duplicate copies of the OCT shall be
sent to the Register of Deeds (ROD) of the city or province where
the land lies for entry in the registration book.
The ROD shall send notice by mail to the registered owner and
shall be delivered to him upon payment of legal fees.
Lapse of one year from issuance of decree
Before the expiration of one year, the decree of registration may
be reopened only by reason of actual fraud.
The decree shall not be reopened or revised by reason of
absence, minority, or other disability of any person adversely
affected thereby, or where an innocent purchaser for value has
acquired the land or an interest therein, whose rights may be
prejudiced.
After one year from issuance of decree, the decree and the
certificate of title issued shall become incontrovertible. Any
person aggrieved by such decree of registration in any case may
pursue his remedy by action for damages against the applicant or
any other persons responsible for the fraud.

Opposition
The oppositor shall
1. state all the objections
2. set forth the interest claimed and
3. apply for the remedy desired
4. swear by himself or someone on his behalf the opposition.

Trial & Judgement

Trial may be conducted either by the court or through
a commissioner.
All conflicting claims of ownership and interest in the subject land
shall be determined by the court. If the court finds that the
applicant or oppositor has sufficient title proper for registration,