Original Registration 13 Steps - Land Titles

Ordinary Land
Registration
(PD 1529, 13
steps)
Atty. jahmes
13 steps (SAD-TP-SAH-PIEST)
1.) Survey
2.) Filing of Application
3.) Setting of Date for Initial Hearing
4.) Transmittal of Application to the LRA
5.) Publication of Notice
6.) Service of Notice to interested parties
7.) Filing of Answer/Opposition
13 steps (SAD-TP-SAH-PIEST)
8.) Hearing
9.) Promulgation of Judgment
10.) Issuance of Decree
11.) Entry of Decree in LRA
12.) Sending of a copy of to RoD
13.) Transcription of Decree and issue of
Cert. of Title
WHO MAY APPLY (Sec. 14)

Section 14.Who may apply. The following persons
may file in the proper Court of First Instance an
application for registration of title to land, whether
personally or through their duly authorized
representatives:
(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.

HEIRS OF MARIO MALABANAN vs.
REPUBLIC, G.R. No.179987, April 29,
2009
Possessor is entitled to secure judicial
confirmation of his title

2) Those who have acquired ownership of
private lands by prescription under the
provision of existing laws.
(3) Those who have acquired ownership of
private lands or abandoned river beds by
right of accession or accretion under the
existing laws.
(4) Those who have acquired ownership of
land in any other manner provided for by law.
SURVEY
Survey of the land by the Land Management
Bureau or a duly licensed private surveyor.
It must be drawn in a tracing cloth plan.
It is approved ONLY by the Director of Land
Management.
The Land Management Bureau [also, Bureau
of Lands) is an agency under the DENR (In
contrast to LRA, which is under the DoJ)
FILING OF APPLICATION
Filing of Application for Registration by the
applicant at the RTC of the province, city, or
municipality where the property is situated.
Parts of the Application
A. Caption
B. Addresses
C. Name and address of the petitioner
D. Nature of the proceeding (ordinary
cadastral)
or
E. Technical Description of the land
F. Require interested persons to appear in
court at the time of initial hearing
G. Statement that failure to oppose bar
future claims.
Application is endorsed to MTC if there
is no controversy over the land or its
value is less than Php 100,000.00
The Bureau of Lands must always be
furnished with a copy of the petition
and all pertinent documents.
If land is situated between two boundaries
of two provinces, application must be filed:
Boundaries are not defined in the RTC of the
place where it is declared for taxation
purposes.
Boundaries are defined separate plan for
each portion must be made by surveyor and a
separate application for each lot must be filed
with the appropriate RTC.
If land is owned is common, ALL co-owners shall
file the application for land registration jointly.
The vendor may file the application for land sold
under Pacto de Retro unless the period for
redemption expire during the pendency of the
registration proceedings and ownership is
consolidated in the vendee a retro, then the
vendee shall be substituted as applicant.
Land subject of a trust agreement.
Trustee may file on behalf of the
beneficiary unless prohibited by the
instrument creating the trust.
Non-resident registrant (see Section 16)
Note: If the agent/representative dies, or
leaves the Philippines, the applicant shall
forthwith make another appointment for
the substitute, and the court may dismiss
the petition if he fails to do so,
Land Registration Covering two or
more parcels (Sec.18)
May a private corporation file the
application?
See Dir of Lands v IAC and ACME, GR
No. 73002 Dec 29,1986 EN BANC
Who may not apply?
Public land sales applicant
Antichretic creditor
Mortgagee
Others
Form of Application
In writing
Subscribed by applicant
Sworn before an authorized officer of the
place where the application was signed.
AMENDMENTS refers to changes in the
allegations in the application.
FORMAL
AMENDMENTS
mere
amendment as to form.
KINDS of AMENDMENTS
Joinder
Substitution
Discontinuance
Amendments as to form may be
allowed at any stage upon just and
equitable terms. Publication may or
may not be required. (Sec. 19 par. 1)
SUBSTANTIAL AMENDMENTS (Sec 19
par. 2)
Substantial change in the boundaries
Increase in are of the land
Inclusion of additional land
SUBSTANTIAL AMENDMENTS (Sec 19
par. 2)
Publication under Sec. 23 of PD 1529 is
a Jurisdictional Requirements.
The purpose of the new publication is to give
notice to all persons concerning the amended
application. Without a new publication, the
court cannot acquire jurisdiction over the are
not covered by the original application.
The decision would be a nullity as to the
newly included land. (GR No. L-26127 Benin
vs. Tuason.)
What if the amendment is th the cnage
of name of the applicant?
Publication not required. (Dir of Lands v IAC
GR No. 73246, 3/2/1993)
Setting of DATE
Notice of Initial Hearing The court
shall issue an order setting the date
and hour of the hearing within 5 days
from filing of the application, which
hearing is not earlier than 45 days nor
later than 90 days from the date of the
order. (Sec. 23)
Setting of DATE
Note: If the date of initial hearing is set
beyond 90 day period, Court still
acquires jurisdiction. Applicant is not at
fault.
TRANSMITTAL of Application
Transmittal of Application and date of
initial hearing together with all
documents
or
other
evidences
attached thereto by the CLERK of
COURT to the LAND REGISTRATION
AUTHORITY.
PUBLICATION of Notice
Publication of Notice of Filing of
Application and date and place of
hearing once in the Official Gazette
and once in a newspaper of general
circulation in the Philippines.
PUBLICATION of Notice
Note: If the publication is made after
the date of the initial hearing , the
entire proceeding will be null and void
because publication must PRECEDE
the hearing in order for the court to
acquire jurisdiction over the property.
SERVICE of Notice
Service of notice upon contiguous
owners, occupants, and those known
to have an interest in the property by
the sheriff.
Modes: Publication, Posting, Mailing
(Sec. 23)
SERVICE of Notice
Mailing is made using registered mail
addressed to persons indicated in Section
23.
Posting conspicuous place on EACH
parcel of land, bulletin board of the
municipal building, 14 DAYS before the
date of initial hearing.
FILING of ANSWER/OPPOSITION
Who may file? (Sec. 25)
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.
Order of Default (Sec. 26)
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.
HEARING
Reception of evidence is governed by
provisions of PD 1529 and the Rules of
Court shall, insofar as not inconsistent
with the provision of this Decree . Ne
applicable to land registration and
cadastral cases by analogy or in a
suppletory character
and whenever
practicable and convenient. (Section 34)
HEARING
Reference to a referee (Sec. 27, PD
1529)
PROMULGATION of Judgment
Judgment involves the adjudication,
determination, and resolution of the
question of ownership.
Partial Judgment (Sec. 28)
Issuance of Decree
Issuance of decree or ORDER by the
court declaring the decision final and
instructing the Land Registration
Authority to issue a Decree of
Confirmation and Registration.
Issuance of Decree
It is not the court but the LRA which
issues the decree of confirmation and
registration. One year after issuance of
decree, it becomes incontrovertible
and amendments of the same will not
be allowed except merely in case of
clerical errors.
Entry of Decree
Entry of Decree in the Land Registration
Authority
Contents: (Sec. 31)
Effects: (Sec. 32)
Entry of Decree serves as the reckoning date
of the 1 year period from which one can
impugn the validity of the registration.
Entry of Decree
Entry
of
Decree
in
Registration Authority
Contents: (Sec. 31)
the
Land
Assignment
HEIRS OF MARIO MALABANAN vs.
REPUBLIC, G.R. No.179987, April 29,
2009
G.R. No. 173365 Flores vs Bagaoisan
April 15,2010
Republic vs. CA, G.R. No.
100709.November 14, 1997
RA 10023

Original Registration 13 Steps - Land Titles

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Ordinary Land

WHO MAY APPLY (Sec. 14)

WHO MAY APPLY (Sec. 14)

WHO MAY APPLY (Sec. 14)

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