LAND REGISTRATION- IS A JUDICIAL OR ADMINISTRATIVE
AGRICULTURAL AGRICULTURAL LAND ALL OTHER NATURAL NATURAL RESOURCES RESOURCES SHALL
PROCEEDING WHEREBY A PERSON CLAIM OF OWNERSHIP
BE NOT ALIENATED. THE REGALIAN DOCTRINE RESERVES TO
OVER A PARTICULAR LAND IS DETERMINED AND CONFIRMED
THE STATE ALL MINERAL THAT MAY BE FOUND IN PUBLIC AND
OR RECOGNIZED SO THAT SUCH LAND AND THE OWNERSHIP
EVEN
THEREOF MAY BE RECORDED IN A PUBLIC REGISTRY.
INDUSTRIAL, COMMERCIAL , RESIDENTIAL OR FOR ANY
PRIVATE
LAND
DEVOTED
TO
AGRICULTURAL,
PURPOSE OTHER THAN MINING. IF A PERSON IS THE OWNER
JUDICIAL LAND REGISTRATION REGISTRATION - IS A PROCEEDING WHERE THE
OF
APPLICATION FOR LAND REGISTRATION REGISTRATION IS FILED IN THE
DISCOVERED HIS OWNERSHIP OF SUCH LAND DOES NOT GIVE
PROPER COURT.
HIM THE RIGHT TO EXTRACT OR UTILIZE THE SAID MINERALS
AGRICULTURAL
LAND
IN
WHICH
MINERALS
ARE
WITHOUT THE PERMISSION OF THE STATE TO WHICH
THERE ARE TWO KINDS OF JUDICIAL LAND REGISTRATION : 1.
2.
ORDINARY LAND REGISTRATION PROCEEDINGPROCEEDINGWHERE THE APPLICATION FOR LAND REGISTRATION IS INITIATED AND FILED IN COURT BY THE OWNER OR PERSON CLAIMING OWNERSHIP OF THE LAND. CADASTRAL LAND REGISTRATION PROCEEDINGPROCEEDINGWHERE IT IS THE GOVERNMENT THAT UNDERTAKES THE SURVEY OF THE LAND AND FILES THE PETITION IN COURT FOR THE REGISTRATION OF THE WHOLE OR PART OF THE LANDS IN A MUNICIPALITY, CITY OR PROVINCE AND WHERE ALL PERSONS ARE GIVEN NOTICE BY PUBLICATION AND REQUIRED TO MAKE KNOWN AND PROVE THEIR CLAIMS OF OWNERSHIP OR INTEREST OVER THE SAME OTHERWISE THE LOTS WILL BE DECLARED PUBLIC LAND.
MINERAL BELONGS.
7 STEPS IN JUDICIAL LAND REGISTRATION : 1. 2. 3. 4. 5. 6. 7. ST
1
STEP: APPLICATION FOR LAND REGISTRATION IN COURT:
WHO MAY APPLY? 1.
ADMINISTRATIVE ADMINISTRATIVE LAND REGISTRATION- IS A PROCEEDING WHERE THE APPLICATION FOR A FREE PATENT, HOMESTEAD PATENT, SALES PATENT OR OTHER GRANT OF PUBLIC LAND IS FILED IN AND DETERMINED BY THE DENR. TORRENS CERTIFICATE OF TITILE - IS THE EVIDENCE OF OWNERSHIP ISSUED BY THE REGISTER OF DEEDS TO THE OWNER OF A PARTICULAR LAND WHICH IS REGISTERED UNDER THE TORRENS SYSTEM OF REGISTRATION. ORIGINAL CERTIFICATE OF TITLE- IS THE FIRST TITLE ISSUED IN THE NAME OF A REGISTERED OWNER BY THE REGISTER OF DEEDS COVERING A PARCEL OF LAND WHICH HAD BEEN REGISTERED UNDER THE TORRENS SYSTEM BY VIRTUE OF JUDICAL A OR ADMINISTRA ADMINISTRATIVE TIVE PROCEEDING. PROCEEDING. TRANSFER CERTIFICATE OF TITLE- IS THE TITLE ISSUED BY THE
APPLICATION FOR LAND REGISTRATION PUBLICATION OPPOSITION HEARING JUDGEMENT DECREE OF REGISTRATION ORIGINAL CERTIFICATE OF TITLE
2.
3.
4.
THOSE WHO BY THEMSELVES OR THROUGH THEIR PREDECESSORS-IN –INREREST HAS BEEN IN OPEN, CONTINOUS, EXCLUSIVE AND NOTORIOUS POSSESSION AND OCCUPATION OF ALIENABLE AND DISPOSABLE LAND OF THE PUBLIC DOMAIN UNDER BONA FIDE CLAIM OF OWNERSHIP SINCE JUNE 12, 1945 THOSE WHO HAVE ACQUIRED OWNERSHIP OF PRIVATE LANDS BY PRESCRIPTION UNDER THE PROVISION OF EXISTING LAW THOSE WHO HAVE ACQUIRED OWNERSHIP OF PRIVATE LANDS OR ABANDONED RIVER BEDS BY RIGHT OF ACCESSION OR ACCRETION UNDER EXISTING LAWS. THOSE WHO HACE ACQUIRED OWNERSHIP OF LAND IN ANY OTHER MANNER PROVIDED FOR BY LAW.
HOW TO ACQUIRE OWNERSHIP OF THE LAND:
REGISTER OF DEEDS IN FAVOR OF A TRANSFEREE TO WHOM THE OWNERSHIP OF THE REGISTERED LAND HAS BEEN
1.
TRANSFERRED BY VIRTUE OF A SALE OR OTHER MODES OF CONVEYANCE.
2. 3.
LAWS IMPELEMENTING LAND REGISTRATION : 1. 2. 3. 4. 5.
PROPERTY REGISTRATION DECREE CADASTRAL ACT PUBLIC LAND ACT PRESIDENTIAL PRESIDENTIAL DECREE NO.27 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988
WHERE TO FILE THE APPLICATION? THE APPLICATION FOR LAND REGISTRATION SHALL BE FILED IN THE RTC OF THE PROVINCE OR CITY WHERE THE LAND IS SITUATED. 1.
REGALIAN DOCTRINE - THAT ALL LANDS OF THE PUBLIC DOMAIN AND OTHER NATURAL RESOURCES ARE OWNED BY THE STATE AND THAT WITH THE EXCEPTION OF
BY POSSESSION OF THE LAND SINCE TIME IMMEMORIAL BY POSSESSION OF ALINABLE ALINABLE PUBLIC LAND BY SALE, DONATION AND OTHER MODES OF ACQUIRING OWNERSHIP
IN THE RTC- HAVE EXCLUSIVE JURISDICTION OVER ALL APPLICATION FOR ORIGINAL REGISTRATION REGISTRATION OF TITILE TO LANDS.
2.
IN THE MTC- MAY BE ASSIGNED BY THE SC TO HEAR AND DETERMINE CADASTRAL OR LAND REGISTRATION CASE.
-THE PURPOSE OF THE APPLICANT TO PROVE THAT HE HAS AN ABSOLUTE OR SIMPLE TITILE OVER THE PROPERTY SOUGHT TO BE REGISTERED.
CONTENTS OF THE APPLICATION; ANNEXES: 1. 2. 3. 4. 5.
NAME OF THE APPLICANT DESCRIPTION OF THE LAND VERIFICATION APPLICATION COVERING TWO OR MORE PARCELS ANNEXRS TO THE APPLICATION: 1. SURVEY PLAN OF THE LAND 2. TECHNICAL DESCRIPTION 3. CERTIFICAATE OF THE GEODETIC ENGINEER 4. CERTIFICATE REGARDING THE LAST ASSESSMENT FOR TAXATION OF THE PROPERTY
TH
4 STEPS: HEARING OF SAID APPLICATION PRESENTATION OF EVIDENCE IN COURT
AND
PROCEEDING IN REM- JUDICIAL PROCEEDING FOR THE REGISTRATION OF LANDS THROUGHOUT THE PHILIPPINES SHALL BE IN REM AND SHALL BE BASED ON THE GENERALLY ACCEPTED PRINCIPLES UNDERLYING THE TORRENS SYSTEM. -LAND REGISTRATION UNDER THE TORRENS SYSTEM IS A JUDICAL PROCEEDING IN REM INTENDED TO CONFIRM AND REGISTER THE OWNERSHIP OR TITLE OF A PERSON OVER THE LAND.
ND
2 STEPS: PUBLICATION OF THE NOTICE OF THE INITIAL HEARING OF SAID APPLICATION 1.
2. 3.
NOTICE OF THE INITIAL HEARING- MUST BE PUBLISHED IN THE OFFICAL GAZETTE AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES. UPON RECEIPT OF SUCH ORDER OF THE COURT SETTING THE TIME FOR INITIAL HEARING THE ADMINISTRATOR OF THE LAND REGISTRATION AUTHORITY 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 MAILING OF NOTICE OF INITIAL HEARING POSTING OF NOTICE OF INITIAL HEARING
RD
3 STEP: OPPOSITION TO SAID APPLICATION MAY BE FILED BY ANY PERSON WHO CLAIMS THE LAND OR INTEREST THEREIN OPPOSITION WHO MAY FILE? ANY PERSON CLAIMING THE LAND OR ADVERSE INTEREST THEREIN WHETHER NAMED IN THE NOTICE OR NOT MAY APPEAR AND FILE AN OPPOSITION TO THE APPLICATION FOR LAND REGISTRATION ON OR BEFORE THE DATE OF INITIAL HEARING OR WITHIN SUCH FURTHER TIMES AS MAY BE ALLOWED BY THE COURT. THE OPPOSITION SHALL STATE: 1. 2. 3. 4.
ALL THE OBJECTIONS TO THE APPLICATION THE INTEREST CLAIMED BY THE PARTY FILING THE SAME APPLY FOR THE REMEDY DESIRED IT SHALL SIGNED AND SWORN BY TH OPPOSITOR OR BY SOME OTHER DULY AUTHORIZED PERSON
BASIS OF OPPOSITION - THE OPPOSITION TO THE APPLICATION FOR LAND REGISTRATION SHOULD BE BASED ON A RIGHT OG DOMINION OR SOME OTHER REAL RIGHT INDEPENDENT OF AND NOT AT ALL SUBORDINATE TO THE RIGHTS OF THE GOVERNMENT.
EVIDENCE: 1.
2.
TO PROVE THAT THE NOTICE OF INITIAL HEARING OF THE APPLICATION HAD BEEN PUBLISHED, MAILED AND POSTED AS REQUIRED BY LAW. TO PROVE THAT THE APPLICANT IS THE OWNER, THE APPLICANT MUST SHOW THAT HE IS THE REAL AND ABSOLUTE OWNER IN FEE SIMPLE OF THE LAND APPLIED FOR REGISTRATION. 1. BY VIRTUE OF POSSESSION OF PRIVATE LAND 2. BY VIRTUE OF POSSESSION OF PUBLIC LAND
PRIVATE CORPORATIONS OR ASSOCIATIONS MAY NOT HOLD SUCH LANDS OF THE PUBLIC DOMAIN EXCEPT BY LEASE FOR A PERION NOT EXCEEDING 25 YEARS, RENEWABL FOR NOT MORE THAN 25 YEARS AND NOT TO EXCEED ONE THOUSAND HECTARES IN AREA. UNDER SEC. 113 OF BP BLG. 68, A CORPORATION SOLE MY PURCHASE AND HOLD REAL ESTATE AND PERSONAL PROPERTY FOR ITS CHURCH, CHARITABLE, BENEVOLENT OR EDUCATIONAL PURPOSES. ACCRETION IN RIVER BANKS- IS THE SOIL DEPOSITED AND ADDED TO THE LAND ADJOINING THE BANK OF RIVERS AND RECEIVED GRADUALLY THE EFFECT OF THE CURRENT OF THE WATERS. THE ACCRETION TO REGISTERED LAND DOES NOT AUTOMICALLY BECOMES REGISTERED. LAND REGISTRATION PROCEEDING ARE NECESSARY TO BRING THE INCREASED ARE OF THE LAND UNDER THE COVERAGE LAND REGISTRATION ACT. TO PROVE THE IDENTITY OF THE LAND- THE LAND APPLIED FOR REGISTRATION MUST BE INDENTIFIED. THE CLAIM OF POSSESSION IS INUTILE IF THE LAND IS NOT IDENTIFIED. -THE APPLICANT WHO RELIES ON A DOCUMENT EVIDENCE HIS OWNERSHIP OF THE LAND MUST PROVE THE IDENTITY OF THE LAND REFFERED TO IN THE DOCUMENT AND ALSO PROVE THE GENUINENESS.
IDENTITY OF LAND: SURVEY PLAND TECHNICAL DESCRIPTION- THE SURVEY PLAN AND ITS TECHNICAL DESCRIPTION SUBMITTED IN EVIDENCE BY PRIVATE RESPONDENTS FULLY DESCRIBES THE METES AND BOUNDS OF THE LAND INVOLVED.
TH
6 STEP: DECREE OF REGISTRATION FOR THE LAND SHALL BE ISSUED BY THE LRA AFTER JUDGMENT OF THE LAND REGISTRATION COURT HAS BECOME FINAL AND EXECUTORY THE LRA FOR THE ISSUANCE OF THE DECREE OF REGISTRATION AND THE CORRESPONDING
IDENTITY OF THE LAND: BY AREA-ALTHOUGH IT IS TRUE THAT WHAT DEFINES A PIECE OF LANDS IS NOT THE AREA MENIONED IN ITS DESCRIPTION BUT THE BOUBDARIES THEREIN LAID DOWN, IN CONTROVERSIAL CASES WHERE THERE APPEARS TO BE AN OVERLAPPING OF BOUNDARIES THE ACTUAL SIZE OF THE PROPERTY GAINS IMPORTANCE.
CERTIFICATE OF TITLE IN THE NAME OF THE PERSON ADJUDGE
IDENTITY OF LAND: BY BOUNDARIES- TECHNICAL DESCRIPTIONS, WHAT DEFINES A PIECE OF TITLE PROPERTY IS NOT THE NUMERICAL DATA INDICATED AS THE AREA OF THE LAND BUT THE BOUNDARIES.
ORIGINAL CERTIFICATE OF TITLE - AFTER THE DECREE OF REGISTRATION HAS BEEN ISSUED BY THE ADMINISTRATOR AND ENTERED IN THE REGISTRATION BOOK, OF THE LRA, THE ADMINISTRATOR SHALL CAUSE THE PREPARATION OF THE ORIGINAL CERTIFICATE OF TITLE SHALL SIGNED BY THE ADMINISTRATOR AND SHALL BE SENT TOGETHER WITH THE OWNER DUPLICATE CERTIFICATE , TO THE REGISTER OF DEEDS OF THE CITY OR PROVINCE WHERE THE PROPERTY IS SITUATED FOR ENTRY IN HIS REGISTRATION.
SPANISH TITLES- NO LONGER ADMISSIBLE AS EVIDENCE OF OWNERSHIP. TH
5
STEP: JUDGEMENT SHALL BE RENDERED BY THE COURT
ENTITLE TO REGISTRATION. TH
7 STEP: ORIGINAL CERTIFICATE OF TILE FOR THE LAND ISSUED BY THE LRA WHICH SHALL THEN BE ENTERED BY THE REGISTER OF DEEDS IN HIS RECORD BOOK.
JUDGEMENT- AFTER HEARING THE COURT SHALL RENDER JUDGEMENT ON THE BASIS OF THE EVIDENCE PRESENTED BY THE PARTIES
WRIT OF POSSESSION - THE OLD AGED RULE IS THAT THE PERSON WHO HAS A TORRENS TITLE OVER A LAND IS ENTITLE TO POSSESSION THEREOF.
JUDGEMENT CONFIRMING TITLE - ALL CONFLICTING CLAIMS OF OWNERSHIP AND INTEREST IN THE LAND SUBJECT OF THE APPLICATION SHALL BE DETERMINED BY THE COURT.
THE FUNCTION OF REGISTERS OF DEEDS- IT SHALL BE THE DUTY OF THE REGISTER OF DEEDS TO IMMEDIATELY REGISTER AN INSTRUMENT PRESENTED FOR REGISTRATION DEALING WITH REAL OR PERSONAL PROPERTY WHICH COMPLIES WITH ALL THE REQUISITES FOR REGISTRATION.
PARTIAL JUDGEMENT ALLOWED- IN A LAND REGISTRATION PROCEEDING WHERE ONLY A PORTION OF THE LAND SUBJECT OF REGISTRATION IS CONTESTED, THE COURT MAY RENDER PARTIAL JUDGMENT PROVIDED THAT A SUBDIVISION PLAN SHOWING THE CONTESTED AND UNCONTESTED PORTIONS APPROVED BY THE DIRECTOR OF LAND IS PREVIOUSLY SUBMITTED TO SAID COURT.
MINISTERIAL DUTY - THE FUNCTION OF REGISTER OF DEEDS WITH REFERENCE TO THE REGISTRATION OF DEEDS, ENCUMBRANCES, INSTRUMENTS AND THE LIKE IS MINISTERIAL DUTY. KINDS OF DOCUMENTS
WHICH ARE SUBJECT TO THE PERFORMANCE OF A CONDITION PRECEDENT ARE NOT FINAL UNTIL THE CONDITION IS PERFORMED. CONDITIONAL
JUDGMENT-
WHEN JUDGMENT BECOMES FINAL- PROVIDE THAT THE JUDGEMENT RENDERED IN A LAND REGISTRATION PROCEEDING BECOMES FINAL UPON THE EXPIRATION OF THIRTY DAYS TO BE COUNTED FROM THE DATE OF RECIPT OF NOTICE OF THE JUDGMENT. RES JUDICATA- THE FOLLOWING ARE THE ELEMENTS: 1. 2.
3.
THE FORMER JUDGEMENT MUST BE FINAL THE COURT WHICH RENDERED JUDGMENT MUST HAVE JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER IT MUST BE A JUDGEMENT ON THE MERITS.
-ONCE A JUDGMENT HAS BECOME FINAL AND EXECUTORY IT CAN NO LONGER BE DISTURBED NO MATTER HOW ERRONEOUS IT MAY BE.
VOLUNTARY DOCUMENTS- A VOLUNTARY DOCUMENTS IS ONE WHICH IS EXECUTED BY THE REGISTERD OWNER OF A TITLE LAND BY HIMSELF OR THROUGH HIS DULY AUTHORIZED REPRESENTATIV E OF HIS OWN FREE WILL AND VOLUNTARY ACT OR WITH HIS CONSENT. INVOLUNTARY DOCUMENTS- AN INVOLUNTARU DOCUMENT IS ONE IS EXECUTED BY A PERSON OTHER THAN THE REGISTERED OWNER OF A TITLED PROPERTY THE OBJECT OF WHICH IS TO BIND OR CHARGE THE PROPERTY WITHOUT THE CONSENT OF OR AGAINST THE WILL OF THE REGISTERED OWNER.
