Cadastral Registration Proceedings

Michael Arthur Santiago

Jed Warren Vertucio
Characteristics and Nature
Act 2259 enacted on Feb. 11, 1913
Pursuant to the initiative of the
Government
Titles within the area are compulsorily
adjudicated
Section 35 (a)
When in the opinion of the President of
the Philippines public interest so
requires
that
title
to
any
unregistered lands be settled and
adjudicated, he may to this end
direct and order the Director of
Lands to cause to be made a
cadastral survey of the lands
involved and the plans and technical
description thereof prepared in due
form.
Purpose
Serve public interest
Any unregistered lands be settled and
adjudicated
Principal aim: to settle all disputes
over land and remove all clouds over
land titles
Nature of Proceeding
Proceeding in rem, final judgment is
binding and conclusive upon the
whole world
Usual rules of practice, procedures and
evidences
govern
registration
proceedings

Steps in cadastral Proceeding

1. Cadastral survey preparatory for
filing petition
2. Filing of petition for registration
3. Notice of survey and publication
4. Filing of answer
5. Hearing of petition
6. Rendition of judgment
Cadastral Survey

Opinion of President
Order Director of Lands
Geodetic Engineers or employees
of Bureau of Lands
Placing of monuments as markings
of boundaries

Filing of Petition for Registration

Solicitor General institutes original

registration proceedings
Filed in the Regional Trial Court
where land is situated
Public Interest requires the
adjudication and settling of the
lands
Petition contains description of
land, along with the plan and other
data
Parcels shall be known as lots and
is given cadastral lot numbers

Notice of Survey and Publication

Full and accurate description of
lands to be surveyed
Notices sent for persons claiming
interest and for general public:
A.) Official Gazette
B.) Posted in bulletin board of
municipal
building
C.)Mayor, Barangay Captain,
Sangguniang Panlalawigan and
Sangguniang Bayan

Filing of Answer
Any claimant shall file on or before the
date of initial hearing
Must be signed and sworn to by him or
on his behalf
Shall contain:
A. Age of claimant
B. Cadastral number or lot/lots
claimed
C. Name of barrio and
municipality
where it is
situated
D. Names and addresses of
adjoining lot
owners
E. If in possession, length of his
and his
predecessors
possession as well as
the
manner of acquisition
G. Last assessed value of the
lot/lots
H. Encumbrances affecting the
lots and
the names of
adverse claimants
Hearing of Petition
Trial may occur at any convenient
place provided it is within the
province where subject land is
situated
Proceedings shall be, as well as the
governing rules, the same as in
ordinary land registration
proceedings
Rendition of Judgment
Conflicting interests shall be
adjudicated by the court

Decrees favoring one claimant shall be

basis for issuance of original
certificate of title
Absence of successful claimants,
property is declared public land
Actions Taken in Cadastral Proceedings
First Adjudication of ownership in
favor of one claimant
Second Declaration of the
court and order for issuance of
certificate of title
Third Issuance of decrees of
registration by the Land
Registration Act
Title is Deemed Vested

In absence of fraud, title is

vested to owner upon expiration
of period to appeal from the
time when judgment is rendered

Subject of Cadastral Proceedings

Only unregistered lands

Lands already titled cannot be
subject of cadastral proceedings
Once decreed by court, it
becomes binding and
constitutes res judicata

Jurisdiction of Cadastral Courts on

Registered Lands
Limited to necessary correction
of technical errors in description
However, in proper case and
proper application or consent of
registered owners, court may
change the names of owners or
rights in participation

Ordinary Registration
Procedure

Cadastral Procedure

As to party
initiating

Owner or claimant of land

Government

As to subject
matter

Generally private land

Unregistered lands

As to
ownership

Applicant claims to own the

land, seeks confirmation of
his title

Government does not

assert ownership,
provokes the issue for
settlement and
adjudication of the title

As to survey

Survey of land is done at the

instance and for account of
the private person

Government undertakes
the survey and advances
the expenses

As to risk

Absence of sufficiency to
prove ownership, applicant
has another chance to put up
a successful claim for
dismissal is without prejudice

Absence of any
successful claimant,
property is declared
public land and judgment
is conclusive and
constitutes res judicata

Amendment of plan to include

new territory is a nullity for new
publication is required

New certificates of title may be

issued to those holding Torrens
title for lands within the
cadastral survey
Declaration of land as public
land not a bar to subsequent
action for confirmation of title

Ordinary Registration Proceedings VS Cadastral Proceedings