(D) Form and Contents, Dealings with Land

Land brought for the first time survey approved by Dir of Lands
Substantial Amendments
Why is it necessary for the SolGen to be furnished with initial hearing?
Qn: lease of foreshore lands can be registered by possessor?
A: No, because as lessee you are deemed to have admitted the public
character of the lands
Qn: homestead applicant also deemed to have admitted the character of the land?
A: No, already deemed to have fulfilled all the conditions required by law
Republic v. Director of Forestry
Mere blue print copy is sufficient
Why are actual occupants not required to be furnished copy of the initial hearing?
A: In rem proceedings
Requisite steps in bringing land under the Torrens system:
a. Survey of land by LMB or duly licensed private surveyor (to be approved by
Dir. Of Lands)
b. Filing of application
c. Setting of date for initial hearing
d. Transmittal of application and evidences by Clerk of Court to the LRA
e. Publication of the notice of filing in OG and newspaper
f. Service by mail of notice upon contiguous owners, occupants and those
known to have interests
g. Posting by sheriff of the notice in a conspicuous place ON the land and in
the bulletin board
h. Filing of answer whether or not oppositor is named in the notice
i. Hearing
j. Promulgation
k. Issuance of decree declaring the decision final and instructing LRA to issue
decree of confirmation and registration
l. Entry of decree of registration
m. Sending of copy of decree of registration to RD
n. Transcription of the decree in the registration book and issuance of owners
duplicate OCT
Failure to comply denial of application
1. Form and contents of application for registration (p. 139)
a. Sec 15 of PD 1529
i. In writing, signed by applicant/s or authorized representative
and sworn to
ii. Provide info (full description, citizenship, civil status, names,
addresses, assessed value, encumbrances, manner of
acquisition, conjugal or exclusive, names of occupants, original
muniments of title, right of way and other claims)
b. Manual of Instructions to be Observed by Clerks of Court in Ordinary
and Cadastral Land Registration Cases
i. Form prescribed by PD 1529
ii. Name of spouse
iii. File in triplicate; furnish Director of Lands a copy before filing

iv. Accompanied by the ff documents:

1. Original plan in tracing cloth or Diazo Polyester film
2. White or blue print copies
3. Technical descriptions certified by Regional Technical
Director
4. Geodetic Engineers Certificate
5. Assessors certificate of the assessed value or affidavit of
3 witness on the market value of the land
6. All documents that prove ownership
c. LRA Circular 05-2000
i. Original tracing cloth plan attached to the original record and
retained by the court where it may be marked and formally
offered in evidence; only forward certified copy to the LRA
d. Non-resident Applicant (Sec 16)
i. Designate agent or representative or attorney-in-fact with
address in the PH (Sec 24, 132 ROC)
ii. If agent dies or leaves the PH, make another appointment for
the substitute failure = dismissal
2. What and where to file (Sec 17)
a. Filed with the RTC
i. Recall 2 exceptions for MTCs: lot not subject of controversy or
value does not exceed 100K
ii. Appeal to CA
iii. Application must be accompanied by a survey plan approved
by Director of Lands
b. Single application for 2 or more parcels (Sec 18)
i. As long as lots are situated in the same province/city; court
may order striking out of one or more parcels or sever the
application
3. Amendments (Sec 19)
a. Joinder, substitution or discontinuance may be allowed at any stage
upon just and reasonable terms
b. Substantial change in boundaries or increase in area publication and
notice as in original application
a. Why? Publication=jurisdictional
(Sec 20) When land applied for borders on road
o State whether or not applicant claims any and what portion within the
limits of the way or road and whether applicant desires to have the line
of the way or road determined
Limitations on the registered owners title
o GR: free from all encumbrances
E: those noted in the CT or those enumerated in the law (public
highways or private ways; government irrigation, canals or lateral;
lands intended for public use)
(Sec 21) Requirement of additional facts and papers; ocular inspection
o Basis: duty to determine propriety of the application and to ensure CT
will not conflict with valid and existing CT

May require DENR, LRA and other government agencies to submit

report

4. Dealings with land pending original registration (Sec 22)

a. Interested party shall present to the court pertinent instruments
with subdivision plan approved by Director court, after notice to
the parties, to order registration subject to the conveyance or
encumbrance or order registration in the name of the person to
whom the property has been conveyed
b. No need for amendment of application
i. Mendoza v. CA (1978)
5. Cases

Benin v. Tuason, 1974 (p. 151)

o CT null and void insofar as it concerns the land or lands over
which the registration court had not acquired jurisdiction

B. PUBLICATION, OPPOSITION AND DEFAULT

1. Notice of initial hearing, publication, etc. (Sec 23)
a. Within 5 days after filing, issue order setting date and hour of initial
hearing which shall not be earlier than 45 days nor later than 90 days
from date of order
b. Notice to public (page 157)
All 3 notices mandatory why? To strengthen the Torrens system;
constructive seizure of the land

i. Publication
LRA to publish once in OG and once in newspaper, but OG
publication sufficient to confer jurisdiction but without
publication in newspaper, court cannot validly confirm
and register title why? Due process
notice addressed to all person appearing to have interest
in the land and to all whom it may concern require
appearance in court
Application must contain a PLAN of the land, DESCRIPTION and
NOTIFICATION to all who have interest notice published in OG
Purpose of publication
o Confer jurisdiction in rem proceeding
o Apprise the whole world they may assert rights or oppose the
application
Non-compliance = dismiss without prejudice
o Director of Lands v. CA and Abistado: there is still a need of
publication in a newspaper of general circulation to comply with the
requirements of due process
Lack of personal notice does NOT vitiate proceedings
Additional area = new publication
Effect of NONE or DEFECTIVE publication

o
o

No publication of initial hearing no jurisdiction void decision

Mere defect no jurisdiction void decision

ii. Mailing
To persons named in the application within 7 days after
publication in OG of the initial hearing
To Sec of DPWH and Governor/Mayor if applicant requests
to have the line of public way or road determined
To Sec of DAR, OSG, Director of Lands, Director of PWH,
Director of Forest Development, Director of Mines and
Director of BFAR if land borders on river, navigable stream
or shore or on an arm of the sea or lake or if a tenant of
the Government may have an adverse claim
OSG why? Regalian doctrine As principal law officer and legal
defender of the government, represent the government in case it
wants to oppose; no other officer can exercise such function
iii. Posting
By sheriff or deputy in a conspicuous place on each parcel
of land included in the application and on a bulletin board
of the municipal/city building at least 14days before initial
hearing.
(Sec 24) Proof of publication and notice
o Certification of the Commissioner of LRA and the sheriff filed
before initial hearing conclusive proof
2. Registration proceeding a proceeding in rem
3. Purpose of publication
a. To confer jurisdiction upon the court
b. To apprise the whole world of the pending registration case
4. Opposition (Sec25)
a. Requisites
i. Oppositor must have interest in the land
ii. State grounds and nature of claimed interest
Nature of interest: based on right of dominion or other real
right; as long as you appear to have interest, even if you
cannot show title
Claim of ownership = partys manifest intention to take over
land, regardless of title or right
iii. Indicate desired relief
iv. Signed and sworn to by him or representative
Unverified opposition SUFFICIENT to confer standing in
court to oppositors verify later on, especially if applicant
fails to invoke said requirement seasonably (deemed waived)
b. Failure to file opposition, effect of
All allegations contained in the application deemed
confessed by reason of the absence of denial
Question the validity of registration within 1 year after
issuance of CT

i. Persons deemed to have legal standing to file opposition

a. Homesteader who has not yet been issued his title but
has fulfilled all the conditions required by law for the
issuance of patent
b. Purchaser of friar land who is deemed to have an
equitable title to the land even before the issuance of the
patent
c. Awardee in a sales application who, by virtue of the
award, is authorized to take possession of the land to
enable him to comply with the requirements for the
issuance of patent
d. Person claiming to be in possession of the land and has
applied with the LMB for its purchase
Mere public land applicant by filing application with
LMB, he recognized the character of the land as public
land and not as private property
ii. Private persons may not file opposition for the government
Because land belongs to the government
Foreshore lessee has no personality as oppositor since his
right is predicated upon the property which is part of the
public domain
c. Opposition by government
SolGen has full control of the conduct of the proceedings
ii. Absence of opposition by the government does not justify
outright registration
Courts may still deny if facts presented did not show that
petitioner is the owner in fee simple
iii. Hearing necessary to determine validity of ownership claim
Sec 1, Rule 131 ROC: each party must prove his own
affirmative allegations by the amount of evidence
required by law to obtain a favorable judgment
Court may refer case to a REFEREE
Even without opposition, court has to receive evidence
iv. Failure to appear on the day of initial hearing is not a ground for
default where opposition or answer had been filed
Answer or opposition based on substantial grounds
v. Government may appeal despite failure of agency to file
opposition
Not estopped by mistake of agents
5. Motion to dismiss based on res judicata proper in a registration
proceeding
Not expressly provided under Property Registration Decree but ROC
applies suppletorily
2 concepts of res judicata
a. Bar by former judgment
a)
Former judgment or order was final
b)
Judgment on the merits
c)
Rendered by a court of competent jurisdiction
d)
Identity of parties, subject matter and causes of action

b. Conclusiveness of judgment
a)
Where no identity of causes of action but only identity of
issues exists
Nature of opposition: answer with counterclaim

Valisno v. Plan: identity of causes of action between accion

reivindicatoria and registration
a. Defense of res judicata may be waived if not set up in a motion to dismiss
or in answer
6. Submission of subdivision plan (discretion of registration court)
a. Must be duly approved by the Director of Lands
i. If opposing claim covers only a portion of the lot applied for
which is not delimited on the plan accompanying the application
ii. In case of undivided co-ownership, conflicting claims of
ownership or overlapping of boundaries
7. Order of default (Sec 26)
a. When entered
i. No person appears and answers within the time allowed
ii. Upon motion of applicant
iii. Applicant required to present evidence after order is issued
Order of general default addressed to the whole world
Order of special default if an answer is filed, only the
person who did not file will be declared in default
b. Motion to lift order of general default
i. Order of general default = interlocutory subject to the control of
the court and may be modified at any time prior to the rendition
of the judgment
ii. Motion to lift must be filed BEFORE ENTRY of final judgment
considered with liberality
c. Party in default can appeal judgment of default
i. Ground: plaintiff failed to prove the material allegations of the
complaint or decision is contrary to law
d. Government not estopped by the mistake or error of its agents
8. Cases/Statutes

Republic v. Manna Properties, GR No. 146527, Jan. 31, 2005

Director, LMB v. Court of Appeals, GR No. 112567, Feb. 7, 2000
Republic v. Tiotioen, GR No. 167215, Oct. 8, 2008
Director of Lands v. Agustin, 42 Phil. 227
Regalado v. Republic, GR No. 168155, Feb. 15, 2007
Secs. 23, 24 and 27, PD No. 1529

C. HEARING, JUDGMENT AND DECREE OF REGISTRATION

1. Speedy hearing; reference to a referee (Sec 27)

2.
3.

a. All proceedings to be disposed of within 90 days from the date the

case is submitted for decision
b. Court may refer to a referee to hear the parties and their evidence;
who shall submit report within 15 days from termination of such
hearing

Hearing may be held at any convenient place within the

province or city

Notice served upon the parties

c. Court may render judgment in accordance with the report

Court may accept report; set it aside in whole or in part; or order

case to be recommitted
Hearing
o Referee usually the branch clerk of court
o RTC or MTC in proper cases
Proof required
o The burden is on applicant to prove his positive averments and not for
the government or the private oppositors to establish a negative
proposition.
Capacity to acquire lands is determined at the time of its acquisition
and not registration
Cases/Statutes
Director of Lands v. Intermediate Appellate Court and
Espartinez, GR No. 70825, March 11, 1991
Republic v. TA.N Properties, Inc., G.R. No. 154953, June 26,
2008
Gaerlan v. Republic, GR No. GR No. 192717, March 12, 2014
Republic v. Castuera, GR No. 203384, Jan. 14, 2015
Tan v. Republic, GR No. 177797, Dec. 4, 2008
Intestate Estate of the late Don Mariano San Pedro y Esteban
v. Court of Appeals, 103727. December 18, 1996
Del Rosario v. Limcaoco, GR No. 177392, Nov. 26, 2012
Beumer v. Amores, GR No. 195670, Dec. 3, 2012
Secs. 7 and 8, Art. XII, Constitution
Citizenship requirement

1. Only Filipino citizens qualified

i.
Krivenko Doctrine: aliens disqualified from acquiring public and
private lands
Reiterated in Ong Ching Po: The capacity to acquire private
land is made dependent upon the capacity to acquire or hold
lands of the public domain.
Non-Filipinos can acquire by legal succession
Prohibition only applies to LAND, not improvements
ii.
Prohibition is a declaration of imperative national policy
Sec 7, Art. XII of the Constitution

iii.

iv.

v.

vi.
vii.

Sec 122, CA 141: if transferred by judicial decree to persons not

legally capacitated, they shall be obliged to alienate lands or
improvements to others so capacitated within 5 years, otherwise
property will revert to the government
But a natural-born Filipino citizen who has lost his citizenship
may be a transferee of private land subject to limitations
prescribed by law
Sec 8, Art. XII
Sec 10, RA 7042 as amended: any natural-born citizen who has
the legal capacity to enter into a contract may be a transferee of
a private land up to a maximum area of 5000sqm (urban land)
or 3ha (rural land) to be used for business or other purposes
o Married couples total for both should not exceed the
maximum
o Person already owns urban or rural land existing plus
additional (transferred) should not exceed the maximum
o Re-acquisition of PH citizenship under RA 9225:
Since under this law, PH citizens who have become
citizens of another country shall be deemed not to have
lost their PH citizenship under the conditions of this law
(they reacquired citizenship by taking oath), and are
granted the right to enjoy full civil and political rights
upon the reacquisition of citizenship, the area limitation
no longer applies.
Capacity to own land is determined as of the time of its acquisition and
not registration
Republic v. Lapia: couple bought land from a Filipino but
couple only registered when they were already Canadian citizens
lots were already private lands when acquired by the couple
(vendor satisfied the requisite period and character of
possession) valid transfer, registration proper
Aliens may lease private lands
Reasonable period and/or option to buy real property on
condition that he is granted a PH citizenship
INVALID alien is given a least and option to buy, by virtue of
which the Filipino owner cannot sell or dispose the property for
50 years virtual transfer of ownership is prohibited
Foreigners allowed to purchase condominium units/ townhouses
RA 4726: Ownership of land is legally separated from the unit
itself
Donation in favor of an unregistered religious corporation controlled by
non-Filipinos NOT registrable
No exception in favor of religious associations (held by trustees
of foreign nationality); no violation of freedom of religion since
ownership is not indispensable to the free exercise and
enjoyment of religious profession or worship
Different from the case of Roman Catholic Administrator of
Davao: registered corporation sole of no nationality and

registered mainly to administer the temporalities and manage

the properties belonging to the church
viii.
A corporation sole may acquire and register private agricultural land
Prohibition against private corporations acquiring public lands
does not apply because the corporation sole has no nationality
and it is not the owner of the properties but merely the
administrator.
ix.
Filipino vendor CANNOT recover land sold to an alien
GR: in pari delicto doctrine
Exceptions (Philippine Banking Corporation v. Lui She):
o original parties guilty of a violation have died and have
been substituted by their administrators;
o when agreement is not illegal per se but merely
prohibited and the prohibition is designed for the
protection of the plaintiff, he may, if public policy
(preserve lands for Filipinos) is enhanced, recover what he
has paid or delivered
Borromeo v. Descallar: if land is invalidly transferred to an
alien who subsequently becomes a Filipino citizen or transfers it
to a Filipino, the flaw in the original transaction is considered
cured and the title of the transferee is rendered valid
x.
RULE RESTATED
The following may acquire private lands:
o Filipino citizens
o Filipino corporations and associations defined in Sec 2,
Art. XII and by exception
o Aliens, only by hereditary succession
o Natural-born citizen who has lost citizenship under Sec 8
xi.
Cases
Beumer v. Amores: Dutch national married Filipina and bought
land in the Philippines; upon dissolution, the Court ruled that
petitioner cannot be reimbursed for the price paid on the land;
no unjust enrichment since the act was proscribed by the
Constitution
2. Cases/Statutes

Republic v. Court of Appeals and GR No. 108998, Aug. 24,1994

Galano v. Roxas, GR No. L-31241, Sept. 12, 1975

Top Management Programs Corp. v. Fajardo, GR No.150462, June 15,

2011
Secs. 7 and 8, Art. XII, Constitution

BP Blg. 185, dated March 16, 1982 (An Act to Implement

Section Fifteen of Article XIV of the Constitution)

RA No. 7042, as amended by RA No. 8179 (Foreign Investments Act

of 1991

RA No. 9225 (Citizenship Retention and Re-acquisition Act)

RA No. 4726 (Condominium Act)