1. It is necessary that the notice of initial hearing for the land
application be published.
What is the purpose of this publication?
a. To confer jurisdiction over the land applied for upon the court b. To charge the whole world with knowledge of the application of the land involved
Where are you supposed to publish?
Publication of the Notice of Initial Hearing must be published in the Official Gazette and in a newspaper of general circulation in the Philippines which shall indicate among other things the description of a bigger lot which includes the lands subject of registration.
Aside from publication this notice of hearing shall also be
posted by the sheriff of the court, where should the same be posted? The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated, fourteen days at least before the date of initial hearing.
2. Who can oppose the application ?
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 time as may be allowed by the court.
And what should be alleged in the answer or opposition?
The opposition shall state all the objections to the application, the interest claimed by the party filing the same, and apply for the remedy desired; it shall be signed and sworn to by the oppositor or by some other duly authorized person.
3. If one fails to answer what will be the move of the applicant?
If no person appears and answers within time prescribed, the applicant may file a motion to declare general or special default on whichever case may be applicable.
4. What is meant by order of general default?
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.
5. What are the evidence you are supposed to present to support
your application? Evidence - The applicant must prove: a. that the land applied for has been declassified from the forest or timber zone and is a public agricultural land, is alienable and disposable, or otherwise capable of registration. NOTE: Specific evidence a) Presidential proclamation b) Executive Order c) Administrative Order issued by the Secretary of DENR d) Bureau of Forest Development Land Classification Map e) Certification by Director of Forestry f) Investigation reports of Bureau of Lands investigator g) Legislative act or by statute
b. The identity of the land
NOTE: Proof of Identity of land a) Survey plan in general b) Tracing cloth plan and blue print copies of plan c) Technical description of the land d) Tax declarations e) Boundaries and area
c. Possession and occupation of the land for the length of time
and in the manner required by law
6. Make a simple application for land registration with the
corresponding annexes to support the application.
Agrarian Law 1. What are the factors in the evaluation of the property appropriated as ruled by the Supreme Court in Republic vs. Lichauco (14 SCRA 682)
2. In the case of Association of Small Landowners vs. Secretary
of Agrarian Reform(175 SCRA 343) what is the meaning of just Compensation. Abd what are the criteria for determining just compensation.
3. When must just compensation be paid as cited in the case of
Land Bank vs, Court of Appeals, 249 SCRA 149?
4. Are Landowners entitled to recover interest from the time of
taking, (Republic vs. Tayengco 19 SCRA 898?
5. What is a landless resident under our laws?
6. Who are entitled to be beneficiaries of the lands under the
constitution?
7. What must a claimant show in order to be entitled to be a
beneficiary of the agrarian reform program. 8. If a person enters upon the lands of another without any agreement with the landowner, is he entitled to claim the land as a beneficiary of agrarian reform?
9. What is the status of awards made to beneficiaries who have
been issued titles (Emancipation Patents) under Executive Order 228 where the landowner was not notified nor paid just compensation?
10.What are the remedies of the landowners where titles has
been issued without the observance of the legal requirements ?