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Land Titles and Deeds

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 ?