Professional Documents
Culture Documents
The principal aim is to settle as much as possible all disputes over land
and to remove all clouds over land titles, as far as practicable in a community.
a. Official Gazette
b. Posting in the place indicated
c. Notice will be sent to the municipal mayor, barangay captain,
sangguniang panlalawigan and sangguniang bayan concerned.
NOTE: Sec. 35 par. (c) It shall be lawful for such Geodetic Engineers and other
employees to enter upon the lands whenever necessary for the purposes of such
survey or the placing of monuments.
NOTE: Sec. 35 par. (d) – DUTY OF CLAIMAINT WHO HAS INTEREST OVER
SUBJECT LAND. – It shall be the duty of every person claiming an interest in
the lands to be surveyed, or in any parcel thereof, to communicate with the
Geodetic Engineer upon his request therefore all information possessed by such
person concerning the boundary lines of any land to which he claims title or in
which he claim any interest.
NOTE: Sec. 35 par. (e) – ACTS PUNISHABLE – The following acts are
punishable by a fine of not more than one thousand pesos or by imprisonment
for not more than one year or both:
a.) Shall willfully obstruct the making of any survey undertaken by the
Bureau of Lands or by a licensed Geodetic Engineer duly authorized
to conduct the survey under this section;
b.) Shall maliciously interfere with the placing of any monument or
remove such monument; and
c.) Shall destroy or remove any notice of survey posted on the land
pursuant to law
4. Sec. 36 – When the lands have been surveyed or plotted, the Director of Lands,
represented by the Solicitor General, shall institute original registration
proceedings by filing the necessary petition in the regional trial court of the
place where the land is situated against the holders, claimants or possessors or
occupants of such lands or any part thereof, stating that public interest
requires that the title to such lands be settled and adjudicated and praying that
such titles be so settled and adjudicated.
1. The answer shall be signed and sworn to (a) by the claimant; or (b) by some
authorized person in his behalf.
2. The answer shall state whether the claimant is married or unmarried and if
married, the name of the spouse and the date of marriage, his nationality,
residence and postal address.
3. The answer shall also contain:
a.) The age of the claimant;
b.) The cadastral number of the lot or lots claimed as appearing on the
plan filed in the case by the Director of Lands, or the block and lot
numbers, as the case may be;
c.) The name of the barrio and municipality in which the lots are
situated;
d.) The names and addresses of the owners of the adjoining lots so far as
known to the claimant;
e.) If the claimant is in possession of the lots claimed and can show no
express grant of the land by the government to him or to his
predecessors-in-interest, the answer shall state the length of time he
has held such possession and the manner in which it has been
acquired, and shall also state the length of time, as far as known,
during which the predecessors, if any, held possession
f.) If the claimant is not in possession or occupation of the land, the
answer shall fully set forth the interest claimed by him and the time
and manner of his acquisition;
g.) If the lots have been assessed for taxation, their last assessed value;
and
h.) The encumbrances, if any, affecting the lots and the names of the
adverse claimants, as far as known.
NOTE: Sec. 38 – Hearing - The trial of the case may occur at any convenient
place within the province in which the lands are situated and shall be
conducted, and orders for default and confessions entered, in the same manner
as in ordinary land registration proceedings and shall be governed by the same
rules.
1. After the judgment directing the registration of title to land has become
final :
G.R. – Earlier Date prevails or Person holding under the prior certificate is
entitled to the land as against the adverse claimant
A certificate of title indicates the true and legal ownership of the registered
owners over the land. A tax declaration cannot defeat a certificate of title
issued under the Torrens system.
The principle of indefeasibility of a Torrens title does not apply where fraud
attended the issuance of the title.
1. Upon receipt by the Register of Deeds of the original and duplicate copies
of the original certificate of title the same shall be :
NOTE: (Sec. 40) Said Certificate of title shall take effect upon the date of
entry thereof.
Title to real property refers to that upon which ownership is based. It is the
evidence of the right of the owner or the extent of his interest, by which
means he can maintain control and, as a rule assert right to exclusive
possession and enjoyment of property.