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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

Steps in cadastral
Proceeding

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

Filing of Petition for


Registration

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

Filing of Answer

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

Jurisdiction of Cadastral Courts


on Registered Lands

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

Cadastral Proceedings versus


Ordinary Registration
Proceedings

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
Government does
to own the land,
not assert
seeks
ownership,
confirmation of his provokes the issue
title
for settlement and
adjudication of the
title

Cadastral Proceedings versus


Ordinary Registration
Proceedings

Ordinary
Registration
Procedure

Cadastral
Procedure

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

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