JUDICIAL PROCEDURE FOR LAND TITLING
Reporter: Jocelyn Reporter: Jocelyn M. Magaway
Land Title is the evidence of the of the owner’s right or extent of interest, of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property. of property. Land registration is a judicial or administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may thereof may be recorded in a public registry. Torrens System is a system of registration of registration of land of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a of a certificate of title. of title. Laws implementing land registration 1. Property Registration Decree (PD 1529, as amended) 2. Cadastral Act (Act 2259, as amended) 3. Public Land Act (Commonwealth Act 141, as amended) 4. Emancipation Decree (PD 27, as amended) 5. Comprehensive Agrarian Reform Law of 1988 of 1988 (RA 6657, as amended) Kinds of Judicial of Judicial Registration 1. Judicial/Voluntary/Ordinary Judicial/Voluntary/Ordinary – – by filing with the proper court; application by the private individual himself 2. Administrative/Involuntary/Cadastral Administrative/Involuntary/Cadastral – – compulsory registration initiated by the government Procedure in Ordinary Land Registration 1. Survey of the of the land by the Bureau of Lands of Lands or a duly licensed private surveyor a.
Survey plan must be duly approved by the Director of Lands. of Lands.
2. Filing of application of application for registration by the applicant a.
With all muniments1 of titles of titles and copies thereof with thereof with survey plan approved by the Bureau of Lands of Lands
b. Always filed at the Regional Trial Court (RTC) of the of the place where the land is situated c.
Indorsed to the Municipal Trial Court (MTC) if there if there is no controversy over the land or if its value is less than P100,000
d. In cases of delegated of delegated jurisdiction jurisdiction to the MTC, appeal is directed to the Court of Appeals of Appeals e. If land If land is situated between boundaries of two of two provinces, application must be filed:
1
Muniments of Title of Title are instruments or written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate.
i. When boundaries are not defined; in the RTC of the place where it is declared for taxation purposes; ii. When boundaries are defined; separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC 3. Setting the date of initial hearing of application by the RTC a.
Within 5 days, set hearing 45‐90 days from date of order
4. Transmittal of the application and the date of the initial hearing, with all the documents or other evidences thereto, by the Clerk of Court to the Land Registration Authority (LRA) 5. Publication of notice of the filing of the application and the date and place of hearing in the Official Gazette. The three notices required are mandatory. a.
Publication2 of notice of initial hearing i. Once in the Official Gazette – this confers jurisdiction upon the court ii. Once in a newspaper of general circulation
b. Mailing – within seven days after publication in the Official Gazette, mailing of notice to: i. Persons named in the notice ii. Secretary of Public Highways, Provincial Governor and Mayor, if the applicant requests to have the line of a public way or road determined iii. Secretary of Agrarian Reform, Solicitor General, Director of Lands, Director of Fisheries, Director of Mines, if the land borders on a river, navigable stream or shore or an arm of the sea where a river or harbor lies iv. Other persons as the court may deem proper c.
Posting in conspicuous place on subject land and on bulletin board of municipal building at least 14 days before initial hearing
6. Service of notice by the sheriff upon contiguous owners, occupants and those known to have interests in the property 7. Filing of answer to the application by any person named in the notice or not 8. Hearing by the court 9. Promulgation of judgment by the court 10. Issuance of the decree declaring the decision final and instructing the Land Registration Authority to issue a decree3 of confirmation and registration 11. Entry of the decree of registration in the LRA a.
One year after the date of entry, it becomes incontrovertible and amendments will not be allowed except clerical errors. It is deemed conclusive as to the whole world.
b. Puts an end to litigation. c.
Purpose of Torrens system is protected
12. Sending a copy of the decree of registration to the corresponding Registry of Deeds 2
Purpose of publication: To confer jurisdiction over the land applied for upon the court To charge the whole world with knowledge of the application of the land involved, and invite them to take part in the case and assert and prove their rights over the subject land. 3 Decree – issued by the LRA after finality of judgment; contains technical description of land.
13. Transcription of the decree of registration in the registration book and issuance of the owner’s duplicate Original Certificate of Title (OCT) the applicant by the Registry of Deeds upon payment of prescribed fees. Who may apply in ordinary registration proceedings under PD 1529: 1. Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim of ownership since June 12, 1945 or earlier 2. Those who acquired ownership of private land by prescription 3. Those who acquired ownership of private lands by right of accretion 4. Those who acquired ownership in any manner provided for by law Form and Contents of Application 1. In writing and signed by applicant or person duly authorized 2. Description of land 3. Citizenship 4. Civil Status 5. Full names and address of occupants and adjoining owners What to accompany application 1. Tracing cloth plan duly approved by the Director of Lands 2. Three copies of technical descriptions 3. Three copies of surveyor’s certificate 4. All original muniments of title 5. Four copies of certificate by city/provincial treasurer of assessed value of land Procedures in Cadastral Registration 1. Cadastral Survey a.
In opinion of the Philippine President pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated
b. Order Director of Lands to make survey and plan c.
Director gives notice to persons claiming interest in lands and to general public of day of survey – published in the Official Gazette and posted in conspicuous place on lands to be surveyed
d. Geodetic engineers commences survey e. During survey, boundaries are marked by monuments. 2. Filing of petition a.
After survey and plot have been made, Director represented by Solicitor General institutes cadastral proceeding by filing petition in court against holders, claimants, possessors, occupants
b. Parcel of lots given their cadastral numbers
3. Publication of notice of hearing a.
Court to order date of hearing
b. LRA to notify public by publishing notice once in the Official Gazette and once in the newspaper of general circulation and copy mailed to person whose address is known and other copies posted in conspicuous place designated by law 4. Filing of answer a.
Any person claiming interest in any part of lands subject to petition is required to file an answer
b. Answer must give the following details: i. Age of claimant ii. Cadastral number of lot claimed iii. Name of barrio or municipality where lot is located iv. Name of owners of adjoining lots v. If in possession and without grant – number of years in possession vi. If not in possession – state interest claimed vii. If assessed of taxation – assessed value viii. Any encumbrances affecting said lots 5. Hearing of case a.
In any convenient place where land lies
b. Like an ordinary RTC trial c.
Conflicting claims are determined
d. Lots claimed are awarded to persons entities – if they could prove title e. If none could prove title – land is declared public domain 6. Decision – claimants are notified of decision 7. Issuance of decree and certificate of title a.
Upon order of the court, LRA to enter decree of registration
b. Decree made basis for the issuance of Original Certificate of Title
Nature Applicant Lands covered
PD 1529 Voluntary Landowner Usually involves private land It may also refer to public agricultural lands if the object of the action is confirmation of imperfect title Applicant and opponent
Cadastral Compulsory Director of Lands All classes of lands are included
Parties
Purpose
Person who requests the survey Effect of judgment
Petitioner comes to court to confirm his title and seeks the registration of land in his name Landowner No adverse claim If the applicant fails to prove his title, his application may be dismissed without prejudice (no res judicata)
Government, land owners must come to court as claimants of their own lands Government asks the court to settle and adjudicate the title of the land Government If none of the applicants can prove that he is entitled to the land, the same shall be declared public (res judicata)
