Procedure: (discussion)

Jurisdiction = RTC
Venue = where the property is located
File the petition Clerk of Court this petition will be raffled to the branch assigned to that
particular jurisdiction
Take note of the non-registrable properties and the qualifications of those who may inherit
the property
Revisit Sec. 14, PD 1529 modes of acquiring title over the property
o Sec. 14 (1) OCENCO
o Sec. 14 (2) acquisitive prescription
Petition should be in writing
File with the Clerk of Court
o In Manila, file it with LRA LRA will be the one who will transmit it to the Land Reg
Court
If the Court find the petition sufficient in form and in substance, an Order will be issued by
the Court, directing the LRA to issue Notice of Hearing (what is peculiar in the Notice of
Hearing is the period)
o Notice of Hearing invites all the people who may have claims or interests over the
property to appear on the specified date indicated in the NoH
o Hearing should not be set within a period not less than 45 days, but not more than
90 days
o The public shall be given notice of the initial hearing of the application for land
registration by means of :
(1)Publication
Commissioner of Land Registration shall cause notice of initial hearing to be
published
once in the Official Gazette
once in a newspaper of general circulation in the Philippines
Publication in the Official Gazette - sufficient to confer jurisdiction upon the
court
Addressed to all persons appearing to have an interest in the land involved
including the adjoining owners so far as known
"to all whom it may concern"
shall also require all persons concerned to appear in court at a certain date and
time to show cause why the prayer of said application shall not be granted.
OG acquiring jurisdiction
OG + newspaper application (confirmation of title)
Publication in the newspaper is necessary because not everyone reads the OG,
and not all have access to OG
(2)Mailing
a) Mailing to persons named in the application/those who have interest,
adjoining owners
Within 7 days after publication in OG
b) Mailing to the Secretary of Public H-way, Governor & Mayor
If applicant requests to have have the line of a public way or road
determined

c) Mailing to the Secretary of Agrarian Reform, Solicitor General, Director of

(3)Posting
The Commissioner of Land Registration shall also cause the notice of initial
hearing to be posted by the sheriff of the province or city, or by his deputy
in a conspicuous place on each parcel of land included in the application
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
In practice, in the bulletin board of the RTC OCC because that is where the
people file
14 days at least before the date of initial hearing
o If not complied defective; need of new NoH
o The court may also cause notice to be served to such other persons and in such
manner as it may deem proper.
o Notice should provide:
Accurate time & date
Place hearing
Technical description of the property
Prior to the trial, while waiting for the date of the hearing, any person who might have
opposition, may file their oppoistion
Assuming that they were not able to file their opposition during the said
waiting period, they may raise their opposition during the hearing they are
not barred
But it is being encouraged to be filed before the trial in order for the claims
& defenses to be part of the records
Opposition treated like an answer
No oppositor Court issue an Order of General Default Ex Parte
presentation of evidence
If there is an oppositor it will be a Trial on the Merits (presentation of
evidence)
TRIAL
Documents that should be presented as proof of evidence attached in the petition:
1. Tracing cloth plan duly approved by the Director of Lands
2. 3 copies of technical descriptions
3. 3 copies of surveyors certificate
4. All original muniments of title
5. 4 copies of certificate by city/provincial treasurer of assessed value of land
6. Cert from DENR A & D
o tax declarations not a conclusive proof, but an indicia of possession

o tracing cloth mandatory except if there is a blueprint duly approved by the Director
of Lands (substantial compliance); necessary because the court would want to
ascertain that the registration will not affect other properties
If the Court is satisfied that the claimant is entitled to the title
Court will issue Decree of Registration
o Decree of Registration will indicate TCT #, Tech description, Specific date &
time it was entered, name of the owner
o Date & time necessary because of the Prior Right of Registration
Question: Kat, married to XXXX,

Presumption: forms part of conjugal property (may be overturned by evidence)

Merely descriptive terms

Must always prove (in any instances)

AMENDMENTS
Amendments to the application including joinder, substitution, or discontinuance as to
parties
may be allowed by the court at any stage of the proceedings upon just and
reasonable terms.
Technical Amendments which shall consist in a substantial change in the boundaries or an
increase in area of the land applied for or which involve the inclusion of an additional land
shall be subject to the same requirements of publication and notice as in an original
application.
DECREE issued by land registration authority containing technical description of land;
issuedafter finality of judgment
1. Decrees dismissing application
2. Decrees of confirmation and registration
Final after 1 year after decree
Unless there in innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack, deemed conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected
Amendment after 1 year is allowed creation or extinguishment of new rights;
inclusion of new owners not allowed
JUDGMENT decision of court constituting its opinion after taking into consideration
theevidence submitted
WRIT OF POSSESSION order to sheriff to deliver the land to the successful party litigant;
no prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
WHEN WRIT MAY NOT ISSUE:
Person entered into property after decree- non claimant; had been there for 10 years
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer

3. Accion publiciana
4. Accion reindivicatoria
RES JUDICATA:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:
Within the 1-year period (not yet recorded in the books):
1) Appeal
must be brought 15 days from notice of judgment
2) Motion for New Trial
must be brought within 15 days from notice of judgment
Requisites:
a. FAMEN
b. Newly discovered evidence which could not be discovered & produced at trial
c. It has the possibility of changing the outcome of the case
Affidavit is necessary to ensure that the affiant will be liable (perjury)
3) Relief from judgment
60 days 6 months after entry of order; available to party to case, FAME; after
judgment; person deprived of right is party to case
After 1 year:
1) Annulment of Judgment
2) Reconveyance
Null & void docs imprescriptible because no right is transferred
Fraud 4 years from discovery
Implied/Constructive Trust - 10 yrs bec. There is obligation
3) Quieting of Title
Preventive remove cloud in the title
Future predict that it may have cloud in the future
4) Damages
a. Person is wrongfully deprived of his land by registration in name of another
actual or constructive fraud
b. No negligence on his part
c. Barred/ precluded from bringing an action
d. Action for compensation has not prescribed