Republic of the Philippines The oppositions filed by the Republic of the Philippines and private

SUPREME COURT oppositor are hereby dismissed for want of evidence.

Manila
Upon the finality of this decision and payment of the corresponding
THIRD DIVISION taxes due on this land, let an order for the issuance of a decree be
issued.

The Facts
G.R. No. 102858 July 28, 1997
On December 8, 1986, Private Respondent Teodoro Abistado filed a petition
THE DIRECTOR OF LANDS, petitioner, for original registration of his title over 648 square meters of land under
vs. Presidential Decree (PD) No. 1529. The application was docketed as Land
5

COURT OF APPEALS and TEODORO ABISTADO, substituted by Registration Case (LRC) No. 86 and assigned to Branch 44 of the Regional
MARGARITA, MARISSA, MARIBEL, ARNOLD and MARY ANN, all Trial Court of Mamburao, Occidental Mindoro. However, during the
6

surnamed ABISTO, respondents. pendency of his petition, applicant died. Hence, his heirs — Margarita,
Marissa, Maribel, Arnold and Mary Ann, all surnamed Abistado —
represented by their aunt Josefa Abistado, who was appointed their
guardian ad litem, were substituted as applicants.
PANGANIBAN, J.:
The land registration court in its decision dated June 13, 1989 dismissed the
Is newspaper publication of the notice of initial hearing in an original land petition "for want of jurisdiction." However, it found that the applicants
registration case mandatory or directory? through their predecessors-in-interest had been in open, continuous,
exclusive and peaceful possession of the subject land since 1938.
Statement of the Case
In dismissing the petition, the trial court reasoned: 7

The Court of Appeals ruled that it was merely procedural and that the failure
to cause such publication did not deprive the trial court of its authority to . . . However, the Court noted that applicants failed to comply with
grant the application. But the Solicitor General disagreed and thus filed this the provisions of Section 23 (1) of PD 1529, requiring the Applicants
petition to set aside the Decision promulgated on July 3, 1991 and the
1 to publish the notice of Initial Hearing (Exh. "E") in a newspaper of
subsequent Resolution promulgated on November 19, 1991 by Respondent
2 general circulation in the Philippines. Exhibit "E" was only published
Court of Appeals in CA-G.R. CV No. 23719. The dispositive portion of the
3 in the Official Gazette (Exhibits "F" and "G"). Consequently, the
challenged Decision reads: 4 Court is of the well considered view that it has not legally acquired
jurisdiction over the instant application for want of compliance with
the mandatory provision requiring publication of the notice of initial
WHEREFORE, premises considered, the judgment of dismissal
hearing in a newspaper of general circulation.
appealed from is hereby set aside, and a new one entered
confirming the registration and title of applicant, Teodoro Abistado,
Filipino, a resident of Barangay 7, Poblacion Mamburao, Occidental The trial court also cited Ministry of Justice Opinion No. 48, Series of 1982,
Mindoro, now deceased and substituted by Margarita, Marissa, which in its pertinent portion provides: 8

Maribel, Arnold and Mary Ann, all surnamed Abistado, represented

by their aunt, Miss Josefa Abistado, Filipinos, residents of Poblacion It bears emphasis that the publication requirement under Section 23
Mamburao, Occidental Mindoro, to the parcel of land covered under [of PD 1529] has a two-fold purpose; the first, which is mentioned in
MSI (IV-A-8) 315-D located in Poblacion Mamburao, Occidental the provision of the aforequoted provision refers to publication in the
Mindoro. Official Gazette, and is jurisdictional; while the second, which is
mentioned in the opening clause of the same paragraph, refers to

Classification: Restricted
 publication not only in the Official Gazette but also in a newspaper of In reversing the decision of the trial court, Respondent Court of Appeals
general circulation, and is procedural. Neither one nor the other is ruled: 13

dispensable. As to the first, publication in the Official Gazette is

indispensably necessary because without it, the court would be . . . although the requirement of publication in the Official
powerless to assume jurisdiction over a particular land registration Gazette and in a newspaper of general circulation is couched in
case. As to the second, publication of the notice of initial hearing also mandatory terms, it cannot be gainsaid that the law also mandates
in a newspaper of general circulation is indispensably necessary as a with equal force that publication in the Official Gazette shall be
requirement of procedural due process; otherwise, any decision that sufficient to confer jurisdiction upon the court.
the court may promulgate in the case would be legally infirm.
Further, Respondent Court found that the oppositors were afforded the
Unsatisfied, private respondents appealed to Respondent Court of Appeals opportunity "to explain matters fully and present their side." Thus, it justified
which, as earlier explained, set aside the decision of the trial court and its disposition in this wise: 14

ordered the registration of the title in the name of Teodoro Abistado.

. . . We do not see how the lack of compliance with the required
The subsequent motion for reconsideration was denied in the challenged CA procedure prejudiced them in any way. Moreover, the other
Resolution dared November 19, 1991. requirements of: publication in the Official Gazette, personal notice
by mailing, and posting at the site and other conspicuous places,
The Director of Lands represented by the Solicitor General thus elevated this were complied with and these are sufficient to notify any party who is
recourse to us. This Court notes that the petitioner's counsel anchored his minded to make any objection of the application for registration.
petition on Rule 65. This is an error. His remedy should be based on Rule 45
because he is appealing a final disposition of the Court of Appeals. Hence, The Court's Ruling
we shall treat his petition as one for review under Rule 45, and not
for certiorari under Rule 65.9
We find for petitioner.

The Issue
Newspaper Publication Mandatory

Petitioner alleges that Respondent Court of Appeals committed "grave abuse

The pertinent part of Section 23 of Presidential Decree No. 1529 requiring
of discretion" in holding —
10
publication of the notice of initial hearing reads as follows:

. . . that publication of the petition for registration of title in LRC Case Sec. 23. Notice of initial hearing, publication, etc. — The court shall,
No. 86 need not be published in a newspaper of general circulation, within five days from filing of the application, issue an order setting
and in not dismissing LRC Case No. 86 for want of such publication. the date and hour of the initial hearing which shall not be earlier than
forty-five days nor later than ninety days from the date of the order.
Petitioner points out that under Section 23 of PD 1529, the notice of initial
hearing shall be "published both in the Official Gazette and in a newspaper of The public shall be given notice of initial hearing of the application for
general circulation." According to petitioner, publication in the Official Gazette land registration by means of (1) publication; (2) mailing; and (3)
is "necessary to confer jurisdiction upon the trial court, and . . . in . . . a
posting.
newspaper of general circulation to comply with the notice requirement of
due process." 11

1. By publication. —
Private respondents, on the other hand, contend that failure to comply with
the requirement of publication in a newspaper of general circulation is a mere Upon receipt of the order of the court setting the time for initial
"procedural defect." They add that publication in the Official Gazette is hearing, the Commissioner of Land Registration shall cause a notice
sufficient to confer jurisdiction.
12 of initial hearing to be published once in the Official Gazette and

Classification: Restricted
 once in a newspaper of general circulation in the through publication. This being so, the process must strictly be complied with.
Philippines: Provided, however, that the publication in the Official Otherwise, persons who may be interested or whose rights may be adversely
Gazette shall be sufficient to confer jurisdiction upon the court. Said affected would be barred from contesting an application which they had no
notice shall be addressed to all persons appearing to have an knowledge of. As has been ruled, a party as an owner seeking the inscription
interest in the land involved including the adjoining owners so far as of realty in the land registration court must prove by satisfactory and
known, and "to all whom it may concern." Said notice shall also conclusive evidence not only his ownership thereof but the identity of the
require all persons concerned to appear in court at a certain date same, for he is in the same situation as one who institutes an action for
and time to show cause why the prayer of said application shall not recovery of realty. He must prove his title against the whole world. This task,
18

be granted. which rests upon the applicant, can best be achieved when all persons
concerned — nay, "the whole world" — who have rights to or interests in the
xxx xxx xxx subject property are notified and effectively invited to come to court and show
cause why the application should not be granted. The elementary norms of
Admittedly, the above provision provides in clear and categorical terms that due process require that before the claimed property is taken from concerned
publication in the Official Gazette suffices to confer jurisdiction upon the land parties and registered in the name of the applicant, said parties must be
registration court. However, the question boils down to whether, absent any given notice and opportunity to oppose.
publication in a newspaper of general circulation, the land registration court
can validly confirm and register the title of private respondents. It may be asked why publication in a newspaper of general circulation should
be deemed mandatory when the law already requires notice by publication in
We answer this query in the negative. This answer is impelled by the the Official Gazette as well as by mailing and posting, all of which have
already been complied with in the case at hand. The reason is due process
demands of statutory construction and the due process rationale behind the
and the reality that the Official Gazette is not as widely read and circulated as
publication requirement.
newspapers and is oftentimes delayed in its circulation, such that the notices
published therein may not reach the interested parties on time, if at all.
The law used the term "shall" in prescribing the work to be done by the Additionally, such parties may not be owners of neighboring properties, and
Commissioner of Land Registration upon the latter's receipt of the court order may in fact not own any other real estate. In sum, the all-encompassing in
setting the time for initial hearing. The said word denotes an imperative and rem nature of land registration cases, the consequences of default orders
thus indicates the mandatory character of a statute. While concededly such
15
issued against the whole world and the objective of disseminating the notice
literal mandate is not an absolute rule in statutory construction, as its import in as wide a manner as possible demand a mandatory construction of the
ultimately depends upon its context in the entire provision, we hold that in the requirements for publication, mailing and posting.
present case the term must be understood in its normal mandatory meaning.
In Republic vs. Marasigan, the Court through Mr. Justice Hilario G. Davide,
16

Admittedly, there was failure to comply with the explicit publication

Jr. held that Section 23 of PD 1529 requires notice of the initial hearing by
requirement of the law. Private respondents did not proffer any excuse; even
means of (1) publication, (2) mailing and (3) posting, all of which must be
if they had, it would not have mattered because the statute itself allows no
complied with. "If the intention of the law were otherwise, said section would
not have stressed in detail the requirements of mailing of notices to all excuses. Ineludibly, this Court has no authority to dispense with such
persons named in the petition who, per Section 15 of the Decree, include mandatory requirement. The law is unambiguous and its rationale clear.
Time and again, this Court has declared that where the law speaks in clear
owners of adjoining properties, and occupants of the land." Indeed, if mailing
and categorical language, there is no room for interpretation, vacillation or
of notices is essential, then by parity of reasoning, publication in a
equivocation; there is room only for application. There is no alternative.
19
newspaper of general circulation is likewise imperative since the law included
Thus, the application for land registration filed by private respondents must
such requirement in its detailed provision.
be dismissed without prejudice to reapplication in the future, after all the legal
requisites shall have been duly complied with.
It should be noted further that land registration is a proceeding in
rem. Being in rem, such proceeding requires constructive seizure of the
17

WHEREFORE, the petition is GRANTED and the assailed Decision and

land as against all persons, including the state, who have rights to or
Resolution are REVERSED and SET ASIDE. The application of private
interests in the property. An in rem proceeding is validated essentially
respondent for land registration is DISMISSED without prejudice. No costs.

Classification: Restricted
SO ORDERED. 13 Ibid., p. 34; Decision, p. 6.

Davide, Jr., Melo and Francisco, JJ., concur. 14 Ibid.

Narvasa, C.J., is on leave. 15 Bersabal vs. Salvador, 84 SCRA 176, 179-180, July 21,
1978, citing Dizon vs. Encarnacion, 9 SCRA 714, 716-717,
Footnotes December 24, 1963.

1 Rollo, pp. 29-36. 16 198 SCRA 219, 227-228, June 6, 1991.

2 Ibid., p. 37. 17 Grey Alba vs. De la Cruz, 17 Phil. 49, September 16,
1910.
3 Seventh Division composed of Justice Celso L.
Magsino, ponente; and Justices Serafin E. Camilon, 18 Archbishop of Manila vs. Arnedo, 30 Phil. 593, March 31,
Chairman; and Artemon D. Luna, concurring. 1915.

4 Ibid., p. 35. 19 Cebu Portland Cement Company vs. Municipality of Naga,

Cebu, 24 SCRA 708, 712, August 22, 1968 citing Lizarraga
Hermanos vs. Yap Tico, 24 Phil. 504, 1913; People vs. Mapa,
5 Known as the Property Registration Decree.
L-22301, August 30, 1967; Pacific Oxygen and Acetylene Co.
vs. Central Bank, L-21881, March 1, 1968; Dequito vs.
6 Presided by Judge Niovady M. Martin. Lopez, L-27757, March 28, 1968.

7 Rollo, p. 41.

8 Ibid., pp. 41-42.

9 The Solicitor General asked for and was granted an

extension of 30 days within which to file a "petition for review
on certiorari." It is thus strange why the OSG described its
petition as one "for certiorari under Rule 65 of the Rules of
Court." In any event, the Court, in its Resolution dated March
9, 1992 admitted the OSG's "petition for review on certiorari,"
clearly ruling that the petition was one for review, and not
one for certiorari.

10 Ibid., p. 21. This should really read "reversible error" since

as already explained, the petition should be treated as one
for review under Rule 45.

11 Ibid., pp. 22-23.

12 Ibid., pp. 56-57.

Classification: Restricted