Chronological Steps in Land Registration

Ordinary Land
Registration (PD
1529, 13 steps)
13 steps (SAD-TP-SAH-PIEST)
• 1.) Survey
• 2.) Filing of Application
• 3.) Setting of Date for Initial Hearing
• 4.) Transmittal of Application to the LRA
• 5.) Publication of Notice
• 6.) Service of Notice to interested parties
• 7.) Filing of Answer/Opposition
13 steps (SAD-TP-SAH-PIEST)
• 8.) Hearing
• 9.) Promulgation of Judgment
• 10.) Issuance of Decree
• 11.) Entry of Decree in LRA
• 12.) Sending of a copy of to RoD
• 13.) Transcription of Decree and issue of Cert. of
Title
WHO MAY APPLY (Sec. 14)
• Section 14. Who may apply. The following persons

may file in the proper Court of First Instance an
application for registration of title to land, whether
personally or through their duly authorized
representatives:
• (1) Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the
public domain under a bona fide claim of ownership
since June 12, 1945, or earlier.
• HEIRS OF MARIO MALABANAN vs. REPUBLIC,

G.R. No. 179987, April 29, 2009
• “Possessor is entitled to secure judicial
confirmation of his title…”
• 2) Those who have acquired ownership of

private lands by prescription under the provision
of existing laws.
• (3) Those who have acquired ownership of
private lands or abandoned river beds by right of
accession or accretion under the existing laws.
• (4) Those who have acquired ownership of land
in any other manner provided for by law.
SURVEY
• Survey of the land by the Land Management

Bureau or a duly licensed private surveyor.
• It must be drawn in a tracing cloth plan.
• It is approved ONLY by the Director of Land
Management.
• The Land Management Bureau [also, Bureau of
Lands) is an agency under the DENR (In
contrast to LRA, which is under the DoJ)
FILING OF APPLICATION
• Filing of Application for Registration by the

applicant at the RTC of the province, city, or
municipality where the property is situated.
• Parts of the Application
• A. Caption
• B. Addresses
• C. Name and address of the petitioner
• D. Nature of the proceeding (ordinary or cadastral)
• E. Technical Description of the land

• F. Require interested persons to appear in court at the
time of initial hearing
• G. Statement that failure to oppose bar future claims.
• Application is endorsed to MTC if there is no

controversy over the land or its value is less than
Php 100,000.00
• The Bureau of Lands must always be furnished

with a copy of the petition and all pertinent
documents.
• If land is situated between two boundaries of

two provinces, application must be filed:
• Boundaries are not defined – in the RTC of the place
where it is declared for taxation purposes.
• Boundaries are defined – separate plan for each
portion must be made by surveyor and a separate
application for each lot must be filed with the
appropriate RTC.
• If land is owned is common, ALL co-owners shall

file the application for land registration jointly.
• The vendor may file the application for land sold

under Pacto de Retro unless the period for
redemption expire during the pendency of the
registration proceedings and ownership is
consolidated in the vendee a retro, then the
vendee shall be substituted as applicant.
• Land subject of a trust agreement.

• Trustee may file on behalf of the beneficiary
unless prohibited by the instrument creating the
trust.
• Non-resident registrant (see Section 16)
• Note: If the agent/representative dies, or leaves

the Philippines, the applicant shall forthwith
make another appointment for the substitute,
and the court may dismiss the petition if he fails
to do so,
• Land Registration Covering two or more parcels

(Sec.18)
• May a private corporation file the application?
• See Dir of Lands v IAC and ACME, GR No. 73002

Dec 29,1986 EN BANC
• Who may not apply?

• Public land sales applicant
• Antichretic creditor
• Mortgagee
• Others
• Form of Application
• In writing
• Subscribed by applicant
• Sworn before an authorized officer of the place where
the application was signed.
• AMENDMENTS – refers to changes in the

allegations in the application.
• FORMAL AMENDMENTS – mere amendment as
to form.
• KINDS of AMENDMENTS
• Joinder
• Substitution
• Discontinuance
• Amendments as to form may be allowed at any

stage upon just and equitable terms. Publication
may or may not be required. (Sec. 19 par. 1)
• SUBSTANTIAL AMENDMENTS (Sec 19 par. 2)

• Substantial change in the boundaries
• Increase in are of the land
• Inclusion of additional land
• SUBSTANTIAL AMENDMENTS (Sec 19 par. 2)

• Publication under Sec. 23 of PD 1529 is a
Jurisdictional Requirements.
• The purpose of the new publication is to give

notice to all persons concerning the amended
application. Without a new publication, the
court cannot acquire jurisdiction over the are
not covered by the original application.
• The decision would be a nullity as to the newly
included land. (GR No. L-26127 Benin vs.
Tuason.)
• What if the amendment is th the cnage of name

of the applicant?
• Publication not required. (Dir of Lands v IAC GR No.
73246, 3/2/1993)
Setting of DATE
• Notice of Initial Hearing – The court shall issue

an order setting the date and hour of the
hearing within 5 days from filing of the
application, which hearing is not earlier than 45
days nor later than 90 days from the date of the
order. (Sec. 23)
Setting of DATE
• Note: If the date of initial hearing is set beyond

90 day period, Court still acquires jurisdiction.
Applicant is not at fault.
TRANSMITTAL of Application
• Transmittal of Application and date of initial

hearing together with all documents or other
evidences attached thereto by the CLERK of
COURT to the LAND REGISTRATION AUTHORITY.
PUBLICATION of Notice
• Publication of Notice of Filing of Application and

date and place of hearing once in the Official
Gazette and once in a newspaper of general
circulation in the Philippines.
PUBLICATION of Notice
• Note: If the publication is made after the date of

the initial hearing , the entire proceeding will be
null and void because publication must PRECEDE
the hearing in order for the court to acquire
jurisdiction over the property.
SERVICE of Notice
• Service of notice upon contiguous owners,

occupants, and those known to have an interest
in the property by the sheriff.
• Modes: Publication, Posting, Mailing (Sec. 23)

SERVICE of Notice
• Mailing is made using registered mail addressed

to persons indicated in Section 23.
• Posting – conspicuous place on EACH parcel of

land, bulletin board of the municipal building, 14
DAYS before the date of initial hearing.
FILING of ANSWER/OPPOSITION
• Who may file? (Sec. 25)

• Any person claiming an interest, whether named
in the notice or not, may appear and file an
opposition on or before the date of initial
hearing, or within such further time as may be
allowed by the court.
• Order of Default (Sec. 26)

• If no person appears and answers within the
time allowed, the court shall, upon motion of
the applicant, no reason to the contrary
appearing, order a default to be recorded and
require the applicant to present evidence.
• By the description in the notice "To all Whom It

May Concern", all the world are made parties
defendant and shall be concluded by the default
order.
• Where an appearance has been entered and an
answer filed, a default order shall be entered
against persons who did not appear and answer.
HEARING
• Reception of evidence is governed by provisions

of PD 1529 and the Rules of Court shall, insofar
as not inconsistent with the provision of this
Decree . Ne applicable to land registration and
cadastral cases by analogy or in a suppletory
character and whenever practicable and
convenient. (Section 34)
HEARING
• Reference to a referee (Sec. 27, PD 1529)

PROMULGATION of Judgment
• Judgment involves the adjudication,

determination, and resolution of the question of
ownership.
• Partial Judgment (Sec. 28)

Issuance of Decree
• Issuance of decree or ORDER by the court

declaring the decision final and instructing the
Land Registration Authority to issue a Decree of
Confirmation and Registration.
Issuance of Decree
• It is not the court but the LRA which issues the

decree of confirmation and registration. One
year after issuance of decree, it becomes
incontrovertible and amendments of the same
will not be allowed except merely in case of
clerical errors.
Entry of Decree
• Entry of Decree in the Land Registration

Authority
• Contents: (Sec. 31)
• Effects: (Sec. 32)
• Entry of Decree serves as the reckoning date of

the 1 year period from which one can impugn
the validity of the registration.
Entry of Decree
• Entry of Decree in the Land Registration

Authority
• Contents: (Sec. 31)
Assignment
• HEIRS OF MARIO MALABANAN vs. REPUBLIC,

G.R. No. 179987, April 29, 2009
• G.R. No. 173365 Flores vs Bagaoisan April
15,2010
• Republic vs. CA, G.R. No. 100709. November 14,
1997
• RA 10023

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Ordinary Land

• Section 14. Who may apply. The following persons

• HEIRS OF MARIO MALABANAN vs. REPUBLIC,

• 2) Those who have acquired ownership of

• Survey of the land by the Land Management

• Filing of Application for Registration by the

• E. Technical Description of the land

• Application is endorsed to MTC if there is no

• The Bureau of Lands must always be furnished

• If land is situated between two boundaries of

• If land is owned is common, ALL co-owners shall

• The vendor may file the application for land sold

• Land subject of a trust agreement.

• Non-resident registrant (see Section 16)

• Note: If the agent/representative dies, or leaves

• Land Registration Covering two or more parcels

• May a private corporation file the application?

• See Dir of Lands v IAC and ACME, GR No. 73002

• Who may not apply?

• AMENDMENTS – refers to changes in the

• Amendments as to form may be allowed at any

• SUBSTANTIAL AMENDMENTS (Sec 19 par. 2)

• SUBSTANTIAL AMENDMENTS (Sec 19 par. 2)

• The purpose of the new publication is to give

• What if the amendment is th the cnage of name

• Notice of Initial Hearing – The court shall issue

• Note: If the date of initial hearing is set beyond

• Transmittal of Application and date of initial

• Publication of Notice of Filing of Application and

• Note: If the publication is made after the date of

• Service of notice upon contiguous owners,

• Modes: Publication, Posting, Mailing (Sec. 23)

• Mailing is made using registered mail addressed

• Posting – conspicuous place on EACH parcel of

• Who may file? (Sec. 25)

• Order of Default (Sec. 26)

• By the description in the notice "To all Whom It

• Reception of evidence is governed by provisions

• Reference to a referee (Sec. 27, PD 1529)

• Judgment involves the adjudication,

• Partial Judgment (Sec. 28)

• Issuance of decree or ORDER by the court

• It is not the court but the LRA which issues the

• Entry of Decree in the Land Registration

• Entry of Decree serves as the reckoning date of

• Entry of Decree in the Land Registration

• HEIRS OF MARIO MALABANAN vs. REPUBLIC,

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