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Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M.

Respicio 2013
TORRENS SYSTEM Sir Robert Richard Torrens devised the system of Land Regristration which was patterned after the English Merchant Shipping Act with some modification and when he became a member of first colonial ministry he introduced the bill by ... he did a law and became known as the Real Property Act of 18571858 This step of land registration became permanently known as the TORRENS SYSTEM OF LAND REGISTRATION. So it was made after code officer Robert Richard Torrens. This idea of Torrens System is there should be a judicial proceeding for the determination of ownership of the land as the applicant who successfully established his ownership over the land may then be issued a corresponding Certificate of Title particularly describing the land of his estate and the Transfer Certificate of Title vest upon the registered owner as indefeasible title. Such question is based on the certificate of title such as sale, mortgages, lease and other forms to establish..of course the Philippines has adopted the system of Land Registration. *Advantages of Torrens Systen *Comparative benefits What is the binding effect if the sale or mortgage over a registered land is not registered? So, would third persons be bound by an unregistered sale of mortgage of a registered land? Another question is who will be bound over an unregistered sale of mortgage covering a registered land? Under Section 51 of PD No. 1529, ..Registration is the act that conveys or affects registered land..lands insofar as third persons are concerned..if the unregistered mortgage is unregistered land, then the unregistered sale of object does not bind or affect third person ...However, under the same provision..so the grantor and the grantee under the Deed of Sale or a Deed of Real Estate Mortgage they cannot deny their own acts as may affect them under the principle of estoppel by deed. So the document is the deed that preclude the parties or barged them from denying the consent of the deed under the principle of estoppel by deed . The second group of persons are bound under the unregistered sale of mortgage are the heir, the assigns and successors in interest of the grantor and the grantee. They are bound because of the principle of relativity of contracts as provided by the Article 1311 of the NCC of the Philippines. The heir, the assigns and successors in interest are considered the extension of the first family of the grantor and the grantee. The third persons who has actual knowledge or notice of the transaction are likewise be bound because to them, the purpose of registration is more than accomplished. What is the purpose of registration? Registration provides a means of publication or notice to third persons. What is provided by the person to receive notice? They acquire knowledge. So the person who has actual knowledge or notice of the transaction satisfies the purpose of registration. So if the purpose of registration is to provide notice, and the purpose of notice is to provide knowledge, therefore the actual knowledge of the transaction is equivalent to registration (Consolidated Rural Bank v. Court of Appeals) (Veluz)

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
A person who has knowledge of the unregistered interest serves the purpose of registration and he cannot claim that he is not duly be bound thereof. WHICH GOVERNMENT AGENCY? Land Registration Authority..(Land Registration Commission former name).it was changed into LRA (EO 292) headed by the administrator who is assisted by two deputy administrator. It is under the supervision of the Department of Justice. So it is part of the Executive Department of the government. Below the RD, There are various offices of the Register of Deeds in the provinces and cities all over the Philippines? Headed by the Register of Deeds assisted by the Deputy of Register of Deeds The Register of Deeds shall be appointed by the President of the Philippines upon recommendation of Secretary of Justice. the issuance by the Register of Deeds of the corresponding certificates of title Exercise supervision and control over all Register of Deeds and other personnel of the Commission Resolve cases elevated en consulta by or an appeal from the Decision of Register of Deeds Exercise executive supervision over all clerks of court and personnel of the Regional Trial Court throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands. Implement all orders, decisions and decrees promulgated relative to the registration of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations therefore (x) Verify and approve subdivision, consolidation and consolidationsubdivision survey plans of properties titled under Act no. 496 except those covered by P.D. No. 957.

2. 3. 4.

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So, the main function of the LRA central repository of records relative to original registration of lands and titles under the Torrens System including subdivision, consolidation, consolidationsubdivision plan. The administrator on the other hand has the ff functions: 1. Issues decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause

Now, the office of the Register of Deeds constitutes a public repository of records or instruments affecting registered or unregistered land as well as chattel mortgages, the provinces or city wherein such office is situated. The office of the Register of Deeds is headed by the Register of Deeds is also a presidential appointee, he is recommended by the Secretary of Justice of course he should be a member of the Philippine Bar, he has practice law for at least three years or has been employed for a like period in any branch of the government the functions of which include the registration of property.

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
The Register of Deeds is assisted by the Deputy Register of Deeds is also a member of the Phil member, appointed by the Secretary of Justice upon recommendation of Administrator of the LRA So, what are the general or main functions of the Register of Deeds? It is covered by Sec 10, PD 1529. It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. He shall see to it that said document bears the proper documentary science stamps and that the same are properly cancelled. If the instrument is not registrable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right by consulta in accordance with Section 117 of this Decree. So, the function or duty the instrument to register the instrument or document is qualified only if such instrument comply with all the requisites for registration. What particular provision of the law provides for the requisites of registration? Section 112, PD 1529 So, there are other provisions like Section 55 for a specific document for an adverse claim the requisite are found in Sec 17 of PD No. 1529. This duty or functions of the Register of Deeds is characterized by the Supreme Court in the case of Maranga vs. Bustillo: construing section 10 of PD No. 1529. The SC said that the function of the RD..the instrument and the like is ministerial which means that It is enough that the instrument is a registrable instrument or document for him to register the deed. The registration is also an administrative act which cannot contemplate notice or hearing to interested parties. So, the RD is to prove and the court duty is to determine whether the instrument or document is registrable meaning that it complies with Section 55 and other provisions of law specially section 112 and 55. Under section 112, the document must be a public document or instrument in order to be a registrable document. In other words, the document must be duly acknowledged before a notary public and attested by at least two witnesses. If the instrument or document complies with section 112, hence the Register of Deeds has no power to deny registration because its function is ministerial in character. The SC explained further that the RD is entirely precluded or barged by section 10 of PD 1529 for him to apply his personal judgment and discretion...to register a deed or instrument on the ground that it is invalid. So, he cannot exercise personal judgment and discretion such as determining whether a deed or instrument presented to him for registration is valid or not. So let us say that the RD has an information that the signature of the seller in a deed of absolute sale is forged, so the Deed of Absolute Sale is a registrable document, in other words, it complies with Section 112 and 55, PD 1529. The question is, May the Register of Deeds deny registration because of such information that the signature of the seller was forged? NO. He does not have the power to determine the validity of the instrument or document because his function is merely ministerial in nature. The determination of the validity of the instrument or the contract involve the exercise of judgment and discretion it is for the courts and not the Register of Deeds so, that is beyond the ministerial nature of the duty of the Register of

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
Deeds to register the instrument. The SC said, the law on registration does not require a valid instrument to be registered, third parties affected thereby are supposed to know their invalidity because..actually or constructively..of officials. The purpose of registration is merely to give notice, the question regarding the effect or invalidity of the instrument are expected to be decided after and not before the registration. The necessary consequence that registration be first be allowed and the validity or the effect be graded afterwards. That is one of the reasons that a forged deed of conveyance may become a root of a valid title, Sec 53. Examples of documents to deny registration by the Register of Deeds: 1. Private document it does not comply with the requisites provided in section 112 of PD No. 1529 acknowledgement before a notary public. Also, if the buyer or the grantee of the land is an alien Dwayne Wade (American citizen) can you register the Deed of Absolute Sale? No. 2. Conjugal property subject of deed of donation donated by the husband 2/3 of the property are donated by the husband alone, it can be denied registration by the RD it does not comply with the requisites of the law. It should exceed share of the husband. NATURE OF LAND (Section 2 of PD 1529) REGISTRATION PROCEEDINGS

1. Judicial Proceedings/proceeding in rem because the application or petition for Land Registration must be filed with the court. It can hear and deny appeal. It binds all persons, known and unknown and the title issued thereof is binding and conclusive upon the whole world. All persons may be adversely affected by the proceedings..... another definition: it has jurisdiction over the res (the thing itself). The proceeding is binding against the whole world. Petition or application for land registration caption Directed against particular or specific person (Republic of the Philippines In re: app or petition for land registration name of petitioner and civil case no. Xxx) 2. Proceedings in personam it is a personal action which is directed against specific or a particular person binding upon the parties only. Example: recovery of possession of the land. The proceedings do not bind all the persons only the defendant. The caption of the case: Republic of the Philippines ABC plaintiff vs XXX defendant Civil Case no. XXX Action for reconveyance of land 3. Proceedings quasi in rem action directed against specific person (plaintiff and defendant). But the purpose of the

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
action is to subject the land to a lien or charge burdening it. Example: Judicial foreclosure of real estate mortgage or attachment of lien [Civil Procedure] WHICH COURT HAS JURISDICTION: Where should a case be filed? Regional Trial Court amended by Section 34 of BP 129, Judiciary Registration Act 1980. The RTC shall have exclusive jurisdiction of the whole application of registration of title to land including improvements and interests therein. It covers all petitions filed after original registration of title. It has the power to hear and determine all questions arising upon such application or petition. Before jurisdiction or the power to hear and determine land registration cases pertain to exclusive of RTC this has been changed because of sec 34 of BP 129 amended by RA 7691. Section 34. Delegated jurisdiction in cadastral and land registration cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. (as amended by R.A. No. 7691)

WHAT CASES MAY BE FILED BEFORE INFERIOR COURTS? So, the SC has been given the authority by this law to assign to the first level courts and the authority to hear and determine land and cadastral registration cases. And this was exercised by the SC already by the issuance of Administrative Circular No. 696A dated November 15, 1995. The first level courts may hear and determine the cases: 1. Cases covering land when there is no controversy (uncontested land) 2. Land registration cases covering contested land the value of which does not exceed 100,000 pesos. So in these cases, the first level court may take cognizance or has the jurisdiction. Section 34: Delegated Jurisdiction What was delegated? The question of the jurisdiction of Regional Trial Court to hear and decide cadastral and land registration cases The decisions of Metropolitan Trial Courts, Municipal Trial Circuit Court, etc (first level courts) in land registration cases are appealable to the Court of Appeals not the Regional Trial Court because delegated jurisdiction nga eh, what was delegated? The part of the jurisdiction of the Regional Trial Court. The period of appeal will not stop, it will continue to run and if you did not make a timely correction of the appeal, the judgment will become final and executory.

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
patent of the Director of Lands cannot divest the court of its jurisdiction. Of course provided that from the beginning the Land Registration Court has validly acquired jurisdiction. WHAT ARE THE MODES OF LAND REGISTRATION? 2 modes: 1. Judicial Land Registration 2. Administrative

What is the extent of RTC jurisdiction acting as a land registration court? SC: because of the change of the law particularly Section 2, PD 1529, the limited jurisdiction of the RTC acting as land registration court has been eliminated because the RTC is a court of general jurisdiction. Under the old Land Registration law, the one that has not yet been repealed, the jurisdiction of land registration court are limited when acting as Land Registration Court. Sec 2 provides: The court has the power to hear and determine all questions arising upon such applications or petitions. So before, the court cannot determine for example the validity of the contract or a document pero ngayon, wala na yun of course acting as Land Registration Court can act upon the issue because it now has a plenary powers. Of course, the RTC is acting as a court of general jurisdiction. The purpose according to SC: to avoid the multiplicity of suits. The court can take cognizance of the question. Delos Angeles vs Santos: The SC ruled that once a Land Registration Court has validly acquired jurisdiction over a land registration case, it retains such jurisdiction even if the Director of lands has issued a homestead patent covering the same land. The fact that the Director of Lands has issued a homestead patent to the land of the subject of land registration case does not deprive the Land Registration Court of its jurisdiction. The Supreme Court said that the subsequent issuance of homestead

What are the proceedings that fall under Judicial Land Registration? 1. Judicial confirmation of incomplete or imperfect title covered by Commonwealth Act 141 as amended and by the provision of PD 1529. 2. Voluntary or ordinary land registration proceedings covered by pd 1529 3. Cadastral proceedings covered (sections 3538) 4. Individual members of the cultural minorities covered by RA 8371 (Indigenous Peoples Right Act of 1997) shall have the option to register their title to individually owned registered lands either under judicial confirmation of title or under ordinary or voluntary land registration proceedings. Under Section 12, RA 8371 only individual members of Cultural Minorities with respect to their individually owned ancestral land shall have the option to secure title to their ancestral land under the provisions of CA 141 as amended or the Property Registration

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
Decree. Only individual of Cultural Minorities may file the petition or app for land registration and only over their individually owned ancestral lands hindi pwede yung ancestral domain. (ancestral land vs ancestral domain sec 3 of RA 8371)
a) Ancestral Domains Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators b) Ancestral Lands Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessorsininterest, under claims of individual or traditional group ownership,continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots

ADMINISTRATIVE PROCEEDING covered by Sec 103 of PD 1529 CHAPTER VIII REGISTRATION OF PATENTS Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
So, these public lands granted by the government to qualified Filipino citizens who are then issued what are called land patents example: homestead patent, sale patents. If you are the grantee, theres no need for you to find an individual report... Well discuss this after midterms. 9. Promulgation of judgment by the Court 10. Issuance of the decree by the Court declaring the decision final and instructing the Land Registration Commission to issue a decree of confirmation and registration 11. Entry of the decree of registration in the Land Registration Commission

13 REQUISITE STEPS IN BRINGING LAND UNDER THE TORRENS SYSTEM:


1. Survey of land by the Bureau of Lands or a duly licensed private surveyor 2. Filing of application for registration by the applicant 3. Setting of the date for the initial hearing of the application by the Court 4. Transmittal of the application and the date of initial hearing together with all the documents or other evidences attached thereto by the Clerk of Court to the Land Registration Commission 5. Publication of a notice of the filing of the application and date and place of the hearing in the Official Gazette 6. Service of notice upon contiguous owners, occupants and those known to have interests in the property by the sheriff 7. Filing of answer to the application by any person whether named in the notice or not 8. Hearing of the case by the Court

12. Sending of copy of the decree of registration to the corresponding Register of Deeds, and 13. Transcription of the decree of registration in the registration book and the issuance of the owner's duplicate original certificate of title to the applicant by the Register of Deeds, upon payment of the prescribed fees.

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
CHAPTER III ORIGINAL REGISTRATION I ORDINARY REGISTRATION PROCEEDINGS A. APPLICATIONS 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 predecessorsininterest 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. (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. Where the land is owned in common, all the coowners shall file the application jointly. Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings. A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust. Section 15. Form and contents. The application for land registration shall be in writing, signed by the application or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. The application shall contain a description of the land and shall state the citizenship and civil status of the applicant, whether single or married, and, if married, the name of the wife or husband, and, if the marriage has been legally dissolved, when and how the marriage relation terminated. It shall also state the full names and addresses of all occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search made to find them. The application, shall, in form, be substantially as follows:

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
Section 16. Nonresident applicant. If the applicant is not a resident of the Philippines, he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application. Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands. The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes. Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application. Section 19. 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. 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. Section 20. When land applied for borders on road. If the application describes the land as bounded by a public or private way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined. Section 21. Requirement of additional facts and papers ocular inspection. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper. It may also conduct an ocular inspection, if necessary. Section 22. Dealings with land pending original registration. After the filing of the application and before the issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or in part, in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court, after notice to the parties, shall order such land registered subject to the conveyance or encumbrance created by said instruments, or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments.

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
B. PUBLICATION, OPPOSITION AND DEFAULT Section 23. Notice of initial hearing, publication, etc. The court shall, within five days from filing of the application, issue an order setting the date and hour of the initial hearing which shall not be earlier than fortyfive days nor later than ninety days from the date of the order. The public shall be given notice of the initial hearing of the application for land registration by means of (1) publication (2) mailing and (3) posting. 1. By publication. Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided, however, that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court. Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known, and "to all whom it may concern". Said notice 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. 2. By mailing. (a) Mailing of notice to persons named in the application. The Commissioner of Land Registration shall also, within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known. (b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor and the Mayor. If the applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies. (c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Public Works, the Director of Forest Development, the Director of Mines and the Director of Fisheries and Aquatic Resources. If the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings that a tenantfarmer or the national government may have a claim adverse to that of the applicant, notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may be appropriate.

Land Titles and Deeds Session 3 | Judge Serrano Notes| by Russell M. Respicio 2013
3. By posting. The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also 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, fourteen days at least before the date of initial hearing. The court may also cause notice to be served to such other persons and in such manner as it may deem proper. The notice of initial hearing shall, in form, be substantially as follows: