Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), and PD 1529

(Property Registration Decree) Determine if land is registrable or not (Public agricultural land declared by the government as alienable)

Yes Survey of land by Bureau of Lands or any duly licensed private surveyor

No Registration cannot proceed

Filing of Application for registration by applicant (at the Regional Trial Court of the province or city where the land is situated)

Land registration through judicial confirmation of imperfect and incomplete title (See requirements and limitations at Sec 14[1] of PD 1529, RA 9176 and Sec 48(b) of CA 141, as amended

Land registration under Section 14 (2-4) of the Property Registration Decree

Acceptance of the application and setting the date and hour of the initial hearing (The court shall within five days from filing the application, issue an order setting 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) The clerk of court shall admit to the Land Registration Authority a copy of the application, date of initial hearing and other pertinent documents The Land Registration Administrator shall notify the authorities concerned, persons named in the registration and the public about the schedule of the initial hearing ([1]Publication in the OG and newspaper of general circulation; [2] Mailing of notices to authorities concerned and persons named in the application within seven days after publication of said notice; [3] Cause the posting of the notice by the sheriff or his deputy of the province or city where the land or portion thereof is situated at least 14 days before the date of initial hearing) Filing of Opposition or Answer ([1]By any person claiming an interest in the land applied for, whether named in the notice or not; [2] the government, acting through the Office of the Solicitor General and represented by the Director of Lands or Director of Forestry) Hearing The registration proceedings shall be disposed of within ninety days from the date the case is submitted for decision Judgment
The court shall decide if evidence and reports from the LRA and Director of Lands are sufficient to prove that a title is proper for registration or not. However, an appeal may be filed by any party. Upon finality of judgment:

Yes The court shall order the LRA to issue a decree of registration

No The court shall not issue an order of decree of registration

Submitted by: Arman Hernando 2012-09056-MN-0

Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), and PD 1529 (Property Registration Decree) Issuance of Decree of Registration (The duty to issue the decree rests upon the LRA. However, its duty is ministerial in nature) Note: This is the reckoning date of the 1-year period to impugn the validity of registration Sending of copy of the decree of registration to the corresponding Register of Deeds Transcription of the decree of registration in the registration book and issuance of owners duplicate original certificate of title (OCT) by the Register of Deeds, upon payment of prescribed fees

Submitted by: Arman Hernando 2012-09056-MN-0

Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), and PD 1529 (Property Registration Decree) Step 1: Application Who may apply? 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; (1) Land registration through judicial confirmation of imperfect and incomplete title (Original registration through ordinary registration proceedings) Distinct Conditions As laid down in Sec 14(1) of PD 1529 and Sec 48(b) of CA 141, as amended 1. The applicant is a Filipino citizen, a natural person; 2. The applicant must prove that the land is alienable and disposable; 3. The applicant or his predecessor in-interest is in open, continuous, exclusive and notorious possession and occupation of the land under a bona fide claim of ownership since June 12, 1945 or earlier. Limitations As laid down in RA 9176 1. The period to file for an application is until December 31, 2020; 2. The area applied for shall not exceed 12 hectares; 3. All applications filed before the effectivity of the abovementioned act shall be treated as having been filed in accordance with the provision thereof. (2) Land registration under Section 14 (2-4) of the Property Registration Decree Distinct Conditions 1. The applicant may go on with the registration even if the possession of the land commenced on a date later than June 12, 1945. Provided that the property being applied for falls within the contemplation of a private land by prescription. 2. The applicant who acquired the ownership of a private land or abandoned riverbed by right of accession or accretion may go on with the registration. 3. The applicant who acquired ownership in any other manner provided by law may go on with the registration. Forms and Contents The application should be in writing, signed by the applicant or the person duly authorized in his behalf. It must be sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. The application shall contain: 1. Full description of the land as evidenced by a survey plan duly approved by the Director of Lands, surveyors certificate, and technical description; 2. Citizenship and civil status of the applicant; 3. Full names and addresses of all occupants of the land and those of the adjoining owners; 4. Assessed value of the land, buildings and improvements thereon; 5. Whether or not there are mortgages or encumbrances of any kind whatsoever affecting the land or any other person having interest there in; 6. The manner by which the applicant has acquired the land; 7. Whether or not the property is conjugal, paraphernal or exclusive property of the applicant; 8. Original muniments of title and related documents supporting applicants claim of ownership; 9. Whether or not the applicant claims any and what portion of the land bounded by a public or private way. Step 2: Filing of the Application Where to file? The application shall be filed with the Regional Trial Court of the province or city where the land is situated. What to file? The applicant shall file the following: 1. Application for land Registration; 2. Muniments of titles or copies thereof;

Submitted by: Arman Hernando 2012-09056-MN-0

Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), and PD 1529 (Property Registration Decree) 3. Detailed survey plan of the land approved by the Lands Management Bureau. on or before the date of initial hearing or within such time as may be allowed by the court. 2. The government, acting through the Office of the Solicitor General and represented by the Director of Lands or Director of Forestry. What to file? A signed and sworn document by the oppositor or his duly authorized person must contain the following: 1. All the objections to the application; 2. The interest claimed; 3. The remedy desired; 4. A subdivision plan duly approved by the Director of Lands, if the opposition claims that the portion of land is not properly delimited, there is conflicting claims of ownership on or possession between coowners of an undivided property, or there is an overlapping of boundaries. If no person appears and answers within the time allowed 1. Upon motion of the applicant, an order of default shall be released by the court. All the world are enjoined and shall be concluded by the default order (order of general default). 2. Once an order of default is issued, the person who failed to appear and answer loses his standing in court. He cannot appear, adduce evidence, be heard in court or be entitled to notice. He cannot even appeal from the judgment rendered by the court unless he files a motion to set aside the order of default. However, this rule shall not apply to the government. If appearance has been entered and answer has been filed A default order shall be entered against persons who did not appear and answer (order of special default). Step 5: Hearing Timeframe The registration proceedings shall be disposed of within ninety days from the date the case is submitted for decision. Reference to a referee

Step 3: Acceptance of the application and setting the date and hour of the initial hearing Procedure 1. The court shall within five days from filing the application, issue an order setting 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. 2. The clerk of court shall admit to the Land Registration Authority a copy of the application, date of initial hearing and other pertinent documents 3. The Land Registration Administrator shall give notice to the public about the schedule of the initial hearing by means of: a. Publication once in a newspaper of general circulation in the Philippines and once\ in the Official Gazettte especially addressing those persons appearing to have an interest over the land involved including the adjoining owners and require them to appear in court to show cause why the application shall not be granted; b. Mailing of notices to authorities concerned and persons named in the application within seven days after publication of said notice; c. Cause the posting of the notice by the sheriff or his deputy of the province or city where the land or portion thereof is situated. The notice shall be posted on a conspicuous place on the bulletin board of the city, municipal or provincial building fourteen days at least before the date of initial hearing. 4. LRA and the sheriff shall submit to the court a certification of compliance to the mandatory publication, mailing and posting of the schedule of the initial hearing of the application. Step 4: Opposition Who may file? 1. Any person claiming an interest in the land applied for, whether named in the notice or not may appear and file an opposition Submitted by: Arman Hernando 2012-09056-MN-0

Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), and PD 1529 (Property Registration Decree) adversely occupying the land or any portion thereof. Step 7: Issuance of Decree of Registration Effect The decree shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the government. Duty of issuance of the decree of registration conferred to the LRA The duty to issue the decree rests upon the LRA. However, his duty is ministerial in nature. He has no authority to deviate from what is written in the final judgment. The decree must be in conformity with the decision of the court and with the data found in the record. Step 8: Issuance of the Certificate of Title After the Register of Deeds received a copy of the decree of registration, it shall act upon the entry of the decree to the registration books and shall forthwith issue a certificate of title to the rightful owner.

If the court deems it necessary, the case or any part thereof may be referred to a referee. The referee shall have the following duties: 1. Hear the parties and their evidence; 2. Set the venue of the hearing within the province or city after reasonable notice to the parties; 3. Submit a report to the court within fifteen days after the termination of such hearing. The court may render judgment in accordance with the report of the referee as though the facts have been found by the judge himself.

Step 6: Judgment Scope All conflicting claims of ownership and interest in the land which is the subject of the application shall be determined by the court. If evidence and reports from the LRA and Director of Lands are sufficient to prove that a title is proper for registration in favor of the applicant or the oppositor, a judgment shall be rendered confirming the title to the land or portions (partial judgment) thereof. When judgment becomes final? Judgment rendered becomes final upon expiration of fifteen days to be counted from the date of receipt of notice of judgment. However, an appeal may be taken from the judgment of the court as in ordinary civil proceedings. Effect of finality of judgment After judgment has become final and executor, it shall devolve upon the court to forthwith issue an order for the issuance of decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to the registration. However, court retains jurisdiction of the case until after one year from the issuance of the final decree of registration. During this period, the court still has the discretion to set aside its decision. Writ of Possession The person on whose the decree of registration is favored may ask the proper court to issue a writ of possession to be served by the sheriff for the delivery of the possession of the land from the person who has been defeated in a registration proceeding or anyone who unlawfully and Submitted by: Arman Hernando 2012-09056-MN-0