CADASTRAL REGISTRATION

Is a proceeding in rem initiated by the filing a petition

for registration by the government, not by the persons
claiming ownership of the land subject thereof, and
the latter are, on the pain of losing their claim thereto,
in effect impelled to go to court to make known their
interest or claim and to substantiate their claim or
interest

 The government does not seek registration under its

own name
The objective of the proceeding is the adjudication of
title to the lands involved in the proceedings

 PURPOSE:
Another means to bring lands under operation of
Torrens System
Ordinary registration is slow for lack of initiative on
part of landowners, innovation was conceived to
hasten and accelerate registration
Government initiates that all lands within a stated
region are up for registration whether or not owners
are interested to settle their titles

 The word "cadastre" came from the Latin capitastrum,

a register of the poll tax and the Greek katastikhon, a
list or register, from literally, "down the line," in
the sense of "line by line" along the directions and
distances between the corners mentioned and
marked by monuments in the metes and bounds.

 NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
Compulsory

 Cadastral Survey
Filing of the Petition
Publication of Notice and Hearing
Filing of Answer
Hearing of the Case
Issuance of the Decision
Issuance of the Decree and Certificate of Title

CADASTRAL SURVEY
In opinion of the president pursuant to requirement of
public interest, title of land within a specified area needs
to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands
& to gen public of day of survey published in OG and
posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments

FILING OF PETITION
After survey and plot been made, Director
represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders,
claimants, possessors, occupants
Parcel of lots given their cadastral numbers

PUBLICATION OF NOTICE OF HEARING

Court to order date of hearing
LRA to notify public by publishing notice 1x in OG
and 1x in newspaper of general circulation & copy
mailed to person whose address is known & other
copies posted in conspicuous place designated bylaw

FILING OF ANSWER
Any person claiming interest in any part of lands subject
to petition is required to file answer
Answer must give the ff details:

Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where lot is located
Name of owners of adjoining lots
If in possession & without grant no of years in possession
If not in possession state interest claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots

 DECISION
Claimants are notified of decision
ISSUANCE OF DECREE AND CERTIFICATE OF
TITLE
Upon order of court, LRA to enter decree of
registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued
on regulation forms of such certificate

CADASTRAL

ORDINARY

Party Initiating

Government

Private Individual

Subject Matter

Private and Public

Private Lands

Ownership

Government does not

assert ownership
Interested only in
settlement of titles

Ownership is Asserted

Survey

Government
On account of owner
undertakes survey and
advances expenses

As to risk

In absence of
successful claimant,
property goes to
government

Applicant has another

chance to claim is dismissal
is without prejudice

System of Registration of Unregistered

Lands
1. The system of registration for unregistered land is under
the Torrens system.
2. Before: covers voluntary dealings, now includes
involuntary dealings
3. Effect if prospective; binds 3rd persons after registration
but yields to better rights of 3rd person prior to
registration (limited effect to 3rd parties) reason: no strict
investigation
4. involved
5. Subsequent dealings also valid if recorded E. Register
of deeds keeps day book & a register; index system is
also kept

Procedure
Presentment of instrument dealing in unregistered
land
If found in order registered
If found defective registration is refused writing his
reason for refusal

CLASSIFICATION OF LANDS
Under the Constitution

Agricultural
Forest
Mineral
National Park

Under the Public Land Act

Alienable/Disposable
Timber lands
Mineral lands

 Alienable/Disposable

Agricultural
Residential, Industrial, Commercial
Educational, Charitable
Town sites

 Mineral Lands
If title was issued it is ____
Can it be the proper subject of acquisitive
prescription?
Is there any exception?
mineral lands and forest lands acquired before
inauguration of Commonwealth in November 15, 1935;
vested rights which are protected

Nature of Title to Public Lands

Indefeasible and Conclusive
In absence of registration, title to public land is not
perfected and therefore not Indefeasible
In case of 2 titles obtained on same date, the one
procured through the decree of registration is superior
than patent issued by director of lands
2 titles procured by one person one from homestead
patent, one from judicial decree & sold to 2 different
persons, the one who bought it for value and in good
faith & one who register first shall have preference

Procedure of Conveying Public Land

A. Official issuing instrument of conveyance to issue
instrument
B. File instrument with Register of Deeds
C. Instrument to be entered in books and owners duplicate to
be issued
D. Instrument only contract between Government and private
person and does not take effect as conveyance if unregistered, it
is registration which is operative act of conveying land;
evidence of authority for Register of Deeds to register
E. Fees to be paid by grantee
F. After issuance of certificate of title, land is deemed registered
land within the purview of the Torrens system

CONCESSION OF PUBLIC
AGRICULTURAL LANDS
Homestead settlement
Sale
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization
Lease not included since lease does not transfer
ownership; free-title grant: free distribution of public
lands to encourage people to cultivate; government
furnishes the applicant with tolls plus cash allowance
to enable him to cultivate

 FISHPONDS
Before: included in definition of agriculture,
conversion of agricultural land to fishponds does not
change character of land
Now: restricted meaning; fishponds has distinct
category; cannot be alienated but may be leased from
government.

 What is a Homestead Patent

is a mode of acquiring alienable and disposable
lands of the public domain for agricultural purposes
conditioned upon actual cultivation and residence.
Where should Homestead Application be filed?

 A Homestead application like any other public land

applications should be filed at the DENRCommunity Environment and Natural Resources
Office where the land being applied for is located.

 Qualifications for the applicants

Citizens of the Philippines.
Over 18 years old or head of the family.
Not the owner of more than 12 hectares of land pursuant to
the 1987 constitution
Must have resided for at least 1 year in the municipality
where the land is located
Must have cultivated at least 1/5 of the land

Can a married woman validly apply for a homestead

patent?

 Yes. This is in accordance with Article II, Section 14

of the Constitution and Republic Act No. 7192
otherwise known as the "Women in Development
and Nation Building Act" as implemented by DAO
No. 98-15 of May 27, 1998.
This Administrative Order gives women, equal right
as men in filing, acceptance, processing and approval
of public land applications.

 What are the legal requirements?

1.
2.
3.
4.

Application;
Entry fee;
Final fee;
Approved plan and technical description of the land
applied for;
5. Actual occupation and residence by the applicant;

 Steps leading to the issuance of a Homestead patent?

1. Filing of application;
2. Preliminary Investigation;
3. Approval of application;
4. Filing of final proof which consists of two (2) parts;
a. Notice of intention to make Final Proof which is
posted for 30 days.
b. Testimony of the homesteader corroborated by
two (2) witnesses mentioned in the notice.

 The Final Proof is filed not earlier than 1 year after the
approval of the application but within
5 years from the said date.

5. Confirmatory Final Investigation;

6. Order of Issuance of Patent;
7. Preparation of patent using Judicial Form No. 67
and 67-D and the technical description duly
inscribed at the back thereof;
8. Transmittal of the Homestead patent to the Register
of Deeds concerned.

 Who signs the approval?

1. Up to 5 hectares (has.)
- PENRO
2. More than 5 Has. to 10 Has. - RED
3. More than 10 Has.
- Secretary

 FREE PATENT
It is a mode of acquiring a parcel of alienable and
disposable public land suitable for agricultural
purposes thru administrative conformation of
imperfect or incomplete title.

 Who may Apply?

Natural-born citizens of the Philippines
He/She must not be the owner of more than
twelve (12) hectares of land
The land must have been occupied and cultivated
for at least thirty (30) years prior to his application
with the DENR by himself or his predecessors-ininterest and shall have paid realty tax due
thereon.

 SALES PATENT
WHO MAY APPLY?

Any Filipino citizen

Legal age
If not of legal age if the head of the family
The buyer may purchase agricultural land
Not to exceed 24 has. (1973)/12 has (1987)

 PROCEDURE
Filing of the application with the Dir. Of Bu of Lands
The Dir will appraise the land
Publish a notice once a week in the OG and in 2
newspapers, one in MM and in the area where the land is
located, i.e. Mun/prov
Posting of notice in the bulletin board

The applicant/anybody submit their sealed bid enclosing

therewith 10% of their bid
May proceed with public auction if the bid is not responsive

The price may be paid upon the award or by 10 equal

annual installments

 Must cultivate at least 1/5 of the property within 5

years from purchase/award
The buyer must show actual
occupancy/cultivation/improvements of at least 1/5
until the date of final payment
If the Dir. Is satisfied, he will direct the survey
When the plan is finished, the sales patent is prepared
and signed
Certified copy will be sent to RD who will now issue
the title