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Purpose
Sec 35(a): The purpose is to serve the public interest by requiring that the titles to
any unregistered lands be settled and adjudicated
Procedure
1. The President, if so requires that title to any unregistered lands be settled and
adjudicated, shall order DOL to conduct a cadastral survey of lands
2. DOL shall give notice to the general public of the day and survey, such notice to be
(a) Published in the OG
(b) Posted in the places indicated, and
(c) Sent to the municipal mayor, barangay captain, sangguniang panlalawigan and
sangguniang bayan concerned.
- It shall be lawful for the surveyors to enter upon the lands for the placing of
monuments. Every claimant must inform the surveyors of the extent and
boundary lines of the particular portion claimed by him.
3. Filing of petition for registration Soc-Gen shall institute original registration
proceedings by filing the necessary petition in the RTC of the place where land is
situated against the holders, claimants, possessors or occupants stating that public
interest required that the title to such lands be settled and adjudicated.
- Petition shall contain subscription of land, accompanied by a plan and other data
as to facilitate notice to all occupants.
4. Publication
- Sec 35 PD 1529 provide for the publication of the application for registration and
the schedule of the initial hearing.
o Publication in the OG twice under the law
- Purpose: due publication is required to give notice to all interested parties of the
claim and identity of the property that will be surveyed.
5. Filing of answer
- Any claimant whether named in the notice or not, shall file an answer on or before
the date of initial hearing or within such further time as may be allowed by the
court.
- Answer shall be signed and sworn to by the claimant or by some other authorized
person in his behalf, and shall state his status, nationality and postal address.
6. Hearing of petition
- The trial may occur at any convenient place within the province in which lands are
situated.
7. Judgment
- All conflicting interests shall be adjudicated by the court and decrees awarded in
favor of persons entitled to the lands or to parts and such decrees shall be the
basis for issuance of OCT in favor of the rightful owners which shall have the
same effect as CT granted in ordinary LR proceeding.
- In absence of successful claimants, property is declared public land.
CERTIFICATE OF TITLE
Voluntary or involuntary
Transaction (Voluntary)
o Sale
Act (Involuntary)
o Taxes
Liens or encumbrances
- Lien
o a charge on the property usually for the payment of some debt or
obligation.
o A qualified right or a proprietary interest which may b exercised over the
property of another.
o A right which the law gives to have a debt satisfied out of a particular
thing.
o Signifies a legal claim on property as a collateral or security for the
payment of some debt.
- Encumbrance
o A burden upon land, depreciative of its value, such as a lien, easement or
servitude which though adverse to the interest of landowner, does not
conflict with his conveyance of the land in fee.
SUBSEQUENT REGISTRATION
Voluntary Dealings
Formal Requirements
o Contracts are obligatory in whatever form they may have been entered into
provided all essential requirements for their validity are present.
o Requisites:
a. Consent of contracting parties
b. Object certain which is subject matter of contract and
c. Cause of obligation which is established
o Form is important for validity, convenience and enforceability
Other Dealings
o Mortgage and Leases
Rabaja
Look at fraud.
Violation of DUE PROCESS