Sec.

14

WHO MAY APPLY

(2)Those who have acquired ownership of private lands by prescription under the provisions of existing laws. GR: Properties of public dominion cannot be acquired by prescription. Prescription does not run against the State. XPN: Where the law itself so provides. Patrimonial property of the State may be the subject of acquisition through prescription. Legal basis: Art. 1113 of the Civil Code Patrimonial property lands of public dominion, which has been expressly declared by the government as alienable or disposable and no longer intended for public service or the development of the national wealth. Note: The applicant has the right to register the private land under Sec. 14 (2) even if the possession thereof for the required prescriptive period commenced on a date later than June 12, 1945. PRESCRIPTION One acquires ownership & other real rights through the lapse of time in the manner and under the action lay down by law. Prescription & laches, distinguished. Former is concerned with the fact of delay while the latter is concerned with the effect of delay. 2 Kinds of Acquisitive Prescription: 1. Ordinary acquisitive prescription a person acquires ownership of a patrimonial property through possession for at least 10 years, in good faith & with just title. Good faith possessor has reasonable belief that the person from whom he received the thing was the owner thereof, & could transmit his ownership. Possession consists in the manifestation of acts of dominion over it of such a nature as a party would naturally exercise over his own property.

(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 & notorious possession & occupation of alienable & disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. Pertains to original registration through ordinary registration proceedings.

REQUISITES: 1. Land applied for is an agricultural public land classified as alienable & disposable land; 2. Application for registration is filed with the proper court; 3. Applicant, by himself or through his predecessors-in-interest, has been in open, continuous, exclusive & notorious possession &occupation under a bona fide claim of ownership; 4. Such possession & occupation has been effected since June 12, 1945 or earlier. Note: Sec. 14 (1) merely requires the property sought to be registered as already alienable & disposable at the time the application for registration of title is filed. (Republic vs. CA & Naguit; reiterated in Malabanan vs. Republic) Rule is different with non-agricultural lands, i.e. forest lands. Unless & until it an official proclamation reclassifying and considering it as part of the disposable agricultural lands of public domain, it cannot be alienated in favor of private persons/entities.

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2. Extraordinary acquisitive prescription a persons uninterrupted adverse possession of patrimonial property for at least 30 years, regardless of good faith or just title, ripens into ownership pursuant to Art. 1137 of the Civil Code. (3)Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. Under Article 461 of the Civil Code, river beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof; w/c value shall not exceed the value of the area occupied by the new bed. Ownership by right of accretion along river banks Article 457 of the Civil Code provides that to the owners of lands adjoining the banks of rivers belong the accretion w/c they gradually receive from the effects of the current of the waters. REQUISITES: 1. Deposit be gradual & imperceptible; 2. It be made through the effects of the current of the water; 3. Land where accretion takes place is adjacent to the banks of rivers. Note: In the absence of evidence, presumption is that the change was gradual and caused by accretion & erosion. Accretion to ones land w/c used to pertain to anothers estate covered by a Torrens certificate of title cannot preclude the former from being the owner thereof.

Accretion along the creeks, streams and lakes

banks

of

*Article 84 of the Spanish Law Waters of 1866 applies. GR: Alluvial deposits along the banks of creeks, streams and lakes do not form part of the public domain. It automatically belongs to the owner of the estate to which it may have been added. XPN: Alluvial formation along the seashore forms part of the public domain. The State shall grant these lands to the adjoining owners only when they are no longer washed by the waters of the sea and is not necessary for purposes of public utility, establishment of special industries or coast-guard service. Formal declaration from the government is necessary. RESTRICTION on the GR: The owner of the adjoining property must register the same under the Torrens system. Otherwise, the alluvial property may be subject to acquisition through prescription by third persons. Note: a. Alluvion must be the exclusive work of nature. (indispensable requisite) b. Accretion does not automatically become registered land just because the land w/c receives it is covered by a Torrens title. Reason for the LAW ON ACCRETION To compensate the riparian owner for the danger of loss that he suffers because of the location of his land since rivers are exposed to floods & other evils produced by the destructive force of waters. (4)Those who have acquired ownership of land in any other manner provided for by law. Either a statute or executive act.

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Lands covered by reservation for a specific public purpose by Presidential proclamation are not subject to entry, and no lawful settlement on them can be acquired. Grantee of a land grant through a Presidential proclamation and by legislative act may apply for the registration of the land & bring it under the operation of Torrens system. Private corporations are not qualified to acquire alienable lands of the public domain (Sec. 3, Article XII 1987 Constitution) Private corporations or associations may not hold such alienable lands of public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, & not to exceed one thousand hectares in area.

church properties that come to their possession, & w/c they hold in trust for the church. Thus, church properties acquired by the incumbent of a corporation sole pass, by operation of law, upon his death not to his personal heirs but to his successor in office. Vested rights A right is vested when the right to enjoyment, present or prospective, has become the property of some particular person or persons as a present interest. It is some right or interest in property w/c has become fixed & established & is no longer open to doubt/controversy. It cannot be impaired by subsequent law or even the Constitution, except in a legitimate exercise of the police power. Purely accidental circumstances that confirmation proceedings were brought under the aegis of a subsequent law w/c forbids corporations from owning lands of the public domain cannot defeat a right already vested before that law came into effect, or invalidate transactions then perfectly valid and proper (Director of Lands vs. IAC & Acme Plywood & Veneer Co., Inc.). Note: Sec. 14 also provides: a. Co-owners shall file application jointly; b. A land that has been sold under pacto de retro may be applied for registration by the vendor a retro, provided, however, that should the period for redemption expire during the pendency of the registration proceedings & ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant & may continue the proceedings. c. A trustee may apply for original registration on behalf of his principal of any land held in trust by him, unless

Purpose of prohibition: The constitutional intent is to transfer ownership of only a limited area of alienable land of public domain to a qualified individual. Likewise, it strengthens the constitutional limitation on individuals from acquiring more than the allowed area of alienable lands of the public domain. The corporation is a convenient vehicle to circumvent the said constitutional limitation. XPN: A corporation sole is qualified to apply for registration. (Roman Catholic Apostolic Administrator of Davao vs. Land Registration Commission) Corporation sole It is a special form of corporation with the clergy. This legal creation was designed to facilitate the exercise of the functions of ownership carried on by the clerics for and on behalf of the church w/c was regarded as the property owner. Bishops or archbishops, as corporation sole are merely administrators of the Notes of OLIVA, MARIA CARISA/2B UST Faculty of Civil Law

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prohibited by the instrument creating the trust. Sec. 15 FORM & CONTENTS

g. WON the property is conjugal, paraphernal or exclusive property of the applicant; h. Names of all occupants of the land, if any; i. Original muniments of title & other related documents supporting applicants claim of ownership; j. If the land is bounded by a public/private way/road, WON applicant claims any & what portion of the land within the limits of the way/road, & whether the applicant desires to have the line of the way/road determined. Manual of Instructions to be observed by Clerks or Court of RTC in Ordinary & Cadastral Land Registration Cases (issued by the LRA, Feb. 20, 1991) Application for registration shall be filed in the ff. form: a. In accordance with the form prescribed in Sec. 15, PD 1529; b. Application & its accompanying papers be file in triplicate: i. Original Clerk of Court ii. Duplicate LRA iii. Triplicate Solicitor General c. A copy of the application & its annexes must be furnished to the Regional Executive Director of the DENR prior to its filing. It must be accompanied by the ff. documents: a. Original plan (in tracing cloth/Diazo polyester film) duly approved by the Regional Technical Director, Land Mgt. Service of the DENR; b. White/blue print copies of the plan; c. Original & two copies of the technical descriptions certified by the Regional Technical Director/the official so authorized (not merely signed by the Geodetic Engineer);

This section requires that the application for land registration be: 1. In writing; 2. Signed by the applicant/the person duly authorized in his behalf; 3. Sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. In case of more than one applicant, it shall be signed & sworn to by and in behalf of each; 4. It shall provide information on the ff: a. Full description of the land as evidenced by a survey plan duly approved by the Dir. of Lands, surveyors certificate & technical description; b. Citizenship & civil status of the applicant (single/married) i. If married, name of wife/husband ii. If marriage has been legally dissolved, when & how was it terminated; c. Full names & addresses of all occupants of the land & those of the adjoining owners (if known). If not known, state the extent of search made to find them; d. Assessed value of the land & the buildings & improvements thereon; e. WON there are mortgages/encumbrances of any kind affecting the land, or any other person having any interest therein, legal or equitable, or in possession thereof; f. Manner by w/c the applicant has acquired the land (refer to Sec. 14, PD 1529);

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d. Original & two copies of the Geodetic Engineers certificate or a certification from the Regional Technical Director as to its non-availability; e. Certificate in triplicate of the Provincial, City or Municipal Assessor of the assessed value of the land at its last assessment for taxation or, that of the next preceding year. In case the land has not been assessed, an affidavit in triplicate (Judicial Form No. 81) of the market value of the land signed by 3 disinterested witnesses f. All original muniments of title of the applicant w/c prove his ownership of the land. (not mandatory) Note: Original tracing cloth plan is no longer forwarded to the LRA. Sec. 16 NON-RESIDENT APPLICANT

Sec. 18 APPLICATION COVERING TWO/MORE PARCELS A single application may be filed for 2 or more parcels of land belonging to the same applicant provided that they are situated in the same province or city. Sec. 19 AMENDMENTS

The court may at any time order the splitting or striking out of one or more parcels, or allow amendments to the application, including joinder, substitution or discontinuance as to parties upon such terms as may be just & reasonable. Substantial amendment of boundaries or area requires publication & notice as in the case of an original application Rationale: Publication is one of the essential bases of the jurisdiction of the court in land registration & cadastral cases. Additional territory cannot be included by amendment of the plan without new publication. The law would be infringed with respect to the publicity w/c characterizes the procedure, & rights of third parties who have not had an opportunity to present their claims might be seriously affected through failure of opportune notice. On the contrary, if the amendment involves a reduction of the original area that was published, no new publication is required. Sec. 20 WHEN LAND APPLIED FOR BORDERS ON ROAD

Non-resident applicant may be represented by an attorney-in-fact. Service of all papers & other legal processes shall be made upon said representative/attorney-infact with the same effect as if made upon the applicant himself. Sec. 17 WHAT & WHERE TO FILE

Where to file: Regional Trial Court of the province or city where the land is situated. (Sec. 2, PD 1529) XPN: first level courts (MeTC, MTC in cities, MTC & Municipal Circuit Trial Courts) may also be assigned to handle registration cases. What to file: Applicant shall file together with the application: i. all original muniments of titles/copies thereof; ii. survey plan of the land approved by the Lands Mgt. Bureau Note: Applicant must furnish the Director of Lands with a copy of the application & all its annexes. Otherwise, the clerk of court shall not accept it.

*Limitation on the registered owners absolute title over the property. If the application describes the land as bounded by a public/private way/road, it shall state whether or not:

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i. ii.

Applicant claims any & what portion of the land within the limits of the way/road; Applicant desires to have the line of the way/road determined.

Whatever may be the nature of the transaction, the law only requires: i. Interested party to submit to the court pertinent instruments evidencing the transaction and a motion that the same be considered in the final adjudication of the case; Notice to the parties.

GR: Every registered owner receiving a certificate of title issued pursuant to a decree of registration & every subsequent purchaser of registered land for value & in good faith shall hold the same free from all encumbrances. (Sec. 44 of the Property Registration Decree) XPN: Those which are noted in the certificate of title, or those encumbrances enumerated in the law such as public highways/private ways, government irrigation canals/lateral thereof. Sec. 21 REQUIREMENT OF ADDITIONAL FACTS & PAPERS Additional facts, in addition to those prescribed by this Decree not inconsistent therewith, may be required by the court to be stated in the application. It may, likewise, require filing of any additional papers. It may conduct an ocular inspection if necessary.

ii.

Upon notice to the parties, the court shall: a. Order the land registered subject to the conveyance/encumbrance created by such instruments; or b. Order that the decree of registration be issued in the name of the person to whom the property has been conveyed. Note: Adjudication of land does not become final, in the sense of incontrovertibility, until after one year after entry of the final decree prepared by the LRA. Sec. 23 NOTICE OF INITIAL HEARING, PUBLICATION, ETC.

Purpose: To determine propriety of the application for registration & to ensure that the issuance of a new certificate of title will not conflict with a valid & existing certificate of title. Sec. 22 DEALINGS W/LAND PENDING ORIGINAL REGISTRATION This section allows land subject of registration to be dealt with after the filing of the application & before the issuance of decree. Dealings or transactions entered into pending registration do not require amendment of application. (Mendoza vs. CA) Notes of OLIVA, MARIA CARISA/2B UST Faculty of Civil Law

The court shall issue an order setting the date & hour of the initial hearing (w/c shall not be earlier than 45 days nor later than 90 days from the date of the order) within 5 days from filing of the application. Public shall be given notice of the initial hearing by means of: a. Publication b. Mailing c. Posting Purpose of notice by all three modes: To strengthen the Torrens system through safeguards to prevent anomalous titling of real property. Note: The requirement of giving notice by all three modes is mandatory. It is the LRA who issues the notice. Two-fold purpose of publication

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1. To confer jurisdiction upon the court over the res; 2. To apprise the whole world of the pending registration case so that they may assert for their rights or interests in the land, if any, and oppose the application, if so minded. Publication of notice of initial hearing The Land Registration Administrator shall cause the notice to be published once in: a. Official Gazette sufficient to confer jurisdiction upon the court. b. Newspaper of general circulation indispensable procedural requirement. Note: Land registration is a proceeding in rem & jurisdiction in rem cannot be acquired unless there be constructive seizure of the land through publication & service of notice. Mere defect of publication deprives the court of jurisdiction. However, lack of personal notice does not vitiate the land registration proceedings because it is not a proceeding in personam. Mailing

national government, may have a claim adverse to the applicant. Note: The SG is bound to represent the Government in all land registration proceedings pursuant to the Administrative Code of 1987. Posting

LRA Administrator shall cause a duly attested copy of the notice to be posted by the Sheriff in a conspicuous place on the bulletin board of the municipality/city in w/c the land is situated. Note: WON the requirement of posting, particularly on the land itself has been complied with is an important issue w/c cannot just be lightly disregarded. (Justice Agcaoili) Sec. 24 PROOF OF PUBLICATION & NOTICE

Certification by the LRA Administrator (as to the fact of publication & mailing) & that of the sheriff (as to posting) shall be filed in the case before the initial hearing, & shall be conclusive proof of such fact. Sec. 25 OPPOSITION TO APPLICATION IN ORDINARY PROCEEDING Requisites for opposing application: a. Oppositor must have an interest in the land applied for; b. He should state the grounds for his objection as well as the nature of his claimed interest; c. He should indicate the desired relief; d. Opposition should be signed & sworn to by him or by his duly authorized representative. Nature of interest to support opposition Any person, whether named in the notice or not, may appear & file an opposition based on Page 7

a. To persons named in the application LRA Administrator shall cause a copy of the notice to be mailed to every person named in the notice whose address is known w/in 7 days after publication in the Official Gazette of notice of initial hearing. b. To the Secretary of Public Works & Highways, Governor & Mayor if the applicant requests to have the line of a public way/road determined. c. To the Secretary of Agrarian Reform, Solicitor General, Director of Lands, etc. If the land borders on a river, navigable stream/shore, or an arm of the sea, or if it otherwise appears that a tenant-farmer, or the Notes of OLIVA, MARIA CARISA/2B UST Faculty of Civil Law

the right of dominion or some other real right opposed to the adjudication/recognition of the ownership of the applicant (limited/absolute). Effect of failure to file opposition A person who has not challenged an application for registration of land even if the appeal afterwards interposed is based on the right of dominion over the same land cannot allege damage/error against the judgment ordering the registration. Likewise, a claimant having failed to present his answer/objection to the registration of a parcel of land under the Torrens system/to question the validity of such registration w/in a period of 1 year after the certificate of title had been issued, is deemed to have forever lost his right in said land even granting that he had any right therein. Opposition by the government Absence of opposition does not justify outright registration. The presumption is that all lands belong to the State. The applicant has the burden of proving his imperfect right or fee simple title to the land applied for. Failure of the government to file an opposition, despite receipt of notice, does not deprive it of its right to appeal a decision adjudicating the land as private property. The Republic, or its government, is usually not estopped by the mistake or error of its agents. Note: Only the Solicitor General can bring or defend actions on behalf of the Republic of the Philippines. Except in some cases where provincial or city prosecutors are deputized to assist in the discharge of its functions. A private person may not file opposition for the government. The interests of the government cannot be represented by private persons. *Motion to dismiss based on res judicata is proper in a registration proceeding. Defense Notes of OLIVA, MARIA CARISA/2B UST Faculty of Civil Law

of res judicata may be waived if not set up in a motion to dismiss. Submission of subdivision plan approved by the Director of Lands) (duly

The registration court may require submission of subdivision plan if: a. The opposition or adverse claim covers only a portion of the lot applied for w/c is not delimited on the plan accompanying the application; b. In case of undivided co-ownership, conflicting claims of ownership/possession, or overlapping of boundaries. Sec. 26 ORDER OF DEFAULT (EFFECT)

Order of general default (interlocutory in character) If no person appears & answers within the time allowed, the court shall, upon motion of the application, order a default to be entered & require the applicant to present evidence. By description in the notice To all whom it may concern, all the world are made parties defendant & shall be concluded by the default order. Motion to lift order of general default should be filed before entry of final judgment. Order of special default When an appearance has been entered & answer filed, a default order shall be entered against persons who did not appear & answer. Note: A defendant party declared in default retains the right to appeal from the judgment by default even without prior filing of a motion to set aside the order of default. (Martinez vs. Republic)

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