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
forty-five 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.
 Notice of Initial Hearing
Section 23 directs the court, within 5 days from the filing of the
application, shall issue an order setting the date and hour of the
initial hearing which shall not be earlier than 45 days nor later
than 90 days from the date of the order.

The public shall be given notice of the initial hearing by means of:

a. Publication

b. Mailing

c. Posting

The requirement of giving notice by all the 3 modes is mandatory.

The notice of initial hearing is signed by the judge and copy of the
notice is mailed by the clerk of court to the LRA.
Republic vs. Manna Properties
GR. No. 146527; January 31, 2005
J. Carpio
 Publication
The procedure is denominated as in rem.
The proceeding requires constructive seizure of the land as
against all persons, including the State, who have rights or
interests in the property.
Constructive seizure of the land for registration is effected
through publication of the application for registration and
posting and services of notice to affected parties.
It requires that the application for registration be
accompanied by a plan of the land, with its description, and
that all the owners of the adjacent properties and all other
persons who may have an interest in the realty shall be
notified, which shall be published in the Official Gazette
AND in a newspaper of general circulation.
 Purpose of Publication

a. To confer jurisdiction upon the court over the res

b. To apprise the whole world of the pending

registration case so that they may assert their rights or
interests in the land, if any, and oppose the
application.
 Publication of notice of initial
hearing
• Upon receipt of the order of the court setting the case
for initial hearing, the Land Registration Administrator
shall cause the notice to be published once in the
Official Gazette AND once in a newspaper of general
circulation.

• The publication in the OG shall be sufficient to

confer jurisdiction upon the court.
 Heirs of Manuel Roxas and
Trinidad de Leon vda. De Roxas
vs. CA
GR. No. 118436; March 21, 1997
J. Romero
Director of Lands vs. CA and
Teodoro Abistado
GR. No. 102858; July 28, 1997
J. Panganiban
Absent any publication of the notice of initial hearing
in a newspaper of general circulation, the land
registration court cannot validly confirm and register
the title of the applicants.
For non-compliance with the requirement of
publication, the application may be dismissed, without
prejudice to reapplication in the future, after all the
legal requisites are complied with.
Publication in the OG does not dispense with the
requirement of notice by mailing and posting.
A proceeding in rem may be instituted and carried to
judgment, without personal service upon the
claimants, for jurisdiction is secured by the power of
the court over the res.

Personal notice is not necessary unless required by the

court. Section 23 states that “the court may also cause
notice to be served to such persons and in such
manner as it may deem proper.”
Maria del Consuelo Roxas vs.
Rafael Enriquez
GR. No. L-8539; December 24, 1914
J. Johnson
Before a survey can be amended so as to include land in
which no publication has been made, new publication is
necessary – a step essential to the the protection of persons
interested in the property which is intended to be included.
Where no publication has ever been made except the initial
publication, and this did not include the additional area,
the registration court had no jurisdiction over said area and
its adjudication to the applicant is a nullity.
But if the amendment consists in the exclusion of a portion of
the area covered by the original application and the original
plan as previously published, a new publication is not
necessary.
Victor Benin vs. Mariano
Tuason
GR. No. L-26127; June 28, 1974
J. Zaldivar

Adez Realty vs. CA

G.R. No. 100643. August 14, 1992
J. Bellosillo
 Effect of non- or defective
publication
Where there is no publication of the notice of initial
hearing, the decision of the land registration court is
void. The requirement of publication is one of the
essential bases of jurisdiction of the registration court;
it is a jurisdictional requisite.