LAND TITLE AND

DEEDS MODULE 3
 DISTINCTION BETWEEN
P.D.1529 AND C.A. NO. 141
PROPERTY REGISTRATION DECREE (P.D.1529) PUBLIC LAND ACT (C.A. NO, 141)

Date of Approval & Effectivity: June 11, 1978 Date of Approval: November 7, 1936
Date of Effectivity: December 1, 1936

Property Registration Decree presupposes the Public Land Act presupposes that the land subject of
existence of a title which is to be confirmed by the the application belongs to the State, and that the
court occupants and possessors claim interest only in the
same by virtue of their imperfect title Or continuous,
open, notorious possession.

The court may dismiss the application with or without The court has the power and jurisdiction to adjudicate
prejudice the land in favor of any of the conflicting claimants

The applicant runs the risk of the possibility of the The applicant runs the risk of losing the land subject
denial of his application of the application

While the goal at which the two laws finally arrive is the same, namely, a Torrens title, which aims at complete
extinguishment once and for all of rights adverse to the record title, one law containing certain advantages not
found in the other law, and similarly certain disadvantages, the two (2) laws provide different routes to travel to
attain the ultimate goal.
 JUDICIAL CONFIRMATION OF IMPERFECT
OR INCOMPLETE TITLES
Applicable Provisions and Amendments
05 04 03 02 01

Section 47 and 48 of the Public Land Act

Republic Act No. 1942 (

Republic Act No. 3872

Presidential Decree No. 1073

Republic Act No. 9176

 PUBLIC LAND ACT
SECTION PD 1073 amendment
47
The persons specified in the next “Sec. 47. The persons specified in the next following
following section are hereby granted
section are hereby granted time, not to extend beyond
time, not to extend beyond December
December 31, 1987 within which to take advantage of the
thirty-first, nineteen hundred and
thirty-eight, within which to take benefit of this chapter: Provided, That this extension shall
advantage of the benefits of this apply only where the area applied for does not exceed
chapter: Provided, That the several 144 hectares: Provided, further, That the several periods
periods of time designated by the of time designated by the President in accordance with
President in accordance with section section forty-five of this Act shall apply also to the lands
forty-five of this Act shall apply also to comprised in the provisions of this chapter, but this
the lands comprised in the provisions of section shall not be construed as prohibiting any time
this chapter, but this section shall not prior to the period fixed by the President.”
be construed as prohibiting any of said
persons from acting under this chapter
at any time prior to the period fixed by
the President.
PUBLIC LAND ACT
SECTION RA 9176 amendment

47
"Section 47. The persons specified in the next following
section are hereby granted time, not to extend beyond
December 31, 2020 within which to avail of the benefits
of this Chapter: Provided, That this period shall apply
only where the area applied for does not exceed twelve
(12) hectares: Provided, further, That the several periods
of time designated by the President in accordance with
Section Forty-Five of this Act shall apply also to the lands
comprised in the provisions of this Chapter, but this
Section shall not be construed as prohibiting any said
persons from acting under this Chapter at any time prior
to the period fixed by the President.
PUBLIC LAND ACT
SECTION RA 11573 amendment

47
Sec. 4. Section 47 of Commonwealth Act No. 141, as
amended by Republic Act No. 9176, is hereby repealed.
 SECTION

48
ORIGINAL VERSION IN CA 141
The following described citizens of the Philippines,
occupying lands of the public domain or claiming to own
any such lands or an interest therein, but whose titles
have not been perfected or completed, may apply to the
Court of First Instance of the province where the land is
located for confirmation of their claims and the issuance
of a certificate of title therefor, under the Land
Registration Act, to wit:
(a) Those who prior to the transfer of sovereignty from
Spain to the United States have applied for the purchase,
composition or other form of grant of lands of the public
domain under the laws and royal decrees then in force
and have instituted and prosecuted the proceedings in
connection therewith, but have, with or without default
upon their part, or for any other cause, not received title
therefor, if such applicants or grantees and their heirs
have occupied and cultivated said lands continuously
since the filing of their applications.
(b) Those who by themselves or through their
predecessors in interest have been in the open,
continuous, exclusive, and notorious possession and
occupation of agricultural lands of the public domain,
under a bona fide claim of acquisition or ownership,
except as against the Government, since July twenty-sixth,
eighteen hundred and ninety-four, except when
prevented by war or force majeure. These shall be
conclusively presumed to have performed all the
conditions essential to a Government grant and shall be
entitled to a certificate of title under the provisions of this
chapter.
 SECTION

48
RA 1942 amendment

(b) Those who by themselves or through their

predecessors in interest have been in the open,
continuous, exclusive, and notorious possession and
occupation of agricultural lands of the public domain,
under a bona fide claim of acquisition or ownership, for at
least thirty years immediately preceding the filing of
application for confirmation of title except when
prevented by war or force majeure.These shall be
conclusively presumed to have performed all the
conditions essential to a Government grant and shall be
entitled to a certificate of title under the provisions of this
chapter.
 SECTION

48
RA 3872 amendment

"(c) Members of the national cultural minorities who by

themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession
and occupation of lands of the public domain suitable to
agriculture, whether disposable or not, under a bona fide
claim of ownership for at least 30 years shall be entitled to the
rights granted in sub-section (b) hereof".
 SECTION

48
PD NO. 1073 amendment

Section 3. The judicial confirmation of incomplete titles to

public land based on unperfected Spanish grants such as
application for the purchase, composition or other forms
of grant of lands of the public domain under the laws and
royal decrees in force prior to the transfer or sovereignty
from Spain to the United States shall no longer be allowed.
However, this Section shall not be construed as
prohibiting any person claiming the same land from
acting under Section 48(b) and Section 48(c) if he meets
the conditions prescribed for judicial confirmation of his
incomplete title thereunder.

Section 4. The provisions of Section 48(b) and Section

48(c), Chapter VIII of the Public Land Act are hereby
amended in the sense that these provisions shall apply
only to alienable and disposable lands of the public
domain which have been in open, continuous, exclusive
and notorious possession and occupation by the applicant
himself or thru his predecessor-in-interest, under a
bonafide claim of acquisition of ownership, since June 12,
1945.
 SECTION

48
RA 11573 amendments

(a) Those who by themselves or through

their predecessors-in-interest have been in open,
Sec. 48. The following-described citizens of continuous, exclusive, and notorious possession
the Philippines, occupying lands of the public and occupation of alienable and disposable
domain or claiming to own any such lands or an agricultural lands of the public domain, under a
interest therein, but whose titles have not been bona fide claim of ownership, for at least twenty
perfected or completed, may file a petition at any (20) years immediately preceding the filing of the
time, whether personally or through their duly application for confirmation of title except when
authorized representatives, in the Regional Trial prevented by war or force majeure. They shall be
Court of the province where the land is located, conclusively presumed to have performed all the
for confirmation of their claims and the issuance conditions essential to a Government grant and
of a certificate of title to land not exceeding shall be entitled to a certificate of title under the
twelve (12) hectares: provisions of this Chapter.
“ “(b) Those who have acquired ownership of
private lands or abandoned riverbeds by right of
accession or accretion under the provision of
existing laws; and
“(c) Those who have acquired ownership of
land in any other manner provided by law.”
REQUISITES FOR AVAILMENT OF CHAPTER
VIII OF THE PUBLIC LAND ACT

(1) Applicant must be a Filipino citizen

(2) Must have, by himself or through his
predecessors-in-interest, possessed and occupied an
alienable and disposable agricultural portion of the
public domain
(3) Such possession and occupation must have been
open, notorious, continuous, exclusive, and in the
concept of owner, since June 12, 1945
(4) Application must be filed with the proper court
 REQUISITES FOR AVAILMENT OF CHAPTER
VIII OF THE PUBLIC LAND ACT

CASE:

Republic v. Alconaba, G.R. No. 155012, 4 April

2004

Doctrine: Only when an applicant proves the

following conditions acquire, by operation of law, “a
right to a grant, a government grant, without the
necessity of a certificate of title being issued:
● (a) That the land forms part of the disposable
and alienable agricultural lands of the public
domain
● (b) that he has been in an open, notorious,
continuous, and exclusive possession thereof,
under bona fide claim of ownership since
time immemorial or since June 12, 1945
 COMPLIANCE WITH ALL REQUIREMENTS
FOR A GOVERNMENT GRANT IPSO JURE
CONVERTS LAND TO PRIVATE PROPERTY

CASE:

Oh Cho v. Director of Lands, G.R. No. 48321,

31 August 1946.
DOCTRINE: RULE: All lands that were not acquired from the
Government, either by purchase or by grant, belong to the public
domain. EXCEPTION (recognized in this case): Any land that
should have been in the possession of an occupant and of his
predecessors-in-interest since time immemorial, for such
possession would justify the presumption that the land had never
been part of the public domain or that it had been a private
property even before the Spanish conquest.
● Applicant failed to meet the requisites under provisions of
PLA, hence he is not entitled to a decree of registration.
Additionally, he was an alien and therefore disqualified
from acquiring lands of public domain.
 LAND ACQUISITION BY PRIVATE
CORPORATIONS

Private corporations or associations may acquire land,

formerly part of alienable and disposable lands of the public
domain, from Filipino citizens who had possessed the same in
the manner and for the length of time indicated under
Chapter VIII of the Public Land Act. A private corporation may
institute confirmation proceedings over the land it acquired
from its predecessors- in-interest, who, by adverse possession
for more than 30 years had acquired thereof ipso jure,
enabling the latter to convey title to the corporation.

CASES:
Director of Lands v. Intermediate Appellate
Court and Acme Plywood & Veneer Co., Inc.,
G.R. No. 73002, 29 December 1986
Natividad v. Court of Appeals and Republic,
G.R. No. 88233, 4 October 1991
 LAND DECLARED PUBLIC LAND IN A
PREVIOUS REGISTRATION CASE MAY BE
THE SUBJECT OF JUDICIAL CONFIRMATION

A judicial declaration that a parcel of land is

public, does not preclude even the same
applicant from subsequently seeking a judicial
confirmation of his title to the same land,
provided he thereafter complies with the
provisions of Section 48 of Commonwealth Act
No. 141, as amended, and as long as said public
land remains alienable and disposable (now
Sections 3 and 4, P.D. No. 1073).
 DECISION OF THE CADASTRAL COURT
DECLARING AND AS PUBLIC LAND DOES
NOT CONSTITUTE RES JUDICATA

Res judicata applies when the issue does not

involved the declaration in the cadastral case
that the land is public, but even if the issue us
the declaration that the land is a public land,
res judicata may still set in if the application
for registration under CA 141 would still be
based on the same theory advanced in the
cadastral case, but which was denied therein.
 APPLICATION MUST CONFORM TO THE
REQUIREMENTS OF THE PROPERTY
REGISTRATION DECREE

Section 14 of PD 1529 requires that the application must be in

writing duly signed by the applicant. It must also be sworn by
the applicant or by his duly authorized representatives, and if
there is more than 1 applicant the application shall be signed
and sworn to by and on behalf of each. The full name,
citizenship, status, residence and post office address of the
applicant must be stated.
REGISTRATION UNDER
THE PROPERTY
REGISTRATION DECREE
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE
A. Who may apply

Section 14. Who may apply. The following persons may file in
the proper Court of First Instance an application for
registration of title of land, whether personally or through their
duly authorized representatives:

1. Those by themselves or through their

predecessors-in-interest have been in open, continuous,
exclusive and notorious possession and occupation of
alienable and disposable lands of the public domain
under a bona fide claim of ownership since June 12,
1945, or earlier.
2. Those who have acquired ownership of private lands by
prescription under the provision of existing laws.
3. Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion
under the existing laws.
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE
4. Those who are acquired ownership of land in any
other manner provided for by law.

Where the land is owned in common, all the co-owners

shall file the application jointly.

Where the land has been sold under pacto de retro, the
vendor a retro may file an application for the original
registration of the land, provided, however, that should
the period for redemption expire during the pendency of
the registration proceedings and ownership to the
property consolidated in the vendee a retro, the latter
shall be substituted for the applicant and may continue
the proceedings.

A trustee on behalf of his principal may apply for original

registration of any land held in trust by him, unless
prohibited by the instrument creating the trust.
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE
B. Section 14 (2) authorizes acquisition of
ownership by prescription

Among the public domain lands that are not susceptible

to acquisitive prescription are timber and mineral lands
since the Constitution itself proscribes private ownership
of such lands.

2 Kinds of Prescription

1. Ordinary acquisitive prescription

2. Extraordinary acquisitive prescription
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE
C. Acquisition of private lands or abandoned
river beds by right of accession or accretion

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, the owners of the
lands adjoining the old bed shall have the right to acquire
the same by paying the value thereof, which value shall
not exceed the value of the area occupied by the new bed.
(Article 461, Civil Code)
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE

The requirement that the deposit should be due

to the effects of the current of the river is
INDISPENSABLE. Alluvion must be the EXCLUSIVE
WORK OF NATURE. There must be evidence to prove
that the addition to the property was made gradually
through the effects of the current of the river.
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE

D. Acquisition of ownership in any other

manner provided by for law

Done through grants of the State by virtue of a

Presidential Proclamation, Congressional grant, or any
manner provided by law.
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE

INTERNATIONAL
HARDWOOD and VENEER
CO. v. UNIVERSITY OF THE
PHILIPPINES G.R. No. 521518,
13 August 1991.
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE
RULING:

It was held that when the Philippines ceded

and transferred the property to UP, it relinquished
and conveyed its rights over the area to UP. It
completely removed said land from the public
domain. Thus, UP became the owner of the land,
subject only to existing concession. The express
proviso regarding existing concessions refers to
the timber license of the petitioner, this means
that the right of Hardwood as a timber licensee
must not be affected, impaired or diminished; it
must be respected.
REGISTRATION UNDER THE
PROPERTY REGISTRATION
V
DECREE
BUT insofar as the Government is concerned, all
its rights as grantor of the license were effectively
assigned, ceded and conveyed to UP as a
consequence of the above transfer of ownership.
Having been effectively segregated and removed
from the public domain or from a public forest and, in
effect, converted into a registered private woodland,
the authority and jurisdiction of the Bureau of
Forestry over it were likewise terminated. Petitioner,
as licensee, may continue to cut, collect and remove
timber from the area ceded and transferred to UP
until its concession expires, BUT the forest charges
and royalties shall now be paid to the new owner, UP.
 REGISTRATION UNDER
REPUBLIC ACT NO. 11573
VI
Amendments
A. Shortened the required period of possession for
confirmation of imperfect titles and application
for agricultural free patent to 20 years (Section
2, RA No. 11573)

B. Removed the deadline for agricultural free

patent application (Section 3, RA No. 11573)

C. Procedure in the application before

CENRO/PENRO (Section 3, RA No. 11573)
 REGISTRATION UNDER R.A.
VI
No. 11573
A. Who may apply

B. Requirements

C. Proof that the land is Alienable and Disposable

D. Penalties
VI
Who may apply?
A. Natural- born citizen of PH
B. Not owner of more than 12 has. Of land

C. At least 20 years of occupation and cultivation

D. Land must be alienable and disposable
VI
Who may apply? (Section 6,
RA No. 11573)
A. Possessor for at least 20 years prior to
application

B. Those who acquired ownership by rights of

accession or accretion

C. Those who acquired ownership in any other

manner provided by the law
● Land under co-ownership
● Land sold under pacto de retro
● Trustee in behalf of the principal
 Requirements
VI
A. Application for land registration in writing,
signed by the applicant or the person
authorized in his behalf

B. All original muniments of titles or copies

thereof

C. A survey plan of the land approved by the

Bureau of Lands

Proof that the Land is

Alienable or Disposable
(Section 7, RA No. 11573)
A duly-signed certification by a duly designated
DENR geodetic engineer that the land is part of
alienable or disposable agricultural lands of public
VI
Penalties (Section 8, RA No.
11573)
A. In addition to penalties provided by RPC and
RA 8560 (Phil. Geodetic Engineering Act of
1998)

B. Who?: Geodetic engineer and the DENR official

who certified and approved

C. What?: Willfully or through gross inexcusable

negligence prepare a projection map that is
false, fraudulent, and contains incomplete data
or information
D. Penalty: Fine of P100k - P500k or imprisonment
of 6 months - 6 years, or both
REGISTRATION UNDER
THE INDIGENOUS
PEOPLES RIGHTS ACT
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
A. The Indigenous Peoples Rights Act
- approved October 29, 1997
- allows indigenous cultural communities
and indigenous peoples to obtain
recognition of their right of ownership
over ancestral lands and ancestral
domains by virtue of native title.
- For purposes of registration, the act
expressly converts ancestral lands into
public agricultural lands.
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
A. I. Constitutional Provision

Section 5, Article XII of the Constitution:

“SEC. 5. The State, subject to the provisions of this

Constitution and national development policies and
programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social, and cultural well-being.

The Congress may provide for the applicability of customary

law governing property rights or relations in determining
the ownership and extent of ancestral domain.”
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
A. II. Constitutionality of IPRA

Cruz v. Secretary of Environment and

Natural Resources, GR No. 135385
- challenged the constitutionality of RA No.
8371 or the IPRA of 1997, on the ground that
it amounts to an unlawful deprivation of
the State’s ownership over lands of the
public domain
- The Supreme Court, in a vote of 7-7, upheld
the constitutionality of the IPRA.
- In his separate opinion, Justice Puno said
that the IPRA is a novel piece of legislation.
 REGISTRATION UNDER THE
VIPROPERTY REGISTRATION
DECREE
B. Modes of Acquisition
The rights of the ICCs/IPs to their
ancestral domains and ancestral lands
may be acquired in two modes:
(a) by native title over both ancestral
lands and domains; or
(b) by Torrens title under the Public
Land Act and the Land Registration Act
(now Property Registration Decree)
with respect to ancestral lands only.
 REGISTRATION UNDER THE
VI PROPERTY REGISTRATION
DECREE
B. Modes of Acquisition
“SEC. 11. Recognition of Ancestral Domain Rights. — The rights of
ICCs/IPs to their ancestral domains by virtue of Native Title shall
be recognized and respected. Formal recognition, when solicited
by ICCs/IPs concerned, shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall recognize the title of
the concerned ICCs/IPs over the territories identified and
delineated.
“SEC. 12. Option to Secure Certificate of Title Under
Commonwealth Act 141, as amended, or the Land Registration
Act 496. –– Individual members of cultural communities, with
respect to their individually-owned ancestral lands who, by
themselves or through their predecessors-in-interest, have been
in continuous posses- sion and occupation of the same in the
concept of ownersince time immemorial or for a period of not
less than thirty (30) years immediately preceding the approval of
this Act and uncontested by the members of the same ICCs/IPs
shall have the option to secure title to their ancestral lands under
the provisions of Commonwealth Act 141, as amended, or the
Land Registration Act 496 (now Property Registration Decree).”
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
C. Resolution of Conflict
Cases of conflicting interest which can not be
resolved -> the NCIP shall hear and decide, after
notice to the proper parties
Conflict is between and/or among ICCs/IPs
regarding the traditional boundaries of their
respective ancestral domains -> customary
process
The NCIP shall promulgate the necessary rules
and regulations to carry out its adjudicatory
functions.

Appeals to decision of NCIP -> petition for

review to Court of Appeals
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
E. National Commission on Indigenous People

Creation

Sec. 38 of R.A. 8371 National Commission on

Indigenous Cultural Communities/Indigenous Peoples
(NCIP). — To carry out the policies herein set forth,
there shall be created the National Commission on
ICCs/IPs (NCIP), which shall be the primary
government agency responsible for the formulation
and implementation of policies, plans and programs
to promote and protect the rights and well-being of
the ICCs/IPs and the recognition of their ancestral
domains as well as the rights thereto.
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
E. National Commission on Indigenous People

Mandate

Sec. 39 of R.A. 8371 Mandate. — The NCIP shall protect

and promote the interest and well-being of the
ICCs/IPs with due regard to their beliefs, customs,
traditions and institutions.
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
E. National Commission on Indigenous People

Powers and Functions

Sec. 44 of R.A. 8731 Powers and Functions. — To

accomplish its mandate, the NCIP shall have the
following powers, jurisdiction and function:

(e) To issue certificate of ancestral land/domain title;

(m)To issue appropriate certification as a

pre-condition to the grant of permit, lease, grant, or
any other similar authority disposition, utilization,
management and appropriation . . .
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
D. Ancestral Domains Office
Creation and Responsibilities

Sec. 46(a) –

● Identification, delineation and recognition of

ancestral lands/domains.
● Management of ancestral lands/domains
● Issuance, upon the free and prior informed
consent of the ICCs/IPs concerned, certification
prior to the grant of any license, lease or permit
● assist the ICCs/IPs in protecting the territorial
integrity of all ancestral domains.
● perform such other functions as the Commission
may deem appropriate and necessary
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
F. Option to secure certificate of title under the Public
Land Act or the Property Registration Decree

For Purposes of Registration, IPRA Expressly Converts Ancestral Land

into Public Agricultural Land Sec. 12 of RA 8371. Option to Secure
Certificate of Title Under Commonwealth Act 141, as amended, or the
Land Registration Act 496

Individual members of cultural communities, with respect to their

individually-owned ancestral lands who, by themselves or through
their predecessors-in-interest, have been in continuous possession
and occupation of the same in the concept of owner since time
immemorial or for a period of not less than thirty (30) years
immediately preceding the approval of this Act and uncontested by
the members of the same ICCs/IPs shall have the option to secure title
to their ancestral lands
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
F. Option to secure certificate of title under the Public
Land Act or the Property Registration Decree

For this purpose, said individually-owned ancestral lands, which are

agricultural in character and actually used for agricultural,
residential, pasture, and tree farming purposes, including those with
a slope of eighteen percent (18%) or more, are hereby classified as
alienable and disposable agricultural lands.

The option granted under this section shall be exercised within

twenty (20) years from the approval of this Act.
 REGISTRATION UNDER THE
PROPERTY REGISTRATION
VI
DECREE
FORM AND CONTENTS,
DEALING WITH LAND
 FORM AND CONTENTS,
VII
DEALING WITH LAND
A. Section 15 of PD 1529
I. Form and contents of the application
B. Section 16 of PD 1529
I. Non-resident applicant
C. Section 17 of PD 1529
I. What and where to file
D. Section 18 of PD 1529
I. Application covering two or more parcels
E. Section 19 of PD 1529
I. Amendment
F. Section 20 of PD 1529
I. When land applied for borders on road
G. Section 21 of PD 1529
I. Requirement of additional facts and papers;
ocular inspection
H. Section 22 of PD 1529
I. Dealings with land pending original registration
 FORM AND CONTENTS,

VII
DEALING WITH LAND
PUBLICATION, OPPOSITION
AND DEFAULT
IX PUBLICATION, OPPOSITION
AND DEFAULT

A. Section 23 of PD 1529
I. Notice of initial hearing, publication, etc.
B. Section 24 of PD 1529
I. Proof of Publication and Notice
C. Section 25 of PD 1529
I. Opposition to application in ordinary
registration
D. Section 26 of PD 1529
I. Order of default, effect
NOTICE OF INITIAL
HEARING
 SETTING OF THE DATE FOR
IX
INITIAL HEARING
The duty and power to set the hearing date lies with
the land registration court. The said 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 45 days nor later than 90 days
from the date of the order.
 PUBLICATION AND NOTICE
IX
OF HEARING
Publication
Purpose:

1. Confer jurisdiction upon the court over the land applied

for upon the court
2. Charge the whole world of knowledge of the application
of the land involved, and invite them to take part in the
assent and prove their rights over the property subject
thereof

Publication in the Official Gazette is sufficient to confer

jurisdiction upon the court, but the absence of publication in a
newspaper of general circulation cannot validly, and register
the title of the applicant
 PUBLICATION AND NOTICE
IX
OF HEARING
Mailing

Within 7 days after the publication in the Official Gazette, the

LRA shall cause the mailing of the copy of notice to:

- Every person named in the notice of the initial hearing

whose name is known
- Government officials concerned in cases where the
applicant’s request to have the line of a public way or
road determined
- If the land borders on a river, navigable stream or shore,
or an arm of the sea where a river or harbor line has
been established, or on a lake, or if it appears that a
tenant-farmer or national government may have an
adverse claim
- Other such persons as directed by the court
 PUBLICATION AND NOTICE
IX
OF HEARING
Posting
At least 14 days before the date of the initial hearing, the LRA
shall cause the attested copy of the initial hearing to be posted
by the sheriff of the province or city or by his deputy in:

- A conspicuous place on each parcel of land included in

the application
- A conspicuous place on a bulletin board of the municipal
building of the municipality or city where the land or
portion of which is situated
 PROOF OF PUBLICATION AND
IX
NOTICE
The following must be presented and marked as evidence
before the start of the initial hearing to confer jurisdiction to the
court:
- Copy of Official Gazette containing notice of the initial
hearing
- Affidavit of publication executed by the editor of the
Official Gazette
- Copy of the newspaper of general circulation containing
the notice of the initial hearing
- Affidavit of publication of the editor of the newspaper
- Certification of the LRA administrator that notice of initial
hearing has been published and mailed to persons
concerned
- Certificate of the sheriff that the notice of initial hearing
was posted
 OPPOSITION TO APPLICATION IN
IX
ORDINARY REGISTRATION
Who may file?
Any person claiming an interest, whether or not named in the
notice, on or before the date of the initial hearing
 OPPOSITION TO APPLICATION IN
IX
ORDINARY REGISTRATION
Requisites for Opposition

- Objections to the application are set forth

- Oppositor must state the nature of his claimed interest
- Apply for the remedy desired
- Opposition must be signed and sworn to by the
oppositor or his duly authorized representative
 OPPOSITION TO APPLICATION IN
IX
ORDINARY REGISTRATION
Failure to file opposition
Person who has not opposed the application cannot claim
damage or error of the subsequent judgment

Absence of opposition by the government does not relieve the

applicant of the burden to prove that he is the absolute owner
IX
ORDER OF DEFAULT
Kinds of default
1. Order of General Default
- If no person appears and answers within the time
allowed, the court shall order a default to be entered and
require the applicant to present evidence
- Covers the whole world and binds the whole world
2. Order of Specific Default
- When an appearance has been entered and answer
filed, default order shall be entered against persons who
did not appear and answer
- Covers only those who did not enter their appearance na
d file their answer within the extension of time to do so
IX
ORDER OF DEFAULT
Effect of default
- Applicant has the right to present or adduce evidence
- Oppositor will have no legal standing to participate or
present evidence
HEARING, JUDGMENT AND
DECREE OF REGISTRATION
X HEARING, JUDGMENT AND
DECREE OF REGISTRATION

Section 27 of PD 1529

Section 27. SPEEDY HEARING; REFERENCE TO

A REFEREE. The trial court shall see to it that
all registration- proceedings are disposed or
within ninety days from the date the case is
submitted for decision,
X HEARING, JUDGMENT AND
DECREE OF REGISTRATION
The Court, if it deems necessary, may refer the case or
any part thereof to a referee who shall hear the
parties and their evidence, and the referee shall
submit his report thereon to the Court within fifteen
days after the termination of such hearing. Hearing
before a referee may be held at any convenient place
within the province or city as may be fixed by him and
after reasonable notice thereof shall have been served
the parties concerned. The court may render
judgment in accordance with the report as though
the facts have been found by the judge himself:
Provided, however, that the court may in its discretion
accept the report, or set it aside in whole or in part, or
order the case to be recommitted for further
proceedings.
SPECIFIC EVIDENCE OF
OWNERSHIP
XI SPECIFIC EVIDENCE OF
OWNERSHIP
A. Proof of ownership, generally
B. Survey plan
C. Possession and occupation
D. Tax Declaration; tax receipts
E. Section 28 of PD 1529
I. Partial Judgment
F. Section 29 of PD 1529
I. Judgment confirming title
G. Section 30 of PD 1529
I. When judgment becomes final
H. Section 31 of PD 1529
I. Decree of registration
XI SPECIFIC EVIDENCE OF
OWNERSHIP
A. Proof of ownership, generally

Under the Regalian doctrine, all lands not

otherwise appearing to be clearly within private
ownership are presumed to belong to the State.
Hence, all applicants in land registration
proceedings have the burden of overcoming the
presumption that the land thus sought to be
registered forms part of the public domain.
Unless the applicant succeeds in showing by
clear and convincing evidence that the property
involved was acquired by him or his ancestors by
any means for the proper acquisition of public
lands, the property must be held to be part of the
public domain.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
B. Survey plan

In land registration proceedings, the land must

be identified. The survey plan of the property
which shows the boundaries and total area
clearly identifying and delineating the extent of
the land, must be approved by the Bureau of
Lands.

Even if duly approved, however, the survey plan

is not entitled to credit if the survey plan shows
that the lots sought to be registered have areas
very much bigger than those indicated in the
tax declarations of the same lots.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
C. Possession and occupation

An applicant for confirmation of imperfect or

incomplete title must show Open Continuous
Exclusive Notorious possession and occupation
of the property in question, under a bona fide
claim of acquisition or ownership, since June 12,
1945 or earlier. The possession of the land since
June 12, 1945 or earlier does not apply to
Patrimonial Property. Prescription is the
recognized mode of acquiring ownership of
patrimonial property.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
D. Tax Declaration; tax receipts

Tax declarations or Tax receipts are Good

Indicia of Possession in the Concept of Owner.
In Director of Lands vs CA and Divinaflor, the
Supreme Court held, however, that although
tax declarations are good indicia of possession
in the concept of owner, it does not necessarily
follow that belated declaration of the same for
tax purposes negates the fact of possession,
especially in the case where there are no other
persons claiming interest in the subject lot.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
E. Section 28 of PD 1529
I. Partial Judgment
SECTION 28. Partial Judgment. — In a case where only
a portion of the land subject of registration is contested,
the court may render partial judgment provided that a
subdivision plan showing the contested and
uncontested portions approved by the Director of Lands
is previously submitted to said court.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
F. Section 29 of PD 1529
I. Judgment confirming title
SECTION 29. Judgment Confirming Title. — All conflicting
claims of ownership and interest in the land subject of the
application shall be determined by the court. If the court, after
considering the evidence and the reports of the Commissioner
of Land Registration and the Director of Lands, finds that the
applicant or the oppositor has sufficient title proper for
registration, judgment shall be rendered confirming the title of
the applicant, or the oppositor, to the land or portions thereof.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
G. Section 30 of PD 1529
I. When judgment becomes final
SECTION 30. When Judgment Becomes Final; Duty to Cause
Issuance of Decree. — The judgment rendered in a land
registration proceedings becomes final upon the expiration of
thirty days to be counted from the data of receipt of notice of
the judgment. An appeal may be taken from the judgment of
the court as in ordinary civil cases.

After judgment has become final and executory, it shall devolve

upon the court to forthwith issue an order in accordance with
Section 39 of this Decree to the Commissioner for the issuance
of the decree of registration and the corresponding certificate
of title in favor of the person adjudged entitled to registration.
XI SPECIFIC EVIDENCE OF
OWNERSHIP
H. Section 31 of PD 1529
I. Decree of registration
SECTION 31. Decree of Registration. — Every decree of registration issued by the
Commissioner shall bear the date, hour and minute of its entry, and shall be
signed by him. It shall state whether the owner is married or unmarried, and if
married, the name of the husband or wife: Provided, however, that if the land
adjudicated by the court is conjugal property, the decree shall be issued in the
name of both spouses. If the owner is under disability, it shall state the nature of
disability, and if a minor, his age. It shall contain a description of the land as finally
determined by the court, and shall set forth the estate of the owner, and also, in
such manner as to show their relative priorities, all particular estates, mortgages,
easements, liens, attachments, and other encumbrances, including rights of
tenant-farmers, if any, to which the land or owner's estate is subject, as well as
any other matters properly to be determined in pursuance of this Decree.

The decree of registration 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 National Government and all branches
thereof, whether mentioned by name in the application or notice, the same
being included in the general description "To all whom it may concern".
What is the most recent law on land
registration which introduced
amendments to CA 141 and PD 1529?

A Republic Act 9262 B Republic Act 8353

Republic Act 7877

C Republic Act 11573 D
What is the most recent law on land
registration which introduced
amendments to CA 141 and PD 1529?

A Republic Act 9262 B Republic Act 8353

Republic Act 7877

C Republic Act 11573 D
What is the most recent law on land
registration which introduced
amendments to CA 141 and PD 1529?

A Republic Act 9262 B Republic Act 8353

Republic Act 7877

C Republic Act 11573 D
What is the most recent law on land
registration which introduced
amendments to CA 141 and PD 1529?

A Republic Act 9262 B Republic Act 8353

Republic Act 7877

C Republic Act 11573 D
What is the most recent law on land
registration which introduced
amendments to CA 141 and PD 1529?

A Republic Act 9262 B Republic Act 8353

Republic Act 7877

C Republic Act 11573 D
What is the full name of the good professor
of 2F in Land Title and Deeds?

Marissa Dela Cruz-Galandines

A B Marissa Delo Santos-Galandines

Marissa Del Rosario-Galandines

C Marissa Dela Fuente-Galandines D
What is the full name of the good professor
of 2F in Land Title and Deeds?

Marissa Dela Cruz-Galandines

A B Marissa Delo Santos-Galandines

Marissa Del Rosario-Galandines

C Marissa Dela Fuente-Galandines D
What is the full name of the good professor
of 2F in Land Title and Deeds?

Marissa Dela Cruz-Galandines

A B Marissa Delo Santos-Galandines

Marissa Del Rosario-Galandines

C Marissa Dela Fuente-Galandines D
What is the full name of the good professor
of 2F in Land Title and Deeds?

Marissa Dela Cruz-Galandines

A B Marissa Delo Santos-Galandines

Marissa Del Rosario-Galandines

C Marissa Dela Fuente-Galandines D
What is the full name of the good professor
of 2F in Land Title and Deeds?

Marissa Dela Cruz-Galandines

A B Marissa Delo Santos-Galandines

Marissa Del Rosario-Galandines

C Marissa Dela Fuente-Galandines D
It is the primary government agency responsible for
the formulation and implementation of policies, plans
and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as the rights thereto.

A Commission on Elections B Commission on Audit

National Commission on
C Commission on Human Rights D Indigenous People
It is the primary government agency responsible for
the formulation and implementation of policies, plans
and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as the rights thereto.

A Commission on Elections B Commission on Audit

National Commission on
C Commission on Human Rights D Indigenous People
It is the primary government agency responsible for
the formulation and implementation of policies, plans
and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as the rights thereto.

A Commission on Elections B Commission on Audit

National Commission on
C Commission on Human Rights D Indigenous People
It is the primary government agency responsible for
the formulation and implementation of policies, plans
and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as the rights thereto.

A Commission on Elections B Commission on Audit

National Commission on
C Commission on Human Rights D Indigenous People
It is the primary government agency responsible for
the formulation and implementation of policies, plans
and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as the rights thereto.

A Commission on Elections B Commission on Audit

National Commission on
C Commission on Human Rights D Indigenous People
Who is the current National Commission on Indigenous
People (NCIP) chair?

Jose Luis Martin C. Gascon

A B Gaspar A. Cayat

Alicia Dela Rosa-Bala

C Allen A. Capuyan D
Who is the current National Comission on Indigenous
People (NCIP) chair?

Jose Luis Martin C. Gascon

A B Gaspar A. Cayat

Alicia Dela Rosa-Bala

C Allen A. Capuyan D
Who is the current National Comission on Indigenous
People (NCIP) chair?

Jose Luis Martin C. Gascon

A B Gaspar A. Cayat

Alicia Dela Rosa-Bala

C Allen A. Capuyan D
Who is the current National Commission on Indigenous
People (NCIP) chair?

Jose Luis Martin C. Gascon

A B Gaspar A. Cayat

Alicia Dela Rosa-Bala

C Allen A. Capuyan D
Who is the current National Commission on Indigenous
People (NCIP) chair?

Jose Luis Martin C. Gascon

A B Gaspar A. Cayat

Alicia Dela Rosa-Bala

C Allen A. Capuyan D
Due to the amendments made in RA 11573, how many years
is now the requirement for possession?

A 30 years B 100 years

50 years
C 20 years D
Due to the amendments made in RA 11573, how many years
is now the requirement for possession?

A 30 years B 100 years

50 years
C 20 years D
Due to the amendments made in RA 11573, how many years
is now the requirement for possession?

A 30 years B 100 years

50 years
C 20 years D
Due to the amendments made in RA 11573, how many years
is now the requirement for possession?

A 30 years B 100 years

50 years
C 20 years D
Due to the amendments made in RA 11573, how many years
is now the requirement for possession?

A 30 years B 100 years

50 years
C 20 years D