Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), a
Determine if land is registrable or not
(Public agricultural land declared by
the government as alienable)
Yes No
Survey of land by Bureau of Lands or Registration cannot proceed
any duly licensed private surveyor
Filing of Application for registration by applicant
(at the Regional Trial Court of the province or city where the land is situated)
Land registration through judicial Land registration under Section 14 (2-4) of
confirmation of imperfect and the Property Registration Decree
incomplete title
(See requirements and limitations at Sec
14[1] of PD 1529, RA 9176 and Sec 48(b)
of CA 141, as amended
Acceptance of the application and setting the date and hour of the initial hearing
(The court shall within five days from filing 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 clerk of court shall admit to the Land Registration Authority a copy of the application, date of
initial hearing and other pertinent documents
The Land Registration Administrator shall notify the authorities concerned, persons named in the
registration and the public about the schedule of the initial hearing
([1]Publication in the OG and newspaper of general circulation; [2] Mailing of notices to authorities
concerned and persons named in the application within seven days after publication of said notice;
[3] Cause the posting of the notice by the sheriff or his deputy of the province or city where the land
or portion thereof is situated at least 14 days before the date of initial hearing)
Filing of Opposition or Answer
([1]By any person claiming an interest in the land applied for, whether named in the notice or not; [2]
the government, acting through the Office of the Solicitor General and represented by the Director of
Lands or Director of Forestry)
Hearing
The registration proceedings shall be disposed of within ninety days from the date the case is
submitted for decision
Judgment
The court shall decide if evidence and reports from the LRA and Director of Lands are sufficient to prove that a
title is proper for registration or not. However, an appeal may be filed by any party. Upon finality of judgment:
Yes No
The court shall order the The court shall not issue an order of
LRA to issue a decree of decree of registration
registration
Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), a
Issuance of Decree of Registration Step 1: Application
(The duty to issue the decree rests upon the LRA. However, its dutyWho may apply?
is ministerial in nature)
Note: This is the reckoning date of the 1-year period to impugn the validity of registration
1. Those in open, continuous, exclusive,
notorious possession of patrimonial
Sending of copy of the decree of registration tostate under bona fide claim of
property of
the corresponding Register of ownership
Deeds since June 12, 1945 or earlier;
2. Those who acquired ownership of private
landbook
Transcription of the decree of registration in the registration by prescription;
and issuance of owner’s
duplicate original certificate of title (OCT) by the Register of Deeds,who
3. Those upon acquired
payment ownership of private
of prescribed
fees lands by right of accretion;
4. Those who acquired ownership in any
manner provided for by law;
(1) Land registration through judicial
confirmation of imperfect and incomplete
title
(Original registration through ordinary
registration proceedings)
Distinct Conditions
As laid down in Sec 14(1) of PD 1529 and Sec 48(b)
of CA 141, as amended
1. The applicant is a Filipino citizen, a natural
person;
2. The applicant must prove that the land is
alienable and disposable;
3. The applicant or his predecessor in-interest
is in open, continuous, exclusive and
notorious possession and occupation of
the land under a bona fide claim of
ownership since June 12, 1945 or earlier.
Limitations
As laid down in RA 9176
1. The period to file for an application is until
December 31, 2020;
2. The area applied for shall not exceed 12
hectares;
3. All applications filed before the effectivity
of the abovementioned act shall be treated
as having been filed in accordance with the
provision thereof.
(2) Land registration under Section 14 (2-4) of
the Property Registration Decree
Distinct Conditions
1. The applicant may go on with the
registration even if the possession of the
land commenced on a date later than June
12, 1945. Provided that the property
being applied for falls within the
contemplation of a “private land by
prescription.”
2. The applicant who acquired the ownership
of a private land or abandoned riverbed by
Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), a
right of accession or accretion may go on Procedure
with the registration.
3. The applicant who acquired ownership in 1. The court shall within five days from filing
any other manner provided by law may go the application, issue an order setting the
on with the registration. date and hour of the initial hearing which
shall not be earlier than forty-five days nor
Forms and Contents later than ninety days from the date of the
order.
The application should be in writing, signed by the 2. The clerk of court shall admit to the Land
applicant or the person duly authorized in his Registration Authority a copy of the
behalf. It must be sworn to before any officer application, date of initial hearing and
authorized to administer oaths for the province or other pertinent documents
city where the application was actually signed. The 3. The Land Registration Administrator shall
application shall contain: give notice to the public about the
schedule of the initial hearing by means of:
1. Full description of the land as evidenced by a. Publication once in a newspaper of
a survey plan duly approved by the general circulation in the
Director of Lands, surveyor’s certificate, Philippines and once\ in the Official
and technical description; Gazettte especially addressing
2. Citizenship and civil status of the applicant; those persons appearing to have
3. Full names and addresses of all occupants an interest over the land involved
of the land and those of the adjoining including the adjoining owners and
owners; require them to appear in court to
4. Assessed value of the land, buildings and show cause why the application
improvements thereon; shall not be granted;
5. Whether or not there are mortgages or b. Mailing of notices to authorities
encumbrances of any kind whatsoever concerned and persons named in
affecting the land or any other person the application within seven days
having interest there in; after publication of said notice;
6. The manner by which the applicant has c. Cause the posting of the notice by
acquired the land; the sheriff or his deputy of the
7. Whether or not the property is conjugal, province or city where the land or
paraphernal or exclusive property of the portion thereof is situated. The
applicant; notice shall be posted on a
8. Original muniments of title and related conspicuous place on the bulletin
documents supporting applicant’s claim of board of the city, municipal or
ownership; provincial building fourteen days at
9. Whether or not the applicant claims any least before the date of initial
and what portion of the land bounded by a hearing.
public or private way. 4. LRA and the sheriff shall submit to the
court a certification of compliance to the
Step 2: Filing of the Application mandatory publication, mailing and posting
Where to file? of the schedule of the initial hearing of the
application.
The application shall be filed with the Regional Trial
Court of the province or city where the land is Step 4: Opposition
situated. Who may file?
What to file? 1. Any person claiming an interest in the land
applied for, whether named in the notice
The applicant shall file the following: or not may appear and file an opposition
on or before the date of initial hearing or
1. Application for land Registration; within such time as may be allowed by the
2. Muniments of titles or copies thereof; court.
3. Detailed survey plan of the land approved 2. The government, acting through the Office
by the Lands Management Bureau. of the Solicitor General and represented by
the Director of Lands or Director of
Step 3: Acceptance of the application and setting Forestry.
the date and hour of the initial hearing
Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), a
What to file?
The court may render judgment in accordance with
A signed and sworn document by the oppositor or the report of the referee as though the facts have
his duly authorized person must contain the been found by the judge himself.
following:
1. All the objections to the application;
2. The interest claimed; Step 6: Judgment
3. The remedy desired; Scope
4. A subdivision plan duly approved by the
Director of Lands, if the opposition claims All conflicting claims of ownership and interest in
that the portion of land is not properly the land which is the subject of the application
delimited, there is conflicting claims of shall be determined by the court. If evidence and
ownership on or possession between co- reports from the LRA and Director of Lands are
owners of an undivided property, or there sufficient to prove that a title is proper for
is an overlapping of boundaries. registration in favor of the applicant or the
oppositor, a judgment shall be rendered
If no person appears and answers within the time confirming the title to the land or portions (partial
allowed judgment) thereof.
1. Upon motion of the applicant, an order of When judgment becomes final?
default shall be released by the court. All
the world are enjoined and shall be Judgment rendered becomes final upon expiration
concluded by the default order (order of of fifteen days to be counted from the date of
general default). receipt of notice of judgment. However, an appeal
2. Once an order of default is issued, the may be taken from the judgment of the court as in
person who failed to appear and answer ordinary civil proceedings.
loses his standing in court. He cannot
appear, adduce evidence, be heard in court Effect of finality of judgment
or be entitled to notice. He cannot even
appeal from the judgment rendered by the After judgment has become final and executor, it
court unless he files a motion to set aside shall devolve upon the court to forthwith issue an
the order of default. However, this rule order for the issuance of decree of registration and
shall not apply to the government. the corresponding certificate of title in favor of the
person adjudged entitled to the registration.
If appearance has been entered and answer has
been filed However, court retains jurisdiction of the case until
after one year from the issuance of the final decree
A default order shall be entered against persons of registration. During this period, the court still
who did not appear and answer (order of special has the discretion to set aside its decision.
default).
Writ of Possession
Step 5: Hearing
Timeframe The person on whose the decree of registration is
favored may ask the proper court to issue a writ of
The registration proceedings shall be disposed of possession to be served by the sheriff for the
within ninety days from the date the case is delivery of the possession of the land from the
submitted for decision. person who has been defeated in a registration
proceeding or anyone who unlawfully and
Reference to a referee adversely occupying the land or any portion
thereof.
If the court deems it necessary, the case or any
part thereof may be referred to a referee. The Step 7: Issuance of Decree of Registration
referee shall have the following duties: Effect
1. Hear the parties and their evidence;
2. Set the venue of the hearing within the The decree shall bind the land and quiet title
province or city after reasonable notice to thereto, subject only to such exceptions or liens as
the parties; may be provided by law. It shall be conclusive
3. Submit a report to the court within fifteen upon and against all persons, including the
days after the termination of such hearing. government.
Ordinary Registration Proceedings, As Prescribed by CA 141 (Public Land Act), Act 496 (Land Registration Act), a
Duty of issuance of the decree of registration
conferred to the LRA
The duty to issue the decree rests upon the LRA.
However, his duty is ministerial in nature. He has
no authority to deviate from what is written in the
final judgment. The decree must be in conformity
with the decision of the court and with the data
found in the record.
Step 8: Issuance of the Certificate of Title
After the Register of Deeds received a copy of the
decree of registration, it shall act upon the entry of
the decree to the registration books and shall
forthwith issue a certificate of title to the rightful
owner.
