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CADASTRAL REGISTRATION PROCEEDINGS
PURPOSE:
• Another means to bring lands under operation of Torrens System
• Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and accelerate registration
• Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titles
NATURE OF PROCEEDINGS:
• In rem
• No defendant & no plaintiff
• Compulsory
PROCEDURE:
1. CADASTRAL SURVEY
• In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated
• Order Director of Lands to make survey and plan
• Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in OG and posted in conspicuous place on lands to be surveyed
• Geodetic engineers commences survey
• During survey, boundaries are marked by monuments
2. FILING OF PETITION
• After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders, claimants, possessors, occupants
• Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
• Court to order date of hearing
• LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated by law
4. FILING OF ANSWER
• Any person claiming interest in any part of lands subject to petition is required to file answer
• Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant – no of years in possession
f. If not in possession – state interest claimed
g. If assessed of taxation – assessed value
h. Any encumbrances affecting said lots
5. HEARING OF CASE
• In any convenient place where land lies
• Like an ordinary RTC trial
• Conflicting claims are determined
• Lots claimed are awarded to persons entitles – if they could prove title
• If none could prove title – land is declared public domain
6. DECISION
• Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
• Upon order of court, LRA to enter decree of registration
• Decree made basis for issuance of OCT
• Decree is now being directly prepared and issued on regulation forms of such certificate
NATURE OF TITLE COVERED BY 2 ACTS:
• Title in good faith & for value
• Errors in plan do not annul decree of registration
• Cancellation & correction are permitted
LAND ALREADY REGISTERED
• Jurisdiction is limited only to correction of technical errors
• Court cannot issue decree on land already decreed
• Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered land to be registered again in name of another
• Jurisdiction subsists to all incidental matters
PURPOSE:
• Another means to bring lands under operation of Torrens System
• Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and accelerate registration
• Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titles
NATURE OF PROCEEDINGS:
• In rem
• No defendant & no plaintiff
• Compulsory
PROCEDURE:
1. CADASTRAL SURVEY
• In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated
• Order Director of Lands to make survey and plan
• Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in OG and posted in conspicuous place on lands to be surveyed
• Geodetic engineers commences survey
• During survey, boundaries are marked by monuments
2. FILING OF PETITION
• After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders, claimants, possessors, occupants
• Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
• Court to order date of hearing
• LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated by law
4. FILING OF ANSWER
• Any person claiming interest in any part of lands subject to petition is required to file answer
• Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant – no of years in possession
f. If not in possession – state interest claimed
g. If assessed of taxation – assessed value
h. Any encumbrances affecting said lots
5. HEARING OF CASE
• In any convenient place where land lies
• Like an ordinary RTC trial
• Conflicting claims are determined
• Lots claimed are awarded to persons entitles – if they could prove title
• If none could prove title – land is declared public domain
6. DECISION
• Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
• Upon order of court, LRA to enter decree of registration
• Decree made basis for issuance of OCT
• Decree is now being directly prepared and issued on regulation forms of such certificate
NATURE OF TITLE COVERED BY 2 ACTS:
• Title in good faith & for value
• Errors in plan do not annul decree of registration
• Cancellation & correction are permitted
LAND ALREADY REGISTERED
• Jurisdiction is limited only to correction of technical errors
• Court cannot issue decree on land already decreed
• Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered land to be registered again in name of another
• Jurisdiction subsists to all incidental matters
