Land Titles - Cadastral Proceedings

8/10/2019 Land Titles - Cadastral Proceedings

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Cadastral Sytem of Land Registration

atty. jahmes


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Enabling Law

Act 2259, as amended.

PD 1529 Sec 35 - 38


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Characteristics/Purpose

When in the opinion of the President of

the Philippines public interest so

requires that title to any unregisteredlands be settled and adjudicated, he

may to this end direct and order the

Director of Lands to cause to be made a

cadastral survey of the lands involved

and the plans and technical description

thereof prepared in due form. Sec 35

a , PD1529


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Characteristics/Purpose

When public interest so requires that

title to any unregistered lands be settled

and adjudicated

To expedite the settlement and

adjudication of titles to properties.


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Nature of Proceedings

A proceeding in rem, initiated by the

filing of a petition for registration by the

government, and the persons claimingownership of the land subject thereof

are compelled to go to court to make

known and substantitate their claim or

interest therein.


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PROCEDURE-NNCPPAHDI

1. Notice of Cadastral Survey published

once in OG, posted, copy furnished the

mayor and barangay captain. 2. Notice of date of survey by BLM and

posting, marking of boundaries/setting

of monuments.


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PROCEDURE-NNCPPAHDI

3. Cadastral Survey

4. Filing of Petition

5. Publication*, Mailing, Posting. 6. Filing of Answer

7. Hearing

8. Decision

9. Issuance of Decree and OCT

Publication twice in successive OG issues.


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Filing of Petition

When the lands have been surveyed

or plotted, the Director of Lands,

represented by the Solicitor General,shall institute original registration

proceedings by filing the necessary

petition in the Court of First Instanceof the place where the land

(Sec. 36 PD 1529)


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Filing of Petition

is situated against the holders,

claimants, possessors, or occupants

of such lands or any part thereof,stating in substance that public

interest requires that the title to such

lands be settled and adjudicated andpraying that such titles be so settled

and adjudicated.

(Sec. 36 PD 1529)


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Contents of Petition

The petition shall contain a

description of the lands and shall be

accompanied by a plan thereof andmay contain such other data as may

serve to furnish full notice to the

occupants of the lands and to allpersons who may claim any right or

interest therein. (Sec. 37, PD 1529)


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Contents of Petition

Where the land consists of two or more

parcels held or occupied by different

persons, the plan shall indicate theboundaries or limits of the various

parcels as accurately as possible. The

parcels shall be known as "lots" and

shall on the plan filed in the case be

given separate numbers by the Director

of Lands, which numbers shall be

known as "cadastral lot numbers"


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Filing of Answer

Any claimant in cadastral

proceedings, whether named in the

notice or not, shall appear before thecourt by himself or by some other

authorized person in his behalf, and

shall file an answer on or before thedate of initial hearing or within such

further time as may be allowed by the

court. (Sec. 37, PD 1529)


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Contents of the Answer

Any claimant in cadastral

proceedings, whether named in the

notice or not, shall appear before thecourt by himself or by some other

authorized person in his behalf, and

shall file an answer on or before thedate of initial hearing or within such

further time as may be allowed by the

court. (Sec. 37, PD 1529)


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The answer shall be signed and

sworn to by the claimant or by some

other authorized person in his behalf,and shall state whether the claimant

is married or unmarried, and if

married, the name of the spouse andthe date of marriage, his nationality,

residence and postal address


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Age

Cadastral number of the lot or lots

claimed Name of the barrio and municipality

Names and addresses of the owners

of the adjoining lots


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If the claimant is in possession of the lots

claimed and can show no express grant of

the land by the government to him or to his

predecessors-in-interest, the answer shall

state the length of time he has held such

possession and the manner in which it has

been acquired, and shall also state thelength of time, as far as known, during

which the predecessors, if any, held

possession


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If the claimant is not in possession or

occupation of the land, the answer

shall fully set forth the interestclaimed by him and the time and

manner of his acquisition


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if the lots have been assessed for

taxation, their last assessed value.

he encumbrances, if any, affecting thelots and the names of adverse

claimants, as far as known


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Each answer must cover one

cadastral lot only. If two cadastral lots

or more are claimed by one personand the evidence to be submitted are

common to all the cadastral lots, the

respective answer must be related toone another.


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False Answer/Liability

Section 116. Whoever knowingly

swears falsely to any statement

required to be made under oath bythis Act shall be guilty of perjury and

liable to the penalties provided by law

for perjury. (Section 116, Act 496, )


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Effect of False Claim

The prosecution for falsification or

perjury is a proceeding in

personam which inquires into theliability of the accused, any

judgment will not affect the title of

the land.


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Hearing/Judgment

Like an ordinary registration

proceedings, parties are heard and

evidences are considered in acadastral case. In due time a

cadastral decree and certificate of

title to the adjudicated owner isissued.


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Hearing/Judgment

The trial of the case may occur at any

convenient place within the province

in which the lands are situated andshall be conducted, and orders for

default and confessions entered, in

the same manner as in ordinary landregistration proceedings and shall be

governed by the same rules.


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Hearing/Judgment

decrees awarded in favor of the

persons entitled to the lands or to parts

thereof and such decrees shall be thebasis for issuance of original certificates

of title in favor of said persons and shall

have the same effect as certificates of

title granted on application for

registration of land under ordinary land

registration proceedings. (Sec 38, PD

1529


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Actions during CC Trial

Decree The Judgment/Decision

adjudicating ownership of the land.

Declaration of Finality of Decree andOrder the LRA to issue the Certificate

of Title.

Registration of the decree by LRAand issuance of the Certificate of

Title.


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Notice of Decision to Parties

The duty of sending notice of decision

to interested parties devolves on the

Clerk of Court, and the period of appeal

is 15 days from the receipt of a copy

thereof.


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Nature/Effect of Judgment

A final judgment in a cadastral

proceeding, which is in rem, is binding

and conclusive upon the whole world.


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Powers of Cadastral Court

Cadastral Courts have jurisdiction to:

Adjudicate title to any claimant thereto:

Declare land a public land Order the correction of a technical

description.

Order the issuance of a new title in place ofthe title issued under voluntary registration

proceedings.

Resolve overlapping titles/Order partition.


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Cadastral Courts have jurisdiction to:

Adjudicate title to any claimant thereto:

Declare land a public land Order the correction of a technical

description.

Order the issuance of a new title in place ofthe title issued under voluntary registration

proceedings.

Resolve overlapping titles/Order partition.


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Cadastral Courts do not have the power

to determine and adjudicate title to a lot

already covered by a homestead patent

to a person other than a patentee.


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No jurisdiction to decree again the

registration of land already decreed in

an earlier land registration case. The

jurisdiction over lands already

registered is limited to the necessary

correction of technical errors in the

description of the lands.


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Does not have the power to award

damages but confined to the

determination as to whether the

claimants are really entitled to the lots

and the confirmation of title in their

name.


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Adjudication of land in cadastral cases

covered by the one year period in

Section 32 of PD 1529.


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Judgment as Public Land

G.R. No. L-35778 January 27, 1983,

Republic vs. Vera.


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Cost and Expenses

National government, provincial

government, and municipal

government pay each 1/10 of the costof registration proceedings, survey,

and monumenting,

remaining 7/10 taxed against the lots.


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vs. PD 1529

Nature of Registration: Compulsory

Applicant: Director of Lands

All class of lands included (vs.involves private land/public

agricultural lands if confirmation of

imperfect title.)

Landowners come as claimaint/Filing

of Answer


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vs. PD 1529

Government asks the court to settle

and adjudicate title of the lands (vs.

Petitioner comes to court to confirmhis title and seeks the registration of

the land in his name.)


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vs. PD 1529

Person who requests the survey is

the Government (Landowner)

If none of the applicants can provethat he is entitled to the land, the

same shall be declared public.

Land Titles - Cadastral Proceedings

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