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Section 1.: Title of Decree

This decree establishes the Land Registration Commission to oversee land registration. Key points: 1) The Commission is led by a Commissioner and Deputy Commissioner, appointed by the President, and will take over land registration duties from courts. 2) It will establish Registries of Deeds to handle land recordation closer to where people live. Each registry will be led by a Register of Deeds. 3) The Commission is tasked with implementing land registration orders efficiently and establishing rules to accelerate land reform programs.

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Pierre Macalino
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0% found this document useful (0 votes)
66 views11 pages

Section 1.: Title of Decree

This decree establishes the Land Registration Commission to oversee land registration. Key points: 1) The Commission is led by a Commissioner and Deputy Commissioner, appointed by the President, and will take over land registration duties from courts. 2) It will establish Registries of Deeds to handle land recordation closer to where people live. Each registry will be led by a Register of Deeds. 3) The Commission is tasked with implementing land registration orders efficiently and establishing rules to accelerate land reform programs.

Uploaded by

Pierre Macalino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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All instruments affecting lands originally privileges as those of a Judge of the Court of

registered under the Spanish Mortgage Law First Instance.


Section 1. Title of Decree. This Decree shall
may be recorded under Section 113 of this
be known as the PROPERTY The Deputy Commissioner, shall have the
Decree, until the land shall have been
REGISTRATION DECREE. same qualifications as those required of the
brought under the operation of the Torrens
Commissioner, shall receive compensation
Section 2. Nature of registration system.
which shall be three thousand pesos per
proceedings; jurisdiction of courts. Judicial
The books of registration for unregistered annum less than that of the Commissioner.
proceedings for the registration of lands in
lands provided under Section 194 of the
the Philippines shall be in rem and shall be The Deputy Commissioner shall act as the
Revised Administrative Code, as amended
based on the generally accepted principles Commissioner of Land Registration during
by Act Nlo. 3344, shall continue to remain in
underlying the Torrens system. the absence or disability of the
force; provided, that all instruments dealing
Commissioner and when there is a vacancy
Courts of First Instance shall have exclusive with unregistered lands shall henceforth be
in the position until another person shall have
jurisdiction over: registered under Section 113 of this Decree.
been designated or appointed in accordance
(1) All applications for original THE LAND REGISTRATION with law.
registration of title to lands, including COMMISSION AND ITS REGISTRIES OF
DEEDS The Deputy Commissioner shall also perform
improvements and interests; and
such other functions as the Commissioner
(2) All petitions filed after original Section 4. Land Registration Commission. In may assign to him.
registration of title, with power to hear
order to have a more efficient execution of
and determine all questions arising The Deputy Commissioner shall be assisted
the laws in registration of lands, geared to the
upon such applications or petitions. by:
massive and accelerated land reform and
The clerk of court shall furnish the Land social justice program of the government, the (a) Division chiefs, as may be necessary
Registration Commission with two certified Land Registration Commission is created (b) Special Assistant to the
copies of all pleadings, exhibits, orders, and under the executive supervision of the Commissioner
decisions filed or issued in applications or Department of Justice. (c) Chief Geodetic Engineer
petitions for land registration, except
Section 5. Officials and employees of the They shall each receive compensation at the
stenographic notes, within 5 days from the
Commission. The Land Registration rate of three thousand four hundred pesos
filing or issuance thereof.
Commission shall have the following both per annum less than that of the Deputy
Section 3. Status of other pre-existing land appointed by the President: Commissioner.
registration system. The system of
(1) Chief known as the Commissioner All other officials and employees of the Land
registration under the Spanish Mortgage Law
(2) Assistant Chief known as the Deputy Registration Commission including those of
is hereby discontinued and all lands recorded
Commissioner the Registries of Deeds whose salaries are
under said system which are not yet covered
not herein provided, shall receive salaries
by Torrens title shall be considered as The Commissioner shall be a member of the
corresponding to the minimum of their
unregistered lands. Philippine Bar with at least 10 years of
respective upgraded ranges as provided
practice in the legal profession, and shall
under paragraph 3.1 of Budget Circular No.
have the same rank, compensation and
273, plus sixty per centum thereof across the
board, notwithstanding the maximum salary and every Registry with a yearly average
allowed for their respective civil service collection of more than P3000 during the last
(e) Implement all orders, decisions, and
eligibilities. three years, shall have 2 Deputy Register of
decrees promulgated relative to the
Deeds.
The salaries of officials and employees registration of lands and issue, subject to the
provided in this Decree shall be without approval of the Secretary of Justice, all The Secretary of Justice shall define the
prejudice to such benefits and adjustments necessary rules and regulations; official station and territorial jurisdiction of
as may from time to time be granted by the each Registry upon the recommendation of
(f) Verify and approve subdivision,
President or by the legislature to government the Commissioner of Land Registration, with
consolidation, and consolidation-subdivision
employees. the end in view of making every registry
survey plans of properties titled under Act
easily accessible to the people of the
All officials and employees of the No. 496 except those covered by P.D. No.
neighboring municipalities.
Commission except Registers of Deeds shall 957.
be appointed by the Secretary of Justice The province or city shall furnish a suitable
The Land Registration Commission shall
upon recommendation of the Commissioner space or building for the office of the Register
have the following functions:
of Land Registration. of Deeds until such time as the same could
(a) Extend speedy and effective be furnished out of national funds.
Section 6. General Functions.
assistance to the Department of Section 8. Appointment of Registers of
The Commissioner of Land Registration shall Agrarian Reform, the Land Bank, and
Deeds and their Deputies and other
have the following functions: other agencies in the implementation
subordinate personnel; salaries. Registers of
of the land reform program of the
(a) Issue decrees of registration Deed shall be appointed by the President of
government;
pursuant to final judgments of the the Philippines upon recommendation of the
(b) Extend assistance to courts in
courts in land registration Secretary of Justice.
ordinary and cadastral land
proceedings and cause the issuance
registration proceedings; Deputy Registers of Deeds and all other
by the Registers of Deeds of the
(c) Be the central repository of records subordinate personnel of the Registries of
corresponding certificates of title;
relative to original registration of Deeds shall be appointed by the Secretary of
(b) Exercise supervision and control over
lands titled under the Torrens system, Justice upon the recommendation of the
all Registers of Deeds and other
including subdivision and Commissioner of Land Registration.
personnel of the Commission;
consolidation plans of titled lands.
(c) Resolve cases elevated en consulta The salaries of Registers of Deeds and their
by, or on appeal from decision of, Section 7. Office of the Register of Deeds. Deputies shall be at the following rates:
Registers of Deeds; There shall be at least one Register of Deeds
(1) First Class Registries The salaries of
(d) Exercise executive supervision over for each province and one for each city.
Registers of Deeds in first class Registries
all clerks of court and personnel of
Every Registry with a yearly average shall be three thousand four hundred pesos
the Courts of First Instance
collection of more than P60000 pesos during per annum less than that of the Deputy
throughout the Philippines with
the last three years shall have one Deputy Commissioner.
respect to the discharge of their
Register of Deeds.
duties and functions in relation to the (2) Second Class Registries The salaries of
registration of lands; Registers of Deeds in second class
Registries shall be three thousand four compliance with due process as provided for (a) For the province or city where there is
hundred pesos per annum less than those of by law. a Deputy Register of Deeds – Deputy
Registers of Deeds in first class Registries. Register of Deeds, or by the second
Section 10. General functions of Registers
Deputy Register of Deeds, should
(3) Third Class Registries The salaries of of Deeds. The office of the Register of Deeds
there be one;
Registers of Deeds in third class Registries constitutes a public repository of records of
(b) For the province or city where there is
shall be three thousand four hundred pesos instruments affecting registered or
no Deputy or second Deputy Register
per annum less than those of Registers of unregistered lands and chattel mortgages in
of Deeds – by the Provincial or City
Deeds in second class Registries. the province or city wherein such office is
Fiscal, or any Assistant Fiscal
situated.
(4) The salaries of Deputy Registers of designated by the Provincial or City
Deeds and Second Deputy Registers of The Register of Deeds shall immediately Fiscal;
Deeds shall be three thousand four hundred register an instrument presented for
The Secretary of Justice may authorize the
pesos per annum less than those of their registration dealing with real or personal
payment of an additional compensation to
corresponding Registers of Deeds and property which complies with all the
the official acting as Register of Deeds. This
Deputy Registers of Deeds, respectively. requisites for registration.
shall not to exceed the salary authorized for
The Secretary of Justice, upon He shall see to it that said instrument bears the position filled by him.
recommendation of the Commissioner of the proper documentary and science stamps
In case of a newly-created province or city
Land Registration, shall cause the and that the same are properly canceled.
and pending establishment of a Registry of
reclassification of Registries based either on
If the instrument is not registerable, he shall Deeds and the appointment of a regular
work load or the class of province/city,
deny registration and inform the presentor of Register of Deeds for the new province or
whichever will result in a higher classification,
such denial in writing, stating the ground or city, the Register of Deeds of the mother
for purposes of salary adjustments in
reason, and advising him of his right to province or city shall be the ex-officio
accordance with the rates hereinabove
appeal by consulta in accordance with Register of Deeds for said new province or
provided.
Section 117 of this Decree. city.
Section 9. Qualifications of Registers of
Section 11. Discharge of duties of Register Section 12. Owner's Index; reports. There
Deeds and Deputy Registers of Deeds. The
of Deeds in case of vacancy, etc. shall be prepared in every Registry an index
Register of Deeds must be a lawyer and
system which shall contain the names of all
practicing for at least 3 years, or has been Unless the Secretary of Justice appoints a registered owners alphabetically arranged.
employed for 3 years in any branch of replacement, the duties of the Register of For this purpose, an index card which shall
government the functions of which include Deeds shall be performed by the following be prepared in the name of each registered
the registration of property. people in case the register of deeds has not owner which shall contain a list of all lands
yet been appointed, in case of vacancy, registered in his name.
The Deputy Register of Deeds shall be a
absence, illness, suspension, or inability of
member of the Philippine Bar. Provided,
the Register of Deeds:
however, that no Register of Deeds or
Deputy Register of Deeds shall be removed The Register of Deeds shall submit to the
from office or be demoted to a lower category Land Registration Commission within ten
or scale of salary except for cause and upon days after the month to which they pertain his
monthly reports on collections and (1) Those who by themselves or through their
accomplishments. He shall also submit to the predecessors-in-interest have been in open,
A trustee on behalf of his principal may apply
Commission at the end of December of each continuous, exclusive and notorious
for original registration of any land held in
year, an annual inventory of all titles and possession and occupation of alienable and
trust by him, unless prohibited by the
instruments in his Registry. disposable lands of the public domain under
instrument creating the trust.
a bona fide claim of ownership since June
12, 1945, or earlier.
Section 13. Chief Geodetic Engineer. There
Section 15. Form and contents. The
shall be a Chief Geodetic Engineer in the
application for land registration shall be in
Land Registration Commission who shall be (2) Those who have acquired ownership of
writing, signed by the application or the
the technical adviser of the Commission on private lands by prescription under the
person duly authorized in his behalf, and
all matters involving surveys and shall be provision of existing laws.
sworn to before any officer authorized to
responsible to him for all plats, plans and
administer oaths for the province or city
works requiring the services of a geodetic
where the application was actually signed. If
engineer in said office. He shall perform such (3) Those who have acquired ownership of
there is more than one applicant, the
other functions as may, from time to time, be private lands or abandoned river beds by
application shall be signed and sworn to by
assigned to him by the Commissioner. right of accession or accretion under the
and in behalf of each. The application shall
existing laws.
contain a description of the land and shall
state the citizenship and civil status of the
CHAPTER III
applicant, whether single or married, and, if
(4) Those who have acquired ownership of married, the name of the wife or husband,
ORIGINAL REGISTRATION
land in any other manner provided for by law. and, if the marriage has been legally
dissolved, when and how the marriage
I relation terminated. It shall also state the full
Where the land is owned in common, all the names and addresses of all occupants of the
ORDINARY REGISTRATION co-owners shall file the application jointly. land and those of the adjoining owners, if
PROCEEDINGS known, and, if not known, it shall state the
extent of the search made to find them.
Where the land has been sold under pacto
A. APPLICATIONS de retro, the vendor a retro may file an
application for the original registration of the The application, shall, in form, be
land, provided, however, that should the substantially as follows:
Section 14. Who may apply. The following period for redemption expire during the
persons may file in the proper Court of First pendency of the registration proceedings and
Instance an application for registration of title ownership to the property consolidated in the
to land, whether personally or through their vendee a retro, the latter shall be substituted
duly authorized representatives: for the applicant and may continue the
proceedings.
Republic of the Philippines
Court of First Instance of 2. That said land at the last assessment for persons mentioned in paragraphs 3 and 5,
_________________ taxation was assessed at P ____, Philippine and of the persons shown on the plan as
currency, and the buildings and other claimants, are as follows:
improvements at P ___________, Philippine ___________________________________
currency. ___________________________________
__________________
The undersigned,
___________________________________
3. That to the best of my/our knowledge and
_________________________hereby
belief, there is no mortgage or encumbrance 7. That the applicant/s is/are single or
applies (or apply) to have the land hereinafter
of any kind whatsoever affecting said land, married to ____________________ (Note: if
described brought under the operation of the
nor any other person having any interest marriage has been legally dissolved, state
Property Registration Decree, and to have
therein, legal or equitable, or in possession, when and how the marriage relation
the title thereto registered and confirmed:
other than as follows: terminated.)_________________________
___________________________________ ___________________________________
___________________________________ _____ _____________________
AND DECLARE . . . . . _________

8. That the applicant's/s' full name, age,


1. That the applicants/s is/are the owners of 4. That the applicant/s has/have acquired citizenship, residence, and postal address/es
the land (by virtue of inheritance or deed of said land in the following manner: is/are as follows:
sale or conveyance and/or possession in ________________________________ ___________________________________
accordance with Section 14 of said Decree), ________________________________
together with the building and improvements
thereon, with the exception of the
(Note: Refer to Sec. 14 of said Decree. State
following:___________________________
also whether the property is conjugal, 9. That (Note: If the land included in the
___________________________________
paraphernal or exclusive property of the application is bounded by a public or private
____ which is/are the property of
applicant/s) way or road, there should be stated in this
_________________________ residing at
paragraph whether or not the applicant
_________________________ The said
claims any and what land within the limits of
land, consisting of ____________________
5. That said land is occupied by the following the way or road and whether the applicant
parcel/s is/are situated, bounded and
person: _____________________________ desires to have the line of the way or road
described as shown on the plan and
___________________________________ determined.)
technical descriptions attached hereto and
___________ ___________________________________
made a part hereof, with the following
_____ ___________________________
exception:___________________________
___________________________________
_____ 6. That the names in full and addresses, as
far as known to the undersigned, of the 10. That the following documents are
owners of all adjoining properties, of the attached hereto and made a part hereof:
___________________________________ On this _______________ day of
________________________________ _________________________,19
Section 16. Non-resident applicant. If the
________ personally appeared before me
applicant is not a resident of the Philippines,
the above- named
he shall file with his application an instrument
Signed at ___________________ this ___________________________________
in due form appointing an agent or
_____________________ day of _______________ known to me to be the
representative residing in the Philippines,
____________________, in the year person/s who executed the foregoing
giving his full name and postal address, and
nineteen hundred and application and made oath that the
shall therein agree that the service of any
______________________. statements therein are true of his/their
legal process in the proceedings under or
knowledge, information and belief.
growing out of the application made upon his
agent or representative shall be of the same
legal effect as if made upon the applicant
The Residence Certificate/s
__________________________ within the Philippines. If the agent or
______________________ of the
representative dies, or leaves the
Applicant applicant/s ______________ was/were
Philippines, the applicant shall forthwith
exhibited to me being No.
make another appointment for the substitute,
_________________ issued at
and, if he fails to do so the court may dismiss
___________________ dated
the application.
____________, 19 __________.

_________________________ Section 17. What and where to file. The


application for land registration shall be filed
(Post Office Address) with the Court of First Instance of the
province or city where the land is situated.
The applicant shall file together with the
________________________ application all original muniments of titles or
copies thereof and a survey plan of the land
approved by the Bureau of Lands.
(Notary Public, or other Officer
REPUBLIC OF THE PHILIPPINES
authorized to administer oaths) The clerk of court shall not accept any
PROVINCE (OR CITY) OF application unless it is shown that the
_______________ applicant has furnished the Director of Lands
PTR NO. _________________ with a copy of the application and all
annexes.
Section 18. Application covering two or more require facts to be stated in the application in The public shall be given notice of the initial
parcels. An application may include two or addition to those prescribed by this Decree hearing of the application for land registration
more parcels of land belonging to the not inconsistent therewith and may require by means of (1) publication; (2) mailing; and
applicant/s provided they are situated within the filing of any additional paper. It may also (3) posting.
the same province or city. The court may at conduct an ocular inspection, if necessary.
any time order an application to be amended
by striking out one or more of the parcels or 1. By publication.
by a severance of the application. Section 22. Dealings with land pending
original registration. After the filing of the
application and before the issuance of the Upon receipt of the order of the court setting
Section 19. Amendments. Amendments to decree of registration, the land therein the time for initial hearing, the Commissioner
the application including joinder, substitution, described may still be the subject of dealings of Land Registration shall cause notice of
or discontinuance as to parties may be in whole or in part, in which case the initial hearing to be published once in the
allowed by the court at any stage of the interested party shall present to the court the Official Gazette and once in a newspaper of
proceedings upon just and reasonable terms. pertinent instruments together with a general circulation in the Philippines:
subdivision plan approved by the Director of Provided, however, that the publication in the
Lands in case of transfer of portions thereof Official Gazette shall be sufficient to confer
Amendments which shall consist in a and the court, after notice to the parties, shall jurisdiction upon the court. Said notice shall
substantial change in the boundaries or an order such land registered subject to the be addressed to all persons appearing to
increase in area of the land applied for or conveyance or encumbrance created by said have an interest in the land involved
which involve the inclusion of an additional instruments, or order that the decree of including the adjoining owners so far as
land shall be subject to the same registration be issued in the name of the known, and "to all whom it may concern".
requirements of publication and notice as in person to whom the property has been Said notice shall also require all persons
an original application. conveyed by said instruments. concerned to appear in court at a certain date
and time to show cause why the prayer of
said application shall not be granted.
Section 20. When land applied for borders on B. PUBLICATION, OPPOSITION AND
road. If the application describes the land as DEFAULT
bounded by a public or private way or road, 2. By mailing.
it shall state whether or not the applicant
claims any and what portion of the land within Section 23. Notice of initial hearing,
the limits of the way or road, and whether the publication, etc. The court shall, within five (a) Mailing of notice to persons named in the
applicant desires to have the line of the way days from filing of the application, issue an application. The Commissioner of Land
or road determined. order setting the date and hour of the initial Registration shall also, within seven days
hearing which shall not be earlier than forty- after publication of said notice in the Official
five days nor later than ninety days from the Gazette, as hereinbefore provided, cause a
Section 21. Requirement of additional facts date of the order. copy of the notice of initial hearing to be
and papers; ocular inspection. The court may
mailed to every person named in the notice
whose address is known.
The Commissioner of Land Registration shall An application (or petition) having been filed
also cause a duly attested copy of the notice in the above-entitled case by (full name and
of initial hearing to be posted by the sheriff of address) praying for the registration and
(b) Mailing of notice to the Secretary of Public
the province or city, as the case may be, or confirmation (or for the settlement and
Highways, the Provincial Governor and the
by his deputy, in a conspicuous place on adjudication, in case of petition in cadastral
Mayor. If the applicant requests to have the
each parcel of land included in the proceedings) of title to the following
line of a public way or road determined, the
application and also in a conspicuous place described lands:
Commissioner of Land Registration shall
on the bulletin board of the municipal building
cause a copy of said notice of initial hearing
of the municipality or city in which the land or
to be mailed to the Secretary of Public
portion thereof is situated, fourteen days at
Highways, to the Provincial Governor, and to
least before the date of initial hearing.
the Mayor of the municipality or city, as the (Insert description)
case may be, in which the land lies.
The court may also cause notice to be served
to such other persons and in such manner as You are hereby served this notice to appear
(c) Mailing of notice to the Secretary of before this Court at its session to be held at
it may deem proper.
Agrarian Reform, the Solicitor General, the _________________ on the
Director of Lands, the Director of Public ______________ day of _______________,
Works, the Director of Forest Development, 19 ______, at _____________ o'clock in the
The notice of initial hearing shall, in form, be
the Director of Mines and the Director of _________ then and there to present such
substantially as follows:
Fisheries and Aquatic Resources. If the land claims as you may have to said lands or any
borders on a river, navigable stream or portion thereof, and to submit evidence in
shore, or on an arm of the sea where a river support of such claim; and unless you appear
or harbor line has been established, or on a at said Court at the time and place aforesaid,
lake, or if it otherwise appears from the your default will be recorded and the title to
application or the proceedings that a tenant- the lands will be adjudicated and determined
farmer or the national government may have (Caption and Title) in accordance with law and the evidence
a claim adverse to that of the applicant, before the Court, and thereafter you will
notice of the initial hearing shall be given in forever be barred from contesting said
the same manner to the Secretary of NOTICE OF INITIAL HEARING application (or petition) or any decree
Agrarian Reform, the Solicitor General, the entered thereon.
Director of Lands, the Director of Mines
and/or the Director of Fisheries and Aquatic
Resources, as may be appropriate. Witness, the Hon.
To (here insert the names of all persons
________________________ Judge of the
appearing to have an interest and the
Court of First Instance of _______ this
3. By posting. adjoining owners so far as known, and to all
whom it may concern):
_______ day of _________________, in the If the opposition or the adverse claim of any
year 19______. person covers only a portion of the lot and
The Court, if it deems necessary, may refer
said portion is not properly delimited on the
the case or any part thereof to a referee who
plan attached to the application, or in case of
shall hear the parties and their evidence, and
undivided co-ownership, conflicting claims of
the referee shall submit his report thereon to
ownership or possession, or overlapping of
Attest: the Court within fifteen days after the
boundaries, the court may require the parties
termination of such hearing. Hearing before
to submit a subdivision plan duly approved
a referee may be held at any convenient
by the Director of Lands.
Commissioner of Land Registration place within the province or city as may be
fixed by him and after reasonable notice
thereof shall have been served the parties
Section 26. Order of default; effect. If no
concerned. The court may render judgment
person appears and answers within the time
in accordance with the report as though the
allowed, the court shall, upon motion of the
facts have been found by the judge himself:
applicant, no reason to the contrary
Provided, however, that the court may in its
Section 24. Proof of publication and notice. appearing, order a default to be recorded and
discretion accept the report, or set it aside in
The certification of the Commissioner of require the applicant to present evidence. By
whole or in part, or order the case to be
Land Registration and of the sheriff the description in the notice "To all Whom It
recommitted for further proceedings:
concerned to the effect that the notice of May Concern", all the world are made parties
initial hearing, as required by law, has been defendant and shall be concluded by the
complied with shall be filed in the case before default order.
Section 28. Partial judgment. In a case where
the date of initial hearing, and shall be
only a portion of the land subject of
conclusive proof of such fact.
registration is contested, the court may
Where an appearance has been entered and
render partial judgment provided that a
an answer filed, a default order shall be
subdivision plan showing the contested and
Section 25. Opposition to application in entered against persons who did not appear
uncontested portions approved by the
ordinary proceedings. Any person claiming and answer.
Director of Lands is previously submitted to
an interest, whether named in the notice or said court.
not, may appear and file an opposition on or
before the date of initial hearing, or within C. HEARING JUDGMENT AND DECREE
such further time as may be allowed by the OF REGISTRATION
Section 29. Judgment confirming title. All
court. The opposition shall state all the
conflicting claims of ownership and interest in
objections to the application and shall set
the land subject of the application shall be
forth the interest claimed by the party filing Section 27. Speedy hearing; reference to a determined by the court. If the court, after
the same and apply for the remedy desired, referee. The trial court shall see to it that all considering the evidence and the reports of
and shall be signed and sworn to by him or registration-proceedings are disposed or the Commissioner of Land Registration and
by some other duly authorized person. within ninety days from the date the case is the Director of Lands, finds that the applicant
submitted for decision, or the oppositor has sufficient title proper for
registration, judgment shall be rendered forth the estate of the owner, and also, in registration, but in no case shall such petition
confirming the title of the applicant, or the such manner as to show their relative be entertained by the court where an
oppositor, to the land or portions thereof. priorities, all particular estates, mortgages, innocent purchaser for value has acquired
easements, liens, attachments, and other the land or an interest therein, whose rights
encumbrances, including rights of tenant- may be prejudiced. Whenever the phrase
Section 30. When judgment becomes final; farmers, if any, to which the land or owner's "innocent purchaser for value" or an
duty to cause issuance of decree. The estate is subject, as well as any other matters equivalent phrase occurs in this Decree, it
judgment rendered in a land registration properly to be determined in pursuance of shall be deemed to include an innocent
proceedings becomes final upon the this Decree. lessee, mortgagee, or other encumbrancer
expiration of thirty days to be counted from for value.
the data of receipt of notice of the judgment.
An appeal may be taken from the judgment The decree of registration shall bind the land
of the court as in ordinary civil cases. and quiet title thereto, subject only to such Upon the expiration of said period of one
exceptions or liens as may be provided by year, the decree of registration and the
law. It shall be conclusive upon and against certificate of title issued shall become
After judgment has become final and all persons, including the National incontrovertible. Any person aggrieved by
executory, it shall devolve upon the court to Government and all branches thereof, such decree of registration in any case may
forthwith issue an order in accordance with whether mentioned by name in the pursue his remedy by action for damages
Section 39 of this Decree to the application or notice, the same being against the applicant or any other persons
Commissioner for the issuance of the decree included in the general description "To all responsible for the fraud.
of registration and the corresponding whom it may concern".
certificate of title in favor of the person
adjudged entitled to registration. Section 33. Appeal from judgment, etc. The
Section 32. Review of decree of registration; judgment and orders of the court hearing the
Innocent purchaser for value. The decree of land registration case are appealable to the
Section 31. Decree of registration. Every registration shall not be reopened or revised Court of Appeals or to the Supreme Court in
decree of registration issued by the by reason of absence, minority, or other the same manner as in ordinary actions:
Commissioner shall bear the date, hour and disability of any person adversely affected
minute of its entry, and shall be signed by thereby, nor by any proceeding in any court
him. It shall state whether the owner is for reversing judgments, subject, however, to Section 34. Rules of procedure. The Rules of
married or unmarried, and if married, the the right of any person, including the Court shall, insofar as not inconsistent with
name of the husband or wife: Provided, government and the branches thereof, the provision of this Decree, be applicable to
however, that if the land adjudicated by the deprived of land or of any estate or interest land registration and cadastral cases by
court is conjugal property, the decree shall therein by such adjudication or confirmation analogy or in a suppletory character and
be issued in the name of both spouses. If the of title obtained by actual fraud, to file in the whenever practicable and convenient.
owner is under disability, it shall state the proper Court of First Instance a petition for
nature of disability, and if a minor, his age. It reopening and review of the decree of
shall contain a description of the land as registration not later than one year from and II
finally determined by the court, and shall set after the date of the entry of such decree of
CADASTRAL REGISTRATION the Sangguniang Panlalawigan and the punished by a fine of not more than one
PROCEEDINGS Sangguniang Bayan concerned. thousand pesos or by imprisonment for not
more than one year, or both.

A. ORDER FOR SPEEDY SETTLEMENT (c) The Geodetic Engineers or other


AND ADJUDICATION; SURVEY; NOTICES employees of the Bureau of Lands in charge
of the survey shall give notice reasonably in
advance of the date on which the survey of
Section 35. Cadastral Survey preparatory to any portion of such lands is to begin, which
filing of petition. notice shall be posted in the bulletin board of
the municipal building of the municipality or
barrio in which the lands are situated, and
(a) When in the opinion of the President of shall mark the boundaries of the lands by
the Philippines public interest so requires monuments set up in proper places thereon.
that title to any unregistered lands be settled It shall be lawful for such Geodetic Engineers
and adjudicated, he may to this end direct and other employees to enter upon the lands
and order the Director of Lands to cause to whenever necessary for the purposes of
be made a cadastral survey of the lands such survey or the placing of monuments.
involved and the plans and technical
description thereof prepared in due form.
(d) It shall be the duty of every person
claiming an interest in the lands to be
(b) Thereupon, the Director of Lands shall surveyed, or in any parcel thereof, to
give notice to persons claiming any interest communicate with the Geodetic Engineer
in the lands as well as to the general public, upon his request therefor all information
of the day on which such survey will begin, possessed by such person concerning the
giving as fully and accurately as possible the boundary lines of any lands to which he
description of the lands to be surveyed. Such claims title or in which he claims any interest.
notice shall be punished once in the Official
Gazette, and a copy of the notice in English
or the national language shall be posted in a (e) Any person who shall willfully obstruct the
conspicuous place on the bulletin board of making of any survey undertaken by the
the municipal building of the municipality in Bureau of Lands or by a licensed Geodetic
which the lands or any portion thereof is Engineer duly authorized to conduct the
situated. A copy of the notice shall also be survey under this Section, or shall
sent to the mayor of such municipality as well maliciously interfere with the placing of any
as to the barangay captain and likewise to monument or remove such monument, or
shall destroy or remove any notice of survey
posted on the land pursuant to law, shall be

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