Chapter 8 Flashcards
Enumerate the requisites in the registration of property (first)
- Survey of land by the Bureau of Lands or a duly licensed private surveyor
Enumerate the requisites in the registration of property (2nd)
Filing an application for registration by the applicant
Enumerate the requisites in the registration of property (3rd)
Setting of the date for the initial hearing of the application by the Court
Enumerate the requisites in the registration of property (4th)
Transmittal of the application, and the date of the initial hearing together with all the documents, or other evidence attached thereto, by the clerk of court to the Land Registration Commission
Enumerate the requisites in the registration of property (5th)
Publication of a notice of the filing
Enumerate the requisites in the registration of property (6th)
Enumerate the requisites in the registration of property (7th)
Enumerate the requisites in the registration of property (8th)
Enumerate the requisites in the registration of property (9th)
Enumerate the requisites in the registration of property (10th)
it is the process by which a parcel of land is measured and its boundaries and contents ascertained, also a map, plat or statement of the result of the survey with the courses and distances and the quantity of the land
Survey
It establish the true identity of the land to ensure that it does not overlap a parcel of land or a portion thereof already covered by a previous land registration
Survey Plan
Where should the application for land registration be filed (1) ? What should be filed?
Court of First Instance of the province or city where the land is situated
Where should the application for land registration be filed? What should be filed? (2)
Together with the application all original muniments of titles or copies thereof and a survey can of the land approved by the Bureau of Lands
What is being provided for PD 1529, section 17
What and where to file
True or False. A registration may be admitted in the land registration proceedings even not approved by the director of land
false, whether original or subdivision, it must be approved by the director of land
True or False. The clerk of court will accept even without furbishment of a copy with the director of lands
False. Will not, unless with furnish with the director of lands
Who define the boundaries of the lands, surveyed for registration purposes
Surveyor
What is the best evidence to identify piece if land for registration?
Original Tracing Cloth Plan from Bureau of Lands
Can blueprint copies and other evidence also provide sufficient identification?
Yes, In republic vs. court of appeals, the court ruled that the blueprint copy of the CLOTH plan together with the Technical Description duly certified by the Bureau of Lands are sufficient to identify the land applied for registration
What is now the name of the Bureau f Land?
Land Management Bureau of the DENR
What else the RTC has authority to act pertaining to registration of title?
Those petitions filed AFTER the original registration of title, coupled with this authority the power to hear, and determine all questions arising upon such applications or petitions.
What should be accomplished in the application for registration?
> in writing
signed by the applicant or the person duly authorized in his behalf
sworn to before any officer authorized to administer oaths
for the province or city where the application was actually signed
What happens when the land is situation between boundaries of two provinces, where should the filing of application take place?
It must be filed with the appropriate RTC of the province where the land is declared for TAXATION PURPOSES
What is the remedy if the boundaries are not defined?
A separate plan for each portion must be prepared by the surveyor and a separate application for each lot must be filed with
What is the governing rule in the registration of land?
Sec 21 of Act no 496
How will the setting of date for the initial hearing must be made by the court?
initial hearing must not earlier than 45 days and not later than 90 days from the DATE of Order setting the date and hour of the initial hearing thru a court order
45-95 days from date of order
What if the registration is set beyond 90 days?
Court said it is the duty and power of the court and not the applicant.
the court order is signed by ________ and mailed by the _______ to the _________
Judge, clerk of court to the Land Registration Authority
How is notice issued?
Via publication,
there are actually 3 ways, Publication, Mailing and Posting
What is the meaning of “shall”
it denotes an imperative and mandatory character of a statute
T/F Publication of notice of initial hearing is not a JURISDICTIONAL requirement
False, non compliance affects the jurisdiction of the court.
What is the purpose of Publication of the notice?
To required all persons concerned,
who may have any rights or interests in the property applied for,
- to appear in court at a certain date and time to show cause why the application should not be granted
What happens when there found that the decree of registration included lands not included in the original application
Proceedings and Decree of registration must be declared null and void but only insofar as the ,land not included in the publication, is concerned
Is land registration in rem and jurisdiction in rem?
Yes
What does it mean by saying “in rem”
It cannot be acquired unless there be constructive seizure of the land through publication and service of notice.
In the app of reg what is the requirement of PD 1529 Section 15
The appn shall state the
> full names
> addresses of all occupants of the land
> those of the adjoining owners if known,. and if not known, it shall State the extent of the search made to find them
What if the adjoining owners or all occupants are known in the place
The application should mention the EXTENT of the search made to find them
Who may file Answer/Opposition?
Accdg to PD 1529 section 25, LRA provides that
Those who claim interest, whether named or not - the opposition should state all the objection
What is required to the opposition if the claim covers
> portion is not properly delimited on the plan
> there is undivided ownership
> conflicting claims of ownership/possession, or overlapping of boundaries
Court should require parties to submit a SUBDIVISION PLAN duly approved by the director of lands.
Why does the opposite must make some claim to the property
It gives him standing in the court
What does “Claim of Ownership” means? “claim”
The term “claim” is not a doc. It is an attitude towards something.
“claim of ownership” means the possession of a piece of a property with the intention of claiming it in hostility to the true owner.
it is also defined as “ a party’s manifest attention to take over land, regardless of title or right.
means the possession of a piece of a property with the intention of claiming it in hostility to the true owner.
claim of ownership
it is also defined as “ a party’s manifest attention to take over land, regardless of title or right.
claim of ownership
What is the effect in failure to oppose the registration?
if it failed to assail within a period of one year after the certificate of title is issued, it will FOREVER lost high high in said land even granting that he had any right
Who can only defend the Republic of the Philippines?
Solgen, as the lawyer of the government
Solgen has the power to represent the government in all land registration and related proceedings, such as, __________
An action for cancellation of title
reversion of a homestead to the govt, hence is entitled to be furnished with copies of all court orders, notices, and decisions.
T/F. A lawyer from the bureau of land has legal authority to decide WON an appeal should be made
false, its the solgen
kapag si appellant believes na sa government yun then
wag na makialam
The Court decree will be the basis of the __________ for the issuance of an original certificate title
Register of Deeds
To whom is the burden of proof in the land registration
is in the applicant, he must show that he is the real and absolute owner in FEE of the title
