Formal Requirements

Question 1

The application must be:

Answer 1

(a) in writing;
(b) Signed and sworn to by the applicant or by his duly authorized representatives (if there are more than one applicant, it shall be signed in behalf of each)

Question 2

What must be stated in the application?

Answer 2

(a) Full Name;
(b) Civil Status;
(c) Residence;
(d) Post office address;
(e) Whether property is conjugal, paraphernal or exclusively owned.

Question 3

As to the Description of the Land:

Answer 3

(a) The description of the land;
(b) The number of parcels and location thereof;
(c) The nature of title thereto;
(d) Encumbrances, if any;
(e) Occupants thereon;
(f) Names and addresses of adjoining owner, if known; (extent of the search made to find them.)
(g) Assessed value of the property;
(h) Length of possession.

Question 4

What are the attachment to the application?

Answer 4

(a) Tracing cloth plan or diazo polyester film duly approved by the Dir. of Lands;
(b) Copies of corresponding Technical Descriptions;
(c) 3 Copies of surveyors certificate;
(d) All original muniments of title in the possession of the applicant which proved his rights;
(e) Certificate in quadruplicate of the City/Provincial Treasure of the Assessed Value of the land, at its last assessment for taxation or in the absence thereof, that of the preceding year. Incase the land has not been assessed, the application may be accompanied with an affidavit in quadruplicate of the Fair Market Value of the land signed by 3 disinerested persons.

Question 5

Can one application cover several parcels of land? (Sec. 18)

Answer 5

Yes.

An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city.

The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application.

Question 6

Are applicant allowed to amend their application without publication? (Sec 19)

Answer 6

Amendments to the application including joinder, substitution, or discontinuance as to parties may be ALLOWED by the court at any stage of the proceedings upon just and reasonable terms.

[HOWEVER]

Amendments which shall consist in SUBSTANTIAL CHANGE in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land SHALL be subject to the same requirements of publication an notice as in an original application.