Land Registration Flashcards
What are the 7 steps in judicial registration under PD 1529?
(a) The application for registration shall be filed with the Regional Trial Court of the province or city where the land is situated.
(b) The court shall issue an order setting the date and hour of initial hearing, and the public shall be given notice thereof by means of publication, mailing, and posting.
(c) Any person claiming an interest in the land may appear and file an opposition, stating all his objections to the application.
(d) The case shall be heard and all conflicting claims of ownership shall be determined by the court.
(e) Once the judgment becomes final, the court shall issue and order for the issuance of a decree and the corresponding certificate of title in favor of the person adjudged as entitled to registration.
(f) Thereupon, the Land Registration Authority shall prepare the corresponding certificate of title in favor of the person adjudged as entitled to registration.
(g) The original certificate of title will be sent to the Register of Deeds of the city or province where the land lies for registration.
What are the relevant rules when it comes to opposition or hearing of application and presentation of evidence in land registration proceedings?
(a) Opposition should be based on a right of dominion or some other real right independent of, and not at all subordinate to the rights of the government.
(b) Opposition partakes the nature of an answer with a counterclaim.
(c) Motion for intervention is not allowed in land registration cases.
In land registration proceedings, what should the applicant prove?
(a) Notice has been published, mailed, or posted.
(b) The applicant is the real and absolute owner in the fee simple of the land applied for registration.
(c) The identity of the land: (1) survey plan and technical description, (2) Spanish titles are no longer admissible as evidence of ownership.
(d) The land is alienable and disposable
