Publication, Opposition And Default Flashcards
Who shall certify the proof of publication and notice? (Sec. 24)
The certification of the Commission of Land Registration and of the sheriff concerned to the effect that the notice of initial hearing, as required by law, has been complied with shall be filed in the case before the date of initial hearing, and shall be conclusive proof of such fact.
When must the opposition be filed? (Sec. 25)
Any person claiming an interest,whether named in the notice or not, may appear and file an opposition on or BEFORE the date of initial hearing, or WITHIN such further time as may be allowed by the court.
What must the opposition contain [4]? (Sec. 25)
The opposition shall state all the objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired, and shall be signed and sworn to by him or by some other duly authorized person.
If the opposition or the adverse claim of any person covers only a portion of the and said portion is not properly delimited on the plan attached to the application, or in case of undivided co-ownership, conflicting claims of ownership or possession, or overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the Director of Lands.
When to whom an order of default will be addressed? (Sec. 26)
If no person appears and answers within the time allowed, the court shall, upon motion of the applicant, no reason to the contrary appearing, order a default to be recorded and require the applicant to present evidence. By the description in the notice “To all Whom It May Concern”, all the world are made parties defendant and shall be concluded by the default order.
Where an appearance has been entered and an answer filed, a default order shall be entered against person who did not appear and answer
What is the effect if the initial hearing is held outside the 90-day period set in the notice as published? (Republic v. Manna Properties Inc.)
The applicant cannot be faulted if the initial hearing is held outside the 90 days period set in the Notice as published, as this process pertains exclusively to the court.
The duty to set the hearing date lies with the land registration court. After an applicant has filed his application, the court requires the issuance of a court order setting the initial hearing date. The notice of initial hearing is a court document and is signed by the judge and copy of the notice is mailed b the clerk of court to the LRA. This involves a process to which the party applicant absolutely has no participation.
Who should published the notice? Where? (Art. 23)
Upon receipt of the order of the court setting the time of initial hearing, the Commisioner of Land Registration shall cause a notice of initial hearing to be published once in the OFFICIAL GAZETTE and once in a newspaper of general circulation in the Philippines…
Who should be the recipient of notice by mailing?
(a) persons named in the application - w/in 7 days after publication of said notice in the Official Gazette;
(b) Sec. of Public Highways, Governor and Mayors - If the applicant requests to have the land of a public way or road determined;
(c) Sec. of Agrarian Reform, SolGen, Dir. Lands, Dir. Public works, Dir. of Forest Development, Dir. Mines and the Dir. of Fisheries and Aquatic Resources - If land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake or if it otherwise appears from the application or the proceeding that a tenant-farmer or the national government may have a claim adverse to that of the applicant.
Where should the notice be posted? (Sec. 23)
In a conspicuous place on each parcel of land included in the application; and also
In a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated.
(14 days before hearing)
Laguna Lake Development Authority Certification
The requirement applies to lands situated in the Province of Rizal and Laguna; Cities of Pasay, Marikina, Pasig, Muntinlupa, Caloocan, Manila, Quezon, San Pablo, Tagaytay, and Tanauan; Town of Sto. Tomas and Malvar Batangas; Town of Silang and Carmona in Cavite; Town of Lukban in Quezon Province; and Towns of Taguig and Pateros in Metro Manila.
Republic v. Marasigan
Sec. 23 of P.D. No. 1529 requires notice of the initial hearing by means of (1) publication, (2) mailing and (3) posting, all of which must be complied with.
In so far as publication is concerned, there is sufficient compliance if the notice is published in the Official Gazette, although the law mandates “once in the Official Gazette and once in a newspaper of general circulation in the Philippines.” Publication in the latter alone would not suffice.
Republic v. Enriquez
If there is discrepancy in the Area, the original tracing cloth plan or the ‘Sepia Copy’ must be submitted, because it is the best evidence to identify a piece of land for registration n purposes.
SUBSTANTIAL COMPLIANCE RULE
Recto vs. Republic of the Philippines: blueprint copies of the original tracing cloth plan from Bureau of Lands and other evidence could also provide sufficient identification to identify a piece of land for registration purposes, as the property was sufficiently identified by:
- blueprint copy of the plan and technical description which were both approved by the Land Management Services of the DENR; and
- report of the Land Management Sector stating that the subject property is not a portion of, nor identical to any previously approved isolated survey.
Republic of the Philippines vs. Hubilla: the court also deemed as substantial compliance the submission of the following in lieu of the original cloth plan:
- blueprint copy of the subdivision plan approved by the Director of Lands;
- technical description approved by the Land Management Bureau of the DENR;
- a certification from DENR Community Environment and Natural Resources Office (CENRO) which states that the property has not been forfeited for non- payment of real estate taxes, is entirely within alienable and disposable zone as of December 31, 1925, has not been previously titled and is not covered by any previous public land application; and
- a report of the Land Management Bureau stating that the Property is not recorded in their lot and plan index cards as being subject of previous public land application.
LRA Reports on Status of the Land
The Land Registration Authority and the Land Management Bureau have the duty to render report on, among other, the status of the land applied for, which could be submitted before or after judgement, but not beyond the lapse of one year from issuance of the decree.
Republic v. T.A.N. Properties, Inc.
The Regional Technical Director, FMS-DENR has no authority to issue certification of land classification.
DENR Certification (that the land is alienable); T.A.N. v. Republic
(DAO no. 20 and 38)
CENRO = below 50 hectares PENRO = over 50 hectares
1) The applicant must prove that DENR Sec.had approved the land classification and released the land of the public domain as alienable and disposable ;
2) That the land subject of the application falls within the approved area per verification through survey by PENRO or CENRO.
Evidence: certified true copy of original classification by DENR
