8/12/2019 HIMAY 14-31

1/6

CHAPTER IIIOriginal RegistrationI. Ordinary Registration Proceedings

A.ApplicationsSECTION 14.Who May Apply.The following persons may file in the proper Court of First Instancean application forregistration of title to land, whether personally or through their duly authoriedrepresentati!es"

#1$ Those who %y themselves or through their predecessors-in-interestha!e %een in open, continuous, e&clusi!e and notoriouspossession and occupation of aliena%le and disposa%le lands ofthe pu%lic do'ain under a bona fideclai' of ownership since(une 1), 1*4+, or earlier.

#)$ Those who ha!e acquired onership of private lands !yprescriptionunder the pro!isions of e&isting laws.

#$ Those who ha!e acquired onership of private lands ora!andoned river !eds%y right of accession or accretion underthe e&isting laws.

#4$ Those who ha!e acquired onership of land in any othermannerpro!ided for %y law.

-here the land is owned in common, all the coowners shall file the application /ointly.

-here the land has %een sold under pacto de retro, the !endor a retro'ay file anapplication for the original registration of the land, pro!ided, howe!er, that should theperiod for rede'ption e&pire during the pendency of the registration proceedings andownership to the property consolidated in the !endee a retro, the latter shall %e su%stitutedfor the applicant and 'ay continue the proceedings. cda

A trustee on !ehalf of his principal'ay apply for original registration of any land held intrust %y hi', unless prohi%ited %y the instru'ent creating the trust.SECTION 1+.Form and Contents.The application for land registration shall %e in writing, signed %y the applicant or the personduly authoried in his %ehalf, and sworn to %efore any officer authoried to ad'inister oathsfor the pro!ince or city where the application was actually signed. If there is 'ore than oneapplicant, the application shall %e signed and sworn to %y and in %ehalf of each. Theapplication shall contain a description of the land and shall state the citienship and ci!ilstatus of the applicant, whether single or 'arried, and, if 'arried, the na'e of the wife orhus%and, and, if the 'arriage has %een legally dissol!ed, when and how the 'arriagerelation ter'inated. It shall also state the full na'es and addresses of all occupants of theland and those of the ad/oining owners, if 0nown, and, if not 0nown, it shall state the e&tentof the search 'ade to find the'.

The application, shall, in for', %e su%stantially as follows"epu%lic of the 2hilippines

Court of 3irst Instance of

The undersigned,

here%y applies #or apply$ to ha!e the land hereinafter descri%ed %roughtunder the operation of the 2roperty egistration 5ecree, and to ha!ethe title thereto registered and confir'ed"

AN5 5EC6AE . . . .

1.That the applicants7s is7are the owners of the land #%y !irtue ofinheritance or deed of sale or con!eyance and7or possession in

accordance with Section 14 of said 5ecree$, together with the %uildingand i'pro!e'ents thereon, with the e&ception of the following"

which is7are theproperty of residing at The said land,consisting of parcel7s is7are situated, %oundedand descri%ed as shown on the plan and technical descriptions attachedhereto and 'ade a part hereof, with the following e&ception"

.

).That said land at the last assess'ent for ta&ation was assessed at 2, 2hilippine currency, and the %uild ings and other i'pro!e'entsat 2 , 2hilippine currency.

.That to the %est of 'y7our 0nowledge and %elief, there is no 'ortgageor encu'%rance of any 0ind whatsoe!er affecting said land, nor anyother person ha!ing any interest therein, legal or e8uita%le, or inpossession, other than as follows"

.

4.That the applicant7s has7ha!e ac8uired said land in the following'anner"

.

#Note" efer to Sec. 14 of said 5ecree. State also whether the propertyis con/ugal, paraphernal or e&clusi!e property of the applicant7s$

+.That said land is occupied %y the following person" .

9.That the na'es in full and addresses, as far as 0nown to theundersigned, of the owners of all ad/oining properties, of the persons'entioned in paragraphs and +, and of the persons shown on the planas clai'ants, are as follows"

.

: .That the appl icant7s is7are single or 'arried to #Note" if 'arriage has %een legally dissol!ed,state when and how the 'arriage relat ion ter'inated.$

.

8/12/2019 HIMAY 14-31

2/6

;.That the applicant.That the following docu'ents are attached hereto and 'ade a parthereof"

.

Signed at this day of, in the year nineteen hundred and.

Applicant

#2ost Office Address$

epu%lic of the 2hilippines2ro!ince #or City$ of

On this day of , 1* personallyappeared %efore 'e the a%o!ena'ed

0nownto 'e to %e the person7s who e&ecuted the foregoing application and'ade oath that the state'ents therein are true of his7their 0nowledge,infor'ation and %elief.

The esidence Certificate7s of the applicant7s was7were e&hi%ited to 'e %eing No. issued at dated ,1*.

#Notary 2u%lic, or otherOfficer

authoried toad'inister oaths$

2T NO.

???(PRESIE!"IA# ECREE !O$ %&' )%*+,-

A226ICATION 3O 6"

in writing

signed %y the applicant7person duly authoried in his %ehalf

sworn to %efore any officer #authoried to ad'inister oaths$1 @OE A226ICANT

signed

sworn to %y and in %ehalf of each-AT A22 CONTAINS

description of land

citienship ci!il status #s7'$

' B na'e of wife7hus%and legally dissol!ed -7 'arriage ter'inated

full na'e D addresses

occupants

ad/oining owners #nown7F 0nown G e&tent of the search 'ade to findthe'$

SECTION 19.!on.resident Applicant.If the applicant is not a resident of the 2hilippines, he shall file with his application aninstru'ent in due for' appointing an agent or representati!e residing in the 2hilippines,gi!ing his full na'e and postal address, and shall therein agree that the ser!ice of any legalprocess in the proceedings under or growing out of the application 'ade upon his agent orrepresentati!e shall %e of the sa'e legal effect as if 'ade upon the applicant within the2hilippines. If the agent or representati!e dies, or lea!es the 2hilippines, the applicant shallforthwith 'a0e another appoint'ent for the su%stitute, and, if he fails to do so, the court 'aydis'iss the application. cd i

F ESI5ENT O3 2

app D instru'ent in due for' appointing an agent7rep residing in 2

3H66 NA@E

postal A55ESS

AEE that SEJICE of any 6E 2OCESS in proceedings under7growing out of the app 'ade upon his agent7rep B sa'e legal effect as'ade upon the applicant within 2

AENT#dies7lea!es 2$

3OT-IT

'a0e another appoint'ent for SHKSITHTE

3AI6HE B court 5IS@ISS applicationSECTION 1:.What and Where to File.

8/12/2019 HIMAY 14-31

3/6

The application for land registration shall %e filed with the Court of 3irst Instance of thepro!ince or city where the land is situated. The applicant shall file together with theapplication all original 'uni'ents of titles or copies thereof and a sur!ey plan of the landappro!ed %y the Kureau of 6ands.The cler0 of court shall not accept any application unless it is shown that the applicant hasfurnished the 5irector of 6ands with a copy of the application and all anne&es.

-EE

C3I #pro!ince7city where land is situated$-AT

A226ICATION

OI @HNI@ENTS of titles or copies thereof

SHJEL 26AN of land #appro!ed %y K6$C6E O3 COHT

ACCE2T ON6L if app has furnished 5irecter of 6ands B copy of app D allanne&es

SECTION 1;.Application Co/ering "0o or More Parcels.An application 'ay include two or 'ore parcels of land %elonging to the applicant7s pro!idedthey are situated within the sa'e pro!ince or city. The court 'ay at any ti'e order anapplication to %e a'ended %y stri0ing out one or 'ore of the parcels or %y a se!erance ofthe application.

A66O-E5" ) or @OE 2ACE6S O3 6AN5

w7in sa'e pro!ince7city COHT #any ti'e$ order an app to %e A@EN5E5 %y

STIIN 1 or 'ore parcels

SEJEANCE of applicationSECTION 1*.Amendments.

A'end'ents to the application including /oinder, su%stitution, or discontinuance as to parties'ay %e allowed %y the court at any stage of the proceedings upon /ust and reasona%leter's.

A'end'ents which shall consist in a su%stantial change in the %oundaries or an increase inarea of the land applied for or which in!ol!e the inclusion of an additional land shall %esu%/ect to the sa'e re8uire'ents of pu%lication and notice as in an original application. cda

A66O-E5" a'end'ents to app any stage of proceedings upon /ust andreasona%le ter's

(OIN5E

SHKSTITHTION 5ISCONTINHIANCE

A@EN5@ENTS su%/ect to sa'e re8ts of pu%lication D notice of OIINA6A226ICATION

su%stantial CANE in the %oundaries

INCEASE in area of the land applied for

in!ol!e INC6HSION of an additional landSECTION )>.When #and Applied for 1orders on Road.If the application descri%es the land as %ounded %y a pu%lic or pri!ate way or road, it shallstate whether or not the applicant clai's any and what portion of the land within the li'its ofthe way or road, and whether the applicant desires to ha!e the line of the way or roaddeter'ined.

6AN5 KOHN5E5 KL A 2HK6IC O 2IJATE -AL O OA5

-ON applicant C6AI@S any

-hat portion of land w7in the 6I@ITS of the way or road

-heter applicant 5ESIES to ha!e the line of the way or road deter'inedSECTION )1.Re23irement of Additional Facts and Papers Oc3lar Inspection.The court 'ay re8uire facts to %e stated in the application in addition to those prescri%ed %ythis 5ecree not inconsistent therewith and 'ay re8uire the filing of any additional papers. It'ay also conduct an ocular inspection, if necessary.

COHT @AL EMHIE stated A55ITIONA6 3ACTS F inconsistent with 5ecree

filing of any A55IOTNA6 2A2ES

conduct OCH6A inspection #if necessary$SECTION )).ealings 0ith #and Pending Original Registration .

After the filing of the application and %efore the issuance of the decree of registration, theland therein descri%ed 'ay still %e the su%/ect of dealings in whole or in part, in which casethe interested party shall present to the court the pertinent instru'ents together with asu%di!ision plan appro!ed %y the 5irector of 6ands in case of transfer of portions thereof,and the court, after notice to the parties, shall order such land registered su%/ect to thecon!eyance or encu'%rance created %y said instru'ents, or order that the decree ofregistration %e issued in the na'e of the person to who' the property has %een con!eyed%y said instru'ents.

A3TE 3I6IN O3 A22 D KE3OE ISSHANCE O3 5ECEE O3 E

land 'ay still %e SHK(ECT TO 5EA6INS in whole7 part INTSTE5 2ATL shall present to court"

2ETINENT INSTH@ENTS

SHK5J 26AN #appro!ed %y 56 in case of transfer of portions$

COHT #after notice to parties$ shall order"

6AN5 EISTEE5 su%/ect to con!eryance or encu'%rancecreated %y said instru'ents O

5ECEE O3 E %e issued in the na'e of person to who' propertyhas %een con!eyed %y said instru'ents

K. P3blication, Opposition and efa3ltSECTION ).!otice of Initial 4earing, P3blication, etc.The court shall, within fi!e days fro' filing of the application, issue an order setting the dateand hour of the initial hearing which shall not %e earlier than fortyfi!e days nor later thanninety days fro' the date of the order. casia

COHT SA66 5O #-7IN + 5ALS 3I6IN O3 A22$

ISSHE an order setting the date and hour of initial hearing

F earlier than 4+ days

F later than *> days fro' date of order

The pu%lic shall %e gi!en notice of the initial hearing of the application for land registration %y'eans of

1. 2HK6ICATION). @AI6IN. 2OSTIN

1.Ky pu%lication. =Hpon receipt of the order of the court setting the ti'e for initial hearing, the Co''issioner of

8/12/2019 HIMAY 14-31

4/6

6and egistration shall cause a notice of initial hearing to %e pu%lished once in the Officialaette and once in a newspaper of general circulation in the 2hilippines" Pro/ided,ho0e/er, that the pu%lication in the Official aette shall %e sufficient to confer /urisdictionupon the court. Said notice shall %e addressed to all persons appearing to ha!e an interestin the land in!ol!ed including the ad/oining owners so far as 0nown, and to all who' it 'ayconcern. Said notice shall also re8uire all persons concerned to appear in court at a certaindate and ti'e to show cause why the prayer of said application shall not %e granted.

2HK6ICATION Hpon ECEI2T O3 COHT O5E setting the ti'e for initial hearing

C6 G cause a notice of initial hearing to %e pu%lished once in the O Donce in a NC

2OJ" O 2HK G sufficient to confer (HI5ICTION H2ON COHT

NOTICE A55ESSE5 to

A66 2ESONS appearing to ha!e an iINTEEST in land in!ol!ed

A5(OININ O-NES so far as 0nown

all who' it 'ay CONCEN

NOTICE EMHIE persons concerned

A22EA in court at a certain date and ti'e to SO-CASE whyprayer of said app F %e granted

).Ky 'ailing. =#a$@ailing of notice to persons na'ed in the application.

The Co''issioner of 6and egistration shall also, within se!en days afterpu%lication of said notice in the Official aette, as herein%efore pro!ided,cause a copy of the notice of initial hearing to %e 'ailed to e!ery personna'ed in the notice whose address is 0nown.

NOTICE TO 2ESONS NA@E5 IN A22

C6 shall #w7in : days after pu% in O$

CAHSE CO2L O3 NOTICE O3 INITIA6 EAIN to %e 'ailed toEJEL 2ESON NA@E5 in notice whose A55ESS is NO-N

#%$@ailing of notice to the Secretary of 2u%lic ighways, the 2ro!incialo!ernor and the @ayor.If the applicant re8uests to ha!e the line of a pu%lic way or roaddeter'ined, the Co''issioner of 6and egistration shall cause a copy ofsaid notice of initial hearing to %e 'ailed to the Secretary of 2u%lic

ighways, to the 2ro!incial o!ernor, and to the @ayor of the 'unicipalityor city, as the case 'ay %e, in which the land lies. cdasia

NOTICE TO SEC O3 2, 2, @

if app re8uests to ha!e the line of a pu%lic way or road deter'ined

C6 cause CO2L O3 NOTICE O3 INITIA6 EAIN Sec of 2,2, @ in which the 6AN5 6IES

#c$@ailing of notice to the Secretary of Agrarian efor', the Solicitoreneral, the 5irector of 6ands, the 5irector of 2u%lic -or0s, the 5irector of3orest 5e!elop'ent, the 5irector of @ines and the 5irector of 3isheriesand A8uatic esources.If the land %orders on a ri!er, na!iga%le strea'or shore, or on an ar' of the sea where a ri!er or har%or line has %eenesta%lished, or on a la0e, or if it otherwise appears fro' the application or

the proceedings that a tenantfar'er or the national go!ern'ent 'ay ha!ea clai' ad!erse to that of the applicant, notice of the initial hearing shall %egi!en in the sa'e 'anner to the Secretary of Agrarian efor', theSolicitor eneral, the 5irector of 6ands, the 5irector of @ines and7or the5irector of 3isheries and A8uatic esources, as 'ay %e appropriate.

NOTICE TO SEC O3 A, S, 56, 52-, 535, 5@53A

6AN5 %orders on a ri!er, na!iga%le strea', shore,

A@ of sea where ri!er or har%or line has %een esta%lished on a 6AE

otherwise appears fro' app or proceedings that a TENANT3A@EorNATIONA6 OJT 'ay ha!e A5JESE C6AI@ to that of applicant

cause NOTICE O3 INITIA6 EAIN G SA, S, 56, 52-, 533,5@53A

.Ky posting. =The Co''issioner of 6and egistration shall also cause a duly attested copy of the noticeof initial hearing to %e posted %y the sheriff of the pro!ince or city, as the case 'ay %e, or %yhis deputy, in a conspicuous place on each parcel of land included in the application andalso in a conspicuous place on the %ulletin %oard of the 'unicipal %uilding of the 'unicipalityor city in which the land or portion thereof is situated, fourteen days at least %efore the dateof initial hearing.

2OSTIN

C6 G 5H6L ATTESTE5 CO2L of notice of initial hearing posted %y SEI33 of pro!ince or city or deputy

conspicuous place on EAC 2ACE6 O3 6AN5 included in the app

conspicuous place on KH66ETIN KOA5 of 'unicipal %ldg of 'unicipalityor city in which the land is situated

14 5ALS KE3OE initial hearing #at leas t$

The court 'ay also cause notice to %e ser!ed to such other persons and in such 'anner asit 'ay dee' proper.The notice of initial hearing shall, in for', %e su%stantially as follows"

#Caption and Title$NOTICE O3 INITIA6 EAIN

To #here insert the na'es of all persons appearing to ha!e an interest

and the ad/oining owners so far as 0nown, and to all who' it 'ayconcern$" cda

An application #or petition$ ha!ing %een filed in the a%o!eentitled case%y #full na'e and address$ praying for the registration and confir'ation#or for the settle'ent and ad/udication, in case of petition in cadastralproceedings$ of title to the following descri%ed lands"

#Insert description$

Lou are here%y ser!ed this notice to appear %efore this Court at itssession to %e held at on the day of

, 1*, at o

8/12/2019 HIMAY 14-31

5/6

your default will %e recorded and the title to the lands will %e ad/udicatedand deter'ined in accordance with law and the e!idence %efore theCourt, and thereafter you will fore!er %e %arred fro' contesting saidapplication #or petition$ or any decree entered thereon.

-itness, the on. (udge of the Court of 3irstInstance of this day of , in theyear 1*.

Attest"

Co''issioner of 6and egistration

COHT

cause NOTICE to %e ser!ed to such persons and in such 'anner as 'aydee' proper

SECTION )4.Proof of P3blication and !otice.The certification of the Co''issioner of 6and egistration and of the sheriff concerned tothe effect that the notice of initial hearing, as re8uired %y law, has %een co'plied with shall%e filed in the case %efore the date of initial hearing, and shall %e conclusi!e proof of suchfact.

CONC6HSIJE 2OO3

CET of C6 and SEI33

SECTION )+.Opposition to Application in Ordinary Proceedings.Any person clai'ing an interest, whether na'ed in the notice or not, 'ay appear and file anopposition on or %efore the date of initial hearing, or within such further ti'e as 'ay %eallowed %y the court. The opposition shall state all the o%/ections to the application and shallset forth the interest clai'ed %y the party filing the sa'e and apply for the re'edy desired,and shall %e signed and sworn to %y hi' or %y so'e other duly authoried person.If the opposition or the ad!erse clai' of any person co!ers only a portion of the lot and saidportion is not properly deli'ited on the plan attached to the application, or in case ofundi!ided coownership, conflicting clai's of ownership or possession, or o!erlapping of%oundaries, the court 'ay re8uire the parties to su%'it a su%di!ision plan duly appro!ed %ythe 5irector of 6ands.

O22OSITION

Any person clai'ing an INTEEST #whether na'ed in notice7not$ appear7file an O22

on or %efore date of INTIA6 EAIN or ti'e as 'ay %e A66O-E5%y court

state all the OK(ECTIONS to the app

set forth the INTEEST clai'ed %y the party filing the sa'e andapply for the E@E5L desired

SINE5 D S-ON to %e hi' or %y so'e duly authoried personSECTION )9.Order of efa3lt Effect.If no person appears and answers within the ti'e allowed, the court shall, upon 'otion ofthe applicant, no reason to the contrary appearing, order a default to %e recorded andre8uire the applicant to present e!idence. Ky the description in the notice To all -ho' It@ay Concern, all the world are 'ade parties defendant and shall %e concluded %y thedefault order. cda-here an appearance has %een entered and an answer filed, a default order shall %e

entered against persons who did not appear and answer.? 5 2ESON A22EAS7ANS-ES -ITIN TE TI@E A66O-E5

Court shall #upon 'otion of applicant, F reason to contrary appearing$

O5E a default to %e recorded and re8uire the applicant to presente!idence

TO A66 -O@ IT @AL CONCEN

all the world are 'ade parties defendant

concluded %y default order

A22EAANCE has %een entered D ANS-E filed default order shall %e entered against person who F appear7answer

C. EAIN (H5@ENT AN5 5ECEE O3 EISTATIONSection ):. Speedy hearing reference to a referee.The trial court shall see to it that all registrationproceedings are disposed or within ninety daysfro' the date the case is su%'itted for decision,

The Court, if it dee's necessary, 'ay refer the case or any part thereof to a referee who shallhear the parties and their e!idence, and the referee shall su%'it his report thereon to the Courtwithin fifteen days after the ter'ination of such hearing. earing %efore a referee 'ay %e heldat any con!enient place within the pro!ince or city as 'ay %e fi&ed %y hi' and after reasona%lenotice thereof shall ha!e %een ser!ed the parties concerned. The court 'ay render /udg'entin accordance with the report as though the facts ha!e %een found %y the /udge hi'self"2ro!ided, howe!er, that the court 'ay in its discretion accept the report, or set it aside in whole

or in part, or order the case to %e reco''itted for further proceedings"

TC

see to it that EISTATION2OCEE5INS

5IS2OSE5 or

w7in *> days fro' date, case SHK@ITTE5 for decisionCOHT

'ay E3E case7part E3EEEE3EEE

EA parties D e!idence

SHK@IT report to Court #1+ days after TE@INATION O3 EAIN$EAIN %efore a E3EEE

held in ANL con!enient 26ACE

w7in pro! or city

fi&ed %y after notice shall ha!e %een ser!ed the parties concerned

COHT

render (H5@ENT in accordance w7 E2OT

2OJ O-" 'ay

1$ ACCE2T report

)$ SET IT ASI5E #in whole7part$ or

$ order case to %e ECO@@ITTE5 for further proceedingsSection );. 2artial /udg'ent.In a case where only a portion of the land su%/ect of registration is contested, the court 'ayrender partial /udg'ent pro!ided that a su%di!ision plan showing the contested anduncontested portions appro!ed %y the 5irector of 6ands is pre!iously su%'itted to said court.

ON6L 1 2OTION of land su%/ect of regisration G CONTESTE5"

COHT 'ay render 2ATIA6 /udg'ent

8/12/2019 HIMAY 14-31

6/6

2OJ" SHK5J 26AN showing contestedDuncontested portions #appro!ed%y 5O6 B pre!iously SHK@ITTE5$

Section )*. (udg'ent confir'ing title.All conflicting clai's of ownership and interest in the land su%/ect of the appl ication shall %edeter'ined %y the court. If the court, after considering the e!idence and the reports of theCo''issioner of 6and egistration and the 5irector of 6ands, finds that the applicant or theoppositor has sufficient title proper for registration, /udg'ent shall %e rendered confir'ing thetitle of the applicant, or the oppositor, to the land or portions thereof.

COHT deter'ines A66 CON36ICTIN C6AI@S of O-NESI2 D INTEEST inthe land su%/ect if application

Court finds that A227O22 #C6 D 5O6 reports$ AS SH33ICIENT TIT6Eproper for reg B

CON3I@ title of A227O22 to the land7portionsSection >. -hen /udg'ent %eco'es final duty to cause issuance of decree.The /udg'ent rendered in a land registration proceedings %eco'es final upon the e&piration ofthirty days to %e counted fro' the data of receipt of notice of the /udg'ent. An appeal 'ay %eta0en fro' the /udg'ent of the court as in ordinary ci!il cases.

After /udg'ent has %eco'e final and e&ecutory, it shall de!ol!e upon the court to forthwithissue an order in accordance with Section * of this 5ecree to the Co''issioner for theissuance of the decree of registration and the corresponding certificate of title in fa!or of theperson ad/udged entitled to registration.

(H5@NT rendered in 6 proceedings B 3INA6

H2ON e&piration of > 5ALS to %e counted fro' the date of ECEI2T O3NOTICE O3 (H5@ENT

A22EA6 G ta0en fro' /dg'ent of court in ordinary CJ6 cases

A3TE (5@ENT has %eco'e 3 P E

5EJO6JE upon court to fortwith ISSHE AN O5E under Sec * toCO@@ISSIONE for

issuance of 5ECEE O3 E D

corresponding CET O3 TIT6E in fa!or of person ad/udgedentitled to reg

Section 1. 5ecree of registration.E!ery decree of registration issued %y the Co''issioner shall %ear the date, hour and 'inuteof its entry, and shall %e signed %y hi'. It shall state whether the owner is 'arried orun'arried, and if 'arried, the na'e of the hus%and or wife" 2ro!ided, howe!er, that if the land

ad/udicated %y the court is con/ugal property, the decree shall %e issued in the na'e of %othspouses. If the owner is under disa%ility, it shall state the nature of disa%ility, and if a 'inor, hisage. It shall contain a description of the land as finally deter'ined %y the court, and shall setforth the estate of the owner, and also, in such 'anner as to show their relati!e priorities, allparticular estates, 'ortgages, ease'ents, liens, attach'ents, and other encu'%rances,including rights of tenantfar'ers, if any, to which the land or owner