LAWS:

(2) Those who have acquired ownership of private lands by

[Link] 1529 prescription under the provision of existing laws.

CHAPTER I (3) Those who have acquired ownership of private lands or

abandoned river beds by right of accession or accretion
GENERAL PROVISIONS under the existing laws.

Section 2. Nature of registration proceedings; jurisdiction (4) Those who have acquired ownership of land in any other
of courts. Judicial proceedings for the registration of lands manner provided for by law.
throughout the Philippines shall be in rem and shall be
based on the generally accepted principles underlying the Where the land is owned in common, all the co-owners shall
Torrens system. file the application jointly.

Courts of First Instance shall have exclusive jurisdiction Where the land has been sold under pacto de retro, the
over all applications for original registration of title to lands, vendor a retro may file an application for the original
including improvements and interests therein, and over all registration of the land, provided, however, that should the
petitions filed after original registration of title, with power period for redemption expire during the pendency of the
to hear and determine all questions arising upon such registration proceedings and ownership to the property
applications or petitions. The court through its clerk of court consolidated in the vendee a retro, the latter shall be
shall furnish the Land Registration Commission with two substituted for the applicant and may continue the
certified copies of all pleadings, exhibits, orders, and proceedings.
decisions filed or issued in applications or petitions for land
registration, with the exception of stenographic notes, A trustee on behalf of his principal may apply for original
within five days from the filing or issuance thereof. registration of any land held in trust by him, unless
prohibited by the instrument creating the trust.
A. APPLICATIONS
Section 15. Form and contents. The application for land
Section 14. Who may apply. The following persons may file registration shall be in writing, signed by the applicant or
in the proper Court of First Instance an application for the person duly authorized in his behalf, and sworn to
registration of title to land, whether personally or through before any officer authorized to administer oaths for the
their duly authorized representatives: province or city where the application was actually signed. If
there is more than one applicant, the application shall be
(1) Those who by themselves or through their signed and sworn to by and in behalf of each. The
predecessors-in-interest have been in open, continuous, application shall contain a description of the land and shall
exclusive and notorious possession and occupation of state the citizenship and civil status of the applicant,
alienable and disposable lands of the public domain under a whether single or married, and, if married, the name of the
bona fide claim of ownership since June 12, 1945, or earlier. wife or husband, and, if the marriage has been legally
dissolved, when and how the marriage relation terminated. 3. That to the best of my/our knowledge and belief,
It shall also state the full names and addresses of all there is no mortgage or encumbrance of any kind
occupants of the land and those of the adjoining owners, if whatsoever affecting said land, nor any other person
known, and, if not known, it shall state the extent of the having any interest therein, legal or equitable, or in
search made to find them. possession, other than as follows:
___________________________________________
The application, shall, in form, be substantially as ____________________________________
follows: 4. That the applicant/s has/have acquired said land in
the following manner:
Republic of the Philippines ________________________________
Court of First Instance of _________________ (Note: Refer to Sec. 14 of said Decree. State also
The undersigned, whether the property is conjugal, paraphernal or
___________________________________________ exclusive property of the applicant/s)
_________________hereby applies (or apply) to 5. That said land is occupied by the following person:
have the land hereinafter described brought under _____________________________
the operation of the Property Registration Decree, 6. That the names in full and addresses, as far as
and to have the title thereto registered and known to the undersigned, of the owners of all
confirmed: adjoining properties, of the persons mentioned in
AND DECLARE . . . paragraphs 3 and 5, and of the persons shown on the
1. That the applicants/s is/are the owners of the land plan as claimants, are as
(by virtue of inheritance or deed of sale or follows:____________________________________
conveyance and/or possession in accordance with _
Section 14 of said Decree), together with the building 7. That the applicant/s is/are single or married to
and improvements thereon, with the exception of the ____________________ (Note: if marriage has been
following:___________________________________ legally dissolved, state when and how the marriage
_______________________________ which is/are relation
the property of _________________________ terminated.)_________________________________
residing at _________________________ The said ___
land, consisting of ____________________ parcel/s 8. That the applicant's/s' full name, age, citizenship,
is/are situated, bounded and described as shown on residence, and postal address/es is/are as
the plan and technical descriptions attached hereto follows:_____
and made a part hereof, with the following 9. That (Note: If the land included in the application is
exception:__________________________________ bounded by a public or private way or road, there
____2. That said land at the last assessment for should be stated in this paragraph whether or not the
taxation was assessed at P ____, Philippine currency, applicant claims any and what land within the limits
and the buildings and other improvements at P of the way or road and whether the applicant desires
___________, Philippine currency. to have the line of the way or road determined.)
______________________
10. That the following documents are attached hereto upon the applicant within the Philippines. If the agent or
and made a part representative dies, or leaves the Philippines, the applicant
hereof:______________________________ shall forthwith make another appointment for the
Signed at ___________________ this substitute, and, if he fails to do so the court may dismiss
_____________________ day of the application.
____________________, in the year nineteen
hundred and ______________________. Section 17. What and where to file. The application for
_________________________ land registration shall be filed with the Court of First
(Post Office Address) Instance of the province or city where the land is situated.
REPUBLIC OF THE PHILIPPINES The applicant shall file together with the application all
PROVINCE (OR CITY) OF _______________ original muniments of titles or copies thereof and a survey
On this _______________ day of plan of the land approved by the Bureau of Lands.
_________________________,19 ________ The clerk of court shall not accept any application unless it
personally appeared before me the above- named is shown that the applicant has furnished the Director of
___________________________________________ Lands with a copy of the application and all annexes.
_______ known to me to be the person/s who
executed the foregoing application and made oath Section 18. Application covering two or more parcels. An
that the statements therein are true of his/their application may include two or more parcels of land
knowledge, information and belief. belonging to the applicant/s provided they are situated
The Residence Certificate/s within the same province or city. The court may at any time
______________________ of the applicant/s order an application to be amended by striking out one or
______________ was/were exhibited to me being more of the parcels or by a severance of the application.
No. _________________ issued at
___________________ dated ____________, Section 19. Amendments. Amendments to the application
19____ including joinder, substitution, or discontinuance as to
___________________ parties may be allowed by the court at any stage of the
(Notary Public, or other Officer proceedings upon just and reasonable terms.
authorized to administer oaths) Amendments which shall consist in a substantial change in
PTR NO.__________________ the boundaries or an increase in area of the land applied for
or which involve the inclusion of an additional land shall be
Section 16. Non-resident applicant. If the applicant is not a subject to the same requirements of publication and notice
resident of the Philippines, he shall file with his application as in an original application.
an instrument in due form appointing an agent or
representative residing in the Philippines, giving his full Section 20. When land applied for borders on road. If the
name and postal address, and shall therein agree that the application describes the land as bounded by a public or
service of any legal process in the proceedings under or private way or road, it shall state whether or not the
growing out of the application made upon his agent or applicant claims any and what portion of the land within the
representative shall be of the same legal effect as if made
limits of the way or road, and whether the applicant desires cause notice of initial hearing to be published once in the
to have the line of the way or road determined. Official Gazette and once in a newspaper of general
circulation in the Philippines: Provided, however, that the
Section 21. Requirement of additional facts and papers; publication in the Official Gazette shall be sufficient to
ocular inspection. The court may require facts to be stated confer jurisdiction upon the court. Said notice shall be
in the application in addition to those prescribed by this addressed to all persons appearing to have an interest in
Decree not inconsistent therewith and may require the filing the land involved including the adjoining owners so far as
of any additional paper. It may also conduct an ocular known, and "to all whom it may concern". Said notice shall
inspection, if necessary. also require all persons concerned to appear in court at a
certain date and time to show cause why the prayer of said
Section 22. Dealings with land pending original application shall not be granted.
registration. After the filing of the application and before the
issuance of the decree of registration, the land therein 2. By mailing.
described may still be the subject of dealings in whole or in (a) Mailing of notice to persons named in the application.
part, in which case the interested party shall present to the The Commissioner of Land Registration shall also, within
court the pertinent instruments together with a subdivision seven days after publication of said notice in the Official
plan approved by the Director of Lands in case of transfer of Gazette, as hereinbefore provided, cause a copy of the
portions thereof and the court, after notice to the parties, notice of initial hearing to be mailed to every person named
shall order such land registered subject to the conveyance in the notice whose address is known.
or encumbrance created by said instruments, or order that
the decree of registration be issued in the name of the (b) Mailing of notice to the Secretary of Public Highways,
person to whom the property has been conveyed by said the Provincial Governor and the Mayor. If the applicant
instruments. requests to have the line of a public way or road
determined, the Commissioner of Land Registration shall
B. PUBLICATION, OPPOSITION AND DEFAULT cause a copy of said notice of initial hearing to be mailed to
the Secretary of Public Highways, to the Provincial
Section 23. Notice of initial hearing, publication, etc. The Governor, and to the Mayor of the municipality or city, as
court shall, within five days from filing of the application, the case may be, in which the land lies.
issue an order setting the date and hour of the initial
hearing which shall not be earlier than forty-five days nor (c) Mailing of notice to the Secretary of Agrarian Reform,
later than ninety days from the date of the order. the Solicitor General, the Director of Lands, the Director of
The public shall be given notice of the initial hearing of the Public Works, the Director of Forest Development, the
application for land registration by means of (1) publication; Director of Mines and the Director of Fisheries and Aquatic
(2) mailing; and (3) posting. Resources. If the land borders on a river, navigable stream
or shore, or on an arm of the sea where a river or harbor
1. By publication. line has been established, or on a lake, or if it otherwise
Upon receipt of the order of the court setting the time for appears from the application or the proceedings that a
initial hearing, the Commissioner of Land Registration shall tenant-farmer or the national government may have a claim
adverse to that of the applicant, notice of the initial hearing _______________, 19 ______, at _____________
shall be given in the same manner to the Secretary of o'clock in the _________ then and there to present
Agrarian Reform, the Solicitor General, the Director of such claims as you may have to said lands or any
Lands, the Director of Mines and/or the Director of Fisheries portion thereof, and to submit evidence in support of
and Aquatic Resources, as may be appropriate. such claim; and unless you appear at said Court at the
time and place aforesaid, your default will be
3. By posting. recorded and the title to the lands will be adjudicated
The Commissioner of Land Registration shall also cause a and determined in accordance with law and the
duly attested copy of the notice of initial hearing to be evidence before the Court, and thereafter you will
posted by the sheriff of the province or city, as the case forever be barred from contesting said application (or
may be, or by his deputy, in a conspicuous place on each petition) or any decree entered thereon.
parcel of land included in the application and also in a Witness, the Hon. ________________________
conspicuous place on the bulletin board of the municipal Judge of the Court of First Instance of _______ this
building of the municipality or city in which the land or _______ day of _________________, in the year
portion thereof is situated, fourteen days at least before the 19______.
date of initial hearing. Attest:
The court may also cause notice to be served to such other Commissioner of Land Registration
persons and in such manner as it may deem proper.
Section 24. Proof of publication and notice. The
The notice of initial hearing shall, in form, be certification of the Commissioner of Land Registration and of
substantially as follows: the sheriff concerned to the effect that the notice of initial
hearing, as required by law, has been complied with shall be
(Caption and Title) filed in the case before the date of initial hearing, and shall
be conclusive proof of such fact.
NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to Section 25. Opposition to application in ordinary
have an interest and the adjoining owners so far as proceedings. Any person claiming an interest, whether
known, and to all whom it may concern): named in the notice or not, may appear and file an
An application (or petition) having been filed in the opposition on or before the date of initial hearing, or within
above-entitled case by (full name and address) such further time as may be allowed by the court. The
praying for the registration and confirmation (or for opposition shall state all the objections to the application
the settlement and adjudication, in case of petition in and shall set forth the interest claimed by the party filing
cadastral proceedings) of title to the following the same and apply for the remedy desired, and shall be
described lands: signed and sworn to by him or by some other duly
(Insert description) authorized person.
You are hereby served this notice to appear before
this Court at its session to be held at If the opposition or the adverse claim of any person covers
_________________ on the ______________ day of only a portion of the lot and said portion is not properly
delimited on the plan attached to the application, or in case it aside in whole or in part, or order the case to be
of undivided co-ownership, conflicting claims of ownership recommitted for further proceedings:
or possession, or overlapping of boundaries, the court may
require the parties to submit a subdivision plan duly Section 28. Partial judgment. In a case where only a
approved by the Director of Lands. portion of the land subject of registration is contested, the
court may render partial judgment provided that a
Section 26. Order of default; effect. If no person appears subdivision plan showing the contested and uncontested
and answers within the time allowed, the court shall, upon portions approved by the Director of Lands is previously
motion of the applicant, no reason to the contrary submitted to said court.
appearing, order a default to be recorded and require the
applicant to present evidence. By the description in the Section 29. Judgment confirming title. All conflicting claims
notice "To all Whom It May Concern", all the world are of ownership and interest in the land subject of the
made parties defendant and shall be concluded by the application shall be determined by the court. If the court,
default order. after considering the evidence and the reports of the
Commissioner of Land Registration and the Director of
Where an appearance has been entered and an answer Lands, finds that the applicant or the oppositor has
filed, a default order shall be entered against persons who sufficient title proper for registration, judgment shall be
did not appear and answer. rendered confirming the title of the applicant, or the
oppositor, to the land or portions thereof.
C. HEARING JUDGMENT AND DECREE OF
REGISTRATION Section 30. When judgment becomes final; duty to cause
issuance of decree. The judgment rendered in a land
Section 27. Speedy hearing; reference to a referee. The registration proceedings becomes final upon the expiration
trial court shall see to it that all registration-proceedings are of thirty days to be counted from the data of receipt of
disposed or within ninety days from the date the case is notice of the judgment. An appeal may be taken from the
submitted for decision, judgment of the court as in ordinary civil cases.
After judgment has become final and executory, it shall
The Court, if it deems necessary, may refer the case or any devolve upon the court to forthwith issue an order in
part thereof to a referee who shall hear the parties and their accordance with Section 39 of this Decree to the
evidence, and the referee shall submit his report thereon to Commissioner for the issuance of the decree of registration
the Court within fifteen days after the termination of such and the corresponding certificate of title in favor of the
hearing. Hearing before a referee may be held at any person adjudged entitled to registration.
convenient place within the province or city as may be fixed
by him and after reasonable notice thereof shall have been Section 31. Decree of registration. Every decree of
served the parties concerned. The court may render registration issued by the Commissioner shall bear the date,
judgment in accordance with the report as though the facts hour and minute of its entry, and shall be signed by him. It
have been found by the judge himself: Provided, however, shall state whether the owner is married or unmarried, and
that the court may in its discretion accept the report, or set if married, the name of the husband or wife: Provided,
however, that if the land adjudicated by the court is Decree, it shall be deemed to include an innocent lessee,
conjugal property, the decree shall be issued in the name of mortgagee, or other encumbrancer for value.
both spouses. If the owner is under disability, it shall state Upon the expiration of said period of one year, the decree of
the nature of disability, and if a minor, his age. It shall registration and the certificate of title issued shall become
contain a description of the land as finally determined by incontrovertible. Any person aggrieved by such decree of
the court, and shall set forth the estate of the owner, and registration in any case may pursue his remedy by action
also, in such manner as to show their relative priorities, all for damages against the applicant or any other persons
particular estates, mortgages, easements, liens, responsible for the fraud.
attachments, and other encumbrances, including rights of
tenant-farmers, if any, to which the land or owner's estate Section 33. Appeal from judgment, etc. The judgment and
is subject, as well as any other matters properly to be orders of the court hearing the land registration case are
determined in pursuance of this Decree. appealable to the Court of Appeals or to the Supreme Court
in the same manner as in ordinary actions:
The decree of registration shall bind the land and quiet title Section 34. Rules of procedure. The Rules of Court shall,
thereto, subject only to such exceptions or liens as may be insofar as not inconsistent with the provision of this Decree,
provided by law. It shall be conclusive upon and against all be applicable to land registration and cadastral cases by
persons, including the National Government and all analogy or in a suppletory character and whenever
branches thereof, whether mentioned by name in the practicable and convenient.
application or notice, the same being included in the general
description "To all whom it may concern". II
CADASTRAL REGISTRATION PROCEEDINGS
Section 32. Review of decree of registration; Innocent A. ORDER FOR SPEEDY SETTLEMENT AND
purchaser for value. The decree of registration shall not be ADJUDICATION; SURVEY; NOTICES
reopened or revised by reason of absence, minority, or
other disability of any person adversely affected thereby, Section 35. Cadastral Survey preparatory to filing of
nor by any proceeding in any court for reversing judgments, petition.
subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or (a) When in the opinion of the President of the Philippines
of any estate or interest therein by such adjudication or public interest so requires that title to any unregistered
confirmation of title obtained by actual fraud, to file in the lands be settled and adjudicated, he may to this end direct
proper Court of First Instance a petition for reopening and and order the Director of Lands to cause to be made a
review of the decree of registration not later than one year cadastral survey of the lands involved and the plans and
from and after the date of the entry of such decree of technical description thereof prepared in due form.
registration, but in no case shall such petition be
entertained by the court where an innocent purchaser for (b) Thereupon, the Director of Lands shall give notice to
value has acquired the land or an interest therein, whose persons claiming any interest in the lands as well as to the
rights may be prejudiced. Whenever the phrase "innocent general public, of the day on which such survey will begin,
purchaser for value" or an equivalent phrase occurs in this giving as fully and accurately as possible the description of
the lands to be surveyed. Such notice shall be punished B. PETITION; LOT NUMBERS
once in the Official Gazette, and a copy of the notice in
English or the national language shall be posted in a Section 36. Petition for registration. When the lands have
conspicuous place on the bulletin board of the municipal been surveyed or plotted, the Director of Lands,
building of the municipality in which the lands or any portion represented by the Solicitor General, shall institute original
thereof is situated. A copy of the notice shall also be sent to registration proceedings by filing the necessary petition in
the mayor of such municipality as well as to the barangay the Court of First Instance of the place where the land is
captain and likewise to the Sangguniang Panlalawigan and situated against the holders, claimants, possessors, or
the Sangguniang Bayan concerned. occupants of such lands or any part thereof, stating in
substance that public interest requires that the title to such
(c) The Geodetic Engineers or other employees of the lands be settled and adjudicated and praying that such titles
Bureau of Lands in charge of the survey shall give notice be so settled and adjudicated:
reasonably in advance of the date on which the survey of
any portion of such lands is to begin, which notice shall be The petition shall contain a description of the lands and shall
posted in the bulletin board of the municipal building of the be accompanied by a plan thereof, and may contain such
municipality or barrio in which the lands are situated, and other data as may serve to furnish full notice to the
shall mark the boundaries of the lands by monuments set occupants of the lands and to all persons who may claim
up in proper places thereon. It shall be lawful for such any right or interest therein.
Geodetic Engineers and other employees to enter upon the
lands whenever necessary for the purposes of such survey Where the land consists of two or more parcels held or
or the placing of monuments. occupied by different persons, the plan shall indicate the
boundaries or limits of the various parcels as accurately as
(d) It shall be the duty of every person claiming an interest possible. The parcels shall be known as "lots" and shall on
in the lands to be surveyed, or in any parcel thereof, to the plan filed in the case be given separate numbers by the
communicate with the Geodetic Engineer upon his request Director of Lands, which numbers shall be known as
therefor all information possessed by such person "cadastral lot numbers". The lots situated within each
concerning the boundary lines of any lands to which he municipality shall, as far as practicable, be numbered
claims title or in which he claims any interest. consecutively beginning with number "one", and only one
series of numbers shall be used for that purpose in each
(e) Any person who shall willfully obstruct the making of municipality. However in cities or townsites, a designation of
any survey undertaken by the Bureau of Lands or by a the landholdings by blocks and lot numbers may be
licensed Geodetic Engineer duly authorized to conduct the employed instead of the designation by cadastral lot
survey under this Section, or shall maliciously interfere with numbers.
the placing of any monument or remove such monument, or
shall destroy or remove any notice of survey posted on the The cadastral number of a lot shall not be changed after
land pursuant to law, shall be punished by a fine of not final decision has been entered decreasing the registration
more than one thousand pesos or by imprisonment for not thereof, except by order of court. Future subdivisions of any
more than one year, or both. lot shall be designated by a letter or letters of the alphabet
added to the cadastral number of the lot to which the state the length of time, as far as known, during which the
respective subdivisions pertain. The letter with which a predecessors, if any, held possession;
subdivision is designated shall be known as its "cadastral (f) If the claimant is not in possession or occupation of the
letter": Provided, however, that the subdivisions of cities or land, the answer shall fully set forth the interest claimed by
townsites may be designated by blocks and lot numbers. him and the time and manner of his acquisition;
(g) if the lots have been assessed for taxation, their last
C. ANSWER assessed value; and
(h) The encumbrances, if any, affecting the lots and the
Section 37. Answer to petition in cadastral proceedings. names of adverse claimants, as far as known.
Any claimant in cadastral proceedings, whether named in D. HEARING; JUDGMENT; DECREE
the notice or not, shall appear before the court by himself or Section 38. Hearing, Judgment, Decree. The trial of the case
by some other authorized person in his behalf, and shall file may occur at any convenient place within the province in
an answer on or before the date of initial hearing or within which the lands are situated and shall be conducted, and
such further time as may be allowed by the court. The orders for default and confessions entered, in the same
answer shall be signed and sworn to by the claimant or by manner as in ordinary land registration proceedings and
some other authorized person in his behalf, and shall state shall be governed by the same rules. All conflicting interests
whether the claimant is married or unmarried, and if shall be adjudicated by the court and decrees awarded in
married, the name of the spouse and the date of marriage, favor of the persons entitled to the lands or to parts thereof
his nationality, residence and postal address, and shall also and such decrees shall be the basis for issuance of original
contain: certificates of title in favor of said persons and shall have
the same effect as certificates of title granted on application
(a) The age of the claimant; for registration of land under ordinary land registration
proceedings.
(b) The cadastral number of the lot or lots claimed, as
appearing on the plan filed in the case by the Director of [Link] 6940 (FREE PATENT LAW)
Lands, or the block and lot numbers, as the case may be;
REPUBLIC ACT NO. 6940 MARCH 28, 1990
(c) The name of the barrio and municipality in which the lots
are situated; AN ACT GRANTING A PERIOD ENDING ON DECEMBER
31, 2000 FOR FILING APPLICATIONS FOR FREE
(d) The names and addresses of the owners of the adjoining PATENT AND JUDICIAL CONFIRMATION OF
lots so far as known to the claimant; IMPERFECT TITLE TO ALIENABLE AND DISPOSABLE
LANDS OF THE PUBLIC DOMAIN UNDER CHAPTERS
(e) If the claimant is in possession of the lots claimed and VII AND VIII OF THE PUBLIC LAND ACT (CA 141, AS
can show no express grant of the land by the government to AMENDED)
him or to his predecessors-in-interest, the answer shall
state the length of time he has held such possession and Be it enacted by the Senate and House of Representatives
the manner in which it has been acquired, and shall also of the Philippines in Congress assembled::
Section 1. Paragraph 1, Section 44, Chapter VII of Sur, Davao Oriental, Sulu, Mt. Province, Benguet, Kalinga-
Commonwealth Act No. 141, as amended, is hereby Apayao, Ifugao, Maguindanao, Tawi-Tawi, and Basilan
amended to read as follows: where the President of the Philippines, upon the
recommendation of the Secretary of Environment and
"Sec. 44. Any natural-born citizen of the Philippines Natural Resources, shall determine or fix the time beyond
who is not the owner of more than twelve (12) hectares and which the filing of applications under this Chapter shall not
who, for at least thirty (30) years prior to the effectivity of extend: provided, that the period shall apply only when the
this amendatory Act, has continuously occupied and area applied for does not exceed twelve (12) hectares. The
cultivated, either by himself or through his predecessors-in- period fixed for any district, chartered city, province or
interest a tract or tracts of agricultural public lands subject municipality shall begin to run thirty (30) days after the
to disposition, who shall have paid the real estate tax publication of the proclamation in one (1) newspaper of
thereon while the same has not been occupied by any general circulation in the city, province or municipality
person shall be entitled, under the provisions of this concerned. A certified copy of said proclamation shall be
Chapter, to have a free patent issued to him for such tract furnished by the Secretary of Environment and Natural
or tracts of such land not to exceed twelve (12) hectares." Resources within thirty (30) days counted from the date of
Section 2. Section 45, Chapter VII of Commonwealth Act the presidential proclamation to the Community
No. 141, as amended, is hereby, further amended to read Environment and Natural Resources Office and to the
as follows: provincial board, and municipal board or city council and
barangay council affected, and copies thereof shall be
"Sec. 45. The President of the Philippines, upon posted on the bulletin board of the Community Environment
recommendation of the Secretary of Environment and and Natural Resources Office and at conspicuous places in
Natural Resources, shall from time to time fix by the provincial building and at the municipal building and
proclamation the period within which applications for free barangay halls or meeting place.t shall moreover be
patents may be filed in the Community Environment and announced by government radio whenever available in each
Natural Resources Office or region specified in such of the barrios of the municipality."
proclamation, and upon the expiration of the period so Section 3. Section 47, Chapter VIII of Commonwealth Act
designated, unless the same be extended by the President, No. 141, as amended, is hereby further amended to read as
all the land comprised within such district, chartered city, follows:
province, municipality or region subject thereto under the
provisions of this Chapter may be disposed of as agricultural "Sec. 47. The persons specified in the next following
public land without prejudice to the prior right of the section are hereby granted time, not to extend beyond
occupant and cultivator to acquire such land under this Act December 31, 2000 within which to take advantage of the
by means other than free patent. The time to be fixed in the benefit of this Chapter: provided, that this period shall apply
entire Archipelago for the filing of applications under this only where the area applied for does not exceed twelve (12)
Chapter shall not extend beyond December 31, 2000, hectares: provided, further, that the several periods of time
except in the Provinces of Agusan del Norte, Agusan del designated by the President in accordance with Section
Sur, Cotabato, South Cotabato, Sultan Kudarat, Bukidnon, Forty-five of this Act shall apply also to the lands comprised
Lanao del Norte, Lanao del Sur, Davao del Norte, Davao del in the provisions of this Chapter, but this section shall not
be construed as prohibiting any of said persons from acting FACTS: PR files a complaint in TC on 1976 that Pons Realty
under this Chapter at any time prior to the period fixed by Corp. is the registered owner of the subject parcels of land
the President." which were derived from OCTs issued on 1931, 1916 and
1907.
Section 4. Any law or executive order or part thereof
contrary to or inconsistent with this Act is hereby deemed That (P) Falcis is sueing in his capacity as an Administrator -
repealed accordingly. Plenipotentiary-Extraordinary and as Attorney-in-fact of the
heirs of the Estate and administrator of their respective
Section 5. If any provision of this Act or the applicability of shares as Extra-Judicially settled among the heirs
such provision to any person or circumstances shall be held themselves, pursuant to the instrument entitled
invalid, the validity of the remainder of this Act and the 'Reconfirmation and Ratification of whatever Power and
applicability of such provision to the persons or Authority vested in Prudencio G. Falcis. While plaintiff-
circumstances shall not be affected thereby. ALEJANDRO J. VICTORINO and EDDIE S. lot-buyers, f land
Section 6. This Act shall take effect fifteen (15) days after presently under the alleged possession and ownership of
its publication in two (2) national newspapers of general defendant PON'S REALTY CORPORATION.
circulation.
That from 1984 up to the time of this case, plaintiff heirs
Section 6. This Act shall take effect fifteen (15) days after have been in possession of the subject land left by Don
its publication in two (2) national newspapers of general Mariano, as some of the heirs are residents of places within
circulation. the areas in Titulo de Propriedad No. 4136.

[Link] 1, SECTION 4,1997 RULES OF CIVIL That through fraudulent act the defendant illegally declared
PROCEDURE (FORMERLY RULE 143, REVISED RULE OF under his name the lands in province of Rizal despite the
COURT) knowledge that lands were already registered under the
RULE 1 Spanish Mortgage Law and notice.

GENERAL PROVISONS TC Denied the motion to dismiss.

CA rendered decision in favor of Plaintiffs and against
Sec. 4. In what cases not applicable. defendant.
These Rules shall not apply to election cases, land
registration, cadastral, naturalization and insolvency ISSUE: W/N Falcis had the personality to assail the
proceedings, and other cases not herein provided for, registration of the titles held by Pons Realty Co.?
except by analogy or in a suppletory character and
whenever practicable and convenient. HELD: GRANTED.
No, (PR) Falcis has no legal personality to file the complaint
CASES: in issue as the supposed appointment in favor of respondent
PON'S REALTY CORPORATION [Link] Falcis as Administrator Plenipotentiary Extraordinary is
on its face irregular. The language and matter treated
therein being obviously impossible to have been officially such as fencing the area with barbwires, planting mango
the act of any President of the Philippines, hence, should trees and palays and pasturing carabaos. He was able to
not be given recognition by anyone especially the court of secure a title in favor of his children petitioner included for
justice. the big parcel of land he cultivates and improves and when
he died in 1941 the petitioner continued to possess the land
It is also not the proper remedy under the Land Registration in question not embraced in the Transfer of Cert. of Title
Act and the jurisprudence concerning the indefeasibility of issued to them in the concept of an owner.
the decrees of registration on which said titles are based
after one year from their issuance which took place way The petitioner had the land surveyed from a private
back 1931. As a suit for damages, it cannot prosper against surveyor only to find out that there is already a survey plan
petitioner who was not the original registrant but a mere of the said land in the name of the respondents and that a
second transferee evidenced by the annotation on the said title was already issued to them. Petitioner now contends
titles. that being an adjacent owner of the land in question they
were not notified of the survey. The Surveyors Certificate
Moreover, as alleged in the complaint, that the lands reveals that notice was given to the following: Jose Cruz,
claimed by PR on behalf of his supposed principals are Diego Francisco (petitioners father), and Santol Creek. It is
alleged to constitute part of the estate of Don Mariano noted that both Jose Cruz and Diego Francisco were already
whose estate in sunder administration in Special dead from the date of the notice and Santol Creek is not a
Proceedings of CFI Bulacan, the suit can be filed only by person or entity. It was established that the petitioner and
the judicial administrator of the estate or another person her brother and sisters who are the actual occupants of the
authorized by the court. adjacent land of the land in question were not notified of the
survey. Petitioner did not read the publication in the Official
FRANCISCO vs. CA, 97 SCRA 22 Gazette and the former mayor of Teresa who is the owner
FACTS: This is a petition for review filed by the petitioner of the property across the Santol Creek testified that Diego
on the decision rendered by the CA reversing the CFI Francisco was in possession of the land throughout his
judgment in favor of her on a land registration case and lifetime and after his death his heirs and not the
orders the issuance of the Original Cert. of Title to the respondents. By virtue of this continuous, adverse, and
respondents Alejandro Santos and Ramona Francisco open possession of the land in question for forty-seven (47)
instead. Petitioner alleges that she is the absolute owner of years now, Fausta Francisco has become the absolute owner
the land in dispute covered with an Original Cert. of title of of this parcel of land.
the Register of Deeds; that she is in continuous, adverse,
open, peaceful and uninterrupted possession of the land Respondent contends that the petitioners claim for
since time immemorial; respondents have never been in ownership of the land in question is insufficient in form and
possession of the land as they claim and that they obtained substance failing to explain under what color of title she
their Decree of Registration of said land by fraud. acquires ownership of the land in question, citing that an
Apparently, Diego Francisco, the petitioners father occupied essential requisite for a valid petition for reopening and
the land in dispute since 1918 and obtained a homestead review of a decree should be made by a person who is
patent for it. He introduced some improvements on the land deprived of the land or interest. "In order to obtain the
benefits of section 38 of Act 496 the applicant (1) must of the homestead patent of their father to them as his heirs.
have an estate or interest in the land, and (2) must show On the East, it is no longer Jose Cruz who owns the land but
fraud in the procurement of the decree of registration. A it was already by a different person after his death. On the
mere claim of ownership is not sufficient to avoid a West, it is no longer Eugenio Francisco who is the owner but
certificate of title obtained under the Land Registration Act. it is Paula Francisco, petitioners sister who is in actual
The mere claim of ownership of petitioner lacks this possession of the land.
requisite to merit in granting of their petition. They claim
that Toribio Santos, the respondents father owns the land The court find that the respondents have the motive of
and Alejandro Santos inherited it from him and occupied the concealing their application for registration from the real
land in 1920 and has been in possession thereof for more owners of these said lands by not sending them the actual
than 30 years. notice of their application for registration to prevent them
from filing their opposition. The court cited the failure of the
RTC surveyors of the respondent to comply with the requirement
of finding out the actual occupants and boundary owners of
CA - the said land. The court held that the registration of land
cannot serve as a protecting mantle to cover and shelter
ISSUES: 1. Whether or not the applicant secured thru fraud bad faith.
Decree No. N-99332.
2. Who is the true and absolute owner of the land in Thus it reverses the decision of the CA and affirmed the
question. decision of the lower court without prejudice to petitioner
and the trial court complying with the additional
HELD: REVERSED CA DECISION; AFFIRMED RTC requirements for the issuance of the corresponding title in
It appears that Jose Cruz and Diego Francisco are both dead favor of petitioner.
when the alleged notice was served and that Santol Creek
could not appear for the hearing because it is not a person. DE CAILLES VS MAYUGA 170 SCRA 347
The court finds it absurd that the respondent claims that FACTS: An appeal was commenced by a petition filed on
they complied with the requisite of serving notice to August 1958 by (PR) Dominador M. in CFI Rizal, invoking
interested parties on the land in question. It is clear that the the registration proceedings. Dominador M. asked of a
petitioner and her brothers and sisters who are the actual decree on lands for his favor being the only heir of
occupants of the adjacent lots were not notified of the Estanislao M.
registration proceeding applied for by the petitioner. It is
clear that no notice was sent to the actual owner and The petition was opposed by heirs of Narciso M., father of
possessor of the land in question allowing the respondents Estanislao M., the opppositors professed that they do not
to successfully register the land in their name. It was also have knowledge of any registration proceedings on the
established that respondents did not state the true adjoining subject land and claimed that Dominador M. could not have
owners of the North, East and West of the land in question. inherited anything from Estanislao M. as Dominador was
On the North side it is no longer Diego Francisco who is the expressly disinherited from Estanislaos will.
owner of the lot but it is the petitioner by virtue of transfer
Orosa was allowed to intervene in the case upon showing
that Dominador M. assigned all his rights to Marciano V, On August 1957, Dominador M. executed a deed of sale in
then the latter transferred them to Orosa. favor of Marciano V. Atty. Bobadilla testified for the
petitioner, declared that Estanislao M. was his client up to
TC made the facts bases on the pieces of evidences, that his death. Among the cases he handled was an application
sometime June 1927 Estanialao M. caused the survey of the for registration of title mentioned in Ex. C, that as far as
subject lands. It was surveyed and approved by the Director Atty. Bobadilla recall there was no oppositor and no appeal.
of Lands.
TC Favored Estanislao M., survived by Dominador M.,
An application thereafter was filed by Estanislao M., the rights was acquired by Nicolas Orosa thru sale.
initial hearing was set on May 6, 1937 and was published on
the Official Gazette on April 15, 1937. Oct. 1937, the CA - Affirmed the Trial Court's decision.
amendment plan was approved by Director of Lands,
subdivided and reduced the lots. Record shows that no ISSUE: W/N registration proceeding has been validly taken
opposition was made. place recognizing Orosas ownership over the subject land?

As per LRC, on Sept. 1958, tow lots were applied for HELD: DENIED
registration by Narciso M. to CFI Rizal, however it was Yes, the conclusion of both Trial Court and the CA, formed
dismissed and never revived. after analysis and assessment of the evidence presented, at
a formal hearing, is without doubt a conclusion of fact
As per Clerk of Court of CFI Rizal on Jan. 1959, records of which, by firmly entrenched doctrine, is binding on and may
the court existing before and during the enemy occupation not be reviewed by SC.
were burned and destroyed as a result of a fire in Provincial
Building of Rizal where the Clerk of CFI Rizal was located Besides being deduced from entries in official records made
then. by public officers in the performance of their duties and
therefore evidence of the facts (Section 38, Rule 130, Rules
The Director of Lands also certifies that there are no of Court),the data appears to be trustworthy.
available records in the BoL regarding the decision of CFI
Rizal dated May 6,1937 and Sept. 18,1937 except for the While they emanate from diverse and independent sources,
notation appearing in the blueprint plan copy. But the the facts elicited all conveniently fit in together like the
annotation according to DoL that said court decision and pieces of a jigsaw puzzle and form a coherent and complete
order existed before the war but they have been lost or picture of the proceedings taken in the land registration
destroyed during the war. case.

On July 1958, DoL approved a separate plan for Lot 9 which The court has confidence in the public records adverted to
was declared for taxation in the name of Dominador M. and and the public officers entrusted with the keeping of the
the real estate taxes were paid by Dominador M. and same, whose performance of their official functions is legally
Nicolsa O. for the year 1959. presumed, and in default of competent and compelling proof
to the contrary, SC left no choice but to give imprimatur to the publication of notice thereof in the Official Gazette on
the finding of the court a quo that appellees have April 15, 1937, their omission to oppose the same can only
discharged their burden of establishing the existence of the be construed as an abandonment or non-existence of
decision of May 6, 1937 in Land Registration Case No. 1278, ground to contest it, and the judgment therein rendered
GLRO Record No. 51752 of the CFI - Rizal confirming the had acquired immutability and incontestability when no
title of appellees' predecessor-in-interest, Estanislao appeal was taken therefrom within the period set therefor.
Mayuga, in the subject lot.
The motion period for intervention filed by Tomas B. Aguirre
Neither the court has any ground to dissent from the and Philippine Shares Corporation is denied for want of
Appellate Court's opinion, based on Plan Psu-11411, that sufficient showing that said movants' rights respecting
contrary to petitioner's view, said land clearly shows that which no ruling is hereby made cannot be fully protected
the portions claimed to belong to Narciso Mayuga are in a separate proceeding.
separate and distinct from Lot 9, which had been
adjudicated to Estanislao Mayuga.

The legal conclusions established facts be faulted, namely:

(1) That the alleged disinheritance of Dominador Mayuga by
Estanislao M. was void since the cause is not among those
enumerated in Article 756 of the Civil Code of 1889;

(2) That absence of reference to Lot 9 as part of the estate

of Estanislao M. in the Project of Partition presented in the
proceedings for the settlement of his estate is
inconsequential considering that in the schedule of
properties drawn up by Estanislao M. himself in his lifetime,
it is clearly stated that he has lands other than those listed.

(3) That even assuming that Estanislao Mayuga did not

have sole and exclusive title to the land and that he had
been holding the shares corresponding to other co-owners
in trust for them, his application for registration of the land
was a renunciation of the co-ownership, and since that
unilateral assertion of individual ownership was not opposed
by the petitioners until considerably more than ten (10)
years had lapsed, whatever claim the latter might have had
as co-owners had ceased to exist, prescinding from the fact
that since they are deemed to have had constructive notice
of the registration case, a proceeding in rem resulting from