1903 Real Estate Service Act of 2009 vvvot@9å45ÆE MALACANANG Manila PRESIDENTIAL DECREE No. 1529.
HERALD A. PASADO MARJORIE T. PUGAO. Ordinary Registration Proceedings.
A. APPLICATIONS.
Section 14. Who may apply.. (1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws..
(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (4) Those who have acquired ownership of land in any other manner provided for by law..
owned in common, all the co-owners shall file the application jointly. sold under pacto de retro- the vendor a retro may file an application for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings. A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust.
Section 15. Form and contents. The application for land registration shall be in writing, signed by the application or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each..
Description of the land, citizenship and civil status of the applicant. Full names and addresses of all occupants of the land and those of the adjoining owners (if known). If not known, it shall state the extent of the search made to find them..
Republic Of the Philippines Court of First Instance of The uncersjgned, hereby applies (or apply) to have the land hereinafter described brought under the operation Of the propeny Registration Decree, and to nave the title thereto registered and confirmed: AND DECLARE 1. That the applicants's islare the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, t0110Wing: pro#lty Of consisting Of with the exception residing at ot WhiCh iS/are the The said land, parcevs islare situated, and described as snown on the Plan and tecnnjcal descriptions attacned hereto and made a part nereot, With tne following exception: 2. That said land at the last assessment tor taxation was assessed at P Philippine currency, and the buildings and otner improvements at P Philippine currency. 3. That to the best Of mytur knowledge and belief, there iS no mortgage or encumbrance Of any kind whatsoever affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: 4. That the applicant's has,'have acquired said land in the f0110Wing manner: (Note: Reter to sec. 14 Of said Decree. State also whether tne prom iS conjugal, paraphernal or exclusive property ot the applicant's) 5. That said land iS occupied by the t0110Wing person: 6. That the names in full and addresses, as far as known to the undersigned, Of the owners Of all adjoining properties, ot the persons mentioned in paragrapns 3 and 5, and Of the persons snown on the Plan as claimants, are follows: as.
Section 16. Non-resident applicant. He shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines..
If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application..
Section 17. What and where to file. shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands..
The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes..
Section 18. Application covering two or more parcels.
Section 19. Amendments. 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. Amendments which shall consist in a 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 and notice as in an original application..
Section 20. When land applied for borders on road.
Section 21. Requirement of additional facts and papers; ocular inspection.
Section 22. Dealings with land pending original registration.
or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments..
B. PUBLICATION, OPPOSITION AND DEFAULT.
Section 23. Notice of initial hearing, publication, etc..
1. PUBLICATION. the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines Provided, however, that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court..
Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known, and "to all whom it may concern". Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted..
2 . MAILING. (a) Mailing of notice to persons named in the application. The Commissioner of Land Registration shall also, within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known..
(b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor and the Mayor. If the applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies..
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Public Works, the Director of Forest Development, the Director of Mines and the Director of Fisheries and Aquatic Resources..
If the 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 proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant, notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may be appropriate..
3. POSTING. The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, 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, fourteen days at least before the date of initial hearing..
The court may also cause notice to be served to such other persons and in such manner as it may deem proper. The notice of initial hearing shall, in form, be substantially as follows:.
1903 Real Estate Service Act of 2009 vvvot@9å45ÆE MALACANANG Manila PRESIDENTIAL DECREE No. 1529.
HERALD A. PASADO MARJORIE T. PUGAO. Ordinary Registration Proceedings.
Continuation of the topic discussed by. Ms. Marjorie T. Pugao.
Section 24. Proof of publication and notice.. The certification of the Commissioner 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..
Section 25. Opposition to application in ordinary proceedings.
Section 25. Opposition to application in ordinary proceedings.
Section 26. Order of default; effect. 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..
C. HEARING JUDGMENT AND DECREE OF REGISTRATION.
Section 27. Speedy hearing; reference to a referee.
Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him and after reasonable notice thereof shall have been served the parties concerned. The court may render judgment in accordance with the report as though the facts have been found by the judge himself: Provided, however, that the court may in its discretion accept the report, or set it aside in whole or in part, or order the case to be recommitted for further proceedings:.
Section 29. Judgment confirming title. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor , to the land or portions thereof..
Section 30. When judgment becomes final; duty to cause issuance of decree.
After judgment has become final and executory , it shall devolve upon the court to forthwith issue an order in accordance with Section 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration..
Section 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses..
If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner's estate is subject, as well as any other matters properly to be determined in pursuance of this Decree..
The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description "To all whom it may concern"..
Section 32. Review of decree of registration; Innocent purchaser for value..
to file in the proper Court of First Instance a petition for reopening and review of the decree of registration not later than one year from and after the date of the entry of such decree of registration, but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein, whose rights may be prejudiced ..