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Chapter 4 - PROCEEDINGS IN ORIGINAL REGISTRATION UNDER THE

TORRENS SYSTEM

Steps in Application or PD 1529 or Property Registration Decree:

1. Survey of the land by Bureau of Lands or duly licensed surveyor

The corresponding plan and technical description of the property prepared by the surveyor will have to
be approved by the Director of Lands. Survey Plan is approved LRC

Surveyors shall define the boundaries of the lands, surveyed for registration purposes, by means of
monuments placed thereon and shall indicate on the maps or plots the respective boundaries as
designated, both by the applicant for the surveys and adverse claimants of adjoining properties, but the
work and demarcation of the boundaries of the lands as occupied by the said applicant need not be
suspended because of the presentation of any complaint or objection (Sec. 1860, Revised
Administrative Code).

2. Preparation of Filing of the Application for registration by the APPLICANT


In writing and signed by the Applicant or the person duly authorized in his
behalf and sworn to before any person who can administer oaths.

Items in the registration:

The application shall contain a


1) description of the land
2) citizenship
3) civil status
4) whether single or married,
5) and, if married, the name of the wife or husband, and, if the marriage
has been legally dissolved, when and how the marriage relation
terminated.
6)It shall also state the full names and addresses of all occupants of the
land and
7) those of the adjoining owners if known, and, if not known, it
shall state the extent of the search made to find them.

3. Transmittal of duplicate of the application and the date of initial hearing


with the documents attached by the Clerk of Court to Land Registration
Commission ( National Agency for Land transfer and Deed Registration
Authority).
4. Publication of notice of the filing application, date and place of hearing
once in a newspaper of general circulation and once in official gazette.
5. Service of notice upon contiguous owners, occupants and those who have
interests in the property by the SHERIFF.
6. Filing of answer to the application by the person whether named in the
notice or not
7. Hearing of the case by Court and presentation of evidence.
8. Promulgation of the Judgment by the Court
9. Issuance of an order by the Court that decision is final and instructing the
Land Registration Commission to ISSUE the decree of registration in
accordance with Section 39 PD 1529.

Section 39. Preparation of decree and Certificate of Title. After the judgment directing
the registration of title to land has become final, the court shall, within fifteen days from
entry of judgment, issue an order directing the Commissioner to issue the
corresponding decree of registration and certificate of title.

The clerk of court shall send, within fifteen days from entry of judgment, certified copies
of the judgment and of the order of the court directing the Commissioner to issue the
corresponding decree of registration and certificate of title, and a certificate stating
that the decision has not been amended, reconsidered, nor appealed, and has
become final. Thereupon, the Commissioner shall cause to be prepared the decree of
registration as well as the original and duplicate of the corresponding original
certificate of title. The original certificate of title shall be a true copy of the decree of
registration. The decree of registration shall be signed by the Commissioner, entered and
filed in the Land Registration Commission. The original of the original certificate of
title shall also be signed by the Commissioner and shall be sent, together with the
owner's duplicate certificate, to the Register of Deeds of the city or province where
the property is situated for entry in his registration book.

10. Entry of decree of registration in LRC


11. Sending copy of decree of registration to the corresponding Register of
deeds where the property is situated.
12. Transcription of the decree of registration in the registration book and
the issuance of OWNERS DUPLICATE CERTIFICATE of the ORIGINAL
CERTIFICATE of the title by RD upon payment of prescribed fees.

Facts to be proven upon application of the land

1. Applicant is the owner of the land


2. That the land sought to be registered is the same land described in the
application

Application triplicate copies in clerk of court of RTC where the property is


situated.

RTC Original and exclusive jurisdiction


Delegated
Cadastral to Municipal courts to determine cadastral or land registration cases
covering lots with NO CONTROVERSY, the value of which is not exceeding
100,000.

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