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Persons Bound When Title Not Registered: 4.

Civil status
1. Grantor 5. Full names & address of occupants & adjoining owners
2. Heirs & devisees What to Accompany Application:
3. Persons with actual notice 1. Tracing cloth plan duly approved by the Director of Lands
Procedure in Land Registration Case: 2. 3 copies of technical descriptions
1. Survey of land by Bureau of lands or duly licensed private surveyor 3. 3 copies of surveyor’s certificate
2. Filing of application for registration by applicant 4. All original muniments of title
3. Setting of date of initial hearing of application by RTC 5. 4 copies of certificate by city/provincial treasurer of assessed value of land
4. Clerk of court to transmit to Land Registration Authority the application, date of Amendments Allowed & Not Allowed
initial hearing & other pertinent docs 1. Substantial change in boundaries or increase in area – new technical description
5. Publication of notice of filing of application, date & place of hearing – in OG and in necessary – need new publication & notice
newspaper of general circulation 2. Substitution of name of new owner – file motion with court
6. Service of notice – contiguous owners, occupants & those who have interest in 3. Decrease the area – file motion in court
property Muniment of Title – instruments or written evidences which applicant hold or posses to
7. Filing of answer or opposition to application enable him to substantiate & prove title to his estate
8. Hearing of case by RTC Transaction Took Place Before Issuance of Decree:
9. Promulgation of judgment by court 1. Record instrument in Register of Deeds in same manner as if no application was
10. Issuance of decree by RTC – decision; Instruct land registration authority to issue made
decree of confirmation & registration 2. Present instrument to RTC, motion praying that same be considered in relation to
11. Entry of decree of registration in Land Titles Administration the pending application
12. Send copy of decree to Register of Deeds Transaction Took Place after Issuance of Decree:
13. Transcription of decree of registration in registration book & issuance of the  Register directly with REGISTER OF DEEDS for purpose of canceling such title &
owner’s duplicate original certificate of title of the applicant by the Land registration issuing a TCT.
Authority – upon payment of prescribed fees.

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT


CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS Notice in conspicuous place in land & bulletin board of municipality – 14 days before
Who may Apply: hearing
1. Those in open, continuous, exclusive, notorious possession of patrimonial property Hearing – within 7 days after publication in OG
of state under bona fide claim of ownership since June 12, 1945 or earlier
2. Those who acquired ownership of private land by prescription – 25 – 90 days from date of order
3. Those who acquired ownership of private lands by right of accretion
4. Those who acquired ownership in any manner provided for by law To Whom Notice must be Sent:
Limitation to Ownership of Land by Corporation: 1. City/municipal mayor & provincial governor
1. Private lands 2. Department of Agrarian Reform, Solicitor General & Director of Lands , Director of
2. At least 60% Filipino to acquire private land Fisheries, Director of Mines
3. Restricted as to extent reasonably necessary to enable it to carry out purpose which 3. Adjoining owners & those who have rights or interest thereto
it was created Requisites of Opposition:
4. If engaged in agricultural – restricted to 1,024 ha. 1. Set forth objections to the application
5. Patrimonial property of state 2. State interest claimed by oppositor
6. Lease for 25 years renewable General Default
7. Limited to 1,000 ha.  If no person appears and answers within time prescribed
8. Apply to both Filipinos & foreign cos. Special Default
Form & Contents of Application:  Party appears at initial hearing without having filed an answer and ask court for
1. In writing & signed by applicant or person duly authorized time to file answer but failed to do so within period allowed.
2. Description of land
3. Citizenship
CHAPTER 5: HEARING & DECREE 1. Motion for new trial – must be brought within 15 days from notice of judgment
Who Conducts Hearing: 2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not
1. RTC have guarded
2. Refer to referee – commissioner 3. Newly discovered evidence which could not be discovered & produced at trial
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for judicial 4. Evidence insufficient to justify decision, decision is against the law
confirmation of Imperfect title under the Public land act 5. Appeal – must be brought 15 days from notice of judgment
 There exist a title to be confirmed 6. Review of decree of registration – available to party deprived of day in court;
 Land applied for belongs to the state became non-party due to misrepresentation; invoke actual fraud; before expiration of
 Court may dismiss without prejudice to file new application 1 year; specific acts intended to deceive; will no longer prosper if already transferred
 Dismiss with prejudice to innocent purchaser for value
 Risk to have application denied without losing land 7. Plaintiff is owner of land registered in name of defendant
 Risk involves loss of land 8. Registration procured through actual fraud
9. Property has not issued to innocent purchaser for value
10. Action is filed within 1 year after issuance of decree of registration
11. Relief from judgment – 60 days – 6 months after entry of order; available to party to
CHAPTER 6: JUDGMENT & DECREE case, FAME; after judgment; person deprived of right is party to case
Decree – issued by land registration authority containing technical description of land; issued 12. Reconveyance – action in personam; available so long as property not passed yet to
after finality of judgment innocent purchaser for value; bad faith or with notice of defect
1. Decrees dismissing application 13. Recovery for damages
2. Decrees of confirmation and registration 14. Person is wrongfully deprived of his land by registration in name of another – actual
 Final after 1 year after decree or constructive fraud
 Unless there in innocent purchaser for value 15. No negligence on his part
16. Barred/ precluded from bringing an action
 Subject only to appeal
17. Action for compensation has not prescribed
 Once final, cannot be subject to attack, deemed conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected
 Amendment after 1 year is allowed – creation or extinguishment of new rights;
inclusion of new owners not allowed CHAPTER 7: CERTIFICATE OF TITLE
Judgment – decision of court constituting its opinion after taking into consideration the Torrens Title – certificate of ownership issued under the Torrens System of registration by the
evidence submitted government through road naming & declaring owner in fee simple of property described
Writ of Possession – order to sheriff to deliver the land to the successful party litigant; no therein free from all liens except those expressly noted.
prescription Process:
1. Against loser 1. Within 15 days from finality of order of judgment directing registration of title –
2. Against anyone unlawfully & adversely occupying court to order Land registration Admin to issue decree of registration and certificate
When Writ may not Issue: of title
 Person entered into property after decree- non claimant; had been there for 10 2. Clerk of court will send order of court & copies of judgment
years 3. Administrator to issue decree of registration & original & duplicate of OCT – signed
Means to Recover Possession: by Administrator, entered & file decree of registration in LRA
1. Forcible entry 4. Send to Register of Deeds – original & duplicate of title & certificate for entry in his
2. Unlawful detainer registration book
3. Accion publiciana 5. Enter in record book, dated, signed, numbered & sealed – take effect upon date of
4. Accion reindivicatoria entry
Res Judicata: 6. Register of Deeds to send notice to registered owner ready for delivery after
1. Former judgment must be final payment of fees
2. Rendered by court having jurisdiction over subject matter & parties 7. Register of Deeds shall send duplicate & note on each certificate of title to whom it
3. Judgment on merits is issued
4. Identity of parties, subject matter and causes of action 8. Original copy to be filed in Register of Deeds; bound in consecutive order.
Remedies Available to Aggrieved Party in Registration Proceedings: Action for Partition, Splitting or Consolidation of Titles:
1. Splitting or consolidation – ordinary – Register of Deeds level, no court involved
2. Subdivision plan – approval of NHA, final approval of LRA, then Register of Deeds to
issue memorandum that streets not to be disposed except by way of donation to CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
govt. shall be effected without approval of NHA. Involuntary Dealings – transactions affecting land in which cooperation of registered owner is
Annotations at Back of Certificate – need court order; otherwise null & void not needed: it may even be against his will
Attachment
 A writ issued at the institution or during progress of an action commanding the
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND demands of the plaintiff
Operative Act – registration by owner; deed not registered – binding only between parties  Kinds:
Process of Registration: 1. Preliminary
1. File instrument creating or transferring interest and certificate of title with Register 2. Garnishment
of Deeds 3. Levy on execution
2. Owner’s duplicate Registration of Attachment / Other Liens
3. Payment of fees & documentary stamp tax 1. Copy of writ in order to preserve any lien, right or attachment upon registered land
4. Evidence of full payment of real estate tax may be filed with Register of Deeds where land lies, containing number of certificate
5. Document of transfer – 1 copy additional for city/provincial assessor of title of land to be affected or description of land
6. Register of Deeds shall make a memorandum on the certificate of title, signed by 2. Register of Deeds to index attachment in names of both plaintiff & defendant or
him name of person whom property is held or in whose name stands in the records
7. Issue TCT 3. If duplicate of certificate of title is not presented:
Voluntary dealings 4. Register of Deeds shall within 36 hours send notice to registered owner by mail
 Need to present title – to record the deed in registry & to make memorandum on stating that there has been registration & requesting him to produce duplicate so that
title. memorandum be made
Involuntary dealings 5. If owner neglects or refuses – Register of Deeds shall report matter to court
 No presentation required; sufficient that annotation in entry book is sufficient 6. Court after notice shall enter an order to owner to surrender certificate at time &
Formal requisites of a deed: place to be named therein
1. Full name 4. Although notice of attachment is not noted in duplicate, notation in book of entry of
2. Nationality Register of Deeds produces effect of registration already.
3. Place of residence Effect of Registration of Attachment:
4. Postal address of grantee or other persons acquiring or claiming interest 1. Creates real right
5. Civil status 2. Has priority over execution sale
6. Whether or not corporation: 3. But between 2 attachments – one that is earlier in registration is preferred
4. If not registered – actual knowledge is same as registration
a. Register of Deeds to keep an entry book – day book Duty of Register of Deeds
 Basically ministerial but may refuse registration in ff circumstances:
b. Enter in order of reception all deeds & voluntary instruments, write & processes re land 1. Title to land is not in the name of defendant
-Year, month, day, time, minute of reception of instrument; Registered from time of entry 2. No evidence is submitted to show that he has present or possible future interest in
land
c. Fees of 5 bucks per document to be paid within 15 days 3. Unless: heir
Properties Exempt From Execution: Family Home
Attachment – How continued, reduced or discharged
d. Note memorandum & sign & issuance of certificate
 Any method sufficient in law
 Document to be registered
e. Documents are numbered & indexed & indorsed with reference to certificate of title–
1. EXECUTION SALE
public records
 To enforce a lien of any description on registered land, any execution or affidavit to
enforce such lien shall be filed with Register of Deeds where land lies
f. Subject to reasonable regulation
 Register in registration book & memorandum upon proper certificate of title as
adverse claim or as an encumbrance
 Cost borne by vendor.
 To determine preferential rights between 2 liens: priority of registration of 1. Before final judgment – court may order cancellation after showing that notice I
attachment sonly for purpose of molesting an adverse party or it is not necessary to protect
2. TAX SALE rights of party who caused it to be registered
 Sale of land for collection of delinquent taxes and penalties due the government 2. Register of Deeds may also cancel by verified petition of party who caused such
 In personam (all persons interested shall be notified so that they are given registration
opportunity to be heard) 3. Deemed cancelled when certificate of clerk of court stating manner of disposal of
 Notice to be given to delinquent tax payer at last known address proceeding is registered
 Publication of notice must also be made in English, Spanish & local dialect & posted Notice of Lis Pendens is an Involuntary Transaction
in a public & conspicuous place in place wherein property is situated & at main  Sufficient that there is entry in day book
entrance of provincial building Other Parties who Need to Register:
 Sale cannot affect rights of other lien holders unless given right to defend their 1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
rights: due process must be strictly observed  Duty of the officer serving notice to file copy of notice to Register of Deeds where
 Tax lien superior to attachment the property of debtor lies
 No need to register tax lien because it is automatically registered once the tax  Assignee elected or appointed by court shall be entitled to entry of new certificate
accrues of registered land upon presentment of copy of assignment with bankrupt’s
 But sale of registered land to foreclose a tax lien need to be registered certificate of title (duplicate)
Procedure of Registration of Tax Sale:  New certificate shall not that it is entered to him as assignee or trustee in
1. Officer’s return shall be submitted to Register of Deeds together with duplicate title insolvency proceedings
2. Register in registration book Judgment / Order Vacating Insolvency Proceedings
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance  Order shall also be registered
4. After period of redemption has expired & no redemption (2 years from registration  Surrender title issued in name of assignee & debtor shall be entitled to entry of new
of auction sale) cancellation of title & issuance of new one certificate
5. Before cancellation, notice shall be sent to registered owner: to surrender title & 2. GOVERNMENT IN EMINENT DOMAIN
show cause why it shall not be cancelled  Copy of judgment file in Register of Deeds which states description of property,
Actual Knowledge is Equivalent to Registration certificate number, interest expropriated, nature of public use
Adverse Claim  Memorandum shall be made or new certificate of title shall be issued
1. Make a statement in writing setting forth alleged interest, from whom acquired,
how acquired, no of certificate of land, name of registered owner, description of land
in which right/interest is claimed – signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
3. Effective for 30 days from date of registration 1. Lost Duplicate Certificate
4. After 30 days, may be cancelled by filing of verified petition by party in interest  Sworn statement that certificate is lost to be filed by person in interest with
 Any party may petition in court to cancel adverse claim Register of Deeds
 Court to grant speedy hearing  Petition to court for issuance of new title
 If adverse claim is adjudged invalid – may be cancelled  After notice and hearing – court to order issuance of new title with memorandum
5. No 2nd adverse claim based on same ground shall be registered by same claimant that it is issued in place of lost certificate (duplicate)
 If false statement: complex crime of estafa thru falsification of public document
2. Adverse claim in registered land
 Whoever claims a better right or interest in a land adverse to the registered owner
CHAPTER 14: REGISTRATION OF LIS PENDENS shall make written statement alleging his right, how and when acquired with
Purpose: keep subject matter within the power of the court until the entry of final judgment description of land
 Therefore creates merely a contingency & not a liens  Statement to be signed and sworn to
Effect of Registration:  Entitled to registration as adverse claim – noted on certificate of title
1. Impossibility of alienating the property in dispute during the pendency of the suit –  If there is petition – speedy hearing, determine validity of adverse claim
may be alienated but purchaser is subject to final outcome of pending suit  May be cancelled without court order; effective only for 30 days
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to  After cancellation, no adverse claim on same ground may be registered by same
be issued claimant
Cancellation of Lis Pendens: 1. Adverse to registered owner
2. Arises after original registration  In absence of registration, title to public land is not perfected and therefore not
3. Cannot be registered under provisions of land registration act indefeasible
 To be made on original certificate, to the duplicate is not necessary because no  In case of 2 titles obtained on same date – one procured thru decree of registration
access is superior than patent issued by director of lands
 Contracts of lease, contract to sell but prescription and money claims are not  2 titles procured by one person – one from homestead patent, one from judicial
allowed decree & sold to 2 diff persons, one who bought it for value and in good faith & one
 Purpose: measure designed to protect the interest of a person over a property who register first shall have preference.
where registration is not provided for by the land registration act; serve as notice and Classification of Land of Public Domain:
warning to persons subsequently dealing on said land  Classification is exclusive prerogative of executive & not by judiciary
 Different with lis pendens: permanent; can only be removed after hearing is done  Anyone who applies for confirmation of imperfect title has burden of proof to
but adverse claim is only for 30 days: lis pendens – notice that property is in litigation; overcome the presumption that the land sought to be registered forms part of public
adverse claim; somebody is claiming better right domain (Regalian doctrine).
 Recent ruling: adverse claim can only be removed upon court order Under the Constitution:
3. Petition Seeking Surrender of Duplicate Title 1. Agricultural – only one subject to alienation
 In voluntary and involuntary conveyances – when duplicate cannot be produced, 2. Forest or timber
petition in court may be filed to compel surrender of certificate of title duplicate to 3. Mineral lands
Register of Deeds 4. National park
 After hearing, may order issuance of new certificate and annul the old certificate; Under the Public Land Act:
new certificate shall contain annotation re annulment of old certificate 1. Alienable/disposable
4. Amendment and Alteration of Certificate of Title 2. Agricultural
 A certificate of title cannot be altered, amended except in direct proceeding in 3. Residential, commercial, industrial
court; summary proceeding 4. Educational, charitable
 Entries in registration books also not allowed to be altered except by order of the 5. Town sites and for public and quasi-public uses
court 6. Timber lands – inalienable
 Grounds: 7. Mineral lands inalienable
1. New interest not appearing on the instrument have been created  If patent or title is issued – void ab initio for lack of jurisdiction
2. Interest have terminated or ceased  Not subject to acquisitive prescription; even if in possession for long time, will not
3. Omission or error was made in entering certificate ripen into ownership
4. Name of person on certificate has been changed  Except: mineral lands and forest lands acquired before inauguration of
5. Registered owner has married Commonwealth in November 15, 1935; vested rights which are protected.
Fishponds
CHAPTER 19: REGISTRATION OF PUBLIC LANDS
Public Lands – all lands owned by the government Before: included in definition of agriculture, conversion of agricultural land to fishponds does
 Inalienable and alienable not change character of land
 Inalienable – public domain: timber and miner lands
 Alienable/ Disposable – public agricultural land Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be
Public land may be alienated, conveyed to private person. leased from government.
Procedure: Director of Lands
1. Official issuing instrument of conveyance to issue instrument  Quasi-judicial officer
2. File instrument with Register of Deeds  Findings of fact conclusive on higher court with absence of fraud, mistake other
3. Instrument to be entered in books and owner’s duplicate to be issued than error of judgment; but not with regards to finding of law
4. Instrument – only contract between Government and private person and does not  Empowered to alienate and dispose lands
take effect as conveyance if unregistered, it is registration which is operative act of Modes of Alienating Public Lands:
conveying land; evidence of authority for Register of Deeds to register 1. Homestead settlement
5. Fees to be paid by grantee 2. Sale
6. After issuance of certificate of title, land is deemed registered land within the 3. Confirmation of imperfect or incomplete title
purview of the Torrens system 4. Judicial legalization
Nature of Title to Public Lands conveyed: Indefeasible and Conclusive 5. Administrative legalization
 Lease not included since lease does not transfer ownership; free-title grant: free 1. Cannot be alienated within 5 years after approval of application for patent
distribution of public lands to encourage people to cultivate; government furnishes 2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
the applicant with tolls plus cash allowance to enable him to cultivate application
Confirmation of Imperfect Title: 3. Subject to repurchase of heirs within 5 years after alienation when allowed already
1. Last extension granted by Government was until December 31, 1987 4. No corporation, partnership, association may acquire unless solely for commercial,
2. Right made available to person qualified to acquire alienable and disposable public industrial, educational, religious or charitable purpose or right of way subject to
land thru open, continuous, exclusive, notorious (OCEN) possession consent of grantee & approval of Secretary of Natural resources
under bonafide claim of ownership since June 12, 1945. Exceptions:
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did 1. Action for partition because it is not a conveyance
not receive title, without default on their part provided they have occupied since 2. Alienations or encumbrances made in favor of the government
their application Erred Homesteader not Bared by Pari Delicto
4. In OCEN possession since June 12, 1945 or earlier  Pari delicto rule does not apply in void contract
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30  Violation of prohibition results in void contract
years  Action to recover does not prescribe
Max Land that can be Applied: 144 hectares Homesteader
 In case of foreigner, sufficient that he is already Filipino citizen at the time of his  If he dies, succeeded by heirs in the application
application Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
 Corporation who has less 60% Filipino ownership cannot apply confirmation of  Conveyance is valid if able to read and can understand language where deed is
imperfect title; can only lease written
Persons Competent to Question Land Grant  Otherwise, not valid unless approved by Commission on National Integration
 Persons who obtained title from State or thru persons who obtained title from State  Safeguard is to protect them against fraud/deceit
PATENT
When is Government Grant Deemed Acquired by Operation of Law: CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
1. Deed of conveyance issued by government patent/grant Purpose:
2. Registered with Register of Deeds – mandatory: operative act to convey & transfer  Another means to bring lands under operation of Torrens System
title  Ordinary registration is slow for lack of initiative on part of landowners, innovation
3. Actual physical possession, open & continuous was conceived to hasten and accelerate registration
 Land ceased to be part of public domain & now ownership vests to the grantee  Government initiates that all lands within a stated region are up for registration –
 Any further grant by Government on same land is null & void whether or not owners are interested to settle their titles
 Upon registration, title is indefeasible Nature of Proceedings:
Title Issued Pursuant to Registration of Patent  In rem
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year  No defendant & no plaintiff
after issuance of patent  Compulsory
2. May not be opened one year after entry by Land Registration Authority; otherwise, Procedure:
confusion, uncertainty & confusion on government system, of distribution of public 1. Cadastral survey
lands may arise & this must be avoided  In opinion of Phil president pursuant to requirement of public interest, title of land
Except: annullable on ground of fraud, may be reopened even after 1 year because within a specified area needs to be settled and adjudicated
registration does not shield bad faith  Order Director of Lands to make survey and plan
 Court in exercise of equity jurisdiction may direct reconveyance even without  Director gives notice to persons claiming interest in lands & to gen public of day of
ordering cancellation of title survey – published in OG and posted in conspicuous place on lands to be surveyed
Aim of Homestead Patent:  Geodetic engineers commences survey
 Benevolent intention of government to distribute disposable agricultural land to  During survey, boundaries are marked by monuments
destitute citizens for their home and cultivation 2. Filing of petition
 As a matter of public policy, may be repurchased even if after 5 years provided not  After survey and plot been made, Director represented by Sol Gen institutes
for profit cadastral proceeding by filing petition in court against holders, claimants, possessors,
 Right of repurchase not allowed if sold within family & not for cultivating or living occupants
but for speculation purpose  Parcel of lots given their cadastral numbers
Restrictions: 3. Publication of notice of hearing
 Court to order date of hearing settlement of titles
 LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general
circulation & copy mailed to person whose address is known & other copies posted in Government undertakes survey
conspicuous place designated bylaw Survey and advances expenses On account of owner
4. Filing of answer
 Any person claiming interest in any part of lands subject to petition is required to Applicant has another chance
file answer In absence of successful claimant, to claim is dismissal is without
 Answer must give the ff details: As to risk property goes to government prejudice
1. Age of claimant
When can Cadastral Proceedings may be Opened
2. Cadastral number of lot claimed
 10 years up to Dec 31, 1968
3. Name of barrio or municipality where lot is located
 Unable to file their claim even while in possession granted right to petition for
4. Name of owners of adjoining lots
reopening of proceedings provided such were not alienated, leased or disposed by
5. If in possession & without grant – no of years in possession
government
6. If not in possession – state interest claimed
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession
7. If assessed of taxation – assessed value
 Provisions of land registration act applicable to cadastral proceedings
8. Any encumbrances affecting said lots
9. Hearing of case
CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
 In any convenient place where land lies
 System of registration for unregistered land under the Torrens System (ACT 3344)
 Like an ordinary RTC trial
 Before: covers voluntary dealings, now includes involuntary dealings
 Conflicting claims are determined
 Effect if prospective; binds 3rd persons after registration but yields to better rights of
 Lots claimed are awarded to persons entitles – if they could prove title
3 person prior to registration (limited effect to 3rd parties)
rd
 If none could prove title – land is declared public domain
 Reason: no strict investigation involved
6. Decision
 Subsequent dealings – also valid if recorded
 Claimants are notified of decision
 Register of Deeds keeps day book & a register; index system is also kept
7. Issuance of decree and certificate of title
 Procedure:
 Upon order of court, LRA to enter decree of registration
1. Presentment of instrument dealing in unregistered land
 Decree made basis for issuance of OCT
2. If found in order – registered
 Decree are now being directly prepared and issued on regulation forms of such
3. If found defective – registration is refused writing his reason for refusal
certificate
Nature of Title Covered by 2 Acts:
 Title in good faith & for value
 Errors in plan does not annul decree of registration
 Cancellation & correction is permitted
Land Already Registered
 Jurisdiction is limited only to correction of technical errors
 Court cannot issue decree on land already decreed
 Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another
 Jurisdiction subsist to all incidental matters
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
CADASTRAL ORDINARY

Party Initiating Government Private Individual

Subject Matter Private and Public Private Lands

Government does not assert


Ownership ownershipInterested only in Ownership is Asserted