For legal research purposes of lawyers visiting this blog, may I simplify hereinbelow the basic things to
do in handling a petition or application for original and cadastral land registration before the Regional
Trial Courts (RTC) of the Philippines.
Ref.:
1. 2002 Rev. Manual for Clerks of Court; see Appendix “B” (LRA Manual of Instructions [for clerks of courts]);
2. PD 1529, Sec. 14, et. seq. (Prop. Reg. Decree of 1978 [Orig. Reg.]);
3. Act 2259 (Cadastral Act);
4. CA No. 141 (Public Land Act).
1. Orig. plan in tracing cloth or diazo polyester film duly approved by the DENR Reg. Tech. Dir.
2. In lieu thereof, a true copy of the said orig. plan attested and certified correct by the Reg. Tech. Dir. or his duly
authorized official.
3. Two white or blue print copies of the plan.
4. Orig. And two copies of the technical descriptions certified by the Reg. Tech. Dir. or his authorized official. Not
merely signed by the Geod. Engr.
5. Orig. and two copies of the Geod. Engr.’s certificate. In lieu thereof, a certification (orig. and two copies) from
the Reg. Tech. Dir. as to its non-availability.
6. Tax Dec. or in lieu thereof, an affid. of 3 disinterested person as to the market value of the land (Jud. Form
81).
7. All orig. muniments of title of the petitioner which prove his ownership of the land. Not mandatory as along as
the docs can be produced before the court during the trial.
Work to do before filing petition (secure orig. copies of the attachments to the petition):
1. Work out with the ofc. of the DENR Reg. Tech. Dir. All the approved plans, tech. descrip., certif.. of non-
availability of Geod. Engr.’s certificate.
2. Work out with priv. Geod. Engr. the orig. copy of his Certif.
3. Work out with the local Assessor the orig. copy of the Tax Dec.
4. Gather all proofs of ownership – deeds, contracts, special powers of attorney, etc.
5. Gather all proofs of payments of taxes - local real estate and transfer taxes and all BIR/national revenue taxes
involving the land and all related transactions.
6. Others.
The petitioner must submit proof of service of a copy of the petition and its annexes on the Reg. Exec. Dir. of the
DENR (by way of Copy Furnished). Allege in the petition. Attach affid. of service. (Sec. 17, Pd 1529).
Publication fees (notice of initial hearing) – pay to LRA docket section. Bring certified copy of the order. The initial
hearing is set not earlier than 45 days nor later than 90 days from the date of the issuance of the order. (Sec. 23,
PD 1529).
Initial hearing:
Order of initial hearing must be issued within 5 days from filing of petition (after raffle to the court branch).
Two copies of order of initial hearing are served on the LRA within 15 days from issuance thereof. LRA shall
arrange for its publication in the Off. Gaz. and in a national newspaper (once only). Petitioner must pay
publication fee to LRA docket section cashier. Get OR.
Fees – see Sec. 111, PD 1529. To be collected by RTC OCC. Based on assessed value of land and
improvements, per Tax Dec. or per joint affid. of 3 disinterested person as to its market value. Get OR. (See also
new Rule 141, Legal Fees; and Rule 142, Costs of Suit).
Cost of publications. – To be paid to the LRA, approx. P1, 000 (Off. Gazz.). Fees of national newspaper vary. Go
to LRA docket section with certif. copy of order of initial hearing, with court case/docket number, for ref. of LRA
cashier.
Upon gen. default, petitioner may move for ex parte presentation of evid. before the BCC as commissioner.
(Rule 32, Rules of Court).
The court’s LRC Case No. (court docket no.) is different from the LRA’s Rec. No. The LRA Rec. No. is set by
LRA, not by the court.
Legend:
Prepared by: