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Basic Concepts

 
CADASTRAL PROCEEDINGS (READ: PRDRL, Agcaoili, 2018 Ed., pp. 350-368)
 
BASIC CONCEPTS. READ: Basic concepts in cadastral registration proceedings, 142 SCRA
71; Read Sections 35-38, PD 1529.
 

 Explain the nature of cadastral proceedings. READ: Sec. 2, PD 1529; Vda. De


Barroga vs. Albano, 157 SCRA 131

PD 1529

 Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial


proceedings for the registration of lands throughout the Philippines shall be in
rem and shall be based on the generally accepted principles underlying the
Torrens system.

Courts of First Instance shall have exclusive jurisdiction over all applications for
original registration of title to lands, including improvements and interests therein,
and over all petitions filed after original registration of title, with power to hear and
determine all questions arising upon such applications or petitions. The court
through its clerk of court shall furnish the Land Registration Commission with two
certified copies of all pleadings, exhibits, orders, and decisions filed or issued in
applications or petitions for land registration, with the exception of stenographic
notes, within five days from the filing or issuance thereof.

 Under the Cadastral system, pursuant to initiative on the part of the government,
titles for all the land within a stated area are adjudicated whether or not the
people living within the area desire to have titles issued.
 The principal aim is to settle as much as possible all disputes over land and to
remove all clouds over land titles, as far as practicable, in a community.
 Is the jurisdiction of a cadastral court limited to adjudicating ownership to
claimants? What shall the court do if there are no claimants? READ: Republic vs.
Vera,  GR No. L-35778,  27 January 1983, 120 SCRA 210; Vda. De Arceo vs. CA, 184
SCRA 602

Vda. De Arceo vs. CA, 184 SCRA 602

 No, not limited to ownership. It is not amiss to state likewise that where the issue, say,
of ownership, is ineluctably tied up with the question of right of registration, the cadastral
court commits no error in assuming jurisdiction over it, as, for instance, in this case, where
both parties rely on their respective exhibits to defeat one another's claims over the parcels
sought to be registered, in which case, registration would not be possible or would be unduly
prolonged unless the court first decided it.

Republic vs. Vera,  GR No. L-35778

In the instant cases, private respondents apparently either did not file their answers in the
aforesaid cadastral proceedings or failed to substantiate their claims over the portions they were
then occupying, otherwise, titles over the portions subject of their respective claims would have
been issued to them. The Cadastral Court must have declared the lands in question public
lands, and its decision had already become final and conclusive.

Respondents are now barred by prior judgment to assert their rights over the subject land,
under the doctrine of res judicata. A cadastral proceeding is one in rem and binds the whole
world. Under this doctrine, parties are precluded from re-litigating the same issues already
determined by final judgment.

 Does the cadastral court have jurisdiction to adjudicate lands already covered by
a certificate of title? READ: Widows and Orphans vs. CA, 201 SCRA 175;

Widows and Orphans vs. CA, 201 SCRA 175;

 While it may be true, as respondent Ortigas argues, that a land registration court has no
jurisdiction over parcels of land already covered by a certificate of title, it is nevertheless
true that the aforesaid rule only applies where there exists no serious controversy as to
the certificate's authenticity visa vis the land covered therein. 
o Are there exceptions?
 May the cadastral court correct technical errors in the description of
lands already registered? READ: Pamintuan vs. San Agustin, 43 Phil. 558;

READ: Pamintuan vs. San Agustin, 43 Phil. 558;

 Yes, the jurisdiction of the court over lands already registered is limited to the
necessary correction of technical errors in the description of the lands, provided,
such corrections, do not impair the substantial rights of the registered owner,
and that such jurisdiction cannot operate to deprive a registered owner of his
title.

 May the cadastral court resolve overlapping claims of landowners


over titled lands?  READ: Gabriel vs. CA, 159 SCRA 461

Gabriel vs. CA, 159 SCRA 461

 Yes, In a later case, such power of the court was further clarified and
amplified to the effect that the above proposition does not exclude
from the jurisdiction of the court the power to determine the priority
of over-lapping or over-lying registered titles. There is nothing in this
proposition which militates against allowing the court in a cadastral
case to determine which one of several conflicting registered titles
shall prevail. This power is necessary for a complete settlement of the
title to the land, which is the express purpose of cadastral proceedings
and must therefore, be considered as within the jurisdiction of the
courts in such proceedings. Furthermore, it was stressed that in such
proceedings no final decree or registration was reopened or set aside

Procedure
A cadastral proceeding is one of the three judicial modes of land registration. Similar to
an ordinary land registration proceeding and judicial confirmation of imperfect title, a
cadastral proceeding is in rem and against everybody.  The judgment therein is binding
on the whole world.
However, what distinguishes a cadastral proceeding is its INVOLUNTARINESS in the
sense that the initiative in the filing of the petition for registration is by the government,
not by the persons claiming ownership of the lands. These persons, on pain of losing
their claims to their lands are compelled to go to court and participate in the cadastral
proceedings where they make known their claim or interest therein and substantiate the
same, using the same kind of evidence in an ordinary land registration proceeding or
judicial confirmation of imperfect title.

 When is title deemed vested in a cadastral proceeding? READ: Merced vs CA, GR


No. L-17757, 30 May 1962, 5 SCRA 240.

Merced vs CA, GR No. L-17757, 30 May 1962, 5 SCRA 240.

 the title of ownership on the land is vested upon the owner upon the expiration of the
period to appeal from the decision or adjudication by the cadastral court, without such an
appeal having been perfected. The certificate of title would then be necessary for
purposes of effecting registration of subsequent disposition of the land where court
proceedings would no longer be necessary.

The following is the cadastral process...

Order for speedy settlement &


adjudication
ORDER FOR SPEEDY SETTLEMENT & ADJUDICATION. READ: Sec. 35, PD 1529

 Who initiates cadastral proceedings? READ: Sec. 35 (a), PD 1529

(a) When in the opinion of the President of the Philippines public interest so requires that title to
any unregistered lands be settled and adjudicated, he may to this end direct and order the
Director of Lands to cause to be made a cadastral survey of the lands involved and the plans
and technical description thereof prepared in due form.

> > the government initiates a cadastral case, compelling all claimants in a
municipality to litigate against one another regarding their respective claims of
ownership.

 What is the duty of the Director of Lands? READ: Sec. 35 (b), PD 1529
o Notice of Cadastral survey; Contents of notice; Publication; Posting;
Mailing

Sec. 35 (b), PD 1529

 Thereupon, the Director of Lands shall give notice to persons claiming any interest in
the lands as well as to the general public, of the day on which such survey will begin,
giving as fully and accurately as possible the description of the lands to be surveyed.
Such notice shall be punished once in the Official Gazette, and a copy of the notice
in English or the national language shall be posted in a conspicuous place on the
bulletin board of the municipal building of the municipality in which the lands or any
portion thereof is situated. A copy of the notice shall also be sent to the mayor of
such municipality as well as to the barangay captain and likewise to the
Sangguniang Panlalawigan and the Sangguniang Bayan concerned.

o Is there a difference on the requirements of notice with ordinary land


registration proceedings? 
 Who undertakes the initial survey? READ: Sec. 35(c), PD 1529

(c) The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey
shall give notice reasonably in advance of the date on which the survey of any portion of such
lands is to begin, which notice shall be posted in the bulletin board of the municipal building of
the municipality or barrio in which the lands are situated, and shall mark the boundaries of the
lands by monuments set up in proper places thereon. It shall be lawful for such Geodetic
Engineers and other employees to enter upon the lands whenever necessary for the purposes of
such survey or the placing of monuments.

 What is the duty of a person claiming interest on the land? READ: 35(d), PD 1529

35(d), PD 1529

 (d) It shall be the duty of every person claiming an interest in the lands to be surveyed,
or in any parcel thereof, to communicate with the Geodetic Engineer upon his request
therefor all information possessed by such person concerning the boundary lines of any
lands to which he claims title or in which he claims any interest.

 What is the liability for interfering with or obstructing the survey? READ: Sec.
35(e), PD 1529
Sec. 35(e), PD 1529

 (e) Any person who shall willfully obstruct the making of any survey undertaken by the
Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the
survey under this Section, or shall maliciously interfere with the placing of any monument
or remove such monument, or shall destroy or remove any notice of survey posted on
the land pursuant to law, shall be punished by a fine of not more than one thousand
pesos or by imprisonment for not more than one year, or both.

Petition for registration


PETITION FOR REGISTRATION. READ: Sec. 36, PD 1529
 

 Who files the petition for cadastral registration?  READ: Sec. 36, PD 1529

Sec. 36, PD 1529

 When the lands have been surveyed or plotted, the Director of Lands, represented by
the Solicitor General, shall institute original registration proceedings by filing the
necessary petition 

 Which court? READ: Sec. 36, PD 1529

Sec. 36, PD 1529

 in the Court of First Instance of the place where the land is situated

 Against whom is the petition filed? READ: Sec. 36, PD 1529

Sec. 36, PD 1529

 against the holders, claimants, possessors, or occupants of such lands or any part
thereof, stating in substance that public interest requires that the title to such lands be
settled and adjudicated and praying that such titles be so settled and adjudicated:

 What are the contents, purpose and prayer of the petition? Sec. 36, PD 1529

Sec. 36, PD 1529

 The petition shall contain a description of the lands and shall be accompanied by a plan
thereof, and may contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right or interest therein.

 How are the lots designated? READ: 3rd par., Sec. 36, PD 1529

3rd par., Sec. 36, PD 1529

 Where the land consists of two or more parcels held or occupied by different persons,
the plan shall indicate the boundaries or limits of the various parcels as accurately as
possible. The parcels shall be known as "lots" and shall on the plan filed in the case be
given separate numbers by the Director of Lands, which numbers shall be known as
"cadastral lot numbers". The lots situated within each municipality shall, as far as
practicable, be numbered consecutively beginning with number "one", and only one
series of numbers shall be used for that purpose in each municipality. However in cities
or townsites, a designation of the landholdings by blocks and lot numbers may be
employed instead of the designation by cadastral lot numbers.

Answer
ANSWER. READ: Sec. 37, PD 1529

 Who may file an answer? What is the form and contents of an answer? When 
shall an answer be filed. READ: Sec. 37, PD 1529

 Any claimant in cadastral proceedings, whether named in the notice or not, shall appear
before the court by himself or by some other authorized person in his behalf, and shall
file an answer on or before the date of initial hearing or within such further time as may
be allowed by the court. 
The answer shall be signed and sworn to by the claimant or by some other authorized person in
his behalf, and shall state whether the claimant is married or unmarried, and if married, the
name of the spouse and the date of marriage, his nationality, residence and postal address, and
shall also contain:

(a) The age of the claimant;

(b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the
case by the Director of Lands, or the block and lot numbers, as the case may be;

(c) The name of the barrio and municipality in which the lots are situated;

(d) The names and addresses of the owners of the adjoining lots so far as known to the
claimant;

(e) If the claimant is in possession of the lots claimed and can show no express grant of
the land by the government to him or to his predecessors-in-interest, the answer shall
state the length of time he has held such possession and the manner in which it has
been acquired, and shall also state the length of time, as far as known, during which the
predecessors, if any, held possession;

(f) If the claimant is not in possession or occupation of the land, the answer shall fully set
forth the interest claimed by him and the time and manner of his acquisition;

(g) if the lots have been assessed for taxation, their last assessed value; and

(h) The encumbrances, if any, affecting the lots and the names of adverse claimants, as
far as known.

 When is a motion to dismiss proper? READ: Duran vs. Olivia, GR No. L-16589, 29
September 1961, 3 SCRA 154  AND Republic vs. CA, 99 SCRA 651

Duran vs. Olivia, GR No. L-16589, 29 September 1961, 3 SCRA 154  

 That the cause of action is barred by a prior judgment or by the statute of limitations;
 once decreed by a court of competent jurisdiction, the title to the land thus determined is
already a res judicata binding on the whole world, the proceedings being in rem. The
court has no power in a subsequent proceeding (not based on fraud and within the
statutory period) to adjudicate the same title in favor of another person.
o Are the  Rules of Court applicable? READ: Sec. 34, PD 1529

Yes, The Rules of Court shall, insofar as not inconsistent with the provision of this Decree,
be applicable to land registration and cadastral cases by analogy or in a suppletory
character and whenever practicable and convenient.

Hearing in cadastral cases


HEARING: READ: Sec. 38, PD 1529

 Where shall the hearing be conducted? READ: Sec. 38, PD 1529

 The trial of the case may occur at any convenient place within the province in which the
lands are situated.

 What is the procedure during the hearing? READ: Sec. 38, PD 1529)

 shall be conducted in the same manner as in ordinary land registration proceedings and
shall be governed by the same rules.

 Are lands already titled subject to cadastral proceedings? READ: Sideco vs. Aznar,
GR No. L-4831, 24 April 1953, 92 Phil. 952

Sideco vs. Aznar, GR No. L-4831, 24 April 1953, 92 Phil. 952

 It is well-settled that land already decreed and registered in an ordinary land registration
proceeding can not again be subject of adjudication or settlement in a subsequent
cadastral proceeding. This does not mean, however that in proper cases and upon
proper application or the consent of the registered owners, or of the person in whose
name the decree is issued, the court may not order a change in the names of the owners
by inclusion or exclusion of some, or in the rights or participation of each in the land
registered. 
 it was held that the cadastral court has jurisdiction to determine the priority or relative
weight of two or more certificates of title for the same land.
Judgment in a cadastral proceeding
JUDGMENT: READ: Sec. 38, PD 1529

 What is the effect of a court decision or judgment in a cadastral land registration


case? READ: Silvestre vs. CA, 115 SCRA 63

Silvestre vs. CA, 115 SCRA 63

 Under the law, once a decree of registration is issued under the Torrens
system and the one-year period from the issuance of the decree of
registration has lapsed without said decree being controverted by any
adverse party, the title becomes perfect and cannot later on be questioned.

o When shall the judgment declare that the  land applied for is public land?
READ: Director of Lands vs. CA, 106 SCRA 426 

In the absence of successful claimants, the property is declared public land.

o May new certificates of title be issues under the Cadastral Act to those
already holding Torrens titles for lands within the cadastre? READ: Government
of PI vs Arias, GR No. 11419, 30 January 1917, 36 Phil. 194

Yes, "A certificate of title to land made in accordance with the provisions of the
Cadastral Act (No. 2259), issued to one holding a valid Torrens title for lands
within the cadastral survey, must include all the land contained in the certificate
of such Torrens title.

o Can the cadastral court order the amendment of the official plan to include
land not previously included  therein? READ: Director of Lands vs. Benitez, GR
No. L-21368, 31 March 1966, 123 Phil 366

NO. It is for this reason that this Court has held that "An order of a court in a cadastral case
amending the official plan so as to make it include land not previously included therein is a
nullity unless new publication is made as a preliminary to such step. Publication is one of the
essential bases of the jurisdiction of the court in land registration and cadastral cases, and
additional territory cannot be included by amendment of the plan without new publication"
o Can a registered land be divested of their titles by a subsequent cadastral
proceeding? READ: Addison vs. Payatas Estate, GR No. 39095, 27 September
1934, 60 Phil. 673

No. A land which has been duly registered and for which a Torrens certificate of
title has been issued cannot be given to another person in a cadastral
proceeding.

o May the cadastral court order the subdivision of the land decreed in favor
of two or more co-owners in the same case? READ: Government vs. Abadinas,
GR No. 45324, 27 May 1939, 68 Phil. 254

No, to subdivide a lot, as in the present case, does not call for an action for
partition, but only for an application in the same cadastral or registration
proceedings, as the case may be, and the court may grant it in these
proceedings.

o Does the cadastral court have jurisdiction to order the amendment of the
decree of registration and the certificate of title where the amendment consists
of the inclusion of co-heirs as co-owners of the registered property? READ:
Garcia vs. Reyes, GR No. 28675, 26 January 1928, 51 Phil. 409

Yes, BUT The trial court has no jurisdiction to amend the decree of registration
for the purpose of including new owners after the lapse of one year.

APPEAL

 How and when is appeal taken? READ: Heirs of Cornelio Labrada vs. Monsanto,
131 SCRA 651; Secs. 18 & 19, Interim Rules and Guidelines relative to the Judiciary
Act of 1981 (BP 129).

The pertinent provisions of Appellate Procedure on appeals are contained in sections


18 and 19 of the Interim Rules and Guidelines, as follows: jgc:chanrobles.com.ph

"18. Elimination of record on appeal and appeal bond. — The filing of a record on
appeal shall be dispensed with, except in the cases referred to in sub-paragraph (b)
of paragraph 19 hereof.
"No appeal bond shall be required for an appeal.

"19. Period of Appeal. —

(a) All appeals, except in habeas corpus cases and in the cases referred to in
paragraph (b) hereof, must be taken within fifteen (15) days from notice of the
judgment, order, resolution or award appealed from.

(b) In appeals in special proceedings in accordance with Rule 109 of the Rules of
Court and other cases wherein multiple appeals are allowed, the period of appeal
shall be thirty (30) days, a record of appeal being required." cralaw virtua1aw library

These rules were issued pursuant to the provisions of Batas Pambansa Blg. 129,
particularly section 39 thereof which provides for a 15-day period within which to
take an appeal and expressly abolished the need of a record on appeal, as
follows: jgc:chanrobles.com.ph

"SEC. 39. Appeals. — The period for appeal from final orders, resolutions, awards,
judgments or decisions of any court in all cases shall be fifteen days counted from
the notice of the final order, resolution, award, judgment, or decision appealed
from.

"No record on appeal shall be required to take an appeal. In lieu therefor, the entire
original record shall be transmitted with all the pages prominently numbered
consecutively, together with an index of the contents thereof." cralaw virtua1aw library

 What is the effect of failure to appeal? READ: De la Merced vs. CA, 5 SCRA 145

As a general rule, registration of title under the cadastral system is final, conclusive, and
indisputable, after the passage of the thirty-day period allowed for an appeal from the date of
receipt by the party of a copy of the judgment of the court adjudicating ownership without any
step having been taken to perfect an appeal. The prevailing party may then have execution of
the judgment as of right and is entitled to the certificate of title issued by the Chief of the Land
Registration Office. The exception is the special provision providing for fraud.

 Discuss the extent of the court’s power to set aside its judgment and readjudicate
land. READ: Cayanan vs. delos Santos, 21 SCRA 1348

"It should be borne in mind that the adjudication of land in a registration or cadastral case does
not become final and incontrovertible until the expiration of one year after the entry of the final
decree. Within this period of one year the decree may be reopened on the ground of fraud and
the decree may be set aside and the land adjudicated to another party. As long as the final
decree is not issued and the period of one year within which it may be reviewed has not elapsed,
the decision remains under the control and sound discretion of the court rendering it." itc-
 May the cadastral court award damages in a cadastral proceeding? READ:
Abellera vs. Guzman, 85 Phil 738; Medina vs. Valdellon, 63 SCRA 278

Abellera vs. Guzman, 85 Phil 738

 No, The cadastral court possesses no authority to award damages, for its
power is confined to the determination as to whether the claimants are really
entitled to the lots, as alleged in their answers; and, after finding that they
are to the confirmation of their title to, and registration of the lots in their
name.

Finality of judgment
FINALITY OF JUDGMENT

 When does adjudication in a cadastral case become final. READ: Cayanan vs.
Delos Santos, 21 SCRA 1348

the adjudication of land in a registration or cadastral case does not become final and
incontrovertible until the expiration of one year after the entry of the final decree

 Is reopening of the decree of registration in a cadastral proceeding allowed?


READ: RA 931 (1953);

No,  All persons claiming title to parcels of land that have been the object of cadastral proceedings,
who at the time of the survey were in actual possession of the same, but for some justifiable reason
had been unable to file their claim in the proper court during the time limit established by law, in
case such parcels of land, on account of their failure to file such claims, have been, or are about to
be declared land of the public domain, by virtue of judicial proceedings instituted within the forty
years next preceding the approval of this Act, are hereby granted the right within five years after the
date on which this Act shall take effect, to petition for a reopening of the judicial proceedings under
the provisions of Act Numbered Twenty-two hundred and fifty-nine, as amended, only with respect
to such of said parcels of land as have not been alienated, reserved, leased, granted, or otherwise
provisionally or permanently disposed of by the Government, and the competent Court of First
Instance, upon receiving such petition, shall notify the Government, through the Solicitor General,
and if after hearing the parties, said court shall find that all conditions herein established have been
complied with, and that all taxes, interests and penalties thereof have been paid from the time
when land tax should have been collected until the day when the motion is presented, it shall order
said judicial proceedings reopened as if no action has been taken on such parcels. 

o If not, since when?  READ: Republic vs. Estenzo, 158 SCRA 282 (1988)

 What are the limitations of a cadastral judgment on the rights of the claimant.
READ: City of Baguio vs. Marcos, 27 SCRA 342;

 What are the limitations of a cadastral judgment on the power of the court to
order reopening of proceedings? READ: City of Baguio vs. Marcos, 27 SCRA 342

 Is a decision of the cadastral court declaring the land public land a bar to a
subsequent action for confirmation of title over the same land? READ: Director of
Lands vs. Court of Appeals, GR No. L-47847, 31 July 1981, 106 SCRA 426

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