CADASTRAL REGISTRATION PROCEEDINGS
Nature and Purpose 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 purpose, as stated in Section 35(a), is to serve the public interest by
requiring that the titles to any unregistered lands “be settled and adjudicated.” (Sec. 35, PD 1529)
The government initiates a cadastral case, thru the OSG, compelling all claimants in a municipality
to litigate against one another regarding their respective claims of ownership. By this plan, all the
private lands in a town are registered in one single collective proceeding. Thus, the piecemeal and
isolated registration of lands, so inadequate in more ways than one, is avoided. 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
Characterize the nature of It is in the nature of a proceeding in rem, initiated by the government, somewhat akin to a judicial
the proceeding inquiry and investigation leading to a judicial decree.
In one sense, there is no plaintiff and there is no defendant.
In another sense, the government is the plaintiff and all the claimants are defendants. The usual
rules of practice, procedure, and evidence govern registration proceedings.
Steps leading to the 1. Cadastral survey preparatory to filing of petition
adjudication of property - When in the opinion of the President, public interest so requires that title to any
through cadastral unregistered lands be settled and adjudicated, he may direct and order the Director of
proceedings Lands to cause to be made a cadastral survey of the lands involved. Thereupon, the
Director of Lands shall give notice to persons claiming any interest in the lands and to the
general public of the day of the survey, such notice to be: (a) published in the Official
Gazette, (b) posted in the places indicated, and (c) sent to the municipal mayor, barangay
captain, sangguniang panlalawigan and sangguniang bayan concerned.
2. Filing of petition for registration
- 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 in the Regional Trial Court of the place where the land is situated against the
holders, claimants, possessors, or occupants of such lands or any part thereof, stating that
public interest requires that the title to such lands be settled and adjudicated and praying
that such titles be so settled and adjudicated.
3. Notice of survey and publication
- 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 the survey will begin, giving an accurate
description of the lands to be surveyed. The notice shall be published once in the Official
Gazette, and posted in the bulletin board of the municipally. A copy of the notice shall also
be sent to the municipal mayor, the barangay captain, the sangguniang panlalawigan and
sangguniang bayan concerned.
4. Filing of answer
- Any claimant, whether named in the notice or not, 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 his status, whether married or unmarried, his nationality and
postal address. The answer shall also contain the: (a) age of the claimant; (b) cadastral
number of the lot or lots claimed; (c) name of the barrio and municipality in which the lots
are situated; (d) 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, the length of time
he has held such possession and that of his predecessors, and the manner in which it has
been acquired; (f) if the claimant is not in possession or occupation of the land, the
interest claimed by him and the time and manner of his acquisition; (g) the last assessed
value of the lot/lots; and (h) the encumbrances, if any, affecting the lots and the names of
adverse claimants, as far as known.
5. Hearing of the petition
- The trial of the case may occur at any convenient place within the province in which the
lands are situated and shall be conducted, and orders for default and confessions entered,
in the same manner as in ordinary land registration proceedings and shall be governed by
the same rules.
6. Judgment; when title deemed vested
- All conflicting interests shall be adjudicated by the court and decrees awarded in favor of
the persons entitled to the lands or to parts thereof and such decrees shall be the basis for
issuance of original certificates of title in favor of the rightful owners which shall have the
same effect as certificates of title granted in ordinary land registration proceedings. In the
absence of successful claimants, the property is declared public land
Actions taken by the court After trial in a cadastral case, three actions are taken.
1.
The first adjudicates ownership in favor of one of the claimants. This constitutes the decision —
the judgment — the decree of the court, and speaks in a judicial manner.
2. The second action is the declaration by the court that the decree is final and its order for the
issuance of the certificates of title by the Administrator of the Land Registration Authority. Such
order is made if within fifteen days from the date of receipt of a copy of the decision no appeal
is taken from the decision. This again is judicial action, although to a less degree than the first.
3. The third and last action devolves upon the Land Registration Authority. This office has been
instituted “in order to have a more efficient execution of the laws relative to the registration of
lands” and to “issue decrees of registration pursuant to final judgments of the courts in land
registration proceedings.
Title is deemed vested In the absence of fraud, title to land in a cadastral proceeding is vested on the owner, upon the
expiration of the period to appeal from the decision or adjudication by the cadastral court, without
such appeal being perfected; and from that time the land becomes registered property which
cannot be lost by adverse possession. 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
Rule with the disposition of Under Section 103 of the Property Registration Decree, the property is not considered registered
public lands under the Public until the final act or the entry in the registration book of the Registry of Deeds had been
Land Act accomplished.
Lands already titled are NOT Sec. 35 limits the cadastral survey to “any unregistered lands”, hence, private lands are excluded.
subject to cadastral
proceedings The object of the cadastral proceedings is to “settle and adjudicate” to lands.
Private lands are not contemplated since ownership thereof had already been finally determined
and adjudicated.
Private lands within the cadastre which had been previously brought under the Torrens System will
not anymore be subject to a new hearing and adjudication by the cadastral court but shall remain
private lands.
May new certificates of titles Private lands within the cadastre which had been previously brought under the Torrens system will
be issued under Cadastral not anymore be subject to a new hearing and adjudication by the cadastral court but shall remain
Act to those already holding private lands. However, it may be necessary to issue new certificates of title to those holding
Torrens titles for lands with Torrens titles for lands within the cadastral survey, which must cover all of the lands contained in
the cadastre? the old ones. But no modification or alteration can be permitted to be made in the Torrens title for
the sole purpose of making the area of the land described therein agree with that given in the
cadastral survey plan. The new title issued under the cadastral system to a person who already
holds a valid Torrens title must include the whole land specified in the latter
Can the cadastral court order The order is a nullity unless new publication is made. Publication is one of the essential bases of the
the amendment of the jurisdiction of the court in land registration and cadastral cases, and additional territory cannot be
official plan so as to make it included by amendment of the plan without new publication.
include land not previously
included therein
Registered owners CANNOT A registration court has no jurisdiction to decree again the registration of land already decreed in
be divested of their titles by an earlier land registration case and a second decree for the same land is null and void.
a subsequent cadastral
proceeding Ration: Principle of res judicata
- when once decreed by a court of competent jurisdiction, the title to the land thus
determined is already res judicata, and binding on the whole world, the proceeding 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.
Furthermore, the registration of the property in the name of the first registered owner in
the registration book is a standing notice to the world that said property is already
registered in his name
Rule is applicable to public Titles pursuant to public land patents have the same efficacy and validity as any title issued
lands titled on the basis of through regular registration proceedings
patents issued under the
Public Land Act (PLA)
Extent of the jurisdiction of the jurisdiction of the court over lands already registered is limited to the necessary correction of
the cadastral court over technical errors in the description of the lands, provided that such corrections do not impair the
lands already registered substantial rights of the registered owner
However, In proper cases and upon proper application or the consent of the registered owner or
owners, or of the person in whose name the decree is issued, the court may 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.
The cadastral court has jurisdiction to determine the priority or relative weight of two or more
certificates of title for the same land
Cadastral court MAY order The jurisdiction of the court even after the issuance of the final decree of registration in a cadastral
the subdivision of land case, is not exhausted but, subsists as to all incidental questions affecting the registered land.
decreed in favor of two or
more co-owners in the same Section 108 - after the entry of a certificate of title, or of a memorandum thereon, the registered
case owner or any interested party may ask the corresponding court to declare the termination of
registered real rights or the creation of new real rights
A separate action for partition is not called for since the right of ownership of the co-owners has
already been decided by the final decree of registration.
Cadastral court has NO
jurisdiction to order the
amendment of the decree of
registration and the COT
where the amendment
consists of the inclusion of
co-heirs as co-owners of the
registered property.
