ORIGINAL REGISTRATION
Reported
Reported by
by :: CYRUS
CYRUS EDWARD
EDWARD C.
C. DAIT
DAIT
WHAT IS ORIGINAL REGISTRATION?
-This is a proceeding brought before the land registration
court to determine title or ownership of land on the basis
of an application for registration or answer by a claimant
in a cadastral registration.
ORIGINAL DISTINGUISHED FROM SUBSEQUENT
ORIGINAL SUBSEQUENT
REGISTRATION REGISTRATION
When right of ownership or Any transaction affecting
title to land is for the first such originally registered
time made of public record land, if in order, maybe
registered in the Office of
the Registerof Deeds
concerned
WHO MAY APPLY?
[Link] PD 1529:
1. Those who by themselves or through their
predecessors-in-interest, have been in open,
continuous, exclusive and notorious possession and
ccupation of alienable and disposable lands of the
public domain under a bona fide claim of
ownership since
June 12, 1945, or earlier.
WHO MAY APPLY?
2. Those who have acquired ownership of private lands by
prescription under the provisions of existing laws.
3. Those who have acquired ownership of private lands or
abandoned river beds by right or accession or accretion under
the existing laws.
4. Those who have acquired ownership ofland in any other
manner provided for by law.
WHO MAY APPLY?
Where the land owned in common, all the co-owners shall file
the application jointly.
Where the Land has been sold under pacto de Retro, the
vendor a retro may file an application for the original
registration of the land, provided,however, that should the
period for redemption expire during the pendency of the
registration proceedings and ownership to the property
consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the
proceedings.
Under Sec. 16, PD 1529; Land Applied for
Registration by a Non-Resident of the
Philippines:
He shall file his application:
1. An instrument in due form;
2. Appointing a duly authorized representative or attorney-in-
fact, whose authority shall accompany the application;
3. Giving his full name and postal address; and
4. Shall therein agree that the service of any legal process in
the proceedings under or growing out of the application made
upon his agent or representative shall be of the same legal
effect as if made upon the applicant within the
Philippines.
WHO MAY APPLY?
II. UNDER CA 141
Any person who:
1. Is a citizen of the Philippines over the age of 18, or the head of a family;
2. Does not own more than 24 hectares of land in the Philippines, or has not
had the benefit of any gratuitous allotment of more than 24 hectares of land
since the occupation of the Philippines by the United States.
Note: they may enter a homestead of not exceeding 24 hectares of
agricultural land of the public domain
WHO MAY APPLY?
III. UNDER RA 8371
[Link]. 11 – Formal recognition of ancestral domains by virtue
of Native Title may be solicited by ICCs/IPs concerned
2. Sec. 12 – Option to secure certificate of title under CA 141 or
Land Registration Act 496
WHO MAY APPLY?
IV. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER
SEC. 48(b) CA 141
(b) Those who by themselves or through their predecessors in interest have
been in open, continuous, exclusive, and notorious possession and
occupation of agricultural lands of the public domain, under a bona fide
claim of acquisition or ownership, for at least thirty years immediately
preceding the filing of the application for confirmation of title except when
prevented by war or force majeure. These shall be conclusively presumed
to have performed all the conditions essential to a Government grant and
shall be entitled to a certificate of title under the provisions of this chapter.
REGISTRATION PROCESS AND REQUIREMENTS
STEPS IN THE ORIGINAL REGISTRATION OF TITLE
STEP 1: Survey
Survey of the land by the Bureau of Lands
or a duly registered private surveyor
drawn on a tracing cloth plan.
REGISTRATION PROCESS AND REQUIREMENTS
STEP 2: Filing of Application Filing for application for
registration by the applicant at the RTC of the province, city, or
municipality where the property is located [Sec.17, PD 1529]
a. Form of the application
b. Contents of the application
c. Documents to accompany the application
d. Land Registration Application CoveringTwo or More
Parcels
e. Amendments to the Application
REGISTRATION PROCESS AND REQUIREMENTS
STEP 3: Setting of the date for the initial
hearing of the application by the Court
STEP 4: Transmittal to the LRA
The application and the date of initial hearing together with all
the documents or other evidences attached thereto are
transmitted by the Clerk of Court to the Land Registration
Authority (LRA).
REGISTRATION PROCESS AND REQUIREMENTS
STEP 5: Preparation and Issuance of the Notice of Initial Hearing.
Form and contents of the notice:
1. Addressed to all persons appearing to have an interest in the land
involved
2. Requires all persons concerned to appear in court on the date and
time indicated to show cause why the application for registration
should not be granted
The public shall be given notice of the initial hearing of the application
by publication
REGISTRATION PROCESS AND REQUIREMENTS
STEP 6: Publication, registered mail and posting.
[Link] of Notice of Initial Hearing
[Link] shall be sufficient to confer jurisdiction upon the
court. [Sec. 23, PD 1529]
[Link] is done to charge the whole world of knowledge of the
application of the land involved, and invite them to take part in the case
and assent and prove their rights over the subject property thereof.
[Link] in the Official Gazette and once in a news paper of general
circulation.
REGISTRATION PROCESS AND REQUIREMENTS
B. Mailing:
1. Within 7 days from publication, the
CLR shall mail a copy of the notice
[Link] of the notice shall be mailed
REGISTRATION PROCESS AND REQUIREMENTS
[Link]
1. CLR shall cause the sheriff or his deputy to post the
notice at least 14 days before the hearing:
2. In a conspicuous place on each parcel of land
included in the application and in a conspicuous place on the
bulletin board of the municipal building of the municipality or
city in which the land or portion thereof is situated.
3. The court may also cause notice to be served to such
other persons and insuch manner as it may deem proper.
REGISTRATION PROCESS AND REQUIREMENTS
STEP 7: OPPOSITION
