Question & AnswerQ&A (Act No. 3621)
Act No. 3621 is an amendment to Sections 34, 37, 38, and 39 of Act No. 496, also known as the Land Registration Act, governing the rules and procedures related to land registration in the Philippines.
Any person claiming an interest, whether named in the notice or not, may appear and file an answer on or before the return day or within such further time as allowed by the court, stating objections and setting forth the interest claimed.
The answer must state all objections to the application, set forth the interest claimed by the party filing it, apply for the remedy desired, and be signed and sworn to by the party or a representative.
The court shall enter a decree dismissing the application, which may be without prejudice, and the applicant may withdraw the application before final decree with court-fixed terms.
The court determines the conflicting interests, hears evidence, and will either dismiss the application if neither party has proper title or award the land to the entitled person through a decree entitling issuance of a certificate of title.
The court, if judgment is in favor of the adverse claimant, shall order the claimant to file a plan of the awarded portion approved by the Director of Lands.
The court shall determine necessary expenses for registration fees and publication, ordering the adverse claimant to proportionally pay these unless the applicant acted in bad faith or knew he had no right to the land awarded to another.
If the applicant or adverse claimant is found to have a proper title for registration, a decree of confirmation and registration shall be entered, which binds the land and quiets title subject to stated exceptions.
Generally, it cannot be opened or reversed due to absence, infancy, disability, or other court proceedings, but a person deprived by fraud may file a petition for review within one year if no innocent purchaser for value has acquired an interest.
The phrase includes innocent lessees, mortgagees, or other encumbrancers for value besides purchasers.
Liens or claims under laws or Constitution that do not appear on record, taxes within two years after due date, public or private ways, and government irrigation canals not properly delimited on the certificate remain valid.
They remain appurtenant and pass with the land until cut off or extinguished by registration of the servient estate or other means.