Question & AnswerQ&A (Republic Act No. 96)
The main purpose of Republic Act No. 96 is to amend Sections 31 and 32 of Act No. 496 (the Land Registration Law) and Sections 7 and 8 of Act No. 2259 (the Cadastral Law) to revise the procedures for the publication and notice of initial hearings related to land registration and cadastral cases.
The notice of initial hearing must be published twice in successive issues of the Official Gazette, in the English language. The notice is issued by order of the court, attested by the Chief of the General Land Registration Office.
The notice must include the names of all persons appearing to have an interest and adjoining owners so far as known, description of the land, the date, time, and place of the initial hearing, and a warning that failure to appear will bar contesting the application.
The return of the notice must not be less than twenty (20) days nor more than one hundred twenty (120) days from the date of issue.
The Chief must publish the notice in the Official Gazette, mail copies to known persons named in the notice within seven days after publication, post copies on the land and in the chief municipal building fourteen days before the return day, and certify such service to the court.
Notice must also be given to the Solicitor General, Director of Public Works, Director of Lands, and Director of Forestry if the land borders navigable waters or if a national government claim may exist.
Failure to appear results in the default of the person, meaning the application or petition will be taken as confessed and the person will be forever barred from contesting the application or petition or any decree entered thereon.
The notice must be posted for at least fourteen (14) days before the return day.
The return of notice in cadastral cases must not be less than thirty (30) days nor more than one year from the date of issue.
It is a published notice in the Official Gazette twice, twice in successive issues in English, issued by order of the court, attested by the Chief of the General Land Registration Office and addressed to persons with interest, indicating the date, time, and place of hearing, and requiring appearance to present claims and evidence, warning of default consequences.