QuestionsQuestions (Act No. 2259)
When, in the Governor-General’s opinion, the public interests require that titles to certain lands be settled and adjudicated; an order triggers the process.
The Director must give notice to persons claiming an interest and to the general public, including the day the survey begins, described as fully as possible; it must be published twice in successive issues of the Official Gazette in both English and Spanish, with posted copies on the land, on the chief municipal building, sent to the president of the municipality/township/settlement, and to the provincial board.
The surveyor in charge must give reasonable notice of the day the survey of that portion will begin, post notice in the usual place on the chief municipal building, and mark boundaries by monuments set up at proper places.
Sections 1 and 2 do not apply to those cases where, before the Act took effect, the Bureau of Lands already surveyed or began the survey of lands whose titles the public interests require to be settled and adjudicated.
It is the duty of every person claiming an interest to communicate relevant boundary information to the surveyor upon request. Willful refusal to provide information or interference is punishable. Defacing/destroying/removing monuments or destroying/removing posted survey notices is also a misdemeanor with a fine not exceeding Php 100 or imprisonment not exceeding 30 days, or both.
A petition against holders, claimants, possessors, or occupants of the lands (or any part thereof) stating that public interests require settlement and adjudication of titles; it must include a description of lands, a plan, and other data for full notice.
After filing the plan, the Director of Lands must assign separate lot numbers on the plan; these numbers are called 'cadastral numbers' and lots within each cadastral number in the municipality/township/settlement must be numbered consecutively as far as practicable.
In cities or townsites, a designation of land holdings by block and lot numbers may be employed instead of cadastral numbers, and it has the same effect for all purposes.
No. Once final decree is entered, the cadastral number cannot be changed except by order of the Court of Land Registration.
With the court’s approval, subdivisions are designated by adding a letter (cadastral letter) to the cadastral number. Subdivisions may also be designated by block and lot numbers in cities/townsites with court approval.
Cause notice of filing of the petition to be published twice in successive issues of the Official Gazette in both English and Spanish, issued by order of court and attested by the clerk, substantially in the form stated in Section 7.
Return period must be not less than 30 days nor more than one year from issue; within 7 days after publication, notice must be mailed by the clerk to every named person whose address is known; a duly attested copy must be posted on the lands (English and Spanish) and on the chief municipal building at least 14 days before the return day, and copies must be sent by registered mail to the municipal council president and the provincial board.
The answer must be signed and sworn, state marital status and relevant spouse/date if married, and include: (a) age; (b) cadastral/block and lot numbers; (c) barrio and municipality; (d) names of adjoining owners as known; (e) if in possession without express government grant, length and manner of possession by claimant and predecessors; (f) if not in possession, fully set forth interest and time/manner of acquisition; (g) last assessed value if assessed for taxation; and (h) incumbrances and names of adverse claimants as known.
The provincial governor may detail an officer/employee to assist defendants in preparing pleadings and evidence without cost to them; alternatively, if the governor fails, the court may employ personnel with approval of the Secretary of Finance and Justice, to be paid out of provincial funds.
Trial may occur anywhere convenient in the province or other designated place with written reasons, conducted like ordinary trials under the Court of Land Registration rules. Orders of default and confession are entered similarly as in ordinary cases and have the same effect. Conflicting interests are adjudicated and final decrees become the basis for original certificates of title.
Only the lots claimed by the appellant are affected by the appeal; remaining lots in the action remain final, and upon expiration of time for filing a bill of exceptions, final decree and certificates of title may be entered for those remaining lots.