QuestionsQuestions (PRESIDENTIAL DECREE NO. 1529)
They are judicial proceedings in rem based on generally accepted principles underlying the Torrens system; the case is directed against the whole world, and the judgment binds all persons affected.
The Court of First Instance (now RTC) has exclusive jurisdiction over all applications for original registration and petitions after original registration, and it has power to hear and determine all questions arising upon such applications or petitions.
The Spanish Mortgage Law registration system is discontinued; lands recorded thereunder but not yet covered by Torrens title are considered unregistered lands.
Examples include: (1) those in open, continuous, exclusive, notorious possession of alienable and disposable public lands under a bona fide claim since June 12, 1945 or earlier; (2) those who acquired ownership of private lands by prescription; (3) those who acquired ownership by accession/accretion regarding private lands or abandoned river beds; or (4) those who acquired ownership in any other manner provided by law.
All co-owners must file the application jointly.
The vendor a retro may file for original registration, but if the redemption period expires during pendency of registration and ownership consolidates in the vendee a retro, the vendee is substituted as applicant and may continue the proceedings.
It must be written, signed by the applicant or authorized representative, and sworn before an officer authorized to administer oaths where the application was actually signed. It must describe the land and state citizenship and civil status (and spouse details if married), occupants and adjoining owners (or search extent), and list the documents attached; the application is filed in the Court of First Instance where the land is situated with original muniments/copies and an approved survey plan; the clerk must ensure a copy and annexes are furnished to the Director of Lands.
The non-resident must file an instrument appointing an agent or representative residing in the Philippines, agreeing that service of legal process upon such agent has the same effect as service upon the applicant in the Philippines.
Amendments (including joinder/substitution/discontinuance of parties) may be allowed at any stage on just and reasonable terms. Amendments involving substantial changes in boundaries, increase in area, or inclusion of additional land must undergo the same requirements of publication and notice as in an original application.
It informs the public and interested parties to appear and show cause why the application should not be granted. Notice is given through publication (Official Gazette and one newspaper of general circulation; Official Gazette publication is sufficient for jurisdiction), mailing to persons named (and certain agencies when applicable), and posting on each parcel and municipal bulletin board at least 14 days before initial hearing.
The court, upon motion of the applicant and no reasons to the contrary, orders a default to be recorded and requires the applicant to present evidence; persons are concluded by the default order because the notice “To all whom it may concern” makes the world parties defendant.
Proceedings should be disposed of within ninety (90) days from submission for decision. If referred to a referee, the referee must submit a report within fifteen (15) days after termination of the hearing.
Appeals from the judgment and orders are to the Court of Appeals or to the Supreme Court in the same manner as in ordinary civil cases.
It becomes final upon expiration of 30 days counted from receipt of notice of the judgment. After finality, the court must issue an order for the Commissioner to issue the decree of registration and corresponding certificate of title.
It binds the land and quiets title, subject only to legal exceptions or liens, and is conclusive upon and against all persons including the National Government and its branches whether mentioned by name or covered by the general description “To all whom it may concern.”
A petition for reopening and review based on actual fraud must be filed within one year from entry of the decree; however, it cannot be entertained by the court if an innocent purchaser for value has acquired the land or interest and their rights would be prejudiced.
If registered/filed/entered in the proper Register of Deeds office for the land, the instrument is constructive notice to all persons from the time of such registering/filing/entry.
No voluntary instrument shall be registered unless the owner’s duplicate is presented, except in cases expressly provided by the Decree or upon court order for cause shown; presentation is conclusive authority for the Register of Deeds to enter a new certificate or memorandum.