Cadastral Registration Proceedings PDF

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Cadastral Registration Proceedings...

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CADASTRAL REGISTRATION PROCEEDINGS

Purpose:  Another means to bring lands under operation of Torrens System  Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and accelerate registration  Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titles Nature of Proceedings:  In rem  No defendant & no plaintiff  Compulsory Procedure: 1. Cadastral survey  In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated  Order Director of Lands to make survey and plan  Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in OG and posted in conspicuous place on lands to be surveyed  Geodetic engineers commences survey  During survey, boundaries are marked by monuments 2. Filing of petition  After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders, claimants, possessors, occupants  Parcel of lots given their cadastral numbers 3. Publication of notice of hearing  Court to order date of hearing  LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated bylaw 4. Filing of answer  Any person claiming interest in any part of lands subject to petition is required to file answer  Answer must give the ff details: 1. Age of claimant 2. Cadastral number of lot claimed 3. Name of barrio or municipality where lot is located 4. Name of owners of adjoining lots

5. 6. 7. 8. 9.     

If in possession & without grant – no of years in possession If not in possession – state interest claimed If assessed of taxation – assessed value Any encumbrances affecting said lots Hearing of case In any convenient place where land lies Like an ordinary RTC trial Conflicting claims are determined Lots claimed are awarded to persons entitles – if they could prove title If none could prove title – land is declared public domain 6. Decision  Claimants are notified of decision 7. Issuance of decree and certificate of title  Upon order of court, LRA to enter decree of registration  Decree made basis for issuance of OCT  Decree are now being directly prepared and issued on regulation forms of such certificate

Nature of Title Covered by 2 Acts:  Title in good faith & for value  Errors in plan does not annul decree of registration  Cancellation & correction is permitted Land Already Registered  Jurisdiction is limited only to correction of technical errors  Court cannot issue decree on land already decreed  Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered land to be registered again in name of another  Jurisdiction subsist to all incidental matters CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION CADASTRAL

ORDINARY

Party Initiating

Government

Private Individual

Subject Matter

Private and Public

Private Lands

Ownership

Government does not assert ownershipInterested only in settlement of titles

Ownership is Asserted

Survey

Government undertakes survey and advances

On account of owner

expenses

As to risk

In absence of successful claimant, property goes to government

Applicant has another chance to claim is dismissal is without prejudice

When can Cadastral Proceedings may be Opened  10 years up to Dec 31, 1968  Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided such were not alienated, leased or disposed by government Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession  Provisions of land registration act applicable to cadastral proceedings SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS  System of registration for unregistered land under the Torrens System (ACT 3344)  Before: covers voluntary dealings, now includes involuntary dealings  Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to registration (limited effect to 3rd parties)  Reason: no strict investigation involved  Subsequent dealings – also valid if recorded  Register of Deeds keeps day book & a register; index system is also kept  Procedure: 1. Presentment of instrument dealing in unregistered land 2. If found in order – registered 3. If found defective – registration is refused writing his reason for refusal...