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CH 03.00.02: ORP PUBLICATION, OPPOSITION, & DEFAULT - Coggle Diagram

- - - - Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines:
        
        Provided, however, that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court.
        
        Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known, and "to all whom it may concern".
        
        Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted.
      - Section 23(1) provides that upon receipt of the order of the court setting the case for initial hearing, the Land Registration Administrator shall cause the notice to be published once in the Official Gazette and once in a newspaper of general circulation; however, the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court.
        
        The notice shall be addressed to all persons appearing to have an interest in the land, including the adjoining owners if known, and "To All Whom It May Concern." The notice shall require all persons concerned to appear in court on the date and time indicated and to show cause why the application shall not be granted.
      - MANDATORY: OG + NEWSPAPER OF GENERAL CIRCULATION
        PUBLICATION IN NEWSPAPER AND NOT JUST OG IS INDISPENSABLE
        In Roxas v. Court of Appeals, 197 the Court held that while publication of the notice in the Official Gazette is sufficient to confer jurisdiction upon the court, publication in a newspaper of general circulation remains an indispensable procedural requirement. Couched in mandatory terms, it is a component of procedural due process and aimed at giving "as wide publicity as possible" so that all persons having an adverse interest in the land
        subject of the registration proceedings may be notified thereof. Although jurisdiction of the court is not affected, the fact that publication was not made in a newspaper of general circulation is material and relevant in assessing the applicant's right or title to the land.
        
        RATIONALE:
        OG IS NOT WIDELY READ
        Similarly, in Director of Lands v. Court of Appeals and Abistado, 198 the Court ruled that Section 23 of PD No. 1529 indeed clearly provides that publication in the Official Gazette suffices to confer jurisdiction upon the land registration court. However, absent any publication of the notice of initial hearing in a newspaper of general circulation, the land registration court cannot validly confirm and register the title of the applicants. The rationale behind the newspaper publication is due process and the reality that the Official Gazette is not as widely read and circulated as newspapers and is oftentimes delayed in its circulation. This requirement is mandatory. For non-compliance with the requirement of publication, the application may be dismissed, without prejudice to reapplication in the future, after all the legal requisites are complied with. 199
    - - TO:
        NAMED IN APPLICATION
        (a) Mailing of notice to persons named in the application.
        
        IF REQUESTING TO HAVE LINE OF PUBLIC WAY/ROAD DETERMINED, THEN TO:
        
        SEC OF PUBLIC HIGHWAYS
        
        PROVINCIAL GOVERNOR
        
        MAYOR
        (b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor and the Mayor.
        
        IF TENANT-FARMER or GOV'T MAY HAVE AN ADVERSE CLAIM, THEN TO:
        
        SECRETARY OF AGRARIAN REFORM
        
        SOLGEN
        
        DIRECTOR OF LANDS
        
        DIRECTOR OF MINES
        
        DIRECTOR OF FISHERIES & AQUATIC RESOURCES
        (AS THE CASE MAY BE)
        (c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Public Works, the Director of Forest Development, the Director of Mines and the Director of Fisheries and Aquatic Resources.
        
        If the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant, notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may be appropriate.
        
        SOLGEN ALWAYS FURNISHED
        In practice, the Solicitor General is. invariably furnished. with a copy of the notice of initial hearing. The reason for this is that under the Administrative Code of 1987, the Solicitor General is bound to "represent the Government in all land registration and related proceedings."
        
        ONLY SOLGEN MAY REPRESENT GOVERNMENT (NOT EVEN LRA)
        No other officer, including the Administrator of the Land Registration Authority, can exercise such function. 220 The Office of the Solicitor General (OSG), as principal law officer and legal defender of the government, possesses the unequivocal mandate to appear for and in its behalf in legal proceedings.221
        
        OSG MAY HAVE DEPUTIES
        REPRESENT GOV'T
        It is also the practice in the OSG to deputize lawyers in government offices involved in land matters or provincial or city prosecutors to represent the government in the handling of such proceedings. These deputized officers are under the direction and control of the Solicitor General himself.
        
        ONLY NOTICES ACTUALLY SERVED ON SOLGEN ARE BINDING ON HIS OFFICE
        As a rule, only notices of court proceedings and related processes actually served upon the Solicitor General are binding on his office. Unless the Solicitor General is furnished with copies of court orders, notices and decisions, the same have no binding effect on the government.
        (Republic v. CA & Maxino)
        
        SERVICE TO DEPUTY IS
        NOT ACTUAL SERVICE TO SOLGEN
        The deputized special attorney has no legal authority to decide whether or not an appeal should be made. As a consequence, copies of orders and decisions served on the deputized counsel, acting as agent or representative of the Solicitor General, are not binding until they are actually received by the latter."
        
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        If the applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies.
        
        WITHIN 7 DAYS:
        LRA ADMIN SHALL CAUSE COPY OF NOTICE TO BE MAILED TO:
        EVERY NAMED PERSON
        WHOSE ADDRESS IS KNOWN
        The Commissioner of Land Registration shall also, within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known.
        
        NO IMPROVEMENTS:
        NO ONE IN PROPERTY
        Where records as that reflected in the official records of the City Assessor indicate that there are no improvements whatsoever on the property in question, thus signifying that the property is unoccupied, notice would be impossible.
    - - WITHIN 14 DAYS BEFORE INITIAL HEARING, LRA ADMIN SHALL CAUSE
        
        DULY ATTESTED COPY OF NOTICE
        
        POSTED BY SHERIFF
        
        IN A CONSPICUOUS PLACE:
        a. ON LAND APPLIED FOR
        b. BULLETIN BOARD OF MUNICIPALITY WHERE LAND IS
        The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated, fourteen days at least before the date of initial hearing.
        
        (Caption and Title)
        NOTICE OF INITIAL HEARING
        
        To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known, and to all whom it may concern):
        An application (or petition) having been filed in the above-entitled case by (full name and address) praying for the registration and confirmation (or for the settlement and adjudication, in case of petition in cadastral proceedings) of title to the following described lands:
        
        (Insert description)
        You are hereby served this notice to appear before this Court at its session to be held at _ on the __ day of ___, 19 __, at _ o'clock in the _ then and there to present such claims as you may have to said lands or any portion thereof, and to submit evidence in support of such claim; and unless you appear at said Court at the time and place aforesaid, your default will be recorded and the title to the lands will be adjudicated and determined in accordance with law and the evidence before the Court, and thereafter you will forever be barred from contesting said application (or petition) or any decree entered thereon.
        Witness, the Hon. __ Judge of the Court of First Instance of ___ this ___ day of _, in the year 19__.
        
        Attest:
        Commissioner of Land Registration
        
        COURT MAY CAUSE
        PERSONAL NOTICE TO OTHER PERSONS
        The court may also cause notice to be served to such other persons and in such manner as it may deem proper.
        
        The notice of initial hearing shall, in form, be substantially as follows:
        
        NOT MANDATORY
        Clearly, lack of personal notice will not vitiate the proceedings. In this connection, Section 23 states that "(t)he court may also cause notice to be served to such persons and in such manner as it may deem proper." Evidently, personal notice is not necessary unless required by the court.
        
        SHERIFF'S REPORT:
        PRESUMPTION OF REGULARITY
        Invariably, courts would simply rely on the report of the sheriff largely because of the presumption of regularity in the performance of official duty. But if the requirement of posting is given more prominence and an investigation on the ground is requested by the government lawyer or is motu proprio ordered by the court, 228 it may turn out that the requirement has been unceremoniously negated by official neglect or indifference.
    - - IN REM -> VALIDATED THRU PUBLICATION
        An in rem proceeding is validated essentially through publication. This being so, the process must strictly be complied with. Otherwise, persons who may be interested or whose rights may be adversely affected would be barred from contesting an application which they had no knowledge of. A party seeking the registration of realty must prove by satisfactory and conclusive evidence not only his ownership thereof but the identity of the same. He must prove his title against the whole world.
        This task can best be achieved when all persons concerned- nay, "the whole world" - who have rights to or interests in the subject property are notified and effectively invited to come to court and show cause why the application should not be granted.
        (Director of Lands v. CA & Abistado)
        
        RATIO: DUE PROCESS
        The elementary norms of due process require that before the claimed property is taken from concerned parties and registered in the name of the applicant, said parties must be given notice and opportunity to oppose.
        (Director of Lands v. CA & Abistado)
        
        PUBLICATION -> CONSTRUCTIVE SEIZURE
        Constructive seizure of the land for registration is effected through publication of the application for registration and posting and service of notice to affected parties.196
      - PUBLICATION DOES NOT DISPENSE WITH MAILING & POSTING
        In Republic v. Marasigan, 200 the Court held that the proviso in Section 23 that "the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court" was never meant to dispense with the requirement of notice by mailing and by posting. This is obvious from Section 23 itself which stresses in detail the requirements of mailing of notices to all persons named in the petition who, per Section 15, include owners of adjoining properties, and occupants of the land.
        
        PERSONAL NOTICE NOT REQUIRED
        In Roxas v. Enriquez, the Court declared that a proceeding in rem, dealing with a tangible res, may be instituted and carried to judgment, without personal service upon the claimants, for jurisdiction is secured by the power of the court over the res.
        
        RATIONALE: PERSONAL NOTICE CANNOT BE GIVEN TO "UNKNOWN CLAIMANTS"
        Such a proceeding would be impossible were this not so, for it would hardly do to make a distinction between the constitutional rights of the claimants who were known and those who were not known, when the proceeding is to bar all. The requirement that personal notice shall be a prerequisite to the validity of registration would absolutely prohibit the foreclosure of unknown claims, for the reason that personal notice could never be given to "unknown claimants."
        
        WILLFUL LACK OF PERSONAL NOTICE = EXTRINSIC FRAUD -> NO DUE PROCESS
        Petitioner argues that it was enough that there was publication of notice in the application for registration.... In the case at bar, respondents pleaded their interest in the land and the fraud used which defeated such interest. No notice was given to the respondents. The lack of notice was obviously intended by the petitioner's predecessor-in-interest to prevent contest on the application. Petitioner's predecessor-in-interest falsely attested to the absence of any adverse claim, including the absence of any possession of the land. By our rulings, this constitutes extrinsic fraud. In Libundan v. Gil, 20 we held that:
        
        EXTRINSIC or COLLATERAL FRAUD: REQUIRED TO ANNUL JUDGMENT
        The purpose of the law in giving aggrieved parties, deprived of land or any interest therein, through fraud in the registration proceedings, the opportunity to review the decree is to insure fair and honest dealing in the registration of land. But the action to annul a judgment, upon the ground of fraud, would be unavailing unless the fraud be extrinsic or collateral and the facts upon which it is based have not been controverted or resolved in the case where the judgment sought to be annulled was rendered,
        
        EXTRINSIC FRAUD:
        OUTSIDE TRIAL
        Extrinsic or collateral fraud, as distinguished from intrinsic fraud, connotes any fraudulent scheme executed by a prevailing litigant 'outside the trial of a case against the defeated party, or his agents, attorneys or witnesses, whereby said defeated party is prevented from presenting fully and fairly his side of the case.'
        
        INTRINSIC FRAUD:
        DURING TRIAL
        But intrinsic fraud takes the form of 'acts of a party in a litigation during the trial, such as the use of forged instruments or perjured testimony, which did not affect the presentation of the case, but did prevent a fair and just determination of the case.'
        
        EXAMPLES OF EXTRINSIC FRAUD:
        
        DELIBERATE MISREPRESENTATION THAT LOTS ARE NOT CONTESTED BUT ARE ACTUALLY CONTESTED
        Thus, relief is granted to a party deprived of his interest in land where the fraud consists in a deliberate misrepresentation that the lots are not contested when in fact they are,
        
        CO-OWNER'S APPLYING FOR REGISTRATION FOR PART NOT ALLOTTED TO HIM IN PARTITION
        or in applying for and obtaining adjudication and registration in the name of a co-owner of land which he knows had not been allotted to him in the partition, or
        
        INTENTIONALLY CONCEALING FACTS + CONNIVING w/ LAND INSPECTOR TO INCLUDE BED/NAVIGABLE STREAM IN SURVEY PLAN
        in intentionally concealing facts, and conniving with the land inspector to include in the survey plan the bed of a navigable stream, or
        
        WILFULL MISREPRESENTATION OF NO OTHER CLAIMS
        
        DELIBERATE FAILURE TO NOTIFY PARTY ENTITLED TO NOTICE
        in willfully misrepresenting that there are no other claims, or in deliberately failing to notify the party entitled to notice, or
        
        INDUCING PARTY NOT TO OPPOSE APPLICATION
        in inducing him not to oppose an application, or
        
        MISREPRESENTING ID OF LOT TO TRUE OWNER AS TO CAUSE WITHDRAWAL
        in misrepresenting about the identity of the lot to the true owner by the applicant causing the former to withdraw his opposition.
        
        ||| (Adviento v. Heirs of Alvarez, G.R. No. 150844, [August 20, 2008], 584 PHIL 414-429)
        
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        MERE DEFECT! IN PUBLICATION =
        VOID IN REM PROCEEDINGS
        In all cases where the authority of the courts to proceed is conferred by a statute, and when the manner of obtaining jurisdiction is prescribed by statute, the mode of proceeding is mandatory, and must be strictly complied with, or the proceeding will be utterly void. 212 Thus, where there is no publication of the notice of initial hearing, the decision of the land registration court is void. The requirement of publication is one of the essential bases of the jurisdiction of the registration court; it is a jurisdictional requisite. Land registration is a proceeding in< re.rn and jurisdiction in rem cannot· be a.cqu.ired unless· there be constructive seizure of the land through publication and service of notice. 213 Indeed, a mere defect of publication deprives the court of jurisdiction.214 And when the court a quo lacks jurisdiction to take cognizance of a case, the same lacks authority over the whole case and all its aspects. 216
- - - - NOTICE:
        " TO WHOM IT MAY CONCERN"
        By the description in the notice "To all Whom It May Concern", all the world are made parties defendant and shall be concluded by the default order.
        
        AFTER FORMAL FILING OF OPPOSITION:
        NON-APPEARANCE FOR INITIAL HEARING = NOT PROPER TO DECLARE DEFAULT
        It has been held that where an opposition or answer, which is based on substantial grounds, has been formally filed, it is improper for the court to declare the oppositor in default simply because he failed to appear on the day set for the initial hearing.
        A declaration of default against the Director of Lands was held invalid where, at the time the order was made, he had already entered his appearance and filed his opposition. Courts should be liberal in setting aside a default judgment.259
        
        PRESUMPTION OF REGULARITY:
        ORDER OF DEFAULT
        When the court issues an order of default, it is presumed to have regularly performed its task in accordance with law especially with regard to notice requirements. Compliance with the requirements of notice and publication has the effect of notifying all persons interested in the proceedings. 256
        
        BURDEN OF PROOF:
        MUST STILL BE DISCHARGED
        But a declaration of default is not a guarantee that the application for registration will be granted. It is still the burden of the applicant to prove that he is entitled to registration by "well-nigh incontrovertible proof."
        
        APPEAL FROM JUDGMENT BY DEFAULT
        MAY BE BASED ON:
        
        FAILURE TO DISCHARGE BURDEN
        
        DECISION IS CONTRARY TO LAW
        In Martinez v. Republic, 264 the Court held that a defendant party declared in default retains the right to appeal from the judgment by default on the ground that the plaintiff failed to prove the material allegations of the complaint, or that the decision is contrary to law, even without need of the prior filing of a motion to set aside the order of default.·
        
        DOES NOT NEED MOTION TO SET ASIDE ORDER OF DEFAULT
      - "ORDER OF GENERAL DEFAULT"
        This is commonly referred to as the order of general default and is addressed to the whole world
        
        MAY BE MODIFIED
        BEFORE ENTRY OF FINAL JUDGMENT
        An. order of general default is interlocutory in character, subject to the control of the court,· and may be modified or amended as the court may deem proper at any time prior to the rendition· of judgment. The interests of substantial justice and the speedy determination of the controversy should be the guiding principle of the trial court in lifting an order of general default to allow a party to file an opposition to the application.260 But the motion to lift the order of general default should be filed before entry of final judgment. 281
        
        MOTION TO LIFT DEFAULT MUST BE CONSTRUED WITH LIBERALITY
        A motion to set aside the order of default filed prior to the rendition of the judgment on the merits should be considered with liberality.282
        
        EXCEPTION: MOTION TO LIFT
        5 YEARS AFTER ORDER OF DEFAULT
        However, where the court revoked the order of default five (5) years after the default order had been entered, and permitted private claimant to file his answer and later ordered the registration of the lots in his name, it was held that the order setting aside the order of default, and the proceedings adjudicating the lots as private property, are null and void and should be set aside.
        
        NON-OPPOSITION BY DL DOES NOT LIE AGAINST THE GOVERNMENT
        Where the Director of Lands did not oppose the application consequent to which an order of general default was issued by the court, it was held that said order should not prejudice the government under the well-known and settled rule that the Republic, or its government, is usually not estopped by the mistake or error on the part of its officials or agents.2
    - - COURT MAY REQUIRE SUBDIVISION PLAN APPROVED BY DL IF:
        
        OPPOSITION ONLY COVERS PORTION NOT PROPERLY DELIMITED IN PLAN
        
        IN UNDIVIDED CO-OWNERSHIP, CONFLICTING CLAIMS
        
        OVERLAPPING BOUNDARIES
        If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited on the plan attached to the application, or in case of undivided co-ownership, conflicting claims of ownership or possession, or overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the Director of Lands.
    - - "ORDER OF SPECIAL DEFAULT"
        When an appearance has been entered and answer filed, a default order shall be entered against persons who did not appear and answer. This is the order of special default which is directed only against those who did not enter their appearance and file answer.
    - - WHO MAY OPPOSE
        ANY INETERESTED PERSON
        NAMED OR NOT
        Any person, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing, or within such time as may be allowed by the court, provided he has an INTEREST in the property applied for.
        
        OPPOSITION REQS:
        For an opposition then to be considered, the following requisites must concur:
        
        INTEREST IN THE LAND
        (a) The oppositor must have an interest in the land applied for;
        
        GROUNDS FOR OBJECTION + NATURE OF CLAIM
        (b) He should state the grounds for his objection as well as the nature of his claimed interest;
        
        DESIRED RELIEF
        (c) He should indicate the desired relief; and
        
        SIGNED & SWORN
        (d) The opposition should be signed and sworn to by him or by his duly authorized representative.
        
        LATER VERIFICATION (SIGNED & SWORN) MAY BE ALLOWED, IF WAIVED
        It has been held, however, that unverified oppositions in land registration proceedings are nevertheless sufficient to confer standing in court to oppositors who may be allowed to verify their oppositions later on, especially where said defect is deemed waived by the applicants' failure to invoke said requirement seasonably.229
        
        SUBSTANTIAL COMPLIANCE
        WRITTEN APPEARANCE, W/O ANSWER,
        CAN SUFFICE
        Also, the written appearance with opposition presented by petitioner in a case was considered valid and sufficient to give him a legal standing in court and entitle him to notice, as a matter of right. It was a substantial compliance with the law that required a formal answer.230
      - 2. NATURE OF INTEREST TO SUPPORT OPPOSITION
        
        OPPOSITION MUST BE BASED ON:
        
        RIGHT OF DOMINION or REAL RIGHT
        
        OPPOSED TO OWNERSHIP OF APPLICANT
        
        LIMITED or ABSOLUTE
        Opposition to an application for registration of the title must be based on the right of dominion or some other real right opposed to the adjudication or recognition of the ownership of the applicant, whether it be limited or absolute. 231 To give a person a legal standing to object to the application for registration, "he must make some claim to the property."232
        
        INTEREST SUFFICES
        W/N LEGAL or EQUITABLE TITLE
        The circumstance that an opponent in a land registration proceeding cannot show title in himself does not discapacitate him from opposing registration of the property in the name of the applicant. Nor is it even material for the opponent to have the legal character necessary to enable him to maintain a registration proceeding in his own name and behalf. All that is necessary to enable one to exert the faculty of opposition is that he should appear to have an interest in the property.233 "It is immaterial," said the Court in De Castro v. Marcos,234 "whether this interest is in the character of legal owner or is of a purely equitable nature as where he is the beneficiary in a trust."
        
        NOT INCLUDED IN REGISTRATION:
        SUCCESSFUL OPPOSITION TO PORTION: PORTION IS SEGREGATED AND
        NOT INCLUDED
        All claims of third persons to the property must be asserted in the registration proceedings. If any claim to a portion thereof is upheld, that portion is segregated from the property applied for, and is not included in the decree of registration and certificate of title subsequently issued to the applicant.
        
        INCLUDED IN REGISTRATION:
        DEEMED ADVERSELY RESOVLED WITH FINALITY
        If it is included, the claim is deemed adversely resolved with finality, subject only to a petition for review of the decree within one (1) year from its issuance on the ground of fraud.
        
        MERE CLAIM DOES NOT SUFFICE
        It is obvious that a mere claim cannot defeat a registered title. A "claim" merely noted on the survey plan cannot prevail over the actual decree of registration as reproduced in the certificate.
        
        OWNER MUST CLAIM:
        
        DURING LR PROCEEDINGS
        
        FACT OF OWNERSHIP
        The rule also is that the owner of buildings and improvements should claim them during the proceedings for registration and the fact of ownership, if upheld by the court, must be noted on the face of the certificate.235
        
        EFFECT OF SUCCESSFUL CLAIM OF OWNERSHIP
        COURT NOTES ON FACE OF CERTIFICATE
        
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        3. FAILURE TO FILE OPPOSITION, EFFECT OF
        
        NO OPPOSITION = CONFESSION OF ALLEGATIONS IN APPLICATION
        Where no answer in writing or any opposition is made to an application for registration of property,. all the allegations contained in the application shall be held as confessed by reason of the absence of denial on the part of the opponent.
        Esconde v. Barlongay, GR No. L-67583, July 31, 1987, 152 SCRA 603
        
        APPEAL:
        RIGHT OF DOMINION CANNOT BE RAISED ON APPEAL INASMUCH AS HE DID NOT ALLEGE ANY RIGHT
        A person who has not challenged an application for registration of land even if the appeal afterwards interposed is based on the right of dominion over the same land, cannot allege damage or error against the judgment ordering the registration inasmuch as he did not allege or pretend to have any right to such land.237
        Esconde v. Barlongay, GR No. L-67583, July 31, 1987, 152 SCRA 603
        
        ISSUANCE OF CERTIFICATE:
        FAILURE TO OPPOSE WITHIN ONE YEAR AFTER ISSUANCE OF CERT = FOREVER LOST RIGHT IN SAID LAND
        In the same manner, it has been held that a claimant having failed to present his answer or objection to the registration of a parcel of land under the Torrens system or to question the validity of such registration within a period of one year after the certificate of title had been issued, is deemed to have forever lost his right in said land even granting that he had any right therein.
        (De Los Reyes v. Paterno, GR> 10580, March 27, 1916)
        
        BURDEN OF PROOF
        MUST STILL BE DISCHARGED
        But a declaration of default is not a guarantee that the application for registration will be granted. It is still the burden of the applicant to prove that he 1s entitled to registration by "well-nigh incontrovertible proof
        
        4. OPPOSITION BY THE GOVERNMENT
        
        OSG IS PRESENTED IN LR CASES BY:
        
        DIRECTOR OF LANDS
        
        DIRECTOR OF FORESTRY
        The government, acting through the Office of the Solicitor General (OSG), is invariably represented by the Director of Lands or Director of Forestry as public oppositor in all land registration and related proceedings.
        
        SUMMARILY DISMISSED:
        CASES IN THE NAME OF GOV'T IF
        NOT INTIATED BY SOLGEN
        Only the Solicitor General, as the lawyer of the government, can bring or defend actions on behalf of the Republic of the Philippines and therefore, actions filed in the name of the Republic, or its government agencies, if not initiated by the Solicitor General, will be summarily dismissed. Conversely, all actions filed against the government must be defended by the Solicitor General.
        
        In practice, because of the numerous activities of government requiring the services of the OSG, more so in land registration and cadastral cases which is nationwide in scope, it has become necessary to deputize provincial or city prosecutors and special attorneys from the different government offices to assist said· office in the discharge of its important functions. Even so, the Solicitor General has full control of the conduct of the proceedings. Important pleadings have to be signed by the Solicitor General himself, or at least by the handling Assistant Solicitor General, usually assisted by a State Solicitor or Associate Solicitor.
        
        A. ABSENCE OF OPPOSITION BY GOV'T DOES NOT JUSTIFY OUTRIGHT REGISTRATION
        
        B. HEARING NECESSARY TO DETERMINE VALIDITY OF OWNERSHIP CLAIM
        
        C. FAILURE TO APPEAR ON DAY OF INITIAL HEARING IS NOT GROUND FOR DEFAULT WHERE OPPOSITION/ANSWER HAD BEEN FILED
        
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        PLEAD + PROVE:
        APPLICANT MUST PROVE OWN
        AFFIRMATIVE ALLEGATIONS
        Under Section 1, Rule 131 of the Rules of Court, each party, whether applicant or oppositor, must prove his own affirmative allegations by the amount of evidence required by law to obtain a favorable judgment.
        The court may render judgment in accordance with the report as though the facts have been found by the judge himself, or order the case recommitted for reception of additional evidence.
        The failure of the Director of Lands, in representation of the government, to oppose the application for registration for which he was declared in default will not justify the court in adjudicating the land applied for as private property. The court has to receive evidence to determine whether or not the applicant, or private oppositor if claiming affirmative relief, has discharged the burden of establishing his ownership. Otherwise, the court has no alternative but to dismiss the application, thus maintaining the status of the land as public land.
        
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        NON-OPPOSITION:
        NOT IPSO FACTO REGISTERED
        Notwithstanding the absence of opposition from the government, the applicant in land registration cases is not relieved of the burden of proving the imperfect right or title sought to be confirmed.245 He is not necessarily entitled to have the land registered under the Torrens system, simply because no one appears to oppose his title and to oppose the registration of his land.
        
        BURDEN OF PROOF:
        ABSOLUTE OWNERSHIP
        He must show, even though there is no opposition, to the satisfaction of the court that he is the absolute owner, in fee simple. Courts are not justified in registering property under the Torrens system, simply because there is no opposition offered. Courts may, even in the absence· of any opposition, deny the registration of the land under the Torrens system, upon the ground that the facts presented did not show that the petitioner is the owner, in fee simple, of the land which he is attempting to have registered.24
        
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        5. RES JUDICATA PROPER IN A REGISTRATION PROCEEDING.
        
        SUPPLETORY APPLICATION OF ROC:
        MOTION TO DISMISS
        The Property Registration Decree does not provide for a pleading similar or corresponding to a motion to dismiss. However, Section 34 provides that the Rules of Court which are not inconsistent with the provisions of the Decree shall be applicable .to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient.
        
        2 TYPES OF RES JUDICATA
        
        FORMER JUDGMENT
        
        CONCLUSIVENESS OF JUDGMENT
        The doctrine of res judicata is set forth in Section 47 of Rule 39 of the Rules of Court. This provision comprehends two (2) distinct concepts of res judicata: (1) bar by former judgment and (2) conclusiveness of judgment.
        
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        OPPOSITION = COUNTERCLAIM
        The opposition in a registration case partakes of the nature of an answer with a counterclaim. In ordinary civil cases, the counterclaim would be considered a complaint, this time with the original defendant becoming the plaintiff.
        
        ORIGINAL PLAINTIFF BECOMES DEFENDANT IN COUNTERCLAIM AND MUST:
        
        ANSWER
        
        MOVE TO DISMISS
        
        DEFAULT
        The original plaintiff, who becomes defendant in the counterclaim, may either then answer the counterclaim or be declared in default, or may file a motion to dismiss the same.
        
        1 more item...
        
        6. SUBMISSION OF SUBDIVISION PLAN
        
        COURT MAY REQUIRE SUBDIVISION PLAN APPROVED BY DL IF:
        
        OPPOSITION ONLY COVERS PORTION NOT PROPERLY DELIMITED IN PLAN
        
        IN UNDIVIDED CO-OWNERSHIP, CONFLICTING CLAIMS
        
        OVERLAPPING BOUNDARIES
        If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited on the plan attached to the application, or in case of undivided co-ownership, conflicting claims of ownership or possession, or overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the Director of Lands.
      - PERSONS DEEMED TO HAVE LEGAL STANDING TO FILE OPPOSITION
        The following persons are deemed to have that "interest" or "equitable title" necessary to give them legal standing as oppositors:
        
        HOMESTEADER
        a. NOT YET ISSUED TITLE
        b. FULFILLED CONDITIONS FOR PATENT
        (a) A homesteader who has not yet been issued his title but has fulfilled all the conditions required by law for the issuance of patent;
        
        PURCHASER OF FRIAR LAND
        a. EQUITABLE TITLE
        b. EVEN BEFORE PATENT ISSUANCE
        (b) A purchaser. of friar land who is deemed to have an equitable title to the land even before the issuance of the patent;
        
        AWARDEE IN SALES APPLICATION
        a. AUTHORIZED TO POSSESS TO COMPLY WITH PATENT
        (c) An awardee in a sales application who, by virtue of the award, is authorized to take possession of the land to enable him to comply with the requirements for the issuance of patent; 239
        
        PERSON:
        a. POSSESSION OF LAND
        b. APPLIED WITH LMB FOR PURCHASE
        (d) A person claiming to be in possession of the land and has applied with the Lands Management Bureau for its purchase.
        
        PERSONS WITHOUT LEGAL STANDING TO FILE OPPOSITION
        
        PRIVATE PERSON CLAIMING ALLEGEDLY/ADMITTEDLY PUBLIC LAND:
        A private person may not oppose an application for registration on behalf of the government on the ground that the land belongs to the government. 240
        
        PUBLIC LAND APPLICANT CANNOT OPPOSE APPLICATION FOR REGISTRATION
        SINCE HE RECOGNIZES IT'S PUBLIC LAND
        A mere public land applicant under any mode of disposition under the Public Land Act cannot be a proper party to oppose an application for registration under the Torrens system since by filing his application with the Lands Management Bureau, he recognizes the character of the land as public land and not as private property.
        [Leyva. Jandoc, GR. 16965, Feb. 1962,]
        
        ONLY SOLGEN MAY FILE OPPOSITION ON PUBLIC LAND
        In such case, only the government, through the Solicitor General, may properly interpose its opposition following the principle that all lands and other natural resources are owned by the State. The burden of overthrowing the presumption of State ownership belongs to the registration applicant.
        [Leyva. Jandoc, GR. 16965, Feb. 1962,]
        
        EXAMPLE OF PRIVATE PERSONS
        CLAIMING PUBLIC LAND
        
        SALES APPLICANT WHOSE SALES APPLICATION CONVEY NO RIGHT
        In one case, 241 the Court sustained the dismissal by the registration court of petitioners' opposition since petitioners were mere sales applicants in the Bureau of Lands (now Lands Management Bureau) and whose sales applications explicitly provided that the same conveyed no right to occupy the land prior to their approval.
        
        FORESHORE LESSEE
        Similarly, a foreshore lessee has no personality as oppositor since his right is predicated upon the property in question being part of the public domain. The interests of the government cannot be represented by private persons.