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CH 03.00.01D: ORP A. APPLICATIONS (D) FORM & CONTENTS, DEALINGS…

- - - - 2 PARCELS OF LAND, 1 APP:
        ALLOWED IF: SAME PROVINCE/CITY
        Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city.
        
        AMENDMENT
        ALLOWED IF: JUST & REASONABLE
        ANY TIME :alarm_clock:
        Section 19. Amendments.
        Amendments to the application including joinder, substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms.
        
        IF BORDERS ON ROAD (PRIVATE/PUBLIC), THEN STATE:
        
        CLAIMS ON THE ROAD, IF ANY
        
        PORTIONS WITHIN LIMITS OF WAY/ROAD
        
        DESIRE TO HAVE LINE OF WAY DETERMINED, IF ANY
        Section 20. When land applied for borders on road. If the application describes the land as bounded by a public or private way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined.
        
        COURT MAY REQUIRE
        
        ADDITIONAL FACTS:
        -NOT INCONSISTENT WITH PRD
        
        ADDITIONAL PAPER
        Section 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper.
        
        DEALINGS PENDING ORIG REGISTRATION
        
        AFTER FILING BUT
        
        BEFORE DECREE
        
        1
        INTERESTED PARTY SHALL PRESENT TO COURT:
        
        RELEVANT INSTRUMENTS
        
        SUBDIVISION PLAN (APPROVED)
        -IN CASE OF TRANSFER
        Section 22. Dealings with land pending original registration. After the filing of the application and before the issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or in part, in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof
        
        1 more item...
        
        DEALINGS PENDING ORIG REGISTRATION
        
        AFTER FILING
        
        AFTER DECREE
        
        1 more item...
        
        TRANSFEREE NEED NOT BE PARTY
        REGISTRATION ALLOWED EVEN IF TRANSFEREE IS A TOTAL STRANGER IF:
        
        INST PRESENTED TO COURT
        
        MOTION TO CONSIDER
        
        PRIOR NOTICE TO PARTIES
        In the Supreme Court, petitioner argued that the registration court could not legally order the registration of the land in the names of the vendees-respondents since they were neither the applicants nor the oppositors in the registration case. The Court disagreed, holding as follows:
        
        ''The law does not require that the application for registration be amended by substituting the buyer or the 'person to whom the property has been conveyed' for the applicant. Neither does it require that the 'buyer' or the 'person to whom the property has been conveyed' be a party to the case. He may thus be a total stranger to the land registration proceedings. The only requirements of the law are:
        (1) that the instrument be presented to the . court by the interested party together with a motion that the same be considered in relation with the application; and
        (2) that prior notice be given to the parties to the case.
        And the peculiar facts and circumstances obtaining in this case show that these requirements have been complied with."
        
        IF NECESSARY -> OCULAR INSPECTION
        It may also conduct an ocular inspection, if necessary.
        
        INSTANCES OF MORE FACTS REQUIRED:
        
        REMAND
        In not a few cases, the Supreme Court has remanded registration cases to the appellate court or court of origin for the taking of additional evidence or for the conduct of survey and ocular inspection in order to arrive at a judicious disposition of the case.
        
        DENR & LRA REQUIRED TO SUBMIT REPORT IF ALREADY REGISTERED (TO AVOID OVERLAPPING
        The court may also require the DENR, the LRA and any other government agency to submit a report on whether the subject property has already been registered and covered by certificates of title to avoid overlapping of claims and duplication of titles.
        The court may require the filing of additional papers to aid in its determination of the propriety of the application.
        
        IF:
        
        SUBSTANTIAL CHANGE IN AREA
        
        ADDED LAND
        
        THEN:
        SAME REQS AS ORIGINAL APP'S:
        
        PUBLICATION
        
        NOTICE
        Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an original application.
        
        EFFECT IF NO PUBLICATION/NOTICE:
        AMENDMENT ORDER = VOID
        It is not permissible to make amendments or alterations in the description of the land after its publication in the newspapers and after the registration of the property has been decreed, without the publication of new notifications and advertisements making known to everyone the said alterations and amendments.
        Otherwise, the law would be infringed with respect to the publicity which characterizes the procedure, and third parties who have not had an opportunity to present their claims, might be seriously affected in their rights, through failure of opportune notice. 175 An order of the court, in a land registration proceeding, amending an official plan so as to include land not previously included therein, is a nullity as against a person who is not a party and who has no notice of the proceeding, unless publication is effected anew. 176 Publication is one of the essential bases of the jurisdiction of the court in land registration and cadastral cases, and additional territory cannot be included by amendment of the plan without new publication.177
        If new survey plans do not conform to the plans earlier presented and affect the rights of third persons, notice shall be given them and an opportunity to present whatever opposition they may have to the registration of the land included in the new plans. 178
        
        ORDER & CERTIFICATE
        VOID ONLY INSOFAR AS LAND NOT INCLUDED IN PUBLICATION IS CONCERNED
        If it is later shown that the decree of registration had included land or lands not included in the original_ application as published, then the registration proceedings and the decree of registration must be declared null and void insofar - but only insofar - as the land not included in the publication is concerned. This is so, because the court did not acquire jurisdiction over the land not included in the publication the publication being the basis of the jurisdiction of the court. But the proceedings and the decree of registration, relating to the lands that were included in the publication are valid. Thus, if it is shown that a certificate of title had been issued covering lands where the registration court had no jurisdiction, the certificate of title is null and void insofar as it concerns the land or lands over which the registration court had not acquired jurisdiction."
        (Benin v. Tuason)
        
        NO NEW PUBLICATION IS REQUIRED IF:
        
        REDUCTION
        Conversely, if the amendment does not involve an addition, but on the contrary, a reduction of the original area that was published, no new publication is required.
        Republic v. Court of Appeals and Ribaya, GR No. 113549 July 5 1996 258 SCRA 223.
        
        ID & AREA MERE COLLATERAL MATTERS
        The Court clarified in De Luzurriaga v. Republic210 that where the IDENTITY and AREA of the claimed property are not the subject of amendment but merely other collateral matters, a new publication is not needed.
        
        LR COURT HAS DUTY TO CORRECT ERROR OF CLOSURE
        The duty of the land registration court to correct an error of closure is authorized by law, provided such correction does not include land not included in the original petition.
        Roxas v. Enriquez, GR 8539, Dec. 24, 1914
        
        What is error of closure?
        
        AMENDMENT MAY EITHER BE IN:
        
        APPLICATION
        OR
        
        SURVEY PLAN
        OR
        
        BOTH
        As stated in Benin v. Tuason, 209 the amendment may be made in the application or in the survey plan, or in both, since the application and the survey plan go together.
        
        COURT MAY, ANY TIME ORDER A:
        
        STRIKE OUT
        
        SEVERANCE
        The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application.
        
        Kelan strike out?
        Kelan severance?
        
        PRD ALLOWS:
        The Property Registration Decree recognizes and expressly allows the following situations:
        
        FILING ONE FOR MANY CO-OWNERS
        (1) the filing of a single application by for as long as they are co-owners of the parcel ofland sought to be registered; and
        
        FILING ONE FOR MANY PARCELS
        (2) the filing of a single application for registration of several parcels of land provided that the same are located within the same province. 171
        
        MISJOINDER:
        FILING ONE FOR SEPARATE OWNERS
        Misjoinder of causes of action and parties, as where two applicants filed a single application for two parcels of land, but are seeking the separate and individual registration of the parcels of land in their respective names, do not involve a question of jurisdiction of the court to hear and proceed with the case. They are not even accepted grounds for dismissal thereof. The court may at any time order the splitting or striking out of one or more parcels, or allow amendments to the application, including joinder, substitution or discontinuance as to parties upon such terms as may be just and reasonable. 172
      - FILE TOGETHER WITH APPLICATION:
        
        ALL MUNIMENTS OF TITLES
        -(ORIG or COPIES)
        
        SURVEY PLAN (MANDATORY)
        -(APPROVED BY DL)
        The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands.
        
        CLERK OF COURT ACCEPTANCE REQ:
        
        FURNISHED DIRECTOR OF LANDS
        a. COPY OF APPLICATION
        b. ALL ANNEXES
        The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes.
        
        SURVEY PLAN + TECH-DESC:
        MANDATORY REQ: APPROVED BY DL
        Unless a plan and its technical description are duly approved by the Director of Lands, the same are of no value. 164
        (UP v. Rosario, GR 136965, 2001)
        
        SUBSTANTIAL COMPLIANCE:
        OTHER PIECES OF EVIDENCE MAY ASCERTAIN LIMIT & EXTENT
        "Yet if the reason for requiring an applicant to adduce in evidence the original tracing cloth plan is merely to provide a convenient and necessary means to afford certainty as to the exact identity of the property applied for registration and to ensure that the same does not overlap with the boundaries of the adjoining lots, there stands to be no reason why a registration application must be denied for failure to present the original tracing cloth plan, especially where it is accompanied by pieces of evidence - such as a duly executed blueprint of the survey plan and a duly executed technical description of the property - which may likewise substantially and with as much certainty prove the limits and extent of the property sought to be registered."
        
        NOT APPROVED:
        LR COURT NO JURISDICTION
        Under PD No. 239, dated July 9, 1973, only the Lands Management Bureau (LMB) may now verify and approve survey plans for original registration purposes. The primary purpose of the aforesaid requirement is to fix the exact or definite identity of the land as shown in the plan and technical descriptions. 167 The submission of the plan approved by the Lands Management Bureau is a mandatory statutory requirement, otherwise the court has no jurisdiction to take cognizance of the application for registration. 168 The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes. 169
        
        RATIO: JURE REGALIA
        This again is a recognition of the concept of jura regalia where all lands and all other natural resources are owned by the State,170 and a recognition as well of the exclusive authority of the Director of Lands in the administration, management, survey, and disposition oflands of the public domain.
    - - IF AGENT DIES/LEAVES -> APPOINT ANOTHER
        If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute,...
        
        NO APPOINT -> MAY DISMISS
        ...and, if he fails to do so the court may dismiss the application.
  - - - OCCUPANTS:
        
        FULL NAMES & ADDRESSES OF ALL
        -OCCUPANTS
        -IF KNOWN, ADJOINING OWNERS
        -IF NOT KNOWN, EXTENT OF SEARCH
        It shall also state the full names and addresses of all occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search made to find them.
- - - - ACCOMPANIES APPLICATION:
        The application shall be accompanied by the following documents:
        
        ORIGINAL PLAN IN TRACING CLOTH (APPROVED BY RTD + LMS-DENR)
        "(a) The original plan in tracing cloth or Diazo Polyester film duly approved by the Regional Technical Director, Land Management Service of the DENR,
        
        a certified copy of the same by the Clerk of Court shall be attached to the duplicate records and forwarded to the Land Registration Authority.
        Where in lieu thereof, a true copy of the original plan in tracing cloth or Diazo Polyester film is submitted, the Clerk of Court shall see to it that the same is properly attested and duly certified correct by the Regional Technical Director concerned or the official authorized should sign the plan for· the regional Technical Director.
        All bearings, distances and the technical descriptions of the land appearing on the plan must be legible.
        Such true copy shall be retained by the court concerned and a copy thereof duly certified as a faithful reproduction by the Clerk· of Court shall be forwarded to the Land Registration Authority. (As amended by LRA Circular No. 06-2000 dated March 8, 2000)
        
        WHITE/BLUE PRINT COPIES OF PLAN
        (b) The white or blue print copies of the plan.
        
        TECH-DESC (ORIG = 2 COPIES)
        -CERTIFIED BY
        --REGIONAL-TECH DIRECTOR or AUTH-OFFICIAL
        X NOT MERELY THE GEODETIC ENGINEER
        (c) The original and two copies of the technical descriptions certified by the Regional Technical Director or the official so authorized and not merely signed by the Geodetic Engineer who prepared the plan.
        
        GE'S CERT (ORIG + 2 COPIES)
        -OR RTD'S CERT OF NON-AVAILABILITY
        (d) The original and two copies of the geodetic Engineer's certificate or, in lieu thereof, a certification from the Regional Technical Director as to its non-availability.
        
        CERTIFICATE OF ASSESSED VALUE (TRIPLICATE)
        -BY P/C/M ASSESSOR
        -LAST ASSESSMENT FOR TAXATION
        --IF ABSENCE, FOR NEXT PRECEDING YEAR
        (e) A certificate in triplicate of the Provincial, City or Municipal Assessor of the assessed value of the land at its last assessment for taxation or, in the absence thereof, that of the next preceding year.
        --IF NOT ASSESSED, AFFIDAVIT OF:
        --a. MARKET VALUE
        --b. BY 3 DISINTERESTED WITNESSES
        In case the land has not been assessed, an affidavit in triplicate (Judicial Form No. 81) of the market value of the land signed by three disinterested witnesses.
        
        ALL ORIGINAL MUNIMENTS TO PROVE OWNERSHIP (NOT MANDATORY)
        (f) All original muniments of title of the. applicant which prove his ownership of the land. This requirement is not mandatory as long as the documents can be produced before the court during the hearing whenever required or necessary."
        
        CERTIFIED COPY ONLY FORWARDED TO LRA
        ORIGINAL TRACING CLOTH PLAN
        NO LONGER FORWARDED TO LRA
        Under LRA Circular 05-2000, the original tracing cloth plan is no longer forwarded to the LRA; only a certified copy thereof need be forwarded. This has obviated problems especially of applicants for registration in remote provinces or cities where they would still go to the LRA to retrieve the tracing cloth plan for submission as evidence during the trial or to cause the production thereof by the said office via a subpoena duces tecum issued by the court for the same purpose.
        
        ORIGINAL TRACING CLOTH PLAN SIMPLY
        
        ATTACHED TO ORIG RECORD
        
        RETAINED BY COURT
        The original tracing cloth plan is now simply attached to the original record and retained by the court where it may then be marked and formally offered in evidence during the proceedings.