OPPOSITION AND DEFAULT

Section 25. Opposition to application in ordinary proceedings. Any person

claiming an interest, whether named in the notice or not, may appear and file
an opposition on or before the date of initial hearing, or within such further
time as may be allowed by the court. The opposition shall state all the
objections to the application and shall set forth the interest claimed by the
party filing the same and apply for the remedy desired, and shall be signed
and sworn to by him or by some other duly authorized person.
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.
Section 26. Order of default; effect. If no person appears and answers within
the time allowed, the court shall, upon motion of the applicant, no reason to
the contrary appearing, order a default to be recorded and require the
applicant to present evidence. 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.
Where an appearance has been entered and an answer filed, a default order
shall be entered against persons who did not appear and answer.

QUESTION: So may oppose or file and answer to the
application?
ANSWER: Any person claiming an interest, whether named in
the notice or not

NOTE: Such person may file an answer/opposition. During the
initial hearing it is not required yet that the person who has a
claim an interest or right in the property subject matter or land
registration case file an opposition or answer.
- It is sufficient that at the date of initial hearing, that the
party take part or appear.
- He may inform the court that he has claim or interest
and he needs additional time to file an answer or
opposition.
- The court grants the extension of additional time to
the person who appeared in the initial hearing.

PURPOSE OF APPEARANCE IN COURT
- To seek additional time or extension to file
answer/opposition.

QUESTION: If you are the counsel of the petitioner-applicant
during the initial hearing after you present evidence/documents
to prove compliance of jurisdictional requirements of the case,
what is your next action?
ANSWER: Make a motion to the court that an Order of
General Default be issued.
ORDER OF GENERAL DEFAULT - covers all persons who
did not appear in the initial hearing and who did not file
answer/opposition.
- If the party has already filed an answer/opposition he
may opt not to appear anymore (of course he should
know when the next hearing should be. He will be
given notice).
- Those who did not appear or file an answer are
covered by the Order of General Default. Person
covered by the default order has no standing in
court so he is not allowed to later on participate or
present evidence in court

NOTE: With respect to the applicant or the petitioners, the
Order of General Default gives him the right to present
evidence in the absence of everyone who did not file
answer/opposition.
- If there is no oppositor who files an
answer/opposition, then everyone is covered by
OGD.

NOTE: If you are the lawyer of applicant, then you may ask
the court to be allowed present evidence ex-parte, meaning in
absence of all other parties and usually reception of evidence
be done before the referee of clerk of court

CONTENT OF ANSWER/OPPOSITION
- state the grounds for his objection as well as the
nature of his claimed interest
- Relief or remedy being prayed for
TYPES OF RELIEFS
1. Negative relief oppositor ask the court that the
registration be dismissed or denied
2. Affirmative relief seeks for land subject of
registration be registered in the name of the
oppositor; claim for registration of the land in the
name of the adverse claimant

Q: What about the person who appeared in the initial hearing
but did not file an answer or opposition. Is he/she covered
in the OGD
A: No. He appeared in the initial hearing and asked for
additional time.

Q: But supposing after grant of extension and the person still
did not file an answer or opposition, what happens?
A: The applicant should file a motion asking the court to Order
Special Default to be issued. The latter is directed against
the persons who appeared during initial hearing but did not
eventually file answer or opposition.

Q: If a person covered by the OGD, learns that a land
registration case has been filed and he has claim or interest in
the subject property, what is his remedy since he is already
covered by OGD?
A: 1
st
depends on the stage of proceedings either before or
after judgment


(Before judgment) MOTION TO LIFT ORDER OF GENERAL
DEFAULT
- Remedy available to a person to whom an order of
default has been issued against
- An order of default is interlocutory in character,
subject to the control of the court, and may be
modified and amended as the court may deem proper
at any time prior to the rendition of the final judgment
- A motion filed prior to rendition of judgment should be
decided with liberality since it is presented promptly
and without unnecessary delay

(after judgment)

1. Relief of judgment under Rule 38
2. Appeal to CA or SC in the manner as ordinary actions
pursuant to Section 33 of PD 1529
3. Review of Decree, Section 32
4. Claim under Assurance Fund, Section 95
5. Reversion under Section 101 of CA 141
6. Cancellation of title
7. Annulment of judgment under Rule 37
8. Quieting of Title
9. Action for reconveyance
10. Criminal prosecution under the Revised Penal Code

HEARING AND PRESENTATION OF EVIDENCE
GOVERNING RULES:
- Provisions of PD 1529
- By analogy, or suppletory character and whenever
practicable, Rules of Court may apply: Rules on
Evidence
Reception of evidence will be referred to the referee under
Sec. 27 usually the clerk of court, persons authorized by Court
to receive evidence
Section 27. Speedy hearing; reference to a referee. The trial court
shall see to it that all registration-proceedings are disposed or within
ninety days from the date the case is submitted for decision,
The Court, if it deems necessary, may refer the case or any part
thereof to a referee who shall hear the parties and their evidence,
and the referee shall submit his report thereon to the Court within
fifteen days after the termination of such hearing. Hearing before a
referee may be held at any convenient place within the province or
city as may be fixed by him and after reasonable notice thereof shall
have been served the parties concerned. The court may render
judgment in accordance with the report as though the facts have
been found by the judge himself: Provided, however, that the court
may in its discretion accept the report, or set it aside in whole or in
part, or order the case to be recommitted for further proceedings:
Q: What may referee do with the evidence presented received
by him?
A: Submit his report thereon to the Court within fifteen days
after the termination of such hearing

Court may in its discretion either accept the report, or set it
aside in whole or in part, or order the case to be recommitted
for further proceedings:
Court has the option on whether the report made by referee is
copied and notified; to totally discard; set aside or recommit or
revive the case to the referee or commissioner for reception for
additional evidence
Q: May motion of dismiss be filed?
A: Yes in case of lack of jurisdiction over subject matter

NOTE: If land is already registered in the name of the other
under Torrens System, court acquires no jurisdiction
- Judgment and proceedings becomes null and void

NOTE: Land registration court shall determine right of
ownership of parties or their lack of right; the court may also
dismiss the case or petition; Land registration court should
have jurisdiction
- Land is non-registrable no jurisdiction, title also null
and void
- Ex: land is forest or timber land
Specific pieces of evidence may be presented in court to prove
title or ownership
1. Documentary evidence documents such as: tax
declarations, technical description
2. Testimonial evidence statement of evidence
witnesses
3. Real evidence: pictures
Evidence needed to present depends on basis of application
for registration
Basis is provided for Sec 14.
(1) Those who by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim
of ownership since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by
prescription under the provision of existing laws.
(3) Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under
the existing laws.
(4) Those who have acquired ownership of land in any other
manner provided for by law.

Other types of documentary evidence:
Tax declaration and tax receipts are not conclusive of
ownership, however if presented together with OCENO, they
are good indication of possession as an owner
- No one in his right mind would be paying taxes who is
not in his actual or constructive possession (SC
decision)

Next stage: Court may render judgment
Adjudication or determination of question of ownership in favor
of one of the claimants
Partial judgment may be renderd
- Where portion of the land is partly contested and
partly uncontested, the court may render judgement
as to the uncontested portion provided that a
subdivision plan duly approved director of land
management t bureau submitted with the technical
description
Under sec. 29, what is the basis of judgment?
Sources/matters that court considers
1. Evidence presented by parties
2. Report of the admininistrator of land registration
authority
his reports are considered LRA he is the center
repository of all the records concerning original
registration of lands under TS, so he has all the
records WON the subject of pending case is already
registered or not. If already registered, court has no
jurisdiction and cannot adjudicate ownership. Court
may dismiss the case
Case based on report of administrator
3. Report of Director of land mgt bureau repository of
all approved survey plans and tech description. He
will know if land encroaches property of another or
belongs to another person based on an approved
survey plan or land mgt bureau may report that the
lands has not yet been classified as alienable and
disposable land of public domain
Section 29. Judgment confirming title. All conflicting claims of
ownership and interest in the land subject of the application shall be
determined by the court. If the court, after considering the evidence
and the reports of the Commissioner of Land Registration and the
Director of Lands, finds that the applicant or the oppositor has
sufficient title proper for registration, judgment shall be rendered
confirming the title of the applicant, or the oppositor, to the land or
portions thereof.
Section 30. When judgment becomes final; duty to cause issuance
of decree. The judgment rendered in a land registration proceedings
becomes final upon the expiration of thirty days to be counted from
the data of receipt of notice of the judgment. An appeal may be taken
from the judgment of the court as in ordinary civil cases.

NOTE: After judgment has become final and executory, it shall
devolve upon the court to forthwith issue an order in
accordance with Section 39 of this Decree to the
Commissioner for the issuance of the decree of registration
and the corresponding certificate of title in favor of the person
adjudged entitled to registration.

- Judgment shall be rendered confirming title of the
applicant or oppositor to the land or portions thereof.
Registration merely confirms title
- Appeal after expiration of 15 days counted from the
receipt of judgment
*judgments are always final but not always executory; they
may be final and appealable but not executory
NOTE: Once judgement has become final and executory, court
may issue an order in accordance to Sec. 9 directing
Administrator of LRA for the issuance of decree of registration
and corresponding COT in favor of the person adjudged
thereto
- After judgment has become final and executory, no
need for issuance of writ of execution not a mode of
executing
- Court is required by law to issue order directing admin
for LRA for the issuance of decree of registration
and corresponding COT
Order of the court must be transmitted to the LRA together with
copy of the judgment and entry of Judgment document which
states that the judgment has already become final and
executory; the admin will issue the decree of registration,
separate document apart from the judgment rendered by the
court


FORM OF DECREE OF REGISTRATION
Section 31. Decree of registration. Every decree of registration
issued by the Commissioner shall bear the date, hour and minute of
its entry, and shall be signed by him. It shall state whether the owner
is married or unmarried, and if married, the name of the husband or
wife: Provided, however, that if the land adjudicated by the court is
conjugal property, the decree shall be issued in the name of both
spouses. If the owner is under disability, it shall state the nature of
disability, and if a minor, his age. It shall contain a description of the
land as finally determined by the court, and shall set forth the estate
of the owner, and also, in such manner as to show their relative
priorities, all particular estates, mortgages, easements, liens,
attachments, and other encumbrances, including rights of tenant-
farmers, if any, to which the land or owner's estate is subject, as well
as any other matters properly to be determined in pursuance of this
Decree.
The decree of registration shall bind the land and quiet title thereto,
subject only to such exceptions or liens as may be provided by law. It
shall be conclusive upon and against all persons, including the
National Government and all branches thereof, whether mentioned
by name in the application or notice, the same being included in the
general description "To all whom it may concern".
Section 32. Review of decree of registration; Innocent purchaser for
value. The decree of registration shall not be reopened or revised by
reason of absence, minority, or other disability of any person
adversely affected thereby, nor by any proceeding in any court for
reversing judgments, subject, however, to the right of any person,
including the government and the branches thereof, deprived of land
or of any estate or interest therein by such adjudication or
confirmation of title obtained by actual fraud, to file in the proper
Court of First Instance a petition for reopening and review of the
decree of registration not later than one year from and after the date
of the entry of such decree of registration, but in no case shall such
petition be entertained by the court where an innocent purchaser for
value has acquired the land or an interest therein, whose rights may
be prejudiced. Whenever the phrase "innocent purchaser for value"
or an equivalent phrase occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or other encumbrancer for
value.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of registration
in any case may pursue his remedy by action for damages against
the applicant or any other persons responsible for the fraud.
Section 33. Appeal from judgment, etc. The judgment and orders of
the court hearing the land registration case are appealable to the
Court of Appeals or to the Supreme Court in the same manner as in
ordinary actions:
Section 34. Rules of procedure. The Rules of Court shall, insofar as
not inconsistent with the provision of this Decree, be applicable to
land registration and cadastral cases by analogy or in a suppletory
character and whenever practicable and convenient.