Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

Discussion Guide
I. Sources of Original Titles to Land
A. From Time Immemorial1
Possession from time immemorial is equivalent to a title; ownership is even prior to the
State; anti-regalian doctrine
B. Regalian Doctrine2
Ownership or Title to land must be traced to a government land grant; dominant view at
the moment, most cases; easiest to explain.
II. Modes of Acquiring Title to Public Lands
A. Ownership of land must be traced to a government land grant
1. Direct Grants (Homestead, Sales, Free Patent) - land is considered as public land;
applicant is qualified; applicant must comply with the condition before the grant is
awarded by the State and caused its registration.
2.Indirect Grants (Possession, Prescription, Accretion and Accession) - land becomes
ipso facto, by operation of law, private lands; the state merely confirms the title during
the proceedings where it is determined, during a court hearing that applicant has
qualification and has complied with all the conditions necessary for confirmation of
title
B. General Conditions Necessary for a Land Grant
1. Alienable and Disposable Lands
a) Under Act No. 928 (1903) - Confirmation of Imperfect Titles applied under Spain,
Possession, deemed private lands, not subject to classification; public land
disposition on lands suitable for agriculture
b) Under Act No. 2874 (1919) - Land classification of public land was introduced;
classification of land as a legal object; private lands not subject to classification,
land registration court makes determination
c) Under Republic Act No. 3872 (1964) - Cultural minorities can have titles to Non A
and D Lands
d) Under Presidential Decree No. 1073 (1977) - Confirmation of Titles Limited in A
and D Lands only), Section 4.
e) Under Indigenous Peoples Rights Act of 1997 - Ancestral Domain as private
property of IP.
f) Executive Department - mandate to classify (DENR)
g) Congress - re-classify under Section 4 of CARL
h) Final forest line by Congress under 1987 Constitution
i) DENR vs. Yap (G.R. No. 167707, October 08, 2008) extensively discussed land
classification in relation to land disposition
2. Surveyed and Delineated
a) No survey No title
(1) Survey approval of the Director of Lands before title is issued - Section 107,
CA No. 141
1

Cario vs. Insular Government of the Philippine Islands; Cruz vs. DENR Secretary

2Oh

Cho vs. Director of Lands, G.R. No. L-48321, August 31, 1946
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Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

(2) Survey approval of the Director of Lands of complex subdivision under

Presidential Decree No. 957 (Subdivision and Condominium Buyers Protection
Decree); National Housing Authority also has to approved; now LGU has to
approve under the Local Government Code (RA No. 7160); implementation
arrangement under EO No. 71, S. 1993 (LGU-HLURB)
b) DENR as the agency exercising direct control and supervision over survey of
lands in the Philippines (Section 4, CA No. 141)
(1) Survey Standards - Issues manuals and technical bulletins
(2) Direct supervision - Inspection; verification; and approval of surveys
c) LRAs concurrent jurisdiction to approve simple subdivision of registered lands Section 44, Act No. 496 (Land Registration Act)3 in relation to P.D. No. 957
d) Cadastral Surveys - Director of Lands surveys entire municipality before
institution of cadastral proceedings under Act No. 2259 (presently incorporated
under PD No. 1529); involuntary
e) Isolated Surveys - not cadastral, piecemeal, for land disposition and registration
3. Not for Public or Quasi-Public Use or Appropriated by the Government
4. Area limitation under the Constitution and the law
a) Under the Philippine Bill of 1902 - 16 hectares
b) Under 1936 Constitution - 24 hectares
c) Under 1973 Constitution - 24 hectares
d) Under 1987 Constitution - 12 hectares
5. CASES: Vital vs. Enore, GR No. L-4136, Feb. 29, 1952) - not private land.;
Garingan vs. Garingan, G.R. No. 144095, 12 April 2006; GOOD REVERSION Republic vs Animas, G.R. No. L-37682 March 29, 1974)
6.Qualification of Applicant"
a) On Public Land
(1) Citizenship - Non-Citizen cannot own land; Free Patent requires that the
applicant is natural born
(2) Age - Homestead Head of Family
(3) Corporations not allowed since 1973 to acquire public lands
b) Confirmations of Private Lands
(1) Citizenship - Non Citizen cannot register
(2) Corporations - the land must be unregistered private lands when it was
acquired;
C. Public Land Grants in Agricultural Lands
1.Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act No. 141;
Conditioned upon entry, occupation, improvement, cultivation (1/5 of the land),
residency (1 year) and final proof within 5 years

SECTION44. A registered owner holding one duplicate certificate for several distinct parcels of land may
surrender it, with the approval of the court, and take out several certificates for portions thereof. So a registered
owner holding separate certificates for several distinct parcels may surrender them, and, with like approval, take
out a single duplicate certificate for the whole land, or several certificates for the different portions thereof. Any
owner subdividing a tract of registered land into lots shall file with the clerk a plan of such land, when applying for
a new certificate or certificates, and the court, before issuing the same, shall cause the plan to be verified and
require that all boundaries, streets, and passageways shall be distinctly and accurately delineated thereon.
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Atty. Erwin L. Tiamson

a) Homesteader cannot use share tenancy in complying with the conditions (1973)
under Presidential Decree No. 152. (See Mejia vs. Alfafara, G.R. No. L-7042, May
28, 1954)
b) Original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of CARL keeps to retain the same areas as
long as they continue to cultivate the homestead under Section 6 of RA No. 6657
as amended.
c) CASES: (Balboa vs. Farrales, G.R. No. L-27059, February 14, 1928; Republic
vs. Diamonon, G.R. No. L-7813, October 31, 1955; Mejia vs. Mapa, G.R. No.
L-7042, May 28, 1954) Corollary to the ruling in Balboa vs. Farrales, it was held in
Diaz and Reyes vs. Macalinao, et al, 102 Phil. 999, a 1958 case, that a
homestead entry having been permitted by the Director of Lands, the homestead
is segregated from the public domain and the Director Lands is divested of the
control and possession thereof except if the application is finally disapproved and
the entry annulled or revoked. In Dauan vs. Secretary of Agriculture and
Natural Resources, 19 SCRA 223, involving a dispute as to whether a pre-war
homestead application was approved by the Director of Lands, the Court held that
where the person had all the qualifications to apply for a homestead and he was
in actual possession of the homestead at the time he transferred his rights
thereto, the presumption is that his application for said homestead was approved
by the Director of Lands.
d) Right of Repurchase - (Pascua vs. Talens, G.R. No. L-348 April 30, 1948) - After
that five-year period the law impliedly permits alienation of the homestead; but in
line with the primordial purpose to favor the homesteader and his family the
statute provides that such alienation or conveyance (Section 117) shall be subject
to the right of repurchase by the homesteader, his widow or heirs within five
years. This section 117 is undoubtedly a complement of section 116. It aims to
preserve and keep in the family of the homesteader that portion of public land
which the State had gratuitously given to him. It would, therefore, be in keeping
with this fundamental idea to hold, as we hold, that the right to repurchase exists
not only when the original homesteader makes the conveyance, but also when it
is made by his widow or heirs.
2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141;
conditioned upon appraisal, bidding, entry, cultivation and payment.
a) Torres vs. Gonzales, G.R. No. 32243, September 3, 1930 - sales and lease/
highest bidder.
b) De Gaerlan vs. Martinez, de Santos and Santos, G.R. No. L-3282
January 28, 1950
c) de Santos vs. El Secretario de Agricultura, G.R. No. L-4321, August 27, 1952.
3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No. 141;
corporations can lease up to 1,000 hectares, private individuals up to 500 hectares;
appraisal, bidding, entry, payment
4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act No. 141.
Conditioned upon occupation/possession and payment of real property taxes for a
certain period (latest amendment under Republic Act No. 6940; possession of 30
years prior to 1990); filing of application up to 2020 only (Republic Act No. 9176,
Extending Free Patents)
D. Public Land Grants In Residential, Commercial, Industrial Lands
1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth Act No.
141; appraisal; bidding; entry; introduction of improvements; and payment
2. Republic Act No. 730 (1952) as amended by Presidential Decree No. 2004 - any
citizen of legal age, not the owner of a home lot in the municipality or cit; in good faith
established his residence on a parcel; not needed for the public service; private or
direct sale (appraisal but no bidding); not more than one thousand square meters;
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Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

occupants has constructed his house on the land and actually resided therein. 10%
payment upon approval balance may be paid in full, or in ten equal annual
installments; restriction on transfer 15 years; removed under PD No. 2004 (1985)
3. Batas Pambansa Bilang 223 (1982) - any citizen, not a registered owner of a
residential land in a municipality, has been actually residing on, and continuously
possessing and occupying, under a bona fide claim of acquisition of ownership, paid
all the real estate taxes thereon since June 12, 1945, and not to exceed 3,000 sqm;
not in cities, in capitals of provinces, in first class, second class third class, and fourth
class municipalities, and in townsite reservations; (law expires in 1987)
4. Republic Act No. 10023 (2010) - any citizen; actual occupant, resided under a bona
fide claim of ownership for 10 years; land not needed for public service and/or public
use; all lands zoned as residential; townsites included; delisted military reservation or
abandoned military camp included; actual survey; two supporting affidavits of
disinterested person(residents)
E. Restrictions
1. Commonwealth Act No. 141 (Sections 118, 119, 120, 121 and 123)
2. Presidential Decree No. 2004 (Section 2)
3. Republic Act No. 10023 (Section 5)
F. Under Presidential Decree No. 1521
1. General consideration: Title was obtained not by registration but by operations of
law under the assumption that the occupant of the land is qualified and has complied
with the conditions set forth. The title is vested to the ipso facto but it has to be
confirmed by the State and registered.
2. Section 14, Paragraph (a) - 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; in 1976 all holders of Spanish
titles or grants should apply for registration of their lands under Act No. 496 within six
(6) months afterwards Spanish titles cannot be used as evidence of land ownership
in any registration proceedings under the Torrens system P.D. No. 892; In 1977 lands
that are not declared alienable and disposable are no longer included however long
the possession; judicial confirmation of incomplete titles to public land based on
unperfected Spanish under the laws and royal decrees in force prior to the transfer or
sovereignty from Spain to the United States are disallowed (Presidential Decree No.
1073);
3. Section 14, Paragraph (b)4 - Those who have acquired ownership of private lands
by prescription under the provision of existing laws; prescription of thirty (30) years
begins from the moment the State expressly declares that the public dominion
property is no longer intended for public service or the development of the national
wealth or that the property has been converted into patrimonial; (Heirs of Malabanan
v. Republic of the Philippines, G.R. No. 179987, April 29, 2009; Heirs of Rizalino,
G.R. No. 172011, March 7, 2011; Republic of the Philippines vs. East Silverland
Realty Development Corporation; G.R. No. 186961, February 20, 2012; Tan, et al. vs.
Republic of the Philippines, G.R. No. 193443, April 16, 2012). In Malabanan, period
of possession before declaration of A and D is tacked in counting prescription but the
land is A and D at the time of application. (Government of the Philippine Islands vs.
Adelantar, et al, G.R. No. L-32133, 32155, 32156, 32179, 32198, 32238, 32239,
32272-32275, 32301-32305, 32333, 32353 and 32354, February 25, 1931)
4. Section 14, Paragraph (c) - Right of accession or accretion;
a) Ownership over the accretion received by the land adjoining a river is governed
by the Civil Code; but land has to be registered otherwise it can be lost by reason

Section 14(2) is patrimonial property as defined in Article 421 in relation to Articles 420 and 422 of the Civil
Code.
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Atty. Erwin L. Tiamson

of prescription and/or occupation of others (Ignacio Grande vs. Court of Appeals,

G.R. No. L-17652, June 30, 1962);
b) Article 457 of Civil Code to the owners of lands adjoining the banks of rivers
belong the accretion which they gradually receive from the effects of the current of
the waters; Law Of The Waters - the accretion resulting from the gradual deposit
by or sedimentation from the waters belongs to the owners of the land bordering
on streams, torrents, lakes, or rivers; (Maximo Cortes vs. City Of Manila, G.R. No.
L-4012, March 25, 1908);
c) By law, accretion - the gradual and imperceptible deposit made through the
effects of the current of the water belongs to the owner of the land adjacent to the
banks of rivers where it forms. The drying up of the river is not accretion. Hence,
the dried-up river bed belongs to the State as property of public dominion, not to
the riparian owner; they are not open to registration under the Land Registration
Act. The adjudication of the lands in as private property is null and void (Republic
vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984; Republic vs.
Santos III and Santos, Jr., November 12, 2012, 2012G.R. No. 160453)
5. Section 14, Paragraph (d) - Those who have acquired ownership of land in any other
manner provided for by law.
G. Under IPRA Law
1. Identification and delineation of Ancestral Domain
2. Issuance of Ancestral Domain Certificate of Title
3. Ancestral Domain and the Regalian Doctrine (Cruz vs. DENR Secretary)
H. Under CARP Law (UPAL)
1. Coverage5
a) All alienable and disposable lands of the public domain devoted to or suitable for
agriculture. All other lands owned by the Government devoted to or suitable for
agriculture; and All private lands devoted to or suitable for agriculture regardless
of the agricultural products raised or that can be raised thereon.
2. Retention Limits Land Area - Retention by the landowner exceed five (5) hectares.
(1) Three (3) hectares may be awarded to each child of the landowner, subject
to the following qualifications: (1) that he is at least fifteen (15) years of age;
and (2) that he is actually tilling the land or directly managing the farm.
(2) Landowners whose lands have been covered by Presidential Decree No. 27
shall be allowed to keep the area originally retained by them thereunder;
(3) Original homestead grantees or direct compulsory heirs who still own the
original homestead at the time of the approval of this Act shall retain the same
areas as long as they continue to cultivate said homestead.
3. Ceiling Beneficiaries Land Area - Not exceeding three (3) hectares, which may
cover a contiguous tract of land or several parcels of land cumulated up to the
prescribed award limits. A landless beneficiary is one who owns less than three (3)
hectares of agricultural land.
4. Transferability of Awarded Lands - Cannot be sold, transferred or conveyed for
ten (10) years; except:
a) Hereditary succession;
b) To the government
c) To the Land Bank

Section 4 of of Republic Act No. 6657, as amended by Section 3 of Republic Act No. 9700
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Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

d) Other qualified beneficiaries through the DAR for a period of ten (10) years:
5. Repurchase - Children or the spouse of the transferor within a period of two (2)
years (Sold to the Government and Land Bank)
6. Collective Title - Option provided that the total area that may be awarded shall not
exceed the total award limit of all beneficiary. Title to the property shall be issued in
the name of the co-owners or the cooperative or collective organization as the case
may be. If the certificates of land ownership award are given to cooperatives then the
names of the beneficiaries must also be listed in the same certificate of land
ownership award.
7. Exemptions and Exclusions. (Section 10, RA No. 6657)
a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves;
private lands used for prawn farms and fishponds; lands used and necessary for
national defense, school sites and campuses, public or private schools for
educational purposes, seeds and seedlings research and pilot production center,
church sites and convents appurtenant, mosque sites and Islamic centers,
communal burial grounds and cemeteries, penal colonies and penal farms
actually worked by the inmates, government and private research and quarantine
centers and all lands with eighteen percent (18%) slope and over, except those
already developed.
II. Jurisdiction, Procedure, Process
A. Patents
1.The power to dispose public lands is under the DENR as provided by
Commonwealth Act No. 141 in relation to Executive Order No. 192.
2. DENR provides for the rules and regulations regarding the disposition of public lands
including the procedures for the processing of public land applications. (Section 5,
PLA; Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102 Phil 706)
3.The Authority to Determine the Conflicting Claims of Applicants and Occupants
(Section 102, PLA)
4. DENR a quasi-judicial tribunal; has exclusive jurisdiction over the disposition of
lands of the public domain in the absence of specific legislation to the contrary. ;
subject to judicial review in case of fraud, imposition or mistake, other than error of
judgment in estimating the value or effect of evidence (see Ortua vs. Encarnacion,
G.R. No. 39919, January 30, 1934; Custodio Mari vs. Secretary of Agriculture and
Natural Resources (G.R. No. L-5622, December 29, 1952; Mauleon vs. Court of
Appeals, G.R. No. L-27762, August 7, 1975)
5. Authority to Sign Patents - General Rule President as Chief Executive; under E.O.
No. 192 (1987) reorganizing and the integration of the different Bureaus under the in
the Regional/Field Office Set-up, the Secretary of the newly organized DENR was
given a general mandate to implement public land laws, with powers to delegate
includes the power to sign patents and to delegate the same to such officers as he
may deem fit. At present, up to 5 hectares (PENRO), more than 5 but not exceeding
10 (RED), in excess of 10 (Secretary)
6. Processes and procedure are governed by administrative orders, circulars and
manuals; but in general:
a) Survey of the Land (Check A and D; Check if Titled; Check other claims); if land
is already surveyed; check survey record DENR
b) Filing of Application (CENRO)
(1) Examination of the Applicant for Personal Qualification to own public land
(Check nationality; check total landholding public grant)
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Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

(2) Examination and Inspection of the Land - Check land allocation record book;
Check use and purpose; agricultural, residential, etc. (land patents)
(3) Prepare Inspection report - Public Land Inspector; approval of Land
Management Officer;
(4) Approval of application - (CENRO Approves application
(a) If FP Patent is prepared at the CENRO for signing of the PENRO
(b) If Homestead - entry permit
i) Final Proof
ii) Re-investigation and preparation of Re-investigation report,
(Cultivation, residency, etc)
iii) Patent is prepared and transmitted to PENRO for approval and
signing
(c) If Sales - appraisal and bidding
i) Payment
ii) Investigation report (Improvements, cultivation, full-payment, etc)
iii) Patent is prepared and transmitted to PENRO for approval and
signing
(5) Approval and signing of Patents
(6) Transmission to the Register of Deeds (See Section 103, PD No. 1529)6
(7) Cases: Ramoso vs. Obligado, et al, 70 Phil. 86)
B. Confirmation/Registration Proceedings
1. Judicial proceedings for the registration of lands throughout the Philippines shall be
in rem and shall be based on the generally accepted principles underlying the
Torrens system.
2. Power LRA
a) See Section 6 of PD 1529
b) Register of Deeds, see Section 10 of PD 1529
3. Ordinary vs. Cadastral Proceedings
a) Ordinary is isolated and voluntary
b) Cadastral is mass and compulsory
4. Procedure is provided under PD No. 1529, voluntary registration (See Section 14 to
30 PD No. 1529); in brief
a) Filing of the application (Regional Trial Court, BP No. 129)
6

Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated,
granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It
shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance in behalf of the
Government to cause such instrument to be filed with the Register of Deeds of the province or city where the
land lies, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be
entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant,
patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or
bind the land but shall operate only as a contract between the Government and the grantee and as evidence of
authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act
to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the
Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the
grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered
land to all intents and purposes under this Decree.
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Atty. Erwin L. Tiamson

b) Order setting the date and hour of the Initial hearing which shall not be
earlier than forty-five days nor later than ninety days from the date of the order.
c) Publication
(1) Publication;
(2) Mailing; and
(3) Posting.
d) Filing of Opposition - Any person claiming an interest may appear and file an
opposition on or before the date of initial hearing or anytime 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; the remedy desired; signed and sworn;
e) Default - If no person appears and answers, upon motion of the applicant the
court may order a default to be recorded and require the applicant to present
evidence. But when an appearance has been entered and an answer filed, a
default order shall be entered against persons who did not appear and answer.
f) Referee/Commisioner - The court may refer the case or any part to a referee;
hearing at any place within the province; submit his report thereon to the court
within fifteen days after the termination of such hearing. Court may adopt the
report or set it aside for further proceedings;
g) Partial Judgement - All conflicting claims of ownership and interest in the land
subject of the application determined by the court but the court may render partial
judgement where only a portion of the land is contested.
h) Judgement - Within ninety (90) days from the date the case is submitted for
decision. 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.
Becomes final upon the expiration of thirty (30) 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.
i) Issuance of Decree - After judgment has become final and executory, the court
issue an order to LRA for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged entitled to
registration.
5. Cadastral Registration Proceedings
a) Survey of the Land
(1) Purpose: For adjudication and settlement of title to any unregistered lands
direct;
(2) Order the Director of Lands to cause a cadastral survey of the lands and the
plans and technical description be prepared.
b) First Notice - Notice to persons claiming any interest in the lands as well as to
the general public of the survey, giving as fully and accurately as possible the
description of the lands
(1) By Publication once in the Official Gazette
(2) Posting in a conspicuous place on the bulletin board of the municipal
building of the municipality in which the lands or any portion thereof is situated.
(3) Notice to the mayor of such municipality as well as to the barangay captain
and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan
concerned.

Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

c) Second Notice - Notice of the date on which the survey of any portion of such
lands by posting in the bulletin board of the municipal building of the municipality
or barrio in which the lands are situated by the GE or DENR.
d) Duty of the G.E.
(1)To enter upon the lands for the purpose of the survey; and
(2)To mark the boundaries of the lands by monuments set up in proper places
thereon.
e) Duty of the claimant/s - communicate with the Geodetic Engineer upon his
request for all information possessed by such person concerning the boundary
lines of any lands to which he claims title or in which he claims any interest.
f) Penalty: Any person who shall wilfully obstruct the making of any survey
undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly
authorized to conduct the survey under this Section, or shall maliciously interfere
with the placing of any monument or remove such monument, or shall destroy or
remove any notice of survey posted on the land pursuant to law, shall be
punished by a fine of not more than one thousand pesos or by imprisonment for
not more than one year, or both.
6. Cadastral Court Proceedings:
a) Petition - After the survey the DENR thorough the Solicitor General shall
institute original registration proceedings by filing a petition in Regional Trial Court
of the place where the land is situated against the holders, claimants, possessors,
or occupants of such lands stating that such titles to the land be settled and
adjudicated.
b) Contents:
(1) A description of the lands and shall be accompanied by a plan; and
(2) May contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right or interest
therein.
(3) Where the land consists of two or more parcels held or occupied by different
persons, the plan shall indicate the boundaries of the parcels
(4) The parcels shall be known as "lots" and shall on the plan filed in the case
be given separate numbers by the Director of Lands, which numbers shall be
known as "cadastral lot numbers".
(5) The lots situated within each municipality shall be numbered consecutively
beginning with number one and only one series of numbers shall be used.
However in cities or townsites, a designation of the landholdings by blocks and
lot numbers may be employed instead of the designation by cadastral lot
numbers.
(6) The cadastral number of a lot shall not be changed after final decision has
been entered decreasing the registration thereof, except by order of court.
Future subdivisions of any lot shall be designated by a letter or letters of the
alphabet added to the cadastral number of the lot to which the respective
subdivisions pertain. The letter with which a subdivision is designated shall be
known as its "cadastral letter": Provided, however, that the subdivisions of
cities or townsites may be designated by blocks and lot numbers.
7. Answer - Any claimant in cadastral proceedings, whether named in the notice or
not, shall appear before the court and shall file an answer on or before the date of
initial hearing or within such further time as may be allowed by the court and shall
state:
a)Marital status;
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Discussion Guide on the Different Titles to Land and Application Processes

Atty. Erwin L. Tiamson

b)Name of the spouse and the date of marriage,

c)Nationality
d)Residence and postal address, and
e)The age
f) The cadastral number of the lot or lots claimed
g)The name of the barrio and municipality in which the lots are situated;
h)The names and addresses of the owners of the adjoining lots so far as known to
the claimant;
i) If the claimant is in possession of the lots claimed and can show no express grant
of the land by the government, the answer shall state the length of time he has
held such possession and the manner in which it has been acquired
j) If the claimant is not in possession or occupation of the land, the answer shall fully
set forth the interest claimed by him and the time and manner of his acquisition;
k)If the lots have been assessed for taxation, their last assessed value; and
l) The encumbrances, if any, affecting the lots and the names of adverse claimants,
as far as known.
8. Hearing - The trial of the case in a place within the province in which the lands are
situated;
a) Orders for default and confessions entered, in the same manner as in ordinary
land registration proceedings and shall be governed by the same rules.
b) All conflicting interests shall be adjudicated by the court and decrees awarded in
favor of the persons entitled to the lands or to parts thereof and such decrees
shall be the basis for issuance of original certificates of title in favor of said
persons
c) Same effect as certificates of title granted on application for registration of land
under ordinary land registration proceedings.

10