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NICOLE STEPHANIE WEE | 201589812

1. DOCUMENTS INCLUDED IN PETITION

a. The application for land registration shall be in writing, signed by the application or
the person duly authorized in his behalf, and sworn to before any officer authorized
to administer oaths for the province or city where the application was actually
signed.
a. If there is more than one applicant, the application shall be signed and sworn
to by and in behalf of each.
b. The application shall contain a description of the land and shall state the
citizenship and civil status of the applicant, whether single or married, and, if
married, the name of the wife or husband, and, if the marriage has been
legally dissolved, when and how the marriage relation terminated.
c. 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.
b. 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
which shall be attached to the duplicate records and forwarded to the Land
Registration Authority
c. Two white or blue print copies of the plan
d. Original and two copies of the technical descriptions certified by the Regional
Technical Director or any authorized official
e. 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
f. Certificate in triplicate of the provincial, city or municipal assessor of the assessed
value of the land
g. All original muniments of title in the possession of the applicant which prove his
rights, to the title he prays for or to the land he claims
h. Certificate in quadruplicate of the city or provincial treasurer of the assessed value
of the land, at its last assessment for taxation, or, in the absence thereof, that of the
next preceding year. However, in case the land has not been assessed, the
application may be accompanied with an affidavit in quadruplicate of the fair
market value of the land, signed by three disinterested persons.

2. WHEN TO FILE IN MTC; WHERE TO APPEAL

Generally, the application for registration by the applicant should be at the RTC of the
province, city or municipality where the property is situated (PD 1529, Sec 17).
As an exception, the MTC, MeTC and MCTC may take cognizance of land and cadastral
registration cases by virtue of their delegated jurisdiction when:
a) There is no controversy over the land, or
b) Its value is less than P100,000 [Sec. 34, BP 129]
Where to appeal: Appeal from an adverse judgment in the registration proceedings should
be filed within 30 days from receipt of judgment or final order appealed from to the Court
of Appeals or to the Supreme Court in the same manner as ordinary actions (PD 1529, Sec
33)

3. RES JUDICATA (EFFECT OF DISMISSAL)

In ordinary registration, if the applicant fails to prove his title, application may be
dismissed without prejudice. If the judgment determines ownership, then it is res judicata
upon the parties.

In cadastral registration, if the applicant cannot prove that he is entitled to the land, the
land becomes public land. The cadastral case decision does not constitute res judicata as to
bar even the same claimant from subsequently filing an application for judicial
confirmation of title to the same land, provided the requisites are complied with (Director
of Lands v. CA and Pastor).

4. WHAT IS IN THE DECREE

The issuance of a decree or order by the court declaring the decision final and instructing the Land
Registration Authority (LRA) to issue a Decree of Confirmation and Registration

The following are in the decree:

1. Year, hour, and minute of its entry


2. Signed by the Administrator of the Land Registration Authority in his ex officio capacity
as Clerk of Court in land registration matters
3. State whether the owner is:
a. Married or unmarried,
-if married, the name of the husband or wife
-if the land adjudicated is conjugal property, it shall be issued in the names of
both spouses.
b. If the owner is under disability, it shall state the nature of the disability
c. If the owner is a minor, his age
4. Description of the land as finally determined by the court,
5. Estate of the owner, and also, in such manner as to show their relative priority,
6.all particular estates, mortgages, easements, liens, attachments and other encumbrances,
including rights of tenant farmer, if any, to which the land or owner’s estate is subject,
7. Any other matter properly to be determined