The settlement of no man’s land

Unlike in ordinary land registration, the Philippine government initiates cadastral land registration in that titles to all lands within a stated area shall be adjudicated, whether their inhabitants desire to have titles issued.

Thus, in The Government of the Philippine Islands v. Abural, et al., the Supreme Court held that the purpose of cadastral land registration proceedings is to serve public interests by requiring that the titles to these lands be settled and adjudicated.

Under the Property Registration Decree, surveying these lands is preparatory to initiate cadastral land registration proceedings before the proper court. Before the Director of Lands—now known as the Land Management Bureau (LMB), the geodetic engineers or other designated employees conduct the survey, they shall notify the claimants and the general public of the day on which the survey will begin, and give as fully and accurately as possible the description of the lands to be surveyed.

Meanwhile, upon the geodetic engineer’s request, claimants shall communicate with him all information possessed by them concerning the boundary lines of any lands to which they claim title or any interest thereto.

When the lands have been surveyed or plotted, the LMB shall file the corresponding petition in the Regional Trial Court (RTC) of the place where the concerned land is situated, against the holders, claimants, possessors or occupants thereof. This petition shall: (a) state in substance that public interest requires the settlement and adjudication of the titles to the land; (b) describe the concerned land, which shall be accompanied by the corresponding plan; and (c) contain other data as may serve to furnish full notice to the claimants and occupants of the land.

Where the land consists of two or more parcels held or occupied by different persons, the plan shall indicate the boundaries or limits of the various parcels as accurately as possible.

Thereafter, any claimant, whether named in the previously issued notice, shall appear before the court and file an answer before the date of the initial hearing or within such further time as may be allowed by the court.

The answer shall state: (a) the claimant’s personal details; (b) the cadastral number of the lot/s claimed; (c) the name of the barrio and municipality where the lots are situated; (d) the names and addresses of the owners of the adjoining lots so far as known to the claimant; (e) the length of time and manner by which the lots were acquired, if the claimant possessed them, but could not show an express grant thereof by the government to him or his predecessors-in-interest; (f) the interest fully claimed by him and the time and manner of his acquisition, if he neither possessed nor occupied the lot/s claimed; (g) if the lots were assessed for taxation, their last assessed value; and (h) the encumbrances, if any, affecting the lots and names of the adverse claimants, as far as known.

The RTC shall conduct the trial in this case in the same manner as in ordinary land registration proceedings. After trial would ensue, the RTC shall settle all conflicting interests and award decrees in favor of the persons entitled to the lands or parts thereof. These decrees shall be the bases for issuance of original certificates of title in favor of said persons, and shall have the same effect as certificates of title granted pursuant to ordinary land registration proceedings.

In Nieto v. Quines, the Supreme Court held that the registration of title under the cadastral system is final, conclusive, and indisputable, after the 30-day period for the filing of an appeal therefrom shall have passed without any step having been taken to perfect an appeal. By then, the prevailing party may then seek the execution of the court’s judgment as a right and is entitled to the certificate of title issued by the proper Register of Deeds, unless fraud as defined by the Decree is found to have been present.

Every registered owner receiving title pursuant to the cadastral case, and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted in the same certificate and any of the subsisting liens as defined by the Decree. Likewise, registered land shall be subject to such burdens and incidents as may arise by operation of law.