Cadastral System

8/12/2019 Cadastral System

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B. CADASTRAL SYSTEM

a. Section 36 37 PD 1529

B. PETITION; LOT NUMBERS

Section 36.Petition for registration.When the lands have been surveyed or plotted,the Director of Lands, represented by the Solicitor General, shall institute originalregistration proceedings by filing the necessary petition in the Court of First Instance ofthe place where the land is situated against the holders, claimants, possessors, oroccupants of such lands or any part thereof, stating in substance that public interestreuires that the title to such lands be settled and ad!udicated and praying that suchtitles be so settled and ad!udicated"

#he petition shall contain a description of the lands and shall be accompanied by a planthereof, and may contain such other data as may serve to furnish full notice to theoccupants of the lands and to all persons who may claim any right or interest therein$

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 aspossible$ #he parcels shall be %nown as &lots& and shall on the plan filed in the case begiven separate numbers by the Director of Lands, which numbers shall be %nown as&cadastral lot numbers&$ #he lots situated within each municipality shall, as far aspracticable, be numbered consecutively beginning with number &one&, and only oneseries of numbers shall be used for that purpose in each municipality$ 'owever in citiesor townsites, a designation of the landholdings by bloc%s and lot numbers may beemployed instead of the designation by cadastral lot numbers$

#he cadastral number of a lot shall not be changed after final decision has been entereddecreasing the registration thereof, e(cept by order of court$ Future subdivisions of anylot shall be designated by a letter or letters of the alphabet added to the cadastralnumber of the lot to which the respective subdivisions pertain$ #he letter with which asubdivision is designated shall be %nown as its &cadastral letter&" )rovided, however,that the subdivisions of cities or townsites may be designated by bloc%s and lot numbers$

C. ANSWER

Section 37.Answer to petition in cadastral proceedings.*ny claimant in cadastral

proceedings, whether named in the notice or not, shall appear before the court byhimself or by some other authori+ed person in his behalf, and shall file an answer on orbefore the date of initial hearing or within such further time as may be allowed by thecourt$ #he answer shall be signed and sworn to by the claimant or by some otherauthori+ed person in his behalf, and shall state whether the claimant is married orunmarried, and if married, the name of the spouse and the date of marriage, hisnationality, residence and postal address, and shall also contain"


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a- #he age of the claimant.

b- #he cadastral number of the lot or lots claimed, as appearing on the plan filedin the case by the Director of Lands, or the bloc% and lot numbers, as the casemay be.

c- #he name of the barrio and municipality in which the lots are situated.

d- #he names and addresses of the owners of the ad!oining lots so far as %nownto the claimant.

e- If the claimant is in possession of the lots claimed and can show no e(pressgrant of the land by the government to him or to his predecessors/in/interest, theanswer shall state the length of time he has held such possession and the mannerin which it has been acuired, and shall also state the length of time, as far as%nown, during which the predecessors, if any, held possession.

f- If the claimant is not in possession or occupation of the land, the answer shallfully set forth the interest claimed by him and the time and manner of hisacuisition.

g- if the lots have been assessed for ta(ation, their last assessed value. and

h- #he encumbrances, if any, affecting the lots and the names of adverseclaimants, as far as %nown$

b. Pamintuan v. San Agustin, 43 Phil 55c. !ongco v. "ian#on, 5$ Phil 1$$9%. Domingo v. Santos, 55 Phil 361e. &ove'nment o( the Phili))ine *slan%s v. A'ias, 36 Phil 57

(. !imbol v. Dia#, 44 Phil 57g. !ane%o v. +u%ge, 44 Phil 179

VIII. OTHER PETITIONS TRANSACTIONS A!TER ORI"INALRE"ISTRATION

a. econstitution o( -e'ti(icate o( !itle, Section 11$ P'o)e'tegist'ation Dec'ee

Section ##$.Reconstitution of lost or destroyed original of Torrenstitle.0riginal copies of certificates of title lost or destroyed in the offices of 1egister ofDeeds as well as liens and encumbrances affecting the lands covered by such titles shall

be reconstituted !udicially in accordance with the procedure prescribed in 1epublic *ct2o$ 34 insofar as not inconsistent with this Decree$ #he procedure relative to


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administrative reconstitution of lost or destroyed certificate prescribed in said *ct ishereby abrogated$

2otice of all hearings of the petition for !udicial reconstitution shall be given to the1egister of Deeds of the place where the land is situated and to the Commissioner ofLand 1egistration$ 2o order or !udgment ordering the reconstitution of a certificate of

title shall become final until the lapse of thirty days from receipt by the 1egister ofDeeds and by the Commissioner of Land 1egistration of a notice of such order or

!udgment without any appeal having been filed by any of such officials$

b. Amen%ment / Alte'ation o( -e'ti(icate o( !itle, Section 1$,P'o)e't egist'ation Dec'ee

Section #$%.Amendment and alteration of certificates.2o erasure,alteration, or amendment shall be made upon the registration boo% after theentry of a certificate of title or of a memorandum thereon and the attestation of

the same be 1egister of Deeds, e(cept by order of the proper Court of FirstInstance$ * registered owner of other person having an interest in registeredproperty, or, in proper cases, the 1egister of Deeds with the approval of theCommissioner of Land 1egistration, may apply by petition to the court uponthe ground that the registered interests of any description, whether vested,contingent, e(pectant or inchoate appearing on the certificate, have terminatedand ceased. or that new interest not appearing upon the certificate have arisenor been created. or that an omission or error was made in entering a certificateor any memorandum thereon, or, on any duplicate certificate. or that the sameor any person on the certificate has been changed. or that the registered ownerhas married, or, if registered as married, that the marriage has been terminated

and no right or interests of heirs or creditors will thereby be affected. or that acorporation which owned registered land and has been dissolved has notconvened the same within three years after its dissolution. or upon any otherreasonable ground. and the court may hear and determine the petition afternotice to all parties in interest, and may order the entry or cancellation of a newcertificate, the entry or cancellation of a memorandum upon a certificate, orgrant any other relief upon such terms and conditions, reuiring security orbond if necessary, as it may consider proper. )rovided, however, #hat thissection shall not be construed to give the court authority to reopen the!udgment or decree of registration, and that nothing shall be done or ordered bythe court which shall impair the title or other interest of a purchaser holding acertificate for value and in good faith, or his heirs and assigns, without his ortheir written consent$ Where the owner5s duplicate certificate is not presented,a similar petition may be filed as provided in the preceding section$

*ll petitions or motions filed under this Section as well as under any otherprovision of this Decree after original registration shall be filed and entitled inthe original case in which the decree or registration was entered$


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c. Su''en%e' o( 0ithhel%, Section 1$7, P'o)e't egist'ation Dec'ee

Section #$7.Surrender of withhold duplicate certificates.Where it isnecessary to issue a new certificate of title pursuant to any involuntaryinstrument which divests the title of the registered owner against his consent or

where a voluntary instrument cannot be registered by reason of the refusal orfailure of the holder to surrender the owner5s duplicate certificate of title, theparty in interest may file a petition in court to compel surrender of the same tothe 1egister of Deeds$ #he court, after hearing, may order the registered owneror any person withholding the duplicate certificate to surrender the same, anddirect the entry of a new certificate or memorandum upon such surrender$ Ifthe person withholding the duplicate certificate is not amenable to the processof the court, or if not any reason the outstanding owner5s duplicate certificatecannot be delivered, the court may order the annulment of the same as well asthe issuance of a new certificate of title in lieu thereof$ Such new certificate andall duplicates thereof shall contain a memorandum of the annulment of theoutstanding duplicate.

%. e)lacement o( ost Du)licate -e'ti(icate o( !itle, Section 1$9,P'o)e't egist'ation Dec'ee

Section #$&.Notice and replacement of lost duplicate certificate.In caseof loss or theft of an owner5s duplicate certificate of title, due notice under oathshall be sent by the owner or by someone in his behalf to the 1egister of Deedsof the province or city where the land lies as soon as the loss or theft isdiscovered$ If a duplicate certificate is lost or destroyed, or cannot be producedby a person applying for the entry of a new certificate to him or for the

registration of any instrument, a sworn statement of the fact of such loss ordestruction may be filed by the registered owner or other person in interest andregistered$

6pon the petition of the registered owner or other person in interest, the courtmay, after notice and due hearing, direct the issuance of a new duplicatecertificate, which shall contain a memorandum of the fact that it is issued inplace of the lost duplicate certificate, but shall in all respects be entitled to li%efaith and credit as the original duplicate, and shall thereafter be regarded assuch for all purposes of this decree$

Documents

Cadastral System