1. Decree of Registration

General vs. Special Default

• Hearing of the case by the court
• Promulgation of judgment by the court
• Issuance of the order of Finality of judgment and order instructing the LRA to issue a decree of confirmation and registration and OCT.

Note: The issuance of the decree of registration is not done by the court. What the court issues is the order of finality of judgment and the order to the LRA to issue the decree. It is the LRA which issues the decree as well as the original and owner’s duplicate of the OCT.

The Clerk of Court shall:

• Prepare and submit to the Judge for his signature, as soon as the Decision has become final, the corresponding order for the issuance of the decree for all lots covered by the decision from which no appeal has been interposed or on which no motion for new trial or reconsideration has been filed;
• Transmit immediately two certified copies of all decisions, orders, resolution, minutes, writs, notifications, and other processes after their issuance by the Court to the LRA through registered mail with covering letter; (Administrative Circular No. 7-96)
• Entry of the decree of registration in the LRA. One year after the date of entry of the decree, it generally becomes incontrovertible and is no longer subject to a petition for review on the ground of fraud, without prejudice to remedies and corrections allowed by law. (P.D. 1529, Secs. 32 and 108) It is deemed conclusive as to the whole world.
• Sending of the original and owner’s duplicate OCT to the ROD of the city or province where the property is situated for entry in his registration book.
• Entry of OCT by the ROD in the Electronic Primary Entry Book for Registered Land and delivery of owner’s duplicate OCT to the applicant upon payment of the prescribed fees.

A proceeding in rem

In land registration proceedings, being in rem, there is no need to personally notify the owners or claimants of the land sought to be registered to vest the courts with power and authority over the res. (Guido-Enriquez v. Victorino, et al., G.R. No. 180427, September 30, 2013)

Contents of Application (MADFARCE)

• Manner of acquisition of land
• Assessed value of the land and the buildings and other improvements based on the last assessment for taxation purposes.
• Description of the land applied for together with the buildings and improvements; the plan approved by Director of Lands and the technical descriptions must be attached
• The court may require Facts to be stated in the application in addition to those prescribed by the Decree not inconsistent therewith and may require the filing of additional papers
• Full names and addresses of All occupants of the land and those of the Adjoining owners, if known; and if not known, the applicant shall state the extent of the search made to find them
• If the application describes the land as bounded by a public or private way or Road, it shall state whether or not the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (P.D. 1529, § 20.)
• Citizenship and Civil status of the applicant
• if married, name of spouse, and
• if the marriage has been legally dissolved, when and how the marriage relation was terminated
• Mortgage or Encumbrance affecting the land or names of other persons who may have an interest therein, legal or equitable (P.D. 1529, § 15 & C.A. 141, § 50.)

Note: If the applicant is a non-resident of the Philippines, he shall file an instrument appointing an agent residing in the Philippines and shall agree that service of any legal process in the proceeding made upon his agent shall be of the same legal effect as if made upon the applicant within the Philippines. (P.D. 1529, § 16.)

Speedy hearing

The trial court is required to dispose of the case within 90 days from the date of submission thereof for decision. (P.D. 1529, § 27)

Note: 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 15 days after the termination of such hearing. The court may render judgment in accordance with the report as though the facts have been found by the judge himself. (P.D. 1529, § 27)

A judgment is a decision of the court constituting its opinion after taking into consideration the evidence submitted.

Judgment rendered in a land registration proceeding becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment. (P.D. 1529, § 30 as modified by B.P. 129, § 39.)

The judgment of the court in the land registration case becomes final insofar as the State is concerned 15 days from receipt by the OSG (not merely by the local designated prosecutor) of the copy of the decision, without there being an appeal or motion for reconsideration by any of the parties. (Republic v. Sayo, G.R. No. L-60413, Oct. 31, 1990.)

However, notwithstanding the lapse of the 15-day period from receipt of judgment by the parties, the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the LRA. (Republic v. Assosacion Benevola de Cebu, G.R. No.77243, Oct. 26, 1989.)

In special proceedings, the purpose of execution of judgment is to establish a status, condition or fact; in land registration proceedings, the ownership by a person of a parcel of land is sought to be established. After the ownership has been proved and confirmed by judicial declaration, no further proceeding to enforce said ownership is necessary, except when the adverse or losing party had been in possession of the land and the winning party desires to oust him therefrom. (Ronald Ting v. Liro, G.R. No. 168913, Mar. 14, 2007.)

Partial judgment In a case where only a portion of the land subject of registration is contested, the court may render partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court. (P.D. 1529, § 28.)

Writ of Possession: employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment; no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying the land at anytime up to and until the issuance of the decree of registration.

The fundamental rule is that a writ of possession can be issued not only against the original oppositors in a land registration case and their representatives and successors-in-interest, but also against any person unlawfully and adversely occupying said lot at any time before and up to the issuance of the final decree. (Heirs of Cristobal Marcos vs. De Banubar, 25 SCRA 316 [1968])

When writ of possession may not issue

When a person takes possession of a land after the issuance of the final decree, and none of them had been a party in the registration proceedings, the writ of possession will not issue. Such person cannot be summarily ousted through a writ of possession secured by a mere motion, and that regardless of any title or lack of title of said persons to hold possession of land in question, they cannot be ousted without giving them their day in court in proper independent proceedings. (Heirs of Cristobal Marcos vs. De Banubar, 25 SCRA 316 [1968])

Writ of Demolition: the complement of writ of possession; to demolish improvements introduced by the defeated oppositor or his successor-in-interest.

Decree of Registration (P.D. 1529, § 31.)

• The decree issued by the LRA pursuant to the order of the court
• Binds the land and quiets title thereto, subject only to such exceptions or liens as may be provided by law
• Conclusive upon and against all persons including the national government and all branches thereof, whether or not mentioned by name in the application or notice

Contents of the Decree (DMD-DO) (P.D. 1529, § 31.)

• Date, hour and minute of its entry
• Whether the owner is Married or unmarried, and if married, the name of the spouse; provided that if the land is conjugal property, the decree shall be issued in the name of both spouses
• If the owner is under Disability, the nature of such disability, and if a minor, his age
• Description of the land and shall set forth the estate of the owner, and also show their relative easements, liens, attachments, and other encumbrances
• Other matters to be determined in pursuance of the law

Process of Issuing the OCT (P.D. 1529, § 39-42.)

• After the judgment becomes final and executory, the court shall forthwith order the issuance of the decree of registration and certificate of title; under Section 39 of P.D. 1529, the court shall issue the order within 15 days from entry of judgment.
• Clerk of court will send order of court and copies of judgment
• Writ of Demolition may be issued. The court has authority to order, as a consequence of the writ of possession issued by it, the demolition of improvements introduced by the defeated oppositor or his successor-in-interest
• Administrator will issue a decree of registration and original and duplicate of OCT that is signed by him, enter, and file decree of registration in LRA
• Send to ROD the original and duplicate of title and certificate for entry in his registration book.
• Enter in record book, dated, signed, numbered and sealed to take effect upon date of entry
• ROD to send notice to registered owner that his owner’s duplicate is ready for delivery after payment of fees
• ROD shall send duplicate and note on each certificate of title to whom it is issued
• Original copy to be filed in ROD
• Bound in consecutive order