Application in Ordinary Registration Proceedings

APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS

Who may Apply:

1.   Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim of ownership since June 12, 1945 or earlier

2.    Those who acquired ownership of private land by prescription

3.    Those who acquired ownership of private lands by right of accretion

4.    Those who acquired ownership in any manner provided for by law

Limitation to Ownership of Land by Corporation:

1.    Private lands

a.    At least 60% Filipino to acquire private land

b.    Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created

c.    If engaged in agricultural – restricted to 1,024 ha.

2.    Patrimonial property of state

a.    Lease for 25 years renewable

b.    Limited to 1,000 ha.

c.    Apply to both Filipinos & foreign cos.

Form & Contents of Application

1.    In writing & signed by applicant or person duly authorized

2.    Description of land

3.    Citizenship

4.    Civil status

5.    Full names & address of occupants & adjoining owners

What to Accompany Application:

1.    Tracing cloth plan duly approved by the Director of Lands

2.    3 copies of technical descriptions

3.    3 copies of surveyor’s certificate

4.    All original muniments of title

5.    4 copies of certificate by city/provincial treasurer of assessed value of land

Amendments Allowed & Not Allowed

1.    Substantial change in boundaries or increase in area - new technical description necessary – need new publication & notice

2.    Substitution of name of new owner – file motion with court

3.    Decrease the area – file motion in court

Muniment of Title – instruments or written evidences which applicant hold or posses to enable him to substantiate & prove title to his estate

Transaction Took Place Before Issuance of Decree:

1.    Record instrument in Register of Deeds in same manner as if no application was made

2.    Present instrument to RTC, motion praying that same be considered in relation to the pending application

Transaction Took Place after Issuance of Decree:

·         Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a Transfer Certificate of Title (TCT)