LTD: Application

 

APPLICATION

FORM OF THE APPLICATION FOR REGSITRATION OR JUDICIAL CONFIRMATION

1.       Must be made in writing

2.       Signed by the applicant or person duly authorized in his behalf

3.       Sworn to before an officer authorized to administer an oath for the province or city where the application was actually signed; and

4.       If there is more than 1 applicant, they shall be signed and sworn to by and in behalf of each other

CONTENTS OF THE APPLICATION

(D-CAME-FAR-N)

1.       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

2.       Citizenship and civil status of the applicant

(a)    If married, name of spouse

(b)    If the marriage has been legally dissolved, when and how the marriage relation was terminate

3.       Assessed value of the land and the buildings and other improvements based on the last assessment for taxation purposes

4.       Manner of acquisition of land

5.       Mortgage or Encumbrance affecting the land or names of other persons who may have an interest therein, legal or equitable

6.       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

7.       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

8.       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

9.       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 shall be of the same legal effect as if made upon the applicant within the Philippines (Sec.16, PD 1529)

§  If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application.

THE APPLICATION SHALL BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS

1.       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 THE SAME SHALL BE ATTACHED TO THE DUPLICATE RECORDS AND FORWARDED TO THE LRA

2.       WHITE OR BLUE PRINT copies of the plan

3.       The original and two copies of the TECHNICAL DESCRIPTIONS CERTIFIED by the Regional Technical Director or the official so authorized and NOT MERELY SIGNED by the Geodetic Engineer who prepared the plan

4.       A CERTIFICATE IN TRIPLICATE of the Provincial, City, or Municipal assessor of the assessed value of the land

5.       All ORIGINAL MUNIMENTS OF TITLE OF THE APPLICANT which prove his ownership of the land

v  Under LRA Circular 05-2000, the original tracing cloth plan is no longer forwarded to the LRA; only a certified copy thereof need be forwarded

WHAT ARE MUNIMENTS OF TITLE?

They are instruments or written evidence which the applicant holds/possesses to enable him to substantiate and prove title to his estate.

WHERE SHALL THE APPLICATION BE FILED

If the application covers a single parcel of land situated within:

1.       Only one city or province

§  RTC or MTC, as the case may be, of the province or city where the land is situated.

2.       2 or more provinces or cities

(a)    When  boundaries are not defined

§  in the RTC or MTC of the place where it is declared for taxation purposes

(b)    When boundaries are defined

§  separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC or MTC.

APPLICATION COVERING TWO PARCELS OF LAND

An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application

AMENDMENTS

·         It shall not be permissible to make amendments or alterations in the description of the land after its publication in the newspapers and after the registration of the property has been decreed, without the publication of new notification and advertisements making known to everyone the said alterations and amendments

·         If new survey plans do not conform to the plans earlier presented and affect the rights of third persons, notice shall be given them and an opportunity to present whatever opposition they may have

DEALINGS WITH LAND PENDING ORIGINAL REGISTRATION

·         Land subject of registration is allowed to be dealt with after the filing of the application and before the issuance of decree

·         The land may be sold or otherwise encumbered but whatever may be the nature of the transaction, the interested party should submit to the court the pertinent instruments evidencing the transaction to be considered in the final adjudication of the case

·         In case of transfer of a portion of the land, the corresponding subdivision plan, approved by the Director of Lands, should also be presented. The court shall order:

o   Order the land registered subject to the encumberance or conveyance created by such instruments, or

o   Order the decree of registration be issued in the name of the person to whom the property has been conveyed

·         Section 22 doesn't require the amendment of application, it being sufficient that the court by motion or appropriate pleading, be presented with the instruments evidencing the transaction.