LTD: Notice of Initial Hearing, Publication, Etc.

 

NOTICE OF INITIAL HEARING, PUBLICATION, ETC.

 

The court shall, within five days from filing of the application, ISSUE AN ORDER SETTING THE DATE AND HOUR OF THE INITIAL HEARING, which SHALL NOT BE EARLIER THAN FORTY-FIVE DAYS NOR LATER THAN NINETY DAYS FROM THE DATE OF THE ORDER.

 

The public shall be given notice of the initial hearing of the application for land registration by means of:

(1)    Publication;

(2)    Mailing; and

(3)    Posting

 

1.       BY PUBLICATION

 

Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided, however, that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court. Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known, and "to all whom it may concern". Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted.

 

·         Publication in a newspaper is necessary to accord with due process requirement.

·         For non-compliance with the requirement of publication, the application may be dismissed, without prejudice to reapplication in the future, after all the legal requisites are complied with.

·         Publication in the Official Gazette does not dispense with the requirement of notice by mailing and posting

·         The purpose of the law in requiring the giving of notice by all three modes is to strengthen the Torrens system through safeguards to prevent anomalous titling of real property

 

TWO-FOLD PURPOSE OF PUBLICATION

1.       To confer jurisdiction upon the court over the res

2.       To apprise the whole world of the pending registration case so that they may assert their rights or interests in the land, if any, and oppose the application, if so minded.

 

EFFECT OF DEFECTIVE OF NON-PUBLICATION

·         In all cases where the authority of the courts to proceed is conferred by a statute and when the manner of obtaining jurisdiction is mandatory and must strictly be complied with, or the proceedings will be utterly void

·         Land registration is a proceeding in rem and jurisdiction in rem cannot be acquired unless there be constructive seizure of the land through publication and service of notice

 

2. BY MAILING

 

TO WHOM SHOULD NOTICE OF INITIAL HEARING BE MAILED TO?

 

(A)   PERSONS NAMED IN THE APPLICATION

§  The Commissioner of Land Registration shall also, WITHIN SEVEN DAYS AFTER PUBLICATION OF SAID NOTICE IN THE OFFICIAL GAZETTE, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is know

§  Mandatory requirement

(B)    TO THE SECRETARY OF PUBLIC HIGHWAYS, THE PROVINCIAL GOVERNOR AND THE MAYOR

§  If the applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies.

(C)    TO THE SECRETARY OF AGRARIAN REFORM, THE SOLICITOR GENERAL, THE DIRECTOR OF LANDS, THE DIRECTOR OF PUBLIC WORKS, THE DIRECTOR OF FOREST DEVELOPMENT, THE DIRECTOR OF MINES AND THE DIRECTOR OF FISHERIES AND AQUATIC RESOURCES

§  If the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake,

§  or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant

 

ROLE OF THE SOLICITOR GENERAL IN LAND REGISTRATION PROCEEDINGS

·         In practice, the Solicitor General is invariably furnished with a copy of the notice of initial hearing. The reason for this is that he is bound to represent the government in all land registration and related proceedings.

·         The OSG shall represent the Government of the Philippines, its agencies, and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of a lawyer

·         The Solicitor General shall institute actions for the reversion to the Government of lands of the public domain and improvements thereon as well as lands held in violation of the Constitution.

 

3.       POSTING

·         Within 14 days before the initial hearing, the LRA administrator shall cause a duly attested copy of the notice to be posted by the sheriff in a conspicuous place on the land applied for and also in a conspicuous place on the bulletin board of the municipality or city in which the land is situated

·         Mandatory requirement

 

v  The requirement of giving notice by all three modes is mandatory

v  The notice of initial hearing shall be signed by the judge and a copy of the notice is mailed by the clerk of court to the LRA

v  The court has the power and duty to set the hearing date

v  The notice of initial hearing is a court document—the party applicant has absolutely no participation

PROOF OF PUBLICATION AND NOTICE