LTD: Opposition to Application

OPPOSITION TO APPLICATION

WHO MAY BE AN OPPOSITOR TO THE APPLICATION FOR REGISTRATION?

Any person whether named in the notice or not, provided, his claim of interest in the property applied for is based on a right of dominion or some other real right independent of, and not subordinate to, the rights of the government.

REQUISITES FOR OPPOSING APPLICATION

1.       The oppositor must have an interest in the land applied for

2.       He should state the grounds for his objection as well as the nature of his claimed interest

3.       The relief being prayed for

4.       Signed and sworn to by him or by some other duly authorized person

v  The opposition partakes of the nature of an answer with a counterclaim.

PERSON WHO MAY FILE OPPOSTION

1.       A homesteader who hasn't been issued his title but has fulfilled all the conditions required by law for the issuance of the patent

2.       A purchaser of friar land who is deemed to have an equitable title to the land even before the issuance of the patent

3.       An awardee in a sales application who, by virtue of the award, is authorized to take possession of the land to enable him to comply with requirements for the issuance of the paten

4.       A person claiming to be in possession of the land and has applied with the LMB for its purchase.

OPPOSITION BY THE GOVERNMENT

·         Private persons may not file opposition for the government on the ground that the land belongs to the government.

·         Pursuant to the Regalian doctrine, all lands of the public domain and all other natural resources are owned by the State, hence, it is the burden of the applicant to overthrow the presumption that the land is public land by well nigh inconvertible proof and that he is entitled to registration under the law

·         Absence of opposition by the government doesn't justify outright registration. Even in the absence of an adverse claim, the applicant still has to prove that he possesses all the qualifications and none of the disqualifications to obtain the title. If he fails to do so, his application will not be granted

·         The failure of the Director of Lands in representation of the government, to oppose the application for registration for which he was declared in default will not justify the court in adjudicating the land applied for as private property

·         The Court may, even in the absence of any opposition, deny the registration of the land under the Torrens system, upon the ground that the facts presented did not show that the petitioner is the owner, in fee simple, of the land, which he is attempting to have registered

·         Government may appeal despite failure of agency to file opposition. It is not estopped by the mistake or error of its officials or agents

·         The Government cannot be declared in default

EFFECT OF FAILING TO OPPOSE

·         All the allegations contained in the application shall be held as confessed by reason of the absence of denial on the part of the opponent

·         The person who has not challenged cannot allege damage or error against the judgment ordering the registration inasmuch as he didn't allege or pretend to have right over the land

·         a claimant having failed to present his answer or objection to the registration of a parcel of land under the Torrens system or to question the validity of such registration within a period of one year after the certificate of title had been issued, is deemed to have forever lost his right in said land even granting that he had any right therein.