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1. Those intended for public use, such as roads, canals, rivers, torrent,
ports and bridges constructed by the State, banks, shores, roadsteads,
and others of similar character;
2. Those which belong to the State, without being for public use, and
are intended for some public service or for the development of the
national wealth.”
It has been held that such properties of the public dominion are held
by the State by Regalian Right. They are things res publicae in nature,
incapable of private appropriation, as held in Republic vs. Alagad, 169
SCRA 466, 461 (1989). Accordingly, the 1987 Constitution provides that
“with the exception of agricultural lands, all other natural resources shall not
be alienated”, Art. XI, Sec. 2.
Art. 502 of the Civil Code, deals with the special properties, like
waters, likewise enumerated the following to be of public dominion, to wit:
4. Lakes and lagoons formed by Nature on public lands and their beds;
5. Rain water running through ravines or sand beds, which are also of
public dominion;
- Public plaza;
- Municipal street;
- Public buildings;
a. Alienable or disposable;
b. Timber; and
c. Mineral lands;
and may at any time and in a like manner transfer such lands
from one class to another, for the purpose of their
administration and disposition.”
2. Mangrove swamps
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3. Mineral lands
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3. The Banks.
6. Lakes
7. Military Reservations
9. Watershed
“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 known, and “to
all whom it may concern.” Said notice shall also require all persons
concerned to appear in court at certain date and time to show
cause why the prayer of said application shall not be granted.”
“That such proviso was never meant to dispense with the other
modes of giving notice, which remain mandatory and jurisdictional,
is obvious from Section 23 itself. If the intention of the law were
otherwise, said section would not have stressed in detail the
requirements of mailing of notice to all persons named in the
petition who, per Section 15 of the Decree, include owners of
adjoining properties, and occupants of the land.”
In Director of Lands vs. CA, 276 SCRA, 285 (1997), it was
also held that publication of the notice of initial hearing in a
newspaper of general circulation is mandatory and imperative.
Absent such publication, the land registration court cannot validly
confirm the title of the applicant for registration.
Notice by posting
“If the opposition or the adverse claim of any person covers only
a portion of the lot and said application, or in case of undivided co-
ownership, conflicting claims of ownership or possession, or
overlapping of boundaries, the court may require the parties to submit
a subdivision plan duly approved by the Director of Lands.”
Default
“If no person appears and answers within the time allowed, the
court shall, upon motion of the applicant, no reason to the contrary
appearing, order a default to be recorded and require the application
to present evidence. By the description in the notice “To Whom It May
Concern”, all the world are made parties defendant and shall be
concluded by the default order.
EVIDENCE
Burden of applicant
The basic rule then is that the applicant must stand on the strength of
his own evidence. He must submit the evidence to the court although no one
appears to oppose his title and to oppose the registration of the land. He
should not also rely on the absence or weakness of the evidence of the
oppositors, Larangan vs. CA, supra.
Specific evidences
1. Proofs that land has been declassified from the forest zone, is
alienable or disposable, and is registrable:
o Executive Oder;
o Survey plan
“Shall hear the parties and their evidence, and the referee shall
submit his report thereon to the court within fifteen days after the
termination of such hearing. Hearing before a referee may be held at any
convenient place within the province or city as may be fixed by him and after
reasonable notice thereof shall have been served the parties concerned. The
court may render judgment in accordance with the report as though the facts
have been found by the judge himself: Provided, however, that the court
may in its discretion accept the report, or set it aside in whole or in part, or
order the case to be recommitted for further proceeding.”
The order of trial is similar to that in ordinary civil action (rule 30,
Rules of Court). The applicant must first produce his testimonial and
documentary evidence, subject to cross-examination by the oppositor, and
then formally offer said evidence. The oppositor would then also produce his
evidence, subject to cross-examination by the applicant, and formally offer
said evidence.
In Valisno vs. Plan, 143 SCRA 4502 (1986) and Duran vs. Oliva,
3 SCRA 154 (1961), an oppositor may file a motion to dismiss the
application, when the court lacks jurisdiction over the res as the land applied
for registration had been previously registered in the name of another. The
principle of re judicata may also bar the proceedings.
But in another case, Rep. vs. Vera, 120 SCRA 210 (1983), the
Supreme Court also ruled that a decision in a cadastral proceedings
declaring the land involved public land, which decision become final
and conclusive, bars a re-litigation of ownership over the same
property under the doctrine of res judicata. The Regional Trial Court
would thus be without jurisdiction over such land in a subsequent
voluntary under Act 496 (now under PD No. 1529). This ruling is,
however, subject to the qualification that in filing his application for
voluntary registration of land, the applicant does not invoke the
benefits under Section 48(b) of the Public Land Act.