ORDER OF DEFAULT IN LAND

REGISTRATION, WHEN
ENTERED
1. Order of general defaultif no person appears and answers within the time allowed; by
description in the notice to whom it may concern, all the world are made parties defendant and
shall be concluded by the default order
2. Order of special defaultwhen an appearance has been entered and answer filed, default order
shall be entered upon against persons who didn't appear and answer

MOTION TO LIFT ORDER OF

GENERAL DEFAULT
> Remedy available to a person to whom an order of default has been issued against
> An order of default is interlocutory in character, subject to the control of the court, and may be
modified and amended as the court may deem proper at any time prior to the rendition of the final
judgment
> A motion filed prior to rendition of judgment should be decided with liberality since it is presented
promptly and without unnecessary delay

EFFECT OF ORDER OF DEFAULT

> Party declared in default loses his standing in court
> He cannot appear in court, be heard or be entitled to notice

What is the remedy of a defaulted interested person in a proceeding for

ordinary registration?

She can file a Motion to Set Aside the order of default due to fraud, accident,
mistake, excusable neglect AND that she has a meritorious defense
(Section 3, Rule 18, ROC:)

In Director of Lands v. Santiago, the Supreme Court said that the law did not intend that failure of the oppositor to
appear on the date of the initial hearing would be a ground for default despite his having filed an answer. Further, it is
improper, even illegal to declare an oppositor in default simply because he failed to appear at the initial hearing of the
application for registration.

Sebastian had timely filed his opposition. His failure to appear on the date of the initial hearing is not a ground for him
to be declared in default.

Thus, the RTC judge should not have declared him in default.
Are motions to dismiss allowed in land registration cases?
Yes, whether its a motion to dismiss the application or the opposition to such application.

Rule 132 allows the application of the rules of court in suppletory character and whenever practical and convenient.

The SC held that the Land Registration Act does not provide for pleading similar to a motion to
dismiss but the Rules of Court allows its application in land registration proceeding as only
suppletory when it is practicable and convenient. Therefore, the court may sustain a motion to
dismiss in land registration proceeding as the case at bar. Noted by the court in the ordinary civil
case, the counterclaim can be taken as a complaint where the defendant becomes the plaintiff. The

original plaintiff thus becomes defendant in the counterclaim and he may choose to answer the
counterclaim or be declared in default or file a motion to dismiss the same.

BURDEN OF PROOF
The most basic rule in land registration cases is that "no person is entitled to have land registered
under the Cadastral or Torrens system unless he is the owner in fee simple of the same, even
though there is no opposition presented against such registration by third persons. . . . In order that
the petitioner for the registration of his land shag be permitted to have the same registered, and to
have the benefit resulting from the certificate of title, finally, issued, the burden is upon him to show
that he is the real and absolute owner, in fee simple.(REPUBLIC V. LEE)