Opposition and Default

 

OPPOSITION AND DEFAULT Section 25.  25. Opposition to application in ordinary proceedings. Any proceedings. Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state all the objections to the application and shall set forth the t he interest claimed by the party filing the same and apply for the remedy desired, and shall be signed and sworn to by him or by some other duly authorized person. If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited on the plan attached to the

ORDER OF GENERAL DEFAULT - covers all persons who did not appear in the initial hearing and who did not file answer/opposition. -  If the party has already filed an answer/opposition he may opt not to appear anymore (of course he should know when the next hearing should be. He will be given notice). -  Those who did not appear or file an answer are covered by the Order of General Default. Person Default.  Person

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. Section 26.  26. Order of default; effect. If effect. 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 applicant to present evidence. evidence. By tthe he description in the notice "To all Whom It May Concern", all the world are made parties defendant and shall be concludedd by the default order. conclude Where an appearance has been entered and an answer filed, a default order shall be entered against persons who did not appear and answer.

covered by the default order has no standing in court so court  so he is not allowed to later on participate or present evidence in court NOTE: With respect to the applicant or the petitioners, the NOTE: With Order of General Default gives him the right to present evidence in the absence of everyone who did not file answer/opposition. -  If there is no oppositor who files an answer/opposition, then everyone is covered by OGD.

QUESTION : So may oppose or file and answer to the QUESTION: application? ANSWER: Any ANSWER:  Any person claiming an interest, whether named in the notice or not

NOTE: If you are the lawyer of applicant, then you may aask sk the court to be allowed present evidence ex-parte, meaning in absence of all other parties and usually reception of evidence be done before the referee re feree of clerk of court

NOTE: Such person may file an answer/opposition. During the NOTE: Such initial hearing it is not required yet that the person who has a claim an interest or right in the property subject matter or land registration case file an opposition or answer. -  It is sufficient that at the date of initial hearing, that the party take part or appear. -  He may inform the court that he has claim or interest and he needs additional time to file an answer or opposition.. opposition -  The court grants the extension of additional time to the person who appeared in the initial hearing.

CONTENT OF ANSWER/OPPOSITION

PURPOSE OF APPEARANCE IN COURT

- 

-  - 

state the grounds for his objection as well as the nature of his claimed interest Relief or remedy being prayed for

TYPES OF RELIEFS 1.  Negative relief  – oppositor ask the court that the registration be dismissed or denied 2.   Affirmative relief – seeks for land subject of registration be registered in the name of the oppositor; claim for registration of the land in the name of the adverse claimant

To seek additional time or extension to file answer/opposition.

QUESTION : If you are the counsel of the petitioner-applicant QUESTION: during the initial hearing after you present evidence/documents evidence/documents to prove compliance of jurisdictional jur isdictional requirements of the case, what is your next action? ANSWER: Make ANSWER:  Make a motion to the court that an Order of General Default be issued.

Q: What about the person who appeared in the initial hearing but did not file an answer or opposition. Is he/she covered in the OGD  A: No. He appeared in the initial hearing and asked for additional time.

 

Q: But supposing after grant of extension and the person still did not file an answer or opposition, what happens?  A: The applicant should should file a motion asking asking the court to Ord Order er Special Default to be issued. The latter is directed against the persons who appeared during initial hearing but did not eventually file answer or opposition.

Q: If a person covered by the OGD, OG D, learns that a land registration case has what beenisfiled he has claim or already interest in the subject property, his and remedy since he is covered by OGD?  A: 1st depends on the stage of proceedings pro ceedings either before or after judgment

(Before judgment) MOTION TO LIFT ORDER OF GENERAL DEFAULT -  Remedy available to a person to whom an order of default has been issued against  against  -   An order of default is interlocutory in character, character, subject to the control of the court, and may be modified and amended as the court may d eem deem proper  at any time prior to the rendition of the final judgment judgment  -   A motion filed prior to rendition of judgment should should be decided with liberality since it is presented promptly and without unnecessary delay  delay   (after judgment) 1.  Relief of judgment under Rule 38 2.   Appeal to CA or SC in the manner as ordinary actions pursuant to Section 33 of PD 1529 3.  Review of Decree, Section 32 4.  Claim under Assurance Fund, Section 95 5.  Reversion under Section 101 of CA 141 6.  Cancellation of title 7.   Annulment of judgment under Rule 37 8.  Quieting of Title 9.   Action for reconveyance reconveyance 10.  Criminal prosecution under the Revised Penal Code

HEARING AND PRESENTATION OF EVIDENCE GOVERNING RULES: -  Provisions of PD 1529 -  By analogy, or suppletory character and whenever practicable, Rules of Court may apply: Rules on Evidence

Reception of evidence will be referred to the referee under Sec. 27 usually the clerk of court, persons authorized by Court to receive evidence Section 27.  27. Speedy hearing; reference to a referee. referee. The trial court shall see to it that all registration-proceedings are disposed or within ninety days from the date the case is submitted for decision, The Court, if it deems necessary, may refer the case or any part thereof to a referee who shall hear the parties and their evidence, and thedays referee submit his report thereon to the Courtbefore within a fifteen aftershall the termination of such hearing. Hearing 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 accorda nce with the report repor t 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 proceedings:  

Q: What Q: What may referee do with the evidence presented received by him?  A: Submit his report report thereon to the Court within within fifteen days after the termination of such hearing

Court may in its discretion either accept the report, or set it aside in whole or in part, or o r order the case to be rrecommitted ecommitted for further proceedings: Court has the option on whether the report made by referee is copied and notified; to totally discard; set aside or recommit or revive the case to the referee or commissioner for reception for additional evidence Q: May Q: May motion of dismiss be filed? A: Yes A: Yes in case of lack of jurisdiction over subject matter NOTE: If land is already registered in the name of the other NOTE: If under Torrens System, court acquires no jurisdiction -  Judgment and proceedings becomes null and void NOTE: Land registration court shall determine right of NOTE: Land ownership of parties or their lack of right; the court may also dismiss the case or petition; Land registration court should have jurisdiction -  Land is non-registrable  – no jurisdiction, title also null and void -  Ex: land is forest or timber land Specific pieces of evidence may be presented in court to prove title or ownership

 

1.  Documentary evidence  – documents such as: tax declarations, technical description 2.  Testimonial evidence – statement of evidence witnesses 3.  Real evidence: pictures Evidence needed to present depends on basis of application for registration

Basis is provided for Sec 14. (1) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (4) Those who have acquired ownership of land in any other manner provided for by law.

Other types of documentary evidence: Tax declaration and tax receipts are not conclusive of ownership, however if presented together with OCENO, they are good indication of possession as an owner -  No one in his right mind would be paying taxes who is not in his actual or constructive possession (SC decision)

Next stage: Court may render judgment  Adjudication or determination determination of question of ownership ownership in favor of one of the claimants Partial judgment may be renderd

- 

Where portion of the land is partly contested and partly uncontested, the court may render judgement as to the uncontested portion provided that a subdivision plan duly approved director of land management t bureau submitted with the technical technical description

Under sec. 29, what is the basis of judgment?

Sources/matters that court considers 1.  Evidence presented by parties 2.  Report of the admininistrator of land registration authority  – his reports are considered LRA he is the center repository of all the records concerning original registration of lands under TS, so he has all the records WON the subject of pending case is already registered orand not.cannot If already registered, court has no  jurisdiction adjudicate ownership. Court Court may dismiss the case Case based on report of administrator 3.  Report of Director of land mgt bureau  – repository of all approved survey plans and tech description. He will know if land encroaches property of another or belongs to another person based on an approved survey plan or land mgt bureau may report that the lands has not yet been classified as alienable and disposable land of public domain Section 29.  29. Judgment confirming title. All title. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor, to the land or portions thereof. Section 30.  30. When judgment becomes final; duty to cause issuance of decree. The decree. The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty days to be counted from the data of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases.

NOTE: After judgment has become final and executory, it shall NOTE: After devolve upon the court to forthwith issue an order in accordance with Section 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration.

- 

Judgment shall be rendered confirming title of the applicant or oppositor to the land or portions thereof. Registration merely confirms title -   Appeal – after expiration of 15 days counted from the receipt of judgment *judgments are always final but not always executory; they may be final and appealable but not executory NOTE: Once judgement has become final and executory, court NOTE: Once may issue an order in accordance to Sec. 9 directing

 

 Administrator of LRA LRA for the issuance of decree of registration registration and corresponding COT in favor of the person adjudged thereto

-   After judgment has become become final and executory, no

- 

need for issuance of writ of execution not a mode of executing Court is required by law to issue order directing admin for LRA for the issuance of decree of registration registration

and corresponding COT Order of the court must be transmitted to the LRA together with copy of the judgment and entry of Judgment  – document which states that the judgment has already become final and executory; the admin will issue the decree of registration, separate document apart from the judgment rendered by the court

FORM OF DECREE OF REGISTRATION Section 31.  31. Decree of registration. Every registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of tenantfarmers, if any, to which the land or owner's estate is subject, as well as any other matters properly to be determined in pursuance of this Decree. The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description "To all whom it may concern". Section 32.  32. Review of decree of registration; Innocent purchaser for value.  The decree of registration shall not be reopened or revised by value. The reason of absence, minority, or other disability of any person adversely affected thereby, nor by any proceeding in any court for reversing judgments, subject, however, to the right of any person, including the government and the branches thereof, deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud, to file in the proper Court of First Instance a petition for reopening and review of the decree of registration not later than one year from and after the date of the entry of such decree of registration, but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein, whose rights may be prejudiced. Whenever the phrase "innocent purchaser for value" or an equivalent phrase occurs in this Decree, it shall be deemed to

include an innocent lessee, mortgagee, or other encumbrancer for value. Upon the expiration of said period of one year, the decree of registration and the certificate of title issued shall become incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other persons responsible for the fraud. Section 33. Appeal 33. Appeal from judgment, etc. The judgment and orders of the court hearing the land registration case are appealable to the Court of Appeals or to the Supreme Court in the same manner as in ordinary actions: Section 34.  34. Rules of procedure. The procedure.  The Rules of Court shall, insofar as not inconsistent with the provision of this Decree, be applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient.