CHAPTER VIII on Evidence regalian doctrine- all lands not otherwise appearing to be clearly within private ownership are

presumed to belong to the state - Article VII Sec.2 applicant- overcome presumption- land is public land- declassified required no. of years of possession/ muniments of title or whatever evidence public, agricultural land: alienable and disposable prove identity of land

Specific Evidences 1- Proofs- declassified a. Presidential Proclamation b. Executive Order c. Administrative Order d. BFD Land Classification Act e. Certification- Director of Forestry f. Investigation reports of Bureau of Lands- nature and character of lands g. Legislative act or statute- ceding prop. 2. Proofs not sufficient a. survey plan b. conversion of land into fishpond and titling of properties c. fact- area- higly developed d. pasture lease permits e. public grazing land f. cert.- director of forestry- forest land 3. Proofs on Identity of Land 1. survey plan 2. tracing cloth and blue print copies of plan 3. technical description of the land- approved by geodetic engineer 4. tax declarations 5. boundaries and area 4. Proofs of Private Ownership 1. Spanish titles 2. tax declarations and realty tax payments- not conclusive evidence of ownership - proof that holder- claim of title over the property - indicia of possession - strong evidence of ownership- proof of actual possession of Property - evidence of ownership- prescription accompanied by possession/ other effective proof 3. Presidential issuances/legislative acts 4. other kinds a. testimonial- accretion- river b. deed of sale POSSESSION AS A MODE OF ACQUIRING OWNERSHIP 1. OCEAN- requisite period- right to a grant 2. Start of requisite period- requires property- alienable- time of application 3. tacking of possession to predecessor- privity between the successive possessors insufficient proof of possession 1. mere casual cultivation of portions of land 2. t.d. under name of parents- dead

3. acts of possessory character- no matter how long- do not start period of prescription- no matter how long 4. possession- filed- sales application 5. applicant- tacked possession- predecessor- did not testify 6. tenant- did not testify 7. failure of fiscal- present state- cross-examination 8. possession of other persons 9. declaring uncultivated land- taxation/ visiting once in a while DECREE OF REGISTRATION AND CERTIFICATE OF TITLE - signed- administrator- LRA - after one year- incontrovertible CERTIFICATE OF TITLE - original certificate of title- true copy of decree of registration - transcription of the decree CHAPTER VIII Hearing, Judgments and Post-judgment incidents in ordinary land reg. 1. Speedy hearing- referred to a referee will submit report- 15 days after termination of hearing - court may accept report or set it aside - order of trial- same as ordinary civil action - 90 days disposal 2. Res Judicata- applies to land reg. and cadastral proc. Elements: (final j., merits, court-j, identity) a. former judgment must be final b. rendered by court having jurisdiction c. judgment on the merits d. between first and second action- identity of parties, subject matter and cause of action 1. decision in a cadastral proc. declaring lot- public- not final decree- invokes- sec 48 (b) Public Land Act 2. decision in cadastral proc.- can be subject of res judicata 3. final judgment- ordinary action- res judicata in land reg. cases 3. Judgment A. only claimed property or portion- adjudged B. Public Land Patents- court cannot simply invalidate them- separate adjudication C. Reports of the Administrator of Land Registration Authority And Director of Land Management- must be presented- not beyond lapse of one year from the entry of the decree D. In whose name made a. applicant b.oppositor c. buyer- can be dealt with- disposed or encumbered - does not require substitution Requirements: (instrument and notice) a. instrument be presented to the court by the interested party together with a motion- same be considered in relation with the application (notice not required that it be in writing)

b. prior notice be given to the parties to the case 4. Finality of Judgment and Order to Issue Decree -finality- 15 days- receipt of notice of the judgment - appeal may be taken - after finality- court will issue and order (sec.39) Commissioner for issuance of the decree of registration and the corresponding certificate of title - no execution pending appeal A. Receipt of judgment by Solgen, not by fiscal binds the government B. Court retains control of the case- expiration of 1 yr. after entry of decree of registration by the Land Registration Authority 1. court may set aside decision- and adjudicate to another party C. Court issue order to Administrator- issue- decree of registration and certificate of title COC- send within fifteen days from entry of judgment, certified copies of the judgment and the order, certificate- decision- amended, reconsidered nor appealed and has become final

no limit time to issue order or issue a decree- judgment is declaratory in characternot need to be asserted or enforced- ministerial duty 5.Remedies where records are lost or destroyed - lost and not reconstituted- parties waived effects of the decision - file action anew - records up to certain portion- are not reconstituted- go back to the next preceding stage where records are available - burden- parties- alleged rights 6. Post-judgment incidents A. Writ of Possession- will lie against the persons holding the land during the proceedings and until the decree of registration is issued B. Writ of Demolition- complement of writ of possession