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HEARING; JUDGMENT; DECREE IN CADASTRAL REGISTRATION PROCEEDINGS

Section 38. Hearing, Judgment, Decree. The trial of the case may occur at any convenient place within the province in which the lands are situated and shall be conducted, and orders for default and confessions entered, in the same manner as in ordinary land registration proceedings and shall be governed by the same rules. All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or to parts thereof and such decrees shall be the basis for issuance of original certificates of title in favor of said persons and shall have the same effect as certificates of title granted on application for registration of land under ordinary land registration proceedings.

IN THE ABSENCE OF ANY SUCCESSFUL CLAIMANTS, THE LAND SHALL BE DECLARED PUBLIC LAND

WHAT ARE THE ACTIONS TAKEN IN A CADASTRAL PROCEEDING?

1. Adjudicates ownership in favor of one of the claimants
2. Declaration that the decree is final and its order for the issuance of certificates of title by the LRA
3. LRA: issuance of the registration decree

ONLY UNREGISTERED LANDS MAY BE THE SUBJECT OF A CADASTRAL SURVEY

JURISDICTION OF THE CADASTRAL COURT OVER PREVIOUSLY TITLED LANDS

> Limited to the necessary corrections
> Correct technical descriptions and priority over overlapping titles
> Courts are not aloowed to open again the decree of registration

CADASTRAL ANSWER MAY NOT BE THROWN OUT BY MERE MOTION OF ADVERSE CLAIMANTS

AMENDMENT OF THE PLAN TO INCLUDE ADDITIONAL TERRITORY IS NULL AND VOID UNLESS THERE IS NEW PUBLICATION—similar to voluntary registration proceedings

WHEN DOES TITLE TO LAND IN A CADASTRAL CASE VESTED?

> Upon the promulgation of the order for the issuance of the decree, the land, for all intents and purposes, had become from that time registered property which couldn't be acquired through adverse possession

NEW TITLES MAY BE ISSUED FOR PRIVATE LANDS WITHIN THE CADASTRAL SURVEY A DECISION DECLARING LAND TO BE PUBLIC LAND NOT A BAR TO ANY SUBSEQUENT ACTION FOR CONFIRMATION OF TITLE