S. No. 56 / 43 OG No. 3, 815 (March, 1947)

[ REPUBLIC ACT NO. 96, March 24, 1947 ]

AN ACT TO AMEND SECTIONS THIRTY-ONE AND THIRTY-TWO OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, AND SECTIONS SEVEN AND EIGHT OF ACT NUMBERED TWENTY-TWO HUNDRED AND FIFTY-NINE.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Section thirty-one of Act Numbered Four hundred and ninety-six, commonly known as the Land Registration Law, as amended, is hereby further amended to read as follows:

"SEC. 31. Upon receipt of the order of the court setting the time for initial hearing of the application from the clerk of Court of First Instance, the Chief of the General Land Registration Office shall cause a notice thereof to be published twice, in successive issues of the Official Gazette, in the English language. The notice shall be issued by order of the court, attested by the Chief of the General Land Registration Office, and shall be in form substantially as follows:

"Republic of the Philippines" Court of First Instance, Province of_________________ "Land Registration Case No. ___________G. L. R. O. Record NO. _____________"NOTICE OF INITIAL HEARING "To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known), and to all whom it may concern: "Whereas, an application has been presented to said Court by (name or names, addresses in full) to register and confirm his (or their) title in the following described lands (insert description), you are hereby cited to appear at the Court of First Instance of_____________, at its session to be held at its session to be held at_____________ in said Province   (or city)  of_____________ Philippines, on the_____________day of _____________19_____, at________o'clock in the forenoon, to show cause, if any you have, why the prayer of said aPplication shall not be granted;  and  unless  you  appear  at such Court, at the time and place aforesaid, your default will be recorded and the said application will be taken as confessed and you will be forever barred from contesting said application or any decree entered thereon. "Witness_____________, Judge  of said Court, this_____________day of_____________, in the year 19_____"Issued at Manila, Philippines, this_____________day of___________,19_____ "Attest:_______________________________  "Chief, General Land Registration Office"

SEC. 2. Section thirty-two of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 32. The return of said notice shall not be less than twenty nor more than one hundred twenty days from date of issue. The Chief of the General Land Registration Office shall also, within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice to be mailed to every person named therein whose address is known. The Chief of the General Land Registration Office shall also cause a duly attested copy of the notice to be posted in a conspicuous place on each parcel of land included in the application, and also in a. conspicuous place upon the chief municipal building of the municipality or city in which the land or a portion thereof is situated, by the sheriff of the province or city, as the case may be, or by his deputy, fourteen days at least before the return day thereof, and his return shall be conclusive proof of such service.  If the applicant requests to have the line of a public way determined, the Chief of the General Land Registration Office shall cause ;a copy of said notice to be mailed to the Mayor of the municipality or city, as the case may be, in which the land lies, and to the Provincial Governor.  If the land borders on a river, navigable stream, or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings that the National Government may have ft claim adverse to that of the applicant, notice shall be given in the same manner to the Solicitor General, the Director of Public Works, the Director of Lands, and the Director of Forestry.  The court may also cause other or further notice of the application to be given in such manner and to such person as it may deem proper.  The court shall, so far as it deems it possible, require proof of actual notice to all adjoining owners and to all persons who appear to have interest in or claims to the land included in the application. Notice to such persons by mail shall be by-registered letter if practicable.  The certificate of the Chief of the General Land Registration Office that he has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day, and shall be conclusive proof of such service."

SEC. 3. Section seven of Act Numbered Twenty-two hundred and fifty-nine, commonly known as the Cadastral Law, is hereby amended to read as follows:

"SEC. 7. Upon the receipt of the order of the court setting the time for initial hearing of the petition the Chief of the General Land Registration Office shall cause notice thereof to be published twice, in successive issues of the Official Gazette, in the English language. The notice shall be issued by order of the court, attested by the Chief of the General Land Registration Office, and shall be in form substantially as follows:

"Republic op the Philippines "Court of First Instance, Province of_____________ "Cadastral Case No_____________               "G. L. E. O. Cadastral Record No_____________"NOTICE OF INITIAL HEARING "To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known), and to all whom it may concern: "Whereas, a petition has been presented to said Court by the Director of Lands, praying that the titles to the following described lands or the various parcels thereof be settled and adjudicated (insert description), you are hereby cited to appear at the Court of First Instance to be held at_____________, in the Province of_____________, on the_____________ day of_____________ 19________,at__________ o'clock, to present such claims as you may have to said lands or any portion thereof, and to present evidence, if any you have, in support of such claims. "And unless you appear at said court at the time and place aforesaid your default will be recorded and the titles to the lands will be adjudicated and determined in accordance with the prayer of the petition and upon the evidence before the Court and you will be forever barred from contesting such petition or any decree entered thereon. "Witness_____________, Judge of said court, this_____________day of_____________19______ "Issued at Manila, Philippines, this_____________day of_____________19________   "Attest:  ____________________________________                               Chief of the General Land Registration Office."

SEC. 4. Section eight of the same Act is also hereby amended to read as follows:

"SEC. 8. The return of said notice shall not be less than thirty days nor more than one year from the date of issue. The Chief of the General Land Registration Office shall also, within seven days after the publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice to be mailed to every person named therein whose address is known. Said official shall also cause a duly attested copy of the notice to be posted, in a conspicuous place on the lands included in the petition and also in a conspicuous place upon the chief municipal building of the city, municipality, township or settlement in which the lands or a portion thereof are situated, by the sheriff of the province, or by his deputy, or by such other person as may be designated by the Chief of the General Land Registration Office, fourteen days at least before the return day thereof.  A copy of the notice shall also be sent by registered mail to the Mayor of the city, municipality, township or settlement in which the lands are situated, and to the Provincial Governor.  The court may cause other or further notice of the petition to be given in such manner and to such persons as it may deem proper."

SEC. 5. This Act shall take effect upon its approval. Approved, March 24, 1947.

Source: Supreme Court E-Library