The memorandum provides guidance to the Regional Executive Director of DENR Region X regarding public land applications covering lots that have undergone cadastral or judicial proceedings but were not issued decrees. It states that if no decree was issued in the cadastral/judicial case, the lot should be considered public land and the application may be approved. However, if a decision was rendered but no decree was issued, the Regional Office must pursue the judicial reconstitution of titles. The memorandum also advises checking if the area is within any protected area or subject to any existing disposition before approving the application.
2. • Please reconcile the lot preparation with the tabulated technical
description;
• For submission of affidavit of splitting;
• Indicate in the heading the survey number of the subdivided lot;
• Submit certified copy of plan (LRA) Psd-E2017006520; and
• Indicate land use on plan and submit copy of tax declaration.
3. • Please recompute boundary and resultant lots using
the true coordinates of BLLM No. 48, Cad 201
which should be N=11,683.58 E=13,764.91.
Moreover, your subject lot is a portion of Lot 8888,
Cad 201 (see attached print copy of lot data
computation from the records section). The previous
Geodetic Engineer used assumed coordinates on
BLLM No. 48, Cad 201. Therefore, from Lot 8888 up
to your subject lot please recompute and use the
true coordinates of BLLM No. 48, Cad 201.
4. • Evaluation of the submitted plan and adjoining titles showed
an overlapping. Hence, a verification survey is necessary to
correct the discrepancy.
• It appears from the certification from the Land Registration
Authority that Lot 14685 of Cad 47 was subject of Cadastral
Case No. 10, (LRC) Cad. Record No. 335 but no issued
decree. However, a decision was rendered thereon, here
forth approval of the plan is not yet recommended, but
pursue with the judicial reconstitution.
5. • Please provide computation of common point;
• Submit setting computation;
• Indicate on plan the relocated corners in dotted line;
• Refer to section 643 of DAO-98-12 (Manual for Land Surveys in the
Philippines).
• It appears in the records on file that the claimant for Lot 14685 is Mariano
Mendez. Please submit series of conveyances from the said claimant to
present claimants; and
6. • For payment of verification fee in the amount of P67.00.
• Please submit copy of title for the adjoining lots. It appears that from the
approved cadastral mapping there is a difference in the area and shape.
• Please submit copy of deed of sale from Edmundo Meneses to Antolin
Daep. What is submitted is only a portion of Lot 586 which is 693 sq. m.;
and
• Please submit proof of ownership of Angelica Gloria A. Balin;
• Submit affidavit of splitting from the owner duly supported with documents of
transfer of ownership; and
7. • Indicate claimant for each lot on plan.
• Please secure certification for the existing road (15.00 m. wide) and secure
conformity from the Municipal Engineer adjoining the landowner of Lot 5
regarding the 3 m. wide entrance to Lot 9;
• Please submit series of conveyances from original claimant Mariano Nacion
to Trinidad Nacion.
• Field notes should be duly signed.
• Please identify the lot sold per extra judicial partition submitted (change
names on plan); and
• Indicate land use.
8. • Please indicate right of way for Lot 181-E-2-D and its width.
• Provide proof of ownership of Tiburcio Clerigo.
• Please provide clearance from DAR.
• Indicate on plan the extent of the right of way.
• Please certify on the field notes cover the correct tie point used.
• For relocation survey. Please submit appropriate requirements.
• For conduct of verification survey since there is a big discrepancies from
the cadastral survey and cadastral mapping survey.
9. • Cadastral survey does not conform with the cadastral mapping. For conduct
of verification survey.
• Submit SB approval.
• This survey is covered by unapproved plan Psd-05-003075.
• This survey is covered by approved plan Psd-05-048517.
• Provide plastic envelope
• Please provide uniform road widening.
• Please submit partition agreement among co-owners.
10. • Please provide wider right of way;
• Provide right of way exit to be supported with affidavit of
consent from the affected landowner; and
• Indicate the extent of the perpetual alley.
• Recompute coordinates based on the computation on LAMS.
• Indicate road widening instead of widening only.
11. • Please submit certificate of good standing; and
• Submit DLSD (e-copy for e-survey in XML file type format);
• Submit an updated certificate of instrument registration.
• Please provide wider road; and
• Submit reference plan.
12. • Submit lot data computation of Lot 6758-D-4.
• Please provide additional corners for roads, alleys and legal
easement that intersect the corners of subdivision lots.
• Please submit status certification from Land Registration
Authority for subject lot.
• Please conform in the approved cadastral survey (see
attached lot data computation);
13. • Submit certification from CENRO;
• Check scale bar.
• The area segregated is inside the salvage zone.
• No field notes cover and inside.
• Please recompute aggregate lots. The total area of resultant
lots does not conform with the area of the boundary; and
14. • Submitted lot data computation does not conform with the data
tabulated on plan. Corners are lacking for Lots 1756-C, 1756-G,
1756-H while Lot 1756-D exceeds in corners.
• Identify each width of the canal and road.
• Use technical pen in signing the plan.
• Please check tie lines of Lot 30, Block 9, (LRC) Psd-110473 and Lot
22, Pcs-001745; As per plotting, it does not conform to the
submitted technical descriptions.
• Course survey to SB/HLURB
15. • Portion of the subject lot falls within timberland per LC Map.
No.583, Project No. 9, Block A. It is recommended for the
segregation of the portion covered by timberland.
• Indicate zone number
• The area is big but no traverse, reference point and common
point computation
16. • Date of survey is ahead in the issuance of survey authority
• The sketch at the back of the report does not conform with
the subdivision
• Authority to print is already expired. Please reprint plan in
LMB authorized printers.
• No compliance to previous suspension letter.
17. • Submit extra judicial partition among the heirs of Julian
Olaguera and submit deed of conveyance from Julian
Olaguera to Salvador Realingo.
• Secure status certification of Lot 2195. Upon projection and
plotting, Lot 335 covers Lot 2195, Cad 294.
• Please recompute Lot 1002-D-6, there is a discrepancy of 4
sq. m. in the area;
18. • Reconcile the bearing and distance of the resultant lots on
the plan with the submitted lot data computation.
• Tie point was not conformed with the records on file. It
should be from BBM No. 3 instead of BBM No. 1.
• Please conform the computations (traverse and lot data
computation) into grid coordinates as used on lot reference;
19. • As per lot reference and submitted plan, line 1-2 of Lot 11280 is S
31 - 55 W., 6.28 m. but S 31-53 W, 6.67 m. on submitted LDC and
DLSD file. Please reconcile. Check computation of boundary and
resultant lots and update DLSD file. See attached print copy of
computation for reference
• Conform tie point and coordinates with the records on file
• Attach proof of payment of the cadastral cost.
• Indicate the creek and width of the creek along line 2-3 of the
boundary and Compute additional corners for the 3.00 m. wide
legal easement.
20. • Severo Dacanay, Jr. should conform the affidavit of splitting
submitted by the vendee
• Submit updated DLSD file.
• Previous suspension letter was not complied.
• Please certify on the field notes cover the correct distance of line 3-
4 should be 24.39 m. instead of 29.39 m. and the area which
should be 290 sq. m. instead of 289 sq. m.
21. • The area as annotated on the title does not conform with the plan.
Please reconcile.
• Please check distance along line 8-9. It is 14.34 m. as per
approved lot data computation.
• Please secure SB/HLURB approval.
• Please change the name of claimant of Lot 5-B-1 to Sps. Jaime
Cedeno, Jr. and Janette C. Cedeno; and Lot 5-B-2 to Asuncion
Osial, et. al.
22. • Name in the heading should be Asuncion Osial, et. al.
• Submit joint affidavit of splitting from Fernando Escarilla, Mario
Burce, Ma. Lizette Armenta, Joey and Joan Gaveria
• Conform survey with the area as annotated on the title
• Submit proof of ownership in favor of Ma. Lizette Armenta. Per
annotation on title, onl 700 sq. m. was sold to Lizette Armenta
• Re-check documents submitted to conform with the plan; Provide
legal easement; and Submit tax declaration as residential.
23. • Please use black ink in plotting the lot and signature of GE.
• Submit affidavit of conformity or affidavit of splitting.
• Please use true coordinates to conform with the cadastre, BLLM
No. 03, 20152.68, 20130.84;
• Re-print lot data computation and traverse computation.
• The date of survey is ahead in the issuance of survey authority.
24. • There is no right of way in the adjoining lot. As per previous
approved plan, it should be inside the property.
• Please recompute your lot data computation. Conform technical
description with the records on file.
• For payment of inspection deposit in the amount of P880.00.
• Secure re-calibration of instrument.
• Secure cancellation of adverse claim
25. • Check boundary computation; in the plan, 14 corners while in the
title, 10 corners
• Lot numbering in the resultant lots should be in numerical and date
of survey
• See pencil markings on plan for other cartographic corrections.
• Submit LRA status certification of Psu-05-005986.
• Submit unexpired registration of instrument.
26. • The deed of sale in favor of Katherine Alcantara-Cas and Maricel
Alcantara-Tandog should be annotated on the title or the plan
should still be in the name of title owner.
• Provide wider right of way to Lot 11987-A and indicate the land use
of adjoining Lots 13856, 13859 and 12748.
• Submit SB/HLURB approval.
• Please check latest annotation on the title (land use) or submit land
use conversion
27. • No available records for Lots 6594 and 12285 which are basis for
the bearing and distance along lines 3-4 and 5-1, respectively.
Please submit data
• Please delete lot area below the subdivided lots on the tabulated
technical description.
• No road indicated on cadastral map and approved plan Psd-05-
050741 along line 6-7. Submit Barangay certification or affidavit of
consent from affected landowner
• Submit SB/HLURB approval considering that the seggregated area
is already residential in size.
28. • Please provide documentary stamp for field notes cover
• Submit subdivision agreement to conform with the area on plan and
comply prior expiration of 60 days
• Legal easement for agricultural land is 20.00 m. wide.
• Please provide road and exit
• Please include all the affected lots in the plotting (VS)
• Submit copy of tax declaration with residential land use.
29. • The six month validity of survey authority is already expired. Submit
confirmatory report.
• Secure land use conversion and SB/HLURB approval
• Please submit affidavit of splitting.
• The approved alteration plan does not conform with the submitted
plan
• Please conform total area of the resultant lots with the boundary.
See Extrajudicial Settlement of Estate.
30. • Please check computation of boundary lot area
• Check submitted lot data computation of corner Lot 9-A. It does not
conform with the tabulated corners on plan
• Please recompute area of each lot which does not conform with the
total area appearing in the title and in the records on file.
• For payment of verification fee.
• Secure cancellation of adverse claim under Entry No. 91921 and
indicate the share of Gener Brojan as annotated on the title.
31. • Please submit SPA from Edwin Reantaso, Rowena Madarieta,
Edna P.
• Obaniana and Rebecca Jonson to Rommel Reantaso.
• No entry of the mother lot in the submitted DLSD file.
• Please conform the name of claimant on plan with the submitted
documents.
• The area annotated on title does not conform with the plan
32. • Area of 123 sq. m. in favor of Marlene Velencia is not indicated
• Please be informed that the issuance of survey authority of 12
hectares and more is within the Regional Executive Director.
• Please recheck your certification in the Field Notes Cover. It does
not conform with the lot data computation and in DLSD; submit
updated copy of DLSD file
• Submit updated copy of title; it has lapsed the 3 month validity prior
to submittal
33. • Please conform tie line with the tie line of consolidated Lot 11567
being N 55-33 E, 8112.02 m. since corner 1 of Lot 11567 is used as
the corner 1 of the boundary. Refer to the submitted lot description
sheets.
• Affix signature on the Lot Data Computation and traverse
computation.
• For payment of verification fee upon resubmission since previous
transaction number is rejected in the system.
• Submit proof that land use is residential;
34. • Submit cancellation of mortgage from Philippine National Bank
• Submit subdivision agreement.
• Please indicate width of the Barangay Road
• Field notes and Field notes cover is not on standard form.
• Please indicate technical description of the boundary on plan (sheet
1);
35. • Re-compute boundary. Conform corners with the approved plan
Psd-05-022761 along lines 8-9-10 of Lot 56-B and lines 18-19-20 of
Lot 56-A-2-A
• Change heading. See pencil markings on plan.
• Please submit SB/HLURB approval persuant to Section 136.C,
Article 10 of DAO 2010-13.
• Previous suspension letter dated August 6, 2021, was not fully
complied. Re: The area sold in favor of Gregy Casinilo as
annotated on the title is 3818 sq. m. while the area on plan and
subdivision agreement is 3476 sq. m. Please reconcile/correct.
36. • Please check, recompute and re-cartograph Lot 1, Lot 2 and Lot
13. Submitted lot data computation does not conform with the plan.
• Conform your survey with the submitted title
• Subject to verification survey (see attached plan of Swo-05-
001538)
• Provide documentary stamp for field notes cover
• Plot traverse station and indicate zone number
• Please submit specimen signature as Geodetic Engineer
37. • Please use cadastral lot number instead of cad mapping.
• Please correct symbol of irrigation canal.
• Submit order of rejection of FPA No. (V-1) 16216 of Bagilio Bino
and conform name of claimant with the submitted documents.
• Please clarify topographic condition and land use. Is it agricultural
or upland.
• Submit transfer of ownership from Antonia Jornales to Salvacion
Jornales Careras Indaya.
38. • Please correct heading of plan (Subdivision it should be
consolidation-subdivision)
• Change the project number of the adjoining and the heading should
be cadastral project
• Submit letter request for approval of Sk.
• Check spelling of Barangay Road
• Please use grid coordinates.
39. • Please reflect boundary of consolidated lots in red ink
• Check tie point on boundary computation (lot data computation)
• Please secure certification from DAR that the subject lot is not
covered by DAR.
• With errors in the computation. Please recompute lot data
computation.
• Submit certified copy of titles being consolidated.
40. • The signature appears to be different in the submitted plan and in
other documents. Please come personally for confirmation of
signature and updating.
• Submit updated certificate of title per DAO 2007-29.
• Use technical pen for your signature not blue pen.
42. 42
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Visayas Avenue, Diliman, Quezon City
Tel Nos. (632) 929-66-26 to 29 * (632) 929-62-52
929-66-20 * 929-66-33 to 35
929-70-41 to 43
MEMORANDUM
FOR : THE REGIONAL EXECUTIVE DIRECTOR
DENR Region X
Macabalan, Cagayan de Oro City
FROM : THE OIC-DIRECTOR
Legal Service
SUBJECT : REQUEST FOR LEGAL OPINION ON THE ACTION TO
TAKE ON PUBLIC LAND APPLICATIONS COVERING LOTS
CADASTRALLY/JUDICIALLY HEARD BUT NOT ISSUED
WITH DECREES
DATE : FEBRUARY 06, 2009
`
43. 43
This refers to your memorandum dated 21 November 2008 requesting for legal opinion on the
aforementioned subject in relation to the case of Ms. Trinidad P. Arias, President of the Garcia
Relocation Neighborhood Association of Bulua, Cagayan de Oro City.
Be it noted that the law which authorize and regulate the conduct of cadastral proceedings is Act
No. 2259 (The Cadastral Act). Section 11 of the said Act provides as follows:
SECTION 11. The trial of the case may occur at any convenient place within the province
in which the lands are situated or at such other place as the court, for reasons stated in
writing and filed with the record of case, may designate, and shall be conducted in the
same manner as ordinary trials and proceedings in the Court of Land Registration and
shall be governed by the same rules. Orders of default and confession shall also be entered
in the same manner as in ordinary cases in the same court and shall have the same effect.
All conflicting interest shall be adjudicated by the court and decrees awarded in favor of
the persons entitle to the lands or the various parts thereof, and such decrees, when final,
shall be the basis for original certificates of title in favor of said persons, which shall have
the same effect as certificates of title granted on application for registration of land under
the Land Registration Act, and except as herein otherwise provided all of the provisions of
said Land Registration Act, as now amended, and as it hereafter may be amended, shall be
applicable to proceedings under this Act, and to the titles and certificate of title granted or
issued hereunder.
44. 44
Provided, however, that in deciding a cadastral case, the court shall set aside from the
cadastral proceeding all lots that have not been contested and shall award such lots to the
claimants in a decision which shall become final thirty days after the rendition of the
same, without prejudice to going on with the preceding as regards the contested lots.
Every decision shall set forth the civil status of the respective claimant, the name of the
spouse if married, the age is a minor, and if under disability, the nature of such disability.
(As amended by Sec. 1, Act No. 3080.) [emphasis supplied]
Particularly, the lots subject of cadastral proceedings are generally those public lands which are
alienable and disposable, not those which have been titled or registered. The jurisdiction of the
cadastral courts over-titled or registered lots is limited to the correction of the technical errors in
the description of the lands, provided, such corrections, do not impart the substantial rights of the
registered owner, and that such jurisdiction cannot operate to deprive a registered owner of his
title.
Accordingly, and in view of the fact that cadastral proceedings are conducted in the same manner
as in ordinary cases of judicial land registration, the non-issuance of a decree by the cadastral
court of a lot which has undergone a cadastral proceeding, renders the same unsettled or
unadjudicated. It is worth stressing, that the issuance of a decree implies that the matter has
already been settled. Hence, it is submitted that those public lands which have not been issued
decrees despite having undergone cadastral proceedings are still considered unregistered public
lands for reason that claims thereof have not been settled and adjudicated and titles thereof have
not yet been issued. As such, those unregistered lands may still be processed for administrative
titling with the DENR.
For your information and guidance.
45. 45
SGD:
ATTY. DANIEL M. NICER
Cc:
The Undersecretary for Staff Bureaus
Florentino Pamintuan vs. Primitivo San Agustin, et. al. G.R. No. 1-7943, June 22, 1922
Cabahan vs Wissehagen 38 Phil. 405 [1918] Director of Lands vs Real O.G. Vol. 18 No. 4867
48. ► The Investigation Report
1. Failure of inspector to indicate the approximate date when the
applicant and his interest started occupying and cultivating the land;
2. Failure of the inspector to enclose a duly authenticated copy of the
corresponding deed where the applicant acquired the rights of a
previous occupant, or claimant of the land applied for;
3. Failure of the inspector to secure and enclose the corresponding
deed of extrajudicial partition or written consent of other co-heirs of
the applicant where it appears that the land was inherited from a
predecessor;
4. Recommending the issuance of patent despite the fact that the
applicant has occupied and cultivated only a portion of the land
applied for. Existing policy of the Lands Department requires full
cultivation of the area applied for. Mere cleaning is not sufficient.
(See R.A. No. 782);
49. 5. Failure of the inspector to indicate the Land Classification Project
No. in which the land applied for falls;
6. Failure of the inspector to prepare a sketch of the land at the back
of the final report, or being a sketch, failure indicate the
improvements found therein and their relative positions.
Sometimes the improvements shown in the narrative report do not
tally with the improvements indicated in the sketch. (See L.C. No.
R-25 dated August 1, 1950);
7. Failure of the inspector to ascertain the survey claimant, and to
explain cases where the applicant appears to be different from the
survey claimant;
8. Failure of the inspector to submit further explanation in cases
where the land recommended for free patent was surveyed and
listed in the List Survey Claimants as “Public Land” or “Insular
Government” or “Republic of the Philippines” or “No Claimant”;
(Note to LMO: In order to avoid the omission stated in No. 7 and 8,
it is suggested that an additional item be incorporated in the final
investigation report which should be worded as follows: “The land
applied for was claimed during the survey by
50. 9. Failure of the inspector to secure and submit authentic
proofs or documents tending to show that the applicant
is a natural born citizen of the Philippines, where the
natural Filipino citizenship of the applicant may be
doubted by reason of his name or his origin. (See L.C.
No. 135 dated May 19, 1960);
10.Failure of the inspector to explain cases where there
exists a big discrepancy in the shape and corners of the
land as applied for and as reported;
11.Unexplained or unauthenticated insertions or
corrections, erasures or amendment in the final report.
