Petitioner contends that PD 1529 sets a 90-day
maximum period between the court order setting the initial hearing date and the
hearing itself. Petitioner points out that in this case, the trial court issued
the order setting the date of the initial hearing on 15 March 1995, but the
trial court set the hearing date itself on 18 July 1995. Considering that there
are 125 days in between the two dates, petitioner argues that the trial court
exceeded the 90-day period set by PD 1529. Thus, petitioner concludes “the
applicant [Manna Properties] failed to comply with the jurisdictional
requirements for original registration.”
The petitioner is mistaken.
The pertinent portion of Section 23 of PD 1529 reads:
Sec. 23. Notice of initial hearing, publication etc. –
The court shall, within five days from filing of the application, issue an
order setting the date and hour of initial hearing which shall not be earlier
than forty-five days nor later than ninety days from the date of the order.
The duty and the power to set the hearing date lies with the land registration court. After an applicant has filed his application, the law requires the issuance of a court order setting the initial hearing date. The notice of initial hearing is a court document. The notice of initial hearing is signed by the judge and copy of the notice is mailed by the clerk of court to the LRA. This involves a process to which the party applicant absolutely has no participation.
Petitioner is correct that in land registration cases, the applicant must strictly comply with the jurisdictional requirements. In this case, the applicant complied with the jurisdictional requirements.
The facts reveal that Manna Properties was not at fault why the hearing date was set beyond the 90-day maximum period. The records show that the Docket Division of the LRA repeatedly requested the trial court to reset the initial hearing date because of printing problems with the National Printing Office, which could affect the timely publication of the notice of hearing in the Official Gazette. Indeed, nothing in the records indicates that Manna Properties failed to perform the acts required of it by law.
We have held that “a party to an action has no control over the Administrator or the Clerk of Court acting as a land court; he has no right to meddle unduly with the business of such official in the performance of his duties.” A party cannot intervene in matters within the exclusive power of the trial court. No fault is attributable to such party if the trial court errs on matters within its sole power. It is unfair to punish an applicant for an act or omission over which the applicant has neither responsibility nor control, especially if the applicant has complied with all the requirements of the law.
Petitioner limited itself to assailing the lapse of time between the issuance of the order setting the date of initial hearing and the date of the initial hearing itself. Petitioner does not raise any other issue with respect to the sufficiency of the application. Petitioner does not also question the sufficiency of the publication of the required notice of hearing. Consequently, petitioner does not dispute the real jurisdictional issue involved in land registration cases — compliance with the publication requirement under PD 1529. As the records show, the notice of hearing was published both in the Official Gazette and a newspaper of general circulation well ahead of the date of hearing. This complies with the legal requirement of serving the entire world with sufficient notice of the registration proceedings.
SOURCE: [ G.R. NO. 146527, January 31, 2005 ]REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. MANNA PROPERTIES, INC., REPRESENTED BY ITS PRESIDENT, JOSE TANYAO, RESPONDENT. Tags: Alcantara Alcoy moral damages Alegria actual damages Aloguinsan Argao Asturias Badian Balamban Bantayan Barili Boljoon Borbon Carmen Catmon Compostela Consolacion Cordova Daanbantayan Dumaguete Bais Sibulan Tampi Bacong Negros Bacolod Separation pay Resign Resignation Back wages Backwages Length of service pay benefit employee employer relationship Silay Kabankalan Daan Bantayan Dalaguete Dumanjug Ginatilan Liloan compensatory damages Madridejos Malabuyoc Medellin Minglanilla Moalboal Oslob Pilar Pinamungajan Poro Ronda Samboan San Fernando San Francisco San Remigio Sante Fe Santander Sibonga Sogod Tabogon Tabuelan Tuburan attorney’s fees Tudela exemplary damages Camotes General Luna Siargao Cagayan Davao Kidapawan Attorney Abogado Lawyer Architect Real Estate Broker nominal damages Sales Agent Properties for Sale Looking for Buyers Design Build House and Lot for Sale for Rent Talisay City Mandaue City Lapu Lapu Lapu-Lapu City Yncierto Sesante Villanueva Ruz Jan Edmond Marc Tim Timothy temperate damages Luz liquidated damages Kristin tct transfer certificate of title tax declaration birth certificate relocation survey surveying judicial titling administrative titling patent title denr cenro foreshore lease ecc environmental compliance certificate design build architect cebu engineer interior design designer residential commercial cebu property warehouse for rent for lease marc Christian yncierto ruz jan Edmond yncierto ruz Kristin Villanueva ruz Edmond mabalot ruz marriage certificate timber land forest land watershed agricultural lot land use conversion hearing trial illegal drugs trial lawyer business corporate lawyer labor lawyer immigration law bureau of immigration cebu 9g visa search warrant warrant of arrest motion to quash information complaint police officers buy bust physical suffering shocked horrified mental anguish fright serious anxiety besmirched reputation sleepless nights wounded feelings moral shock social humiliation similar injuries