Publication of Amended Application for Registration

Sec. 7 of Act No. 2259, otherwise known as the Cadastral Act, and Sec. 35 of PD 1529, otherwise known as the Land Registration Decree, provide for the publication of the application for registration and the schedule of the initial hearing. This is so since judicial cadastral proceedings, like ordinary administrative registration, are in rem, and are governed by the usual rules of practice, procedure, and evidence. Due publication is required to give notice to all interested parties of the claim and identity of the property that will be surveyed. And any additional territory or change in the area of the claim cannot be included by amendment of the plan or application without new publication, otherwise the cadastral court does not acquire jurisdiction over the additional or amended claim. But where the identity and area of the claimed property are not the subjects of amendment but other collateral matters, a new publication is not needed. (De Luzuriaga v. Republic, G.R. No. 168848, June 30, 2009)