This case has been cited 3 times or more.
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2013-09-30 |
PERALTA, J. |
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| This Court has already ruled in the abovementioned Guido case[11] that while TCT No. 23377 and its derivative titles, which include TCT No. M-2102, serve as evidence of an indefeasible title to the property in favor of the persons whose names appear therein, this Court took judicial notice of the fact that certain portions of the land covered by TCT No. 23377 either "were in possession of occupants who successfully obtained certificates of titles over the area occupied by them" or were occupied by persons "who had not obtained certificates of titles over the area possessed by them but the lengths of their possession were long enough to amount to ownership, had the land been in fact unregistered." This Court then proceeded to rule that while prescription is unavailing against the owners of the land covered by TCT No. 23377, on the ground that they are holders of a valid certificate of title, the equitable presumption of laches may be applied against them for failure to assert their ownership for such an unreasonable length of time. This pro hac vice ruling of the Court was further based on the established fact that the abovementioned owners, by agreement with the Office of the Solicitor General, have actually waived their rights over the property subject of the said case in favor of "those who possessed and actually occupied specific portions and obtained [T]orrens [C]ertificates of [T]itles, and those who possessed certain specific portions for such length of time as to amount to full ownership."[12] This Court, thus, held that it is imperative for those possessors, whose alleged bona fide occupancy of specific portions of TCT No. 23377 is not evidenced by Torrens Titles, to prove their claims in an appropriate proceeding. Among these occupants was, respondents' predecessor-in-interest, Antonia Victorino who, as found by the RTC in its assailed decision has duly proven that, together with her predecessor-in-interest, she has been in public, peaceful, continuous, adverse possession against the whole world and in the concept of an owner of the subject lot for a period of more than thirty (30) years.[13] | |||||
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2013-09-30 |
PERALTA, J. |
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| This Court has already ruled in the abovementioned Guido case[11] that while TCT No. 23377 and its derivative titles, which include TCT No. M-2102, serve as evidence of an indefeasible title to the property in favor of the persons whose names appear therein, this Court took judicial notice of the fact that certain portions of the land covered by TCT No. 23377 either "were in possession of occupants who successfully obtained certificates of titles over the area occupied by them" or were occupied by persons "who had not obtained certificates of titles over the area possessed by them but the lengths of their possession were long enough to amount to ownership, had the land been in fact unregistered." This Court then proceeded to rule that while prescription is unavailing against the owners of the land covered by TCT No. 23377, on the ground that they are holders of a valid certificate of title, the equitable presumption of laches may be applied against them for failure to assert their ownership for such an unreasonable length of time. This pro hac vice ruling of the Court was further based on the established fact that the abovementioned owners, by agreement with the Office of the Solicitor General, have actually waived their rights over the property subject of the said case in favor of "those who possessed and actually occupied specific portions and obtained [T]orrens [C]ertificates of [T]itles, and those who possessed certain specific portions for such length of time as to amount to full ownership."[12] This Court, thus, held that it is imperative for those possessors, whose alleged bona fide occupancy of specific portions of TCT No. 23377 is not evidenced by Torrens Titles, to prove their claims in an appropriate proceeding. Among these occupants was, respondents' predecessor-in-interest, Antonia Victorino who, as found by the RTC in its assailed decision has duly proven that, together with her predecessor-in-interest, she has been in public, peaceful, continuous, adverse possession against the whole world and in the concept of an owner of the subject lot for a period of more than thirty (30) years.[13] | |||||
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2013-09-30 |
PERALTA, J. |
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| In regard to the above disquisition, it bears to revisit this Court's ruling in E. Rommel Realty and Development Corporation v. Sta. Lucia Realty Development Corporation,[16] as correctly cited by respondents. The case involves a parcel of land in the possession of the respondent therein which, like the subject property in the instant case, is part of the larger tract of land covered by the same mother title, TCT No. 23377. The respondent contested the writ of possession issued by the RTC awarding possession of the subject property in favor of herein petitioner and her co-heirs. The respondent in the said case argued that its predecessors-in-interest had already proven their bona fide occupancy thereof during the proceedings in their application for registration of title. Adverting to this Court's ruling in the abovementioned Guido case, this Court held thus:x x x x | |||||