This case has been cited 2 times or more.
|
2011-11-28 |
PERALTA, J. |
||||
| In Director of Lands v. Court of Appeals,[21] the Court held that a judicial declaration that a parcel of land is public, does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land, provided he thereafter complies with the provisions of Section 48[22] of Commonwealth Act No. 141, as amended, and as long as said public lands remain alienable and disposable. In the case at bar, not only did the petitioners fail to prove that the subject land is part of the alienable and disposable portion of the public domain, they failed to demonstrate that they by themselves or through their predecessors-in-interest have possessed and occupied the subject land since June 12, 1945 or earlier as mandated by the law. | |||||
|
2006-09-26 |
TINGA, J. |
||||
| Petitioners' reliance on Metropolitan Waterworks and Sewerage Systems (MWSS) v. Court of Appeals[9] and Director of Lands v. Court of Appeals[10] is misplaced. MWSS is a case of overlapping titles where the Court held that where two certificates of title purport to include the same land, the earlier date prevails. The principle in MWSS does not apply to the factual milieu of the instant case as the land registration court in LRC Case No. N-1175 squarely ruled that Lot No. 967 covered by the Avilas' OCT No. 1035 does not encroach upon petitioners' Lot No. 968. In MWSS, the party holding the earlier certificate of title was not a party to the subsequent registration proceeding and, thus, was not able to participate therein. Hence, the principle of res judicata could not be applied to the filing of a subsequent action for quieting of title. | |||||