This case has been cited 2 times or more.
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2010-07-02 |
PERALTA, J. |
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| It is true, as respondent argues, that an examination of these requisites involve delving into questions of fact which are not proper in a petition for review on certiorari. Factual findings of the court a quo are generally binding on this Court, except for certain recognized exceptions,[10] to wit: (1) When the conclusion is a finding grounded entirely on speculation, surmises and conjectures; | |||||
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2009-09-11 |
NACHURA, J. |
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| More importantly, we would like to stress that possession alone is not sufficient to acquire title to alienable lands of the public domain because the law requires possession and occupation. Since these words are separated by the conjunction "and," the clear intention of the law is not to make one synonymous with the other. Possession is broader than occupation because it includes constructive possession. When, therefore, the law adds the word occupation, it seeks to delimit the all-encompassing effect of constructive possession. Taken together with the words open, continuous, exclusive, and notorious, the word occupation serves to highlight the fact that for an applicant to qualify, his possession must not be a mere fiction. Actual possession of land consists in the manifestation of acts of dominion over it of such a nature as a party would naturally exercise over his own property.[34] | |||||