This case has been cited 3 times or more.
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2013-10-23 |
REYES, J. |
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| Granting por arguendo that the respondent and her predecessors-in-interest had possessed and occupied the subject lots since 1948, the Court cannot still tack those years to complete the 30-year possession period since the said lots were only declared alienable and disposable on September 1, 1965. In Naguit, we ruled that for as long as the land was declared alienable and disposable, the same is susceptible of prescription for purposes of registration of imperfect title.[42] In Lim v. Republic,[43] we further clarified that "while a property classified as alienable and disposable public land may be converted into private property by reason of open, continuous, exclusive and notorious possession of at least 30 years, public dominion lands become patrimonial property not only with a declaration that these are alienable or disposable but also with an express government manifestation that the property is already patrimonial or no longer retained for public use, public service or the development of national wealth. And only when the property has become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run."[44] | |||||
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2013-10-23 |
LEONARDO-DE CASTRO, J. |
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| The requisites for the filing of an application for registration of title under Section 14(1) of the Property Registration Decree are: (1) that the property in question is alienable and disposable land of the public domain; and (2) that the applicants by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation; and that such possession is under a bona fide claim of ownership since June 12, 1945 or earlier.[29] In Heirs of Mario Malabanan v. Republic,[30] we affirmed our earlier ruling in Republic v. Naguit,[31] that Section 14(1) of the Property Registration Decree merely requires the property sought to be registered as already alienable and disposable at the time the application for registration of title is filed. | |||||
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2010-11-15 |
PERALTA, J. |
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| Jose and Amado's testimonies consist merely of general statements with no specific details as to when respondents' predecessors-in-interest began actual occupancy of the land subject of this case. While Jose testified that the subject land was previously owned by their parents Zosimo and Ester, who earlier inherited the property from their parent Alejandro, no clear evidence was presented to show Alejandro's mode of acquisition of ownership and that he had been in possession of the same on or before June 12, 1945, the period of possession required by law. It is a rule that general statements that are mere conclusions of law and not factual proof of possession are unavailing and cannot suffice.[25] An applicant in a land registration case cannot just harp on mere conclusions of law to embellish the application but must impress thereto the facts and circumstances evidencing the alleged ownership and possession of the land.[26] | |||||