chapter3and4casedigestsforlandtitle
TRANSCRIPT
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BRACEWELL V. CA
FACTS:
Petitioner assails the CA decision which reversed that of the RTC which
granted petitioner’s application for confirmation of imperfect title
Sometime in 1908, Maria Cailles acquired a parcel of land in Las Pinasfrom the Dalandan and Jimenez families
Petitioner is the son of Maria Cailles, married to James Bracewell, Sr. He
acquired the almost 10 sq.km. land from his mother by virtue of a Deed of
Sale
Petitioner filed with the court of first instance an application for
confirmation of imperfect title over the land
The CFI granted the petition but the same was assailed in the CA by the
republic on the grounds that the land in question was public domain. CAreversed the CFI decision
ISSUE:
Does petitioner have a right of title over the subject land?
HELD:
NO
The Public Land Act requires that the applicant must prove:
o The land is alienable public land, and
o That his open, continuous, exclusive, and notorious possession
and occupation of the same must be since time immemorial or
for the period prescribed by law (at least 30 years)
Applicant failed to prove that the land was inalienable – the government
conclusively showed that the land was only classified as alienable public
land in 1972 (the case was decided in 2000 and the application filed in
1963) Even if the applicant and his predecessors-in-interest were in possession
of the land since 1908, the land was incapable of private appropriation.
Adverse possession described in the law applies only to alienable portions
of the pubic domain
The burden of proof in overcoming the presumption of State ownership is
upon the applicant
CALICDAN V. CENDANA
FACTS:
This case involves a piece of land originally owned by Sixto Calicdan
until his death. He was survived by his wife, Fermina, and his three
children (including herein petitioner) Fermina, in a deed of donation inter vivos, conveyed the subject land to
one Silverio Cendana who immediately entered into possession of the
land and built a house on it where he lived until his death in 1998
Soledad Calicdan, petitioner, challenged this donation of the land in a
complaint filed with the trial court for the recovery of ownership,
possession and damages against Cendana
The trial court ruled in petitioner’s favor
On appeal, the CA reversed the decision of the trial court
ISSUES:
Was the donation inter vivos valid?
Did the petitioner lose ownership of the land by prescription?
HELD:
ON THE DONATION:
o No
o Sixto inherited the land in question from his parents. This means
that the subject land was not part of the conjugal property of
Sixto and Fermina.
o Under the Spanish Civil Code, Fermina only had the right of
usufruct over the land. This means that the right she transmitted
to Cendana was only the right of usufruct.
ON THE OWNERSHIP OF THE LAND:
o Yeso Cendana became the rightful owner by virtue of extraordinary
acquisitive prescription
o Prescription is another mode of acquiring ownership and other
real rights over property. Acquisitive prescription is either
ordinary or extraordinary. In extraordinary prescription,
ownership and other real rights over immovable property are
acquired through inunterrupted adverse possession thereof for
thirty years without need of just title or of good faith
o Adverse possession of Cendana for over 45 years shows that he
has met the requirements of law
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DEL ROSARIO-IGBITEN V. REPUBLIC
FACTS:
Petitioners filed with the trial court an application for registration of landon the ground that they acquired it by purchase and had been in actual,
continuous, uninterrupted, open, public, and adverse possession of the
subject property in the concept of owner for more than 30 years
The trial court traced the possession of property back to 1958 when a
Justina Hintog first declared the property for taxation purposes and the
trial court rendered a decision favorable to the petitioners
The republic through the OSG appealed the decision to the CA which
subsequently reversed the trial court decision
ISSUE:
Did the petitioners comply with the period of possession and occupation
required by the public land act?
HELD:
Nope
It is undisputed that the property I question is alienable public land
Section 48(b) of the PLA presently requires the possession and
occupation of the piece of land by the applicants since June 12, 1945 or
earlier.
As was established by the trial court, the earliest period the applicants
could claim ownership over the land is in 1958
Petitioners point out the amendment made by RA 6940 which reduced the
required period of possession and occupation of the lad to thirty years
prior to the filing of the application
This is erroneous because RA 6940 addresses sec. 44 of the PLA which
applies to free patents and not to judicial confirmation of an imperfect or
incomplete title to which section 48(b) applies
REPUBLIC V. MANNA PROPERTIES
FACTS:
Manna properties applied for the registration of two parcels of land in La
Union
The RTC granted the application and the CA, upon appeal by the OSG on behalf of the Republic, affirmed the RTC ruling
ISSUES:
Did Manna Properties fail to comply with the jurisdictional requirements
for original registration?
Has Manna Properties sufficiently proven possession of the property for
the requisite period?
HELD:
On the jurisdictional requirements:
o No, it was not their fault
o Petitioner faults Manna for the trial court’s exceeding of the 90-day period set by PD 1529 between the court order setting the
initial hearing date and the hearing itself
o “A party to an action has no control over the Administrator or
the Clerk of Court acting as a land court; he has no right to
meddle unduly with the business of such official in the
performance of his duties”
On proving sufficient possession
o Noo The governing law is CA 141, or the PLA, which requires
possession since JUNE 12, 1945 OR EARLIER
o Manna only presented a tax declaration dated 1950 in evidence
While tax declarations can be sufficient basis of possession, the same must properly show the specific
date especially when the same is material
The tax declaration presented was issued in 1950 as a
“substitute tax declaration”
Also the form in which the tax declaration is made is
questionable because the same states that it was issued
under the rules of RA 7160 or the LGC of 1991 when it
was supposed to have been issued in 1950
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RP V. HANOVER WORLDWIDE TRADING CORP.
FACTS:
Hanover applied with the RTC for the registration of title to two
properties found in Consolacion
Except for the Republic, no oppositors Case was called for trial and the RTC approved the application. This
decision was affirmed by the CA
ISSUES:
Did the RTC fail to acquire jurisdiction?
Did Hanover sufficiently prove compliance with the requisites of law for
the registration of land?
HELD:
On substance, petition is meritorious
On jurisdiction
o Noo Respondent complied with the requirements of law for the court
to acquire jurisdictiono Invoking doctrine laid down in Manna case, “it is unfair to
punish an applicant for an act or omission over which the
applicant has neither responsibility nor control, especially if the
applicant has complied with all the requirements of law”
On compliance
o No
o As the law now stands, a mere showing of possession and
occupation for 30 years or more is not sufficient. It must now be
shown that possession and occupation of land by the applicant
started on June 12, 1945 or earlier.o While this is a factual issue not usually passed upon by the SC,
there are recognized exceptions when the inference made is
manifestly mistaken, absurd, or impossible; when the findings of
fact are conclusions without citation of specific evidence on
which they are based
o The earliest date shown by applicant from taxdecs is 1965
o The respondent also failed to prove that the subject land was
declared inalienable by the DENR
SPS. LLANES V. REPUBLIC
FACTS:
Person A possessed Land X since 1930. In 1965 Person B bought Land X
from Person A. In 1995 Spouses Llanes bought Land X from Person B.Person A, Person B, and the Spouses Llanes all belong to the same
family.
In 1996, Spouses Llanes sold Land X to Company A. Company A filed an
application under the Property Registration Decree to register Land X.
However, the sale between Company A and Spouses Llanes didn’t push
through. Company A amended the application substituting the applicants
as the Spouses Llanes.
The Government opposed the application.
ISSUE:
Do Spouses Llanes have a right to Land X?
HELD:
Yes. Under the Property Registration Decree the applicant must prove (1)
the disputed property is alienable and disposable land of the public
domain (2) the applicant or his predecessors-in-interest have been in open,
continues, exclusive, and notorious possession and occupation (3) such
possession has been under a bona fide claim of ownership since 12 June
1945 or earlier
In this case, the Spouses Llanes proved Land X was declared alienable
and disposable on 26 March 1928 through the DENR and CENRO
certification. Further, the Spouses Llanes proved they and their
predecessors-in-interest have possessed Land X from 1930 onwards, well
before 12 June 1945. Lastly, generations of the Llanes family havedeclared Land X under their names and paid real property taxes on it,
giving evidence of possession in the concept of an owner.