This case has been cited 9 times or more.
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2014-03-05 |
BRION, J. |
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| We emphasize that since the effectivity of P.D. No. 1073[13] on January 25, 1977, it must be shown that possession and occupation of the land sought to be registered by the applicant himself or through his predecessors-in-interest, started on June 12, 1945 or earlier, which totally conforms to the requirement under Section 14(1) of P.D. No 1529. A mere showing of possession and occupation for thirty (30) years or more is no longer sufficient.[14] | |||||
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2008-12-23 |
CARPIO, J. |
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| (b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.[32] | |||||
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2008-10-08 |
REYES, R.T., J. |
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| Section 48(b) of CA No. 141 retained the requirement under Act No. 2874 of possession and occupation of lands of the public domain since time immemorial or since July 26, 1894. However, this provision was superseded by Republic Act (RA) No. 1942,[72] which provided for a simple thirty-year prescriptive period for judicial confirmation of imperfect title. The provision was last amended by PD No. 1073,[73] which now provides for possession and occupation of the land applied for since June 12, 1945, or earlier.[74] | |||||
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2007-01-29 |
GARCIA, J. |
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| First, the law, as mentioned earlier, requires that the possession of lands of the public domain must be from at least June 12, 1945 for the same to be acquired through judicial confirmation of imperfect title. Through the years, Section 48(b), supra, of the Public Land Act has been amended several times. The case of Republic v. Doldol[12] provides a summary of these amendments:x x x. The original Section 48(b) of C.A. No. 141 provided for possession and occupation of lands of the public domain since July 26, 1894. This was superseded by R.A. No. 1942, which provided for a simple thirty-year prescriptive period of occupation by an applicant for judicial confirmation of imperfect title. The same, however, has already been amended by Presidential Decree 1073, approved on January 25, 1977. As amended, Section 48(b) now reads: | |||||
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2006-12-06 |
GARCIA, J. |
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| (b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. Clearly then, the reliance placed by the appellate court in Republic v. Court of Appeals[17] where we ruled that occupation and cultivation for more than 30 years by an applicant and his predecessor-in-interest vest title on such applicant so as to segregate the land from the mass of public land, is erroneous. Said ruling has been effectively superseded by subsequent legislations which amended Section 48(b) the Public Land Act. The case of Republic v. Doldol,[18] cited in Igtiben v. Republic,[19] provides a summary of these amendments, to wit:The original Section 48(b) of C.A. No. 141 provided for possession and occupation of lands of the public domain since July 26, 1894. This was superseded by R.A. No. 1942 which provided for a simple thirty-year prescriptive period of occupation by an applicant for judicial confirmation of imperfect title. The same, however, has already been amended by Presidential Decree No. 1073, approved on January 25, 1977. As amended Section 48(b) now reads: | |||||
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2005-05-26 |
CHICO-NAZARIO, J. |
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| First, respondents failed to establish that they and their predecessors-in-interest had been in open, continuous, and adverse possession of the Subject Lots in the concept of owners since 12 June 1945 or earlier. According to the petitioner Republic, possession of the Subject Lots prior to 25 June 1963 cannot be considered in determining compliance with the periods of possession required by law. The Subject Lots were classified as alienable and disposable only on 25 June 1963, per CENRO's certification. It also alleges that the Court of Appeals, in applying the 30-year acquisitive prescription period, had overlooked the ruling in Republic v. Doldol,[21] where this Court declared that Commonwealth Act No. 141, otherwise known as the Public Land Act, as amended and as it is presently phrased, requires that possession of land of the public domain must be from 12 June 1945 or earlier, for the same to be acquired through judicial confirmation of imperfect title. | |||||
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2004-10-22 |
CHICO-NAZARIO, J. |
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| The provision of the Public Land Act that is particularly relevant to petitioners' application is Section 48(b). Through the years, Section 48(b) of the Public Land Act has been amended several times. The case of Republic v. Doldol[16] provides a summary of these amendments, as follows | |||||
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2004-09-22 |
CHICO-NAZARIO, J. |
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| The provision of the Public Land Act that is particularly relevant to petitioners' application is Section 48(b). Through the years, Section 48(b) of the Public Land Act has been amended several times. The case of Republic v. Doldol[16] provides a summary of these amendments, as follows | |||||
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2000-01-25 |
YNARES-SANTIAGO, J. |
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| In Republic vs. Doldol,[14] the requisites to acquire title to public land were laid down, as follows -- | |||||