This case has been cited 4 times or more.
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2013-09-02 |
PERLAS-BERNABE, J. |
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| It is a long-standing rule that an applicant who seeks to have a land registered in his name has the burden of proving that he is its owner in fee simple, even though there is no opposition thereto. As held in Republic v. Lee:[25] | |||||
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2000-01-20 |
YNARES-SANTIAGO, J. |
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| Notwithstanding the foregoing, however, private respondent is not entitled to a writ of possession of that portion of Lot I occupied by Partolan and Baltar. No evidence was shown that private respondent had a rightful claim whether possessory or proprietary with respect to those areas. Even if Partolan was excluded by the order of general default and Baltar did not appeal from the trial court's decision of April 23, 1956, the applicant must still prove and establish that she has registrable rights over the land which must be grounded on incontrovertible evidence and based on positive and absolute proof. The declaration by the applicant that the land applied for has been in the possession of her predecessor-in-interest for a certain period, does not constitute the "well-nigh incontrovertible" and "conclusive" evidence required in land registration.[26] Allegations of her predecessors' ownership of the lot during the Spanish period is self-serving[27] and the declaration of ownership for purposes of assessment on the payment of tax is not sufficient evidence to prove ownership.[28] It should be noted that tax declaration, by itself, is not considered conclusive evidence of ownership in land registration cases.[29] Private respondent should have substantiated her claim with clear and convincing evidence specifically showing the nature of her claim. Her description of the circumstances of her own possession in relation to that of her predecessor-in-interest are mere conclusions of law which require further factual support and substantiation. If an applicant does not have any rightful claim over real property, the Torrens system of registration can confirm or record nothing.[30] | |||||