This case has been cited 4 times or more.
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2008-06-25 |
TINGA, J. |
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| It is doctrinally settled that a person who seeks confirmation of an imperfect or incomplete title to a piece of land on the basis of possession by himself and his predecessors-in-interest shoulders the burden of proving by clear and convincing evidence compliance with the requirements of Section 48 (b) of Commonwealth Act No. 141, as amended.[21] Accordingly, applicants for confirmation and registration of imperfect title must prove: (a) that the land forms part of the alienable lands of the public domain; and (b) that they have been in open, continuous, exclusive, and notorious possession and occupation of the alienable and disposable land of the public domain, under a bona fide claim of acquisition or ownership, since 12 June 1945.[22] | |||||
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2007-09-13 |
AZCUNA, 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 dominion, under a bona fide claim 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. It is evident from the above-cited provisions that an application for land registration must conform to three requisites: (1) the land is alienable public land; (2) the applicant's open, continuous, exclusive, and notorious possession and occupation thereof must be since June 12, 1945, or earlier; and (3) it is under a bona fide claim of ownership.[28] | |||||
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2007-07-10 |
NACHURA, 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 dominion, under a bona fide claim of acquisition or 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. Notably, Section 14(1) of the Property Registration Decree and Section 48(b) of the Public Land Act, as amended, are original registration proceedings, against the whole world, and the decree of registration issued for both is conclusive and final.[26] It is evident from the above-cited provisions that an application for land registration must conform to three requisites: (1) the land is alienable public land; (2) the applicant's open, continuous, exclusive, and notorious possession and occupation thereof must be since June 12, 1945, or earlier; and (3) it is under a bona fide claim of ownership.[27] | |||||
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2007-06-21 |
SANDOVAL-GUTIERREZ, J. |
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| Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier. Accordingly, applicants for registration of land must prove: (a) that it forms part of the alienable lands of the public domain; and (b) that they have been in open, exclusive, continuous and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial or since June 12, 1945.[5] | |||||