This case has been cited 1 times or more.
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2011-03-07 |
VILLARAMA, JR., J. |
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| However, the third requirement, that respondent and his predecessors-in-interest be in open, continuous, exclusive and notorious possession and occupation of the subject property since June 12, 1945 or earlier, has not been satisfied. Respondent only managed to present oral and documentary evidence of his and his mother's ownership and possession of the land since 1958 through a photocopy of the Deed of Absolute Sale[24] dated July 8, 1958 between Eufrecina Navarro and Bibiana P. Rizalvo. He presented Tax Declaration No. 11078[25] for the year 1948 in the name of Eufrecina Navarro and real property tax receipts beginning in 1952.[26] In Llanes v. Republic,[27] the Court held that tax declarations are good indicia of possession in the concept of an owner, for no one in his right mind would be paying taxes for a property that is not in his actual or constructive possession.[28] However, even assuming that the 1948 Tax Declaration in the name of Eufrecina Navarro and the tax payment receipts could be taken in this case as proof of a claim of ownership, still, respondent lacks proof of occupation and possession beginning June 12, 1945 or earlier. What is categorically required by law is open, continuous, exclusive, and notorious possession and occupation under a bona fide claim of ownership since June 12, 1945 or earlier.[29] | |||||