This case has been cited 3 times or more.
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2013-10-23 |
LEONARDO-DE CASTRO, J. |
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| The requisites for the filing of an application for registration of title under Section 14(1) of the Property Registration Decree are: (1) that the property in question is alienable and disposable land of the public domain; and (2) that the applicants by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation; and that such possession is under a bona fide claim of ownership since June 12, 1945 or earlier.[29] In Heirs of Mario Malabanan v. Republic,[30] we affirmed our earlier ruling in Republic v. Naguit,[31] that Section 14(1) of the Property Registration Decree merely requires the property sought to be registered as already alienable and disposable at the time the application for registration of title is filed. | |||||
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2010-11-15 |
PERALTA, J. |
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| Jose and Amado's testimonies consist merely of general statements with no specific details as to when respondents' predecessors-in-interest began actual occupancy of the land subject of this case. While Jose testified that the subject land was previously owned by their parents Zosimo and Ester, who earlier inherited the property from their parent Alejandro, no clear evidence was presented to show Alejandro's mode of acquisition of ownership and that he had been in possession of the same on or before June 12, 1945, the period of possession required by law. It is a rule that general statements that are mere conclusions of law and not factual proof of possession are unavailing and cannot suffice.[25] An applicant in a land registration case cannot just harp on mere conclusions of law to embellish the application but must impress thereto the facts and circumstances evidencing the alleged ownership and possession of the land.[26] | |||||