This case has been cited 2 times or more.
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2011-08-31 |
VILLARAMA, JR., J. |
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| The phrase "adverse, continuous, open, public, peaceful and in concept of owner," are mere conclusions of law requiring evidentiary support and substantiation. The burden of proof is on the applicant to prove by clear, positive and convincing evidence that the alleged possession was of the nature and duration required by law.[29] The bare statement of petitioner's witness, Andrea Batucan Enriquez, that her family had been in possession of the subject land from the time her father bought it after the Second World War does not suffice. | |||||
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2000-12-14 |
PANGANIBAN, J. |
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| Petitioners presented evidence that they had been paying real estate taxes since 1974.[15] Their predecessors-in-interest, they claimed, have also been paying taxes on the land for several years before them, and Cirilo Menguito had declared the land for tax purposes in 1943.[16] However, they did not present any documents or any other satisfactory proof to substantiate this claim. General statements, which are mere conclusions of law and not proofs of possession, are unavailing and cannot suffice.[17] | |||||