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IN RE: PETITION SEEKING FOR CLARIFICATION AS TO VALIDITY v. DR. POTENCIANO MALVAR

This case has been cited 2 times or more.

2007-03-02
CHICO-NAZARIO, J.
It is well-settled that properties classified as alienable and disposable land may be converted into private property by reason of open, continuous and exclusive possession of at least 30 years.[28] Such property now falls within the contemplation of "private lands" under Section 14(2), over which title by prescription can be acquired. Hence, because of Section 14(2) of Presidential Decree No. 1529, those who are in possession of alienable and disposable land, and whose possession has been characterized as open, continuous and exclusive for 30 years or more, may have the right to register their title to such land despite the fact that their possession of the land commenced only after 12 June 1945.[29]
2002-10-15
SANDOVAL-GUTIERREZ, J.
must therefore guard against any scheme calculated to bring about that result. Constituted as they are to put an end to controversies, courts should frown upon any attempt to prolong them." Just recently, we emphatically declared in In Re: Petition for Clarification as to the Validity and Forceful Effect of Two (2) Final and Executory but Conflicting Decisions of the Honorable Supreme Court:[9]