This case has been cited 2 times or more.
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2015-03-11 |
DEL CASTILLO, J. |
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| "The well-entrenched rule is that all lands not appearing to be clearly of private dominion presumably belong to the State. The onus to overturn, by incontrovertible evidence, the presumption that the land subject of an application for registration is alienable and disposable rests with the applicant."[57] "[P]ublic lands remain part of the inalienable land of the public domain unless the State is shown to have reclassified or alienated them to private persons."[58] "Unless public land is shown to have been reclassified or alienated to a private person by the State, it remains part of the inalienable public domain. Indeed, occupation thereof in the concept of owner, no matter how long, cannot ripen into ownership and be registered as a title."[59] | |||||
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2001-01-29 |
PUNO, J. |
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| "FRANCISCO N. AGUILAR, widower; THELMA N. AGUILAR, single; EUSEBIO N. AGUILAR, JR., widower; RODOLFO N. AGUILAR, single and ANTONIO N. AGUILAR, married to Teresita Puig; all of legal age, Filipinos."[28] TCT No. 63767 was issued in the names of the five (5) respondents plus Virginia Aguilar, thus:"FRANCISCO N. AGUILAR, widower; THELMA N. AGUILAR, single; EUSEBIO N. AGUILAR, JR., widower; RODOLFO N. AGUILAR, single and ANTONIO N. AGUILAR, married to Teresita Puig; and VIRGINIA N. AGUILAR, single, all of legal age, Filipinos."[29] Respondent Antonio Aguilar testified that he and the other registered owners are all siblings who inherited the subject property by intestate succession from their parents.[30] Their father died in 1945 and their mother in 1976.[31] Both TCT's were issued in the siblings' names on September 2, 1987.[32] In 1986, however, the siblings agreed to extrajudicially partition the lots among themselves, but no action was taken by them to this end. It was only eleven (11) years later, on November 28, 1997 that a survey of the two lots was made[33] and on February 10, 1998, a consolidation subdivision plan was approved by the Lands Management Service of the Department of Environment and Natural Resources.[34] The co-owners signed a Partition Agreement on February 24, 1998[35] and on May 21, 1998, TCT Nos. 63766 and 63767 were cancelled and new titles issued in the names of the individual owners pursuant to the Partition Agreement. | |||||