This case has been cited 5 times or more.
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2006-08-30 |
AZCUNA, J. |
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| Furthermore, it must be pointed out that petitioners' contention that the State has the burden to prove that the land which it avers to be of public domain is really of such nature applies only in instances where the applicant has been in possession of the property since time immemorial. When referring to this type of possession, it means possession of which no person living has seen the beginning and the existence of which such person has learned from the latter's elders.[31] Immemorial possession justifies the presumption that the land had never been part of the public domain or that it had been private property even before the Spanish conquest.[32] The possession of petitioners in this case does not fall under the above-named exception as their possession, by their own admission, only commenced sometime in 1934. | |||||
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2005-04-12 |
CARPIO, J. |
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| All lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain. An exception to the rule would be any land that should have been in the possession of an occupant and of his predecessors in interest since time immemorial, for such possession would justify presumption that the land had never been part of the public domain or that it had been a private property even before the Spanish conquest.[31] | |||||
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2000-11-20 |
PARDO, J. |
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| The ruling is erroneous. An applicant seeking to establish ownership of land must conclusively show that he is the owner in fee simple,[5] for the standing presumption is that all lands belong to the public domain of the State, unless acquired from the Government either by purchase or by grant, except lands possessed by an occupant and his predecessors since time immemorial, for such possession would justify the presumption that the land had never been part of the public domain, or that it had been private property even before the Spanish conquest.[6] | |||||
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2000-07-14 |
PARDO, J. |
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| An applicant seeking to establish ownership over land must conclusively show that he is the owner thereof in fee simple,[7] for the standing presumption is that all lands belong to the public domain of the State, unless acquired from the Government either by purchase or by grant, except lands possessed by an occupant and his predecessors since time immemorial, for such possession would justify the presumption that the land had never been part of the public domain or that it had been private property even before the Spanish conquest.[8] | |||||