THIRD DIVISION
G.R. No. 197028, October 09, 2013
REPUBLIC OF THE PHILIPPINES, Petitioner, v. CARMEN VICTORIA BELMONTE REPRESENTED BY HER ATTORNEY-IN-FACT, DANIEL C. VICTORIA, JR., Respondent.
D E C I S I O N
MENDOZA, J.:
The Facts
The OSG opposed the application arguing that Belmonte failed to comply with the jurisdictional requirements of Presidential Decree (P.D.) No. 1529.Lot No. 3766
- Approved Conversion Plan for Swo-00-001613;5cralawlibrary
- Technical Description of Lot No. 3766;6cralawlibrary
- Geodetic Engineer’s Certificate;7cralawlibrary
- Tax Declaration No. EL-008-01718;8
Lot No. 5194
Approved Conversion Plan Swo-00-001752;9cralawlibrary
Technical Description of Lot 5194-A;10cralawlibrary
Geodetic Engineer’s Certificate;11cralawlibrary
Tax Declaration No. FL-010-00581;12cralawlibrary
Extrajudicial Settlement of the Estate of the Deceased Daniel Osorio Victoria and Rufina Cruz Victoria;13
Special Power of Attorney.14
WHEREFORE, IN VIEW OF THE FOREGOING CONSIDERATIONS, judgment is hereby rendered granting the verified application for registration of land title under Property Registration Decree (P.D. 1529) filed by applicant Carmen Victoria Belmonte, represented by her Attorney-in-fact, Daniel C. Victoria, Jr., thereby confirming the title of the applicant to the subject properties.On November 22, 2010, the CA affirmed the RTC decision. The CA explained that although Belmonte was not able to present the original tracing cloth plan, she sufficiently established the identity of the subject properties through the certified blueprint copies of the conversion plan, specifically: (1) Conversion Plan for Lot 3766 and (2) Conversion Plan of Lot 5194, which were prepared by Geodetic Engineer Emilia Rivera Sison and duly approved by the Department of Natural Resources Land Management Services. “The Conversion Plan for Lot 3766, was certified correct by Ernesto S. Erive, Chief, Regional Surveys Division and approved by Roquesta E. De Castro, Regional Technical Director on July 29, 1996. Similarly, the Conversion Plan of Lot 5194 was approved on December 18, 1996.”18cralawlibrary
Furnish copy of the instant Decision the Office of the Solicitor General, the Provincial Prosecutor’s Office of Rizal-Pasig, the Land Registration Authority (LRA) and the Adjoining Property Owners.
SO ORDERED.17
THE RECORD IS BEREFT OF PROOF THAT PRIVATE RESPONDENT HAS BEEN IN OPEN, CONTINUOUS, EXCLUSIVE AND NOTORIOUS POSSESSION OF THE SUBJECT LAND SINCE JUNE 12, 1945, OR EARLIER.21The OSG argued that Belmonte failed to prove open, continuous, exclusive and notorious possession of the subject properties since June 12, 1945 or earlier. The tax declarations she submitted for the lots did not indicate possession since June 12, 1945 or earlier. The earliest tax declaration for Lot No. 5194 was dated 1949 and that for Lot No. 3766 only showed 1969. The OSG likewise called the attention of the Court to the fact that the payments of real estate taxes for the subject properties were intermittent. As to the size or the actual area of the subject properties, according to the OSG, there were discrepancies which created doubt as to the identities of the properties being sought to be registered. The OSG wrote that “[t]he tax declaration for Lot No. 3766 for the year 1966 describes the area as six thousand eighty four (6,084) square meters. However, the tax declarations for the year 1974, 1979, 1985, 1991 and 1994 show that the area is measured at six thousand eight hundred eighty four (6,884) square meters. Finally, for 1998, the tax declaration reflects an area of five thousand eight hundred seventeen (5,817) square meters.”22cralawlibrary
SEC. 14. Who may apply.—The following persons may file in the proper Court of First Instance [now Regional Trial Court] an application for registration of title to land, whether personally or through their duly authorized representatives:chanroblesvirtualawlibraryBased on these legal parameters, applicants for registration of title under Section 14(1) must sufficiently establish: (1) that the subject land forms part of the disposable and alienable lands of the public domain; (2) that the applicant and his predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the same; and (3) that his possession has been under a bona fide claim of ownership since June 12, 1945, or earlier.
(1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.
x x x x
Section 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance [now Regional Trial Court] of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:chanroblesvirtualawlibraryx x x x
(b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.chanrob1esvirtualawlibrary
A. Lot No. 3766 - Tax Declarations 429230 for 1966, 896631 for 1974, 120-008-0182832 and 120-008-0138233 for 1979, B-008-0118634 for 1985, C-008-0064835 for 1991, D-008-0062236 for 1994, D-008-0208337 for 1998, EL-008-0171838 for 2000 and Tax Clearance39 for 2003.Belmonte, however, failed to convince the Court that she has met the indispensable requirements of possession since June 12, 1945 or earlier to merit the registration of the title in her name. Possession and occupation alone, for 30 years or more, does not suffice. As provided in P.D. No. 1073, it is mandatory that possession and occupation of the piece of land by the applicant, by himself or through his predecessors-in-interest, had commenced on June 12, 1945 or earlier.53 The burden of proving adverse, continuous, open, and public possession in the concept of an owner rests upon the applicant, by no less than clear, positive and convincing evidence.54cralawlibrary
B. Lot No. 5194 – Tax Declarations 410840 for 1949, 1082541 for 1962, 301642 for 1966, 683243 for 1974, 120-010-00644 and 120-010-0043745 for 1979, B-010-0046446 for 1985, C-010-0022747 for 1991, D-010-0023148 for 1994, D-010-0080149 for 1998, EL-010-0058150 for 2000, FL-010-0058151 for 2002 and Tax Clearance52 for 2003.chanrob1esvirtualawlibrary
The law speaks of possession and occupation. Since these words are separated by the conjunction and, the clear intention of the law is not to make one synonymous with the other. Possession is broader than occupation because it includes constructive possession. When, therefore, the law adds the word occupation, it seeks to delimit the all encompassing effect of constructive possession. Taken together with the words open, continuous, exclusive and notorious, the word occupation serves to highlight the fact that for an applicant to qualify, his possession must not be a mere fiction. Actual possession of a land consists in the manifestation of acts of dominion over it of such a nature as a party would naturally exercise over his own property.chanrob1esvirtualawlibraryAssuming arguendo that somebody cultivated the land, mere casual cultivation of the land does not amount to exclusive and notorious possession that would give rise to ownership.60 Except as to the self-serving declaration made by Marietta, no other evidence was shown by Belmonte to substantiate her statements.
A person who seeks the registration of title to a piece of land on the basis of possession by himself and his predecessors-in-interest must prove his claim by clear and convincing evidence, that is, he must prove his title and should not rely on the absence or weakness of the evidence of the oppositors.62 Evidently, Belmonte’s witnesses were not able to give a concrete, consistent and credible picture of how she exercised dominion or exercised control over the subject properties.
Atty. Elias: And for the guidance of this Court, who is the present tenant, if any, on this property, is there any tenant? Daniel Jr.: Now, no more, sir. Atty. Elias: Since when? Daniel Jr.: Because it (sic) always submerged in the water, if it rains real hard, it’s under water, sir. Atty. Elias: But you mentioned a while ago that there’s somebody in the name of Reyes attended to it? Daniel Jr.: Yes, attended to it. Atty. Elias: Would you know the agreement relative to the fielding of the land? Daniel Jr.: Some sort of so much will go to them and some go to my parents, mas malaki sa kanila.61
Endnotes:
1Rollo, pp. 8-35.cranad
2 Id. at 36-44a. Penned by Associate Justice Jane Aurora C. Lantion, with Associate Justice Andres B. Reyes, Jr. and Associate Justice Japar B. Dimaampao, concurring.cranad
3 Id. at 45-46.cranad
4 Id. at 47-51.cranad
5 Records, p. 6.cranad
6 Id. at 7.cranad
7 Id. at 8.cranad
8 Id. at 9.cranad
9 Id. at 10.cranad
10 Id. at 11.cranad
11 Id.a t 12.cranad
12 Id. at 13.cranad
13 Id. at 14.cranad
14 Id. at 20-21.cranad
15Rollo, pp. 47-51.cranad
16 Id. at 51.cranad
17 Id.cranad
18 Id. at 42.cranad
19 Id. at 52-59.cranad
20 Id. at 8-35.cranad
21 Id. at 19.cranad
22 Id. at 25-30.cranad
23Heirs of Simeon Borlado v. Court of Appeals, 416 Phil 257, 261 (2001).cranad
24International Container Terminal Services, Inc. v. FGU Insurance Corporation, G.R. No. 161539, June 28, 2008, 556 SCRA 194, 119.cranad
25 Exception No. 4.cranad
26 Exception No. 5.cranad
27 AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER PURPOSES.cranad
28 EXTENDING THE PERIOD OF FILING APPLICATIONS FOR ADMINISTRATIVE LEGALIZATION (FREE PATENT) AND JUDICIAL CONFIRMATION OF IMPERFECT AND INCOMPLETE TITLES TO ALIENABLE AND DISPOSABLE LANDS IN THE PUBLIC DOMAIN UNDER CHAPTER VII AND CHAPTER VIII OF COMMONWEALTH ACT NO. 141, AS AMENDED, FOR ELEVEN (11) YEARS COMMENCING JANUARY 1, 1977.cranad
29Alfredo, Preciosa, Angelita & Crisostomo, all surnamed Buenaventura v. Amparo Pascual & Republic of the Phil., G.R. No. 168819, November 27, 2008, 572 SCRA 143, 159.cranad
30 Records, p. 223.cranad
31 Id. at 222.cranad
32 Id. at 220.cranad
33 Id. at 221.cranad
34 Id. at 219.cranad
35 Id. at 218.cranad
36 Id. at 217.cranad
37 Id. at 216.cranad
38 Id. at 9.cranad
39 Id. at 224.cranad
40 Id. at 237.cranad
41 Id. at 236.cranad
42 Id. at 235.cranad
43 Id. at 234.cranad
44 Id. at 232.cranad
45 Id. at 233.cranad
46 Id. at 231.cranad
47 Id. at 230.cranad
48 Id. at 229.cranad
49 Id. at 228.cranad
50 Id. at 227.cranad
51 Id. at 13.cranad
52 Id. at 238.cranad
53Republic of the Philippines v. Hanover Worldwide Trading Corporation, G.R. No. 172102, July 02, 2010, 622 SCRA 730, 739.cranad
54Republic of the Philippines v. East Silverlane Realty Development Corporation, G.R. No. 186961, February 20, 2012, 666 SCRA 401, 421.cranad
55 Tax Declaration No. 4108, Records, p. 237.cranad
56Wee v. Republic of the Philippines, G.R. No. 177384, December 8, 2009, 608 SCRA 72, 83.cranad
57Valiao v. Republic, G.R. No. 170757, November 28, 2011, 661 SCRA 299, 309-310, citing Arbias v. Republic, G.R. No. 173808, September 17, 2008, 565 SCRA 582, 596.cranad
58 TSN dated May 26, 2005, p. 5.cranad
59 471 Phil. 607, 620 (2004).cranad
60Wee v. Republic, G.R. No. 177384, December 8, 2009, 608 SCRA 72, 83, citing Director of Lands v. Judge Reyes, 160-A Phil. 832, 851 (1975) and Ramirez and Bayot de Ramirez v. Director of Lands, 60 Phil. 114 (1934).cranad
61 TSN dated June 24, 2004, pp. 20-21.cranad
62Arbias v. Republic, G.R. No. 173808, September 17, 2008, 565 SCRA 582, 597, citing Republic v. Intermediate Appellate Court, 217 Phil. 374, (1984), cited in Edaño v. Court of Appeals, G.R. No. 83995, September 4, 1992, 213 SCRA 585, 592.cranad
63 G.R. No. 179987, page 12.