616 Phil. 862
CARPIO MORALES, J.:
N.: Lot 9316 - Esperanza Manlabao - - - - - Rizal, Nabas, Aklan
Lot 9317 - Jovita Colindon - - - - - - - - Rizal, Nabas, Aklan Molada River E.: Lot 9308 - Ursula Janoya - - - - - - - - - Rizal, Nabas, Aklan Lot 9309 - Gaudioso Baliguat - - - - - - Rizal, Nabas, Aklan S.: - - - - - - - - - - - - - - - - - - - - - - - - - - - Molada River W.: Lot 9315 - Rosario Manlabao - - - - - - Rizal, Nabas, Aklan.[1]
Section 14. Who may apply. The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
(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.
(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.
x x x x
(4) Those who have acquired ownership of land in any other manner provided for by law.
x x x x
WHEREFORE, premises considered, judgment is hereby rendered GRANTING the application for registration of the parcel land designated in the approved Survey Plan (Exhibit "C") known as Lot No. 9310, Cad. 758-D, Nabas Cadastre and described in the Technical Description (Exhibit "D") with an area of TWENTY FIVE THOUSAND NINE HUNDRED SIXTY NINE (25,969) SQUARE METERS, more or less, situated at Barangay Rizal, Municipality of Nabas, Province of Aklan, Island of Panay, Philippines, under the Property Registration Decree (PD 1529), and title thereto registered and confirmed in the name of DANTE ABRIL, Filipino citizen, married to Helen Castillo, with postal address at 133 Magsaysay Cataquez Village, Landayan, San Pedro, Laguna, Philippines.
After this decision shall have become final and executory, an order for the issuance of the Decree of Registration of Title shall issue in favor of the applicant.
SO ORDERED. [5]
I
. . . to submit the original tracing cloth plan.II
. . . to prove that the land is alienable and disposable land of the public domain.III
. . . to prove that he and his predecessors-in-interest had been in open, continuous and adverse possession of the land in the concept of owners for more than thirty (30) years in accordance with Section 44, Commonwealth Act No. 141 as amended.[6] (Underscoring supplied)
As long as the identity of the location of the lot can be established by other competent evidence like a duly approved blueprint copy of the plan of Lot 9310, Cad - 758-D, Nabas Cadastre and technical description of the said lot, containing and identifying the boundaries, actual area and location of the lot, the presentation of the original tracing cloth plan may be excused. In the case at bench, these competent evidence are obtaining.[7] (Underscoring supplied)
Applicant Dante Abril has the property subject of this application declared in his name for taxation purposes, Exhibit "S", and paid taxes thereof from September 21, 1994 up to the present, it has never been disturbed of its possession at anytime by anybody, (tsn. p. 7, 6/18/99, Manuel C. Blanco, Jr.). That the property is planted to coconuts and mango trees which are "from 50 to 60 years old", (tsn. p. 7, 6/18/99, Manuel C. Blanco, Jr.). That it "was verified by this office to be within Project No. 12, alienable and disposable per LC Map No. 2922 certified as such on October 15, 1980.
While it is true that by themselves tax receipts and declarations of ownership for taxation purposes are not incontrovertible evidence of ownership they become strong evidence of ownership acquired by prescription by proof of actual possession of the property (Republic vs. Court of Appeals, 131 SCRA 532)". Nobody ever disturbed the application in its possession up to the present. The land was never mortgaged nor encumbered. That the land subject of this application is "not needed by the government", Exhibit "T".
Having been in open, exclusive and undisputed possession for more than 30 years of alienable and disposable public land, applicant's possession has attained the character and duration equivalent to an express grant from the government. They shall be conclusively presumed to have performed all the conditions essential to a government grant and shall be entitled to a certificate of title (Republic vs. De Porkan, 151 SCRA 88). Alienable public land held by a possessor personally or thru his predecessor-in-interest, openly, continuously, for 30 years as prescribed by law, becomes private property (Director of Lands vs. Bengson, 151 SCRA 369). Moreover, where a parcel of land, registration to which is applied for has been possessed and cultivated by an applicant and his predecessors-in-interest for a considerable number of years without the government taking any action to dislodge the occupants from their holdings and where the lands has passed from one hand to another by inheritance or by purchase, the burden is upon the government to prove that land is a public domain (Raymundo vs. Diaz, et al., 28 O.G. 37, September 10, 1962).[8] (Citation omitted)
SECTION 14. Who may apply. -- The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
(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 (Emphasis and underscoring supplied)
x x x x
2. LRA Records show that the same subject lot was previously the subject of registration of title in Land Reg. Case No. 430, LRA Record No. N-65380 by the same applicant, however, said application was denied for the following reasons as quoted from the decision dated 2 October 1996, to wit:2. The applicant has not shown that he and his predecessors-in-interest have been in continuous, exclusive and notorious possession of the subject property. The petition did not state in what manner the applicant or his predecessors-in-interest came into possession of the property, either by possession as owner for more than thirty (30) years or possession since time immemorial. The testimony of Emilia Baldevieso who is only 33 years old to the effect that her father, Aurelio Manlaban [sic], Sr., and before him, her grandfather, Martin Manlabao, were the prior owners of this property, are more conclusion of law which requires factual support and substantiation. Of course, the Court noted that the applicant tried to cure this deficiency by presenting tax declarations as early as 1953 in the name of Martin Manlabao but tax declarations are not sufficient to prove ownership. x x x
3. A letter of the Chief, Surveys Division, Lands Management Services, Region VI, Iloilo City dated August 13, 1999 was received by this Authority, with the information that lot 9310, plan Ap-06-005304 is not a portion of previously approved isolated survey, and
4. This Authority is not in a position to verify whether or not the parcel of land subject of registration is already covered by land patent.[10] (Emphasis and underscoring supplied)
The testimonies of respondent's witnesses only delved on the transfer of the subject property from a certain Aurelio Manlabao [sic] sometime in 1994. The testimony of witnesses Amalia Tapleras only tends to show that the subject property previously belonged to her father, Aurelio Manlabao. There is nothing from her testimony that would show the period when Aurelio Manlabao or the latter's heirs had been in possession of said property. Neither is there any evidence of specific acts showing the same nature of possession of Aurelio Manlabao or the latter's successors in-interest over the property. Equally important, it was not even clearly shown how the property was transferred from Aurelio Manlabao to his heirs, the vendors of the property to respondent.
The testimony of respondent's attorney-in-fact Manuel C. Blanco with respect to the alleged actual, peaceful and adverse possession of respondent is merely conclusion of law unsupported by any evidence. His testimony that the property has been declared for taxation purposes in the name of respondent and that respondent has never been disturbed of his possession over the property from the time the property was transferred to him in 1994 does not prove respondent's nature of possession over the property. His statement regarding the existence of coconut trees which are about 50 to 60 years old is also unsupported by any independent and competent evidence. Even assuming it is true, its only supports the character of the property as timberland the possession thereof cannot ripen into ownership. It also bears pointing out that Manuel C. Blanco did not even try to point any cultivation or improvement done by respondent on the property.
The testimony of sixty-two year old witness Sanrita Francisco does not suffice to establish that Aurelio Manlabao had adverse possession of the property before 1945 as claimed by respondent. Although she claims that at the age of five, she remembered Aurelio Manlabao in possession of the land, her statement remained vague considering her claim that Aurelio Manlabao held the land "for a long time because it was their land." The same witness could not even remember her age during the second World War which was the time Aurelio Manlabao allegedly started possession of the property. She did not even specify the manner and the nature of the improvements introduced in the land. Given her failing recollection, her testimony does not deserve credence.
Clearly, the evidence adduced by respondent failed to establish the nature of possession by him and his predecessors-in-interest.
There was even no documentary proof on any payment made by the predecessors-in-interest of the real estate tax on the subject property. This failure to pay taxes belies respondent's allegation that his predecessors-in-interest had asserted claim or interest over the subject lot.
Equally important, there was no proof that Aurelio Manlabao or his heirs had introduced improvements on the property or cultivated the same during the alleged period that they were in possession of the property. x x x[11]