[ Manila Bulletin Online ] October 7, 2008
By REY G. PANALIGAN
The Supreme Court (SC) has affirmed a Court of Appeals (CA) decision that dismissed the petition for original registration of the title of 600-square meters of land in Estancia, Iloilo.
In a decision written by Justice Minita V. Chico Nazario, the SC said the CA correctly reversed the ruling of the Iloilo City Regional Trial Court (RTC) because the applicant for registration, Fernanda Arbias, failed to prove her possession of the land for the period required by law.
It also upheld the finding of the appellate court that Arbias failed to establish the classification of the property sought to be registered in her name as an alienable and disposable land of the public domain.
The SC pointed out that Presidential Decree (PD) No. 1529 or the Property Registration Decree provides that "persons 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 may file in the proper trial court an application for registration of title to the land, whether personally or through their duly authorized representatives."
Thus, it said, applicants for registration under PD 1529 must prove "possession of the subject land under a bona fide claim of ownership from June 12, 1945 or earlier, and the classification of the land as an alienable and disposable land of the public domain."
"In the case at bar, petitioner (Arbias) miserably failed to discharge the burden of proof imposed on her by the law," the SC said.
In 1996, Arbias filed an application for registration of the title of 600 square-meters of land she purchased from Lourdes Jardeleza in 1993. After complying with all documentary requirements, the RTC heard the application. The Office of the Solicitor General (OSG) deputized the City Prosecutor of Iloilo City to represent the government.
After hearing, the trial court — in a decision issued on June 26, 2000 — granted Arbias’ application and issued a decree for registration in her favor. It also ordered that after the issuance of the decree, the corresponding certificate of title must be issued in the name of Arbias.
The OSG elevated the case to the CA which reversed the trial court and dismissed Arbias’ application for original registration of title. Arbias brought the issue before the SC.
