RAMON ARANDA
vs. REPUBLIC OF THE PHILIPPINES, G.R. No. 172331, August 24,
2011
“x x x.
We have held that 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, i.e.,
he must prove his title and should not rely on the absence or weakness of the
evidence of the oppositors.[23] Furthermore,
the court has the bounden duty, even in the absence of any opposition, to
require the petitioner to show, by a preponderance of evidence and by positive
and absolute proof, so far as possible, that he is
the owner in fee simple of the lands which he is attempting to register.[24]Since
petitioner failed to meet the quantum of proof required by law, the CA was
correct in reversing the trial court and dismissing his application for
judicial confirmation of title.
X x x.”
Footnotes:
[14] 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
[15] Republic v. Lao, G.R. No. 150413, July 1, 2003, 405 SCRA
291, 298, citing Seville v. National Development Company, G.R.
No. 129401, February 2, 2001, 351 SCRA 112, 120; Bracewell v. Court of
Appeals, 380 Phil. 156, 162 (2000); Menguito v. Republic, G.R.
No. 134308, December 14, 2000, 348 SCRA 128, 139; and Pagkatipunan v.
Court of Appeals, G.R. No. 129682, March 21, 2002, 379 SCRA 621, 628.
[22] Wee 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).
[23] Arbias v. Republic, G.R. No. 173808, September 17, 2008,
565 SCRA 582, 597, citing Republic v. Intermediate Appellate Court, No.
L-66069, September 28, 1984, 132 SCRA 395, 397, cited in Edao v. Court
of Appeals, G.R. No. 83995, September 4, 1992, 213 SCRA 585, 592.
[24] Id., citing Maloles and Malvar v.
Director of Lands, 25 Phil. 548, 553 (1913), cited in Edao v.
Court of Appeals, id. at 593.
