RAMON ARANDA
vs. REPUBLIC OF THE PHILIPPINES, G.R. No. 172331, August 24,
2011
“x x x.
Petitioner likewise failed to prove the alleged possession of his
predecessors-in-interest. His witness Luis Olan testified that he had been
visiting the land along with his father Lucio since he was 6 years old (he was
70 years old at the time he testified), or as early as 1936. Yet, there
was no evidence that Lucio Olan declared the property for tax purposes at
anytime before he sold it to Anatalio Aranda. There is also no showing that
Anatalio Aranda declared the property in his name from the time he bought it
from Lucio Olan. And even assuming that Lucio actually planted rice and
corn on the land, such statement is not sufficient to establish possession in
the concept of owner as contemplated by law. Mere casual cultivation of the
land does not amount to exclusive and notorious possession that would give rise
to ownership.[22] Specific
acts of dominion must be clearly shown by the applicant.
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.
