RAMON
ARANDA vs. REPUBLIC OF THE PHILIPPINES, G.R. No. 172331, August 24, 2011
“x x x.
The Property Registration Decree (P.D. No. 1529)
provides for original registration of land in an ordinary registration
proceeding. Under Section 14(1)[14] thereof,
a petition may be granted upon compliance with the following requisites: (a)
that the property in question is alienable and disposable land of the public
domain; (b) that the applicants by themselves or through their
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation; and (c) that such possession is under a bona
fide claim of ownership since June 12, 1945 or earlier.
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.
