Republic Vs Cortez Digest
Republic Vs Cortez Digest
Republic Vs Cortez Digest
PHILIPPINES VS CANDY
MAKER, INC.
(GR.NO. 163766, June. 22, 2006)
Facts:
On April, 29, 1999, Antonia,
Eladia, and Felisa, all
surnamed Cruz,
executed a Deed of Absolute Sale
in favor of Candy Maker, Inc. for a
parcel of
land located below the
reglementary lake elevation of
12.50m, about 900 meters
away the Laguna de Bay. Candy
Maker, Inc. as applicant, filed an
application
with the MTC of Taytay, Rizal for
registration of it’s alleged title over
the lot.
The CENRO of Antipolo City
declared the land to fall within the
alienable
and disposable zone. On the
otherhand, the Land
Registration Authority
recommended the exclusion of lot
no. 3138-B on the ground that it is
a legal
easement and intended for public
use, hence, inalienable and
indisposable. On
July 2001, the Republic of the
Philippines, the LLDA filed it’s
opposition which
alleged that the lot subject of the
application for registration may not
be alienated
and disposed since it is considered
part of the Laguna Lake Bed, a
public land
within, it’s jurisdiction.
Issue:
Whether the property subject of
the amended application is
alienable
and disposable property of the
State, and if so, whether respondent
adduced the
requisite quantum of evidence to
prove it’s ownership over the
property?
Held:
The property subject of this
application was alienable and
disposable
public agricultural land. However,
respondent failed to prove that it
possesses
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by Christiaan Castillo