Petitioner Vs Vs Respondent: Third Division
Petitioner Vs Vs Respondent: Third Division
Petitioner Vs Vs Respondent: Third Division
DECISION
YNARES-SANTIAGO , J : p
This petition for review on certiorari assails the April 25, 2006 Decision 1 of the
Court of Appeals in CA-G.R. CV No. 76085, which reversed and set aside the January 16,
2002 Decision 2 of the Municipal Trial Court of Mangaldan, Pangasinan in Land
Registration Case No. 99-023, and the November 20, 2006 Resolution 3 which denied
petitioner's motion for reconsideration.
The antecedent facts are as follows.
On July 1, 1999, petitioner Charles L. Ong (petitioner) in his behalf and as duly
authorized representative of his brothers, namely, Roberto, Alberto and Cesar, led an
Application for Registration of Title 4 over Lot 15911 (subject lot) situated in Barangay
Anolid, Mangaldan, Pangasinan with an area of ve hundred seventy four (574) square
meters, more or less. They alleged that they are the co-owners of the subject lot; that
the subject lot is their exclusive property having acquired the same by purchase from
spouses Tony Bautista and Alicia Villamil on August 24, 1998; that the subject lot is
presently unoccupied; and that they and their predecessors-in-interest have been in
open, continuous and peaceful possession of the subject lot in the concept of owners
for more than thirty (30) years.
After due notice and publication, only respondent Republic of the Philippines
(respondent), represented by the O ce of the Solicitor General, opposed the
application for registration of title. Respondent asserted that neither applicants nor
their predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation of the subject lot since June 12, 1945 or earlier as required
by Section 48 (b) of Commonwealth Act No. 141, as amended by Presidential Decree
(P.D.) No. 1073; that applicants failed to adduce any muniment of title to prove their
claims; that the tax declaration appended to the application does not appear genuine
and merely shows pretended possession of recent vintage; that the application was
led beyond the period allowed under P.D. No. 892; and that the subject lot is part of
the public domain which cannot be the subject of private appropriation.
On January 16, 2002, the trial court rendered a Decision in favor of petitioner and
his brothers, viz:
The foregoing evidences presented by the applicant indubitably
established su cient basis to grant the applicant ( sic) for registration.
Originally, the whole parcel of land was owned by spouses Teo lo Abellera and
Abella Charmine who acquired the same by virtue of a Deed of Sale from
Cynthia Cacho, Agustin Cacho, Jr., Jasmin Cacho, Jover Cacho and Lauro
Cacho. Later, they sold the same parcel of land to spouses Tony C. Villamil and
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Alicia Bautista, who in turn sold the same land to herein applicants.
The same parcel of land has been declared in the name of the applicant
and her predecessors-in-interest and its taxes has (sic) been religiously paid.
The said circumstances further show that the possession and ownership
of the applicant and her (sic) predecessors-in-interest over the same parcel of
land has (sic) been continuous and peaceful under bona de claim of
ownership before the ling of the instant application for registration on [July 1,
1999].
WHEREFORE, after con rming the Order of General Default, the Court
hereby orders and decrees the registration of a parcel of land as shown on plan
ap-01-004897 approved by the Bureau of Land(s) situated in Barangay Anolid,
Mangaldan, Pangasinan, containing an area of Five Hundred Seventy Four
(574) square meters, subject of the application for registration of title, in
accordance with Presidential Decree No. 1529, in favor of CHARLIE L. ONG in
his behalf and as representative of his brothers namely, ROBERTO L. ONG,
ALBERTO L. ONG and CESAR L. ONG.
Furnish copies of this Decision to the O ce of the Solicitor General,
Makati City, Metro Manila, the O ce of the Provincial Prosecutor, Dagupan City,
Atty. Celestino Domingo Jr., the O ce of the Land Registration Authority,
Quezon City, as well as the applicant.
SO ORDERED. 5
22. Id.
23. TSN, October 3, 2000, p. 6; records, p. 135.
24. Republic v. Enciso, supra note 8 at 713.
25. Abejaron v. Court of Appeals, supra note 9 at 572.