Case Digest (G.R. No. 175177)
Facts:
Republic of the Philippines v. The Gloria Jaralve (substituted by Alan Jess Jaralve Documento, Jr.), et al., G.R. No. 175177, October 04, 2012, the Supreme Court First Division, Leonardo-De Castro, J., writing for the Court.On October 22, 1996, Gloria Jaralve and co-applicants filed with the Regional Trial Court (RTC), Branch 20, Cebu City an application for original registration under Presidential Decree No. 1529 covering Lot SGS-07-000307 (about 731,380 sq. m.), later amended to join additional applicants including Danilo Deen and Eric Anthony Deen; the petitioners in the RTC proceedings (hereafter “respondents”) claimed acquisition by purchase and uninterrupted possession since June 12, 1945. They supported the application with survey plans, deeds of sale, tax clearances, a Geodetic Engineers certificate, a CENRO certification dated March 20, 1996 declaring most of the parcel alienable and disposable, and a DENR Region 7 certification that no subsisting land application covered the property.
Multiple oppositions were filed: several private heirs and claimants (including the Heirs of Agaton Tabanas, Aznar Enterprises and Aznar Brothers Realty, Ponciano Tabanas Ybiernas, Rufina and Julia Ragasajo), National Power Corporation, and the DENR Region VII (through Regional Executive Director Jeremias Dolino) who asserted the land was timberland, part of a reforestation project, and that the CENRO certificate had been issued in error and later recalled. The Republic, represented by the Director of Lands, also opposed, arguing the applicants failed to prove open, continuous and exclusive possession since 1945 and that the land remained public domain.
At trial the respondents offered oral testimony from numerous occupants and witnesses, plus Forester and Geodetic Engineer testimony that a CENRO land-evaluation party conducted a segregation/verification survey on November 4, 1995 and prepared the plan that formed the basis of the CENRO certificate. The DENR later revoked/ recalled that CENRO certification by memorandum dated March 12, 1998. The RTC, in a November 15, 2002 decision, accepted the respondents’ evidence, credited the CENRO certification and surveys, found the applicants met the requisites under Commonwealth Act No. 141, Sec. 48(b) (as amended) and PD 1529, and ordered registration and issuance of titles in the applicants’ names in specified shares.
The Republic, several private oppositors and DENR appealed to the Court of Appeals (CA-G.R. CV No. 78633). The Court of Appeals affirmed the RTC in a June 28, 2006 decision, concluding that the private oppositors failed to prove identity of the parcels they claimed and that the petitioner failed to controvert that the subject property was within the alienable and disposable portion. Motions for reconsideration were denied by the Court of Appeals on October 27, 2006. Several oppositors sought review in the Supreme Court: appeals by Aznar Enterprises (G.R. No. 175568) and the Heirs of Agaton Tabanas (G.R. No. 175397) were dismissed for procedural defects or failure to show reversible error. The Republic filed the present Petition for Review on Certiorari under Rule 45, challenging the CA’s affirmation and contending that the applicant...(Pro-only)
Issues:
- Does the petition for review under Rule 45 present a question of law (and thus is properly before this Court) or is it purely factual?
- Did the applicants prove that the subject land was alienable and disposable public domain such that original registration under PD 1529 ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)