Case Digest (G.R. No. 190817)
Facts:
In Republic of the Philippines v. Rovency Realty and Development Corporation (G.R. No. 190817, January 10, 2018), respondent Rovency Realty and Development Corporation (RRDC) filed on March 22, 2001 before the Regional Trial Court (RTC), Branch 41, Cagayan de Oro City, an amended application for original registration of title under P.D. No. 1529 over Lot No. 3009, Cad-237, Barangay Balulang, Cagayan de Oro City, containing 318,345 square meters. RRDC alleged acquisition by an absolute deed of sale from P.N. Roa Enterprises, Inc. dated March 5, 1997, payment of realty taxes, continuous occupation since acquisition, and adverse possession since time immemorial or at least thirty years. RRDC attached the technical description, survey plans, a CENRO certification declaring the land alienable and disposable, tax declarations dating back to 1947, and the chain of title from 1937 to 1996. On July 16, 2001, the private oppositors, heirs of Atty. Paulino Avanceña, claimed ancestral posseCase Digest (G.R. No. 190817)
Facts:
- Application for Registration
- On March 22, 2001, Rovency Realty and Development Corporation (RRDC) filed an amended application for original registration of Lot No. 3009 (318,345 sqm) in Barangay Balulang, Cagayan de Oro City, alleging acquisition by deed of sale from P.N. Roa Enterprises, Inc. (March 5, 1997), payment of realty taxes, and open, continuous possession since time immemorial.
- RRDC attached the technical description, tracing cloth plan, CENRO certification (alienable and disposable), tax declaration (No. 141011), and deed of sale.
- Oppositions
- Heirs of Paulino Avanceña claimed a homestead patent to their father (c. 1926), continuous exclusive occupation, and no valid sale to RRDC.
- The Republic, via the Solicitor General, opposed on grounds that the land (31.8 ha) exceeds the 12-hectare constitutional limit, remains public domain, and lacks requisite adverse possession since June 12, 1945.
- Trial Court Proceedings
- RRDC presented eight deeds tracing ownership from 1937 to 1996, CENRO certification of alienability, and tax declarations dating from 1947.
- Oppositors offered a DENR Records Management Division certification about missing homestead patent records.
Issues:
- Whether the trial court erred in granting registration of a 318,345 sqm parcel to RRDC despite:
- The 12-hectare limit under Section 3, Article XII of the Constitution;
- Corporation Code restrictions on corporate land acquisition.
- Whether RRDC proved open, continuous, exclusive, and notorious possession under a bona fide claim of ownership since June 12, 1945 or earlier.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)