Case Digest (G.R. No. 257608)
Facts:
In Republic of the Philippines v. T.A.N. Properties, Inc., T.A.N. Properties, Inc. (respondent) filed on 31 August 1999 an Application for Original Registration of Title over Lot 10705-B, cad. 424, Sto. Tomas Cadastre, comprising 56.4007 hectares in San Bartolome, Sto. Tomas, Batangas. Notices of initial hearing on 11 November 1999 were duly published in the Official Gazette and the People’s Journal Taliba, and posted in public places, yet no oppositor appeared except for the Republic of the Philippines, represented by the Director of Lands (petitioner), which filed its Opposition on 7 October 1999. On 15 November 1999, the Regional Trial Court (RTC) Branch 6 of Tanauan, Batangas, rendered an Order of General Default against the whole world except petitioner; this default was briefly set aside to allow Ceferino Carandang to oppose, then reinstated on 13 December 1999 after Carandang’s failure to file a written opposition. During hearings on 13–14 December 1999, respondent presenCase Digest (G.R. No. 257608)
Facts:
- Application and Land Description
- T.A.N. Properties, Inc. filed an Application for Original Registration (Land Registration Case No. T-635) covering Lot 10705-B, Csd-04-019741, a 564,007 sqm (56.4007 ha) parcel in Barangay San Bartolome, Sto. Tomas, Batangas.
- The trial court set the initial hearing on 11 November 1999; the notice was published in the Official Gazette (20 September 1999) and People’s Journal Taliba (18 October 1999), and posted at the municipal building and on the land; adjoining owners and government agencies were notified.
- Trial Court Proceedings
- On 11 November 1999, only the Republic of the Philippines (Director of Lands) opposed; on 15 November 1999, the court issued an Order of General Default against all except the Republic.
- Ceferino Carandang appeared as oppositor on 19 November 1999 but failed to file opposition; default was reinstated on 13 December 1999.
- Respondent presented three witnesses:
- Anthony Dimayuga Torres (operations manager)—identified application and chain of title.
- Primitivo Evangelista—testified to adverse possession since 1942 by Prospero Dimayuga (Kabesang Puroy), succession to Antonio Dimayuga (1960 donation), partial revocation to Prospero (1961), sale to T.A.N. (8 August 1997).
- Regalado Marquez (LRA Records Officer)—authenticated documentary exhibits (survey plans, technical descriptions).
- Decisions Below
- RTC (16 December 1999): adjudicated title to T.A.N. on the ground that a corporation and its predecessors possessed the land in the concept of an owner for over 30 years.
- CA (21 August 2002): affirmed in toto, holding that Evangelista’s testimony was credible (as a neighbor in a small community), no statutory requirement for multiple witnesses, and Torres competent on acquisition facts.
- Petition to the Supreme Court
- T.A.N. Properties, Inc. (through the Director of Lands) appealed:
- Alleged absence of clear proof of open, continuous, exclusive, notorious possession since 12 June 1945.
- Contended that a private corporation is disqualified from acquiring alienable public lands by original registration.
Issues:
- Classification
- Whether the land is alienable and disposable.
- Possession
- Whether respondent or its predecessors had open, continuous, exclusive, notorious possession and occupation in the concept of an owner since June 1945 or earlier.
- Qualification
- Whether a private corporation is qualified under the Public Land Act and the 1987 Constitution to apply for registration of alienable public land.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)