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    Facts 1

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    Monalizts D.
    The Philippine Episcopal Church (PEC) filed a complaint against Ambrosio Decaleng and Fabian Lopez claiming they were illegally occupying portions of properties called Ken-geka and Ken-gedeng that belonged to PEC. The trial court sided with the defendants but the Court of Appeals overturned this decision, declaring PEC the rightful owner. Decaleng and Lopez appealed but the Court of Appeals denied their motion. The Supreme Court agreed with the Court of Appeals and found that Decaleng failed to prove the property was acquired legally from the government and therefore belonged to the public domain, upholding PEC's ownership.

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    Facts 1

    Uploaded by

    Monalizts D.
    66 views2 pages
    The Philippine Episcopal Church (PEC) filed a complaint against Ambrosio Decaleng and Fabian Lopez claiming they were illegally occupying portions of properties called Ken-geka and Ken-gedeng that belonged to PEC. The trial court sided with the defendants but the Court of Appeals overturned this decision, declaring PEC the rightful owner. Decaleng and Lopez appealed but the Court of Appeals denied their motion. The Supreme Court agreed with the Court of Appeals and found that Decaleng failed to prove the property was acquired legally from the government and therefore belonged to the public domain, upholding PEC's ownership.

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    The Philippine Episcopal Church (PEC) filed a complaint against Ambrosio Decaleng and Fabian Lopez claiming they were illegally occupying portions of properties called Ken-geka and Ken-gedeng that belonged to PEC. The trial court sided with the defendants but the Court of Appeals overturned this decision, declaring PEC the rightful owner. Decaleng and Lopez appealed but the Court of Appeals denied their motion. The Supreme Court agreed with the Court of Appeals and found that Decaleng failed to prove the property was acquired legally from the government and therefore belonged to the public domain, upholding PEC's ownership.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    Facts 1

    Uploaded by

    Monalizts D.
    The Philippine Episcopal Church (PEC) filed a complaint against Ambrosio Decaleng and Fabian Lopez claiming they were illegally occupying portions of properties called Ken-geka and Ken-gedeng that belonged to PEC. The trial court sided with the defendants but the Court of Appeals overturned this decision, declaring PEC the rightful owner. Decaleng and Lopez appealed but the Court of Appeals denied their motion. The Supreme Court agreed with the Court of Appeals and found that Decaleng failed to prove the property was acquired legally from the government and therefore belonged to the public domain, upholding PEC's ownership.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Facts:

    The Bishop of the Missionary District of the Philippine Islands of the


    Protestant Episcopal Church in the United States of America, otherwise known as
    the Philippine Episcopal Church (PEC), is a religious corporation duly organized
    and registered under the laws of the Republic of the Philippines.
    PEC-EDNP filed before the Regional Trial Court (RTC), a Complaint
    for Accion Reinvindicatoria and Accion Publiciana against Ambrosio Decaleng and
    Fabian Lopez (Lopez).
    PEC-EDNP contended that Ambrosio Decaleng and Lopez refused to vacate
    the portions of Ken-geka and Ken-gedeng properties that they are
    occupying. Ambrosio Decaleng and Lopez claimed to be the owners of said portions,
    but PEC-EDNP maintained that such claim is illegal and baseless in fact and in
    law. PEC-EDNP likewise challenged the sale of Portion 2 of Ken-gedeng by
    Ambrosio Decaleng to Lopez for being unlawful and void.
    The RTC Decision rendered in accordance with the prayer of the defendants.
    The PEC-ENDP filed a Motion for Reconsideration,but the RTC denied the
    motion.
    PEC-EDNP filed an appeal before the CA. The CA rendered its Decision,
    overturning the appealed RTC Decision because it was based on misplaced premises
    and contrary to law and jurisprudence. The CA declared PEC-EDNP the true and
    real owner of the Ken-geka and Ken-gedeng properties.
    Spouses Decaleng and Lopez timely filed a Motion for Reconsideration of the
    foregoing Decision but it was denied by the appellate court. The spouses Decaleng
    (sans Lopez) sought the recourse before the Court via the instant Petition for Review
    on Certiorar.
    Therefore, only the spouses Decalengs Petition is still pending action by this
    Court.
    Issue:
    whether or not the properties were still part of the public
    domain when occupied by the spouses Decalengs predecessors-in-
    interest.

    Held:
    No, The spouses Decalengs failed to show that he or any of his predecessors in
    interest had acquired the lot from the Government, either by purchase or by grant, under
    the laws, orders and decrees promulgated by the Spanish Government in the Philippines,
    or by possessory information under the Mortgage Law (section 19, Act 496). All lands that
    were not acquired from the Government, either by purchase or by grant, belong to the
    public domain. The Decision of the Court of Appeals for awarding to PEC-EDNP their
    ancestral properties.
    PEC-EDNP averred that it and its predecessors-in-interest occupied the Ken-
    gedeng property openly, adversely, continuously, and notoriously in en concepto de
    dueo since the American Missionaries arrived in the Mountain Province. PEC-
    EDNP and its predecessors-in-interest have introduced valuable improvements on
    the Ken-gedeng property through the years. The Ken-gedeng property was surveyed
    on August 22, 1947 and said survey was approved by the Director of Lands
    Ambrosio Decaleng illegally and forcibly entered two portions of the Ken-gedeng
    property.
    The Court fully agrees with the Court of Appeals that the same constitutes a
    collateral attack of Certificate of Title No. 1. It is a hornbook principle that a
    certificate of title serves as evidence of an indefeasible title to the property in favor
    of the person whose name appears therein.

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