MARIA CARLOS, Represented by TERESITA Carlos Victoria Held

2244353663
MARIA CARLOS, represented by TERESITA Held:

CARLOS VICTORIA
The court ruled in negative.
- versus–
Applicants for confirmation of imperfect
REPUBLIC OF THE PHILIPPINES
title must prove the following: (a) that the land
Facts: forms part of the disposable and alienable
agricultural lands of the public domain; and (b)
On December 19, 2001, petitioner Maria that they have been in open, continuous, exclusive,
Carlos, represented by her daughter, Teresita and notorious possession and occupation of the
Carlos Victoria, filed an application for registration same under a bona fide claim of ownership either
and confirmation of title over a parcel of since time immemorial or since June 12, 1945.
land. Petitioner alleged, that she is the owner of
said parcel of land which she openly, exclusively Petitioner has met the first requirement but
and notoriously possessed and occupied since July not the second one. The applicant, Maria Carlos, no
12, 1945 or earlier under a bona fide claim of longer had possession of the property at the time of
ownership; that there is no mortgage or the application for the issuance of a certificate of
encumbrance affecting said property, nor is it part title. The application was filed in court on
of any military or naval reservation; that the December 19, 2001. As admitted, the said land was
property is being used for industrial purposes; and sold to Ususan Development Corporation in 1996.
that there are no tenants or lessees on the property. This clearly contradicts petitioner’s claim that she
Petitioner further claimed that she has been in was in possession of the property at the time that
possession of the subject land in the concept of an she applied for confirmation of title.
owner; that her possession has been peaceful,
public, uninterrupted and continuous since 1948 or Nonetheless, even if it were true that it was
earlier; and tacking her possession with that of her petitioner who had actual possession of the land at
predecessors-in-interest, petitioner has been in that time, such possession was no longer in the
possession of the land for more than 50 years. concept of an owner. Possession may be had in one
of two ways: possession in the concept of an owner
The Republic of the Philippines, and possession of a holder. A possessor in the
represented by the Director of Lands, filed an concept of an owner may be the owner himself or
opposition to petitioner’s application. one who claims to be so. On the other hand, one
who possesses as a mere holder acknowledges in
During the hearing, they presented another a superior right which he believes to be
documentary and testimonial evidence to prove ownership, whether his belief be right or wrong.
their allegations and to establish that the land in
question is disposable and alienable. It was Petitioner herein acknowledges the sale of
however admitted by the petitioner that the said the property to Ususan Development Corporation
land in question was sold to Ususan Development in 1996 and in fact promised to deliver the
Corporation in 1996 but failed to deliver the title. certificate of title to the corporation upon its
Hence, the petitioner made a commitment to the obtention. Hence, it cannot be said that her
corporation to deliver the certificate of title so that possession since 1996 was under a bona fide claim
they could collect the unpaid balance of the of ownership. Under the law, only he who
purchase price. possesses the property under a bona fide claim of
ownership is entitled to confirmation of title.
The trial court granted the application.
However, the Court of Appeals reversed and set
aside the decision of the trial court noting that the
applicant at the time she filed her application for
registration of title was no longer in possession and
occupation of the land in question and thus has no
registrable title over the said land.
Issue:
Whether or not the petitioner was in

possession of the property at the time of the
application for confirmation of title.

MARIA CARLOS, Represented by TERESITA Carlos Victoria Held

Uploaded by

Copyright:

Available Formats

MARIA CARLOS, Represented by TERESITA Carlos Victoria Held

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

MARIA CARLOS, Represented by TERESITA Carlos Victoria Held

Uploaded by

Copyright:

Available Formats

2244353663

MARIA CARLOS, represented by TERESITA Held:

Whether or not the petitioner was in

You might also like