Specific Evidence of Ownership Flashcards
In case case where only a portion of the land subject of registration is contested (Sec.28; Partial Judgement)
Court may render partial judgement…
PROVIDED:
That a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court.
What is the effect when the oppositor sufficiently proved his title or ownership over the land? (Sec. 29; Judgment Confirming Title)
All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court.
If the court, after considering the evidence and reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor, to the land or portions thereof.
When does the judgement in land registration proceedings become final? (Sec. 30)
[It] becomes final upon the expiration of thirty (30) days to be counted from the data of receipt of notice of the judgement.
An appeal may be taken from the judgment of the courts as in ordinary civil cases.
Duty to Cause Issuance of Decree (Sec 30)
After judgement has become final and executory, it shall devolve upon the COURT to forthwith issue an order in accordance with Section 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration.
What are evidences required to prove classification?
(a) Presidential Proclamation and other executive acts,including LC maps, reports or certification of District Forester or Bureau of Land Investigator.
(b) Legislative Acts (e.g. RA no. 3990)
Evidences as to the Identity of the Land?
Survey plan of the property which shows he boundaries and total area clearly identifying and delineating the extent of land, must be approved by the Bureau of Lands; otherwise, it cannot be considered as evidence.
(Even if duly approved, the survey plan is not entitled to credit if the survey lan shows that the lots sought to be registered have areas very much bigger than those indicated in the tax declaration of the same lots.)
Spouses Recto v. Republic (Substantial Compliance Rule)
While the best evidence to identify a piece of land for registration purposes is the original tracing cloth plan from the Bureau of Lands, blue print copies and other evidence could also provide sufficient identification.
In Republic v. Court of Appeals, blueprint copy of the cloth plan together with the lots’s technical description duly certified as to their correctness by the Bureau of Lands are sufficient to identify the land for registration.
Can Tax Declarations be used as evidence as to the Identity of the land? (Director of Lands v. Funtilar)
Yes.
[When] certain discrepancies, if logically explained later, do no make doubtful, the identification of the property as mad, understood and accepted by the parties of the case.
What about Tax Decaration and Realty Tax Payments as evidence of ownership?
They become strong evidence of ownership acquired by prescription when accompanied by proof of actual possession of the property or supported by other effective proof.
They are also good indicia of possession in the concept of an owner.
Director of Lands v. CA and Divinaflor
belated declaration of property for tax purposes does not necessarily lead to the conclusion that the predecessors were not in possession of the lands as required by law since 1945.
What is the Doctrine of Constructive Possession?
The general rule is that the possession and cultivation of a portion of tract under a claim of ownership of all is a constructive possession of all, if the remainder is not in the adverse possession of another.
Actual Possession (Ramos v. Dir. of Lands)
Consist in the manifestation of acts of dominion over it of such. nature as a party would naturaly exercise over his property.
Possession as a Mode of Acquiring Ownership
The land, upon completion of the requisite period, ipso jure and without the need of judicial order or other sanctions, ceases to be public land and become private property.
The possessor is deemed to have acquired by operation of law, a right grant a government grant. Without the necessity of a certificate of title being issued.
