“right to register land”
Facts:
The appellant Republic implores before the court to set aside the decision of the CA declaring the ownership of a parcel of land in favor of Democrito Plazas. Plazas filed a petition for registration and confirmation of his title over the land in dispute contending that he is the owner thereof by virtue of an absolute deed of sale and that his predecessor-in-interests have been in open, continuous, exclusive and notorious possession and occupation of the same. The Republic filed in opposition to said motion assailing on the contrary while invoking that the land belongs to a public dominion and not subject for private appropriation. The land is subject to a request by the DENR for a Presidential Proclamation to reserve the land for Slum Improvement and Resettlement Site of the NHA.
Issue:
Whether or not the appellee has the right to register the land title under his name.
Ruling:
The court ruled that there is clear and convincing evidence that the appellee has established possession over the land for 30 years. His bona fide claim of ownership is evidenced by the tax payment receipts, deed of sale, tax declaration, improvements made on the land and developing it into a ricefield. The issuance of Proclamation No. 679 that the land is withdrawn from alienable portion of a public domain pursuant to the slum improvement and resettlement project of the NHA does not prohibit the registration of title by a person who claims and able to prove ownership thereof. Registration does not vest title but only serve merely as evidence of such title. Paragraph 10 of LOI No. 555 provides that any privately owned land declared to be included in the NHA project may be acquired by the State through expropriation. Proclamation No. 679 does not provide a valid justification to deny an individual for a land title registration.
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