Monday, December 05, 2011

Republic of the Philippines v. Teodoro P. Rizalvo, Jr., G.R. No. 172011, March 7, 2011.

P.D. No. 1529; requisites for registration of title. Existing law and jurisprudence provides that an applicant for judicial confirmation of imperfect title must prove compliance with Section 14 of Presidential Decree (P.D.) No. 1529 or the Property Registration Decree. The pertinent portions of Section 14 provide: 

SEC. 14. Who may apply.—The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives: 

(1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. 
(2) Those who have acquired ownership of private lands by prescription under the provisions of existing laws. x x x x 

Under Section 14 (1), applicants for registration of title must sufficiently establish first, that the subject land forms part of the disposable and alienable lands of the public domain;second, that the applicant and his predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the same; and third, that it is under a bona fide claim of ownership since June 12, 1945, or earlier. Republic of the Philippines v. Teodoro P. Rizalvo, Jr., G.R. No. 172011, March 7, 2011.

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