Thursday, December 01, 2011

Republic of the Philippines vs. Domingo Espinosa. G.R. No. 176885, July 5, 2010.

Public lands; registration. All lands not appearing to be clearly of private dominion presumptively belong to the State. Public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain. The onus to overturn, by incontrovertible evidence, the presumption that the land subject of an application for registration is alienable or disposable rests with the applicant. A notation on the advanced survey plan stating in effect that the subject property is alienable and disposable is not sufficient to establish the actual legal classification of the disputed lot. It is not the kind of evidence required by law to establish that the land is alienable and disposable. The approved survey plan merely identifies the property preparatory to a judicial proceeding for adjudication of title. Republic of the Philippines vs. Domingo Espinosa. G.R. No. 176885, July 5, 2010.

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