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G.R. No. L-64818 May 13, 1991

REPUBLIC OF THE PHILIPPINES,Petitioner, vs. MARIA P. LEE an INTERME!IATEAPPELLATE COURT,Respondents.

FERNAN, C.J.:

In a land registration case, does the bare statement of the applicant that the land applied for has

been in the possession of her predecessors-in- interest for more than 20 years constitute the

"well-nigh incontrovertible" and "conclusive" evidence required in proceedings of this nature?

his is the issue to be resolved in the instant petition for review.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

!n une 2#, $#%&, respondent 'aria (. )ee filed before the then *ourt of +irst Instance now

egional rial *ourt of (angasinan, an application 1for registration in her favor of a parcel of

land consisting of &,/1 square meters, more or less, located at 'angaldan, (angasinan. chanroblesvirtualawlibrarychanrobles virtual lawlibrary

he irector of )ands, in representation of the epublic of the (hilippines, filed an opposition,alleging that neither the applicant nor her predecessors-in-interest have acquired the land under

any of the 3panish titles or any other recogni4ed mode for the acquisition of title5 that neither she

nor her predecessors-in-interest have been in open, continuous, e6clusive and notoriouspossession of the land in concept of owner at least thirty 10 years immediately preceding the

filing of the application5 and that the land is a portion of the public domain belonging to the

epublic of the (hilippines. "chanrobles virtual lawlibrary

7fter trial, the *ourt of +irst Instance3rendered 8udgment on ecember 2#, $#%&, disposing asfollows9

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prevented by war orforce majeure. hese shall be conclusively presumed to have performed all

the conditions essential to a @overnment grant and shall be entitled to a certificate of title under

the provisions of this *hapter.

(rivate respondents testimony on her predecessors-in-interests possession is contained in a one-

page declaration given before a commissioner on ecember 22, $#%&. It reads in full as follows98

*ommissioner9 7tty. 3urdilla, you can now present your evidence. chanroblesvirtualawlibrarychanrobles virtual lawlibrary

7tty. 3urdilla9 I am presenting the applicant, your ;onor.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

*ommissioner9 3wearing under oath the applicant. chanroblesvirtualawlibrarychanrobles virtual lawlibrary

7tty. 3urdilla9chanrobles virtual lawlibrary

F (lease state your name and other personal circumstances.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

7 'aria (. )ee, of legal age, +ilipino citi4en, married to 3tephen )ee, proprietor, and resident of

agupan *ity.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

F 7re you the applicant in this case now? chanrobles virtual lawlibrary

7 Bes, sir, including that of my husband, 3tephen )ee.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

F +rom whom did you acquire said property, sub8ect of registration now? chanrobles virtual lawlibrary

7 +rom 'r. 3i6to

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7 Bes, sir. hey purchased it from the spouses Crbano ia4 and Aernarda Dinluan who

possessed the same for more than 20 years.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

F 3howing to you this document styled as eed of 7bsolute 3ale, dated 7ugust $$, $#%0, is thisthe sale adverted or referred by you? chanrobles virtual lawlibrary

7 Bes, sir.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

7tty. 3urdilla9 7t this 8uncture, may I pray that said deed be marGed as

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though there is no opposition presented against such registration by third persons. . . . In order

that the petitioner for the registration of his land shag be permitted to have the same registered,

and to have the benefit resulting from the certificate of title, finally, issued, the burden is uponhim to show that he is the real and absolute owner, in fee simple."9chanrobles virtual lawlibrary

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(rivate respondent having failed to prove by convincing, positive proof that she has complied

with the requirements of the law for confirmation of her title to the land applied for, it was grave

error on the part of the lower court to have granted her application.chanroblesvirtualawlibrarychanrobles virtual lawlibrary

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