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Court of First Instance

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Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. L-64818 May 13, 1991
REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
MARIA P. LEE and INTERMEDIATE APPELLATE COURT, respondents.
Pedro M. Surdilla for private respondent.
FERNAN, C.J.:p
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? This is the issue to be resolved in the instant
petition for review.
On June 29, 1976, respondent Maria P. Lee filed before the then Court of First Instance (now Regional Trial
Court) of Pangasinan, an application
1
for registration in her favor of a parcel of land consisting of 6,843 square
meters, more or less, located at Mangaldan, Pangasinan.
The Director of Lands, in representation of the Republic of the Philippines, filed an opposition, alleging that
neither the applicant nor her predecessors-in-interest have acquired the land under any of the Spanish titles or
any other recognized mode for the acquisition of title; that neither she nor her predecessors-in-interest have
been in open, continuous, exclusive and notorious possession of the land in concept of owner at least thirty
(30) years immediately preceding the filing of the application; and that the land is a portion of the public domain
belonging to the Republic of the Philippines.
2
After trial, the Court of First Instance
3
rendered judgment on December 29, 1976, disposing as follows:
WHEREFORE, pursuant to the Land Registration Law, Act No. 496, as amended by Republic
Acts Nos. 1942 and 6236, the Court hereby confirms the title of the applicants over the parcel
of land described in Plan Psu-251940 and hereby adjudicates the same in the name of the
herein applicants, spouses Stephen Lee and Maria P. Lee, both of legal age, Filipino citizens
and residents of Dagupan City, Philippines, as their conjugal property.
Once this decision becomes final, let the corresponding decree and title issue therefor.
SO ORDERED.
4
The Republic of the Philippines appealed to the then Intermediate Appellate Court (now Court of Appeals),
which however affirmed the lower court's decision in toto on July 29, 1983.
5
Hence, this petition based on the following grounds:
6
The Intermediate Appellate Court erred:

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A. IN NOT FINDING THAT THE RESPONDENT MARIA P. LEE HAS FAILED TO
ESTABLISH BY CONCLUSIVE EVIDENCE HER FEE SIMPLE TITLE OR IMPERFECT TITLE
WHICH ENTITLES HER TO REGISTRATION EITHER UNDER ACT NO. 496, AS AMENDED
(LAND REGISTRATION ACT) OR SECTION 48 (B), C. A. NO. 141, AS AMENDED (PUBLIC
LAND ACT);
B. IN GIVING WEIGHT AND CREDENCE TO THE CLEARLY INCOMPETENT, SELF-
SERVING AND UNRESPONSIVE TESTIMONY OF RESPONDENT THAT THE SPOUSES
URBANO DIAZ AND BERNARDA VINLUAN HAD BEEN IN POSSESSION OF THE
PROPERTY FOR MORE THAN 20 YEARS LEADING TO REGISTRATION, THEREBY
DEPRIVING THE STATE OF ITS PROPERTY WITHOUT DUE PROCESS;
C. IN ORDERING REGISTRATION SIMPLY BECAUSE PETITIONER FAILED TO ADDUCE
EVIDENCE TO REBUT RESPONDENT'S EVIDENCE, WHICH, HOWEVER, STANDING
ALONE, DOES NOT MEET THE QUANTUM OF PROOFWHICH MUST BE
CONCLUSIVEREQUIRED FOR REGISTRATION;
D. IN NOT FINDING THAT RESPONDENT HAS MISERABLY FAILED TO OVERTHROW
THE PRESCRIPTION THAT THE LAND IS PUBLIC LAND BELONGING TO THE STATE.
Private respondent, on the other hand, contends that she was able to prove her title to the land in question
through documentary evidence consisting of Deeds of Sale and tax declarations and receipts as well as her
testimony that her predecessors-in-interest had been in possession of the land in question for more than 20
years; that said testimony, which petitioner characterizes as superfluous and uncalled for, deserves weight and
credence considering its spontaneity; that in any event, the attending fiscal should have cross-examined her on
that point to test her credibility; and that, the reason said fiscal failed to do so is that the latter is personally
aware of facts showing that the land being applied for is a private land.
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We find for petitioner Republic of the Philippines.
The evidence adduced in the trial court showed that the land in question was owned by the spouses Urbano
Diaz and Bernarda Vinluan, who on August 11, 1960, sold separate half portions thereof to Mrs. Laureana
Mataban and Mr. Sixto Espiritu. On March 18, 1963, and July 30, 1963, respectively, Mrs. Mataban and Mr.
Espiritu sold their half portions to private respondent Maria P. Lee. Private respondent had the property
recorded for taxation purposes in her name and that of her husband Stephen Lee, paying taxes thereon on
March 25, 1975 and March 9, 1976 for the same years.
At the time of the filing of the application for registration on June 29, 1976, private respondent had been in
possession of the subject area for about thirteen (13) years. She, however, sought to tack to her possession
that of her predecessors-in-interest in order to comply with the requirement of Section 48 (b) of commonwealth
Act No. 141, as amended, to wit:
(b) Those who by themselves or through their predecessors in interest have been in open,
continuous, exclusive and notorious possession and occupation of agricultural lands of the
public domain. under a bona fide claim of acquisition of ownership, since June 12, 1945, or
earlier, immediately preceding the filing of the applications for confirmation of title," except
when prevented by war or force majeure. These shall be conclusively presumed to have
performed all the conditions essential to a Government grant and shall be entitled to a
certificate of title under the provisions of this Chapter.
Private respondent's testimony on her predecessors-in-interest's possession is contained in a one-page
declaration given before a commissioner on December 22, 1976. It reads in full as follows:
8
Commissioner: Atty. Surdilla, you can now present your evidence.
Atty. Surdilla: I am presenting the applicant, your Honor.

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Republic of the Philippines SUPREME COURT Manila THIRD DIVISION   G.R. No. L-64818 May 13, 1991 REPUBLIC OF THE PHILIPPINES, petitioner,  vs. MARIA P. LEE and INTERMEDIATE APPELLATE COURT, respondents. Pedro M. Surdilla for private respondent.   FERNAN, C.J.:p 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? This is the issue to be resolved in the instant petition for review. On June 29, 1976, respondent Maria P. Lee filed before the then Court of First Instance (now Regional Trial Court) of Pangasinan, an application 1 for registration in her favor of a parcel of land consisting of 6,843 square meters, more or less, located at Mangaldan, Pangasinan. The Director of Lands, in representation of the Republic of the Philippines, filed an opposition, alleging that neither the applicant nor her predecessors-in-interest have acquired the land under any of the Spanish titles or any other recognized mode for the acquisition of title; that neither she nor her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the land in concept of owner at least thirty (30) years immediately preceding the filing of the application; and that the land is a portion of the public domain belonging to the Republic of ...
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