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Ong vs.

Republic (Case Digest)


FACTS:
July 1, 1999 petitioner Charles Ong, in behalf of his brothers, filed for an
application of Registration of Title over Lot 15911.
Ong alleged that his brothers and him are the co-owners of the land, which they
purchase from the spouses Tony Bautista and Alicia Villamil.
And they and their predecessor-in-interest have been in open, continuous and
peaceful possession of the lot in the concept of owners for more than 30 years.

Only respondent Republic of the Philippines, represented by the OSG, opposed the
application for registration.
Respondent contends that:
Neither the applicants nor their predecessor-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of the lot since
June 12, 1945 or earlier.

The trial court favored Petitioner Ong and declared the land in the name of the
applicant. Respondent appealed before the Court of Appeals and the appellate court
reversed the trial courts ruling.

ISSUE:
Whether or not petitioner, together with his brothers, have registrable ownership over
the real property subject matter?

RULING:
The Supreme Court held in this case that although there is no question that the land is
alienable and disposable. Possession alone is not sufficient to acquire title to alienable
lands of the public domain because the law requires possession and occupation.

Section 14(1) of P.D. 1529 ("Property Registration Decree"), as amended, provides

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.

Taken together with the words open, continuous, exclusive and notorious, the word
occupation serves to highlight the fact that for an applicant to qualify, his possession
must not be a mere fiction.

Actual possession of a land consists in the manifestation of acts of dominion over it of
such a nature as a party would naturally exercise over his own property.

Petitioner admitted that after he and his brothers bought the subject lot from spouses
Tony Bautista and Alicia Villamil in 1998, neither he nor his brothers actually occupied
the subject lot. No improvements were made thereon and the most that they did was
to visit the lot on several occasions.

The burden of proof in land registration cases rests on the applicant who must show
by clear, positive and convincing evidence that his alleged possession and occupation
of the land is of the nature and duration required by law. Unfortunately, petitioners
evidence do not constitute the "well-nigh incontrovertible" evidence necessary in cases
of this nature.

The Court of Appeals did not err in reversing the Decision of the trial court and in
denying his application for registration of title over the subject lot.