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JurisprudenceG.R. No. 188587 -

G.R. No. 188587 -

Cited Laws

RA 522,
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TL;DR — Ruling

WHEREFORE , the Petition for Review is DENIED . The Decision dated June 8, 2009 of the RTC Davao City, Branch 16, in Civil Case No. 23,826-1995, is AFFIRMED . Accordingly, the validity of Original Certificate of Title No.

Decision

Ruling

accordingly clothed the property subject of this case with the presumption of alienability. Necessarily, Lot No. 1226-E-2-A must be considered under private ownership. In conclusion, one of the primary and fundamental purposes of the registration of land under the Torrens system is to secure to the owner an absolute, indefeasible title, free from all encumbrances and claims whatsoever, except those mentioned in the certificate of title, and, so far as it is possible, to make the certificate issued to the owner by the court, absolute proof of such title. [57] As the Republic failed to discharge its burden to show that the properties subject of OCT No. 0-14, and its derivative titles TCT Nos. T-48269 and T-48724 belong to the public domain, private ownership thereon must be respected. WHEREFORE , the Petition for Review is DENIED . The Decision dated June 8, 2009 of the RTC Davao City, Branch 16, in Civil Case No. 23,826-1995, is AFFIRMED . Accordingly, the validity of Original Certificate of Title No. 0-14, as well as its derivative titles Transfer Certificates of Title Nos. T-48269 and T-48724, is UPHELD . SO ORDERED.