G.R. No. 76371 -

Ruling

WHEREFORE, the judgment appealed from is reversed and set aside. This case shall be remanded to the trial court for further proceedings which shall include an ocular inspection of the land applied with a view to determine its identity, location and boundary limits whether the latter have been included in Lot 1 of the applicants plan to warrant their exclusion from the plan, or their registration in the names of the oppositors who have presented evidence in support of their claim. Thereafter judgment shall be accordingly rendered. [5] In accordance with the CA directive, three commissioners were appointed by the trial court to conduct the ocular inspection. The commissioners found: That the property sought to be registered under survey plan Psu-119561 was relocated and the extent and bounds of the portions claimed by the oppositors were pointed to by them personally or by their supposed representative, the results of which are clearly shown in the accompanying sketch plan marked as Annex "A" of their report by the corresponding names, area and dimensions. That the survey of the claims was continued the following day, January 29, 1967. OBSERVATIONS AND FINDINGS The claims of Manuel Magala, Abraham Lalugan, and Layao, Juan Medrano and Eugenio Medrano as shown now in the sketch plan Annex "A" are not shown in the original survey plan Psu-119561; That claims of Otilio Damasen, Nicolas Bigornia, Ricardo Bersamira, Bonifacio Brangan, Cristeta Medrano, Matias Turdil, Mariano Turqueza, Flora Labuguen, Cornelio Bayubay, Ponce Talape, and Metodio Tullar, appeared in the original survey plan Psu-119561 and likewise in sketch plan Annex "A" although three of these claims bear different identifying names in the sketch Annex "A"; That out of the original area of 210,767 square meters in original survey plan Psu-119561, the remaining portion not subject of opposition as appearing in sketch plan Annex "A" is 69,683 square meters; That the "Calle para Collago" which according to the decision of the Court of Appeals and is stoutly maintained until the present by the oppositors to be the extent or boundary of the property of the applicant on the South side is existing and still is the boundary on the South and on the Southeast side, as shown in the Sketch Plan, Exh. "A"; That the property of Francisco Santua abound also the applicants property sought to be registered on the South sides, at present as was the case during the original survey. [6] The oppositors filed an opposition to the commissioners report, whereupon a second ocular inspection was ordered by the trial court. After the second inspection, the trial court, on August 28, 1967 again rendered judgment reiterating its original decision ordering the registration of the aforesaid Lot 1 of PSU 119561 with an area of 210,767 [7] square meters in the name of private respondent. The judge made the following observations based on the ocular inspection: The Commissioners and the Presiding Judge, upon their ocul