G.R. No. 157306 - REPUBLIC OF THE PHILIPPINES, VS. ANATALIA ACTUB TIU ESTONILO AND ANDREA ACTUB TIU PO (IN SUBSTITUTION OF NAZARIA BOMBEO). D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the foregoing premises considered, the ruling of the trial court is hereby AFFIRMED." [3] The Facts The antecedents were summarized by the CA as follows: "This case originated from an application for registration of a parcel of land known as Lot No. 4318 of the cadastral survey of Cagayan de Oro consisting [of] an area of 357,866 square meters, filed by [the] original [a]pplicant, Nazaria Bombeo with the defunct Court of First Instance of Misamis Oriental on July 22, 1954. In her application, Bombeo claimed that said parcel of land was previously owned and possessed by a certain Rosendo Bacas since 1894 until it was sold to her by the heirs of Rosendo Bacas, represented by their attorney-in-fact and heir himself, Calistro Bacas by virtue of an Absolute Sale of Realty (Exhibit 'A') on June 14, 1954. "After due notice and publication of said application, only the Provincial Fiscal of Misamis Oriental, in behalf of the Chief of Staff of the Armed Forces of the Philippines [AFP] and the Director of [the] Bureau of Land[s] filed its opposition thereto, alleging that Lot 4318 is not a registrable land pursuant to Presidential Proclamation No. 265, which took effect on March 31, 1938, and which declared Lot 4318 reserved for the use of the Philippine Army, to wit: 'PRESIDENTIAL PROCLAMATION NO. 265. RESERVING FOR THE USE OF THE PHILIPPINE ARMY THREE PARCELS OF THE PUBLIC DOMAIN SITUATED IN THE BARRIOS OF BULUA AND CARMEN, MUNICIPALITY OF CAGAYAN, PROVINCE OF MISAMIS ORIENTAL, ISLAND OF MINDANAO. Upon the recommendation of the Secretary of Agriculture and Commerce and pursuant to the provision of section eighty-three of Commonwealth Act Number One Hundred and Forty-one, I hereby withdraw from sale of settlement and reserve for the use of the Philippine Army, under the administration of the Chief of Staff subject to private rights, if any thereby, the following described parcels of public domain, situated in the barrios of Bulua and Carmen, Municipality of Cagayan, Province of Misamis Oriental, Island of Mindanao, and particularly described in Bureau of Lands SWO-15234, to wit: Lot No. 4318. x x x. Containing an area of 354,377 square meters.' "During the initial hearing set on February 12, 1955, an Order of General Default was issued by the lower court. On July 29, 1959, Bombeo died and was substituted by her daughter Cipriana Actub Tiu who eventually died on December 5, 1990. Thereafter, due to intervening deaths of the parties, the case literally went to slumber until it was re-raffled to the Regional Trial Court (Branch 17) of Misamis Oriental on October 16, 1991 and was pursued anew by the daughters of Cipriana Actub Tiu, namely, Anatalia Actub Tiu Estonilo and Andrea Actub Tiu Po. On the other hand, Oppositors Bureau of Lands and Chief of Staff of the Armed Forces of the Philippines, in behalf of the Republic of the Philippines; were represented by the Provincial Prosecutor Florencia Abbu and Major Raul Llacuna of JAGO [Judge Advocate G