G.R. No. 200772 - REPUBLIC OF THE PHILIPPINES, VS. RAMON G. ASUNCION, PEDRO G. ASUNCION, CANDIDA ASUNCION SANTOS, LEONORA ASUNCION HENSON, ARISTON G. ASUNCION, AND ANNABELLE ASUNCION-PERLAS.DECISION - Supreme Court E-Library

Ruling

Accordingly, the Asuncions withdrew Lots 5478-A, 5477-B, 5472 (which were all portions of Psu-121255), and Lot 5471 (a portion of Psu-101023 and Lot 1 of Psu-11561) from their application. [18] The compromise agreement was submitted to the trial court on November 5, 1996, copy furnished the Republic. [19] Thereafter, the Solicitor General manifested that the compromise agreement did not bind the Republic. [20] On March 22, 1999, the trial court approved the compromise agreement; [21] hence, the Molina-Enriquez group's opposition was ordered withdrawn. [22] In view of the amendment to the application, another notice of initial hearing was published in the Official Gazette and posted in accordance with the rules on applications for original certificates of title [23] Thereafter, presentation of evidence ensued. The Asuncions called three witnesses: Pedro G. Asuncion (Pedro), who testified on the possession of lands by their predecessors-in-interest and on the allegation of accretion; [24] Roberto M. Valdez (Roberto), an employee of the Land Registration Authority (LRA), who brought and presented the tracing cloth plan of the claimed parcels and testified that the original plans submitted for the Asuncions' application were true and faithful reproductions thereof; [25] and Carlos G. Martinez (Carlos), who testified that, as overseer of the Asuncions' fishponds since 1944, he was able to witness how the claimed parcels were formed through accretion. [26] On November 8, 2000, the Asuncions manifested that the settlement of Paciencia's estate had been finalized; and pursuant to such settlement, her interest in the parcels covered by the application were transferred to her children and grandchildren. [27] Consequently, the Asuncions prayed that they, along with their children, be substituted as applicants in lieu of Paciencia [28] The trial court granted the motion. [29] On June 27, 2001, the trial court admitted the Asuncions' formal offer of evidence. [30] On the date of the Republic's presentation of evidence on June 29, 2001, its sole witness from the Regional Office III of the Department of Environment and Natural Resources failed to appear despite the issuance of a subpoena. [31] The trial prosecutor, on the Republic's behalf, manifested that with the absence of the witness, it had no choice but to close its presentation of evidence and submit the case for decision, to which the trial court obliged. [32] As earlier stated, the trial court rendered its Decision on July 10, 2001, in favor of the Asuncions. The dispositive portion of the Decision reads: WHEREFORE, conforming the Order of General Default entered on December 16, 1988, the Court hereby orders the registration of the following parcels of land, all of which are located in Banio Bambang, Municipality of Bulacan, Province of Bulacan, together with their corresponding Technical Descriptions and all improvements existing thereon in this wise, to wit: 1) Psu-115369 - to Martina C. Asuncion, Fi