G.R. No. 107764 -

Ruling

Accordingly, the court rendered a decision confirming the imperfect title of petitioners. We quote the pertinent portions of the courts decision, as follows: From the evidence presented, the Court finds that from the testimony of the witnesses presented by the Applicants, the property applied for is in actual, open, public and notorious possession by the applicants and their predecessor-in-interest since time immemorial and said possession had been testified to by witnesses Jimmy Torres, Mariano Leyva, Sergio Montealegre, Jose Amo and one Chona who were all cross-examined by Counsel for Oppositor Republic of the Philippines. Evidence was likewise presented that said property was declared for taxation purposes in the names of the previous owners and the corresponding taxes were paid by the Applicants and the previous owners and said property was planted to fruit bearing trees; portions to palay and portions used for grazing purposes. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. On the claim that the property applied for is within the Marikina Watershed, the Court can only add that all Presidential Proclamations like the Proclamation setting aside the Marikina Watershed are subject to private rights. In the case of Municipality of Santiago vs. Court of Appeals , 120 SCRA 734, 1983 private rights is proof of acquisition through ( sic ) among means of acquisition of public lands. In the case of Director of Lands vs. Reyes , 68 SCRA 193-195, by private rights means that applicant should show clear and convincing evidence that the property in question was acquired by applicants or their ancestors either by composition title from the Spanish government or by Possessory Information title, or any other means for the acquisition of public lands xxx (italics supplied). The Court believes that from the evidence presented as above stated, Applicants have acquired private rights to which the Presidential Proclamation setting aside the Marikina Watershed should be subject to such private rights. At any rate, the Court notes that evidence was presented by the applicants that as per Certification issued by the Bureau of Forest Development dated March 18, 1980, the area applied for was verified to be within the area excluded from the operation of the Marikina Watershed Lands Executive Order No. 33 dated July 26, 1904 per Proclamation No. 1283 promulgated on June 21, 1974 which established the Boso-boso Town Site Reservation, amended by Proclamation No. 1637 dated April 18, 1977 known as the Lungsod Silangan Townsite Reservation. (Exhibit K). [7] In a motion dated April 5, 1991, received by the Solicitor General on April 6, 1991, petitioners alleged that the decision dated January 30, 1991 confirming their title had become final after the Solicitor General received a copy of the decision on February 18, 1991. Petitioners prayed that the land registration co