G.R. No. 179905 - REPUBLIC OF THE PHILIPPINES, VS. NEPTUNA G. JAVIER.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered the court hereby rendered (sic) judgment confirming title of the applicant over the real property denominated as Lot of the original survey plan, Lot 30162-B of the subdivision plan, CSd-04-014340-D, being a portion of Lot 30162, Cad-688-D, Cainta-Taytay Cadastre. Upon finality of this decision the corresponding decree of registration be issued in the name of Neptuna G. Javier, of legal age, and residing at Rizal Avenue cor. B. Pag-asa St., Bgy. San Juan, Taytay, Rizal. Send copies of this decision of the office of the Land Registration Authority, Office of the Solicitor General and to the applicants (sic) through her counsel. [26] The Republic, through the OSG, filed a Notice of Appeal [27] with the Court of Appeals dated 6 November 2000 on the Decision of the MTC, docketed as CA-G.R. CV No. 69190. The Republic made the following assignment of errors in its Petition: THE TRIAL COURT ERRED IN FINDING THAT THE APELLEE HAS ESTABLISHED OWNERSHIP OVER THE SUBJECT PROPERTY FOR THE PERIOD REQUIRED BY LAW. THE TRIAL COURT ERRED IN NOT FINDING THAT THE APPELLEE FAILED TO OVERTHROW THE PRESUMPTION THAT SUBJECT PROPERTY FORMS PART OF THE PUBLIC DOMAIN. [28] The Republic argued that the testimonies of Javier and Quinto hardly established that Javier and her predecessor-in-interest, Catalina, have occupied the subject property openly, continuously, exclusively, and under a claim of title since 12 June 1945 or earlier. Likewise, the tax declarations submitted as evidence by Javier were not conclusive proof of ownership. Since Javier failed to prove her possession of the subject property in the concept of an owner for the required length of time, the subject property remained to be that of the State under the Regalian Doctrine. On 27 September 2007, the Court of Appeals promulgated its Decision, [29] again ruling in Javier's favor, and finding that: In fine, [Javier's] evidence conclusively establish the following: a) that she acquired the parcel of land being applied for original registration by inheritance from her aunt Catalina Javier; b) that her possession thereof, tacked with that of her predecessors-in-interest, is open, continuous, adverse against the whole world, in the concept of owner and under a bona fide claim of ownership for no less than fifty (50) years; c) that the subject property is not part of any forest nor of any aerial, military or naval reservations of the government, d) that said property is not encumbered or otherwise mortgaged in favor of any person and/or entity, and e) that the subject property belongs to [Javier] and she possesses a perfect title thereto which may be confirmed and registered to her name under the provisions of Presidential Decree (PD) 1529, otherwise known as the Property Registration Decree. [30] Hence, the appellate court decreed: WHEREFORE, in view of the foregoing, the assailed decision of the MTC of Taytay, Rizal dated October 16, 2000 in Land Registration Case No. 99-0012 is he