Obligations and Contracts Cases

Obligations and Contracts Cases - ATTY DJUMEIL GERARD P...

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1 ATTY. DJUMEIL GERARD P. TINAMPAY BOOK IV TITLE V Chapter 1 GENERAL PROVISIONS ART. 1113 All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. 1. REPUBIC VS. ESPINOSA SECOND DIVISION [G.R. No. 171514. July 18, 2012.] REPUBLIC OF THE PHILIPPINES, petitioner, vs. DOMINGO ESPINOSA, respondent. DECISION REYES, J p: This is a petition for review on certiorari from the Decision 1 dated November 11, 2004 and Resolution 2 dated February 13, 2006 of the Court of Appeals in CA-G.R. CV No. 72456. ITHADC On March 3, 1999, respondent Domingo Espinosa (Espinosa) filed with the Municipal Trial Court (MTC) of Consolacion, Cebu an application 3 for land registration covering a parcel of land with an area of 5,525 square meters and situated in Barangay Cabangahan, Consolacion, Cebu. In support of his application, which was docketed as LRC Case No. N-81, Espinosa alleged that: (a) the property, which is more particularly known as Lot No. 8499 of Cad. 545-D (New), is alienable and disposable; (b) he purchased the property from his mother, Isabel Espinosa (Isabel), on July 4, 1970 and the latter's other heirs had waived their rights thereto; and (c) he and his predecessor-in-interest had been in possession of the property in the concept of an owner for more than thirty (30) years. Espinosa submitted the blueprint of Advanced Survey Plan 07-000893 4 to prove the identity of the land. As proof that the property is alienable and disposable, he marked as evidence the annotation on the advance survey plan made by Cynthia L. Ibañez, Chief of the Map Projection Section, stating that "CONFORMED PER L.C. MAP NOTATION L.C. Map No. 2545 Project No. 28 certified on June 25, 1963, verified to be within Alienable & Disposable Area". 5 Espinosa also presented two (2) tax declarations for the years 1965 and 1974 in Isabel's name Tax Declaration Nos. 013516 and 06137 to prove that she had been in possession of the property since 1965. To support his claim that he had been religiously paying the taxes due on the property, Espinosa presented a Certification 6 dated December 1, 1998 issued by the Office of the Treasurer of Consolacion, Cebu and three (3) tax declarations for the years 1978, 1980 and 1985 Tax Declaration Nos. 14010, 17681 and 01071. 7 . 8
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2 ATTY. DJUMEIL GERARD P. TINAMPAY Petitioner opposed Espinosa's application, claiming that: (a) Section 48 (b) of Commonwealth Act No. 141 otherwise known as the "Public Land Act" (PLA) had not been complied with as Espinosa's predecessor-in-interest possessed the property only after June 12, 1945; and (b) the tax declarations do not prove that his possession and that of his predecessor-in-interest are in the character and for the length of time required by law. CDHAcI On August 18, 2000, the MTC rendered a Judgment 9 granting Espinosa's petition for registration, the dispositive portion of which states: WHEREFORE, and in view of all the foregoing, judgment is hereby rendered ordering for the registration and the confirmation of title of [Espinosa] over Lot No. 8499, Cad 545-D
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  • Fall '16
  • Atty. Galas
  • Cases, Djumeil Gerard P., Gerard P. Tinampay, DOMINGO ESPINOSA, ATTY. DJUMEIL GERARD P. TINAMPAY

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