Monday, April 20, 2009
HEIRS OF REGALADO V. REPUBLIC OF THE PHILIPPINES (CIVIL)
Marina's heirs as applicants in this land registration case "bear the burden of overcoming the presumption that the land sought to be registered forms part of the public domain." This they failed to discharge.
In addition, other than Marina's uncorroborated testimony given in a previous attempt to have the property registered, there is not proof to sustain the trial court's finding that Marina, her uncle, aunt, and other relatives have been residing in the property for more than 30 years and that she herself had been residing there for 15 years when a Tomas Antero executed the deed of assignment in her favor.
In fine, the trial court's finding that Marina had been in open, continuous, and adverse possession in the concept of owner under a bona fide claim of ownership fails.
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