Professional Documents
Culture Documents
164687
2009
February 12,
ISSUE:
CAMILLO
F.
BORROMEO,
vs.
ANTONIETTA O DESCALLAR ,G.R. No.
159310 February 24, 2009
FACTS:
Wilhelm
Jambrich,
an
Austrian,
met
respondent
Antonietta
Opalla-Descallar.
They fell in love and lived together. They
bought a house and lot and an Absolute
Deed of Sale was issued in their names.
However, when the Deed of Absolute Sale
was presented for registration, it was
refused on the ground that Jambrich was an
alien and could not acquire alienable lands
of the public domain. Consequently, his
name was erased but his signature
remained and the property was issued on
the name of the Respondent alone. However
their relationship did not last long and they
found
new
love.
Jambrich met the petitioner who was
engaged in business. Jambrich was indebted
to the petitioner for a sum of money and to
pay his debt, he sold some of his properties
to the petitioner and a Deed of Absolute
Sale/Assignment was issued in his favor.
However, when the Petitioner sought to
register the deed of assignment it found out
that said land was registered in the name of
Respondent. Petitioner filed a complaint
against respondent for recovery of real
property.
ISSUES:
1. Whether or not Jambrich has no title to
the properties in question and may not
transfer and assign any rights and interest
in
favor
of
the
petitioner
2. Whether or not the registration of the
properties in the name of respondents make
him
the
owner
thereof
HELD:
1. The evidence clearly shows that as
between respondent and Jambrich, it was
Jambrich who possesses the financial
capacity to acquire the properties in
dispute. At the time of the acquisition of the
properties, Jamrich was the source of funds
used to purchase the three parcels of land,
and to construct the house. Jambrich was
The Facts
The lot in dispute, Cadastral Lot 736 (Lot
736), is located in the Poblacion of
Binmaley, Pangasinan. Lot 736 has a total
area of about 1,300 square meters and is
part of Lot 3. Cadastral Lot 737 and Lot 739
also form part of Lot 3. Cadastral Lot 737 is
known as Imeldas Park, while on Lot 739 is
a waiting shed for commuters. Lot 3 is
bounded on the north by Lot 1 of Plan II5201-A and on the south by the national
road. In front of Lot 736 is the building of
Mary Help of Christians Seminary (seminary)
which is on Lot 1.
Lot 1 of Plan II-5201-A, which adjoins Lot 3
on the north, is titled in the name of
respondent Roman Catholic Archbishop of
Lingayen
(respondent)
under
Transfer
Certificate of Title No. 6375 (TCT 6375). An
annotation on TCT 6375 states that the
ownership of Lot 3 is being claimed by both
respondent
and
the
Municipality
of
Binmaley.
In 1958, the Rector of the seminary ordered
the construction of the fence separating Lot
736 from the national road to prevent
the caretelas from parking because the
smell of horse manure was already
bothering the priests living in the
seminary.3 The concrete fence enclosing Lot
736 has openings in the east, west, and
center and has no gate. People can pass
through Lot 736 at any time of the day.4
On 22 December 1997, the Sangguniang
Bayan of Binmaley, Pangasinan, passed and
approved
Resolution
Nos.
1045 and
6
105. Resolution No. 104 converted Lot 736
from an institutional lot to a commercial lot.
Resolution No. 105 authorized the municipal
mayor to enter into a contract of lease for
25 years with the Rural Bank of Anda over a
portion of Lot 736 with an area of 252
square meters.7
The Issue
of
Public
Agricultural
Lands
Issue:
4
5
6
OSG:
1
COURT:
1
FACTS:
Oh Cho, a Chinese citizen, purchased from
the Lagdameos a parcel of land in Tayabas,
DECISION
HELD:
Oh Cho failed to show that he has title to
the lot, which may be confirmed under the
Land
Registration
Act.
All lands that were not acquired from the
Government, either by purchase or by grant,
belong to the public domain. An exception
to the rule would be any land that should
have been in the possession of an occupant
and of his predecessors in interest since
time immemorial, for such possession would
justify the presumption that the land had
never been part of the public domain or that
it had been a private property even before
the
Spanish
conquest.
The applicant does not come under the
exception, for the earliest possession of the
lot by his first predecessor in interest began
in
1880.
Under the Public Land Act, Oh Cho is not
entitled to a decree of registration of the lot,
because he is an alien disqualified from
acquiring lands of the public domain.
Oh Cho's predecessors in interest would
have been entitled toa decree of registration
had they applied for the same. The
application for the registration of the land
was a condition precedent, which was not
complied with by the Lagmeos. Hence, the
most they had was mere possessory right,
not title. This possessory right was what was
transferred to Oh Cho, but since the latter is
an alien, the possessory right could never
ripen to ownership by prescription. As an
alien, Oh Cho is disqualified from acquiring
title over public land by prescription.
G.R. No. 164356
xxxx
By April 26, 1997, the whole survey team
together with Mr. E. Concon and
representatives from the Plaintiffs and
De[f]endants returned to the area in
question to relocate missing corners of Lot
1, Psu-213148 of OCT#O-104; Lot 2, Psu213148 of TCT#T-1428; and OCT#P-8649.
We were able to relocate the following
corners of: Cors. 2 & 4 of Lot 1, Psu-213148
of OCT#O-104; cors. 7 & 8 of Lot 1, Psu213148 of OCT#[O]-104 which are identical
to cors. 15 & 16 of OCT#P-8649,
respectively. We laid out missing cors. 3 & 2
of Lot 2, Psu-213148 of TCT#T-1428 and
missing cors. 1 & 3 of Lot 1, Psu-213148 of
OCT#O-104. All missing corners which were
relocated were not yet planted with
cylindrical concrete monuments pending
court decision of the case.
x x x x31
On cross-examination, Engr. Estaca testified
as follows:
xxxx
Q In your report, you stated that
there missing corners: 3 and 2 of Lot
2; and missing corners 1 and 3 of Lot
1. Which of these three documents,
Exhibit S which is OCT No. O-104 or
Exhibit T which is TCT No. T-1428 or
OCT No. P-8649 in which there are
missing corners?
A TCT No. T-1428 has 3 missing
corners; and OCT No. O-104 has 2
missing corners.
Q When you say missing corners,
what do you mean by that?
A Well, based on the technical
description, we were not able to
locate the corners because it might
have been moved or lost.