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Moreover, Annex I of the petition for certiorari shows that the previous
attempts of some applicants and their predecessors to reopen Case No.
211 were dismissed as shown below:
Name
Date Filed
Date Dismissed
1) Samuel Baliwan
Dec. 27, 1968 Aug. 15, 1970
2) Tommy Banguillas,
predecessor of
Pablo Ramos, Jr.
May 6, 1965
June 19, 1967
3) Josephine Abanag
Jan. 9, 1961
July 9, 1963
4) Sergio Molintas,
predecessor of
Josephine Abanag
Dec. 26, 1968 Oct. 31, 1974
5) Josephine Abanag
April 26, 1966 Nov. 12, 1974
6)
Lagya Paris
Oct. 15, 1965
Nov. 13, 1974
In the case of Abanag, she succeeded to two lots claimed by Sumay and
Molintas for which Torrens titles were issued in Case No. 211 on October
21, 1919 (Annexes J and K of Petition). The lots, which Abanag now
seeks to register, were not previously claimed by her predecessors in
Case No. 211 (p. 33, Sol. Gen.'s Memo).
We hold that the trial court erred in requiring the presentation of evidence
as to the notice required under Act No. 627. Such evidence cannot be
produced at this time because the court record of Case No. 211 was
completely destroyed during the last war.
Anyway, the applicants have the burden of proving that their
predecessors were living upon or in visible possession of the lands in
1915 and were not served any notice. If they have such evidence, apart
from unreliable oral testimony, they should have produced it during the
hearing on the motions to dismiss.
To support his motions to dismiss, the Solicitor General introduced
evidence proving that after Case No. 211 it has always been necessary to
issue Presidential proclamations for the disposition of portions of the
Baguio Townsite Reservation (Annex E of Petition).
The period of more than fifty years completely bars the applicants from
securing relief due to the alleged lack of personal notice to their
predecessors. The law helps the vigilant but not those who sleep on their
rights. "For time is a means of destroying obligations and actions,
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