04/02/2020
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Peoples (NCIP).[29] The Ancestral Land Application No. Bg-L-064 of the Heirs of
Gilbert Semon was transferred to the NCIP, Cordillera Administrative Region, La
Trinidad, Benguet and re-docketed as Case No. 05-RHO-CAR-03.[30] The petitioners
filed their protest in the said case before the NCIP. The same has been submitted
for resolution.
Ruling of the Regional Trial Court[31]
After summarizing the evidence presented by both parties, the trial court found that
it preponderates in favor of respondent's long-time possession of and claim of
ownership over the subject property.[32] The survey plan of the subject property in
the name of the Heirs of Ap-ap executed way back in 1962 and the tax declarations
thereafter issued to the respondent and her siblings all support her claim that her
family and their predecessors-in-interest have all been in possession of the property
to the exclusion of others. The court likewise gave credence to the documentary
evidence of the transfer of the land from the Heirs of Ap-ap to respondent's father
and, eventually to respondent herself. The series of transfers of the property were
indications of the respondent's and her predecessors' interest over the property.
The court opined that while these pieces of documentary evidence were not
conclusive proof of actual possession, they lend credence to respondent's claim
because, "in the ordinary course of things, persons will not execute legal documents
dealing with real property, unless they believe, and have the basis to believe, that
they have an interest in the property subject of the legal documents x x x."[33]
In contrast, the trial court found nothing on record to substantiate the allegations of
the petititioners that they and their parents were the long-time possessors of the
subject property. Their own statements belied their assertions. Petitioner Maynard
and Jose both admitted that they could not secure title for the property from the
Bureau of Lands because there were pending ancestral land claims over the
property.[34] Petitioner Agustin's Townsite Sales Application over the property was
held in abeyance because of respondent's own claim, which was eventually favorably
considered by the CSTFAL.[35]
The dispositive portion of the trial court's Decision reads:
WHEREFORE, premises considered, judgment is hereby rendered in favor
of the [respondent] and against the [petitioners] (1) Declaring the transfer of a portion of Lot 1 of PSU 198317 made
by the [petitioner] Delfin Lamsis to Menard Mondiguing and Jose
Valdez, Jr. null and void;
(2) Ordering the [petitioners] Delfin Lamsis, Agustin Kitma, Menard
Mondiguing and Jose Valdez, Jr., to vacate the area they are
presently occupying that is within Lot 1 of PSU 198317 belonging to
the [respondent] and to surrender possession thereof to the
[respondent];
(3) To pay [respondent]
P10,000.00; and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54595
attorney's
fees
in
the
amount
of
5/17