04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 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

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