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because time runs against the slothful and contemners of their own
rights."
WHEREFORE, the order denying the motions to dismiss is reversed and
set aside. The applications for registration are hereby dismissed. No
costs.
SO ORDERED. [27] (Boldfacing supplied, italicization in the original)
In Fañgonil, the alleged claims were not previously claimed by the predecessors-ininterest and, therefore, the Court declared that the said properties were not
susceptible of registration. Since the claimants did not base their applications under
Act No. 496 or any purchase from the State, the Court held that the said claims were
not considered valid native claims. Under Fañgonil, 134 persons living upon or in
visible possession were personally served with the notice of reservation. Section 3 of
Act No. 627 provides that the certification by the clerk of court is "conclusive proof of
service" of the said notice. Since respondents in the present case claim possession
since time immemorial, their predecessors were necessarily given notice of the
reservation and, hence, should have filed their claims within the stated period.
However, no such claim was filed. In fact, the said lots in the present case
were not shown to be part of any ancestral land prior to the effectivity of
the IPRA. To stress, private respondents' rights over the subject properties
located in the Townsite Reservation in Baguio City were never recognized in
any administrative or judicial proceedings prior to the effectivity of the
IPRA law. The CALTs and CADTs issued by the NCIP to respondents are thus
void.
WHEREFORE, the Court GRANTS the petition. The Court REVERSES the Decision
and Resolution of the Court of Appeals in CA-G.R. SP No. 126498. The National
Commission on Indigenous Peoples Resolution Nos. 107-2010-AL and 108-2010-AL;
O-CALT Nos. 129 and 130 including corresponding TCT Nos. with CALT Nos.:
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
CAR-BAG-1110-000268
CAR-BAG-1110-000269
CAR-BAG-1110-000270
CAR-BAG-1110-000271
CAR-BAG-1110-000272
CAR-BAG-1110-000273
CAR-BAG-1110-000274
CAR-BAG-1110-000275
CAR-BAG-1110-000276
CAR-BAG-1110-000277
CAR-BAG-1110-000278
CAR-BAG-1110-000279
CAR-BAG-1110-000280
CAR-BAG-1110-000281
CAR-BAG-1110-000282
CAR-BAG-1110-000283
for
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for
for
for
for
for
for
for
for
for
for
for
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
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4/23/2020, 8:53 AM