04/02/2020
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According to Maynard and Jose, Delfin and Agustin were the ones publicly and
openly in possession of the land and who introduced improvements thereon. They
also corroborated Delfin and Agustin's allegation that the real owners of the property
are the heirs of Joaquin Smith.[24]
In order to debunk petitioners' claim that the Smiths owned the subject property,
Margarita presented a certified copy of a Resolution from the Land Management
Office denying the Smiths' application for recognition of the subject property as part
of their ancestral land.[25] The resolution explains that the application had to be
denied because the Smiths did not "possess, occupy or utilize all or a portion of the
property x x x. The actual occupants (who were not named in the resolution) whose
improvements are visible are not in any way related to the applicant or his co-heirs."
[26]
To bolster her claim of ownership and possession, Margarita introduced as evidence
an unnumbered resolution of the Community Special Task Force on Ancestral Lands
(CSTFAL) of the Department of Environment and Natural Resources (DENR), acting
favorably on her and her siblings' ancestral land claim over a portion of the 186,090square meter property.[27] The said resolution states:
The land subject of the instant application is the ancestral land of the
herein applicants. Well-established is the fact that the land treated
herein was first declared for taxation purposes in 1922 under Tax
Declaration No. 363 by the applicant's grandfather Ap-Ap (one name).
Said application was reconstructed in 1965 after the original got lost
during the war. These tax declarations were issued and recorded in the
Municipality of Tuba, Benguet, considering that the land was then within
the territorial jurisdiction of the said municipality. That upon the death of
declarant Ap-Ap his heirs x x x transferred the tax declaration in their
name, [which tax declaration is] now with the City assessor's office of
Baguio.
The land consisting of four (4) lots with a total area of ONE HUNDRED
EIGHTY SIX THOUSAND NINETY (186,090) SQUARE METERS, is covered
by Psu-198317 duly approved by the Director of Lands on October 4,
1963 in the name of Ap-Ap (one name). In 1964, the same land was the
subject of a petition filed by Gilbert Semon, as petitioner, before the
Court of First Instance of the City of Baguio in the reopening of Judicial
Proceedings under Civil Case No. 1, GLRO Record No. 211 for the
registration and the issuance of Certificate of Title of said land. The land
registration case was however overtaken by the decision of the Supreme
Court declaring such judicial proceedings null and void because the courts
of law have no jurisdiction.
It has been sufficiently substantiated by the applicants that prior to and
at the time of the pendency of the land registration case and henceforth
up to and including the present, the herein applicants by themselves and
through their predecessor-in-interest have been in exclusive, continuous,
and material possession and occupation of the said parcel of land
mentioned above under claim of ownership, devoting the same for
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54595
3/17