DCD CONSTRUCTION, INC. v. REPUBLIC OF THE PHILIPPINES
G.R. No. 179978, 31 August 2011Villarama, JR.,
On January 19, 2001, petitioner DCD Construction, Inc., through its President and CEO Danilo D.Dira, Jr., filed a verified application for registration of a parcel of land situated in Taytay, DanaoCity with an area of 4,493 square meters. It was alleged that applicant which acquired theproperty by purchase, together with its predecessors-in-interest, have been in continuous,open, adverse, public, uninterrupted, exclusive and notorious possession and occupation of theproperty for more than thirty (30) years. Thus, petitioner prayed to have its title judiciallyconfirmed.
Based on petitioner’s documentary and testimonial evidence, it appears that the approved
technical description is allegedly identical to that of another lot consisting of 3,781 squaremeters. 712 square meters of said lot can be segregated as salvage zone pursuant to DENRAdministrative Order No. 97-05.On August 22, 2002, the trial court declared that the applicant DCD CONSTRUCTION INC., has aregisterable title to subject lot.On appeal by respondent Republic of the Philippines, the CA reversed the trial court. The CAruled that the evidence failed to show that the land applied for was alienable and disposableconsidering that only a notation in the survey plan was presented to show the status of theproperty. It was further noted that the earliest tax declaration submitted was issued only in1988. It was also held that petitioner did not prove open, continuous, exclusive and notoriouspossession under a
claim of ownership since June 12, 1945.