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1. Jose Martinez filed a petition for the registration in his name 3

parcels of land collectively comprised of 3,700 sq m.
Purchased the lots in 1952 from his uncle, whose
predecessors-in-interest were traceable up to 1870.
The lots became private property by virtue of prescription
under Section 48(b) of PLA.
2. Martinez claimed that he had been constrained to initiate the
proceedings because the Director of Land Management Services
had failed to do so despite the completion of the cadastral
3. RTC set the case for hearing and directed the publication of the
corresponding Notice of Hearing to the OG.OSG was furnished a
copy of the petition. It opposed Martinezs application on the
ground that the latters possession was not in accordance with
Section 48(b) of PLA and that his minuments of title were
insufficient to prove the bona fide acquisition and possession of
the subject parcels; and that the properties formed part of the
public domain.
4. Despite OSGs opposition, the RTC issued an order of general
default, even against the RP. This ensued that during the hearing,
no party will appear to oppose Martinezs opposition.
5. RTC decreed the registration of the 3 parcels of land to Martinez
concluding that he and his predecessor in interest had been for
over 100 years in possession characterized as continuous, open,
public, and in the concept of an owner
6. OSG filed a Notice of Appeal. However, before the records had
been transmitted to the CA, RTC received a letter from the LRA.
RTC referred the letter to CA.
Only 2 lands were referred to in the Notice of Hearing
published in the OG and 1 had been deliberately omitted
due to the lack of an approved survey plan for that
LRA manifested that such lot should not have been
adjudicated to Martinez for lack of jurisdiction.
7. CAs decision: Dismissed the petition for registration.
Evidence was insufficient to support the registration of
subject lots.
The oral evidence presented by Martinez merely consisted
of general declarations of ownership, without showing
specific acts of ownership performed by him or his
predecessors in interest.
8. Hence, this petition.
Martinezs claim: OSG has no personality to raise any
issue; Martinezs evidence were persuasive proof; RTC
already issued an order confirming title over the land not
published in the OG.
OSGs claim:
o It duly opposed the petition.
o RTC had no jurisdiction over 1 lot since its technical
description was not published in the OG.
o A party in default is not precluded from appealing
unfavorable judgment (referring to the appeal of OSG
after it has been declared in default).

ISSUE: W/N OSG could still appeal the RTC decision after it had
been declared in default.

1. SC took note of the fact that the OSG does not impute tat the
RTC had acted improperly in declaring public respondent in
default. Under Section 26 of PD1529, the order of default may be
issued if no person appears and answers within the time allowed.
OSG has duly filed its opposition.
SC could not make a pronouncement about the validity of
the order of default since it has not been put to issue.
Thus, it concluded that the default order was regular.
2. However, careful scrutiny of the Rules of Procedure and long line
of jurisprudence provides that a defaulted defendant may appeal
from the judgment rendered against him.

ISSUE: W/N Martinez presented sufficient evidence to secure

the registration of the subject lots

1. The SC took notice of the fact that the CA was careful to point
out that the case against Martinez was established not by the
OSGs evidence but by petitioners own insufficient evidence.
The burden of proof in land registration cases is incumbent
on the applicant who must show that he is the real and
absolute owner in fee simple of the land applied for.
Unless the applicant succeeds in showing by clear and
convincing evidence that the property involved was
acquired by him or his ancestors by any of the means
provided for the proper acquisition of public lands, the rule
is settled that the property must be held to be a part of the
public domain. The applicant must, therefore, present
competent and persuasive proof to substantiate his claim.
He may not rely on general statements, or mere
conclusions of law other than factual evidence of
possession and title.
2. In the case at bar, Martinez prove his ownership merely by
presentation of oral evidence.
Appellee has apparently taken the absence of
representation for appellant at the hearing of his petition
as license to be perfunctory in the presentation of his
Actual possession of land, however, consists in the
manifestation of acts of dominion over it of such a nature
as a party would naturally exercise over his own property. It
is not enough for an applicant to declare himself or his
predecessors-in-interest the possessors and owners of the
land for which registration is sought.
He must present specific acts of ownership to substantiate
the claim and cannot just offer general statements which
are mere conclusions of law requiring evidentiary support
and substantiation.
3. Even the documentary evidence presented by Martinez were
The Deed of Sale was not translated from the vernacular in
which it was executed and by said token, was inadmissible
in evidence.
The white print copy of the survey plan, tracing cloth plan
were not approved by the Director of Land.
The original tracing cloth plan is mandatory statutory
requirement which can not be waived.
A survey plan not approved by DOL is inadmissible as