DIRECTOR OF LANDS, petitioner, vs.

INTERMEDIATE APPELLATE
COURT and ANGELINA SARMIENTO, respondents
[G.R. No. 68946. May 22, 1992.]
J. Davide, Jr.

Digest Author: Jude Fanila

Topic: Possession - Types

Case Summary: Most relevant facts and main ruling

Petitioners: Complete enumeration

Respondents: Complete enumeration

Doctrines Involved: Possession is not synonymous with occupation. Possession is broader than
occupation because it includes constructive possession. Thus, when a law speaks of occupation there is
intent to exclude constructive possession. In this case the Public Land Act, specifically states that there
must be open, continuous, exclusive and notorious occupation must be taken to mean actual, physical
possession not merely constructive possession.

FACTS:
1. August 13 1970 – Respondent, Sarmiento alongside the spouses Velasco filed an action before
the CFI of Bulacan – application for registration of Lot No. 1005 – Situated in San Jose, Del
Monte.
a. Lot covered 376,397 sq.m
2.
3. Appellant, Ortiza was charged with Murder before the RTC of QC.
a. Information stated that: Sept. 1, 2005 – in QC, Ortiza along with (2) other unknown
persons conspired to kill one Ronaldo Cueno Y Bonifacio
i. Evident Premeditaiton, Treachery, advantage of superior strength – used bladed
weapons – stab wounds led to death of Bonifacio
4. Arraigned on Oct 11, 2005 – pled not guilty.
a. Pre-trial conference was terminated on Oct 26 – led to trial on the merits.
5. Evidence presented before the RTC
a. Prosecution:
i. Testimony of victim’s sister-in-law – that she saw Ortiza, Ortiza’s brother (Larry
Lipata) and a certain Rudy Lipata attacking the victim, Bonifacio – stabbed
around 10 times with an ice pick and a broken piece of glass from a red horse
bottle – attack was around 6:00 pm, Sept. 1
ii. Testimony of victim’s daughter – That she was Ortiza with Larry and Rudy
Lipata stab Bonifaco to death in front of their house around 6:00pm
b. Defense
i. Testimony of appellant, Ortiza – admitted that he was on scene, rushing to aid his
brother, Larry Lipata who was being stabbed by Bonifacio. Struggle for the knife
led to Bonifacio being stabbed – fled from the scene because he was wounded.
6. CASE TRAIL:
o RTC Ruling
a. Decision:
o CA Decision
 a. Petitioner:
b. Decision:

ARGUMENTS BEFORE THE SUPREME COURT:

 Petitioner’s Argument related to Doctrine:
 Respondent’s Argument related to Doctrine:

ISSUES + HELD:
1. W/N xxx – YES/NO.
o xxx
o xxx
2. W/N xxx – YES/NO.
o xxx
o xxx

RULING:

DISSENT:

NOTES: