MAGBITANG – 2E

2014063842

DIRECTOR OF LANDS vs. COURT OF APPEALS AND MANUELA PASTOR

G.R. No. L-47847 July 31, 1981

FACTS:

Seven lots were inherited by respondent Manuela Pastor from her parents, Rafael Pastor
and Natalia Quinio. Six lots were allegedly inherited by respondent from her aunt Rosario Pastor.
Presently, respondent Manuela Pastos filed with the RTC an application for confirmation of
imperfect title over the 13 subject lots, claiming that she and her predecessors-in-interest had
been in continuous, uninterrupted, open, public, adverse and notorious possession of the lots
under claim of ownership for more than thirty (30) years.
The Director of Lands filed an opposition to the application on the ground that applicant
and her predecessors-in-interest neither had title in fee simple nor imperfect title under Section
48 of the Public Land Law, as amended, over the lots in question. During the hearing of the
application, the Geodetic Engineer, Quirino P. Clemeneo, testified that he conducted the survey
of some of the lots and verified the survey conducted by the Bureau of Lands on the others. He
found that the lots did not encroach upon private and public lands. They also presented a
certification from the Land Registration Commission stating that the lot was declared public land
in the cadastral proceedings, although no decree of registration has as yet been issued. The court
ruled in favor of respondent.

ISSUE:
Whether or not the RTC erred in granting the application of respondent for confirmation
of her alleged imperfect title to the subject lots.

RULING:
 No. The uncontradicted testimony of private respondent Manuela Pastor, which was
further corroborated by the testimony of Antonio Pastor, conclusively established beyond doubt
that the respondent, together with her predecessors-in-interest since the year 1913 and up to the
present, had been in open, continuous, exclusive, and notorious possession and occupation of the
lots in question under a bona fide claim of ownership. Moreover, the documentary evidence
submitted by private respondent also show that the lots have been declared for taxation purposes
in the name of respondent Manuela Pastor, and the taxes thereon have been paid by said
respondent. And finally, Geodetic Engineer Quirino Clemeneo, who conducted the survey of
some of the lots and verified the survey conducted by the Bureau of Lands, testified that the 13
lots in question did not encroach upon public or private lands.