Professional Documents
Culture Documents
FACTS:
ISSUE: W/N OSG could still appeal the RTC decision after it had
been declared in default.
HELD: YES.
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.
HELD: NO.
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
evidence.
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
insufficient.
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
evidence.