The applicant for registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records

The Motion for Reconsideration fails.

The Advance Plans and Consolidated Plans are hardly the competent pieces of evidence that the law requires.  The notation by a geodetic engineer on the survey plans that properties are alienable and disposable does not suffice to prove these lands’ classification.[14]

Republic v. T.A.N. Properties, Inc.[15] directs that

x x x x [T]he applicant for registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records.  These facts must be established to prove that the land is alienable and disposable.  Respondent failed to do so because the certifications presented by respondent do not, by themselves, prove that the land is alienable and disposable.[16] (emphasis and underscoring supplied)

Respondent failed to comply with this directive.  This leaves it unnecessary to delve into the testimonies of petitioner’s predecessors-in-interest respecting their alleged possession of the subject properties.

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/185683.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Land, Property Registration Decree and tagged . Bookmark the permalink.

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