NextGen Day

MANILA – A local real estate developer’s application for original registration of title for a 3,168-square-meter property in Taguig City was denied by the Court of Appeals (CA) for lack of merit.

Associate Justice Ronaldo Martin’s 15-page decision, dated February 9 and made available online Tuesday, overturned a Taguig City Metropolitan Trial Court (MTC) Branch 74 decision in favor of DMCI Project Developers Inc. in April 2019.

The MTC “erred in concluding that DMCI possessed a registrable title over the subject area it sought to register,” according to the CA Sixth Division, and “failed to prove that the land it seeks to register was alienable and disposable public domain land.”

The DMCI also failed to show that it had been in continuous control of the property since the 1940s when it was a rice acreage awarded to tillers.

The Concepcion family sold the property in Barangay Bambang to DMCI for PHP6.43 million in 1993 for a housing project.

In the 1940s, the government assigned the rice property to the family patriarch, Ignacio Concepcion.

The law requires a copy of the original classification approved by the Department of Environment and Natural Resources and certified as a true copy by the legal custodian of the official records, in addition to a certification of land classification status issued by the Community Environment and Natural Resources Office presented by the developer.

The court also pointed out that DMCI’s earliest tax declaration for the property was from 1948, which falls short of the requirement under Presidential Decree No. 1529 or the Property Registration Decree of 1978 that proof of claim of possession “in the concept of an owner” from June 12, 1945, or earlier be presented.

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