Law Requires Proof of Possession and Occupation since June 12, 1945

Intestate Estate of the Late Don Mariano San Pedro y Esteban vs Court of Appeals
GR NO. 103727; 18 DECEMBER 1996
INTESTATE ESTATE OF THE LATE DON MARIANO SAN COURT OF APPEALS, AURELIO OCAMPO DOMINADOR
PEDRO Y ESTEBAN, REPRESENTED BY ITS HEIR-JUDICIAL vs BUHIAN, TERESA DELA CRUZ
ADMINISTRATOR, ENGRACIO SAN PEDRO
Ponente Hermosisima, Jr., J.
Facts Heirs of late Mariano San Pedro laid claim and have been laying claim to the ownership of,
against 3rd persons and the government itself, a total land area of 173,000 has, on the basis
of a Spanish title dated April 25, 1894.
GR No 103727
a complaint for recovery of possession of real property and/or reconveyance with damages
and with a prayer for preliminary injunction was filed by Engracio San Pedro against De
Ocampo, and other defendants alleging that defendants were able to secure from Registry of
Deeds of QC titles to portions of the subject estate and acquire exclusive ownership and
possession through deceit, fraud, bad faith and misrepresentation
Summons were served on 5 defendants, Ocampo, MARECO Inc, dela Cruz, Buhain and Chung
and Chung Tiu.
The lower court ordered dismissal the complaint on the ground that all lands which have
already been legally and validly titled under the Torrens System by private persons shall be
excluded from the coverage of Titulo Propriedad No. 4136.
Motion for reconsideration denied:
1. Neither Titulo propriedad nor a copy was presented
2. Illegible copy of titulo presented not registered under Torrens system
3. Titulo is inferior to registered titled
4. No evidence that OCT of Ocampo, Buhian and dela Cruz were cancelled.
GR No 106496
Letters of administration over intestate estate of Mariano San Pedro was filed with CFI Bulacan
by Engracio San Pedro and Justino Benito who sought to be appointed as administrator and co-
admin.
Engracio San Pedro was appointed administrator of the estate, and Court issued letters of
administration upon posting of 10k bond. Petitions for letters of administration over intestate
estate of Mariano San Pedro was declared null and void and of no legal force and effect.
RP field an intervention to the petition alleging that Titulo is absolutely inadmissible and
ineffective as proof of ownership. The opposition and motion to suspend proceedings were
dismissed by the Court.
RP filed a motion for reconsideration to which Judge Fernandez declared as null and void and
of no legal force and effect the Titulo. CA dismissed appeal of petitioners.
Issue W/N Titulo de Propriedad is null and void
Held Yes.
Ruling It is settled that by virtue of Presidential Decree No. 892 which took effect on February
16, 1976, the system of registration under the Spanish Mortgage Law was abolished and
all holders of Spanish titles or grants should cause their lands covered thereby to be
registered under the Land Registration Act within six (6) months from the date of
effectivity of the said Decree or until August 16, 1976. Otherwise, non- compliance
therewith will result in a re-classification of their lands. Spanish titles can no longer be
countenanced as indubitable evidence of land ownership.
In both cases, petitioners-heirs did not adduce evidence to show that Titulo de
Propriedad 4136 was brought under the operation of P.D. 892 despite their allegation
that they did so on August 13, 1976. Time and again we have held that a mere allegation
is not evidence and the party who alleges a fact has the burden of proving it. Proof of
compliance with P.D. 892 should be the Certificate of Title covering the land registered.