Republic of the Philippines

First Judicial Region

Municipal Trial Court in Cities
City of San Fernando, La Union
Branch II

-o0o-
APPLICATION FOR LAND
REGISTRATION
LRA RECORDS NO LRC CASE
NO. __________________

SPS. ABC and XYZ,

Applicants.
x -------------------------------x

MOTION FOR RECONSIDERATION

With prayer for the issuance of subpoena duces tecum and

ad testificandum

With all due respect to the Honorable Court.

The Applicants, through undersigned counsel, most

respectfully state that:
1. On June 15, 2019, they received a copy of the Decision of the
Honorable Court in the above-entitled case dated May 22, 2019,
the dispositive portion is as follows:

Xxx

WHEREFORE, the application filed herein is hereby

DENIED for failure to comply with all the requisites for the
registration as provided under sections 14 (1) and 14 (2)
of PD 1529. xxx

2. The applicants may have complied with sections 14(1) and

proven their possession thru their predecessors-in-interest from
June 12, 1945 or even earlier;

3. In Republic v. Del Sol1 states that “ Tax declarations have

probative value in land registration proceedings” and
further citing Mistica v. Republic, 615 Phil. 468, 477 (2009),
reiterated that “xxx Although a tax declaration by itself is
not adequate to prove ownership, it may serve as

G.R. No. 211698, May 30, 2016

 sufficient basis for inferring possession. The voluntary
declaration of a piece of real property for taxation
purposes not only manifests one's sincere and honest
desire to obtain title to the property, but also announces
an adverse claim against the state and all other
interested parties with an intention to contribute needed
revenues to the government. Such an act strengthens
one's bona fide claim of acquisition of ownership.”;

4. Unfortunately, the farthest and oldest Tax Declaration that was

presented and brought during the trial by the Office of the City
Assessor of San Fernando, La Union was Tax Declaration
21954 (Exhibit O-18) that was issued in 1953;

5. However, going over Tax Declaration 21954 the same reveals

that it cancelled Tax Declaration 3492 in the name of
Anastacia Corpuz which begins with the year 1948;

6. That the applicants were able to secure a copy of Tax Declaration

No. 3492 but it was not among those submitted before this
Honorable Court by the City Assessor when called to testify;

7. Interestingly, Tax Declaration No. 3492 cancels Tax

Declaration 2009, but the applicants were not able to secure
this Tax Declaration because according to the Office of the City
Assessor of San Fernando, La Union, their records were
destroyed during World War II;

8. A revisit of San Fernando’s history reveals that it was liberated

from the Japanese forces on March 24, 1945;

9. By inference, Tax Declaration 2009 is necessarily a Tax

Declaration that was issued before the liberation from the
Japanese forces on March 24, 1945 since it was among those
burned or destroyed during World War II;

10. The applicant can no longer present witnesses who are still
alive to testify on the possession of the late Anastacia Corpuz,
but is only relying on the Tax Declaration to prove possession.
Hence the applicants need a subpoena duces tecum of the City
Assessor of San Fernando City, La Union or the Provincial
Assessor of the Province of La Union and to testify on the
following documents:
 a. Tax Declaration No. 3492 in the name of Anastacia Corpuz;
and
b. Tax Declaration No. 2009 in the name of Anastacia Corpuz;

11. This motion is not intended to delay the proceedings but

solely for the above-stated reasons.

San Fernando City, La Union, this 25th day of June 2019.

PRAYER
WHEREFORE, after due notice and hearing, it is respectfully
prayed that the decision of the Honorable Court dated May 22, 2019,
be reconsidered thereby granting the prayer of the applicants to
have their imperfect title confirmed.
Further, that a subpoena duces tecum and ad testificandum
be issued on the City Assessor of San Fernando City, La Union or/and
the Provincial Assessor of the Province of La Union, who is in custody
of Tax Declaration Nos. 3492 and 2009 in the name of Anastacia
Corpuz.

Other reliefs just and equitable under the premises are likewise
prayed for.

June 25, 2019 in San Fernando City, La Union.

JUANA and JUAN By:

LAW OFFICES ATTY. JUAN DELA CRUZ
Counsel for applicants

Notice/Copy furnished:

The Branch Clerk of Court

MTCC branch II
San Fernando City, La Union

Office of the City Prosecutor

Justice Hall, Sevilla
San Fernando City, La Union

OFFICE OF THE SOLICITOR GENERAL

134 AMORSOLO ST., LEGASPI VILLAGE
1229, MAKATI CITY
Land Registration Authority
East Avenue Corner Nia Road
Diliman
1101 Quezon City

Register of Deeds, San Fernando City

2500 La Union

Please take notice that the undersigned counsel will be submitting the
foregoing motion with further oral arguments on July 18, 2019 at 9:00
in the morning.

EXPLANATION
The foregoing Motion for Reconsideration was filed and served thru
registered mail due to distance between offices and lack of messenger
to personally serve it.

ATTY. JUAN DELA CRUZ