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Republic of the Philippines Community Environment and Natural Resources Office CENRO, Zamboanga City IN RE: APPLICATION FOR

HOMESTEAD PATENT: ---------------------------FLORENCIO J. SAMINISTRADO JR. Petitioner -------------------------------------------------------------------------------------------------------------------SPP CASE NO.11-009

MOTION FOR RECONSIDERATION


Comes now, Petitioner through the undersigned counsel file this Motion for Reconsideration unto this Honorable body over the resolution dated July 9, 2011 denying the application for homestead patent of the herein petitioner. 1. The petitioner believes that palpable misappreciation of the facts and interpretations of the law are present. Petitioner therefore, prays for a second look at the application.

2. That in gist, the resolution dismissed the application for two (2) reasons:

ISSUE A:
A. The first person who took possession of the lot is different from the person

presently applying. ISSUE B:


B. At the time of first possession, subject lots applied were not yet declared alienable

and disposable. ARGUMENTS ISSUE A 3. The person presently applying for homestead application is different from the first person who took possession of the lot because the latter sold the lot to the herein petitioner in the amount of One hundred thousand pesos (100,000.00) Philippine currency. 4. In support to which, the former owner Mr. Ryan Teng executed a Deed of Absolute Sale of the land in favor of the herein petitioner attach here as exhibit A. 5. The Deed of Absolute Sale executed by Mr. Teng Stated that he renounced all his rights to the subject property and confirmed the sale made to the herein petitioner on January 29, 2011. 6. Since the execution of the sale of the said lot, the herein petitioner started occupying the property and introduced improvements therein such as additional houses and planting of fruit bearing trees. ISSUE B

7. It is noted that the lot occupied by herein petitioner have yet recently been declared alienable and disposable last February 2011. But in Section 14 of the Property Registration Decree provides that: Section 14 who may apply: The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
(1) Those by themselves or through their predecessor-in-interest have

been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier. (2) Those who have acquired ownership over private lands by prescription under the provisions of existing laws. 8. The predecessor-in-interest of the herein petitioner have been in occupation of the property since 1965, evidence of which is the tax declaration in the name of Ryan Teng, herein as exhibit B. 9. In the case of Republic vs. Court of Appeals (448 SCRA 442) the Supreme Court held that even if possession of the alienable public land commenced on a date later than June 12, 1945 and such possession being been open, continuous and exclusive, then the possessor may have the right to register that land by virtue of Section 14(2) of the Property Registration Decree 10. Prescription is one of the modes of acquiring ownership. Properties classified as alienable public land may be converted into private property by reason of open, continuous and exclusive possession of at least thirty (30) years. Such conversion would fall under section 14(2). Holding in view of the foregoing consideration, it is humbly submitted that a good reconsideration is in order. Wherefore it is most respectfully prayed of this Honorable body to render decision setting aside the resolution dated July 9, 2011. Other relief just and equitable in the premises are likewise prayed for. Respectfully submitted. July 17, 2011. Zamboanga City, Philippines.

FLORENCIO J. SAMINISTRADO JR. Counsel for Petitioner PTR no. IBP No. ROA No. MCLE Compliance No.

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