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    Vega

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    karmela hernandez
    Republic of the Philippines, petitioners vs. CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN R. VEGA, HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L. YAP, MA. WINONA Y. RODRIGUEZ, MA. WENDELYN V. YAP and FRANCISCO V. YAP, JR., respondents. G. R. No. 177790   January 17, 2011

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    Vega

    Uploaded by

    karmela hernandez
    21 views7 pages
    Republic of the Philippines, petitioners vs. CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN R. VEGA, HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L. YAP, MA. WINONA Y. RODRIGUEZ, MA. WENDELYN V. YAP and FRANCISCO V. YAP, JR., respondents. G. R. No. 177790   January 17, 2011

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    Republic of the Philippines, petitioners vs. CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN R. VEGA, HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L. YAP, MA. WINONA Y. RODRIGUEZ, MA. WENDELYN V. YAP and FRANCISCO V. YAP, JR., respondents. G. R. No. 177790   January 17, 2011

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    21 views7 pages

    Vega

    Uploaded by

    karmela hernandez
    Republic of the Philippines, petitioners vs. CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN R. VEGA, HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L. YAP, MA. WINONA Y. RODRIGUEZ, MA. WENDELYN V. YAP and FRANCISCO V. YAP, JR., respondents. G. R. No. 177790   January 17, 2011

    Copyright:

    © All Rights Reserved
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    Download as pptx, pdf, or txt
    of 7

    Saint Mary's University

    COLLEGE OF LAW
    Bayombong, Nueva Vizcaya

    Case Digest:
    Republic of the Philippines, petitioners
    vs.
    CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN
    R. VEGA, HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L.
    YAP, MA. WINONA Y. RODRIGUEZ, MA. WENDELYN V. YAP
    and FRANCISCO V. YAP, JR., respondents.
    G. R. No. 177790 January 17, 2011
    Components The Case

    Case Citation G. R. No. 177790 January 17, 2011


    Parties Republic of the Philippines, petitioners
    vs.
    CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN R. VEGA,
    HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L. YAP, MA. WINONA
    Y. RODRIGUEZ, MA. WENDELYN V. YAP and FRANCISCO V. YAP, JR.,
    respondents.
    Procedural Hx

    Facts Respondents Vega sought to register a parcel of land, claiming that they inherited the same from their
    deceased mother. Respondent-intervenors Buhayclaimed a portion of the lot in question. The Republic,
    through the Office of the Solicitor General, opposed the claim. The Republic maintains that the parcel of
    land is public domain, and that respondents failed to substantiate that such was alienable. Respondents
    presented as witness an officer from CENRO who testified that the land in question is indeed alienable.
    The RTC ruled in favor of the respondents and ordered titles to be issued in favor of Vega and Buhay. The
    Republic appealed the case to the Court of Appeals, which affirmed the findings of the lower court. The
    Republic files a Petition for Review on Certiorari. The Republic claims that respondents were unable to
    prove that the parcel of land in question is not part of the public domain. Respondent-intervenor Buhay
    challenged the petition as it raises a question of fact, which is outside the scope of Rule 45, a Petition for
    Review on Certiorari.
    G. R. No. 177790 January 17, 2011
    Facts
    Respondents Vega et al claims that they inherited a parcel of land from
    their deceased mother which they sought to register. Solicitor General
    then opposed said claim since the said land is of public domain. RTC and
    CA ruled in favor of the respondents for they have presented an officer
    from CENRO who testified that the land is indeed alienable. Republic then
    files a Petition for Review on Certiorari.
    G. R. No. 177790 January 17, 2011
    Issue
    Whether or not the parcel of land in dispute part of public domain?
    G. R. No. 177790 January 17, 2011
    Holding No

    The rule for registration of government land is that there must be open, continuous, exclusive and
    Rule notorious possession and occupation of alienable government land. The fact of occupation and that the
    land is alienable government land must be proven. In light of a recent ruling, the CENRO certification is
    held to be substantial compliance to the needed proof. Since respondents sought certification from the
    CENRO before, they are in good faith in claiming the land. The proof that they presented may be
    considered as competent and sufficient proof. It is to be noted, however, that this ruling applies pro hac
    vice.
    G. R. No. 177790 January 17, 2011
    Rationale
    Matters of land classification or reclassification cannot be assumed; they call for proof. To prove that the land
    subject of an application for registration is alienable, an applicant must conclusively establish the existence of
    a positive act of the government, such as any of the following: a presidential proclamation or an executive
    order; other administrative actions; investigation reports of the Bureau of Lands investigator; or a legislative
    act or statute. The applicant may also secure a certification from the government that the lands applied for
    are alienable and disposable.

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