Wednesday 14 November, 2018
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Walang pwedeng magmay-ari! SC rules Calumpang Point Naval Reservation is inalienable

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The Supreme Court (SC) upheld a ruling by the Court of Appeals (CA) declaring that several parcel of lands in Cavite are all within the Calumpang Point Naval Reservation, thus cannot be privately titled.

This as the SC affirmed the May 26, 2004 decision and May 23, 2005 resolution of the CA upholding the testimony of Eleuterio R. Paz, Chief of the Survey Division of the Bureau of Lands-Region 4.

The consolidated petitions for review have sought to reverse the CA rulings which nullified the decision of the Regional Trial Court, Branch 15, Naic, Cavite (RTC) in a case for application of registration of title.

The CA had held that even if Proclamation No. 307 qualifies the reservation as being subject to private rights, the private complainant had not established by adequate proof their open, continuous, exclusive, and notorious possession over the subject lands.

In December 1974, Geronimo, Josefino, and Rodrigo, all surnamed Saclolo filed before the then Court of First Instance, now Regional Trial Court, Naic, Cavite, a joint application for registration of title over three (3) parcels of land, with a total area of 3,752,142 square meters and located at Sitio Sinalam, Bario Sapang, Ternate, Cavite.

The family claimed that they had acquired title to the subject lands through purchase and that together with their predecessors-in-interest, they had been in actual and exclusive possession, occupation, and cultivation of the subject lands since time immemorial.

The government, thru the Director of Lands filed oppositions arguing that the subject lands are not alienable and disposable because they are located within the Calumpang Point Naval Reservation, segregated from the public domain by Proclamation
No. 307, dated November 20, 1967.

The Sc held that there is no evidence proving Saclolos’ claims.

“In the case at bar, no such proclamation, executive order, administrative action, report, statute, or certification was presented to the Court. The records are bereft of evidence showing that the subject lands were proclaimed by the government to be alienable and disposable,” the SC said.

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