GR 36767; (February, 1933) (Digest)
G.R. No. 36767 ; February 21, 1933
MISAMIS LUMBER CO., INC., applicant-appellant, vs. THE DIRECTOR OF LANDS, ET AL., oppositors-appellees.
FACTS
Misamis Lumber Co., Inc. filed an application for land registration under the Torrens system. The land, covering approximately 709 hectares, was largely forested as late as 1925. Multiple oppositions were filed by the Directors of Lands and Forestry, various homesteaders (including Marciano Aldemita and Pablo Natividad who had entered, cleared, and cultivated portions since 1926), and other claimants. The applicant based its claim on a series of purchases: first, acquiring two-thirds of a 237-hectare tract from Salvador and Vicente Leri (who had bought it from the Ledesma heirs), and later, the remaining one-third directly from the Ledesma heirs. The applicant claimed this tract originated from a possessory information title of the late Simeon Ledesma. At the time the applicant took possession, the land was still forested.
ISSUE
Whether the applicant, Misamis Lumber Co., Inc., has sufficiently proven its ownership and, crucially, the identity of the land it seeks to register.
RULING
No. The application for registration was properly dismissed. The Supreme Court affirmed the trial court’s findings, emphasizing the fundamental rule that an applicant for land registration bears the burden of proof. The applicant must satisfactorily establish not only its ownership but also the specific identity of the land claimed. The evidence presented by the applicant was found to be “absolutely unsatisfactory and utterly insufficient” to identify the land described in the application or to correlate it with the portions allegedly purchased from the Neris and Ledesmas. The court noted that granting the application would include land belonging to other persons, such as the opposing homesteaders. The dismissal was without costs.
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