GR L 10571; (October, 1917) (Digest)
G.R. No. L-10571
October 11, 1917
GLICERIA MARELLA, ET AL., petitioners-appellants, vs. ELIAS AGONCILLO, objector-appellee.
FACTS:
On September 8, 1911, the petitioners filed an application with the Court of Land Registration for the registration of 67 parcels of land located in Batangas under the Torrens system. Among these was Lot No. 24, represented by Plan Exhibit G. Elias Agoncillo opposed the registration of portions of Lot No. 24. After trial, the lower court ordered the registration of the parcels in favor of the petitioners but excluded from Lot No. 24: (a) a strip of 300 square meters along line 11-12, adjudged in favor of Agoncillo; and (b) a public road or passageway about three meters wide along lines 8, 9, 10, 11, and 12. The petitioners appealed, challenging these exclusions. Additionally, petitioner Gliceria Marella sought the registration of Lot No. 24 solely in her name, despite the original petition requesting joint registration for all petitioners.
ISSUE:
1. Whether the lower court erred in excluding (a) the 300-square-meter strip and (b) the three-meter-wide road from Lot No. 24.
2. Whether one of several joint petitioners may have a portion of the land registered as his or her sole and separate property.
RULING:
1. On the exclusions from Lot No. 24:
– Regarding the 300-square-meter strip: The Supreme Court upheld the lower court’s finding that the evidence preponderated in favor of Elias Agoncillo’s claim. The strip, lying parallel to line 11-12 (which is 162.72 meters long), has a width of less than two meters and can be readily ascertained from the plan.
– Regarding the three-meter-wide road: The Court affirmed the existence of the passageway based on testimonial and physical evidence, including camanchile trees and “reymoras” plants marking its boundaries. The petitioners’ evidence failed to establish ownership over the land occupied by this road, and their title deeds did not cover it. Thus, the exclusion was proper.
The decision of the lower court was AFFIRMED in its entirety.
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