GR L 1383; (April, 1949) (Digest)
G.R. No. L-1383; April 30, 1949
PAZ ESCARELLA DE RALLA, petitioner, vs. THE DIRECTOR OF LANDS, respondent.
FACTS
Petitioner Paz Escarella de Ralla applied for registration of a large tract of land (843.9115 hectares) in Libon, Albay, claiming acquisition through purchase from various owners. The Director of Lands and several homestead/free patent applicants opposed, asserting the land was part of the public domain. The Court of First Instance of Albay granted registration, but the Court of Appeals reversed, finding that the applicant failed to establish a registrable title over the entire tract, except for a portion (467.5518 hectares) covered by one deed (Exhibit D). The Court of Appeals also found that the boundaries of this portion were not properly identified in the survey plan and that homesteaders/free patent applicants had established bona fide claims over parts of the land. The case was remanded for resurvey and exclusion of the areas occupied by oppositors. Petitioner appealed to the Supreme Court via certiorari.
ISSUE
Whether the Court of Appeals erred in denying adjudication of the entire land to the petitioner and in ordering the exclusion of portions occupied by homestead and free patent applicants.
RULING
The Supreme Court affirmed the decision of the Court of Appeals. The Court held that the findings of the Court of Appeals were factual and supported by evidence. The petitioner’s title was deemed deficient and uncertain against the bona fide claims of the homesteaders and free patent applicants, who had actually occupied, cultivated, and established homes on the land. The order for resurvey and exclusion of the oppositors’ portions was proper. The pronouncement that the petitioner had a registrable title to the portion covered by Exhibit D was limited by the superior rights of the actual occupants.
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