5 Guidelines in Case of Conflicting Claims of Title of Land
The definitive conclusions reached by the Court thus far in these cases are spelled out in Part VI of this Resolution. Said conclusions serve to guide the Court of Appeals in hearing these cases on remand.
The Court hereby constitutes a Special Division of the Court of Appeals to hear these cases on remand. The Special Division shall be composed of three Associate Justices of the Court of Appeals, namely; Justice Josefina Guevara-Salonga as Chairperson; Justice Lucas Bersamin as Senior Member; and Associate Justice Japar B. Dimaampao as Junior Member.
The Special Division is tasked to hear and receive evidence, conclude the proceedings and submit to this Court a report on its findings and recommended conclusions within three (3) months from finality of this Resolution.
In ascertaining which of the conflicting claims of title should prevail, the Special Division is directed to make the following determinations based on the evidence already on record and such other evidence as may be presented at the proceedings before it, to wit:
i. Which of the contending parties are able to trace back their claims of title to OCT No. 994 dated 3 May 1917? (TRACING BACK TITLE)
ii. Whether the imputed flaws in the titles of the Manotoks and Araneta, as recounted in the 2005 Decision, are borne by the evidence? Assuming they are, are such flaws sufficient to defeat the claims of title of the Manotoks and Araneta? (FLAWS IN TITLE)
iii. Whether the factual and legal bases of 1966 Order of Judge Muoz-Palma and the 1970 Order of Judge Sayo are true and valid. Assuming they are, do these orders establish a superior right to the subject properties in favor of the Dimsons and CLT as opposed to the claims of Araneta and the Manotoks? (SUPERIOR TITLE)
The Court hereby constitutes a Special Division of the Court of Appeals to hear these cases on remand. The Special Division shall be composed of three Associate Justices of the Court of Appeals, namely; Justice Josefina Guevara-Salonga as Chairperson; Justice Lucas Bersamin as Senior Member; and Associate Justice Japar B. Dimaampao as Junior Member.
The Special Division is tasked to hear and receive evidence, conclude the proceedings and submit to this Court a report on its findings and recommended conclusions within three (3) months from finality of this Resolution.In ascertaining which of the conflicting claims of title should prevail, the Special Division is directed to make the following determinations based on the evidence already on record and such other evidence as may be presented at the proceedings before it, to wit:
i. Which of the contending parties are able to trace back their claims of title to OCT No. 994 dated 3 May 1917? (TRACING BACK TITLE)
ii. Whether the imputed flaws in the titles of the Manotoks and Araneta, as recounted in the 2005 Decision, are borne by the evidence? Assuming they are, are such flaws sufficient to defeat the claims of title of the Manotoks and Araneta? (FLAWS IN TITLE)
iii. Whether the factual and legal bases of 1966 Order of Judge Muoz-Palma and the 1970 Order of Judge Sayo are true and valid. Assuming they are, do these orders establish a superior right to the subject properties in favor of the Dimsons and CLT as opposed to the claims of Araneta and the Manotoks? (SUPERIOR TITLE)
iv. Whether any of the subject properties had been the subject of expropriation proceedings at any point since the issuance of OCT No. 994 on 3 May 1917, and if so what are those proceedings, what are the titles acquired by the Government and whether any of the parties is able to trace its title to the title acquired by the Government through expropriation. (GOVERNMENT INTERVENTION)
v. Such other matters necessary and proper in ascertaining which of the conflicting claims of title should prevail. (G.R. No. 123346; December 14, 2007)
v. Such other matters necessary and proper in ascertaining which of the conflicting claims of title should prevail. (G.R. No. 123346; December 14, 2007)