2016 (Civil Law) Bar Exam Questions: Question 14

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XIV-

On February 28, 1998, Arthur filed an application for registration oftitle ofa lot in Temate, Cavite before the Regional Trial Court of Naic, Cavite under Section 48(b) of Commonwealth Act No. 141 (CA 141) for judicial confirmation ofimperfect title. Section 48(b) of CA 141 requires possession counted from June 12, 1945. Arthur presented testimonial and documentary evidence that his possession and that o f his predecessors-in- interest started in 1936. The lot was declared alienable and disposable (A and D) in 1993 based on a PENRO certification and a certified true copy of the original classification made by the DENR Secretary. The government opposed the application on the ground that the lot was certified A and D only in 1993 while the application was instituted only in 1998. Arthur’s possession of five (5) years from the date of declaration does not comply with the 30-year period required under CA 141. Should the possession ofArthur be reckoned from the date when the lot was declared A and D or from the date of actual possession ofthe applicant? Explain. (5%)

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