"x x x.
An accion reinvindicatoria is an action to recover ownership over real property.[42] Article 434 of the New Civil Code provides that to successfully maintain an action to recover the ownership of a real property, the person who claims a better right to it must prove two things: first, the identity of the land claimed by describing the location, area, and boundaries thereof; and second, his title thereto.[43]
The Court finds that PEC-EDNP was able to successfully prove both requisites by preponderance of evidence, both documentary and testimonial.
The identity of the properties over which PEC-EDNP asserts ownership is well-established. The Ken-geka property is covered by Certificate of Title No. 1, while the Ken-gedeng property is identified as Lot 3 of Survey Plan PSU-118424. The location, area, and boundaries of said properties were verified by relocation surveys conducted in 1947,[44] 1968,[45] 1987,[46] 1991[47] and 1993.[48]
PEC-EDNP likewise proved its title to the Ken-geka and Ken-gedeng properties. The Ken-geka property was registered in the name of the U.S. Episcopal Church under Certificate of Title No. 1 issued on February 18, 1915 . It was conveyed by the U.S. Episcopal Church to PEC through a Deed of Donation dated April 24, 1974 . It was declared by the U.S. Episcopal Church and PEC-EDNP for real property tax purposes under Tax Declaration Nos. 6307, 14326, and A-11179.[49] Although not yet covered by any certificate of title, the Ken-gedeng property had been occupied under claim of title (en concepto dedueño) by PEC-EDNP and its predecessor-in-interest, the U.S. Episcopal Church, since the latter’s arrival in 1901. It was declared by the U.S. Episcopal Church and PEC-EDNP for real property tax purposes under Tax Declaration Nos. 14325 and 6306.[50] PEC-EDNP’s officers, priests, and employees, as well as the Sagada residents testified as to actual possession by PEC-EDNP of the Ken-geka and Ken-gedeng properties by the introduction of improvements such as permanent buildings, pine trees, fruit trees, and vegetable gardens thereon.
The Court quotes with approval the following observations of the Court of Appeals in its Decision dated August 26, 2005 :
The plaintiff established its ownership and possession of the contested lots through the various documents under and in the name of its predecessor-in-interest, the [U.S. Episcopal Church], specifically: deed of donation; approved plat of sales survey; and the approved survey plan and owner’s copies of Tax Declaration Nos. 6307, 14326, A-11179, 14325 and 6306. In contrast, the defendants mainly relied on the supposed non-existence of OCT No. 1 that rested solely on the certification of Atty. Dulay-Papa of the Registry of Deeds-Mountain Province.
We consider the testimonial and documentary evidence of the plaintiff sufficient, clear and competent in establishing its absolute ownership and actual possession of the disputed areas which were within its properties. The survey plans, prepared upon the request of the plaintiff, were approved by the Director of Lands, which, standing alone, might not be conclusive proofs of ownership, but were already proof that the plaintiff had taken steps to assert and protect its ownership and possession of the premises. Being public documents, such survey plans were entitled to great weight and credence as “evidence of the facts which gave rise to their execution.” Moreover, the plaintiff’s tax declarations, although not proof of ownership, were strong evidence of ownership for being coupled with possession for a period sufficient for prescription. In sum, the plaintiff’s documentary evidence was overwhelming.
The plaintiff’s testimonial evidence was equally formidable, because it was provided by witnesses who were very knowledgeable and reliable. Fr. Arthur Bosaing had resided in the property for almost 26 years, such that his testimony that the disputed parcels were inside the mission lot where a building and other improvements of the plaintiff were found might not be disputed. Retired Bishop Robert Lee O. Longid attested that he and his father had lived from 1928 to 1931 in a building called the Fox House, which was located near the portion being claimed by the Decalengs. Even defendant Julia Decaleng admitted on cross-examination that there was a building owned by the plaintiff in one of the disputed lots. She was referring to the plaintiff’s building known as Doctor’s Quarters which was then occupied by Fr. Bosaing.
It is apt to observe that actual possession of an owner did not need to be the actual and physical possession and occupation of every inch or portion of the property. That is an impossibility. Constructive possession is sufficient, for, according to Ramos v. Director of Lands: “The claimant has color of title; he acted in good faith; and he has had open, peaceable, and notorious possession of a portion of the property, sufficient to apprise the community and the world that the land was for his enjoyment. (See Arts. 446, 448, Civil Code.) Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession. x x x”[51]
The spouses Decaleng attempt to raise doubts as to the title of PEC-EDNP over the Ken-geka property by insisting that (1) PEC-EDNP failed to present the original copies of Certificate of Title No. 1 and the Deed of Donation dated April 24, 1974 during the trial before the RTC; and (2) Certificate of Title No. 1 does not exist based on the Certification dated July 20, 1992 of Register of Deeds Angela Dailay-Papa (Dailay-Papa) of the Mountain Province.
It is worthy to point out that PEC-EDNP presented and marked the photocopies of Certificate of Title No. 1 and the Deed of Donation dated April 24, 1974 in the course of the testimony of Rev. Henry Hakcholna on June 10, 1993 before the RTC. Even though the defense counsel stated for the record the defense’s position that Certificate of Title No. 1 is non-existent, he did not make any objection to the presentation and marking of the photocopies of Certificate of Title No. 1 and the Deed of Donation dated April 24, 1974 by PEC-EDNP, and even admitted that said photocopies appear to be faithful reproductions of the “purported” original documents.[52]
x x x."
