The Supreme Court has dismissed the claim of several individuals over 13.9 hectares of land, part of the 35.5-hectare property in Makati City registered in the name of Bases Conversion and Development Authority .
The SC decision affirmed the ruling handed down by the Court of Appeals in 2017. The CA ruling upheld those issued by both the Makati City metropolitan trial court in 2013 and the regional trial court in 2014, respectively.“All told, the CA properly affirmed the ruling of the RTC, which sustained the MeTC decision dismissing the case for lack of merit.
They said that while they were in peaceful and undisturbed possession of the property, the BCDA in 2012 entered their landholdings and told them to vacate the property and to demolish the structures they had constructed.In its answer to the complaint, BCDA said that Alcantara’s claim of ownership was fraudulent because the property had been declared a military reservation since 1950.BCDA said:
BCDA pointed out that TCT No. 340178 in the name of Alfabeto was derived from TCT No. 258699, which, in turn, emanated from OCT No. 291 that had been cancelled already.On June 17, 2013, the MeTC dismissed the complaint for lack of merit with a ruling that the TCT relied upon by Balmaceda and his group was traced to OCT 291 issued in 1906.
Undeterred, Balmaceda and his group appealed the ruling before the RTC which denied their appeal. They elevated the case to the CA.“Under the circumstances, the Court finds no cogent reason to disturb the uniform rulings of the MeTC, RTC, and CA dismissing the case for lack of merit,” the SC said. Citing its 2006 decision, the SC said that “jurisprudence has repeatedly explained that a military reservation cannot be registered or be a subject of a private disposition or appropriation unless it will be declared alienable and disposable land of public domain.”
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