Pormellosa vs. Land Tenure Administration 1 SCRA 375

digested by LLB 1-4 College of Law, Polytechnic University of the Philippines

Facts: The lot in controversy is a part of the Santa Clara Estate on which many families have settled through the consent of its owner, each paid a rental. In May 1941, the said Estate was acquired by the Government & was entrusted to an office known as the Rural Progress Admin., which was later abolished & its functions was transferred to the Bureau of Lands. Recently, such duties was given to the Land Tenure Administration.

The plaintiff acquired by purchase the right of occupation of the lot in question from Vicente San Jose, predecessor-in-interest. After the purchase of the Santa Clara Estate by the Government, the plaintiffs were allowed to make payments on account of the purchase price of the lot, as fenced, included two hundred (200) sq.m. Thereafter, the plaintiffs found out that the lot had been subdivided into two (2) smaller lots, No. 44 and 78. Lot No. 44 had been sold to Hermino Guzman. The plaintiffs then filed a complaint to compel the Director of Lands to execute a Deed of Sale in their favor & declare null and void the Deed of Sale of Lot No. 44, executed in favor of respondent Hemino. The trial court rendered judgment in favor of plaintiff, but was reversed by the Court of Appeals, dismissing the petitioner’s complaint. Hence, this petition.

Issue: Whether or not the plaintiffs are entitled to purchase from the Government the lot, allegedly includes 200 sq.m.

Held: The judgment under review was affirmed.

The lot on which San Jose’s house stood had not been specified, nor had the boundaries thereof been mentioned. Significantly, the plaintiff cannot show a contract whereby the Rural Progress Admin., has sold or promised to sell them a lot of 200 sq.m. A party claiming a right granted or created by law must prove his claim by competent evidence. He must rely on the strength of his evidence and not on the weakness of that of his opponent.

Moreover the Deed of Sale allegedly executed by Vicente San Jose in favor of Pornellosa is a mere private document and does not conclusively establish their right to the parcel of land. Acts and contracts which have for their subject the creation, transmission, modification or extinguishment of real rights over immovable property must appear in a public document.