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Public Estates Authority, et al. vs. Court of Appeals, et al. 345 SCRA 96

PUBLIC ESTATES AUTHORITY, RICARDO PEÑA AND RAMON AURELLANO, JR., petitioners, vs. HON. COURT OF APPEALS, HON. OMAR U. AMIN, in his capacity as PRESIDING JUDGE, Branch 135, Regional Trial Court of Makati, and BERNARDO DE LEON, respondents.

G.R. No. 112172 | 2000-11-20

D E C I S I O N

PARDO, J.:

The case is an appeal via certiorari from the decision of the Court of Appeals affirming that of the Regional Trial Court, Makati, Branch 135 ruling that the respondent Bernardo de Leon has a legal right to the peaceful possession of Lot 5155 merely because he has a cadastral map issued in 1962 and a certification that Lot 5155 was alienable and disposable, plus tax declaration thereon.[1]

The facts, as found by the Court of Appeals, are as follows:

The Public Estates Authority (PEA) claims that Lot No. 5155 used to be under water and was part of the salvage zone until it was reclaimed by the PEA in November of 1982;...