In property disputes involving encroachment, the burden of proof lies on the party claiming ownership and seeking to recover possession. This case underscores that the party must sufficiently establish that the portions occupied by the respondents were actually part of the property covered by their Transfer Certificate of Title. A relocation plan that fails to demonstrate encroachment cannot serve as competent proof, even if approved by the Land Management Bureau. This ruling emphasizes the importance of accurate and consistent documentation in land disputes, ensuring that property rights are protected through reliable evidence.

Boundary Disputes and the Burden of Proof: Who Must Show Encroachment?

The case of Heirs of Marsella T. Lupena vs. Pastora Medina, et al. revolves around a dispute over land ownership and alleged encroachment. Marsella T. Lupena, now substituted by her heirs, filed a complaint seeking to recover possession of a portion of her registered land, claiming that the respondents had unlawfully occupied parts of it. The central legal question is whether the petitioners, the Heirs of Lupena, sufficiently proved that the respondents had indeed encroached on their property, as evidenced by an approved relocation plan.

The core issue lies in the petitioners’ burden of proof to demonstrate that the respondents encroached on the land covered by Transfer Certificate of Title (TCT) No. 18547. To establish this, the petitioners presented a relocation plan prepared by a licensed surveyor, Engineer Oscar Tenazas, which they claimed showed the extent of the encroachment by each respondent. However, the Regional Trial Court (RTC) and subsequently the Court of Appeals (CA) found that the relocation plan did not conclusively prove that the respondents’ properties overlapped with Lupena’s registered land. The RTC noted that the relocation plan lacked indication that the notice requirement was complied with by Engr. Tenazas, while the CA emphasized that the relocation plan itself did not indicate any encroachment.

The Supreme Court affirmed the CA’s decision, underscoring the principle that the burden of proof rests on the party asserting a claim. In this case, the Heirs of Lupena needed to provide competent evidence that the respondents had indeed encroached upon their property. The Court emphasized that the question presented was purely factual, involving the re-weighing and re-assessment of the evidentiary value of the relocation plan. This task is generally outside the purview of the Supreme Court, which is not a trier of facts. The Court held that in the absence of clear and convincing evidence demonstrating encroachment, the claim for recovery of possession must fail. A closer look at the evidence will show why it failed to pass legal scrutiny.

According to the Revised Manual for Land Surveying Regulations in the Philippines, geodetic engineers conducting relocation surveys must indicate in their plans the positions of buildings, fences, walls, and other permanent improvements adversely affected by the determination of boundaries. Section 643(e) states that the geodetic engineer shall inform any owner affected by the determination of boundaries and obtain a statement from the owner that he has been informed. The petitioners argued that the relocation plan they presented was admissible and competent to show encroachment. However, the Court of Appeals (CA) found that the relocation plan heavily relied upon by the petitioners failed to indicate that the subject property was encroached upon by the respondents.

The Supreme Court noted that the petitioners themselves admitted that the relocation plan stated that there were no such adverse buildings, fences, walls, and other structures put up in the subject property. The petitioners then shifted their argument, claiming that the respondents had erected temporary structures, such as sheds, shanties, and makeshift fences, which do not need to be indicated in the plan because they are not permanent structures. The court rejected the petitioners’ attempt to change their theory of the case. The Supreme Court referred to what happened during the trial wherein the petitioners made it abundantly clear that the respondents encroached on the subject property by building houses and occupying them. Such cannot be categorized as temporary structures.

This ruling reinforces the significance of the details within survey plans and the necessity for consistency in legal claims. The Court’s decision highlights the importance of accurately presenting factual claims and providing supporting documentation. The failure to provide solid evidence undermines the plaintiff’s cause of action. In effect, the Court emphasized that the content of a relocation plan should align with the allegations made by the plaintiff.

This case has significant implications for property owners and legal practitioners involved in land disputes. Firstly, it underscores the importance of conducting thorough and accurate surveys to determine property boundaries and any potential encroachments. Secondly, it highlights the need for clear and consistent documentation that supports the claims made by property owners in legal proceedings. Thirdly, it serves as a reminder that the burden of proof lies on the party asserting a claim, and that they must provide competent evidence to support their allegations. Therefore, it is important for property owners to secure all necessary documentation and expert assistance to adequately prove their case.

The decision also clarifies the role of the courts in resolving property disputes. The Supreme Court reiterated that it is not a trier of facts and will not re-weigh evidence presented in the lower courts unless there is a clear showing of error or abuse of discretion. This reinforces the principle that the lower courts are primarily responsible for evaluating the evidence and making factual findings, and that the Supreme Court’s role is limited to reviewing questions of law.

FAQs

What was the key issue in this case?	The key issue was whether the Heirs of Lupena sufficiently proved that the respondents encroached on their property, based on the evidence presented, particularly the relocation plan.
What is a relocation plan?	A relocation plan is a survey document prepared by a licensed geodetic engineer to determine the exact location and boundaries of a property. It is often used in resolving boundary disputes and identifying encroachments.
Who has the burden of proof in an encroachment case?	The burden of proof lies on the party claiming ownership and asserting that another party has encroached on their property. They must provide competent evidence to support their claim.
Why was the relocation plan not considered sufficient proof of encroachment?	The relocation plan was not considered sufficient proof because it did not indicate that any buildings, fences, walls, or other permanent structures were erected by the respondents on the subject property.
What is the significance of the Revised Manual for Land Surveying Regulations in the Philippines?	The Revised Manual sets the standards and procedures for land surveys in the Philippines, including the requirements for relocation plans and the duties of geodetic engineers.
Can a party change their theory of the case during trial?	No, a party cannot change their theory of the case during trial. The court will generally only consider evidence and arguments that are consistent with the original claims and allegations made by the party.
What is the role of the Supreme Court in property disputes?	The Supreme Court primarily reviews questions of law and does not generally re-weigh evidence presented in the lower courts. It relies on the factual findings of the lower courts unless there is a clear showing of error or abuse of discretion.
What type of structures should be indicated in a relocation plan?	According to the Revised Manual for Land Surveying Regulations in the Philippines, geodetic engineers should indicate in their plans the positions of buildings, fences, walls, and other permanent improvements adversely affected by the determination of boundaries.

In conclusion, the Heirs of Marsella T. Lupena vs. Pastora Medina, et al. case underscores the crucial role of accurate survey plans and consistent factual claims in property disputes involving encroachment. It highlights the importance of providing competent evidence to support allegations and the limitations of the Supreme Court in re-evaluating factual findings. It is thus paramount for property owners to secure all necessary documentation and expert assistance to adequately prove their case. This decision serves as a reminder of the need for thoroughness and precision in land disputes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Heirs of Marsella T. Lupena vs. Pastora Medina, G.R. No. 231639, January 22, 2020