Republic of the PhilippinesMUNICIPAL TRIAL COURT

7th Judicial RegionSan Fernando, Cebu

APPLICATION FOR ORIGINALREGISTRATION OF TITLE

LRC CASE NO. N-41

Lot No. 5405SOLID EARTH DEVELOPMENT CORP.

Applicant.X ----------------------------------------------------/

COMMENT ON/OPPOSITION TOMOTION FOR RECONSIDERATION

APPLICANT’ ardently insists that the parcel of land it now owns ( Lot No. 6091 ) is the very same piece of land that its predecessor-in-interest earlier owned and possessed. This, despite the fact, that the area of the land owned by the applicant has now ballooned to 12,057 Sq. Meters, as compared to the original 5,257 Sq. Meters piece of land possessed by its predecessor. “It must be borne in mind that what defines a piece of land is not the size or area mentioned in its description, but the boundaries therein laid down, as enclosing the land and indicating its limits ( In Mariano Turquesa, et al. substituted by his Heirs vs. Rosario Valera and CA, [ G.R. No. 76371, January 20, 2000 ] )”, it emphasized. But, does the parcel of land owned by the applicant really have the same boundaries as that of its predecessor’? The undersigned does not think so. Applicant’s land is bounded by a CREEK whereas no creek bounds the land of its predecessor. Besides, the records show that all the previous Tax Declarations of the parcel of land of its predecessor has indicated it as Lot No. 5404 not Lot No. 5405. Unfortunately, applicant failed to sufficiently explain these dissimilarities. The Honorable Court therefore is exactly correct.

WHEREFORE, the denial of this instant motion is prayed for.

Cebu City, Philippines April 15, 2009

JOSE EDWIN A. RENEGADO Prosecutor 11Noted:

FEDERICO V. PANSOY2nd Assistant Provincial Prosecutor

MCLE Comp. No. III-0002112 – 02-03-09

Copy furnished:

ATTY. DENNIS B. TENEFRANCIATenefrancia Truya & Lao-Pineda Law OfficesRm. 405, G. K. Chua Bldg.,

M. J. Cuenco Ave.,Cebu City

THE HON. SOLICITOR GENERAL134 Amorsolo St., Legaspi Village,Makati City

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