With the advancing technologies, Geodetic Engineers use, other than conventional survey methods, modern surveying techniques in conducting relocation survey of lands involved in court cases. Among the methods used are – aerial or drone surveys, Mobile Apps like HUNT, Top Survey, GPS Area Measurements, LandGlide, Apglos Survey Wizard, Regrid Property App, Mapmyland, etc., Google Maps/Earth, Microsoft EXCEL, or GPS technology.
Question is – How helpful to the Courts are Sketch Plans prepared by Geodetic Engineers using modern surveying techniques?
Philippine Court’s Jurisdiction: Basis
In 2021, a law was passed vesting jurisdiction to first level courts all civil actions involving title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Php400,000.00. Thus, the property’s assessed value, the one assigned by local tax assessor's office for the purpose of calculating property taxes, is determinative of Philippine courts’ jurisdiction, rather than the market value.
The three common land-related disputes in the Philippines are -
- Boundaries disputes between neighbors;
- Having illegal entrants on one’s property;
- Defective titles due to overlapping technical descriptions, discrepancies in areas, or it may have same title numbers but different technical descriptions or vice versa and they give rise to different causes of action - from recovery of possession or of ownership to annulment or quieting of title.
Probative Value of Land Survey
Land/Boundary Survey involves accurate measurement and mapping of the physical features of a land. It seeks to establish/re-establish physical position and extent of the boundaries of real property.
By defining what is survey, the Philippine Supreme Court, in the case of Heirs of Pabaus v. Heirs of Yutiamco, highlighted its importance as:
Survey is the process by which a parcel of land is measured and its boundaries and contents ascertained; also a map, plat or statement of the result of such survey, with the courses and distances and the quantity of the land. A case of overlapping of boundaries or encroachment depends on a reliable, if not accurate, verification survey.
Modern surveying methods are better used in large-scale projects and they have limited accessibility in densely populated areas; because it can be done in a shorter period of time, it is more expensive.
Courts are guided by the Philippine Supreme Court ruling in the case of Mancol v. DBP, GR No. 204289, November 22, 2017 that:
"The admissibility of evidence depends on its relevance and competence, while the weight of evidence pertains to evidence already admitted and its tendency to convince and persuade.
Admissibility refers to the question of whether pieces of evidence are to be considered at all, while probative value refers to the question of whether the admitted evidence proves an issue. Thus, a particular item of evidence may be admissible, but its evidentiary weight depends on judicial evaluation within the guidelines provided by the rules of evidence."
On illegal entrants, the Philippine Supreme Court ruled in Ebancuel v. Acierto, et al., G.R. No. 214540, July 28, 2021 that registered owners of lots have rights to eject any person illegally occupying their property. Even if it be supposed that they were aware of the occupants, and regardless of the length of the latter’s possession, the lawful owners have rights to demand the return of their property at any time as long as the possession was unauthorized or merely tolerated. The right is neither imprescriptible nor barred by laches. Occupants’ possession, even in good faith, will not ripen into ownership. No title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession.
With boundary disputes/defective titles in cases of Spouses Yu Hwa Ping and Mary Gaw v. Ayala Land, Inc., GR No. 173120 and Heirs of Spouses Andres Diaz and Josefa Mia v. Ayala Land, Inc., GR No. 173141, both dated April 10, 2019, it was ruled that errors in certificate of title that relate to technical description and location cannot just be disregarded as mere clerical aberrations that are harmless in character, but must be treated seriously so as not to jeopardize the integrity and efficacy of Torrens system of registration of real rights to property. When the technical description appearing in the title is erroneous, courts have no other recourse but to order its cancellation and cause the issuance of a new one that would conform to the mutual agreement of parties in the deed.
The rule on superiority - First in Time, Stronger in Right, is not absolute. If it can be ascertained by ordinary rules of construction relating to written documents, that there is a mistake, it may be rectified by holding the latter of the two certificates of title to be conclusive.
Conclusion
Land-related disputes necessitate the assistance of experts in the field of geodetic engineering. Surveyors make an evaluation and analysis of titles in conflict with each other. Given their background, expertise and experience, courts may rely on their findings and conclusions in determining who owns what.
They are called upon as expert witnesses tasked to explain to the court the facts. Regardless of methods used, the burden lies with how they explain the process involving Sketch/Location Plan, for an accurate survey ensures fair and just outcome for all parties involved. Success or failure of land related disputes rests on the testimony of the surveyor as an expert. The better the surveyor can explain, the easier it will be for the judge to understand the process.
Sketch plans may be admitted in evidence, but it does not mean that it will be given weight. Matters of encroachment or errors in technical description as indicated in certificates of title must be shown. Only, the advancing technologies that offer speed and precision tend to undermine the expertise of a surveyor when it comes to mathematics and measurements, and this should not replace accuracy with precision.