09 Republic V Rizalvo Lim
09 Republic V Rizalvo Lim
Topic: Character of Ownership; B. Patrimonial Property of the State o In support of his claim, he presented, Tax
Declarations, and Proof of Payment of real property
RECIT-READY: taxes beginning in 1952 up to 2000.
Rizalvo filed in the MTC of La Union an application for registration of The Office of the Solicitor General (OSG) filed an Opposition
a parcel of land in La Union which he alleges that he is an owner in alleging that neither Rizalvo nor his predecessors-in-interest
fee simple which he obtained title over (via Deed of Transfer) from had been in open, continuous, exclusive and notorious
his mother. He presented tax declarations under his name and proof possession and occupation of the subject property since
of Real Property taxes from 1952 up to filing of application in Dec 7, June 12, 1945 or earlier and that the tax declarations and tax
2000 and CENRO cert stating that land falls within alienable and payment receipts did not constitute competent and sufficient
disposable zone. The SC held that Rizalvo and his predecessors-in- evidence of ownership. The OSG also asserted that the
interest were not in open, continuous, adverse and public possession subject property was a portion of public domain belonging to
of the land in question. Sec 14 of PD 1529 of Prop registration the Republic of the Philippines and hence not subject to
decree states that applicants for registration of title must sufficiently private acquisition.
establish: 1. that the subject land forms part of the disposable and Land Investigator/Inspector Dionisio L. Picar of the
alienable lands of the public domain; 2. that the applicant and his Community Environment and Natural Resources Office
predecessors-in-interest have been in open, continuous, exclusive (CENRO) of San Fernando, La Union submitted a report on
and notorious possession and occupation of the same; 3. that it is July 17, 2001. Aside from the technical description of the
under a bona fide claim of ownership since June 12, 1945, or earlier. land, the report certified that indeed the subject parcel of
First and second were satisfied but not the third. CENRO certification land was within the alienable and disposable zone and that
is not enough in order to commence the 30 year prescriptive period the applicant was indeed in actual occupation and
under Sec 14. There was no express declaration by the State that possession of the land
the subject land is no longer intended for public service before
prescriptive period starts to run, thus there appears no basis for the ISSUE: Whether or not Rizalvo and his predecessors-in-interest
application of the thirty (30)-year prescriptive period in this case were in open, continuous, adverse and public possession of the land
in question in the manner and length of time required by law as to
FACTS: entitle respondent to judicial confirmation of imperfect title?
On December 7, 2000, Teodoro P. Rizalvo, Jr. filed before
the MTC of Bauang, La Union, an application for the HELD: NO. Rizalvo failed to prove open, continuous, adverse
registration of a parcel of land located in Bauang, La Union possession of subject property since June 12, 1945 or earlier.
Rizalvo alleged:
o that he is the owner in fee simple of the subject
Section 14 of Presidential Decree (P.D.) No. 1529 provides:
parcel of land
o that he obtained title over the land by virtue of a
SEC. 14. Who may apply.—The following persons may file in the
Deed of Transfer dated December 31, 1962,
proper Court of First Instance an application for registration of title to
(acquired the subject property by purchase from his
land, whether personally or through their duly authorized
mother, Bibiana P. Rizalvo)
representatives:
His mother stated that she purchased the lot
from Eufrecina Navarro, as evidenced by the
Absolute Deed of Sale dated July 8, 1952.
(1) Those who by themselves or through their predecessors-in- title under Section 14 (2) of P.D. No. 1529? To this question
interest have been in open, continuous, exclusive and notorious we likewise answer in the negative.
possession and occupation of alienable and disposable lands of the An applicant may be allowed to register land by means of
public domain under a bona fide claim of ownership since June 12, prescription under existing laws. It is well settled that
1945, or earlier. prescription is one of the modes of acquiring ownership and
(2) Those who have acquired ownership of private lands by that properties classified as alienable public land may be
prescription under the provisions of existing laws. converted into private property by reason of open,
continuous and exclusive possession of at least thirty years.
The first requirement was satisfied in this case. The On this basis, respondent would have been eligible for
certification and report submitted by Special Investigator I application for registration because his claim of ownership
Dionisio L. Picar of the CENRO of San Fernando City, La and possession over the subject property even exceeds
Union, states that the entire land area in question is within thirty (30) years.
the alienable and disposable zone, certified as such since However, it is jurisprudentially clear that the thirty (30)-year
January 21, 1987. period of prescription for purposes of acquiring ownership
Rizalvo met the second requirement as to ownership and and registration of public land under Section 14 (2) of P.D.
possession. Rizalvo has presented sufficient testimonial and No. 1529 only begins from the moment the State expressly
documentary evidence to show that he and his declares that the public dominion property is no longer
predecessors-in-interest were in open, continuous, exclusive intended for public service or the development of the national
and notorious possession and occupation of the land in wealth or that the property has been converted into
question. patrimonial.
The third requirement, that Rizalvoand his predecessors-in- In the case at bar, Rizalvo merely presented a certification
interest be in open, continuous, exclusive and notorious and report from the DENR-CENRO certifying that the land in
possession and occupation of the subject property since question entirely falls within the alienable and disposable
June 12, 1945 or earlier, has not been satisfied. zone since January 21, 1987; that it has not been earmarked
Rizalvo only managed to present oral and documentary for public use; and that it does not encroach any area
evidence of his and his mother’s ownership and possession devoted to general public use.
of the land since 1958 through a photocopy of the Deed of Unfortunately, such certification and report is not enough in
Absolute Sale dated July 8, 1958 between Eufrecina Navarro order to commence the thirty (30)-year prescriptive period
and Bibiana P. Rizalvo. under Section 14 (2). There is no evidence in this case
He presented Tax Declaration No. 1107825 for the year indicating any express declaration by the state that the
1948 in the name of Eufrecina Navarro and real property tax subject land is no longer intended for public service or the
receipts beginning in 1952. He lacks proof of occupation and development of the national wealth. Thus, there appears no
possession beginning June 12, 1945 or earlier. What is basis for the application of the thirty (30)-year prescriptive
categorically required by law is open, continuous, exclusive, period in this case.
and notorious possession and occupation under a bona fide
claim of ownership since June 12, 1945 or earlier. WHEREFORE, the petition is GRANTED. The Decision dated March
But given the fact that respondent and his predecessors-in- 14, 2006 of the CA affirming the Decision dated November 29, 2001
interest had been in possession of the subject land since of the MTC of Bauang, La Union, is REVERSED and SET ASIDE.
1948, is respondent nonetheless entitled to registration of Respondent’s application for registration is DENIED .No costs. SO
ORDERED.