25 Republic v Heirs of Juan Fabio o Esteibar, the duly appointed representative of the heirs of Juan Fabio, testified that

f the heirs of Juan Fabio, testified that her

GR 159589 Date: Dec 23 2008 grandfather, Juan, died when she was only 13 years old.
Topic: Judicial Mode of Land Registration: Proceedings for OLR and JCIT (Before  She attested that she was born on the Lot and knows that her grandfather owned, possessed
Judgment) and occupied the Lot until his death.
Petitioner: Republic of the Philippines  Esteibar claimed that they and their predecessors-in-interest have possessed and occupied
Respondents: Heirs of Juan Fabio, namely: Dominga C. Fabio, Socorro D. Fabio, Lydia D. the Lot openly, publicly, continuously, peacefully, without interruption in the concept of an
Fabio, Rolando D. Fabio, Norma D. Fabio, Norma L. Fabio, Angelita Fabio, Rosalie Fabio, owner and adverse to the public since time immemorial up to the present or for more than
Danilo Fabio, Renato Fabio, Levita Fabio, Irene Fabio, Teresita Molera, Rosemarie C. 100 years.
Pakay, Ligaya C. Masangkay, Alfredo F. Castillo, Melinda F. Castillo, Mercedita F.  They had paid real estate taxes; planted trees, vegetables, rice, and banana plants; and
Castillo, Estela De Jesus Aquino, Felecito Fabio, And Alexander Fabio, Represented raised animals on the Lot.
Herein By Angelita F. Esteibar As Their Attorney-In-Fact,  Further, she stated that the Lot is neither mortgaged nor encumbered and that no other
Ponente: Carpio, J. person other than her and her co-heirs are in possession of the Lot.
o The next witness, Pangyarihan of the Land Management Sector, DENR-Region IV, testified that
FACTS:
he had been connected with DENR-Region IV since 1956.
 Respondents, who are the heirs of Juan Fabio, filed with the RTC an application for registration of
 Pangyarihan affirmed that the Lot is 1,096,866 square meters or 109.6 hectares and that he
title to the Lot with an approximate area of 1,096,866 square meters or 109.6 hectares
recommended the approval of the survey plan, SWO-042121-003369-D, which includes the
o The respondents sought the registration of title under the provisions of Act No. 496 or the
Lot, on the basis of submission of certain requirements like tax declarations, report of
Land Registration Act, as amended by PD 1529
investigation by the land investigator and survey returns prepared by the geodetic engineer.
 They alleged that they are the owners of the Lot, including all the improvements, having acquired
 he confirmed that there is a notation at the left hand footnote of the approved survey plan
the same through a bona fide claim of ownership.
which reads "this survey falls within the Calumpang Point Naval Reservation and disposition
o They declared that they and their predecessors-in-interest were in open, continuous,
hereof shall be subject to the final delimitation thereof as per Proc. No. 1582-A dated
exclusive and notorious possession of the Lot in the concept of an owner for more than 100
September 6, 1976."
years.
o Dominga Fabio Lozano, the only living and youngest child of Juan Fabio and who was then 63
 Together with the application for registration, respondents submitted the following documents:
years of age, testified that she was born and has lived on the Lot, owned by her father Juan
o 1. Certificate of Death proving the fact of death of Juan Fabio;
Fabio, who in turn inherited the land from his father Ignacio Fabio.
o 2. Special Power of Attorney showing that the heirs authorized Esteibar to file the application;
 She stated further that no one has ever questioned their ownership or disturbed their
o 3. Order of Sydicious F. Panoy, Regional Technical Director, Regional Office No. IV-A, DENR, peaceful possession and occupation of the Lot.
giving authority to survey the Lot, which survey was numbered SWO-042121-003369-D;  As a result, their possession of the Lot covers more than 100 years of continuous,
o 4. Surveyor’s Certificate and Transmittal of Survey Returns signed by Geodetic Engineer uninterrupted, public, open and peaceful possession.
Susipatro Mancha proving that the Lot was surveyed; o Mariano Huerto, a helper of the late Juan Fabio, testified that since 1935, when he was only
o 5. Sepia copies of the survey plan establishing that the land area is more or less 109 hectares 12 years old, he had helped cultivate the Lot until he left the place in 1955.
and that the Lot was already surveyed and the boundaries determined;  He stated that at the time he served as helper, Juan Fabio and his family were the ones who
o 6. Letter of Authority authorizing Pangyarihan to represent the Land Management Sector, possessed and occupied the Lot. He helped plant vegetables, banana plants, papaya trees and
DENR-Region IV, and to testify on plan SWO-042121-003369-D covering the Lot; upland rice and was familiar with the boundaries of the Lot.
o 7. Technical Description signed by Pangyarihan proving the boundaries of the Lot as surveyed; o Raymundo Pakay, 70 years of age at the time and a resident of Ternate, Cavite, testified that
o 8. Letter of Conlu, Land Management Inspector, DENR-Region IV establishing that the Lot is he knew Juan Fabio as the owner of the Lot, which has an area of 200 hectares, more or less.
alienable and disposable;  He stated that Juan built a house there and could not recall of anyone else who claimed
o 9. First Indorsement of Rufo F. Lorenzo, Community Environment and Natural Resources ownership of the Lot.
Officer, forwarding to the Regional Technical Director, Land Management Division, through the  RTC: Ordered the registration of the Lot in the name of Juan Fabio
Chief, Surveys Division, DENR-Region IV the investigation report of Land Management Inspector,  OSG appealed and claimed that the lot falls within the Calumpang Point Naval Reservation
Conlu;  CA: Affirmed the RTC
o 10. Certifications of Conrado C. Lindo, Municipal Mayor, and Flordeliza C. Soberano, Municipal  Hence this petition
Assessor of Ternate, Cavite, respectively, establishing that Juan Fabio was the declared owner of o OSG asserts that both the trial and appellate courts failed to recognize the import of the
the Lot under Tax Declaration No. 1385 having an area of 200 hectares and situated in notation in the survey plan stating that the Lot falls within the Calumpang Point Naval
Calumpang and Caybangat, Zapang, Ternate, Cavite; Reservation. At the time the application for registration of title was filed, the Lot was no longer
o 11. Tax Declarations corresponding to different years showing that the Lot has been declared open to private ownership as it had been classified as a military reservation for public service.
under the name of Juan Fabio for tax purposes Thus, respondents are not entitled to have the Lot registered under the Torrens system.
o 12. Certifications of the Assistant Municipal Treasurer of Ternate, Cavite stating that the real o Respondents maintain that they have acquired a vested right over the Lot. The Presidential
estate taxes for the years 1994 to 1997 were paid. Proclamations, which declared the Lot part of a naval reservation, provided for an exception that
 On 1 July 1997, respondents presented their evidence consisting of documentary exhibits and the private rights shall be respected, taking the portion covered by private rights out of the
testimonies of witnesses Esteibar, Pangyarihan, Dominga Fabio Lozano, Mariano Huerto, and reservation. Thus, respondents claim they are entitled to have the Lot registered under their
Raymundo Pakay. names.
ISSUE: Whether the respondents have acquired a right over the Lot is located for confirmation of their claims and the issuance of a certificate of title therefor, under
the Land Registration Act, to wit:
RATIO/HELD: NO!
 The three proclamations cited reserving the Calumpang Point Naval Reservation for the exclusive  (b) Those who by themselves or through their predecessors in interest have been in open,
use of the military are the following: continuous, exclusive, and notorious possession and occupation of agricultural lands of the
o (1) U.S. War Department Order No. 56 issued on 25 March 1904, public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945, or
o (2) Proclamation No. 307 issued on 20 November 1967, and earlier, immediately preceding the filing of the application for confirmation of title, except
o (3) Proclamation No. 1582-A issued on 6 September 1976 when prevented by war or force majeure. These shall be conclusively presumed to have
performed all the conditions essential to a Government grant and shall be entitled to a
 The proclamations established that as early as 1904 a certain parcel of land was placed under the certificate of title under the provisions of this chapter.
exclusive use of the government for military purposes by the then colonial American government.
 Similarly, Section 14 of PD 1529 or the Property Registration Decree, governing original registration
 In 1904, the U.S. War Department segregated the area, including the Lot, for military purposes through registration proceedings, provides:
through General Order No. 56.
o SECTION 14. Who may apply. - The following persons may file in the proper Court of First
 Subsequently, after the Philippines regained its independence in 1946, the American government Instance an application for registration of title to land, whether personally or through their duly
transferred all control and sovereignty to the Philippine government, including all the lands authorized representatives:
appropriated for a public purpose.
o (1) Those who by themselves or through their predecessors-in-interest have been in open,
 Twenty years later, two other presidential proclamations followed, both issued by President continuous, exclusive and notorious possession and occupation of alienable and disposable lands
Marcos, restating that the same property is a naval reservation for the use of the Republic. of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.

o Thus, the Lot is situated within a military reservation.  To prove that the Lot is alienable and disposable land of the public domain, respondents presented
in evidence a letter   of Conlu, a Land Management Inspector of the DENR-Region IV.

 The only issue to be resolved is whether the respondents are entitled to have the Lot registered
under the Torrens systems based on the limitation clause cited in the proclamations: o The relevant portion of the letter states:

o (1) "subject to private rights, if any there be" in Proclamation No. 307, and  That the land covers a portion of 3 (three) barangays, namely: Calumpang, Cabangat and
Zapang, all within the municipality of Ternate, Cavite;

o (2) "the portion that remains after the segregation which are occupied shall be released to
bona fide occupants pursuant to existing laws/policies regarding the disposition of lands of the  That the land is within alienable and disposable zone under Project No. 22-B, L.C. Map No.
public domain and the unoccupied portions shall be considered as alienable or disposable 3091;
lands" in Proclamation No. 1582-A.
 That the land was declared for taxation purposes since 1945, the latest of which is Tax
 This proviso means that persons claiming rights over the reserved land are not precluded from Declaration No. 1543 with a market value of P1,250,000.00 in favor of Juan Fabio x x x
proving their claims.
 This letter-certification is insufficient.
o In effect, the State gives respect and recognizes the rights of private persons who may have
acquired any vested interest to the Lot before the issuance of the General Order or o Conlu is merely a land investigator of the DENR.
proclamations.
 It is not enough that he alone should certify that the Lot is within the alienable and
 Section 48(b) of CA 141, as amended by Presidential Decree No. 1073 (PD 1073), provides: disposable zone.

o Sec. 48. The following described citizens of the Philippines, occupying lands of the public  Under Section 6 of the Public Land Act, the prerogative of classifying or reclassifying lands of the
domain or claiming to own any such land or an interest therein, but whose titles have not been public domain belongs to the President.
perfected or completed, may apply to the Court of First Instance of the province where the land
 o The President, through a presidential proclamation or executive order, can classify or  Also, no proof was ever submitted by respondents that the Calumpang Point Naval Reservation, or
reclassify a land to be included or excluded from the public domain. the Lot, ceased as a military reservation.

 The DENR Secretary is the only other public official empowered by law to approve a land o Even if its ownership and control had been transferred by the Americans to the Philippine
classification and declare such land as alienable and disposable. government, the Calumpang Point Naval Reservation remained as an official military reservation.

 From the records, this letter was the only evidence presented by respondents to prove that the Lot  Thus, being a military reservation at the time, the Calumpang Point Naval Reservation, to which the
is alienable and disposable. Lot is a part of, can not be subject to occupation, entry or settlement.

o In fact, not even the CENRO certified as correct the investigation report of the Land o This is clear from Sections 83 and 88 of CA 141, which provide:
Management Inspector.
 SECTION 83. Upon the recommendation of the Secretary of Agriculture and Commerce, the
 The most that the CENRO officer did was to indorse the report to the Regional Technical Director of President may designate by proclamation any tract or tracts of land of the public domain as
the DENR.  reservations for the use of the Commonwealth of the Philippines or of any of its branches, or
of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for
quasi-public uses or purposes when the public interest requires it, including reservations for
o It is not enough for the Provincial Environment and Natural Resources Office (PENRO) or
highways, rights of way for railroads, hydraulic power sites, irrigation systems, communal
CENRO to certify that a land is alienable and disposable.
pastures or leguas comunales, public parks, public quarries, public fishponds, working-men’s
village and other improvements for the public benefit.
 The applicant for land registration must prove that the DENR Secretary had approved the land
classification and released the land of the public domain as alienable and disposable, and that the
 SECTION 88. The tract or tracts of land reserved under the provisions of section eighty-three
land subject of the application for registration falls within the approved area per verification through
shall be non-alienable and shall not be subject to occupation, entry, sale, lease, or other
survey by the PENRO or CENRO.
disposition until again declared alienable under the provision of this Act or by proclamation
of the President. 
o In addition, the applicant must present a copy of the original classification of the land into
alienable and disposable, as declared by the DENR Secretary, or as proclaimed by the President.
 Well-entrenched is the rule that unless a land is reclassified and declared alienable and disposable,
occupation in the concept of an owner, no matter how long, cannot ripen into ownership and be
 Such copy of the DENR Secretary’s declaration or the President’s proclamation must be registered as a title.
certified as a true copy by the legal custodian of such official record
o Consequently, respondents could not have occupied the Lot in the concept of an owner in
 These facts must be established to prove that the land is alienable and disposable. 1947 and subsequent years when respondents declared the Lot for taxation purposes, or even
earlier when respondents’ predecessors-in-interest possessed the Lot, because the Lot was
considered inalienable from the time of its declaration as a military reservation in 1904.
o Respondents have failed to present any of these documents.

 Since respondents failed to prove, by clear and convincing evidence, that the Lot is alienable and
 No document was presented to show that the DENR Secretary or the President has classified
disposable, they are not entitled to have the Lot registered in their names
the Lot as alienable and disposable.

WHEREFORE, we GRANT the petition. We SET ASIDE the 29 August 2003 Decision of the Court of
 No CENRO or PENRO certification was presented that the Lot, per verification through
Appeals in CA-G.R. CV No. 66522. We DISMISS respondents’ application for registration and issuance
survey, falls within the alienable and disposable zone.
of title to Lot No. 233, Cad-617-D, Ternate Cadastre in LRC Case No. NC-96-782 filed with the Regional
Trial Court of Naic, Cavite, Branch 15.
 The letter of Land Management Inspector Conlu is not proof that the DENR Secretary or the
President has classified the Lot as alienable and disposable, or that the Lot falls within the alienable
and disposable zone.

o The mere issuance of the letter does not prove the facts stated in such letter.