Respondents sought to register land under the Torrens system, claiming their predecessors had occupied the land for over 100 years. However, the land was within a naval reservation designated in 1904. The Court ruled the respondents did not provide sufficient evidence the land was reclassified as alienable, as this requires a presidential proclamation. As the land remained inalienable, the long occupation did not ripen into ownership that could be registered. The Court dismissed the registration application.
Respondents sought to register land under the Torrens system, claiming their predecessors had occupied the land for over 100 years. However, the land was within a naval reservation designated in 1904. The Court ruled the respondents did not provide sufficient evidence the land was reclassified as alienable, as this requires a presidential proclamation. As the land remained inalienable, the long occupation did not ripen into ownership that could be registered. The Court dismissed the registration application.
Respondents sought to register land under the Torrens system, claiming their predecessors had occupied the land for over 100 years. However, the land was within a naval reservation designated in 1904. The Court ruled the respondents did not provide sufficient evidence the land was reclassified as alienable, as this requires a presidential proclamation. As the land remained inalienable, the long occupation did not ripen into ownership that could be registered. The Court dismissed the registration application.
Republic v Heirs of Juan Fabio o that the property in question is alienable and disposable land
Original Registration | 2008 | Carpio, J. of the public domain;
o that the applicants by themselves or through their SUMMARY: Respondents sought to register a land under the Torrens predecessors-in-interest have been in open, continuous, system. The Republic opposed on appeal, saying the land is within the exclusive and notorious possession and occupation; and Calumpang Point Naval Reservation, a military reservation, and cannot be o that such possession is under a bona fide claim of disposed. The Court ruled that the respondents did not present evidence ownership since 12 June 1945 or earlier. showing that the land has been reclassified as alienable and disposable. Respondents presented in evidence a letter of the Land Therefore, they cannot validly register the land. Management Inspector of the DENR-Region IV stating that the land is within alienable and disposable zone. However, this letter- DOCTRINE: Well-entrenched is the rule that unless land is reclassified and certification is insufficient. declared alienable and disposable, occupation in the concept of an owner, o The letter was written by a mere land investigator of the no matter how long, cannot ripen into ownership and be registered as a DENR. title. o Under Section 6 of the Public Land Act, the prerogative of classifying or reclassifying lands of the public domain belongs to the President. The President, through a 1996. Respondents-heirs of Juan Fabio filed with the Regional Trial presidential proclamation or executive order, can classify or Court of Naic, Cavite an application for registration of title under the reclassify a land to be included or excluded from the public provisions of Act No. 496 or the Land Registration Act, as amended domain. by Presidential Decree No. 1529 (PD 1529). Well-entrenched is the rule that unless a land is reclassified and o Respondents alleged that they are the owners of the Lot, declared alienable and disposable, occupation in the concept of an and that they and their predecessors-in-interest were in owner, no matter how long, cannot ripen into ownership and be open, continuous, exclusive and notorious possession of the registered as a title. Lot in the concept of an owner for more than 100 years. Consequently, respondents could not have occupied the Lot in the o Respondents presented their evidence consisting of concept of an owner in 1947 and subsequent years when documentary exhibits and the testimonies of several respondents declared the Lot for taxation purposes, or even earlier witnesses who testified that Fabio and his family owned and when respondents predecessors-in-interest possessed the Lot, possessed the lot continously. because the Lot was considered inalienable from the time of its The Land Management Sector of DENR-Region IV testified that declaration as a military reservation in 1904. there is a notation at the left hand footnote of the approved survey Republic v. Estonilo: persons claiming the protection of private rights plan that the area is within the Calumpang Point Naval Reservation. in order to exclude their lands from military reservations must show Trial court rendered a Decision ordering the registration of the Lot in by clear and convincing evidence that the properties in question the name of Juan Fabio. have been acquired by a legal method of acquiring public lands. The Republic, through the OSG, filed an appeal with the Court of Here, respondents failed to do so, and are thus not entitled to have Appeals claiming that the trial court erred in ruling that respondents the Lot registered in their names. have acquired a vested right over the Lot which falls within the Calumpang Point Naval Reservation. At the time the application for WHEREFORE, we GRANT the petition. We SET ASIDE the 29 August 2003 registration of title was filed, the Lot was no longer open to private Decision of the Court of Appeals in CA-G.R. CV No. ownership as it had been classified as a military reservation for 66522. We DISMISS respondents application for registration and issuance of public service. Thus, respondents are not entitled to have the Lot title to Lot No. 233, Cad-617-D, Ternate Cadastre in LRC Case No. NC-96- registered under the Torrens system. 782 filed with the Regional Trial Court of Naic, Cavite, Branch 15.
W/N the respondents have acquired a right over the lot? No
Section 14(1) of PD 1529 states that there are three requisites for the filing of an application for registration of title: