Registration Under P.D. No. 1529 - CASE DIGEST
Registration Under P.D. No. 1529 - CASE DIGEST
[NUMBER] [CASE TITLE]
Docket No.| Date | Topic | Ponente | Digest Maker
Petitioner:
Respondents:
Case Doctrine :
FACTS:
ISSUE/S:
Whether or not (YES/NO)
HELD:
1. Heirs of Mario Malabanan v. Republic of the Philippines
G.R. No. 179987 | April 29, 2009 | Registration under PD 1529 | Tinga | Borja
Doctrine:
FACTS:
Mario Malabanan filed an application for land registration covering a parcel of land. Malabanan claimed
that he had purchased the property from Velazco, and that he and his predecessors-in-interest had been
in open, notorious, and continuous adverse and peaceful possession of the land for more than thirty (30)
years.
Velazco testified at the hearing that the property originally belonged to his great-grandfather, Lino
Velazco. Upon Lino's death, his four sons inherited the property and divided it among themselves. But by
1966, Esteban's wife, Magdalena, had become the administrator of all the properties inherited by the
Velazco sons from their father, Lino. After the death of Esteban and Magdalena, their son Virgilio
succeeded them in administering the properties, including Lot 9864-A, which originally belonged to his
uncle, Eduardo Velazco. It was this property that was sold by Eduardo Velazco to Malabanan.
Among the evidence presented by Malabanan during trial was a Certification issued by the Community
Environment & Natural Resources Office, Department of Environment and Natural Resources
(CENRO-DENR), which stated that the subject property was "verified to be within the Alienable or
Disposable land....”
The Republic interposed an appeal to the Court of Appeals, arguing that Malabanan had failed to prove
that the property belonged to the alienable and disposable land of the public domain, and that the RTC
had erred in finding that he had been in possession of the property in the manner and for the length of
time required by law for confirmation of imperfect title.
the Court of Appeals rendered a Decision reversing the RTC and dismissing the application of
Malabanan. The appellate court held that under Section 14 (1) of the Property Registration Decree any
period of possession prior to the classification of the lots as alienable and disposable was inconsequential
and should be excluded from the computation of the period of possession. Thus, the appellate court
noted that since the CENRO-DENR certification had verified that the property was declared alienable and
disposable only on 15 March 1982, the Velazcos' possession prior to that date could not be factored in
the computation of the period of possession.
Malabanan died while the case was pending with the Court of Appeals; hence, it was his heirs who
appealed the decision of the appellate court.
ISSUE/S:
Whether the petitioners are entitled to the registration of the subject land in their names under Section
14(1) or Section 14(2) of the Property Registration Decree or both.
HELD:
The Court synthesized the doctrines laid down in this case, as follows:
In connection with Section 14 (1) of the Property Registration Decree, Section 48 (b) of the Public Land
Act recognizes and confirms that "those who by themselves or through their predecessors in interest have
been in open, continuous, exclusive, and notorious possession and occupation of alienable and
disposable lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12,
1945" have acquired ownership of, and registrable title to, such lands based on the length and quality of
their possession.
a. Since Section 48 (b) merely requires possession since 12 June 1945 and does not require
that the lands should have been alienable and disposable during the entire period of
possession, the possessor is entitled to secure judicial confirmation of his title thereto as
soon as it is declared alienable and disposable, subject to the timeframe imposed by Section
47 of the Public Land Act.
b. The right to register granted under Section 48 (b) of the Public Land Act is further confirmed
by Section 14 (1) of the Property Registration Decree.
In complying with Section 14 (2) of the Property Registration Decree, consider that under the Civil Code,
prescription is recognized as a mode of acquiring ownership of patrimonial property. However, public
domain lands become only patrimonial property not only with a declaration that these are alienable or
disposable. There must also be an express government manifestation that the property is already
patrimonial or no longer retained for public service or the development of national wealth, under Article
422 of the Civil Code. And only when the property has become patrimonial can the prescriptive period for
the acquisition of property of the public dominion begin to run.
a. Patrimonial property is private property of the government. The person acquires ownership of
patrimonial property by prescription under the Civil Code is entitled to secure registration
thereof under Section 14 (2) of the Property Registration Decree.
b. There are two kinds of prescription by which patrimonial property may be acquired, one
ordinary and other extraordinary. Under ordinary acquisitive prescription, a person acquires
ownership of a patrimonial property through possession for at least ten (10) years, in good
faith and with just title. Under extraordinary acquisitive prescription, a person's uninterrupted
adverse possession of patrimonial property for at least thirty (30) years, regardless of good
faith or just title, ripens into ownership.
Applying these doctrines, It is clear that the evidence of petitioners is insufficient to establish that
Malabanan has acquired ownership over the subject property under Section 48 (b) of the Public Land Act.
There is no substantive evidence to establish that Malabanan or petitioners as his
predecessors-in-interest have been in possession of the property since 12 June 1945 or earlier. The
earliest that petitioners can date back their possession, according to their own evidence — the Tax
Declarations they presented in particular — is to the year 1948. Thus, they cannot avail themselves of
registration under Section 14 (1) of the Property Registration Decree.
Neither can petitioners properly invoke Section 14 (2) as basis for registration. While the subject property
was declared as alienable or disposable in 1982, there is no competent evidence that is no longer
intended for public use service or for the development of the national evidence, conformably with Article
422 of the Civil Code. The classification of the subject property as alienable and disposable land of the
public domain does not change its status as property of the public dominion under Article 420 (2) of the
Civil Code. Thus, it is insusceptible to acquisition by prescription.
2. Heirs of Malabanan v. Republic (RESOLUTION)
G.R. No. 179987 | September 3, 2013 | Registration under 1529 | J. Bersamin |
Facts: Same as Previous. The Resolution merely focuses on the subsequent arguments in the MR
● Petitioners: Mere classification of the land as alienable or disposable should be deemed sufficient
to convert it into patrimonial property of the State. They argue that the reclassification of the land
as alienable or disposable opened it to acquisitive prescription under the Civil Code.
● Respondent: applicant is entitled to registration only when the land subject of the application had
been declared alienable and disposable since June 12, 1945 or earlier.
Issue: W/N an applicant is entitled to registration only when the land subject of the application had been
declared alienable and disposable since June 12, 1945 or earlier? NO.
Held: Alienable public land held by a possessor, either personally or through his
predecessors-in-interest, openly, continuously and exclusively during the prescribed statutory period is
converted to private property by the mere lapse or completion of the period. In fact, by virtue of this
doctrine, corporations may now acquire lands of the public domain for as long as the lands were already
converted to private ownership, by operation of law, as a result of satisfying the requisite period of
possession prescribed by the Public Land Act. It is for this reason that the property subject of the
application of Malabanan need not be classified as alienable and disposable agricultural land of the public
domain for the entire duration of the requisite period of possession.
To be clear, then, the requirement that the land should have been classified as alienable and disposable
agricultural land at the time of the application for registration is necessary only to dispute the presumption
that the land is inalienable.
Doctrine:
To sum up, we now observe the following rules relative to the disposition of public land or lands of the
public domain, namely:
(1) As a general rule and pursuant to the Regalian Doctrine, all lands of the public domain belong to the
State and are inalienable. Lands that are not clearly under private ownership are also presumed to belong
to the State and, therefore, may not be alienated or disposed;
(2) The following are excepted from the general rule, to wit:
(a) Agricultural lands of the public domain are rendered alienable and disposable through any of
the exclusive modes enumerated under Section 11 of the Public Land Act. If the mode is judicial
confirmation of imperfect title under Section 48(b) of the Public Land Act, the agricultural land
subject of the application needs only to be classified as alienable and disposable as of the time of
the application, provided the applicant’s possession and occupation of the land dated back to
June 12, 1945, or earlier. Thereby, a conclusive presumption that the applicant has performed all
the conditions essential to a government grant arises, and the applicant becomes the owner of
the land by virtue of an imperfect or incomplete title. By legal fiction, the land has already ceased
to be part of the public domain and has become private property.
(b) Lands of the public domain subsequently classified or declared as no longer intended for
public use or for the development of national wealth are removed from the sphere of public
dominion and are considered converted into patrimonial lands or lands of private ownership that
may be alienated or disposed through any of the modes of acquiring ownership under the Civil
Code. If the mode of acquisition is prescription, whether ordinary or extraordinary, proof that the
land has been already converted to private ownership prior to the requisite acquisitive
prescriptive period is a condition sine qua non in observance of the law (Article 1113, Civil Code)
that property of the State not patrimonial in character shall not be the object of prescription.
[3] [REPUBLIC V. ESTATE OF SANTOS]
G.R. No. 218345| Dec. 7, 2016 | Proof of Alienability and disposability| Mendoza J.| DELA CRUZ, SEAN
MICHAEL
Petitioner: Republic of the Philippines
Respondents: The Estate of Virginia Santos
Case Doctrine : The present rule is that to prove the alienability and disposability of the land sought to be
registered, an application for original registration must be accompanied by (1) a City Environment and
Natural Resources Office (CENRO) or Provincial Environment and Natural Resources Officer (PENRO)
Certification; and (2) a copy of the original classification approved by the DENR Secretary and certified as
a true copy by the legal custodian of the official records
FACTS:
Application for Land Registration of a parcel of land... was filed by respondent Estate of Virginia Santos
(respondent estate), through its administrator, Pacifico Santos (Pacifico)
Together with its application for registration, respondent estate submitted the following documents: (1)
Letters of Administrationshowing that Pacifico was appointed as the administrator of the estate of
Virginia Santos (Virginia); (2) Oath of Office of Pacifico (3) Subdivision Plan (4) Technical Description (5)
Certification in Lieu of Surveyor's/Geodetic Engineer's Certificate issued by the Land Survey Records
Section, Department of Environment and Natural Resources (DENR), National Capital Region; (6) Tax
Declaration (T.D.) (7) Extrajudicial Settlement of Estate by Sole Heir of the Late Alejandro Santos
Respondent estate alleged that the late Virginia was the only child and heir of Alejandro Santos
(Alejandro), who was the owner of the subject land during his lifetime.
after Alejandro's death, Virginia executed an Extrajudicial Settlement of Estate by Sole Heir of the Late
Alejandro Santos (Extrajudicial Settlement) and appropriated the subject land for herself. Respondent
estate further alleged that Virginia, by her and through her predecessor-in-interest, had been in open,
continuous, exclusive, and adverse possession of the property in the concept of owner for more than
thirty (30) years.
petitioner Republic of the Philippines (Republic), through the Office of the Solicitor General (OSG), filed its
Opposition[13] to the Application, raising the following grounds: that neither the applicant nor the
predecessors-in-interest of Virginia had been in open, continuous, exclusive, and notorious possession
and occupation of the subject land for a period of not less than thirty (30) years; that the tax declarations
and/or tax payment receipts attached to the application did not constitute competent and sufficient
evidence of a bona fide acquisition of the land applied for; that the claim of ownership in fee simple on
the basis of a Spanish title or grant could no longer be availed of by the applicant; and that the subject
land was a portion of the public domain belonging to the Republic and not subject to private
appropriation.
the Land Registration Authority (LRA) submitted its Report[14] stating that the subject property, as
plotted, did not appear to overlap with any previously plotted decreed properties and that it was not in a
position to verify whether or not the aforesaid land was already covered by a land patent and previously
approved isolated surveys.
respondent estate presented Romualdo B. Flores (Romualdo) who testified that Virginia owned the
subject land; that he had been tilling the land since 1970... the MeTC denied respondent estate's
application for registration of the subject land. It opined that respondent estate failed to present sufficient
evidence to establish its claim of possession and ownership over the subject land. The MeTC reasoned
that mere casual cultivation of portions of the subject land did not constitute sufficient basis for a claim
of ownership.
respondent estate failed to prove the alienable and disposable character of the subject land. It opined that
the certification at the dorsal portion of the survey plan was not the kind of evidence contemplated in an
application for original registration of title to land... respondent estate filed its Motion for Reconsideration
MeTC issued the Order[22] granting the subject application. In completely reversing itself, the trial court
stated that the tax declarations submitted by respondent estate and the certification appearing at the
dorsal portion of the survey plan of Lot No. 10839, showing that the land was disposable and alienable,
were already sufficient to establish respondent estate's claim over the property as well as the alienable
and disposable character of the subject land.
the Republic, through the OSG, elevated an appeal to the CA.
he CA dismissed the Republic's appeal and affirmed the Amended Order, dated August 5, 2013 of the
MeTC.
It also found that respondent estate was able to prove its open, continuous, exclusive, and notorious
possession in the concept of owner.
ISSUE/S:
Republic asserts that respondent estate failed to establish its open, exclusive, continuous and notorious
possession and occupation under a bona fide claim of ownership over the subject land since June 12,
1945, or earlier
It contends that the tax declarations submitted by respondent estate were considered not proofs of
ownership
HELD:
Examination of respondent estate's application, it would seem that the basis for their application was
Section 14(2) of P.D. No. 1529 considering its allegation of possession and occupation in the concept of
owner for more than thirty (30) years. The MeTC, and later the appellate court, however, granted the
application under Section 14(1) of the same law making reference to June 12, 1945, or prior thereto, as
the earliest date of possession and occupation. Thus, the Court deems it proper to discuss respondent
estate's application for registration of title to the subject property vis-a-vis the provisions of Section 14(1)
and (2) of P.D. No. 1529.
In Republic of the Philippines vs. Cortez, the Court explained that applicants for original registration of
title to land must first establish compliance with the provisions of either Section 14(1) or Section 14(2) of
P.D. No. 1529.
Under Section 14(1), applicants for registration of title must sufficiently establish the following: first, that
the land or property forms part of the disposable and alienable lands of the public domain; second, that
the applicant and his predecessors-in-interest have been in open, continuous, exclusive, and notorious
possession and occupation of the same; and third, that it is under a bona fide claim of ownership since
June 12, 1945, or earlier.
The present rule is that to prove the alienability and disposability of the land sought to be registered, an
application for original registration must be accompanied by (1) a City Environment and Natural
Resources Office (CENRO) or Provincial Environment and Natural Resources Officer (PENRO)
Certification; and (2) a copy of the original classification approved by the DENR Secretary and certified as
a true copy by the legal custodian of the official records
Proof of Possession
Possession is open when it is patent, visible, apparent, notorious, and not clandestine. It is continuous
when uninterrupted, unbroken and not intermittent or occasional. It is exclusive when the adverse
possessor can show exclusive dominion over the land and an appropriation of it to his own use and
benefit. And it is notorious when it is so conspicuous that it is generally known and talked of by the public
or the people in the neighborhood.
n Republic vs. Remman Enterprises, Inc.[40] (Remman), the Court held that for purposes of land
registration under Section 14(1) of P.D. No. 1529, proof of specific acts of ownership must be presented
to substantiate the claim of open, continuous, exclusive, and notorious possession and occupation of the
land subject of the application. "Applicants for land registration cannot just offer general statements
which are mere conclusions of law rather than factual evidence of possession. Actual possession
consists in the manifestation of acts of dominion over it of such nature as a party would actually exercise
over his own property."[... unsubstantiated claims of cultivation of land do not suffice to prove open,
continuous, exclusive, and notorious possession and occupation of the public land applied for in the
concept of an owner.
In Aranda vs. Republic of the Philippines,[43] the Court held that mere statements regarding cultivation of
land would not establish possession in the concept of an owner
Section 14(2) explicitly refers to the principles on prescription, as set forth in the Civil Code. In this regard,
the Civil Code makes it clear that patrimonial property of the State may be acquired by private persons
through prescription.
This does not necessarily mean, however, that when a piece of land is declared alienable and disposable,
it can already be acquired by prescription.
In Malabanan, this Court ruled that declaration of alienability and disposability was not enough — there
must be an express declaration that the public dominion property was no longer intended for public
service or the development of the national wealth or that the property had been converted into
patrimonial
WHEREFORE, the petition is GRANTED. The May 22, 2015 Decision of the Court of Appeals in CA-G.R. CV
No. 100999 is hereby REVERSED and SET ASIDE. The Application for Registration of the Estate of Virginia
Santos in LRC Case No. 326 is DENIED, without prejudice.
4. Peregrina Mistica v. Republic of the Philippines
G.R. No. 165141| September 11, 2009| Registration under PD 1529 | Nachura J. | Gonzales
Case Doctrine :
Possession alone is not sufficient to acquire title to alienable lands of the public domain because the law
requires possession and occupation. Since these words are separated by the conjunction "and," the clear
intention of the law is not to make one synonymous with the other. Possession is broader than occupation
because it includes constructive possession. When, therefore, the law adds the word occupation, it seeks
to delimit the all-encompassing effect of constructive possession. Taken together with the words open,
continuous, exclusive, and notorious, the word occupation serves to highlight the fact that for an applicant
to qualify, his possession must not be a mere fiction. Actual possession of land consists in the
manifestation of acts of dominion over it of such a nature as a party would naturally exercise over his own
property.
FACTS:
On July 23, 1998, petitioner filed with the Municipal Trial Court (MTC) of Meycauayan, Bulacan, an
Application for Registration of Title over a parcel of land known as Lot 7766-D located in the same. The
petitioner alleged that she is the owner in fee simple of the land sought to be registered, that she and her
predecessors-in-interest have been in possession of the subject lot since time immemorial. She further
averred that she did not know of any lien, mortgage or encumbrance affecting said lot or that any person
has any claim or interest therein. Attached are the following documents; (N.B. – Please note
documents, the decision discussed the brevity of each)
1) the technical description of the subject lot;
2) Certification in Lieu of Lost Surveyor’s Certificate;
3) tax declaration of Real Property No. 06075, covering the subject lot effective 1998;
4) official receipts of realty tax payments; and
5) blueprint/machine copies of Subdivision Plan Csd-03-010587-D.
In addition, the petitioner testified that the previous owner and possessor of the land was her father, who
acquired the same by virtue of a contract of sale which was supported by a document dated May 1921,
written in Spanish without any translation. She further opined that the heirs executed an extrajudicial
settlement of his estate. Eventually, she acquired sole ownership over the subject property.
Respondent Republic of the Philippines, represented by the Director of Lands, through the Office of the
Solicitor General, filed an opposition to the application on the following grounds:
a) neither the applicant nor her predecessors-in-interest had been in open, continuous, exclusive,
and notorious possession and occupation of the land in question since June 12, 1945 or prior
thereto;
b) the muniments of title did not appear to be genuine and did not constitute competent and
sufficient evidence of a bona fide acquisition of the land applied for, or of petitioner’s open,
continuous, exclusive, and notorious possession and occupation thereof in the concept of an
owner since June 12, 1945;
c) the claim of ownership in fee simple of the subject lot on the basis of a Spanish title or grant
could no longer be availed of by petitioner who failed to file an appropriate application for
registration within a period of six (6) months from January 16, 1976 as required by Presidential
Decree (P.D.) No. 892; and;
d) the subject lot applied for was a portion of the public domain belonging to the Republic of the
Philippines not subject to private appropriation.
MTC Ruled in favor of the petitioner in finding that the subject property was alienable and disposable,
and that petitioner sufficiently established her right over the lot in question, granted petitioner’s application
for registration.
CA Subsequent to a denied MR filed in the MTC, the respondents filed an appeal. The appellate
court set aside the MTC decision stating that the most important requirement for granting petitioner’s
application for registration – that the applicant has been in open, continuous, exclusive, and notorious
possession and occupation of the subject lot since June 12, 1945 – had not been adequately established.
Aggrieved, petitioner elevated the case to the SC.
ISSUE/S: Whether or not the Petitioner failed to prove the requisites laid down in Sec 14 (1) of PD 1529
(NO)
HELD:
The SC quoted both Section 48(b) of Commonwealth Act 141 and Sec 14 (1) of PD 1529.
In accordance with the aforesaid laws, any person, by himself or through his predecessor-in-interest, who
has been in open, continuous, exclusive, and notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or
earlier, may file in the proper trial court an application for registration of title to land, whether personally or
through his duly authorized representative.
Being the applicant for confirmation of imperfect title, petitioner bears the burden of proving that: 1) the
land forms part of the alienable and disposable land of the public domain; and 2) she has been in open,
continuous, exclusive, and notorious possession and occupation of the subject land under a bona fide
claim of ownership from June 12, 1945 or earlier. These the petitioner must prove by no less than
clear, positive and convincing evidence.
To prove that she has been in possession of the subject lot, petitioner presented documentary evidence
(mentioned in the facts of the case). Moreover, to prove that her predecessors-in-interest had
also been in possession thereof, petitioner presented a document written in Spanish which she
claimed to be a Deed of Absolute Sale dated May 16, 1921. Lastly, she testified that she
acquired the subject lot from her parents who had been the owners and possessors thereof
since she was still very young.
As aptly held by the appellate court, these pieces of evidence, taken together, do not suffice to prove that
petitioner and her predecessors-in-interest have been in open, continuous, exclusive, and notorious
possession and occupation of the subject lot since June 12, 1945 or earlier.
a. The technical description, Certification in Lieu of Lost Surveyor’s Certificate, and
blueprint copies of the subdivision plan only prove the identity of the lot sought to be
registered.
b. The joint affidavits of her co-heirs, as well as the Deed of Partition, merely show that the
petitioner acquired the property through succession.
c. Tax declarations – effective only in 1998, she failed to adduce in evidence any tax
declaration over the property under the name of her parents and that the realty taxes for
the property had been paid prior to 1998.
d. Spanish deed of sale dated May 16, 1921 - the document was written in Spanish and
petitioner did not bother to have the contents thereof translated to English or to any other
language that the court could understand. We cannot, therefore, determine if, indeed, the
document was a Deed of Sale, and if the subject matter thereof was the property sought
to be registered.
e. Possession of the subject land relative to petitioner’s age - her testimony failed to meet
the standard required by law. Petitioner failed to state the facts and circumstances
evidencing the alleged ownership of the land applied for. To be sure, general statements
that are mere conclusions of law and not factual proof of possession are unavailing and
cannot suffice.
More importantly, we would like to stress that possession alone is not sufficient to acquire title to alienable
lands of the public domain because the law requires possession and occupation. Since these words are
separated by the conjunction "and," the clear intention of the law is not to make one synonymous with the
other. Possession is broader than occupation because it includes constructive possession. When,
therefore, the law adds the word occupation, it seeks to delimit the all-encompassing effect of constructive
possession. Taken together with the words open, continuous, exclusive, and notorious, the word
occupation serves to highlight the fact that for an applicant to qualify, his possession must not be a mere
fiction. Actual possession of land consists in the manifestation of acts of dominion over it of such a nature
as a party would naturally exercise over his own property.
In the case at bar, actual possession of the subject lot was not convincingly established.
Petition dismissed.
[5] [REPUBLIC VS. RAYOS DEL SOL]
G.R. No.| May 30, 2016 | Registration under PD 1529 | Mendoza, J. | Maxwell
Petitioner: Republic of the Philippines
Respondents: Cesar P. Rayos Del Sol, Lydia P. Rayos Del Sol, Gloria P. Rayos Del Sol And Elvira P. Rayos
Del Sol
Case Doctrine : A person who seeks the registration of title to a piece of land on the basis of possession
by himself and his predecessors-in-interest must prove his claim by clear and convincing evidence, that is,
he must prove his title and should not rely on the absence or weakness of evidence of the oppositors.
FACTS: An application for land registration involving a Lot 8173-A was filed by the respondent siblings.
They alleged that they inherited the lot from their father (Jose), who, in turn, inherited it from his father
(Felipe). They executed the Extra-judicial Settlement of the Estate of Felipe, wherein the lot was
adjudicated to them pro indiviso; and that, through their predecessor-in-interest, they had been in open,
continuous, exclusive, and notorious possession and occupation of alienable and disposable land of
public domain under a bona fide claim of ownership since the 1930s, when Felipe was still alive.
Thereafter, respondent siblings declared the lot to be subdivided into 4 parcels of land. One of the parcels,
Lot 8173-A-2 was purchased by the Republic through the DPWH which was embodied in an undated deed
of absolute sale.
Respondent siblings presented Lydia and Gloria as witnesses. Lydia testified that she, together with the
other respondents, inherited the lot from their father, Jose; that Felipe cultivated the lot during his lifetime
and planted it with rice; that they possessed the lot for more than 70 years since their grandfather’s time;
they paid the taxes on the lot. Gloria testified that they had farmed for respondents, who were the owners
of the lot; that nobody else claimed the lot; and that she was born in 1942 and she grew up knowing that
her father farmed the lot for Jose.
Both RT and CA found the respondent siblings were able to present sufficient evidence to prove that they
had an open, exclusive, continuous, and notorious possession and occupation under a bona fide claim of
ownership over the subject land.
The OSG argued that respondents failed to prove that their predecessors-in-interest had been occupying
the subject land since June 12, 1945, as required by Section 14(1) of P.D. No. 1529.
ISSUE/S: W/N respondent siblings were able to establish the requirements set in section 14 of PD 1529.
-YES
HELD: YES, the respondent siblings were able to establish the requirements set in section 14 of PD
1529.
Section 14(1) of P.D. No. 1529 refers to the original registration of “imperfect” titles to public land
acquired under Section 11(4) in relation to Section 48(b) of Commonwealth Act No. 141, or the Public
Land Act, as amended. The requisites under the said provision are enumerated as follows: 1. That the
subject land forms part of the alienable and disposable lands of the public domain; 2. That the applicants,
by themselves or through their predecessors-in-interest, have been in open, continuous, exclusive and
notorious possession and occupation of the subject land under a bona fide claim of ownership; and 3.
That such possession and occupation must be since June 12, 1945 or earlier.19
A person who seeks the registration of title to a piece of land on the basis of possession by himself and
his predecessors-in-interest must prove his claim by clear and convincing evidence, that is, he must prove
his title and should not rely on the absence or weakness of evidence of the oppositors.
In the present case, It is undisputed that the subject lot was inside an alienable and disposable land as
per L.C. Map No. 2623, certified by the Bureau of Forest Development on January 3, 1968.
Tax declarations have probative value in land registration proceedings - The records reveal that
respondents and their predecessors-in-interest religiously paid the realty taxes of the subject lot over the
decades. The voluntary declaration of a piece of real property for taxation purposes not only manifests
one’s sincere and honest desire to obtain title to the property, but also announces an adverse claim
against the state and all other interested parties with an intention to contribute needed revenues to the
government.
Testimonial evidence establish respondents’ claim of possession and occupation since June 12, 1945
or earlier - Lydia explained the origin of their property. Noticeably, the possession and occupancy of
respondents and their predecessors-in-interest happened prior to June 12, 1945.
Documentary evidence substantiate respondents’ nature and character of possession - respondents
presented documentary evidence to establish that they had an open and continuous possession of the
subject property. The Extrajudicial Settlement of the Estate of Felipe would show that the subject property
had been part of Felipe’s estate and it had been adjudicated to respondents. This would also confirm that
the ownership and possession of the subject land by respondents from the time of Felipe’s death had
continued up to the present. Also, respondents offered the Deed of Absolute Sale between them and the
Republic.
[6] REPUBLIC v. COURT OF APPEALS
G.R. No. L-40912| September 30, 1976 | Registration Under P.D. 1529 | Martin, J. | Noel
Petitioner: Republic of the Philippines, represented by Mindanao Medical Center
Respondents: Court of Appeals, Alejandro De Jesus
Case Doctrine : Section 122 of the Act, which governs the registration of grants or patents involving
public lands, provides that "Whenever public lands in the Philippine Islands belonging to the Government
of the United States or to the Government of the Philippines are alienated, granted, or conveyed to
persons or to public or private corporations, the same shall be brought forthwith under the operation of
this Act [Land Registration Act, Act 496] and shall become registered lands.
FACTS:
1921- Eugenio de Jesus, respondent’s father, applied with the Bureau of Lands for Sales Patent of a
33-hectare parcel in Davao City. The property applied for was a portion of what was then known as Lot
522 of the Davao Cadastre. A bidding was held and Sales applicant Eugenio de Jesus was the lone bidder.
The Director of Lands issued to Eugenio de Jesus an Order of Award. Because the area conveyed had not
been actually surveyed at the time Eugenio de Jesus filed his Sales Application, the Bureau of Lands
conducted a survey. The land awarded to Eugenio de Jesus was designated as Lot Nos. 1176-A,
1176-B-1-A and 1176-B-1-B with an aggregate area of 20.6400 hectares.
The Director of Lands ordered an amendment of the Sales Application of Eugenio de Jesus stating that "a
portion of the land covered by Sales Application of Eugenio de Jesus is needed by the Philippine Army for
military camp site purposes. The area excluded was identified as Lot 1176-B-2, the very land in
question, consisting of 12.8081 hectares. Director of Lands Jose P. Dans ordered the issuance of a
patent to Eugenio de Jesus, pursuant to his Sales Application for "a tract of land having an area of
20.6400 hectares.
President Magsaysay reserved the same Lot No. 1176-B-2 for medical center site purposes under the
administration of the Director of Hospital (Proclamation No. 350) . Mindanao Medical Center applied for
the Torrens registration of the 12.8081-hectare Lot 1176-B-2 with the Court of First Instance of Davao.
The Medical Center claimed "fee simple" title to the land on the strength of Proclamation No. 350
reserving the area for medical center site purposes.
Alejandro de Jesus, the son and successor-in-interest of sale Eugenio de Jesus, opposed the registration
on the ground that his father had acquired a vested right on the subject lot by virtue of the Order of Award
issued to him by the Director of Lands.
After due hearing, the CFI rendered judgment, directing "the registration of the title to Lot No. 1176-B-2 in
the name of the Mindanao Medical Center. Alejandro de Jesus \appealed the case to the Court of
Appeals. The CA decided in favor of Alejandro de Jesus. Mindanao Medical Center moved for
reconsideration, maintaining ownership over the entire area of 12.8081 hectares, but the Appellate Court
in a Special Division of Five denied the motion.
ISSUE/S:
Whether Mindanao Medical Center has a registrable title over Lot 1176-B-2 - YES
HELD:
Mindanao Medical Center has a registrable title over the whole contested area of 12.8081 hectares,
designated as Lot No. 1176-B-2. Proclamation No. 350, dated October 9, 1956, of President Magsaysay
legally effected a land grant to the Mindanao Medical Center, Bureau of Medical Services, Department of
Health, of the whole lot, validly sufficient for initial registration under the Land Registration Act. Such land
grant is constitutive of a "fee simple" title or absolute title in favor of Mindanao Medical Center. Thus,
Section 122 of the Act, which governs the registration of grants or patents involving public lands,
provides that "Whenever public lands in the Philippine Islands belonging to the Government of the
United States or to the Government of the Philippines are alienated, granted, or conveyed to persons or
to public or private corporations, the same shall be brought forthwith under the operation of this Act
[Land Registration Act, Act 496] and shall become registered lands.
Proclamation No. 350 is free of any legal infirmity. It proceeds from the recognized competence of the
President to reserve by executive proclamation alienable lands of the public domain for a specific public
use or service. Section 64 (e) of the Revised Administrative Code empowers the President "to reserve
from sale or other disposition and for specific public uses or service, any land belonging to the private
domain of the Government of the Philippines, the use of which is not otherwise directed by law". The land
reserved "shall be used for the specific purposes directed by such executive order until otherwise
provided by law."
It is true that Proclamation No. 350 states that the same is subject to "private rights, if any there be," but
Alejandro de Jesus failed to prove any private rights over the property reserved. Well-settled is the rule
that unless the applicant has shown by clear and convincing evidence that a certain portion of the public
domain was acquired by him or his ancestors either by composition title from the Spanish Government
or by possessory information title, or any other means for the acquisition of public lands, such as grants
or patents, the property must be held to be part of the public domain.
[9] [City Mayor v Ebio]
G.R. No. 178411| June 23 2010 | Registration under PD 1529 | Villarama| RUIZ
Petitioner: Office of the City Mayor of Paranaque
Respondents:MARIO D. EBIO AND HIS CHILDREN/HEIRS namely, ARTURO V. EBIO, EDUARDO V. EBIO,
RENATO V. EBIO, LOURDES E. MAGTANGOB, MILA V. EBIO, and ARNEL V. EBIO,
Case Doctrine :
FACTS:
1. Respondents claim to be the absolute owners of a parcel of land (406 square meters) located in
Barangay Vitalez, Parañaque City and covered by Tax Declaration Nos. 01027 and 01472 in the
name of respondent Mario D. Ebio.
2. Respondents’ great grandfather, Jose Vitalez (Jose) was alleged to be the original owner and
possessor of the said parcel of land. Jose then gave the land to his son Pedro. Eventually,
respondent Mario Ebio married Pedro’s daughter, Zenaida, so Pedro executed a notarized
Transfer of Rights ceding his claim over the entire parcel of land in favor of Mario Ebio.
3. Respondents have been religiously paying real property taxes for the said property since 1966.
Respondents also built their house on the said lot.
4. This subject land was formed from the alluvial deposits that have gradually settled along the
banks of Cut-cut creek .
5. The Office of the Sangguniang Barangay of Vitalez wanted to construct an access road along
Cut-cut Creek located in the said barangay. The proposed road will traverse the lot occupied by
the respondents.
6. The Office of the Sangguniang Barangay of Vitalez sought assistance from the City Government
of Parañaque for the construction. The city government then advised all the affected residents to
vacate the said area.
7. Respondents immediately registered their opposition thereto. As a result, the road project was
temporarily suspended.
8. However, the officials from the barangay and the city planning office proceeded to cut 8 coconut
trees planted on the said lot. The city administrator also sent a letter to the respondents ordering
them to vacate the area within thirty (30) days, or be physically evicted from the said property.
CA: Respondents elevated the matter to the Court of Appeals. CA ruled in favor of the respondents and
held that the respondents have amply proven their right over the property.
CA found that the subject land is an accreted property owned by Guaranteed Homes Inc. (who had the
land registered in its name in 1966), and that Guaranteed Homes Inc. donated the said land to the City
Government. Nonetheless, the CA also found it clear that the said accreted property has been in exclusive
possession of the respondents and their predecessor-in-interest (Pedro Vitalez) since 1930 and that
property taxes has been paid by them since 1966. Therefore, respondents have acquired ownership of the
property through acquisitive prescription.
ISSUE/S:
1. Whether or not the State may build on the land in question. NO
2. Whether or not the State is an indispensable party to respondents’ action for prohibitory
injunction. NO
HELD:
1. It is an uncontested fact that the subject land was formed from the alluvial deposits that have gradually
settled along the banks of Cutcut creek. This being the case, the law that governs ownership over the
accreted portion is Article 84 of the Spanish Law of Waters of 1866, which remains in effect, in relation to
Article 457 of the Civil Code. ART. 84. Accretions deposited gradually upon lands contiguous to creeks,
streams, rivers, and lakes, by accessions or sediments from the waters thereof, belong to the owners of
such lands. Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they
gradually receive from the effects of the current of the waters.
It is therefore explicit from the foregoing provisions that alluvial deposits along the banks of a creek do
not form part of the public domain as the alluvial property automatically belongs to the owner of the
estate to which it may have been added. The only restriction provided for by law is that the owner of the
adjoining property must register the same under the Torrens system; otherwise, the alluvial property may
be subject to acquisition through prescription by third persons. In contrast, properties of public dominion
cannot be acquired by prescription. No matter how long the possession of the properties has been, there
can be no prescription against the State regarding property of public domain. Even a city or municipality
cannot acquire them by prescription as against the State. Hence, while it is true that a creek is a property
of public dominion, the land which is formed by the gradual and imperceptible accumulation of sediments
along its banks does not form part of the public domain by clear provision of law.
2. The State is NOT an indispensable party to respondents’ action for prohibitory injunction. Alluvial
deposits along the banks of a creek do not form part of the public domain as the alluvial property
automatically belongs to the owner of the estate to which it may have been added. However, the law
provides that the owner of the adjoining property must register the same under the Torrens system;
otherwise, the alluvial property may be subject to acquisition through prescription by third persons.
G.R. No. 199310.| February 19, 2014 | Reg. under PD 1529 | Reyes J. | Pinto
Case Doctrine: Section 14(1) of P.D. No. 1529 refers to the judicial confirmation of imperfect or
incomplete titles to public land acquired under Section 48(b) of Commonwealth Act (C.A.) No. 141, or the
Public Land Act, as amended by P.D. No. 1073.Under Section 14(1) of P.D. No. 1529, applicants for
registration of title must sufficiently establish: first, that the subject land forms part of the disposable
and alienable lands of the public domain; second, that the applicant and his predecessors-in-interest
have been in open, continuous, exclusive, and notorious possession and occupation of the same; and
third, that it is under a bona fide claim of ownership since June 12, 1945, or earlier.
FACTS: On December 3, 2001, Remman Enterprises, Inc. (respondent), filed an application with the RTC
for judicial confirmation of title over two parcels of land, Lot Nos. 3068 and 3077 situated in Barangay
Napindan, Taguig, Metro Manila.
On December 13, 2001, the RTC granted the respondent's application for registration. Thereafter,
following the required publication and posting, a scheduled hearing was set. However, on May 30, 2002,
only the Laguna Lake Development Authority (LLDA) appeared as oppositor. Hence, the RTC issued an
order of general default except LLDA, which was given 15 days to submit its comment/opposition to the
respondent's application. The LLDA filed its Opposition to the respondent's application for registration,
asserting that the lots are not part of the alienable and disposable lands of the public domain. On the
other hand, the Republic of the Philippines (petitioner), likewise filed its Opposition, alleging that the
respondent failed to prove that it and its predecessors-in-interest have been in open, continuous,
exclusive, and notorious possession of the subject parcels of land since June 12, 1945 or earlier.
Respondent's witnesses showed that the respondent and its predecessors-in-interest have been in open,
continuous, exclusive, and notorious possession of the said parcels of land long before June 12, 1945.
The respondent purchased Lot Nos. 3068 and 3077 from Conrado Salvador (Salvador) and Bella Mijares
(Mijares), respectively, in 1989. The subject properties were originally owned and possessed by Veronica
Jaime (Jaime), who cultivated and planted different kinds of crops in the said lots, through her caretaker
and hired farmers, since 1943. Sometime in 1975, Jaime sold the said parcels of land to Salvador and
Mijares, who continued to cultivate the lots until the same were purchased by the respondent in 1989.
The respondent likewise alleged that the subject properties are within the alienable and disposable lands
of the public domain, as evidenced by the certifications issued by the Department of Environment and
Natural Resources (DENR). On the other hand, the LLDA alleged that the respondent's application for
registration should be denied since the subject parcels of land are not part of the alienable and
disposable lands of the public domain; it pointed out that pursuant to Section 41(11) of Republic Act No.
4850(R.A. No. 4850), lands surrounding the Laguna de Bay, located at and below the reglementary
elevation of 12.50 meters are public lands which form part of the bed of the said lake.The RTC granted
the respondent's application for registration of title to the subject properties. The RTC found that the
respondent was able to prove that the subject properties form part of the alienable and disposable lands
of the public domain.
The RTC likewise found that the respondent was able to prove that it and its predecessors-in-interest
have been in open, continuous, exclusive, and notorious possession of the subject properties as early as
1943. The petitioner appealed to the CA. The CA affirmed the decision of the RTC. The CA likewise
pointed out that the respondent was able to present certifications issued by the DENR, attesting that the
subject properties form part of the alienable and disposable lands of the public domain, which was not
disputed by the petitioner. Hence, this petition.
ISSUE/S: Whether or not CA err in affirming the RTC Decision which granted the application for
registration filed by the respondent?
HELD: Section 14(1) of P.D. No. 1529 refers to the judicial confirmation of imperfect or incomplete titles to
public land acquired under Section 48(b) of Commonwealth Act (C.A.) No. 141, or the Public Land Act, as
amended by P.D. No. 1073.Under Section 14(1) of P.D. No. 1529, applicants for registration of title must
sufficiently establish: first, that the subject land forms part of the disposable and alienable lands of the
public domain; second, that the applicant and his predecessors-in-interest have been in open, continuous,
exclusive, and notorious possession and occupation of the same; and third, that it is under a bona fide
claim of ownership since June 12, 1945, or earlier.
The first requirement was not satisfied in this case. To prove that the subject property forms part of the
alienable and disposable lands of the public domain, the respondent presented two certifications issued
by Calamno, attesting that Lot Nos. 3068 and 3077 form part of the alienable and disposable lands of the
public domain. However, the said certifications presented by the respondent are insufficient to prove that
the subject properties are alienable and disposable.
Republic of the Philippines v. T.A.N. Properties, Inc., 578 Phil. 441 (2008).The Court clarified that, in
addition to the certification issued by the proper government agency that a parcel of land is alienable and
disposable, applicants for land registration must prove that the DENR Secretary had approved the land
classification and released the land of public domain as alienable and disposable. They must present a
copy of the original classification approved by the DENR Secretary and certified as true copy by the legal
custodian of the records.
The Court finds that the respondent failed to present sufficient evidence to prove that it and its
predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and
occupation of the subject properties since June 12, 1945, or earlier.
For purposes of land registration under Section 14(1) of P.D. No. 1529, proof of specific acts of ownership
must be presented to substantiate the claim of open, continuous, exclusive, and notorious possession
and occupation of the land subject of the application. Applicants for land registration cannot just offer
general statements which are mere conclusions of law rather than factual evidence of possession. Actual
possession consists in the manifestation of acts of dominion over it of such a nature as a party would
actually exercise over his own property. Valiao v. Republic, G.R. No. 170757, November 28, 2011
"A mere casual cultivation of portions of the land by the claimant does not constitute possession under
claim of ownership. For him, possession is not exclusive and notorious so as to give rise to a presumptive
grant from the state. The possession of public land, however long the period thereof may have extended,
never confers title thereto upon the possessor because the statute of limitations with regard to public land
does not operate against the state, unless the occupant can prove possession and occupation of the
same under claim of ownership for the required number of years." Del Rosario v. Republic of the
Philippines, 432 Phil. 824
Further, the Court notes that the tax declarations over the subject properties presented by the respondent
were only for 2002. The respondent failed to explain why, despite its claim that it acquired the subject
properties as early as 1989, and that its predecessors-in-interest have been in possession of the subject
property since 1943, it was only in 2002 that it started to declare the same for purposes of taxation.
"While tax declarations are not conclusive evidence of ownership, they constitute proof of claim of
ownership." Aide v. Bernal, GRANTED.
14. REPUBLIC v. JOSON
G.R. No. 163767 | March 10, 2014 | Registration under PD No. 1529 | Bersamin, J. | Quijano
Petitioner: REPUBLIC OF THE PHILIPPINES, represented by THE DIRECTOR OF LANDS
Respondents:ROSARIO DE GUZMAN VDA. DE JOSON
Case Doctrine :
Yet, even assuming that the DENR-CENRO certification alone would have sufficed, the respondent's
application would still be denied considering that the reclassification of the land as alienable or
disposable came only after the filing of the application in court in 1976. The certification itself indicated
that the land was reclassified as alienable or disposable only on October 15, 1980.
FACTS:
Joson filed an application for registration of a riceland she allegedly inherited from her mother. Joson
submitted all the requirements for the registration. The Director of Lands and the Director of Forest
Development averred that whatever legal and possessory rights the Joson had acquired by reason of any
Spanish government grants had been lost, abandoned or forfeited for failure to occupy and possess the
land for at least 30 years immediately preceding the filing of the application; and that the land applied for,
being actually a portion of the Labangan Channel operated by the Pampanga River Control System, could
not be subject of appropriation or land registration.
CFI - granted registration
CA - affirmed CFI decision
ISSUE/S:
Whether or not the land is susceptible of private acquisition (NO)
HELD:
Nonetheless, what is left wanting is the fact that Joson did not discharge her burden to prove the
classification of the land as demanded by the first requisite. She did not present evidence of the land,
albeit public, having been declared alienable and disposable by the State. During trial, she testified that
the land was not within any military or naval reservation, and Frisco Domingo, her other witness,
corroborated her. Although the Republic countered that the verification made by the Bureau of Forest
Development showed that the land was within the unclassified region of Paombong, Bulacan
16. Republic v. CA, Tancinco
G.R. No. L61647 | Oct. 12, 1984 | Registration under PD1529 | J. Gutierrez | Sabban
Petitioner: REPUBLIC OF THE PHILIPPINES (Director of Lands)
Respondents: THE HON. COURT OF APPEALS, BENJAMIN TANCINCO, AZUCENA TANCINCO REYES,
MARINA TANCINCO IMPERIAL and MARIO C. TANCINCO
Doctrine: Under Art. 457, the riparian owner has the right to any land or alluvion deposited by a river is to
compensate him for the danger of loss that he suffers because of the location of his land. Requisites of
Accretion: (1) deposit be gradual and imperceptible; (2) that it be made through the effects of the current
of the water; and (3) that the land where accretion takes place is adjacent to the banks of rivers. The
requirement that the deposit should be due to the effect of the current of the river is indispensable.
Hence, the riparian owner does NOT acquire the additions to his land caused by special works expressly
intended or designed to bring about accretion, and may not register the same under the Land
Registration Act.
Facts:
1. Benjamin Tancinco, Azucena Tancinco Reyes, Marina Tancinco Imperial and Mario C. Tancinco
are registered owners of a parcel of land in Meycauayan, Bulacan bordering on the Meycauayan
and Bocaue rivers. They filed an application for the registration of three lots (Lots 1,2,3) adjacent
to their fishpond property.
2. Assistant Provincial Fiscal Vicente, in representation of the Bureau of Lands filed a written
opposition to the application for registration.
3. CFI: Granted the application on the finding that the lands in question are accretions to the
Tancincos’ fishponds.
4. CA: Affirmed in toto.
5. The Republic now claims that there is no accretion to speak of under Article 457 of the New Civil
Code because what actually happened is that the Tancincos simply transferred their dikes further
down the river bed of the Meycauayan River, and thus, if there is any accretion to speak of, it is
man-made and artificial and not the result of the gradual and imperceptible sedimentation by the
waters of the river.
6. Tancincos’ witness however, claims that they saw the land already dry at almost the level of their
property, insisting that there was no human intervention.
Issue: Whether the accretion can be a valid subject of registration? (NO)
Ruling:
1. Under Art. 457, the riparian owner has the right to any land or alluvion deposited by a river is to
compensate him for the danger of loss that he suffers because of the location of his land.
2. The article presupposes 3 requisites -- (1) that the deposit be gradual and imperceptible; (2) that
it be made through the effects of the current of the water; and (3) that the land where accretion
takes place is adjacent to the banks of rivers. The requirement that the deposit should be due to
the effect of the current of the river is indispensable. This excludes from Art. 457 all deposits
caused by human intervention. Hence, the riparian owner does NOT acquire the additions to his
land caused by special works expressly intended or designed to bring about accretion.
3. Alluvion must be the exclusive work of nature. In the instant case, there is no evidence to prove
that the addition to the said property was made gradually through the effects of the current of the
Meycauayan and Bocaue rivers.
4. The alleged alluvial deposits came into being not because of the sole effect of the current of the
rivers but as a result of the transfer of the dike towards the river and encroaching upon it. The
land sought to be registered is not even dry land cast imperceptibly and gradually by the river's
current on the fishpond adjoining it. It is under two meters of water.
5. The testimony of the Tancincos' lone witness says that as early as 1939 there already existed
such alleged alluvial deposits, deserves no merit.
● The lots in question were not included in the Cadastral Survey of the entire Municipality of
Meycauayan conducted between the years 1958 to 1960.
● The alleged accretion was declared for taxation purposes only in 1972 or 33 years after it
had supposedly permanently formed.
● The only valid conclusion therefore is that the said areas could not have been there in
1939. They existed only after the Tancincos transferred their dikes towards the bed of
the Meycauayan river in 1951. What the Tancincos claim as accretion is really an
encroachment of a portion of the Meycauayan river by reclamation.
6. Therefore, the lower court cannot validly order the registration of Lots in the names of the
Tancincos. These lots were portions of the bed of the Meycauayan river and are therefore
classified as property of the public domain under Art. 420(1) and Art. 502 (1), of the Civil Code.
They are not open to registration under the Land Registration Act. The adjudication of the lands in
question as private property in the names of the private respondents is null and void.
[17] [GRANDE V. CA]
GR. No. L-61647 | June 30, 1962 | Registration under PD 1529 | Barrera, J. | Samaniego
Case Doctrine:
Unregistered land purchased by the registered owner of the adjoining land does not, by extension,
become ipso facto registered land. Ownership of a piece of land is one thing, and registration under the
Torrens system of that ownership is quite another. Ownership over the accretion received by the land
adjoining a river is governed by the Civil Code
FACTS:
Petitioners are the owners of a parcel of land, with an area of 3.5032 hectares, located at barrio Ragan,
municipality of Magsaysay, province of Isabela, by inheritance from their deceased mother Patricia Angui
(who inherited it from her parents Isidro Angui and Ana Lopez, in whose name said land appears
registered, as shown by Original Certificate of Title No. 2982, issued on June 9, 1934). Said property is
identified as Lot No. 1, Plan PSU-83342. When it was surveyed for purposes of registration sometime in
1930, its northeastern boundary was the Cagayan River (the same boundary stated in the title). Since
then, and for many years thereafter, a gradual accretion on the northeastern side took place, by action of
the current of the Cagayan River, so much so, that by 1958, the bank thereof had receded to a distance
of about 105 meters from its original site, and an alluvial deposit of 19,964 square meters (1.9964
hectares), more or less, had been added to the registered area.
On January 25, 1958, petitioners instituted the present action in the Court of First Instance of Isabela
against respondents, to quiet title to said portion formed by accretion, alleging in their complaint that they
and their predecessors-in-interest, were formerly in peaceful and continuous possession thereof, until
September, 1948, when respondents entered upon the land under claim of ownership. Petitioners also
asked for damages corresponding to the value of the fruits of the land as well as attorney's fees and
costs. In their answer (dated February 18, 1958), respondents claim ownership in themselves, asserting
that they have been in continuous, open, and undisturbed possession of said portion, since prior to the
year 1933 to the present.
After trial, the Court of First Instance of Isabela, on May 4, 1959, rendered a decision adjudging the
ownership of the portion in question to petitioners, and ordering respondents to vacate the premises and
deliver possession thereof to petitioners, and to pay to the latter P250.00 as damages and costs.
Unsatisfied, respondents appealed to the Court of Appeals, which rendered, on September 14, 1960, the
decision adverted to at the beginning of this opinion, partly stating:
That the area in controversy has been formed through a gradual process of alluvium, which started in the
early thirties, is a fact conclusively established by the evidence for both parties. By law, therefore, unless
some superior title has supervened, it should properly belong to the riparian owners, specifically in
accordance with the rule of natural accession in Article 366 of the old Civil Code (now Article 457), which
provides that "to the owner of lands adjoining the banks of rivers, belongs the accretion which they
gradually receive from the effects of the current of the waters." The defendants, however, contend that
they have acquired ownership through prescription. This contention poses the real issue in this case. The
Court a quo, has resolved it in favor of the plaintiffs, on two grounds: First, since by accession, the land in
question pertains to the original estate, and since in this instance the original estate is registered, the
accretion, consequently, falls within the purview of Section 46 of Act No. 496, which states that "no title to
registered land in derogation to that of the registered owner shall be acquired by prescription or adverse
possession"; and, second, the adverse possession of the defendant began only in the month of
September, 1948, or less than the 10-year period required for prescription before the present action was
instituted.
As a legal proposition, the first ground relied upon by the trial court, is not quite correct. An accretion to
registered land, while declared by specific provision of the Civil Code to belong to the owner of the land
as a natural accession thereof, does not ipso jure become entitled to the protection of the rule of
imprescriptibility of title established by the Land Registration Act. Such protection does not extend beyond
the area given and described in the certificate. To hold otherwise, would be productive of confusion. It
would virtually deprive the title, and the technical description of the land given therein, of their character of
conclusiveness as to the identity and area of the land that is registered. Just as the Supreme Court, albeit
in a negative manner, has stated that registration does not protect the riparian owner against the erosion
of the area of his land through gradual changes in the course of the adjoining, so registration does not
entitle him to all the rights conferred by Land Registration Act, in so far as the area added by accretion is
concerned. What rights he has, are declared not by said Act, but by the provisions of the Civil Code on
accession: and these provisions do not preclude acquisition of the addition area by another person
through prescription.
ISSUE/S:
Whether the accretion becomes automatically registered land just because the lot which receives it is
covered by a Torrens title thereby making the alluvial property imprescriptible? NO.
HELD:
We agree with the Court of Appeals that it does not, just as an unregistered land purchased by the
registered owner of the adjoining land does not, by extension, become ipso facto registered land.
Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is
quite another. Ownership over the accretion received by the land adjoining a river is governed by the Civil
Code. Imprescriptibility of registered land is provided in the registration law. Registration under the Land
Registration and Cadastral Acts does not vest or give title to the land, but merely confirms and thereafter
protects the title already possessed by the owner, making it imprescriptible by occupation of third parties.
But to obtain this protection, the land must be placed under the operation of the registration laws wherein
certain judicial procedures have been provided. The fact remain, however, that petitioners never sought
registration of said alluvial property (which was formed sometime after petitioners' property covered by
Original Certificate of Title No. 2982 was registered on June 9, 1934) up to the time they instituted the
present action in the Court of First Instance of Isabela in 1958. The increment, therefore, never became
registered property, and hence is not entitled or subject to the protection of imprescriptibility enjoyed by
registered property under the Torrens system. Consequently, it was subject to acquisition through
prescription by third persons.
[18] International Hardwood and Veneer Co. of the Phils. v. University of the Philippines
G.R. No. 52518 | August 13, 1991 | Registration under PD1529 | Reyes J. | Saquido
Petitioner: International Hardwood and Veneer Co. of the Phils.
Respondents: University of the Philippines
Case Doctrine: When it ceded and transferred the property to UP, the Republic of the Philippines
completely removed it from the public domain and, more specifically, in respect to the areas covered by
the timber license of petitioner, removed and segregated it from a public forest; it divested itself of its
rights and title thereto and relinquished and conveyed the same to the UP; and made the latter the
absolute owner thereof, subject only to the existing concession.
FACTS:
International Hardwood was the grantee of aLicense Agreement effective until 1985. In 1961, proc 791
segregates from the public domain parcels of land and reserved them for use by UP. The land subject of
Hardwood’s timber concession was covered by said proclamation. In 1964, RA3990 was enacted full,
ceding ownership over the land described in Proc 791 to UP. UP sought to collect forestry charges from
Hardwood and demanded that the latter subject itself to the control and supervision of UP. Hardwood
resisted and held a petition for declaratory relief.
Respondents assert that under RA 3990 Republic of Philippines may effect collection of forest charges
through university of the Philippines, and that having been vested with administrative jurisdiction and
ownership of the land, UP has acquired full control and benefit of the timber and other resources within
the area.
Petitioner refutes the foregoing arguments of respondents by asserting that: (a) The UP has not been
granted by R.A. No. 3990 the authority to collect forest charges or the authority to supervise the operation
by the petitioner of the timber concession affected by said Act.
ISSUE/S:
1. Whether or not UP has been granted authority to collect forest charges (NO)
2. Whether or not UP has been granted authority to supervise the operation of the timber
concessions of the petitioner. (YES)
HELD:
1. Under Section 262 of the Tax Code, as amended, the duties incident to the measuring of forest
products and the collection of the charges thereon shall be discharged by the Bureau of Internal
Revenue under the regulations of the Department of Finance. The reforestation fee shall be 9
collected by the Bureau of Forestry. The supervision and regulation of the use of forest products
and of the cutting and 10 removal of forest products are vested upon the Bureau of Forestry.
R.A. No. 3990 does not expressly, or even impliedly, grant the UP any authority to collect from
the holders of timber concessions on the area ceded to it forest charges due and payable to the
Government under the Tax Code, or to enforce its provisions relating to charges on forest
products or to supervise the operations of the concessions by the holders thereof.
2. The court held that Under Proclamation No. 791, dated 25 September 1961, a parcel of land of
the public domain described therein, with an area of 3,500 hectares, which is the very parcel of
land subject of R.A. No. 3990, was withdrawn from sale or settlement and was reserved for the
College of Agriculture of the UP as experiment station for the proposed Dairy Research and
Training Institute and for research and production studies of said college, subject however to
private rights, if any, and to the condition that the disposition of timber and other forest products
found thereon shall be subject to forestry laws and regulations. Pursuant, to R.A. No. 3990 which
establishes a central experiment station for the use of the UP in connection with its research
and extension functions, particularly by the College of Agriculture, College of Veterinary
Medicine and College of Arts and Sciences, the above “reserved” area was “ceded and
transferred in full ownership to the University of the Philippines subject to any existing
concessions, if any.” When it ceded and transferred the property to UP, the Republic of the
Philippines completely removed it from the public domain and, more specifically, in respect to
the areas covered by the timber license of petitioner, removed and segregated it from a public
forest; it divested itself of its rights and title thereto and relinquished and conveyed the same to
the UP; and made the latter the absolute owner thereof, subject only to the existing concession.
That the law intended a transfer of the absolute ownership is unequivocally evidenced by its use
of the word “full” to describe it. Full means entire, complete, or possessing all particulars, or not
wanting in any essential quality. The proviso regarding existing concessions refers to the timber
license of petitioner. All that it means, however, is that the right of petitioner as a timber licensee
must not be affected, impaired or diminished; it must be respected. But, insofar as the Republic of
the Philippines is concerned, all its rights as grantor of the license were effectively assigned,
ceded and conveyed to UP as a consequence of the above transfer of full ownership. This is
further borne out by Section 3 of R.A. No. 3990 which provides, inter alia, that “any incidental
receipts or income therefrom shall pertain to the general fund of the University of the Philippines.”
Having been effectively segregated and removed from the public domain or from a public forest
and, in effect, converted into a registered private woodland, the authority and jurisdiction of the
Bureau of Forestry over it were likewise terminated. This is obvious from the fact that the
condition in Proclamation No. 971 to the effect that the disposition of timber shall be subject to
forestry laws and regulations is not reproduced in R.A. No. 3990. The latter does not likewise
provide that it is subject to the conditions set forth in the proclamation. An owner has the right to
enjoy and dispose of a thing without other limitations than those established by law. The right to
enjoy includes the jus utendi or the right to receive from the thing what it produces, and the jus
abutendi, or the right to consume the thing by its use. As provided for in Article 441 of the Civil
Code, to the owner belongs the natural fruits, the industrial fruits and the civil fruits. There are,
however, exceptions to this rules, as where the property is subject to a usufruct, in which case the
usufructuary gets the fruits. In the instant case, that exception is made for the petitioner as
licensee or grantee of the concession, which has been given the license to cut, collect, and
remove timber from the area ceded and transferred to UP until 1 February 1985. However, it has
the correlative duty and obligation to pay the forest charges, or royalties, to the new owner, the UP,
at the same rate as provided for in the Agreement. The charges should not be paid anymore to
the Republic of the Philippines through the Bureau of Internal Revenue because of the very nature
of the transfer as aforestated. Consequently, even the Bureau of Internal Revenue automatically
lost its authority and jurisdiction to measure the timber cut from the subject area and to collect
forestry charges and other fees due thereon.
21. REPUBLIC v. CA
G.R. No. L-40912 | September 30, 1976 | Registration under P.D. No. 1529 | Martin, J. | Sato
Petitioner: Republic of the Philippines, represented by the Mindanao Medical Center
Respondents: Court of Appeals and Alejandro Y. De Jesus
Case Doctrine :
Section 122 of the Act, which governs the registration of grants or patents involving public lands, provides
that "Whenever public lands in the Philippine Islands belonging to the Government of the United States or
to the Government of the Philippines are alienated, granted, or conveyed to persons or to public or private
corporations, the same shall be brought forthwith under the operation of this Act [Land Registration Act,
Act 496] and shall become registered lands.
FACTS:
Eugenio de Jesus, the father of Alejandro de Jesus, applied with the Bureau of Lands for Sales Patent of a
33-hectare land situated in Barrio Libaron, Municipality of Davao. A bidding was held and Sales applicant
Eugenio de Jesus was the lone bidder. The Director of Lands issued to Eugenio de Jesus an Order of
Award. Because the area conveyed had not been actually surveyed at the time Eugenio de Jesus filed his
Sales Application, the Bureau of Lands conducted a survey. The land awarded to Eugenio de Jesus was
designated as Lot Nos. 1176-A, 1176-B-1-A and 1176-B-1-B with an aggregate area of 20.6400 hectares.
The Director of Lands ordered an amendment of the Sales Application of Eugenio de Jesus stating that "a
portion of the land covered by Sales Application of Eugenio de Jesus is needed by the Philippine Army for
military camp site purposes. The area excluded was identified as Lot 1176-B-2, the very land in
question, consisting of 12.8081 hectares. Director of Lands Jose P. Dans ordered the issuance of a
patent to Eugenio de Jesus, pursuant to his Sales Application for "a tract of land having an area of
20.6400 hectares.
President Magsaysay reserved the same Lot No. 1176-B-2 for medical center site purposes under the
administration of the Director of Hospital (Proclamation No. 350) . Mindanao Medical Center applied for
the Torrens registration of the 12.8081-hectare Lot 1176-B-2 with the Court of First Instance of Davao.
The Medical Center claimed "fee simple" title to the land on the strength of Proclamation No. 350
reserving the area for medical center site purposes.
Case Doctrine :
The applicant must present a certificate of land classification status issued by the Community
Environment and Natural Resources Office (CENRO) or the Provincial Environment and Natural
Resources Office (PENRO) of the DENR. He must also prove that the DENR Secretary had approved the
land classification and released the land as alienable and disposable, and that it is within the approved
area per verification through survey by the CENRO or PENRO. The applicant must also present a copy of
the original classification approved by the DENR Secretary and certified as a true copy by the legal
custodian of the official records. These facts must be established by the applicant to prove that the land is
alienable and disposable.
Although lands of the public domain that are considered patrimonial may be acquired by prescription
under Section 14 (2) of P.D. No. 1529, before acquisitive prescription could commence, the property
sought to be registered must not only be classified as alienable and disposable; it must also be declared
by the State that it is no longer intended for public use, public service or the development of the national
wealth. Thus, absent an express declaration by the State, the land remains to be property of public
dominion. 2
FACTS:
Emmanuel Cotez filed with the RTC an application for judicial confirmation of title over a parcel of land
located in Pateros, Manila. In support of his application, Cortez submitted documents such as tax
declarations (1966-2005), survey plan of the property with an annotation that the property is classified as
alienable and disposable, technical description of the property, with a certificate issued by a geodetic
engineer; tax clearance certificate; extrajudicial settlement of estate, and Excritura de particion
extrajudicial dated July 19, 1946 allocating the property to Felicisima Cotas - Cortez’ mother.
Cotez claimed that the parcel of land was declared for taxation purposes in the name of his mother. He
alleged that Lot 2697 was inherited by his mother from her parents in 1946 and after his parents died, the
subject property was allocated to him. He alleged that the property had been in possession of the family
since time immemorial and that the parcel of land is not part of the reservation of the DENR and is
classified as alienable and disposable by the Bureau of Forest Development. Cortez presented Ernesto
Santos who testified that he had known the family of Cortez for over 60 years and that Cortez and his
predecessors-in-interest have been in possession of the property since he came to know them.
Republic of the Philippines appealed to the CA alleging that RTC erred in granting the application for
registration despite Cortez’ failure to comply with the requirements for original registration of title.
RP alleged that no document was presented that would establish that Cortez and his
predecessors-in-interest had been in open, continuous, and adverse possession of the property for more
than thirty (30) years. Moreover, there was no certification from any government agency that the subject
property had already been declared alienable and disposable.
CA - Dismissed Republic of the Philippines’ appeal and affirmed the RTC decision.
Ruled that Cortez was able to prove that the property was alienable and disposable, as evidenced by the
declaration/notation from the BFD and that Cortez and his predecessors-in-interest had been in open,
continuous and exclusive possession of the subject property for more than 30 years, which under Sec. 14
(2) of P.D. 1529, sufficed to convert it to private property.
ISSUE/S:
Whether or not Cortez’ failed to comply with the legal requirements for registration of property
under Sec. 14(1) and (2) of P.D. 1529 - YES
HELD:
Cortez failed to comply with the legal requirements for registration of the property under Sec. 14(1) and
(2) of P.D. 1529.
Section 14 (1) of P.D. No. 1529 refers to the judicial confirmation of imperfect or incomplete titles to public
land acquired under Section 48 (b) of C.A. No. 141, as amended by P.D. No. 1073. "Under Section 14 (1)
[of P.D. No. 1529], applicants for registration of title must sufficiently establish:
1) that the subject land forms part of the disposable and alienable lands of the public
domain;
2) that the applicant and his predecessors-in interest have been in open, continuous,
exclusive, and notorious possession and occupation of the same; and
3) third, that it is under a bona fide claim of ownership since June 12, 1945, or earlier
The first requirement was not satisfied in this case. To prove that the property forms part of the alienable
and disposable lands of public domain, Cortez presented a survey plan prepared by Geodetic Engineer
Fernandez and certified by the Land Management Bureau of the DENR. However, his reliance on the
annotation in the survey plan does not constitute incontrovertible evidence to overcome the presumption
that the property remains part of the inalienable public domain.
The applicant must at the very least submit a certification from the proper government agency
stating that the parcel of land subject of the application for registration is indeed alienable and
disposable. To prove that the land subject of an application for registration is alienable, an
applicant must establish the existence of a positive act of the government such as a presidential
proclamation or an executive order, an administrative action, investigation reports of Bureau of
Lands investigators, and a legislative act or statute. The applicant may also secure a certification
from the Government that the lands applied for are alienable and disposable.
In Republic v. Roche, the Court held that the applicant must present a certificate of land
classification status issued by the Community Environment and Natural Resources Office
(CENRO) or the Provincial Environment and Natural Resources Office (PENRO) of the DENR. He
must also prove that the DENR Secretary had approved the land classification and released the
land as alienable and disposable, and that it is within the approved area per verification through
survey by the CENRO or PENRO. The applicant must also present a copy of the original
classification approved by the DENR Secretary and certified as a true copy by the legal custodian
of the official records. These facts must be established by the applicant to prove that the land is
alienable and disposable.
The annotation in the survey plan presented by Cortez is not the kind of evidence required by law as
proof that the subject property forms part of the alienable and disposable land of public domain. Having
failed to present any incontrovertible evidence, his claim that the property forms part of the alienable and
disposable lands of public domain must fail.
For the second and third requirements, Cortez failed to establish the same. Cortez failed to present any
evidence to prove that he and his predecessors-in-interest have been in open, continuous, exclusive and
notorious possession and occupation of the property since June 12, 1945, or earlier. Cortez merely
presented oral and documentary of his and his mother’s ownership and possession of the property since
1946.
Section 14(2) of P.D. No. 1529 sanctions the original registration of lands required by prescription under
the provisions of existing laws.
In Heirs of Malabanan v. Republic, the court clarified that lands of public domain that are patrimonial in
character are susceptible to acquisitive prescription and eligible for registration under Sec. 14(2) of P.D.
1529.
However, there must be an official declaration by the State that the public dominion property is no
longer intended for public use, public service or for the development of national wealth before it
can be acquired by prescription. Mere declaration by government officials that a land of the public
domain is already alienable and disposable would not suffice for the purpose of registration under
Sec. 14 (2) of P.D. 1529. The period of acquisitive prescription would only begin to run from the
time the State officially declares that the public dominion property is no longer intended for public
use, public service or for the development of national wealth.
In this case, the Court found no evidence of any official declaration from the state attesting to the
patrimonial character of the property. Cortez failed to prove that acquisitive prescription has begun to run
against the State, much less that he has acquired title to the property by virtue thereof.