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    The Roman Catholic Bishop of Lucena filed an application to confirm title to 4 parcels of land. The Director of Lands opposed, alleging the applicant had an imperfect title. Records showed Lot 3 had been used as a cemetery by the Catholic Church since 1918. The petitioner argued a juridical entity cannot take advantage of land laws for citizens and the application was invalid under the 1973 Constitution banning private entities from acquiring public land. The court ruled the character of the land at the time of registration must be determined, and if private, the constitutional prohibition does not apply. It found the respondent had possessed the land for over 52 years. As a corporation sole, the Bishop is vested with rights to own property and is not an ordinary private

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    167 Republic vs IAC

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    The Roman Catholic Bishop of Lucena filed an application to confirm title to 4 parcels of land. The Director of Lands opposed, alleging the applicant had an imperfect title. Records showed Lot 3 had been used as a cemetery by the Catholic Church since 1918. The petitioner argued a juridical entity cannot take advantage of land laws for citizens and the application was invalid under the 1973 Constitution banning private entities from acquiring public land. The court ruled the character of the land at the time of registration must be determined, and if private, the constitutional prohibition does not apply. It found the respondent had possessed the land for over 52 years. As a corporation sole, the Bishop is vested with rights to own property and is not an ordinary private

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    © All Rights Reserved
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    19 views1 page

    167 Republic Vs IAC

    Uploaded by

    mimiyuki_
    The Roman Catholic Bishop of Lucena filed an application to confirm title to 4 parcels of land. The Director of Lands opposed, alleging the applicant had an imperfect title. Records showed Lot 3 had been used as a cemetery by the Catholic Church since 1918. The petitioner argued a juridical entity cannot take advantage of land laws for citizens and the application was invalid under the 1973 Constitution banning private entities from acquiring public land. The court ruled the character of the land at the time of registration must be determined, and if private, the constitutional prohibition does not apply. It found the respondent had possessed the land for over 52 years. As a corporation sole, the Bishop is vested with rights to own property and is not an ordinary private

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    REPUBLIC OF THE PHILIPPINES, vs.

    IAC, ROMAN CATHOLIC BISHOP OF LUCENA


    G.R. No. 75042, November 29, 1988

    FACTS
    Roman Catholic Bishop of Lucena filed an application for confirmation of title to 4 parcels of land. Requirements of
    publication and posting were duly complied with.

    The Director of Lands opposed to such application, alleging that, the applicant have an imperfect title or title in fee simple
    to the parcel of land being applied for.

    As for lots 1-3, it was said to have been acquired by the private respondent by purchase. Also, Records of burial of the Roman
    Catholic Church of Candelaria, Quezon showed that even as early as November 1918, Lot 3 has already been utilized by the
    Roman Catholic Church as its cemetery.

    Petitioner argued that being a juridical entity, private respondent cannot avail of the benefits of Sec. 48(b) of the public land law
    which applies to FILIPINO citizens or NATURAL persons. And that, since the application for registration was filed only on February
    2, 1979, long after the 1973 Constitution took effect on January 17, 1973, the application for registration and confirmation of title is
    ineffectual because at the time it was filed, private corporation had been declared ineligible to acquire alienable lands of the public
    domain pursuant to Art. XIV, Sec. 11 of 1973 Constitution.

    ISSUE
    Whether the Roman Catholic Bishop of Lucena, as a corporation sole is qualified to apply for confirmation of its title to the four (4)
    parcels of land subject of this case.

    RULING
    The determination of the character of lands at the time of institution of registration proceedings must be made. If they
    were then still part of the public domain, it must be answered in the negative. However, if they already private lands, the
    constitutional prohibition against their acquisition by private corporation or association obviously does not apply.

    As evidenced by the facts on record, private respondent has been in continuous possession and enjoyment of the subject land for a
    period of more than 52 years.
    A corporation sole, however, is not treated like an ordinary private corporation. It is by nature of its Incorporation is vested with the
    right to purchase and hold real estate and personal property. It need not therefore be treated as an ordinary private corporation
    because whether or not it be so treated as such, the Constitutional provision involved will, nevertheless, be not applicable.

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