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  • Republic vs. Doldol

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    John Soliven
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    1) Respondent Nicanor Doldol occupied a portion of land in 1959 that was later reserved by the provincial government in 1965 and President Aquino in 1987 for a school site. 2) The school demanded Doldol vacate the land several times but he refused. The school then filed a complaint to recover possession which the RTC ruled in their favor but the Court of Appeals reversed. 3) The Supreme Court ruled that Doldol did not acquire an imperfect title or right to a grant of the land despite 32 years of possession, as he had not met the conditions of possessing alienable public land since time immemorial or the period specified in land act, which was prior to June 12, 1945. Therefore

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    REPUBLIC VS. DOLDOL

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    1) Respondent Nicanor Doldol occupied a portion of land in 1959 that was later reserved by the provincial government in 1965 and President Aquino in 1987 for a school site. 2) The school demanded Doldol vacate the land several times but he refused. The school then filed a complaint to recover possession which the RTC ruled in their favor but the Court of Appeals reversed. 3) The Supreme Court ruled that Doldol did not acquire an imperfect title or right to a grant of the land despite 32 years of possession, as he had not met the conditions of possessing alienable public land since time immemorial or the period specified in land act, which was prior to June 12, 1945. Therefore

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    21 views1 page

    Republic vs. Doldol

    Uploaded by

    John Soliven
    1) Respondent Nicanor Doldol occupied a portion of land in 1959 that was later reserved by the provincial government in 1965 and President Aquino in 1987 for a school site. 2) The school demanded Doldol vacate the land several times but he refused. The school then filed a complaint to recover possession which the RTC ruled in their favor but the Court of Appeals reversed. 3) The Supreme Court ruled that Doldol did not acquire an imperfect title or right to a grant of the land despite 32 years of possession, as he had not met the conditions of possessing alienable public land since time immemorial or the period specified in land act, which was prior to June 12, 1945. Therefore

    Copyright:

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    of 1

    REPUBLIC VS. DOLDOL, GR. NO.

    132963 SEPTEMBER 10, 1998

    FACTS:

    Sometime in 1959, respondent Nicanor Doldol occupied a portion of land in Barrio Pontacan, Municipality
    of Opol, Misamis Oriental. Meanwhile, the Provincial Board of Misamis Oriental passed a resolution in
    1965 reserving Lot 4932, Cad-237, Opol Cadastre as a school site included the area occupied by Doldol. On
    November 2, 1987, then President Corazon Aquino issued Proclamation No. 180 reserving the area,
    including the portion in dispute, for the Opol High School. Needing the area, the school made several
    demands for Doldol to vacate said portion, but he refused to move. In view of Doldols refusal to vacate,
    Opol National School filed in 1991 a complaint for accion possessoria with the RTC of Cagayan de Oro. The
    RTC ruled in the school’s favour. On appeal, the Court of Appeals reversed the decision ruling that Doldol
    was entitled to the portion he occupied, he having possessed the same for thirty-two years, from 1959up to
    the time of the filing of the complaint in 1991. Opol National School elevated the case to SC.

    ISSUE:

    Whether the respondent acquired an imperfect title or a right to a grant without a title for possessing the land
    for 32 years?

    RULING:

    NO. To acquire a right to a grant, a government grant, without the necessity of a certificate of title being
    issued, the applicant must prove (a) that the land is alienable public land and (b) that his open, continuous,
    exclusive and notorious possession and occupation of the same must either be since time immemorial or for
    the period prescribed in the Public Land Act. The evidence presented shows that the land in dispute is
    alienable and disposable. However, Doldol could not have acquired an imperfect title to the disputed lot
    since his occupation of the same started only in 1959, much later than June 12, 1945. Not having complied
    with the conditions set by law, Doldol cannot be said to have acquired a right to the land in question as to
    segregate the same from the public domain. Doldol cannot, therefore, assert a right superior to the school,
    given that then President Corazon Aquino had reserved the lot for Opol National School

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