G.R. No. 179987
April 29, 2009
Facts
Malaban sought to register the parcel of land they have bought from Eduardo Velazco. He alleged 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.
The Republic of the Philippines opposed the petition. They alleged that for one to acquire the right to seek registration of an alienable and disposable land of the public domain, it is not enough that the applicant and his/her predecessors-in-interest be in possession under a bona fide claim of ownership since 12 June 1945; the alienable and disposable character of the property must have been declared also as of 12 June 1945. In other words, the OSG opined that all lands that are certified as alienable and disposable after June 12, 1945 cannot be registered. Since the subject land was certified as alienable and disposable on March 15, 1982, it cannot be registered.
Issue
- Whether or not the land should be alienable and disposable on June 12, 1945 or earlier before it can be registered under Section 14(1) of PD 1529.
- Whether or not the land can be registered under Section 14(2) of PD No 1529.
Held
First Issue
As ruled in Republic v. Naguit, the land need not be classified as alienable or disposable on June 12, 1945 or earlier. It is enough that the land be alienable and disposable at the time of registration. To rule otherwise would result to absurdity, that is, all lands of the public domain which were not registered before June 12, 1945 cannot be susceptible for original registration.
In this case, the land was classified as alienable and disposable before it was sought to be registered. However, 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. Hence, the subject land cannot be subject to registration under Section 14(1) even if it was already classified as alienable and disposable prior to the application for registration. This is because the requisite of possession before June 12, 1945 is not proven.
Second Issue
No. The land cannot be registered under Section 14 (2) of PD 1529.
Under the Civil Code, prescription is a mode of acquiring ownership of patrimonial property. However, public domain lands can only be converted to patrimonial property when two requisites are present. One, there must be a declaration that the land is alienable or disposable. Second, there must be an express government manifestation in the form of law or Presidential Proclamations that the property is already patrimonial or it is no longer used for public use, public service, and development of national wealth. Without both requisites, the property cannot be subject to acquisitive ownership by prescription.
In addition, the running of the prescriptive period starts after the express declaration that the land of public domain is already patrimonial.
In this case, even if the subject property was declared as alienable or disposable in 1982, there is no competent evidence that the land is no longer intended for public use, service or for the development of national wealth in consonance with Art 422 of the Civil Code.
Therefore, the land in question cannot also be subject to registration under Section 14 (2) of PD 1529.