G.R. No. 144057
January 17, 2005
Facts
Naguit filed an application for registration of title over a parcel of land in Aklan. The application seeks judicial confirmation of Naguit’s imperfect title over the aforesaid land.
Glancing back, the parcel of land was originally declared for taxation purposes by Ramon Urbano who executed a Deed of Quitclaim in favor of Maming. Subsequently, Maming sold the land to Naguit. Naguit and her predecessors-in-interest have occupied the land openly and in the concept of owner without any objection from any private person or even the government until she filed her application for registration.
The application was opposed by the State as well as the heirs of Rustico Angeles. However, the MCTC decided that the land be registered under PD No. 1529. Such decision was affirmed by the RTC and CA. Hence, this petition.
The OSG argued that the alienable and disposable character of the land should have already been established since June 12, 1945 or earlier. It contended that the land was only classified as alienable on October 15, 1980.
Issue
Whether it is necessary under Section 14(1) of the Property Registration Decree that the subject land be first classified as alienable and disposable on June 12, 1945 or earlier before it can be registered.
Held
No. The proper interpretation of Section 14(1) of PD 1529 is that it merely requires that the property sought to be registered is already alienable and disposable at the time the application for registration of title was filed.
This is because of the principle that qualifying words restrict or modify only the words or phrases to which they are immediately associated, and not those distantly or remotely located. “Since June 12, 1945,” as used in the provision, qualifies its antecedent phrase “under a bona fide claim of ownership.”
In this case, the land was already classified as alienable and disposable at the time of filing of the application. Moreover, the possession of the subject parcel of land by the respondent can be traced back to that of her predecessors-in-interest which commenced since 1945 or for almost fifty (50) years.
Hence, Naguit has acquired title to the land which may be properly brought under the operation of the Torrens system.