G.R. No. 151910
October 15, 2007
Facts
Respondent filed an Application for Registration of Title of a parcel of residential land in Albay. He contended that there is no mortgage or encumbrance of any kind affects his property and that no other person has an interest, legal or equitable, on the subject lot. He further declared that he acquired the property through donation inter vivos from sps. Apolonio Munoz and Anastacia Vitero in 1956 who have been in possession thereof since time immemorial for more than 70 years.
The OSG opposed the application on various grounds, among which is that the land in question is part of the public domain and thus, not subject to appropriation.
In his reply, respondent averred that his parents acquired the land and declared such land for taxation purposes in 1920. He contended that the property was donated to him in 1956 and he likewise presented a report indicating payment of real estate taxes from 1956 up to the year 1997. Moreover, a report from the Director of Lands indicate that such land is covered by Free Patent of Munoz’s mother, Anastacia Vitero. Thereafter, the RTC and the CA ruled in favor of Munoz. Hence, this petition.
The petitioner stressed that in proving the alienable and disposable nature of the property, there has to be a certification from the Department of Environment and Natural Resources and Community Environment and Natural Resources Office (CENRO). On the contrary, the CA contended that respondent need not adduce documentary proof that the disputed property had been declared alienable and disposable because the lot had once been covered by free patent application. Hence, this alone is conclusive evidence that the property was already declared by the government as open for public disposition.
Issue
Whether or not Munoz has proven by competent evidence that the property is alienable and disposable property of the public domain?
Held
No. Applications for judicial confirmation of imperfect title must be able to prove the following: (1) that the land forms part of the alienable and disposable agricultural lands of the public domain; and (2) that they have been in open, continuous, exclusive and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial or since June 12, 1945.
Requisite number 1 embodies the Regalian doctrine. Under the Regalian doctrine embodied in our Constitution, all lands of the public domain belong to the State, which is the source of any asserted right to ownership of land. Therefore, all lands not appearing to be clearly within private ownership are presumed to belong to the State. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the alienable public domain.
To prove that the land subject of an application for registration is alienable, the 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 a statute. The applicant may also secure a certification from the Government that the land applied for is alienable and disposable
In the present case, respondent failed to submit a certification from the proper government agency to prove that the land subject for registration is indeed alienable and disposable. A CENRO certificate, which respondent failed to secure, could have evidenced the alienability of the land involved.
Hence, petition is granted.
Rationale
Even if you can prove possession of the parcel of land for a long time, but if there is no positive act declaring the land as alienable and disposable, you cannot ask for registration.