G.R. No. 174626; October 23, 2013
Republic of the Philippines vs. Luis Miguel O. Aboitiz

FACTS

Respondent Luis Miguel O. Aboitiz filed an application for original registration of title over a 1,254-square-meter parcel of land in Talamban, Cebu City. He claimed to have purchased the land from Irenea Kapuno in 1994 and presented tax declarations in his and his predecessor’s names from 1963 onward. Evidence showed the land was classified as alienable and disposable only in 1957. The Republic opposed the application. The Regional Trial Court granted the registration. The Court of Appeals initially reversed, ruling that possession could only be counted from the 1957 alienability declaration, thus failing the requirement of possession since June 12, 1945, under Section 14(1) of Presidential Decree No. 1529.
Upon reconsideration, the Court of Appeals issued an Amended Decision granting the application. It held that while the applicant did not qualify under Section 14(1), he could register the land under Section 14(2) through acquisitive prescription. The appellate court reasoned that Irenea Kapuno’s possession from 1963 to 1994, spanning 31 years, converted the property into private land by ordinary acquisitive prescription. The Republic appealed, arguing that land remains part of the public domain until registered and cannot be acquired by prescription.

ISSUE

Whether respondent has sufficiently established his right to have the subject land registered under the Property Registration Decree.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals Amended Decision, upholding the registration of title. The Court clarified the distinct legal bases for original registration under Section 14 of P.D. No. 1529. Section 14(1) requires possession since June 12, 1945, of alienable and disposable land. Section 14(2) allows registration by those who have acquired ownership of private lands by prescription under existing laws.
The Court held that the land, declared alienable in 1957, was converted into private property through ordinary acquisitive prescription under the Civil Code. Irenea Kapuno’s open, continuous, exclusive, and notorious possession in the concept of an owner from 1963 to 1994, a period exceeding 30 years, perfected her ownership by prescription. Consequently, when Aboitiz purchased the land in 1994, he acquired a private land, which is registrable under Section 14(2). The Court emphasized that once acquisitive prescription is completed, the land ceases to be public and becomes private property, susceptible to registration. The applicant satisfactorily proved the required period of possession through tax declarations and testimonial evidence.