GR 176022; (February, 2015) (Digest)
G.R. No. 176022 , February 2, 2015.
Republic of the Philippines, Petitioner, vs. Cecilia Grace L. Roasa, married to Greg Ambrose Roasa, as herein represented by her Attorneys-in-Fact, Bernardo M. Nicolas, Jr. and Alvin B. Acayen, Respondent.
FACTS
Respondent Cecilia Grace L. Roasa filed an application for original registration of title over a parcel of land (Lot 2, Ccs-04-000501-D) in the RTC of Tagaytay City. She claimed ownership by purchase and alleged that she and her predecessors-in-interest had been in open, continuous, exclusive, and notorious possession and occupation of the agricultural land since the 1930s under a bona fide claim of ownership. The Republic of the Philippines, through the OSG, opposed the application, arguing the evidence was insufficient and the land was part of the public domain. The RTC denied the application, finding that while the land was certified as alienable and disposable on March 15, 1982, the respondent’s possession fell short of the required 30-year period from that date. The Court of Appeals reversed the RTC and granted the application, holding that the possession requirement since June 12, 1945, was met, and the date of alienability declaration did not affect this requirement.
ISSUE
Whether the period of possession of alienable and disposable lands of the public domain for purposes of original registration under Section 14(1) of Presidential Decree No. 1529 must be computed only from the date the land was declared alienable and disposable.
RULING
No. The Supreme Court denied the petition and affirmed the Court of Appeals Decision. The Court held that for original registration under Section 14(1) of P.D. No. 1529, an applicant must prove: (1) the land is alienable and disposable at the time of the application; and (2) open, continuous, exclusive, and notorious possession and occupation under a bona fide claim of ownership since June 12, 1945, or earlier. The cut-off date of June 12, 1945, applies only to the possession requirement and is unrelated to the date the land was declared alienable and disposable. Possession in the concept of an owner prior to such declaration is counted towards the required period. In this case, the subject lot was declared alienable on March 15, 1982, and the application was filed in 2000. The respondent and her predecessors-in-interest had possessed the land since the 1930s, which was before June 12, 1945. Thus, the possession requirement was satisfied, and the application was properly granted.