GR 185603; (February, 2016) (Digest)
G.R. No. 185603 , February 10, 2016
Republic of the Philippines, Petitioner, vs. Local Superior of the Institute of the Sisters of the Sacred Heart of Jesus of Ragusa, Respondent.
FACTS
The respondent, a religious institution, filed an application for registration of title over a parcel of land in Silang, Cavite, based on Section 14(1) of Presidential Decree No. 1529 (Property Registration Decree). It alleged acquisition by purchase in 2005 and that its predecessors-in-interest, Andres Velando and Juana Velando, had been in open, continuous, exclusive, and notorious possession in the concept of an owner since 1940. The petitioner Republic opposed the application, arguing insufficient possession, that tax declarations are not muniments of title, and that the land is part of the public domain. The trial court granted the application, finding possession since 1948, totaling 57 years when tacked with the respondent’s possession. The Court of Appeals affirmed, citing testimony that possession commenced in 1943 and relying on the Naguit doctrine that possession prior to the land’s declaration as alienable and disposable can be counted, provided the land is classified as such at the time of application. A certification from the DENR Forest Management Services indicated the land was declared alienable and disposable only on March 15, 1982.
ISSUE
Whether the Court of Appeals erred in ruling that the respondent’s period of possession is sufficient to warrant registration of title under Section 14(1) of P.D. No. 1529.
RULING
The Supreme Court DENIED the petition but REMANDED the case to the trial court. The Court clarified that for an application under Section 14(1) of P.D. No. 1529, the applicant must prove: (1) that the land is alienable and disposable land of the public domain; and (2) that the applicant and its predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation under a bona fide claim of ownership since June 12, 1945, or earlier. The Court held that the period of possession is reckoned from June 12, 1945, and possession prior to that date suffices. However, the applicant must first conclusively prove that the land is alienable and disposable. The DENR certification presented only established the land’s alienable status as of March 15, 1982, but did not prove its classification as such on or before June 12, 1945. Following the Maldonado and Republic v. Vega doctrines, the applicant must present a certified true copy of the original classification approved by the DENR Secretary to establish that the land was already alienable and disposable on June 12, 1945. Since this was not sufficiently established, the case was remanded for reception of evidence on this specific point.