GR 193305 CAguioa (Digest)
G.R. No. 193305 , January 27, 2021
Republic of the Philippines, Petitioner, vs. Banal Na Pag-aaral, Phil., Inc., Respondent.
FACTS
This is a Separate Concurring Opinion by Justice Caguioa. The main case involved an application for land registration by respondent Banal Na Pag-aaral, Phil., Inc. The respondent presented two pieces of evidence to prove the land was alienable and disposable: 1) a CENRO Certification dated December 9, 2008, stating the land falls within an Alienable or Disposable Land per Land Classification (LC) Map No. 3013, approved on March 15, 1982 under Forestry Administrative Order (FAO) No. 4-1656; and 2) a certified copy of FAO No. 4-1656 issued by the Minister of Natural Resources. The main decision correctly applied the precedent in Republic v. T.A.N. Properties, which requires both a CENRO/PENRO certification and a copy of the original classification approved by the DENR Secretary to prove alienability.
ISSUE
Whether the second requirement established in Republic v. T.A.N. Properties (presentation of a copy of the original classification approved by the DENR Secretary) remains necessary for certifications issued after the effectivity of DENR Administrative Order No. 2012-9 (DENR AO 2012-9).
RULING
Justice Caguioa concurs with the main decision’s result but reiterates his position from Dumo v. Republic of the Philippines that the second T.A.N. requirement is now superfluous due to DENR AO 2012-9. This order delegates to CENRO, PENRO, and the RED-NCR the authority to issue both certifications on land classification status and certified true copies of approved LC maps. Therefore, a CENRO/PENRO/RED-NCR certification that expressly references the specific LC map and the original classification document (e.g., a BFDAO) should be deemed sufficient proof of alienability. The certification, once properly authenticated and verified in court by the issuing officer, shifts the burden of proof to the State. The scope of the T.A.N. ruling should thus be limited to certifications issued prior to the effectivity of DENR AO 2012-9.