EN BANC

HEIRS OF MARIO MALABANAN, G.R. No. 179987

Petitioner,
Present:
PUNO, C.J.,
QUISUMBING,
YNARES-SANTIAGO,
CARPIO,
- versus - AUSTRIA-MARTINEZ,
CORONA,
CARPIO MORALES,
TINGA,
CHICO-NAZARIO,
VELASCO, JR.,
NACHURA,
LEONARDO DE CASTRO,
BRION,
REPUBLIC OF THE PHILIPPINES, PERALTA, and
Respondent. BERSAMIN, JJ.
Promulgated:
April 29, 2009
x--------------------------------------------------------------------------- x
DECISION
TINGA, J.:
One main reason why the informal sector has not become formal is that from Indonesia to Brazil, 90
percent of the informal lands are not titled and registered. This is a generalized phenomenon in the socalled Third World. And it has many consequences.
xxx
The question is: How is it that so many governments, from Suharto's in Indonesia to Fujimori's
in Peru, have wanted to title these people and have not been able to do so effectively? One reason is
that none of the state systems in Asia or Latin America can gather proof of informal titles. In Peru, the
informals have means of proving property ownership to each other which are not the same means
developed by the Spanish legal system. The informals have their own papers, their own forms of
agreements, and their own systems of registration, all of which are very clearly stated in the maps
which they use for their own informal business transactions.
If you take a walk through the countryside, from Indonesia to Peru, and you walk by field after
field--in each field a different dog is going to bark at you. Even dogs know what private property is all
about. The only one who does not know it is the government. The issue is that there exists a "common
law" and an "informal law" which the Latin American formal legal system does not know how to
recognize.
- Hernando De Soto[1]

This decision inevitably affects all untitled lands currently in possession of persons and entities other than the

Philippine government. The petition, while unremarkable as to the facts, was accepted by the Court en banc in order to

provide definitive clarity to the applicability and scope of original registration proceedings under Sections 14(1) and

14(2) of the Property Registration Decree. In doing so, the Court confronts not only the relevant provisions of the Public

Land Act and the Civil Code, but also the reality on the ground. The countrywide phenomenon of untitled lands, as well

as the problem of informal settlement it has spawned, has unfortunately been treated with benign neglect. Yet our

current laws are hemmed in by their own circumscriptions in addressing the phenomenon. Still, the duty on our part is

primarily to decide cases before us in accord with the Constitution and the legal principles that have developed our

public land law, though our social obligations dissuade us from casting a blind eye on the endemic problems.
I.

On 20 February 1998, Mario Malabanan filed an application for land registration covering a parcel of land identified

as Lot 9864-A, Cad-452-D, Silang Cadastre, [2] situated in Barangay Tibig, Silang Cavite, and consisting of 71,324 square

meters. Malabanan claimed that he had purchased the property from Eduardo Velazco, [3] and that he and his

predecessors-in-interest had been in open, notorious, and continuous adverse and peaceful possession of the land for

more than thirty (30) years.

The application was raffled to the Regional Trial Court of (RTC) Cavite-Tagaytay City, Branch 18. The Office of the

Solicitor General (OSG) duly designated the Assistant Provincial Prosecutor of Cavite, Jose Velazco, Jr., to appear on

behalf of the State.[4] Apart from presenting documentary evidence, Malabanan himself and his witness, Aristedes

Velazco, testified at the hearing. Velazco testified that the property was originally belonged to a twenty-two hectare

property owned by his great-grandfather, Lino Velazco. Lino had four sons Benedicto, Gregorio, Eduardo and

Estebanthe fourth being Aristedess grandfather. Upon Linos death, his four sons inherited the property and divided it

among themselves. But by 1966, Estebans wife, Magdalena, had become the administrator of all the properties

inherited by the Velazco sons from their father, Lino. After the death of Esteban and Magdalena, their son Virgilio

succeeded them in administering the properties, including Lot 9864-A, which originally belonged to his uncle, Eduardo

Velazco. It was this property that was sold by Eduardo Velazco to Malabanan. [5]

Assistant Provincial Prosecutor Jose Velazco, Jr. did not cross-examine Aristedes Velazco. He further manifested

that he also [knew] the property and I affirm the truth of the testimony given by Mr. Velazco. [6] The Republic of

the Philippines likewise did not present any evidence to controvert the application.

Among the evidence presented by Malabanan during trial was a Certification dated 11 June 2001, issued by

the Community Environment & Natural Resources Office, Department of Environment and Natural Resources (CENRO-

DENR), which stated that the subject property was verified to be within the Alienable or Disposable land per Land

Classification Map No. 3013 established under Project No. 20-A and approved as such under FAO 4-1656 on March 15,

1982.[7]

On 3 December 2002, the RTC rendered judgment in favor of Malabanan, the dispositive portion of which

reads:

WHEREFORE, this Court hereby approves this application for registration and thus places under
the operation of Act 141, Act 496 and/or P.D. 1529, otherwise known as Property Registration Law, the
lands described in Plan Csd-04-0173123-D, Lot 9864-A and containing an area of Seventy One
Thousand Three Hundred Twenty Four (71,324) Square Meters, as supported by its technical description
now forming part of the record of this case, in addition to other proofs adduced in the name of MARIO
MALABANAN, who is of legal age, Filipino, widower, and with residence at Munting Ilog, Silang, Cavite.
Once this Decision becomes final and executory, the corresponding decree of registration shall
forthwith issue.

SO ORDERED.

The Republic interposed an appeal to the Court of Appeals, arguing that Malabanan had failed to prove that

the property belonged to the alienable and disposable land of the public domain, and that the RTC had erred in finding

that he had been in possession of the property in the manner and for the length of time required by law for

confirmation of imperfect title.

On 23 February 2007, the Court of Appeals rendered a Decision [8] reversing the RTC and dismissing the

application of Malabanan. The appellate court held that under Section 14(1) of the Property Registration Decree any

period of possession prior to the classification of the lots as alienable and disposable was inconsequential and should

be excluded from the computation of the period of possession. Thus, the appellate court noted that since the CENRO-

DENR certification had verified that the property was declared alienable and disposable only on 15 March 1982, the

Velazcos possession prior to that date could not be factored in the computation of the period of possession. This

interpretation of the Court of Appeals of Section 14(1) of the Property Registration Decree was based on the Courts

ruling in Republic v. Herbieto.[9]

Malabanan died while the case was pending with the Court of Appeals; [10] hence, it was his heirs who appealed

the decision of the appellate court. Petitioners, before this Court, rely on our ruling in Republic v. Naguit,[11] which was

handed down just four months prior to Herbieto. Petitioners suggest that the discussion in Herbieto cited by the Court

of Appeals is actually obiter dictum since the Metropolitan Trial Court therein which had directed the registration of the

property had no jurisdiction in the first place since the requisite notice of hearing was published only after the hearing

had already begun. Naguit, petitioners argue, remains the controlling doctrine, especially when the property in

question is agricultural land. Therefore, with respect to agricultural lands, any possession prior to the declaration of the

alienable property as disposable may be counted in reckoning the period of possession to perfect title under the Public

Land Act and the Property Registration Decree.

The petition was referred to the Court en banc,[12] and on 11 November 2008, the case was heard on oral

arguments. The Court formulated the principal issues for the oral arguments, to wit:

1. In order that an alienable and disposable land of the public domain may be registered under
Section 14(1) of Presidential Decree No. 1529, otherwise known as the Property Registration Decree,
should the land be classified as alienable and disposable as of June 12, 1945 or is it sufficient that such
classification occur at any time prior to the filing of the applicant for registration provided that it is
established that the applicant has been in open, continuous, exclusive and notorious possession of the
land under a bona fide claim of ownership since June 12, 1945 or earlier?
2. For purposes of Section 14(2) of the Property Registration Decree may a parcel of land
classified as alienable and disposable be deemed private land and therefore susceptible to acquisition
by prescription in accordance with the Civil Code?
3. May a parcel of land established as agricultural in character either because of its use or
because its slope is below that of forest lands be registrable under Section 14(2) of the Property
Registration Decree in relation to the provisions of the Civil Code on acquisitive prescription?
4. Are petitioners entitled to the registration of the subject land in their names under Section
14(1) or Section 14(2) of the Property Registration Decree or both? [13]

Based on these issues, the parties formulated their respective positions.

With respect to Section 14(1), petitioners reiterate that the analysis of the Court in Naguit is the correct

interpretation of the provision. The seemingly contradictory pronouncement in Herbieto, it is submitted, should be

considered obiter dictum, since the land registration proceedings therein was void ab initio due to lack of publication of

the notice of initial hearing. Petitioners further point out that in Republic v. Bibonia,[14] promulgated in June of 2007, the

Court applied Naguit and adopted the same observation that the preferred interpretation by the OSG of Section 14(1)

was patently absurd. For its part, the OSG remains insistent that for Section 14(1) to apply, the land should have been

classified as alienable and disposable as of 12 June 1945. Apart from Herbieto, the OSG also cites the subsequent

rulings in Buenaventura v. Republic,[15] Fieldman Agricultural Trading v. Republic [16] and Republic v. Imperial Credit

Corporation,[17] as well as the earlier case of Director of Lands v. Court of Appeals.[18]

With respect to Section 14(2), petitioners submit that open, continuous, exclusive and notorious possession of

an alienable land of the public domain for more than 30 yearsipso jure converts the land into private property, thus

placing it under the coverage of Section 14(2). According to them, it would not matter whether the land sought to be

registered was previously classified as agricultural land of the public domain so long as, at the time of the application,

the property had already been converted into private property through prescription. To bolster their argument,

petitioners cite extensively from our 2008 ruling in Republic v. T.A.N. Properties.[19]

The arguments submitted by the OSG with respect to Section 14(2) are more extensive. The OSG notes that

under Article 1113 of the Civil Code, the acquisitive prescription of properties of the State refers to patrimonial

property, while Section 14(2) speaks of private lands. It observes that the Court has yet to decide a case that

presented Section 14(2) as a ground for application for registration, and that the 30-year possession period refers to

the period of possession under Section 48(b) of the Public Land Act, and not the concept of prescription under the Civil

Code. The OSG further submits that, assuming that the 30-year prescriptive period can run against public lands, said

period should be reckoned from the time the public land was declared alienable and disposable.

Both sides likewise offer special arguments with respect to the particular factual circumstances surrounding

the subject property and the ownership thereof.

II.

First, we discuss Section 14(1) of the Property Registration Decree. For a full understanding of the provision, reference

has to be made to the Public Land Act.

A.

Commonwealth Act No. 141, also known as the Public Land Act, has, since its enactment, governed the

classification and disposition of lands of the public domain. The President is authorized, from time to time, to classify

the lands of the public domain into alienable and disposable, timber, or mineral lands. [20] Alienable and disposable

lands of the public domain are further classified according to their uses into (a) agricultural; (b) residential,

commercial, industrial, or for similar productive purposes; (c) educational, charitable, or other similar purposes; or (d)

reservations for town sites and for public and quasi-public uses. [21]

May a private person validly seek the registration in his/her name of alienable and disposable lands of the

public domain? Section 11 of the Public Land Act acknowledges that public lands suitable for agricultural purposes may

be disposed of by confirmation of imperfect or incomplete titles through judicial legalization. [22] Section 48(b) of the

Public Land Act, as amended by P.D. No. 1073, supplies the details and unmistakably grants that right, subject to the

requisites stated therein:

Sec. 48. The following described citizens of the Philippines, occupying lands of the public
domain or claiming to own any such land or an interest therein, but whose titles have not been
perfected or completed, may apply to the Court of First Instance of the province where the land is
located for confirmation of their claims and the issuance of a certificate of title therefor, under the
Land Registration Act, to wit:
xxx
(b) Those who by themselves or through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of
the public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945, or earlier,
immediately preceding the filing of the application for confirmation of title except when prevented by
war or force majeure. These shall be conclusively presumed to have performed all the conditions
essential to a Government grant and shall be entitled to a certificate of title under the provisions of
this chapter.

Section 48(b) of Com. Act No. 141 received its present wording in 1977 when the law was amended by P.D. No. 1073.

Two significant amendments were introduced by P.D. No. 1073. First, the term agricultural lands was changed to

alienable and disposable lands of the public domain. The OSG submits that this amendment restricted the scope of the

lands that may be registered. [23] This is not actually the case. Under Section 9 of the Public Land Act, agricultural lands

are a mere subset of lands of the public domain alienable or open to disposition. Evidently, alienable and disposable

lands of the public domain are a larger class than only agricultural lands.

Second, the length of the requisite possession was changed from possession for thirty (30) years immediately

preceding the filing of the application to possession since June 12, 1945 or earlier. The Court in Naguit explained:

When the Public Land Act was first promulgated in 1936, the period of possession deemed
necessary to vest the right to register their title to agricultural lands of the public domain commenced
from July 26, 1894. However, this period was amended by R.A. No. 1942, which provided that the bona
fide claim of ownership must have been for at least thirty (30) years. Then in 1977, Section 48(b) of the
Public Land Act was again amended, this time by P.D. No. 1073, which pegged the reckoning date
at June 12, 1945. xxx

It bears further observation that Section 48(b) of Com. Act No, 141 is virtually the same as Section 14(1) of the

Property Registration Decree. Said Decree codified the various laws relative to the registration of property, including

lands of the public domain. It is Section 14(1) that operationalizes the registration of such lands of the public domain.

The provision reads:

SECTION 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their duly
authorized representatives:
(1)

those who by themselves or through their predecessors-in-interest have been in

open, continuous, exclusive and notorious possession and occupation of alienable
and disposable lands of the public domain under a bona fide claim of ownership
since June 12, 1945, or earlier.

Notwithstanding the passage of the Property Registration Decree and the inclusion of Section 14(1) therein, the

Public Land Act has remained in effect. Both laws commonly refer to persons or their predecessors-in-interest who have

been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the

public domain under a bona fide claim of ownership since June 12, 1945, or earlier. That circumstance may have led to

the impression that one or the other is a redundancy, or that Section 48(b) of the Public Land Act has somehow been

repealed or mooted. That is not the case.

The opening clauses of Section 48 of the Public Land Act and Section 14 of the Property Registration Decree

warrant comparison:

Sec. 48 [of the Public Land Act]. The following described citizens of the Philippines, occupying
lands of the public domain or claiming to own any such land or an interest therein, but whose titles
have not been perfected or completed, may apply to the Court of First Instance of the province where
the land is located for confirmation of their claims and the issuance of a certificate of title therefor,
under the Land Registration Act, to wit:
xxx

Sec. 14 [of the Property Registration Decree]. Who may apply. The following persons may file in
the proper Court of First Instance an application for registration of title to land, whether personally or
through their duly authorized representatives:
xxx

It is clear that Section 48 of the Public Land Act is more descriptive of the nature of the right enjoyed by the

possessor than Section 14 of the Property Registration Decree, which seems to presume the pre-existence of the right,

rather than establishing the right itself for the first time. It is proper to assert that it is the Public Land Act, as amended

by P.D. No. 1073 effective 25 January 1977, that has primarily established the right of a Filipino citizen who has been in

open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public

domain, under a bona fide claim of acquisition of ownership, since June 12, 1945 to perfect or complete his title by

applying with the proper court for the confirmation of his ownership claim and the issuance of the corresponding

certificate of title.

Section 48 can be viewed in conjunction with the afore-quoted Section 11 of the Public Land Act, which

provides that public lands suitable for agricultural purposes may be disposed of by confirmation of imperfect or

incomplete titles, and given the notion that both provisions declare that it is indeed the Public Land Act that primarily

establishes the substantive ownership of the possessor who has been in possession of the property since 12 June 1945.

In turn, Section 14(a) of the Property Registration Decree recognizes the substantive right granted under Section 48(b)

of the Public Land Act, as well provides the corresponding original registration procedure for the judicial confirmation of

an imperfect or incomplete title.

There is another limitation to the right granted under Section 48(b). Section 47 of the Public Land Act limits the period

within which one may exercise the right to seek registration under Section 48. The provision has been amended several

times, most recently by Rep. Act No. 9176 in 2002. It currently reads thus:

Section 47. The persons specified in the next following section are hereby granted time, not to
extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That
this period shall apply only where the area applied for does not exceed twelve (12) hectares: Provided,
further, That the several periods of time designated by the President in accordance with Section FortyFive of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section
shall not be construed as prohibiting any said persons from acting under this Chapter at any time prior
to the period fixed by the President.[24]

Accordingly under the current state of the law, the substantive right granted under Section 48(b) may be availed of

only until 31 December 2020.

B.

Despite the clear text of Section 48(b) of the Public Land Act, as amended and Section 14(a) of the Property

Registration Decree, the OSG has adopted the position that for one to acquire the right to seek registration of an

alienable and disposable land of the public domain, it is not enough that the applicant and his/her predecessors-in-

interest be in possession under a bona fide claim of ownership since 12 June 1945; the alienable and disposable

character of the property must have been declared also as of 12 June 1945. Following the OSGs approach, all lands

certified as alienable and disposable after 12 June 1945 cannot be registered either under Section 14(1) of the Property

Registration Decree or Section 48(b) of the Public Land Act as amended. The absurdity of such an implication was

discussed in Naguit.

Petitioner suggests an interpretation that the alienable and disposable character of the land
should have already been established since June 12, 1945 or earlier. This is not borne out by the plain
meaning of Section 14(1). Since June 12, 1945, as used in the provision, qualifies its antecedent phrase
under a bonafide claim of ownership. Generally speaking, qualifying words restrict or modify only the
words or phrases to which they are immediately associated, and not those distantly or remotely
located.[25] Ad proximum antecedents fiat relation nisi impediatur sentencia.
Besides, we are mindful of the absurdity that would result if we adopt petitioners position. Absent a
legislative amendment, the rule would be, adopting the OSGs view, that all lands of the public domain
which were not declared alienable or disposable before June 12, 1945 would not be susceptible to
original registration, no matter the length of unchallenged possession by the occupant. Such
interpretation renders paragraph (1) of Section 14 virtually inoperative and even precludes the
government from giving it effect even as it decides to reclassify public agricultural lands as alienable
and disposable. The unreasonableness of the situation would even be aggravated considering that
before June 12, 1945, the Philippines was not yet even considered an independent state.

Accordingly, the Court in Naguit explained:

[T]he more reasonable interpretation of Section 14(1) is that it merely requires the property
sought to be registered as already alienable and disposable at the time the application for registration
of title is filed. If the State, at the time the application is made, has not yet deemed it proper to release

the property for alienation or disposition, the presumption is that the government is still reserving the
right to utilize the property; hence, the need to preserve its ownership in the State irrespective of the
length of adverse possession even if in good faith. However, if the property has already been classified
as alienable and disposable, as it is in this case, then there is already an intention on the part of the
State to abdicate its exclusive prerogative over the property.

The Court declares that the correct interpretation of Section 14(1) is that which was adopted in Naguit. The

contrary pronouncement in Herbieto, as pointed out in Naguit, absurdly limits the application of the provision to the

point of virtual inutility since it would only cover lands actually declared alienable and disposable prior to 12 June

1945, even if the current possessor is able to establish open, continuous, exclusive and notorious possession under

a bona fide claim of ownership long before that date.

Moreover, the Naguit interpretation allows more possessors under a bona fide claim of ownership to avail of

judicial confirmation of their imperfect titles than what would be feasible under Herbieto. This balancing fact is

significant, especially considering our forthcoming discussion on the scope and reach of Section 14(2) of the Property

Registration Decree.

Petitioners make the salient observation that the contradictory passages from Herbieto are obiter dicta since

the land registration proceedings therein is void ab initio in the first place due to lack of the requisite publication of the

notice of initial hearing. There is no need to explicitly overturn Herbieto, as it suffices that the Courts acknowledgment

that the particular line of argument used therein concerning Section 14(1) is indeed obiter.

It may be noted that in the subsequent case of Buenaventura,[26] the Court, citing Herbieto, again stated
that [a]ny period of possession prior to the date when the [s]ubject [property was] classified as alienable and

disposable is inconsequential and should be excluded from the computation of the period of possession That
statement,

in the

context

of

Section

14(1),

is

certainly

erroneous.

Nonetheless,

the

passage

as

cited

in Buenaventura should again be considered as obiter. The application therein was ultimately granted, citing Section
14(2). The evidence submitted by petitioners therein did not establish any mode of possession on their part prior to
1948, thereby precluding the application of Section 14(1). It is not even apparent from the decision whether petitioners
therein had claimed entitlement to original registration following Section 14(1), their position being that they had been
in exclusive possession under a bona fide claim of ownership for over fifty (50) years, but not before 12 June 1945.

Thus, neither Herbieto nor its principal discipular ruling Buenaventura has any precedental value with respect

to Section 14(1). On the other hand, the ratio of Naguit is embedded in Section 14(1), since it precisely involved

situation wherein the applicant had been in exclusive possession under a bona fide claim of ownership prior to 12 June

1945. The Courts interpretation of Section 14(1) therein was decisive to the resolution of the case. Any doubt as to

which between Naguit or Herbieto provides the final word of the Court on Section 14(1) is now settled in favor

of Naguit.

We noted in Naguit that it should be distinguished from Bracewell v. Court of Appeals[27] since in the latter, the

application for registration had been filed before the land was declared alienable or disposable. The dissent though

pronounces Bracewell as the better rule between the two. Yet two years after Bracewell, its ponente, the

esteemed Justice Consuelo Ynares-Santiago, penned the ruling in Republic v. Ceniza,[28] which involved a claim of

possession that extended back to 1927 over a public domain land that was declared alienable and disposable only in

1980. Ceniza cited Bracewell, quoted extensively from it, and following the mindset of the dissent, the attempt at

registration in Cenizashould have failed. Not so.

To prove that the land subject of an application for registration is alienable, an 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.
In this case, private respondents presented a certification dated November 25, 1994, issued by
Eduardo M. Inting, the Community Environment and Natural Resources Officer in the Department of
Environment and Natural Resources Office in Cebu City, stating that the lots involved were "found to
be within the alienable and disposable (sic) Block-I, Land Classification Project No. 32-A, per map 2962
4-I555 dated December 9, 1980." This is sufficient evidence to show the real character of the land
subject of private respondents application. Further, the certification enjoys a presumption of regularity
in the absence of contradictory evidence, which is true in this case. Worth noting also was the
observation of the Court of Appeals stating that:
[n]o opposition was filed by the Bureaus of Lands and Forestry to contest the
application of appellees on the ground that the property still forms part of the public
domain. Nor is there any showing that the lots in question are forestal land....
Thus, while the Court of Appeals erred in ruling that mere possession of public land for the
period required by law would entitle its occupant to a confirmation of imperfect title, it did not err in
ruling in favor of private respondents as far as the first requirement in Section 48(b) of the Public Land
Act is concerned, for they were able to overcome the burden of proving the alienability of the land
subject of their application.
As correctly found by the Court of Appeals, private respondents were able to prove their open,
continuous, exclusive and notorious possession of the subject land even before the year 1927. As a
rule, we are bound by the factual findings of the Court of Appeals. Although there are exceptions,
petitioner did not show that this is one of them. [29]

Why did the Court in Ceniza, through the same eminent member who authored Bracewell, sanction the registration

under Section 48(b) of public domain lands declared alienable or disposable thirty-five (35) years and 180 days

after 12 June 1945? The telling difference is that in Ceniza, the application for registration was filed nearly six (6)

years after the land had been declared alienable or disposable, while in Bracewell, the application was filed nine (9)

years before the land was declared alienable or disposable. That crucial difference was also stressed

in Naguit to contradistinguish it from Bracewell, a difference which the dissent seeks to belittle.

III.

We next ascertain the correct framework of analysis with respect to Section 14(2). The provision reads:

SECTION 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their duly
authorized representatives:
xxx
(2)

Those who have acquired ownership over private lands by prescription under
the provisions of existing laws.

The Court in Naguit offered the following discussion concerning Section 14(2), which we did even then

recognize, and still do, to be an obiter dictum, but we nonetheless refer to it as material for further discussion, thus:
Did the enactment of the Property Registration Decree and the amendatory P.D. No. 1073
preclude the application for registration of alienable lands of the public domain, possession over which
commenced only after June 12, 1945? It did not, considering Section 14(2) of the Property Registration
Decree, which governs and authorizes the application of those who have acquired ownership of private
lands by prescription under the provisions of existing laws.
Prescription is one of the modes of acquiring ownership under the Civil Code.[ [30]] There is a
consistent jurisprudential rule that properties classified as alienable public land may be converted into
private property by reason of open, continuous and exclusive possession of at least thirty (30) years.
[[31]] With such conversion, such property may now fall within the contemplation of private lands under
Section 14(2), and thus susceptible to registration by those who have acquired ownership through
prescription. Thus, even if possession of the alienable public land commenced on a date later than June
12, 1945, and such possession being been open, continuous and exclusive, then the possessor may
have the right to register the land by virtue of Section 14(2) of the Property Registration Decree.

Naguit did not involve the application of Section 14(2), unlike in this case where petitioners have based their

registration bid primarily on that provision, and where the evidence definitively establishes their claim of possession

only as far back as 1948. It is in this case that we can properly appreciate the nuances of the provision.

A.

The obiter in Naguit cited the Civil Code provisions on prescription as the possible basis for application for original

registration under Section 14(2). Specifically, it is Article 1113 which provides legal foundation for the application. It

reads:

All things which are within the commerce of men are susceptible of prescription, unless
otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not
be the object of prescription.

It is clear under the Civil Code that where lands of the public domain are patrimonial in character, they are susceptible

to acquisitive prescription. On the other hand, among the public domain lands that are not susceptible to acquisitive

prescription are timber lands and mineral lands. The Constitution itself proscribes private ownership of timber or

mineral lands.

There are in fact several provisions in the Civil Code concerning the acquisition of real property through

prescription. Ownership of real property may be acquired by ordinary prescription of ten (10) years, [32] or through

extraordinary prescription of thirty (30) years. [33] Ordinary acquisitive prescription requires possession in good faith,

[34]

as well as just title.[35]

When Section 14(2) of the Property Registration Decree explicitly provides that persons who have acquired

ownership over private lands by prescription under the provisions of existing laws, it unmistakably refers to the Civil

Code as a valid basis for the registration of lands. The Civil Code is the only existing law that specifically allows the

acquisition by prescription of private lands, including patrimonial property belonging to the State. Thus, the critical

question that needs affirmation is whether Section 14(2) does encompass original registration proceedings over

patrimonial property of the State, which a private person has acquired through prescription.

The Naguit obiter had adverted to a frequently reiterated jurisprudence holding that properties classified as

alienable public land may be converted into private property by reason of open, continuous and exclusive possession of

at least thirty (30) years. [36] Yet if we ascertain the source of the thirty-year period, additional complexities relating to

Section 14(2) and to how exactly it operates would emerge. For there are in fact two distinct origins of the thirty

(30)-year rule.

The first source is Rep. Act No. 1942, enacted in 1957, which amended Section 48(b) of the Public Land Act by

granting the right to seek original registration of alienable public lands through possession in the concept of an owner

for at least thirty years.

The following-described citizens of the Philippines, occupying lands of the public domain or
claiming to own any such lands or an interest therein, but whose titles have not been perfected or
completed, may apply to the Court of First Instance of the province where the land is located for
confirmation of their claims and the issuance of a certificate of title therefor, under the Land
Registration Act, to wit:
xxx

xxx

xxx

(b) Those who by themselves or through their predecessors in interest have been in open,
continuous, exclusive and notorious possession and occupation of agricultural lands of the public
domain, under a bona fide claim of acquisition of ownership, for at least thirty years immediately
preceding the filing of the application for confirmation of title, except when prevented by war
or force majeure. These shall be conclusively presumed to have performed all the conditions essential
to a Government grant and shall be entitled to a certificate of title under the provisions of this
Chapter. (emphasis supplied)[37]

This provision was repealed in 1977 with the enactment of P.D. 1073, which made the date 12 June 1945 the

reckoning point for the first time. Nonetheless, applications for registration filed prior to 1977 could have invoked the

30-year rule introduced by Rep. Act No. 1942.

The second source is Section 14(2) of P.D. 1529 itself, at least by implication, as it applies the rules on

prescription under the Civil Code, particularly Article 1113 in relation to Article 1137. Note that there are two kinds of

prescription under the Civil Codeordinary acquisitive prescription and extraordinary acquisitive prescription, which,

under Article 1137, is completed through uninterrupted adverse possession for thirty years, without need of title or of

good faith.

Obviously, the first source of the thirty (30)-year period rule, Rep. Act No. 1942, became unavailable after

1977. At present, the only legal basis for the thirty (30)-year period is the law on prescription under the Civil Code, as

mandated under Section 14(2). However, there is a material difference between how the thirty (30)-year rule operated

under Rep. Act No. 1942 and how it did under the Civil Code.

Section 48(b) of the Public Land Act, as amended by Rep. Act No. 1942, did not refer to or call into application

the Civil Code provisions on prescription. It merely set forth a requisite thirty-year possession period immediately

preceding the application for confirmation of title, without any qualification as to whether the property should be

declared alienable at the beginning of, and continue as such, throughout the entire thirty-(30) years. There is neither

statutory nor jurisprudential basis to assert Rep. Act No. 1942 had mandated such a requirement, [38] similar to our

earlier finding with respect to the present language of Section 48(b), which now sets 12 June 1945 as the point of

reference.

Then, with the repeal of Rep. Act No. 1942, the thirty-year possession period as basis for original registration

became Section 14(2) of the Property Registration Decree, which entitled those who have acquired ownership over

private lands by prescription under the provisions of existing laws to apply for original registration. Again, the thirty-

year period is derived from the rule on extraordinary prescription under Article 1137 of the Civil Code. At the same

time, Section 14(2) puts into operation the entire regime of prescription under the Civil Code, a fact which does not

hold true with respect to Section 14(1).

B.

Unlike Section 14(1), Section 14(2) explicitly refers to the principles on prescription under existing laws.

Accordingly, we are impelled to apply the civil law concept of prescription, as set forth in the Civil Code, in our

interpretation of Section 14(2). There is no similar demand on our part in the case of Section 14(1).

The critical qualification under Article 1113 of the Civil Code is thus: [p]roperty of the State or any of its

subdivisions not patrimonial in character shall not be the object of prescription. The identification what consists of

patrimonial property is provided by Articles 420 and 421, which we quote in full:

Art. 420. The following things are property of public dominion:

(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores, roadsteads, and others of similar character;
(2) Those which belong to the State, without being for public use, and are intended for some
public service or for the development of the national wealth.
Art. 421. All other property of the State, which is not of the character stated in the preceding
article, is patrimonial property

It is clear that property of public dominion, which generally includes property belonging to the State, cannot be the

object of prescription or, indeed, be subject of the commerce of man. [39] Lands of the public domain, whether declared

alienable and disposable or not, are property of public dominion and thus insusceptible to acquisition by prescription.

Let us now explore the effects under the Civil Code of a declaration by the President or any duly authorized

government officer of alienability and disposability of lands of the public domain. Would such lands so declared

alienable and disposable be converted, under the Civil Code, from property of the public dominion into patrimonial

property? After all, by connotative definition, alienable and disposable lands may be the object of the commerce of

man; Article 1113 provides that all things within the commerce of man are susceptible to prescription; and the same

provision further provides that patrimonial property of the State may be acquired by prescription.

Nonetheless, Article 422 of the Civil Code states that [p]roperty of public dominion, when no longer intended

for public use or for public service, shall form part of the patrimonial property of the State. It is this provision that

controls how public dominion property may be converted into patrimonial property susceptible to acquisition by

prescription. After all, Article 420 (2) makes clear that those property which belong to the State, without being for

public use, and are intended for some public service or for the development of the national wealth are public dominion

property. For as long as the property belongs to the State, although already classified as alienable or disposable, it

remains property of the public dominion if when it is intended for some public service or for the development of the

national wealth.

Accordingly, there must be an express declaration by the State that the public dominion property

is no longer intended for public service or the development of the national wealth or that the property

has been converted into patrimonial. Without such express declaration, the property, even if classified as

alienable or disposable, remains property of the public dominion, pursuant to Article 420(2), and thus

incapable of acquisition by prescription. It is only when such alienable and disposable lands are

expressly declared by the State to be no longer intended for public service or for the development of the

national wealth that the period of acquisitive prescription can begin to run. Such declaration shall be in

the form of a law duly enacted by Congress or a Presidential Proclamation in cases where the President

is duly authorized by law.

It is comprehensible with ease that this reading of Section 14(2) of the Property Registration Decree limits its

scope and reach and thus affects the registrability even of lands already declared alienable and disposable to the

detriment of the bona fide possessors or occupants claiming title to the lands. Yet this interpretation is in accord with

the Regalian doctrine and its concomitant assumption that all lands owned by the State, although declared alienable or

disposable, remain as such and ought to be used only by the Government.

Recourse does not lie with this Court in the matter. The duty of the Court is to apply the Constitution and the

laws in accordance with their language and intent. The remedy is to change the law, which is the province of the

legislative branch. Congress can very well be entreated to amend Section 14(2) of the Property Registration Decree

and pertinent provisions of the Civil Code to liberalize the requirements for judicial confirmation of imperfect or

incomplete titles.

The operation of the foregoing interpretation can be illustrated by an actual example. Republic Act No. 7227,

entitled An Act Accelerating The Conversion Of Military Reservations Into Other Productive Uses, etc., is more

commonly known as the BCDA law. Section 2 of the law authorizes the sale of certain military reservations and

portions of military camps in Metro Manila, including Fort Bonifacio and Villamor Air Base. For purposes of effecting the

sale of the military camps, the law mandates the President to transfer such military lands to the Bases Conversion

Development Authority (BCDA)[40] which in turn is authorized to own, hold and/or administer them. [41] The President is

authorized to sell portions of the military camps, in whole or in part. [42] Accordingly, the BCDA law itself declares that

the military lands subject thereof are alienable and disposable pursuant to the provisions of existing laws and

regulations governing sales of government properties.[43]

From the moment the BCDA law was enacted the subject military lands have become alienable and disposable.

However, said lands did not become patrimonial, as the BCDA law itself expressly makes the reservation that these

lands are to be sold in order to raise funds for the conversion of the former American bases at Clark and Subic.[44]Such

purpose can be tied to either public service or the development of national wealth under Article 420(2). Thus, at that

time, the lands remained property of the public dominion under Article 420(2), notwithstanding their status as

alienable and disposable. It is upon their sale as authorized under the BCDA law to a private person or entity that such

lands become private property and cease to be property of the public dominion.

C.

Should public domain lands become patrimonial because they are declared as such in a duly enacted law or

duly promulgated proclamation that they are no longer intended for public service or for the development of the

national wealth, would the period of possession prior to the conversion of such public dominion into patrimonial be

reckoned in counting the prescriptive period in favor of the possessors? We rule in the negative.

The limitation imposed by Article 1113 dissuades us from ruling that the period of possession before the public domain

land becomes patrimonial may be counted for the purpose of completing the prescriptive period. Possession of public

dominion property before it becomes patrimonial cannot be the object of prescription according to the Civil Code. As

the application for registration under Section 14(2) falls wholly within the framework of prescription under the Civil

Code, there is no way that possession during the time that the land was still classified as public dominion property can

be counted to meet the requisites of acquisitive prescription and justify registration.

Are we being inconsistent in applying divergent rules for Section 14(1) and Section 14(2)? There is no

inconsistency. Section 14(1) mandates registration on the basis ofpossession, while Section 14(2) entitles

registration on the basis of prescription. Registration under Section 14(1) is extended under the aegis of

the Property Registration Decree and the Public Land Act while registration under Section 14(2) is made

available both by the Property Registration Decree and the Civil Code.

In the same manner, we can distinguish between the thirty-year period under Section 48(b) of the Public Land Act, as

amended by Rep. Act No. 1472, and the thirty-year period available through Section 14(2) of the Property Registration

Decree in relation to Article 1137 of the Civil Code. The period under the former speaks of a thirty-year period

of possession, while the period under the latter concerns a thirty-year period of extraordinary

prescription. Registration under Section 48(b) of the Public Land Act as amended by Rep. Act No. 1472 is

based on thirty years of possession alone without regard to the Civil Code, while the registration under

Section 14(2) of the Property Registration Decree is founded on extraordinary prescription under the

Civil Code.

It may be asked why the principles of prescription under the Civil Code should not apply as well to Section 14(1).

Notwithstanding the vaunted status of the Civil Code, it ultimately is just one of numerous statutes, neither superior

nor inferior to other statutes such as the Property Registration Decree. The legislative branch is not bound to adhere to

the framework set forth by the Civil Code when it enacts subsequent legislation. Section 14(2) manifests a clear intent

to interrelate the registration allowed under that provision with the Civil Code, but no such intent exists with respect to

Section 14(1).

IV.

One of the keys to understanding the framework we set forth today is seeing how our land registration procedures

correlate with our law on prescription, which, under the Civil Code, is one of the modes for acquiring ownership over

property.

The Civil Code makes it clear that patrimonial property of the State may be acquired by private persons through

prescription. This is brought about by Article 1113, which states that [a]ll things which are within the commerce of man

are susceptible to prescription, and that [p]roperty of the State or any of its subdivisions not patrimonial in character

shall not be the object of prescription.

There are two modes of prescription through which immovables may be acquired under the Civil Code. The first is

ordinary acquisitive prescription, which, under Article 1117, requires possession in good faith and with just title; and,

under Article 1134, is completed through possession of ten (10) years. There is nothing in the Civil Code that bars a

person from acquiring patrimonial property of the State through ordinary acquisitive prescription, nor is there any

apparent reason to impose such a rule. At the same time, there are indispensable requisitesgood faith and just title.

The ascertainment of good faith involves the application of Articles 526, 527, and 528, as well as Article 1127 of the

Civil Code,[45] provisions that more or less speak for themselves.

On the other hand, the concept of just title requires some clarification. Under Article 1129, there is just title for

the purposes of prescription when the adverse claimant came into possession of the property through one of the

modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or

could not transmit any right. Dr. Tolentino explains:

Just title is an act which has for its purpose the transmission of ownership, and which would
have actually transferred ownership if the grantor had been the owner. This vice or defect is the one
cured by prescription. Examples: sale with delivery, exchange, donation, succession, and dacion in
payment.[46]

The OSG submits that the requirement of just title necessarily precludes the applicability of ordinary acquisitive

prescription to patrimonial property. The major premise for the argument is that the State, as the owner and grantor,

could not transmit ownership to the possessor before the completion of the required period of possession. [47] It is

evident that the OSG erred when it assumed that the grantor referred to in Article 1129 is the State. The grantor is the

one from whom the person invoking ordinary acquisitive prescription derived the title, whether by sale, exchange,

donation, succession or any other mode of the acquisition of ownership or other real rights.

Earlier, we made it clear that, whether under ordinary prescription or extraordinary prescription, the period of

possession preceding the classification of public dominion lands as patrimonial cannot be counted for the purpose of

computing prescription. But after the property has been become patrimonial, the period of prescription begins to run in

favor of the possessor. Once the requisite period has been completed, two legal events ensue: (1) the patrimonial

property is ipso jure converted into private land; and (2) the person in possession for the periods prescribed under the

Civil Code acquires ownership of the property by operation of the Civil Code.

It is evident that once the possessor automatically becomes the owner of the converted patrimonial property,

the ideal next step is the registration of the property under theTorrens system. It should be remembered that

registration of property is not a mode of acquisition of ownership, but merely a mode of confirmation of ownership. [48]

Looking back at the registration regime prior to the adoption of the Property Registration Decree in 1977, it is

apparent that the registration system then did not fully accommodate the acquisition of ownership of patrimonial

property under the Civil Code. What the system accommodated was the confirmation of imperfect title brought about

by the completion of a period of possession ordained under the Public Land Act (either 30 years following Rep. Act No.

1942, or since 12 June 1945 following P.D. No. 1073).

The Land Registration Act[49] was noticeably silent on the requisites for alienable public lands acquired through

ordinary prescription under the Civil Code, though it arguably did not preclude such registration. [50] Still, the gap was

lamentable, considering that the Civil Code, by itself, establishes ownership over the patrimonial property of persons

who have completed the prescriptive periods ordained therein. The gap was finally closed with the adoption of the

Property Registration Decree in 1977, with Section 14(2) thereof expressly authorizing original registration in favor of

persons who have acquired ownership over private lands by prescription under the provisions of existing laws, that is,

the Civil Code as of now.

V.

We synthesize the doctrines laid down in this case, as follows:

(1) In connection with Section 14(1) of the Property Registration Decree, Section 48(b) of the Public Land Act

recognizes and confirms that those who by themselves or through their predecessors in interest have been in open,

continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public

domain, under a bona fide claim of acquisition of ownership, since June 12, 1945 have acquired ownership of, and

registrable title to, such lands based on the length and quality of their possession.

(a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the

lands should have been alienable and disposable during the entire period of possession, the possessor is

entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable,

subject to the timeframe imposed by Section 47 of the Public Land Act. [51]

(b) The right to register granted under Section 48(b) of the Public Land Act is further confirmed by

Section 14(1) of the Property Registration Decree.

(2) In complying with Section 14(2) of the Property Registration Decree, consider that under the Civil Code,

prescription is recognized as a mode of acquiring ownership of patrimonial property. However, public domain lands

become only patrimonial property not only with a declaration that these are alienable or disposable. There must also

be an express government manifestation that the property is already patrimonial or no longer retained for public

service or the development of national wealth, under Article 422 of the Civil Code. And only when the property has

become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run.

(a) Patrimonial property is private property of the government. The person acquires ownership of

patrimonial property by prescription under the Civil Code is entitled to secure registration thereof under

Section 14(2) of the Property Registration Decree.

(b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary

and other extraordinary. Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial

property through possession for at least ten (10) years, in good faith and with just title. Under extraordinary

acquisitive prescription, a persons uninterrupted adverse possession of patrimonial property for at least thirty

(30) years, regardless of good faith or just title, ripens into ownership.

B.

We now apply the above-stated doctrines to the case at bar.

It is clear that the evidence of petitioners is insufficient to establish that Malabanan has acquired ownership over the

subject property under Section 48(b) of the Public Land Act. There is no substantive evidence to establish that

Malabanan or petitioners as his predecessors-in-interest have been in possession of the property since 12 June 1945 or

earlier. The earliest that petitioners can date back their possession, according to their own evidencethe Tax

Declarations they presented in particularis to the year 1948. Thus, they cannot avail themselves of registration under

Section 14(1) of the Property Registration Decree.

Neither can petitioners properly invoke Section 14(2) as basis for registration. While the subject property was declared

as alienable or disposable in 1982, there is no competent evidence that is no longer intended for public use service or

for the development of the national evidence, conformably with Article 422 of the Civil Code. The classification of the

subject property as alienable and disposable land of the public domain does not change its status as property of the

public dominion under Article 420(2) of the Civil Code.Thus, it is insusceptible to acquisition by prescription.

VI.

A final word. The Court is comfortable with the correctness of the legal doctrines established in this decision.

Nonetheless, discomfiture over the implications of todays ruling cannot be discounted. For, every untitled property that

is occupied in the country will be affected by this ruling. The social implications cannot be dismissed lightly, and the

Court would be abdicating its social responsibility to the Filipino people if we simply levied the law without comment.

The informal settlement of public lands, whether declared alienable or not, is a phenomenon tied to long-standing

habit and cultural acquiescence, and is common among the so-called Third World countries. This paradigm powerfully

evokes the disconnect between a legal system and the reality on the ground. The law so far has been unable to bridge

that gap. Alternative means of acquisition of these public domain lands, such as through homestead or free patent,

have

proven unattractive due to limitations imposed on the grantee in the encumbrance or alienation of said properties.

[52]

Judicial confirmation of imperfect title has emerged as the most viable, if not the most attractive means to

regularize the informal settlement of alienable or disposable lands of the public domain, yet even that system, as

revealed in this decision, has considerable limits.

There are millions upon millions of Filipinos who have individually or exclusively held residential lands on which they

have lived and raised their families. Many more have tilled and made productive idle lands of the State with their

hands. They have been regarded for generation by their families and their communities as common law owners. There

is much to be said about the virtues of according them legitimate states. Yet such virtues are not for the Court to

translate into positive law, as the law itself considered such lands as property of the public dominion. It could only be

up to Congress to set forth a new phase of land reform to sensibly regularize and formalize the settlement of such

lands which in legal theory are lands of the public domain before the problem becomes insoluble. This could be

accomplished, to cite two examples, by liberalizing the standards for judicial confirmation of imperfect title, or

amending the Civil Code itself to ease the requisites for the conversion of public dominion property into patrimonial.

Ones sense of security over land rights infuses into every aspect of well-being not only of that individual, but

also to the persons family. Once that sense of security is deprived, life and livelihood are put on stasis. It is for the

political branches to bring welcome closure to the long pestering problem.

WHEREFORE, the Petition is DENIED. The Decision of the Court of Appeals dated 23 February 2007 and Resolution

dated 2 October 2007 are AFFIRMED. No pronouncement as to costs.

SO ORDERED.

HEIRS OF MARIO MALABANAN, (Represented by Sally A. Malabanan), Petitioners, vs. REPUBLIC OF THE
PHILIPPINES, Respondent.
G.R. No. 179987 April 29, 2009
The petition, while unremarkable as to the facts, was accepted by the Court en banc in order to provide definitive
clarity to the applicability and scope of original registration proceedings under Sections 14(1) and 14(2) of the Property
Registration Decree

(PD No. 1529)

FACTS:
On 20 February 1998, Mario Malabanan filed an application for land registration covering a parcel of land identified as
Lot9864-A, Cad-452-D, Silang Cadastre, situated in Silang Cavite. Malabanan claimed that he had purchased the
property from Eduardo Velazco, and that he and his predecessors-in-interest had been in open, notorious, and
continuous adverse and peaceful possession of the land for more than thirty (30) years. Malabanan and
Aristedes Velazco, testified at the hearing. Velazco testified that the property was originally belonged to a 22 hectare
property owned by his great-grandfather, Lino Velazco.
The Republic of the Philippines likewise did not present any evidence to controvert the application.
Malabanan presented evidence during trial a Certification dated 11 June 2001, issued by the CENRO-DENR, which
stated that the subject property was verified to be within the Alienable or Disposable land per Land Classification
Map No. 3013 established under Project No. 20-A and approved as such under FAO 4-1656 on March 15, 1982.
On 3 December 2002, the RTC rendered judgment in favor of Malabanan. The Republic appealed to the Court of
Appeals. CA reversed the decision and dismissed the application of Malabanan. Malabanan died while the case was
pending with the CA; it was his heirs who appealed the decision of the appellate court.
ISSUE:
Whether or not Malabanan has acquired ownership over the subject property under Section 48(b) of the Public Land
Act.
HELD:
No. Evidence of petitioners is insufficient to establish that Malabanan has acquired ownership over the subject
property under Section 48(b) of the Public Land Act. There is no substantive evidence to establish that
Malabanan or petitioners as his predecessors-in-interest have been in possession of the property since
12 June 1945 or earlier.
Neither can petitioners properly invoke Section 14(2) as basis for registration. While the subject property was declared
as alienable or disposable in 1982, there is no competent evidence that is no longer intended for public use service or
for the development of the national evidence, conformably with Article 422 of the Civil Code. The classification of the
subject property as alienable and disposable land of the public domain does not change its status as property of the
public dominion under Article 420(2) of the Civil Code. Thus, it is insusceptible to acquisition by prescription.
DOCTRINES:
Commonwealth Act No. 141 (Public Land Act) governed the classification and disposition of lands of the public domain.
The President is authorized, from time to time, to classify the lands of the public domain into alienable and disposable,
timber, or mineral lands. Alienable and disposable lands of the public domain are further classified according to their
uses into (a) agricultural; (b) residential, commercial, industrial, or for similar productive purposes; (c) educational,
charitable, or other similar purposes; or (d) reservations for town sites and for public and quasi-public uses.
Section 11 of the Public Land Act acknowledges that public lands suitable for agricultural purposes may be disposed of
by confirmation of imperfect or incomplete titles through judicial legalization.
Section 48(b) of the Public Land Act, as amended by P.D. No. 1073, supplies the details and unmistakably grants that
right, subject to the requisites stated therein:
Sec. 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own
any such land or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of
First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate
of title therefor, under the Land Registration Act, to wit:

(b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive,
and notorious possession and occupation of alienable and disposable lands of the public domain, under a
bona fide claim of acquisition of ownership, since June 12, 1945, or earlier, immediately preceding the
filing of the application for confirmation of title except when prevented by war or force majeure. These shall be
conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a
certificate of title under the provisions of this chapter.
Two significant amendments were introduced by P.D. No. 1073. First, the term agricultural lands was changed to
alienable and disposable lands of the public domain.
Under Section 9 of the Public Land Act, agricultural lands are a mere subset of lands of the public domain alienable
or open to disposition. Evidently, alienable and disposable lands of the public domain are a larger class than
only agricultural lands.
Second, the length of the requisite possession was changed from possession for thirty (30) years immediately
preceding the filing of the application to possession since June 12, 1945 or earlier.
It bears further observation that Section 48(b) of Com. Act No, 141 is virtually the same as Section 14(1) of the
Property Registration Decree.
SECTION 14. Who may apply. The following persons may file in the proper Court of First Instance an application for
registration of title to land, whether personally or through their duly authorized representatives:
(1) those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of
ownership since June 12, 1945, or earlier.
Notwithstanding the passage of the Property Registration Decree and the inclusion of Section 14(1) therein, the Public
Land Act has remained in effect.
Both laws commonly refer to persons or their predecessors-in-interest who have been in open, continuous, exclusive
and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide
claim of ownership since June 12, 1945, or earlier.
The opening clauses of Section 48 of the Public Land Act and Section 14 of the Property Registration Decree warrant
comparison:
Sec. 48 [of the Public Land Act]. The following described citizens of the Philippines, occupying lands of the public
domain or claiming to own any such land or an interest therein, but whose titles have not been perfected or
completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their
claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:
xxx
Sec. 14 [of the Property Registration Decree]. Who may apply. The following persons may file in the proper Court of
First Instance an application for registration of title to land, whether personally or through their duly authorized
representatives:
It is indeed the Public Land Act that primarily establishes the substantive ownership of the possessor who has
been in possession of the property since 12 June 1945.
Section 14(a) of the Property Registration Decree recognizes the substantive right granted under Section
48(b) of the Public Land Act, as well provides the corresponding original registration procedure for the judicial
confirmation of an imperfect or incomplete title.
There is another limitation to the right granted under Section 48(b). Section 47 of the Public Land Act (amended by
Rep. Act No. 9176 in 2002) limits the period within which one may exercise the right to seek registration under
Section 48.
Section 47. The persons specified in the next following section are hereby granted time, not to extend beyond
December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply
only where the area applied for does not exceed twelve (12) hectares: Provided, further, That the several periods of
time designated by the President in accordance with Section Forty-Five of this Act shall apply also to the lands
comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any said persons
from acting under this Chapter at any time prior to the period fixed by the President.
The substantive right granted under Section 48(b) may be availed of only until 31 December 2020. The OSG has
adopted the position that for one to acquire the right to seek registration of an alienable and disposable land of the
public domain, it is not enough that the applicant and his/her predecessors-in-interest be in possession under a bona
fide claim of ownership since 12 June 1945; the alienable and disposable character of the property must have
been declared also as of 12 June 1945.
Following the OSGs approach, all lands certified as alienable and disposable after 12 June 1945 cannot be registered
either under Section 14(1) of the Property Registration Decree or Section 48(b) of the Public Land Act as amended.

Discussed in Naguit. adopting the OSGs view, that all lands of the public domain which were not declared alienable
or disposable before June 12, 1945 would not be susceptible to original registration, no matter the length of
unchallenged possession by the occupant. Such interpretation renders paragraph (1) of Section 14 virtually inoperative
and even precludes the government from giving it effect even as it decides to reclassify public agricultural lands as
alienable and disposable. The unreasonableness of the situation would even be aggravated considering that before
June 12, 1945, the Philippines was not yet even considered an independent state.
[T]he more reasonable interpretation of Section 14(1) is that it merely requires the property sought to be
registered as already alienable and disposable at the time the application for registration of title is filed.
Petitioners make the salient observation that the contradictory passages from Herbieto are obiter dicta since the land
registration proceedings therein is void ab initio in the first place due to lack of the requisite publication of the notice
of initial hearing.
The application therein was ultimately granted, citing Section 14(2).
The evidence submitted by petitioners therein did not establish any mode of possession on their part prior to
1948, thereby precluding the application of Section 14(1). It is not even apparent from the decision whether
petitioners therein had claimed entitlement to original registration following Section 14(1), their position being that
they had been in exclusive possession under a bona fide claim of ownership for over fifty (50) years, but not before 12
June 1945.
The Court in Naguit offered the following discussion concerning Section 14(2)
Prescription is one of the modes of acquiring ownership under the Civil Code. There is a consistent jurisprudential rule
that properties classified as alienable public land may be converted into private property by reason of open,
continuous and exclusive possession of at least thirty (30) years.[[31]] With such conversion, such property may now
fall within the contemplation of private lands under Section 14(2), and thus susceptible to registration by those who
have acquired ownership through prescription. Thus, even if possession of the alienable public land commenced on a
date later than June 12, 1945, and such possession being been open, continuous and exclusive, then the possessor
may have the right to register the land by virtue of Section 14(2) of the Property Registration Decree.
The obiter in Naguit cited the Civil Code provisions on prescription as the possible basis for application for original
registration under Section 14(2). Specifically, it is Article 1113 which provides legal foundation for the application. It
reads:
All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property
of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription.
The critical qualification under Article 1113 of the Civil Code is thus: [p]roperty of the State or any of its
subdivisions not patrimonial in character shall not be the object of prescription. The identification what consists of
patrimonial property is provided by Articles 420 and 421
Art. 420. The following things are property of public dominion:
(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State,
banks, shores, roadsteads, and others of similar character;
(2) Those which belong to the State, without being for public use, and are intended for some public service or for the
development of the national wealth.
Art. 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial
property
It is clear that property of public dominion, which generally includes property belonging to the State,
cannot be the object of prescription
Lands of the public domain, whether declared alienable and disposable or not, are property of public
dominion and thus insusceptible to acquisition by prescription.
Article 422 of the Civil Code states that [p]roperty of public dominion, when no longer intended for public use or for
public service, shall form part of the patrimonial property of the State.
Accordingly, there must be an express declaration by the State that the public dominion property is no
longer intended for public service or the development of the national wealth or that the property has
been converted into patrimonial.
Should public domain lands become patrimonial because they are declared as such in a duly enacted law or duly
promulgated proclamation that they are no longer intended for public service or for the development of the national
wealth, would the period of possession prior to the conversion of such public dominion into patrimonial be
reckoned in counting the prescriptive period in favor of the possessors? - We rule in the negative.
As the application for registration under Section 14(2) falls wholly within the framework of prescription under the Civil
Code, there is no way that possession during the time that the land was still classified as public dominion property can
be counted to meet the requisites of acquisitive prescription and justify registration.

Section 14(1) mandates registration on the basis of possession, while Section 14(2) entitles registration
on the basis of prescription. Registration under Section 14(1) is extended under the aegis of the Property
Registration Decree and the Public Land Act while registration under Section 14(2) is made available
both by the Property Registration Decree and the Civil Code.
Registration under Section 48(b) of the Public Land Act as amended by Rep. Act No. 1472 is based on
thirty years of possession alone without regard to the Civil Code, while the registration under Section
14(2) of the Property Registration Decree is founded on extraordinary prescription under the Civil Code.
Whether under ordinary prescription or extraordinary prescription, the period of possession preceding the classification
of public dominion lands as patrimonial cannot be counted for the purpose of computing prescription. But after the
property has been become patrimonial, the period of prescription begins to run in favor of the possessor.
Once the possessor automatically becomes the owner of the converted patrimonial property, the ideal next step is the
registration of the property under the Torrens system. It should be remembered that registration of property is not a
mode of acquisition of ownership, but merely a mode of confirmation of ownership.
(1) In connection with Section 14(1) of the Property Registration Decree, Section 48(b) of the Public Land Act
recognizes and confirms that those who by themselves or through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public
domain, under a bona fide claim of acquisition of ownership, since June 12, 1945 have acquired ownership of, and
registrable title to, such lands based on the length and quality of their possession.
(a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands
should have been alienable and disposable during the entire period of possession, the possessor is entitled
to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the
timeframe imposed by Section 47 of the Public Land Act.
(b) The right to register granted under Section 48(b) of the Public Land Act is further confirmed by Section 14(1) of
the Property Registration Decree.
(2) In complying with Section 14(2) of the Property Registration Decree, consider that under the Civil Code,
prescription is recognized as a mode of acquiring ownership of patrimonial property. However, public domain lands
become only patrimonial property not only with a declaration that these are alienable or disposable. There must also
be an express government manifestation that the property is already patrimonial or no longer retained for public
service or the development of national wealth, under Article 422 of the Civil Code. And only when the property has
become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run.
(a) Patrimonial property is private property of the government. The person acquires ownership of patrimonial property
by prescription under the Civil Code is entitled to secure registration thereof under Section 14(2) of the Property
Registration Decree.
(b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary and other
extraordinary. Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial property through
possession for at least ten (10) years, in good faith and with just title. Under extraordinary acquisitive prescription, a
persons uninterrupted adverse possession of patrimonial property for at least thirty (30) years, regardless of good
faith or just title, ripens into ownership.

THIRD DIVISION

OFFICE OF THE CITY MAYOR OF PARAAQUE

CITY, OFFICE OF THE CITY ADMINISTRATOR OF
PARAAQUE CITY, OFFICE OF THE CITY
ENGINEER OF PARAAQUE CITY, OFFICE OF THE
CITY
PLANNING
AND
DEVELOPMENT
COORDINATOR, OFFICE OF THE BARANGAY
CAPTAIN AND SANGGUNIANG PAMBARANGAY
OF BARANGAY VITALEZ, PARAAQUE CITY,
TERESITA A. GATCHALIAN, ENRICO R.
ESGUERRA, ERNESTO T. PRACALE, JR.,
MANUEL M. ARGOTE, CONRADO M. CANLAS,
JOSEPHINE S. DAUIGOY, ALLAN L. GONZALES,
ESTER C. ASEHAN, MANUEL A. FUENTES, and
MYRNA P. ROSALES,
Petitioners,

G.R. No. 178411

Present:
CARPIO MORALES, J.,
Chairperson,
BRION,
BERSAMIN,
ABAD,* and
VILLARAMA, JR., JJ.

- versus MARIO D. EBIO AND HIS CHILDREN/HEIRS Promulgated:

namely, ARTURO V. EBIO, EDUARDO V. EBIO,
RENATO V. EBIO, LOURDES E. MAGTANGOB, June 23, 2010
MILA V. EBIO, and ARNEL V. EBIO,
Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

DECISION
VILLARAMA, JR., J.:

Before us is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, assailing
the January 31, 2007 Decision[1] and June 8, 2007 Resolution[2] of the Court of Appeals (CA) in CA-G.R. SP No. 91350
allegedly for being contrary to law and jurisprudence. The CA had reversed the Order [3] of the Regional Trial Court (RTC)
of Paraaque City, Branch 196, issued on April 29, 2005 in Civil Case No. 05-0155.

Below are the facts.

Respondents claim that they are the absolute owners of a parcel of land consisting of 406 square meters, more or less,
located at 9781 Vitalez Compound in Barangay Vitalez, Paraaque City and covered by Tax Declaration Nos. 01027 and
01472 in the name of respondent Mario D. Ebio. Said land was an accretion of Cut-cut creek. Respondents assert that
the original occupant and possessor of the said parcel of land was their great grandfather, Jose Vitalez. Sometime in
1930, Jose gave the land to his son, Pedro Vitalez. From then on, Pedro continuously and exclusively occupied and
possessed the said lot. In 1966, after executing an affidavit declaring possession and occupancy, [4] Pedro was able to

obtain a tax declaration over the said property in his name. [5] Since then, respondents have been religiously paying
real property taxes for the said property.[6]

Meanwhile, in 1961, respondent Mario Ebio married Pedros daughter, Zenaida. Upon Pedros advice, the couple
established their home on the said lot. In April 1964 and in October 1971, Mario Ebio secured building permits from the
Paraaque municipal office for the construction of their house within the said compound. [7] On April 21, 1987, Pedro
executed a notarized Transfer of Rights[8] ceding his claim over the entire parcel of land in favor of Mario Ebio.
Subsequently, the tax declarations under Pedros name were cancelled and new ones were issued in Mario Ebios name.
[9]

On March 30, 1999, the Office of the Sangguniang Barangay of Vitalez passed Resolution No. 08, series of
1999[10] seeking assistance from the City Government of Paraaque for the construction of an access road along Cut-cut
Creek located in the said barangay. The proposed road, projected to be eight (8) meters wide and sixty (60) meters
long, will run from Urma Drive to the main road of Vitalez Compound [11] traversing the lot occupied by the respondents.
When the city government advised all the affected residents to vacate the said area, respondents immediately
registered their opposition thereto. As a result, the road project was temporarily suspended. [12]

In January 2003, however, respondents were surprised when several officials from the barangay and the city planning
office proceeded to cut eight (8) coconut trees planted on the said lot. Respondents filed letter-complaints before the
Regional Director of the Bureau of Lands, the Department of Interior and Local Government and the Office of the Vice
Mayor.[13] On June 29, 2003, the Sangguniang Barangay of Vitalez held a meeting to discuss the construction of the
proposed road. In the said meeting, respondents asserted their opposition to the proposed project and their claim of
ownership over the affected property. [14] On November 14, 2003, respondents attended another meeting with officials
from the city government, but no definite agreement was reached by and among the parties. [15]

On March 28, 2005, City Administrator Noli Aldip sent a letter to the respondents ordering them to vacate the area
within the next thirty (30) days, or be physically evicted from the said property. [16] Respondents sent a letter to the
Office of the City Administrator asserting, in sum, their claim over the subject property and expressing intent for a
further dialogue.[17] The request remained unheeded.

Threatened of being evicted, respondents went to the RTC of Paraaque City on April 21, 2005 and applied for a writ of
preliminary injunction against petitioners. [18] In the course of the proceedings, respondents admitted before the trial
court that they have a pending application for the issuance of a sales patent before the Department of Environment
and Natural Resources (DENR).[19]

On April 29, 2005, the RTC issued an Order [20] denying the petition for lack of merit. The trial court reasoned that
respondents were not able to prove successfully that they have an established right to the property since they have not
instituted an action for confirmation of title and their application for sales patent has not yet been granted. Additionally,
they failed to implead the Republic of the Philippines, which is an indispensable party.

Respondents moved for reconsideration, but the same was denied. [21]

Aggrieved, respondents elevated the matter to the Court of Appeals. On January 31, 2007, the Court of Appeals issued
its Decision in favor of the respondents. According to the Court of Appeals-The issue ultimately boils down to the question of ownership of the lands adjoining Cutcut Creek
particularly Road Lot No. 8 (hereinafter RL 8) and the accreted portion beside RL 8.
The evidentiary records of the instant case, shows that RL 8 containing an area of 291 square meters is
owned by Guaranteed Homes, Inc. covered by TCT No. S-62176. The same RL 8 appears to have been
donated by the Guaranteed Homes to the City Government of Paraaque on 22 March 1966 and which
was accepted by the then Mayor FLORENCIO BERNABE on 5 April 1966. There is no evidence however,
when RL 8 has been intended as a road lot.
On the other hand, the evidentiary records reveal that PEDRO VITALEZ possessed the accreted
property since 1930 per his Affidavit dated 21 March 1966 for the purpose of declaring the said
property for taxation purposes. The property then became the subject of Tax Declaration No. 20134
beginning the year 1967 and the real property taxes therefor had been paid for the years 1966, 1967,
1968, 1969, 1970, 1972, 1973, 1974, 1978, 1980, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
2003, and 2004. Sometime in 1964 and 1971, construction permits were issued in favor of Appellant
MARIO EBIO for the subject property. On 21 April 1987, PEDRO VITALEZ transferred his rights in the
accreted property to MARIO EBIO and his successors-in-interest.

Applying [Article 457 of the Civil Code considering] the foregoing documentary evidence, it could be
concluded that Guaranteed Homes is the owner of the accreted property considering its ownership of
the adjoining RL 8 to which the accretion attached. However, this is without the application of the
provisions of the Civil Code on acquisitive prescription which is likewise applicable in the instant case.
xxxx
The subject of acquisitive prescription in the instant case is the accreted portion which [was] duly
proven by the Appellants. It is clear that since 1930, Appellants together with their predecessor-ininterest, PEDRO VITALEZ[,] have been in exclusive possession of the subject property and starting
1964 had introduced improvements thereon as evidenced by their construction permits. Thus, even by
extraordinary acquisitive prescription[,] Appellants have acquired ownership of the property in
question since 1930 even if the adjoining RL 8 was subsequently registered in the name of Guaranteed
Homes. x x x.
xxxx
Further, it was only in 1978 that Guaranteed Homes was able to have RL 8 registered in its name,
which is almost fifty years from the time PEDRO VITALEZ occupied the adjoining accreted property in
1930. x x x.
xxxx
We likewise note the continuous payment of real property taxes of Appellants which bolster their right
over the subject property. x x x.
xxxx
In sum, We are fully convinced and so hold that the Appellants [have] amply proven their right over the
property in question.
WHEREFORE, premises considered, the instant appeal is hereby GRANTED. The challenged Order of
the court a quo is REVERSED and SET ASIDE.
SO ORDERED.[22]

On June 8, 2007, the appellate court denied petitioners motion for reconsideration. Hence, this petition raising the
following assignment of errors:
I.
WHETHER OR NOT THE DECISION AND RESOLUTION OF THE HONORABLE COURT OF APPEALS
THAT RESPONDENTS HAVE A RIGHT IN ESSE IS IN ACCORD WITH THE LAW AND ESTABLISHED
JURISPRUDENCE[;]
II.

WHETHER OR NOT THE DECISION AND RESOLUTION OF THE HONORABLE COURT OF APPEALS
THAT THE SUBJECT LOT IS AVAILABLE FOR ACQUISITIVE PRESCRIPTION IS IN ACCORD WITH THE
LAW AND ESTABLISHED JURISPRUDENCE[;] AND

III. WHETHER OR NOT THE STATE IS AN INDISPENSABLE PARTY TO THE COMPLAINT FILED BY
RESPONDENTS IN THE LOWER COURT.[23]

The issues may be narrowed down into two (2): procedurally, whether the State is an indispensable party to
respondents action for prohibitory injunction; and substantively, whether the character of respondents possession and
occupation of the subject property entitles them to avail of the relief of prohibitory injunction.

The petition is without merit.

An action for injunction is brought specifically to restrain or command the performance of an act. [24] It is distinct from
the ancillary remedy of preliminary injunction, which cannot exist except only as part or as an incident to an
independent action or proceeding. Moreover, in an action for injunction, the auxiliary remedy of a preliminary
prohibitory or mandatory injunction may issue.[25]

In the case at bar, respondents filed an action for injunction to prevent the local government of Paraaque City from
proceeding with the construction of an access road that will traverse through a parcel of land which they claim is
owned by them by virtue of acquisitive prescription.

Petitioners, however, argue that since the creek, being a tributary of the river, is classified as part of the public
domain, any land that may have formed along its banks through time should also be considered as part of the public
domain. And respondents should have included the State as it is an indispensable party to the action.

We do not agree.

It is an uncontested fact that the subject land was formed from the alluvial deposits that have gradually settled along
the banks of Cut-cut creek. This being the case, the law that governs ownership over the accreted portion is Article 84
of the Spanish Law of Waters of 1866, which remains in effect,[26] in relation to Article 457 of the Civil Code.

Article 84 of the Spanish Law of Waters of 1866 specifically covers ownership over alluvial deposits along the banks of
a creek. It reads:
ART. 84. Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, and lakes, by
accessions or sediments from the waters thereof, belong to the owners of such lands. [27]

Interestingly, Article 457 of the Civil Code states:

Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually
receive from the effects of the current of the waters.

It is therefore explicit from the foregoing provisions that alluvial deposits along the banks of a creek do not form part of
the public domain as the alluvial property automatically belongs to the owner of the estate to which it may have been
added. The only restriction provided for by law is that the owner of the adjoining property must register the same
under the Torrens system; otherwise, the alluvial property may be subject to acquisition through prescription by third
persons.[28]

In contrast, properties of public dominion cannot be acquired by prescription. No matter how long the possession of
the properties has been, there can be no prescription against the State regarding property of public domain. [29] Even a
city or municipality cannot acquire them by prescription as against the State. [30]

Hence, while it is true that a creek is a property of public dominion, [31] the land which is formed by the gradual and
imperceptible accumulation of sediments along its banks does not form part of the public domain by clear provision of
law.

Moreover, an indispensable party is one whose interest in the controversy is such that a final decree would necessarily
affect his/her right, so that the court cannot proceed without their presence. [32] In contrast, a necessary party is one
whose presence in the proceedings is necessary to adjudicate the whole controversy but whose interest is separable
such that a final decree can be made in their absence without affecting them. [33]

In the instant case, the action for prohibition seeks to enjoin the city government of Paraaque from proceeding with its
implementation of the road construction project. The State is neither a necessary nor an indispensable party to an
action where no positive act shall be required from it or where no obligation shall be imposed upon it, such as in the
case at bar. Neither would it be an indispensable party if none of its properties shall be divested nor any of its rights
infringed.

We also find that the character of possession and ownership by the respondents over the contested land entitles them
to the avails of the action.

A right in esse means a clear and unmistakable right. [34] A party seeking to avail of an injunctive relief must prove that
he or she possesses a right in esse or one that is actual or existing.[35] It should not be contingent, abstract, or future
rights, or one which may never arise.[36]

In the case at bar, respondents assert that their predecessor-in-interest, Pedro Vitalez, had occupied and possessed
the subject lot as early as 1930. In 1964, respondent Mario Ebio secured a permit from the local government of
Paraaque for the construction of their family dwelling on the said lot. In 1966, Pedro executed an affidavit of
possession and occupancy allowing him to declare the property in his name for taxation purposes. Curiously, it was
also in 1966 when Guaranteed Homes, Inc., the registered owner of Road Lot No. 8 (RL 8) which adjoins the land
occupied by the respondents, donated RL 8 to the local government of Paraaque.

From these findings of fact by both the trial court and the Court of Appeals, only one conclusion can be made: that for
more than thirty (30) years, neither Guaranteed Homes, Inc. nor the local government of Paraaque in its corporate or
private capacity sought to register the accreted portion. Undoubtedly, respondents are deemed to have acquired
ownership over the subject property through prescription. Respondents can assert such right despite the fact that they
have yet to register their title over the said lot. It must be remembered that the purpose of land registration is not the
acquisition of lands, but only the registration of title which the applicant already possessed over the land. Registration
was never intended as a means of acquiring ownership. [37] A decree of registration merely confirms, but does not
confer, ownership.[38]

Did the filing of a sales patent application by the respondents, which remains pending before the DENR, estop them
from filing an injunction suit?

We answer in the negative.

Confirmation of an imperfect title over a parcel of land may be done either through judicial proceedings or through
administrative process. In the instant case, respondents admitted that they opted to confirm their title over the
property administratively by filing an application for sales patent.

Respondents application for sales patent, however, should not be used to prejudice or derogate what may be deemed
as their vested right over the subject property. The sales patent application should instead be considered as a mere
superfluity particularly since ownership over the land, which they seek to buy from the State, is already vested upon
them by virtue of acquisitive prescription. Moreover, the State does not have any authority to convey a property
through the issuance of a grant or a patent if the land is no longer a public land.[39]

Nemo dat quod dat non habet. No one can give what he does not have. Such principle is equally applicable even
against a sovereign entity that is the State.

WHEREFORE, the petition is DENIED for lack of merit. The January 31, 2007 Decision, as well as the July 8, 2007
Resolution, of the Court of Appeals in CA-G.R. SP No. 91350 are hereby AFFIRMED.

With costs against petitioners.

SO ORDERED.

OFFICE OF THE CITY MAYOR OF PARAAQUE CITY v. MARIO D. EBIO AND HIS CHILDREN/HEIRS
G.R. No. 178411 June 23, 2010

FACTS:
Respondents claim to be absolute owners of a 406 sqm. parcel of land in Paraaque City covered by Tax in the
name of respondent Mario D. Ebio. Said land was an accretion of Cut-cut creek.
Respondents assert that the original occupant and possessor land was their great grandfather, Jose Vitalez,
which was given to his son, Pedro Valdez, in 1930. From then on, Pedro continuously and exclusively occupied and
possessed the said lot. In 1966, after executing an affidavit declaring possession and occupancy. He also paid taxes for
the land.
Meanwhile, in 1961, respondent Mario Ebio married Pedros daughter, Zenaida. In April 1964 and in October
1971, Mario Ebio secured building permits from the Paraaque municipal office for the construction of their house
within the land. On April 21, 1987, Pedro transferred his rights over the land in favor of Ebio.
On March 30, 1999, the Office of the Sangguniang Barangay of Vitalez passed Resolution No. 08, series of 1990
seeking assistance from the City Government of Paraaque for the construction of an access road along Cut-cut Creek
located in the said barangay. The proposed road will run from Urma Drive to the main road of Vitalez Compound
traversing the lot occupied by the respondents. Respondents immediately opposed and the project was suspended.
In January 2003, however, respondents were surprised when several officials from the barangay and the city
planning office proceeded to cut eight (8) coconut trees planted on the said lot.

On March 28, 2005, the City Administrator sent a letter to the respondents ordering them to vacate the area
within the next thirty (30) days, or be physically evicted from the said property. Respondents sent a reply, asserting
their claim over the subject property and expressing intent for a further dialogue. The request remained unheeded.

Threatened of being evicted, respondents went to the RTC of Paraaque City on April 21, 2005 and applied for a
writ of preliminary injunction against petitioners.

ISSUE:

Whether or not the State may build on the land in question.

HELD:

No.

It is an uncontested fact that the subject land was formed from the alluvial deposits that have gradually settled
along the banks of Cut-cut creek. This being the case, the law that governs ownership over the accreted portion is
Article 84 of the Spanish Law of Waters of 1866, which remains in effect, in relation to Article 457 of the Civil Code.

ART. 84. Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, and lakes, by
accessions or sediments from the waters thereof, belong to the owners of such lands.
Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually
receive from the effects of the current of the waters.

It is therefore explicit from the foregoing provisions that alluvial deposits along the banks of a creek do not form
part of the public domain as the alluvial property automatically belongs to the owner of the estate to which it may
have been added. The only restriction provided for by law is that the owner of the adjoining property must register the
same under the Torrens system; otherwise, the alluvial property may be subject to acquisition through prescription by
third persons.

In contrast, properties of public dominion cannot be acquired by prescription. No matter how long the possession of
the properties has been, there can be no prescription against the State regarding property of public domain. Even a
city or municipality cannot acquire them by prescription as against the State.

Hence, while it is true that a creek is a property of public dominion, the land which is formed by the gradual and
imperceptible accumulation of sediments along its banks does not form part of the public domain by clear provision of
law.

THIRD DIVISION

REPUBLIC OF THE PHILIPPINES,

G.R. No. 174633

Petitioner,

Present:

YNARES-SANTIAGO, J.,Chairperson,
AUSTRIA-MARTINEZ,
- versus -

CHICO-NAZARIO,
REYES, and
BRION,* JJ.

Promulgated:
GREGORIA L. DILOY,
August 26, 2008
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

DECISION

CHICO-NAZARIO, J.:

Before this Court is a Petition for Review on Certiorari under Rule 45 of the 1997 Revised Rules of Civil
Procedure seeking to set aside the Decision [1] dated 7 February 2006 and Resolution[2] dated 30 August 2006 of the

Court of Appeals in CA-G.R. CV No. 75028. The Court of Appeals Decision denied the appeal filed before it by the
Republic of the Philippines (Republic) and affirmed the Decision [3] of the 2nd Municipal Circuit Trial Court (MCTC) of
Silang-Amadeo, Silang, Cavite, dated 5 May 1999 in LRC Case No. 97-063, granting the application for registration of
title filed before it by the herein respondent Gregoria L. Diloy over a parcel of land located in Barangay Dagatan,
Municipality of Amadeo, Province of Cavite, covering an area of 22,249 square meters. The Resolution denied the
Motion for Reconsideration filed by the Republic.

The antecedent facts of this case are as follows:

As early as 1948, Crispin Leaban had already declared the subject property for taxation purposes under his
name, as evidenced by Tax Declaration (T.D.) No. 2708. [4] He was then succeeded by his son, Eusebio Leaban, who filed
the following T.D. Nos.[5] 4501, 3710 and 2855 in his name from the period covering the years 1951-1969. Thereafter,
in 1974, the subject property was transferred to Eusebio Leabans daughter, Pacencia Leaban, who, in turn, declared
the same for taxation purposes under her name. It was evidenced by T.D. Nos. 8672, 7282 and 6231. [6] On 15 June
1979, the subject property was then conveyed by Pacencia Leaban to her daughter, herein respondent Gregoria L.
Diloy, by virtue of a Deed of Absolute Sale.[7]

In 1997, respondent Gregoria L. Diloy, now married to Joselito C. Espiritu, filed an Application [8] for Registration
of Title over the subject property under Section 14 of Presidential Decree No. 1529 [9] before the 2nd MCTC of SilangAmadeo, Silang, Cavite. The subject property was particularly described as Lot No. 2280, Cad-482-D, Amadeo
Cadastre, Ap-04-010073, with an area of 22,249 square meters located in Barangay Dagatan, Amadeo, Cavite.

To establish the jurisdictional requirements required by the aforesaid law, the respondent submitted and
marked the following documents, to wit: (1) Application for Registration as Exhibits A; A-1 to A-4;[10] (2) Notice of
Initial Hearing dated 17 July 1997 as Exhibits B and B-1; [11] (3) Certificate of Publication[12] by the Land
Registration Authority (LRA) as Exhibit C and Certificate of Notification[13] by the LRA as Exhibit C-1; (4) Certificate
of Publication issued by the National Printing Office (NPO) as Exhibit D[14] and a copy of the Official Gazette
(O.G.), Volume 93, No. 39, 29 September 1997 [15] as Exhibits D-1 to D-3; (5) Affidavit of Publication[16]issued by
the We Forum newspaper[17] as Exhibits E, E-1 and E-1-A; (6) Registry Receipts sent to the government agencies
concerned as well as to the adjoining owners as Exhibits F, F-1 to F-16, inclusive; and (7) Certificate of
Posting[18] as Exhibit G.

Since the Public Prosecutor did not interpose any objection, the court a quo admitted the aforementioned
Exhibits.[19]

The Office of the Solicitor General (OSG), however, on behalf of the Republic, filed an Opposition [20] to the
aforesaid Application for Registration of Title. It filed a Notice of Appearance, [21] but in a letter[22] dated 18 November
1997, deputized the Provincial Prosecutor of Silang, Cavite, to represent its interest therein.

During the hearing of the Application for Registration of Title, respondent presented her father, Rustico Diloy,
and Armando Ramos as witnesses to strengthen her claim that her predecessors-in-interest had been in actual,
continuous, open, notorious and adverse possession of the subject property.

Rustico Diloy testified that the first time he came to know of the subject property was in 1952 when he was
twenty years old, because he used to work on the said property.When he married Pacencia Leaban, the owner of the
subject property was Eusebio Leaban, the father of Pacencia Leaban. Said property was inherited by his wife from her
father.It then came to the possession of the respondent by virtue of a Deed of Absolute Sale executed between her
and her mother, Pacencia Leaban. According to him, from the time he came to know of the subject property up to the
present, it was continuously declared for taxation purposes. He also affirmed that the subject property has an area of
22,249 square meters, and it is located in Barangay Dagatan, Amadeo, Cavite. He came to know of said information
because he was the one who had it surveyed. The survey of the land was made and approved by the Director of Lands
and reapproved by the Bureau of Lands. The subject property was fenced with barbed wire and shrubs. [23]

To corroborate the testimony of Rustico Diloy, Armando Ramos, 81 years old and presently residing in
Barangay Dagatan, Amadeo, Cavite, stated that he was the owner of the land adjoining the subject property, and that
he knew the previous owners of the same. He disclosed that he knew the subject property even before the Japanese
Occupation because he became the husband of one of the heirs of the owner thereof. Prior to the Japanese
Occupation, he said the owner of the subject property was his father-in-law, Narciso Leaban. Then, in 1948, Crispin
Leaban came into the possession of said land. From Crispin Leaban, he confirmed that the subject property was
inherited by Eusebio Leaban, the son of Crispin Leaban. Eusebio Leaban, in turn, transferred the same to his daughter,
Pacencia Leaban. Then, in 1979, Pacencia Leaban conveyed the subject property to her daughter, the respondent, who
is the present owner of the subject property where she plants coffee. [24]

The MCTC rendered a Decision dated 5 May 1999 in favor of the respondent, thereby granting her application
for registration over the subject property. The dispositive portion reads as follows:

WHEREFORE, this Court hereby APPROVES the Application for Registration filed by [respondent],
married to Joselito C. Espiritu. Thus, Lot 2280, Amadeo Cadastre, Ap-04-010073 is placed under the
operation of Act. 141, Act 495 and/or P.D. 1529, otherwise known as Property Registration Law. Which
property is situated in Barangay Dagatan, Municipality of Amadeo,Cavite, with an area of 22,249
square meters, and the same is covered by an approved Technical Description and Subdivision Plan AP04-010073. These documents form part of the records of the case, in addition to other proofs adduced
by herein [respondent].

Once this Decision becomes final and executory, the corresponding decree of registration shall
forthwith issue.

Furnish a copy of this Decision to the Office of the Solicitor General, the [LRA], the Land Management
Sector, Regional (sic) IV, Manila, the Register of Deeds of Cavite, the [Community Environment and
Natural Resources Office] CENRO, Trece Martires City, Department of Agrarian Reform and the
Department of Public Works and Highways, as well as the party and counsel. [25]

From the aforesaid Decision, the Republic filed a Motion for Reconsideration [26] arguing that the respondent failed to
prove her possession as required under Presidential Decree No. 1529. In an Order[27] dated 27 March 2001, the said
Motion for Reconsideration was denied.

As a result thereof, the Republic appealed the Decision of the MCTC to the Court of Appeals assigning the following
error:

THE TRIAL COURT ERRED IN RULING THAT THE APPLICANT PROVED A REGISTRABLE TITLE TO
THE PROPERTY.[28]

On 7 February 2006, the Court of Appeals denied the appeal of the Republic and affirmed the Decision of the
MCTC granting the application for registration of the subject property.

Aggrieved, the Republic filed a motion for the reconsideration of the aforesaid Decision which was likewise
denied in a Resolution dated 30 August 2006.

Hence, this Petition.

The Republic now comes before this Court with the sole issue of: whether or not the respondent has acquired a
registrable title.[29]

The Republic persistently argues that the respondents Application for Registration of Title should have been
denied because the latter failed to comply with the period of possession required by law, i.e., Section 14 of Presidential
Decree No. 1529.[30] The Republic reveals that the subject property was only declared alienable and disposable on 15
March 1982 per Forestry Administration Office (FAO) No. 4-1650. From 1982 when the property was declared alienable
and disposable to 1997, the respondent had only been in adverse possession of the subject property for a period of 15
years. Thus, there was no compliance with Section 14, Presidential Decree No. 1529 because the subject property was
not yet alienable and disposable on 12 June 1945, and respondents possession lacked the required number of years
(30 years) for her to acquire the same through prescription.Hence, respondent did not acquire an imperfect title, which
may be confirmed through a judicial proceeding.

In her Comment, respondent firmly holds that the MCTC and the Court of Appeals did not commit any error or
grave abuse of discretion in rendering their Decisions granting her Application for Registration of Title over the subject
property. She avows that she has satisfactorily established that she and her predecessors-in-interest have been in
actual, continuous, open, notorious and adverse possession and occupation of an alienable and disposable land under
a bona fide claim of ownership over the subject property for more than 30 years. To prove the same, she tacked her
own possession, commencing on 15 June 1979 up to the time of the filing of her Application for Registration of Title,
onto the prior possession of her predecessors-in-interest of 31 years. Adding these periods, respondents and her
predecessors-in-interest have been in possession of the land for more than 50 years now in the concept of an
owner. Moreover, the realty taxes thereon have been religiously paid, and there is no tax delinquency incurred by
her. The subject property has also been devoted to agriculture, particularly, coffee plantation. Similarly, she presented
her father and one Armando Ramos as witnesses to prove that she, indeed, was able to satisfy the manner and length
of possession required by law so as to grant her Application for Registration of Title over the subject property.

The Petition is meritorious.

Section 14 of the Property Registration Decree speaks of who may apply for registration of land. The said
provisions of law refer to an original registration through ordinary registration proceedings. [31] It specifically provides:

SEC. 14. Who may apply. The following persons may file in the proper Court of First Instance
[now Regional Trial Court] an application for registration of title to land, whether personally or through
their duly authorized representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable
lands of the public domain under a bona fide claim of ownership since June 12, 1945, or
earlier. (Emphasis supplied.)

Based on the aforesaid provisions, the three requisites for the filing of an application for registration
of title under the first category are: (1) that the property in question is alienable and disposable land of
the public domain; (2) that the applicants by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession and occupation; and (3) that such
possession is under a bona fide claim of ownership since 12 June 1945 or earlier.[32] In effect, the period of
possession - open, continuous, exclusive and notorious - must at least be 30 years computed from 12 June 1945 to the
effectivity of Presidential Decree No. 1529 on 11 June 1978.

Section 14(1) of the aforesaid law requires that the property sought to be registered is already alienable
and disposable at the time the application for registration of title is filed.[33]

In the case at bar, it is beyond question that the subject property was already an alienable and disposable land
at the time the Application for Registration of Title over the same was filed by the respondent. The Application for
Registration of Title over the subject property was filed by the respondent in the year 1997 . The Report,
[34]

dated 27 July 1998, submitted by the Director of Lands and the Certification, [35] dated 4 May 1998, issued by the

CENRO, clearly established that the subject property was already within the alienable and disposable zone as
classified under Project No. 5, L.C. Map No. 3013 as early as 15 March 1982 per Forestry Administration
Order No. 4-1650.[36] Even the parties to this case, particularly the OSG, did not refute the fact that at the time the
Application for Registration of Title was filed, the subject property had already been classified as alienable and
disposable land.

Both lower courts upheld that the respondent was able to prove that her possession of the subject property
was open, continuous, exclusive and notorious for more than 30 years. Here we quote the pronouncement made by
the Court of Appeals, thus:

The trial court committed no error in ruling that [respondent] has a registrable title. It is undisputed that
[respondent] came into possession of the subject [property] by means of a [D]eed of [S]ale executed in
her favor by Pacencia Leaban in 1979. Prior to the sale, Pacencia Leaban inherited said property from
her father, Eusebio Leaban, who possessed the same since 1951. Testimonial evidence showed that
Eusebio Leaban devoted the land to agriculture and that shrubs and barbed wire enclosed the subject
property. At the time of filing of the application for registration, the crop found therein is coffee.

x x x. Rustico Diloy testified that he worked on the land under the supervision of Eusebio Leaban
indicating that there were necessary farm works to be done thereon. The owner of the adjoining land
stated that said land is a coffee plantation. There is also showing that the subject land was fenced,
signifying a public and adverse possession thereof. Likewise, [respondent] with the aid of Rustico Diloy,
caused the survey of the subject [property]. These are apparently acts of ownership. x x x.

Together with her predecessors-in-interest, [respondent] was in actual and adverse possession of the subject
land for more than 30 years, thereby satisfying the period required under P.D. 1529.Coupled with the
cultivation or possession is the regular payment of realty taxes on said land since 1948 up to the filing
of the application for registration of title thereto.[37]

While this Court agrees with the lower courts that, indeed, respondents possession of the subject property was
open, continuous, exclusive and notorious, however, we hold that respondent failed to prove that she or her
predecessors-in-interest were already in possession of the subject property under a bona fide claim of
ownership since 12 June 1945 or earlier, which is the reckoning period specifically provided in Section 14(1) of
Presidential Decree No. 1529.

As can be gleaned from the records, respondents possession of the subject property started only in the year
1979 when her mother executed a Deed of Absolute Sale over the same in her favor. There was also no showing that
her predecessors-in-interest had already been in possession or had already exercised acts of ownership over the
subject property since 12 June 1945 or prior thereto, as her predecessors-in-interest declared the subject property for

taxation purposes only in the year 1948. What was clearly established by the respondent was possession of the
subject property by her predecessors-in-interest beginning 1948, which was short of three years from 12 June
1945. What is more telling is that the subject property became alienable and disposable only on 15 March 1982. Prior
to its declaration as alienable land in 1982, any occupation or possession thereof could not be considered in the
counting of the 30-year possession requirement. [38] The period of possession by the respondent of the subject property
cannot be considered to have started in 1979, when the same was conveyed to her by her mother. Neither can her
possession of the subject property be tacked to that of her predecessors-in-interest, even if they had occupied and
were in possession of the same since 1948, because during those periods, the subject property had not yet
been classified as alienable and disposable land capable of private appropriation. Possession of the subject
property could only start to ripen into ownership on 15 March 1982, when the same became alienable and
disposable. Any period of possession prior to the date when the subject lot was classified as alienable and
disposable is inconsequential and should be excluded from the computation of the period of possession; such
possession can never ripen into ownership and, unless the land has been classified as alienable and
disposable, the rules on the confirmation of imperfect title shall not apply thereto.[39] The adverse
possession which may be the basis of a grant of title or confirmation of an imperfect title refers only to
alienable or disposable portions of the public domain. There can be no imperfect title to be confirmed
over lands not yet classified as disposable or alienable. In the absence of such classification, the land remains
unclassified public land until released therefrom and open to disposition. [40] Possession of the land by the respondent
under the circumstances, whether spanning decades or centuries, can never ripen into ownership. [41]

From 1982 up to 1997, the year the respondent filed an Application for Registration of Title over the subject
property, the respondent was in possession of the same for only 15 years, which was short of another 15 years from

the 30-year-period possession requirement. Thus, this Court is constrained to abide by the Latin maxim Dura lex sed
lex.[42]

WHEREFORE, premises considered, the instant Petition is hereby GRANTED. The Decision and Resolution of
the Court of Appeals dated 7 February 2006 and 30 August 2006, respectively affirming the Decision of the MCTC
dated 5 May 1999, which granted the respondents Application for Registration of Title over the subject property, are
hereby REVERSED and SET ASIDE. The respondents Application for Registration of Title over the subject property is
hereby DENIED.

SO ORDERED.

Republic vs Diloy (August 26, 2008)

FACTS:
As early as 1948, Crispin Leaban had already declared the subject property for t
axation purposes under his name, as evidenced by Tax Declaration (T.D.) No. 2708
. He was then succeeded by his son, Eusebio Leaban, who filed the following T.D.
Nos.5 4501, 3710 and 2855 in his name from the period covering the years 1951-1
969. Thereafter, in 1974, the subject property was transferred to Eusebio Leaban
's daughter, Pacencia Leaban, who, in turn, declared the same for taxation purpo
ses under her name. It was evidenced by T.D. Nos. 8672, 7282 and 6231. On 15 Jun
e 1979, the subject property was then conveyed by Pacencia Leaban to her daughte
r, herein respondent Gregoria L. Diloy, by virtue of a Deed of Absolute Sale.
In 1997, respondent Gregoria L. Diloy, now married to Joselito C. Espiritu, file
d an Application8 for Registration of Title over the subject property under Sect
ion 14 of Presidential Decree No. 15299 before the 2nd MCTC of Silang-Amadeo, Si
lang, Cavite. The subject property was particularly described as Lot No. 2280, C
ad-482-D, Amadeo Cadastre, Ap-04-010073, with an area of 22,249 square meters lo
cated in Barangay Dagatan, Amadeo, Cavite.
To establish the jurisdictional requirements required by the aforesaid law, the
respondent submitted and marked the following documents, to wit: (1) Application
for Registration as Exhibits "A"; "A-1" to "A-4";10 (2) Notice of Initial Heari
ng dated 17 July 1997 as Exhibits "B" and "B-1";11 (3) Certificate of Publicatio
n12 by the Land Registration Authority (LRA) as Exhibit "C" and Certificate of N
otification13by the LRA as Exhibit "C-1"; (4) Certificate of Publication issued

by the National Printing Office(NPO) as Exhibit "D"14 and a copy of the Official
Gazette (O.G.), Volume 93, No. 39, 29 September 199715 as Exhibits "D-1" to "D3"; (5) Affidavit of Publication16 issued by the We Forum newspaper17 as Exhibit
s "E", "E-1" and "E-1-A"; (6) Registry Receipts sent to the government agencies
concerned as well as to the adjoining owners as Exhibits "F," "F-1" to "F-16," i
nclusive; and (7) Certificate of Posting18 as Exhibit "G."
Since the Public Prosecutor did not interpose any objection, the court a quo adm
itted the aforementioned Exhibits.
The Office of the Solicitor General (OSG), however, on behalf of the Republic, f
iled an Opposition to the aforesaid Application for Registration of Title. It fi
led a Notice of Appearance, but in a letter dated 18 November 1997, deputized th
e Provincial Prosecutor of Silang, Cavite, to represent its interest therein.
During the hearing of the Application for Registration of Title, respondent pres
ented her father, Rustico Diloy, and Armando Ramos as witnesses to strengthen he
r claim that her predecessors-in-interest had been in actual, continuous, open,
notorious and adverse possession of the subject property.
Rustico Diloy testified that the first time he came to know of the subject prope
rty was in 1952 when he was twenty years old, because he used to work on the sai
d property. When he married Pacencia Leaban, the owner of the subject property w
as Eusebio Leaban, the father of Pacencia Leaban. Said property was inherited by
his wife from her father. It then came to the possession of the respondent by v
irtue of a Deed of Absolute Sale executed between her and her mother, Pacencia L
eaban. According to him, from the time he came to know of the subject property u
p to the present, it was continuously declared for taxation purposes. He also af
firmed that the subject property has an area of 22,249 square meters, and it is
located in Barangay Dagatan, Amadeo, Cavite. He came to know of said information
because he was the one who had it surveyed. The survey of the land was made and
approved by the Director of Lands and reapproved by the Bureau of Lands. The su
bject property was fenced with barbed wire and shrubs.23
To corroborate the testimony of Rustico Diloy, Armando Ramos, 81 years old and p
resently residing in Barangay Dagatan, Amadeo, Cavite, stated that he was the ow
ner of the land adjoining the subject property, and that he knew the previous ow
ners of the same. He disclosed that he knew the subject property even before the
Japanese Occupation because he became the husband of one of the heirs of the ow
ner thereof. Prior to the Japanese Occupation, he said the owner of the subject
property was his father-in-law, Narciso Leaban. Then, in 1948, Crispin Leaban ca
me into the possession of said land. From Crispin Leaban, he confirmed that the
subject property was inherited by Eusebio Leaban, the son of Crispin Leaban. Eus
ebio Leaban, in turn, transferred the same to his daughter, Pacencia Leaban. The
n, in 1979, Pacencia Leaban conveyed the subject property to her daughter, the r
espondent, who is the present owner of the subject property where she plants cof
fee.
The Republic persistently argues that the respondent's Application for Registrat
ion of Title should have been denied because the latter failed to comply with th
e period of possession required by law, i.e., Section 14 of Presidential Decree
No. 1529. The Republic reveals that the subject property was only declared alien
able and disposable on 15 March 1982 per Forestry Administration Office (FAO) No
. 4-1650. From 1982 when the property was declared alienable and disposable to 1
997, the respondent had only been in adverse possession of the subject property
for a period of 15 years. Thus, there was no compliance with Section 14, Preside
ntial Decree No. 1529 because the subject property was not yet alienable and dis
posable on 12 June 1945, and respondent's possession lacked the required number
of years (30 years) for her to acquire the same through prescription. Hence, res
pondent did not acquire an imperfect title, which may be confirmed through a jud
icial proceeding.
The MCTC rendered a Decision in favor of the respondent, thereby granting her ap
plication for registration over the subject property.
Republic then filed a Motion for Reconsideration the said Motion for Reconsidera
tion was denied.
As a result thereof, the Republic appealed the Decision of the MCTC to the Court
of Appeals.
Court of Appeals denied the appeal of the Republic and affirmed the Decision of
the MCTC granting the application for registration of the subject property.
Aggrieved, the Republic filed a motion for the reconsideration of the aforesaid
Decision which was likewise denied in a Resolution dated 30 August 2006.
Hence, this Petition.
ISSUE: whether or not the respondent has acquired a registrable title
No, respondent has acquired a registrable title.

Section 14 of the Property Registration Decree speaks of who may apply for regis
tration of land. The said provisions of law refer to an original registration th
rough ordinary registration proceedings.31 It specifically provides:
SEC. 14. Who may apply. - The following persons may file in the proper Court of
First Instance [now Regional Trial Court] an application for registration of tit
le to land, whether personally or through their duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest have been
in open, continuous, exclusive and notorious possession and occupation of aliena
ble and disposable lands of the public domain under a bona fide claim of ownersh
ip since June 12, 1945, or earlier. (Emphasis supplied.)
The three requisites for the filing of an application for registration of title
under the first category are: (1) that the property in question is alienable and
disposable land of the public domain; (2) that the applicants by themselves or
through their predecessors-in-interest have been in open, continuous, exclusive
and notorious possession and occupation; and (3) that such possession is under a
bona fide claim of ownership since 12 June 1945 or earlier.32 In effect, the pe
riod of possession - open, continuous, exclusive and notorious - must at least b
e 30 years computed from 12 June 1945 to the effectivity of Presidential Decree
No. 1529 on 11 June 1978.
Section 14(1) of the aforesaid law requires that the property sought to be regis
tered is already alienable and disposable at the time the application for regist
ration of title is filed.
In the case at bar, it is beyond question that the subject property was already
an alienable and disposable land at the time the Application for Registration of
Title over the same was filed by the respondent. The Application for Registrati
on of Title over the subject property was filed by the respondent in the year 19
97. The Report,34 dated 27 July 1998, submitted by the Director of Lands and the
Certification,35 dated 4 May 1998, issued by the CENRO, clearly established tha
t the subject property was already within the alienable and disposable zone as c
lassified under Project No. 5, L.C. Map No. 3013 as early as 15 March 1982 per F
orestry Administration Order No. 4-1650.36Even the parties to this case, particu
larly the OSG, did not refute the fact that at the time the Application for Regi
stration of Title was filed, the subject property had already been classified as
alienable and disposable land.
Both lower courts upheld that the respondent was able to prove that her possessi
on of the subject property was open, continuous, exclusive and notorious for mor
e than 30 years
While this Court agrees with the lower courts that, indeed, respondent's possess
ion of the subject property was open, continuous, exclusive and notorious, howev
er, we hold that respondent failed to prove that she or her predecessors-in-inte
rest were already in possession of the subject property under a bona fide claim
of ownership since 12 June 1945 or earlier, which is the reckoning period specif
ically provided in Section 14(1) of Presidential Decree No. 1529.
From 1982 up to 1997, the year the respondent filed an Application for Registrat
ion of Title over the subject property, the respondent was in possession of the
same for only 15 years, which was short of another 15 years from the 30-year-per
iod possession requirement. Thus, this Court is constrained to abide by the Lati
n maxim "Dura lex sed lex."42
WHEREFORE, premises considered, the instant Petition is hereby GRANTED. The Deci
sion and Resolution of the Court of Appeals dated 7 February 2006 and 30 August
2006, respectively affirming the Decision of the MCTC dated 5 May 1999, which gr
anted the respondent's Application for Registration of Title over the subject pr
operty, are hereby REVERSED and SET ASIDE. The respondent's Application for Regi
stration of Title over the subject property is hereby DENIED.