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ELMER AT RANDOM
Anything from mundane to ethereal; from puerile to polemical.

Sunday, May 24, 2009 About Me

Elmer Brabante
HEIRS OF MARIO MALABANAN vs. REPUBLIC OF THE PHILIPPINES Student of law, professor
on-leave, arm-chair social
HEIRS OF MARIO MALABANAN vs. REPUBLIC OF THE PHILIPPINES activist, culture voyeur, oragon.
GR No. 179987
View my complete profile
April 29, 2009
en banc
Listed
Legal - Top Blogs Philippines
FACTS:
PHBAR.ORG

On 20 February 1998, Mario Malabanan filed an application for land registration before Law & Legal Blogs - BlogCatalog Blog Directory
the RTC of Cavite-Tagaytay, covering a parcel of land situated in Silang Cavite,
consisting of 71,324 square meters. Malabanan claimed that he had purchased the
JS-Kit Comments
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. Velazco testified that the property was originally belonged to random wisdom
a twenty-two hectare property owned by his great-grandfather, Lino Velazco. Lino had To measure you by your smallest deed is
four sons– Benedicto, Gregorio, Eduardo and Esteban–the fourth being Aristedes’s to reckon the power of the ocean by the
grandfather. Upon Lino’s death, his four sons inherited the property and divided it among frailty of its foam; to judge you by your
themselves. But by 1966, Esteban’s wife, Magdalena, had become the administrator of failures is to cast blame upon the
all the properties inherited by the Velazco sons from their father, Lino. After the death of seasons for their inconstancy. -- Kahlil
Gibran
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. Blog Archive
► 2011 (2)
Among the evidence presented by Malabanan during trial was a Certification dated 11
June 2001, issued by the Community Environment & Natural Resources Office, ► 2010 (7)
Department of Environment and Natural Resources (CENRO-DENR), which stated that ▼ 2009 (28)
the subject property was “verified to be within the Alienable or Disposable land per Land ► September (4)
Classification Map No. 3013 established under Project No. 20-A and approved as such ► August (4)
under FAO 4-1656 on March 15, 1982.” On 3 December 2002, the RTC approved the
► June (3)
application for registration.
▼ May (12)
The Republic interposed an appeal to the Court of Appeals, arguing that Malabanan had ▼ May 24 (12)
failed to prove that the property belonged to the alienable and disposable land of the A Constant Reminder:
public domain, and that the RTC had erred in finding that he had been in possession of DESIDERATA
the property in the manner and for the length of time required by law for confirmation of Back to the Basics
imperfect title. On 23 February 2007, the Court of Appeals reversed the RTC ruling and A Homage to MLC Alumni and
dismissed the appliocation of Malabanan. Movers
EUGENIA MENDOZA vs. ATTY.
VICTOR V. DECIEMBRE
ISSUES: MARIA ANGALAN, et al. vs.
ATTY. LEONIDO C.
1. In order that an alienable and disposable land of the public domain may be registered DELANTE...
under Section 14(1) of Presidential Decree No. 1529, otherwise known as the Property MANUBAY AND MANUBAY
Registration Decree, should the land be classified as alienable and disposable as of AGRO-INDUSTRIAL
June 12, 1945 or is it sufficient that such classification occur at any time prior to the filing DEVELOPMENT CO...
of the applicant for registration provided that it is established that the applicant has been MACA-ANGCOS ALAWIYA, ET
in open, continuous, exclusive and notorious possession of the land under a bona fide AL. VS. COURT OF
APPEALS
claim of ownership since June 12, 1945 or earlier?
PEOPLE OF THE PHILIPPINES
vs. BENJAMIN “KOKOY”
2. For purposes of Section 14(2) of the Property Registration Decree may a parcel of
ROM...
land classified as alienable and disposable be deemed private land and therefore
JAIME GOSIACO VS. LETICIA
susceptible to acquisition by prescription in accordance with the Civil Code?
CHING AND EDWIN CASTA
THE CITY OF ILOILO vs.
3. May a parcel of land established as agricultural in character either because of its use
SMART COMMUNICATIONS,
or because its slope is below that of forest lands be registrable under Section 14(2) of INC. ...
the Property Registration Decree in relation to the provisions of the Civil Code on
BECMEN SERVICE
acquisitive prescription? EXPORTER VS. CUARESMA
HEIRS OF MARIO
4. Are petitioners entitled to the registration of the subject land in their names under MALABANAN vs. REPUBLIC
Section 14(1) or Section 14(2) of the Property Registration Decree or both? OF THE PHILI...

HELD: ► April (3)

► January (2)
The Pertition is denied.
► 2008 (56)
(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 Random Links
through their predecessors in interest have been in open, continuous, exclusive, and
Ara
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 Arellano University Law
acquired ownership of, and registrable title to, such lands based on the length and Arnel Mateo
quality of their possession. Atty. Fred Pamaos
Atty. Joan de Venecia
(a) Since Section 48(b) merely requires possession since 12 June 1945 and does not Atty. Ma. Florina Binalay
require that the lands should have been alienable and disposable during the entire
Atty. Macka
period of possession, the possessor is entitled to secure judicial confirmation of his title
Atty. Oman
thereto as soon as it is declared alienable and disposable, subject to the timeframe
Atty. Punzi
imposed by Section 47 of the Public Land Act.
Atty. Ralph Sarmiento
(b) The right to register granted under Section 48(b) of the Public Land Act is further Atty. Ralph Sarmiento 2
confirmed by Section 14(1) of the Property Registration Decree. Atty. Renato Bautista
Atty. Rinchel Aurellana
(2) In complying with Section 14(2) of the Property Registration Decree, consider that Baao Blog
under the Civil Code, prescription is recognized as a mode of acquiring ownership of
Balangibog
patrimonial property. However, public domain lands become only patrimonial property
Ban Balikatan
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 Batasnatin
retained for public service or the development of national wealth, under Article 422 of the BAYAN MUNA
Civil Code. And only when the property has become patrimonial can the prescriptive BAYAN MUNA
period for the acquisition of property of the public dominion begin to run. Ben P
Bert M. Drona
(a) Patrimonial property is private property of the government. The person acquires Bicol homepage
ownership of patrimonial property by prescription under the Civil Code is entitled to
Bicol Net
secure registration thereof under Section 14(2) of the Property Registration Decree.
Blimpi (Grace)

(b) There are two kinds of prescription by which patrimonial property may be acquired, Butch Guerrero
one ordinary and other extraordinary. Under ordinary acquisitive prescription, a person Catholic.org
acquires ownership of a patrimonial property through possession for at least ten (10) Celio
years, in good faith and with just title. Under extraordinary acquisitive prescription, a Chan Robles Law Library
person’s uninterrupted adverse possession of patrimonial property for at least thirty (30) Conrado de Quiroz
years, regardless of good faith or just title, ripens into ownership.
Cris Bonoan
Dean Francis Alfar
It is clear that the evidence of petitioners is insufficient to establish that Malabanan has Ed Samar
acquired ownership over the subject property under Section 48(b) of the Public Land Elbert Or
Act. There is no substantive evidence to establish that Malabanan or petitioners as his Elmer Brabante: Facebook
predecessors-in-interest have been in possession of the property since 12 June 1945 or
Elmer Brabante: Friendster
earlier. The earliest that petitioners can date back their possession, according to their
Elmer Brabante: Pace Lex et Sapientia
own evidence—the Tax Declarations they presented in particular—is to the year 1948.
Emmanuel Dumlao
Thus, they cannot avail themselves of registration under Section 14(1) of the Property
Registration Decree. Eric Gamalinda
Eric John Calagui
Neither can petitioners properly invoke Section 14(2) as basis for registration. While the Eugene Evasco
subject property was declared as alienable or disposable in 1982, there is no competent F. Sionil Jose
evidence that is no longer intended for public use service or for the development of the FCJ Art Panganiban
national evidence, conformably with Article 422 of the Civil Code. The classification of
Frank Peñones
the subject property as alienable and disposable land of the public domain does not
Guilders (CEGP)
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. Ian Rosales Casocot
Ibon Facts and Figures
Posted by Elmer Brabante at 8:50 AM
Integrated Bar of the Philippines

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