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and possessing it openly, publicly, uninterruptedly, parcel of land Lot 2633, Cad 297.

Case 5, the applicant-appellee be


adversely against the whole world, and in the Paombong Cadastre[)] described in plan defeated by the bare and
FIRST DIVISION concept of owner since then; that the land had Ap-03-001603 (Exhibit D, page 7 of unsubstantiated allegations of
[G.R. No. 163767. March 10, 2014.] been declared in her name for taxation purposes; records) and in the technical description the oppositor-appellant.
REPUBLIC OF THE PHILIPPINES, and that the taxes due thereon had been paid, as (Exhibit F, page 5 of records) in favor of WHEREFORE, PREMISES
represented by THE DIRECTOR shown in Official Receipt No. H-7100234. 11 HECTaA Rosario de Guzman Vda. de Joson, of CONSIDERED, the assailed
OF LANDS, petitioner, vs. In their opposition filed by Fiscal Reyes, 12 the legal age, Filipino, widow and resident of Decision is hereby AFFIRMED IN
ROSARIO DE GUZMAN VDA. DE Director of Lands and the Director of Forest Malolos, Bulacan. TOTO.
JOSON, respondent. Development averred that whatever legal and After the decision shall have become SO ORDERED. 22
DECISION possessory rights the respondent had acquired by final, let the corresponding decree be Hence, the Republic appeals by petition for review
BERSAMIN, J p: reason of any Spanish government grants had issued, on certiorari.
This case concerns the discharge of the burden of been lost, abandoned or forfeited for failure to SO ORDERED. 19 Issue
proof by the applicant in proceedings for the occupy and possess the land for at least 30 years The Republic, through the OSG, appealed to the (1) WHETHER OR NOT THE LAND
registration of land under Section 14 (1) and (2) of immediately preceding the filing of the application; CA, contending that the trial court had erred in SUBJECT OF THE APPLICATION
Presidential Decree No. 1529 (Property Registration 13 and that the land applied for, being actually a granting the application for registration despite the FOR REGISTRATION IS
Decree). portion of the Labangan Channel operated by the land not being the subject of land registration due SUSCEPTIBLE OF PRIVATE
The Republic appeals the adverse decision Pampanga River Control System, could not be to its being part of the unclassified region ACQUISITION; and
promulgated on January 30, 2004, 1 whereby the subject of appropriation or land registration. 14 denominated as forest land of Paombong, (2) WHETHER OR NOT THE TRIAL
Court of Appeals (CA) affirmed the judgment The Office of the Solicitor General (OSG) also filed in Bulacan. 20 SDIaCT COURT, AS WELL AS THE COURT
rendered on August 10, 1981 by the erstwhile Court behalf of the Government an opposition to the Judgment of the CA OF APPEALS, ERRED IN
of First Instance (CFI) of Bulacan (now the Regional application, 15 insisting that the land was within the On January 30, 2004, the CA GRANTING THE APPLICATION
Trial Court) in Registration Case No. 3446-M granting unclassified region of Paombong, Bulacan, as promulgated its assailed judgment, 21 affirming FOR REGISTRATION. 23
the application of the respondent for the indicated in BF Map LC No. 637 dated March 1, the decision of the trial court upon the Ruling
registration of her title covering a parcel of land 1927; that areas within the unclassified region were following ratiocination: The appeal is impressed with merit.
situated in San Isidro, Paombong, Bulacan. 2 denominated as forest lands and thus fell under the The foregoing documentary and Section 14 (1) and (2) of the Property Registration
The respondent filed her application for land exclusive jurisdiction, control and authority of the testimonial evidence stood unrebutted Decree state:
registration in the CFI in Bulacan. 3 The jurisdictional Bureau of Forest Development (BFD); 16 and that and uncontroverted by the oppositor- Section 14. Who may apply. —
requirements were met when the notice of initial the CFI did not acquire jurisdiction over the appellant and they should serve as proof The following persons may file
hearing was published in the Official Gazette for application considering that: (1) the land was of the paucity of the claim of the in the proper [Regional Trial
two successive weeks, 4 as evidenced by a beyond the commerce of man; (2) the payment of applicant-appellee over the subject Court] an application for
certification of publication. 5 The notice of initial taxes vested no title or ownership in the declarant property. registration of title to land,
hearing was also posted by the Provincial Sheriff of or taxpayer. 17 Upon the other hand, oppositor-appellant, whether personally or through
Bulacan in a conspicuous place in the municipal Ruling of the CFI in a lackluster fashion, advanced pro their duly authorized
building of Paombong, Bulacan as well as on the On August 10, 1981, the CFI rendered forma theories and arguments in its representatives: cHSIAC
property itself. 6 On June 2, 1977, at the initial its decision, 18 ordering the registration of the Opposition which naturally failed to merit (1) Those who by themselves or
hearing of the application, Fiscal Liberato L. Reyes land in favor of the respondent on the ground any consideration from the court a quo through their predecessors-in-
interposed an opposition in behalf of the Director of that she had sufficiently established her open, and also from this Court. The indorsement interest have been in open,
Lands and the Bureau of Public Works. Upon motion public, continuous, and adverse possession in from the Bureau of Forest Development, continuous, exclusive and
by the respondent and without objection from the concept of an owner for more than 30 San Fernando, Pampanga to the effect notorious possession and
Fiscal Reyes, the CFI commissioned the Acting years, to wit: that the subject area is within the occupation of alienable and
Deputy Clerk of Court to receive evidence in the Since it has been established that the unclassified region of Paombong, Bulacan disposable lands of the public
presence of Fiscal Reyes. 7 applicants and her predecessors-in- does not warrant any evidentiary weight domain under a bona fide
The records show that the land subject of the interest have been in the open, public, since the same had never been formally claim of ownership since June
application was a riceland with an area of 12,342 continuous, and adverse possession of the offered as evidence by the oppositor- 12, 1945, or earlier.
square meters known as Lot 2633, Cad-297, said parcel of land in the concept of an appellant. All the other allegations in the (2) Those who have acquired
Paombong, Bulacan, and covered by plan Ap-03- owner for more than thirty (30) years, that Opposition field (sic) by the oppositor- ownership of private lands by
001603; 8 that the riceland had been originally it, since 1926 up to the present time, appellant failed to persuade this Court as prescription under the
owned and possessed by one Mamerto Dionisio applicant therefore is entitled to the to the veracity thereof considering that no provision of existing laws.
since 1907; 9 that on May 13, 1926, Dionisio, by way registration thereof under the provisions of evidence was ever presented to prove xxx xxx xxx
of a deed of sale, 10 had sold the land to Act No. 496, in relation to Commonwealth the said allegations. Section 14 (1) deals with possession and
Romualda Jacinto; that upon the death of Act No. 141 as amended by Republic Act Such being the case, this Court occupation in the concept of an owner while
Romualda Jacinto, her sister Maria Jacinto (mother No. 6236 and other existing laws. is not inclined to have the Section 14 (2) involves prescription as a mode of
of the respondent) had inherited the land; that WHEREFORE, confirming the order of positive proofs of her acquiring ownership. In Heirs of Mario Malabanan v.
upon the death of Maria Jacinto in 1963, the general default issued in this case, the registrable rights over the Republic, 24 the Court set the guidelines
respondent had herself inherited the land, owning Court hereby orders the registration of this subject property adduced by concerning land registration proceedings brought
under these provisions of the Property Registration of title under the provisions of this chapter. testified that the land was not within any military or overcome the presumption that the land still
Decree in order provide clarity to the application (Emphasis supplied) SECAHa naval reservation, and Frisco Domingo, her other formed part of the inalienable public domain, to
and scope of said provisions. As the law now stands, a mere showing of witness, corroborated her. Although the Republic wit:
The respondent sought to have the land registered possession and occupation for 30 years or countered that the verification made by the To prove that the land in question formed
in her name by alleging that she and her more is not sufficient. Therefore, since the Bureau of Forest Development showed that the part of the alienable and disposable lands
predecessors-in-interest had been in open, effectivity of PD 1073 on 25 January 1977, land was within the unclassified region of of the public domain, petitioners relied on
peaceful, continuous, uninterrupted and adverse it must now be shown that possession and Paombong, Bulacan as per BF Map LC No. 637 the printed words which read: "This survey
possession of the land in the concept of owner occupation of the piece of land by the dated March 1, 1927, 33 such showing was based plan is inside Alienable and Disposable
since time immemorial. However, the Republic applicant, by himself or through his on the 1st Indorsement dated July 22, 1977 issued Land Area, Project No. 27-B as per L.C.
counters that the land was public land; and that it predecessors-in-interest, started on 12 by the Bureau of Forest Development, 34 which the Map No. 2623, certified by the Bureau of
could not be acquired by prescription. The June 1945 or earlier. This provision is in total CA did not accord any evidentiary weight to for Forestry on January 3, 1968," appearing on
determination of the issue hinges on whether or not conformity with Section 14(1) of PD 1529. failure of the Republic to formally offer it in Exhibit "E" (Survey Plan No. Swo-13-000227).
the land was public; if so, whether the respondent 26 evidence. Still, Fiscal Reyes, in the opposition he This proof is not sufficient. Section 2, Article
satisfactorily proved that the land had already Under Section 14 (1), therefore, the respondent had filed in behalf of the Government, argued that the XII of the 1987 Constitution, provides: "All
been declared as alienable and disposable land of to prove that: (1) the land formed part of the land was a portion of the Labangan Channel lands of the public domain, waters,
the public domain; and that she and her alienable and disposable land of the public operated by the Pampanga River Control System, minerals, coal, petroleum, and other
predecessors-in-interest had been in open, domain; and (2) she, by herself or through her and could not be the subject of appropriation or mineral oils, all forces of potential energy,
peaceful, continuous, uninterrupted and adverse predecessors-in-interest, had been in open, land registration. Thus, the respondent as the fisheries, forests or timber, wildlife, flora
possession of the land in the concept of owner continuous, exclusive, and notorious possession and applicant remained burdened with proving her and fauna, and other natural resources
since June 12, 1945, or earlier. occupation of the subject land under a bona fide compliance with the first requisite. are owned by the State. . . . ." (Emphasis
In Republic vs. Tsai, 25 the Court summarizes the claim of ownership from June 12, 1945, or earlier. 27 Belatedly realizing her failure to prove the alienable supplied.)
amendments that have shaped the current It is the applicant who carries the burden of proving and disposable classification of the land, the For the original registration of title, the
phraseology of Section 14 (1), to wit: that the two requisites have been met. Failure to do petitioner attached as Annex A to her appellee's applicant (petitioners in this case) must
Through the years, Section 48(b) of the CA so warrants the dismissal of the application. brief 35 the certification dated March 8, 2000 issued overcome the presumption that the land
141 has been amended several times. The The respondent unquestionably complied with the by the Department of Environment and Natural sought to be registered forms part of the
Court of Appeals failed to consider the second requisite by virtue of her having been in Resources-Community Environment and Natural public domain. Unless public land is shown
amendment introduced by PD 1073. In open, continuous, exclusive and notorious Resources Office (DENR-CENRO), 36 viz.: DTaSIc to have been reclassified or alienated to a
Republic v. Doldol, the Court provided a possession and occupation of the land since June THIS IS TO CERTIFY that the private person by the State, it remains part
summary of these amendments: 12, 1945, or earlier. She testified on how the land parcel of land described on lot of the inalienable public domain. Indeed,
The original Section 48(b) of C.A. No. 141 had been passed on to her from her predecessors- 2633 located at San Isidro, "occupation thereof in the concept of
provided for possession and occupation in-interest; and tendered documentary evidence Paombong, Bulacan as shown owner, no matter how long, cannot ripen
of lands of the public domain since July like: (1) the Deed of Sale evidencing the transfer of in the sketch plan surveyed by into ownership and be registered as a
26, 1894. This was superseded by R.A. No. the property from Mamerto Dionisio to Romualda Geodetic Engineer Carlos G. title." To overcome such presumption,
1942, which provided for a simple thirty- Jacinto in 1926; 28 (2) Tax Declaration No. 4547 Reyes falls within the Alienable incontrovertible evidence must be shown
year prescriptive period of occupation by showing that she had declared the property for or Disposable Land Project No. by the applicant. Absent such evidence,
an applicant for judicial confirmation of taxation purposes in 1976; 29 and (3) Official 19 of Paombong, Bulacan per the land sought to be registered remains
imperfect title. The same, however, has Receipt No. H-7100234 indicating that she had Land Classification Map No. inalienable.
already been amended by Presidential been paying taxes on the land since 1977. 30 The 2934 certified on October 15, In the present case, petitioners cite a
Decree No. 1073, approved on January CFI found her possession of the land and that of her 1980. surveyor-geodetic engineer's notation in
25, 1977. As amended, Section 48(b) now predecessors-in-interest to have been open, public, However, in its resolution of July 31, 2000, 37 the CA Exhibit "E" indicating that the survey was
reads: continuous, and adverse in the concept of an denied her motion to admit the appellee's brief, inside alienable and disposable land. Such
(b) Those who by themselves or through owner since 1926 until the present time, or for more and expunged the appellee's brief from the notation does not constitute a positive
their predecessors in interest have been in than 30 years, entitling her to the registration under records. Seeing another opportunity to make the government act validly changing the
open, continuous, exclusive, and notorious the provisions of Act No. 496, in relation to certification a part of the records, she attached it classification of the land in question. Verily,
possession and occupation of agricultural Commonwealth Act No. 141, as amended by as Annex A of her comment here. 38 Yet, that a mere surveyor has no authority to
lands of the public domain, under a bona Republic Act No. 6236 and other existing laws. 31 attempt to insert would not do her any good reclassify lands of the public domain. By
fide claim of acquisition of ownership, On its part, the CA ruled that the documentary and because only evidence that was offered at the trial relying solely on the said surveyor's
since June 12, 1945, or earlier, testimonial evidence stood unrebutted and could be considered by the Court. assertion, petitioners have not sufficiently
immediately preceding the filing of the uncontroverted by the Republic. 32 Even had the respondent's effort to insert the proven that the land in question has been
application for confirmation of title, Nonetheless, what is left wanting is the fact that the certification been successful, the same would declared alienable. 40 HTCSDE
except when prevented by war or force respondent did not discharge her burden to prove nonetheless be vain and ineffectual. In Menguito v. We reiterate the standing doctrine that land of the
majeure. These shall be conclusively the classification of the land as demanded by the Republic, 39 the Court pronounced that a survey public domain, to be the subject of appropriation,
presumed to have performed all the first requisite. She did not present evidence of the conducted by a geodetic engineer that included a must be declared alienable and disposable either
conditions essential to a Government land, albeit public, having been declared alienable certification on the classification of the land as by the President or the Secretary of the DENR. In
grant and shall be entitled to a certificate and disposable by the State. During trial, she alienable and disposable was not sufficient to
Republic v. T.A.N. Properties, Inc., 41 we explicitly Here, respondent Corporation only the real character of the land subject of respondent then acquire the land through
ruled: presented a CENRO certification in private respondents' application. Further, prescription considering that her possession and
The applicant for land registration must support of its application. Clearly, this falls the certification enjoys a presumption of occupation of the land by her and her
prove that the DENR Secretary had short of the requirements for original regularity in the absence of contradictory predecessors-in-interest could be traced back to as
approved the land classification and registration. 44 evidence, which is true in this case. Worth early as in 1926, and that the nature of their
released the land of the public domain as Yet, even assuming that the DENR-CENRO noting also was the observation of the possession and occupation was that of a bona fide
alienable and disposable, and that the certification alone would have sufficed, the Court of Appeals stating that: claim of ownership for over 30 years?
land subject of the application for respondent's application would still be denied [n]o opposition was filed by the Bureaus of Clearly, the respondent did not. Again, Heirs of
registration falls within the approved area considering that the reclassification of the land as Lands and Forestry to contest the Mario Malabanan v. Republic is enlightening, to wit:
per verification through survey by the alienable or disposable came only after the filing of application of appellees on the ground It is clear that property of public dominion,
PENRO or CENRO. In addition, the the application in court in 1976. The certification that the property still forms part of the which generally includes property
applicant for land registration must itself indicated that the land was reclassified as public domain. Nor is there any showing belonging to the State, cannot be the
present a copy of the original alienable or disposable only on October 15, 1980. that the lots in question are forestal land. . object of prescription or, indeed, be
classification approved by the DENR The consequence of this is fittingly discussed in Heirs . ." subject of the commerce of man. Lands
Secretary and certified as a true copy by of Mario Malabanan v. Republic, to wit: TaIHEA Thus, while the Court of Appeals erred in of the public domain, whether declared
the legal custodian of the official records. We noted in Naguit that it should be ruling that mere possession of public land alienable and disposable or not, are
These facts must be established to prove distinguished from Bracewell v. Court of for the period required by law would property of public dominion and thus
that the land is alienable and disposable. Appeals since in the latter, the application entitle its occupant to a confirmation of insusceptible to acquisition by
42 for registration had been filed before the imperfect title, it did not err in ruling in prescription.
This doctrine unavoidably means that the mere land was declared alienable or favor of private respondents as far as the Let us now explore the effects under the
certification issued by the CENRO or PENRO did not disposable. The dissent though first requirement in Section 48(b) of the Civil Code of a declaration by the
suffice to support the application for registration, pronounces Bracewell as the better rule Public Land Act is concerned, for they President or any duly authorized
because the applicant must also submit a copy of between the two. Yet two years after were able to overcome the burden of government officer of alienability and
the original classification of the land as alienable Bracewell, its ponente, the esteemed proving the alienability of the land subject disposability of lands of the public domain.
and disposable as approved by the DENR Secretary Justice Consuelo Ynares-Santiago, of their application. Would such lands so declared alienable
and certified as a true copy by the legal custodian penned the ruling in Republic v. Ceniza, As correctly found by the Court of and disposable be converted, under the
of the official records. As the Court said in Republic which involved a claim of possession that Appeals, private respondents were able to Civil Code, from property of the public
v. Bantigue Point Development Corporation: 43 extended back to 1927 over a public prove their open, continuous, exclusive dominion into patrimonial property? After
The Regalian doctrine dictates that all domain land that was declared alienable and notorious possession of the subject all, by connotative definition, alienable
lands of the public domain belong to the and disposable only in 1980. Ceniza cited land even before the year 1927. As a rule, and disposable lands may be the object
State. The applicant for land registration Bracewell, quoted extensively from it, and we are bound by the factual findings of of the commerce of man; Article 1113
has the burden of overcoming the following the mindset of the dissent, the the Court of Appeals. Although there are provides that all things within the
presumption of State ownership by attempt at registration in Ceniza should exceptions, petitioner did not show that commerce of man are susceptible to
establishing through incontrovertible have failed. Not so. this is one of them." cDTACE prescription; and the same provision
evidence that the land sought to be To prove that the land subject of an Why did the Court in Ceniza, through the further provides that patrimonial property
registered is alienable or disposable based application for registration is alienable, an same eminent member who authored of the State may be acquired by
on a positive act of the government. We applicant must establish the existence of a Bracewell, sanction the registration under prescription.
held in Republic v. T.A.N. Properties, Inc. positive act of the government such as a Section 48(b) of public domain lands Nonetheless, Article 422 of the Civil Code
that a CENRO certification is insufficient to presidential proclamation or an executive declared alienable or disposable thirty- states that "[p]roperty of public dominion,
prove the alienable and disposable order; an administrative action; five (35) years and 180 days after 12 June when no longer intended for public use or
character of the land sought to be investigation reports of Bureau of Lands 1945? The telling difference is that in for public service, shall form part of the
registered. The applicant must also show investigators; and a legislative act or a Ceniza, the application for registration patrimonial property of the State." It is this
sufficient proof that the DENR Secretary statute. was filed nearly six (6) years after the land provision that controls how public
has approved the land classification and In this case, private respondents had been declared alienable or dominion property may be converted into
released the land in question as alienable presented a certification dated disposable, while in Bracewell, the patrimonial property susceptible to
and disposable. November 25, 1994, issued by Eduardo M. application was filed nine (9) years before acquisition by prescription. After all, Article
Thus, the present rule is that an application Inting, the Community Environment and the land was declared alienable or 420 (2) makes clear that those property
for original registration must be Natural Resources Officer in the disposable. That crucial difference was "which belong to the State, without being
accompanied by (1) a CENRO or PENRO Department of Environment and Natural also stressed in Naguit to contradistinguish for public use, and are intended for some
Certification; and (2) a copy of the Resources Office in Cebu City, stating that it from Bracewell, a difference which the public service or for the development of
original classification approved by the the lots involved were "found to be within dissent seeks to belittle. 45 (citations the national wealth" are public dominion
DENR Secretary and certified as a true the alienable and disposable (sic) Block-I, omitted) property. For as long as the property
copy by the legal custodian of the official Land Classification Project No. 32-A, per On the other hand, under Section 14 (2), ownership belongs to the State, although already
records. map 2962 4-I555 dated December 9, of private lands acquired through prescription may classified as alienable or disposable, it
1980." This is sufficient evidence to show be registered in the owner's name. Did the remains property of the public dominion if
when it is "intended for some public prescriptive period in favor of the possessor. As
service or for the development of the pointedly clarified also in Heirs of Mario Malabanan
national wealth". AcHCED v. Republic: 47
Accordingly, there must be an express Should public domain lands become
declaration by the State that the public patrimonial because they are declared as
dominion property is no longer intended such in a duly enacted law or duly
for public service or the development of promulgated proclamation that they are
the national wealth or that the property no longer intended for public service or for
has been converted into patrimonial. the development of the national wealth,
Without such express declaration, the would the period of possession prior to the
property, even if classified as alienable or conversion of such public dominion into
disposable, remains property of the public patrimonial be reckoned in counting the
dominion, pursuant to Article 420(2), and prescriptive period in favor of the
thus incapable of acquisition by possessors? We rule in the negative.
prescription. It is only when such alienable The limitation imposed by Article 1113
and disposable lands are expressly dissuades us from ruling that the period of
declared by the State to be no longer possession before the public domain land
intended for public service or for the becomes patrimonial may be counted for
development of the national wealth that the purpose of completing the
the period of acquisitive prescription can prescriptive period. Possession of public
begin to run. Such declaration shall be in dominion property before it becomes
the form of a law duly enacted by patrimonial cannot be the object of
Congress or a Presidential Proclamation in prescription according to the Civil Code.
cases where the President is duly As the application for registration under
authorized by law. Section 14(2) falls wholly within the
It is comprehensible with ease that this framework of prescription under the Civil
reading of Section 14(2) of the Property Code, there is no way that possession
Registration Decree limits its scope and during the time that the land was still
reach and thus affects the registrability classified as public dominion property can
even of lands already declared alienable be counted to meet the requisites of
and disposable to the detriment of the acquisitive prescription and justify
bona fide possessors or occupants registration. 48 EHSTDA
claiming title to the lands. Yet this In other words, the period of possession prior to the
interpretation is in accord with the reclassification of the land, no matter how long,
Regalian doctrine and its concomitant was irrelevant because prescription did not operate
assumption that all lands owned by the against the State before then.
State, although declared alienable or WHEREFORE, the Court REVERSES and SETS ASIDE the
disposable, remain as such and ought to decision of the Court of Appeals promulgated on
be used only by the Government. January 30, 2004; DISMISSES the application for land
Recourse does not lie with this Court in the registration of respondent Rosario de Guzman Vda.
matter. The duty of the Court is to apply de Joson respecting Lot 2633, Cad-297 with a total
the Constitution and the laws in area of 12,342 square meters, more or less, situated
accordance with their language and in San Isidro, Paombong, Bulacan; and DIRECTS the
intent. The remedy is to change the law, respondent to pay the costs of suit.
which is the province of the legislative SO ORDERED.
branch. Congress can very well be ||| (Republic v. Vda. de Joson, G.R. No. 163767,
entreated to amend Section 14(2) of the [March 10, 2014])
Property Registration Decree and
pertinent provisions of the Civil Code to
liberalize the requirements for judicial
confirmation of imperfect or incomplete
titles. 46
The period of possession prior to the reclassification
of the land as alienable and disposable land of the
public domain is not considered in reckoning the

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