Central Mindanao v.
Republic (2016) declaration and certification that the subject land area
[J. Peralta]
I. FACTS:
Petitioner, Central Mindanao University (CMU), is an
agricultural educational institution owned and run by
the State established by virtue of Republic Act No.
4498. Subject of the controversy covers 2 parcels of
land at Musuan, Bukidnon.
In 1946, CMU took possession of subject land and
started construction for the school site upon the
confirmation of Secretary of Public Instruction.
However, it found that there were several adverse
claims over the property.
In 1956, Pres. Carlos P. Garcia signed
Proclamation no. 476, through the provisions of
the Public Land Act (C.A. 141), reserving certain
portions of the land to CMU. Said parcel of lands
were withdrawn from sale or settlement and reserved
for the school. Director of Lands filed the necessary
petition for compulsory registration of said land.
On January 1961, Director of Lands then filed with CFI
of Bukidnon for settlement and adjudication of title
of parcels of land for determination of rights of
adverse claimants. Cadastral Court approved petition
and ordered that specific portions of subject lots
be adjudicated to 33 claimants.
Republic of the PH, through OSG, filed before CA
annulment of the decision by Cadastral Court granting
in favor of CMU the title of the land. CA ruled in favor
of the Republic with regard to the subsequent
disposition and alienation of the public domain.
CMU filed to this Court.
II. CONTENTIONS:
CMU: the subject property has already been declared,
classified, and certified by the Office of the President
as alienable and disposable lands, by the indorsement
to file the compulsory registration of the parcels of land
reserved under their name.
They cited Republic vs Dela Rosa wherein Court held
that the said presidential directive was equivalent to a
is alienable and disposable.
III. ISSUES:
WON subject lots became alienable and disposable.
IV. RATIONALE:
No. Under the Regalian doctrine, all lands of the
public domain belong to the State, and that the State
is the source of any asserted right to ownership of
land and charged with the conservation of such
patrimony.
All lands not otherwise appearing to be clearly within
private ownership are presumed to belong to the State.
Consequently, the person applying for registration has
the burden of proof to overcome the presumption of
ownership of lands of the public domain.
To prove that a land is alienable, the existence of a
positive act of the government, such as
presidential proclamation or an executive order; an
administrative action; investigation reports of
Bureau of Lands investigators; and a legislative act
or a statute declaring the land as alienable and
disposable must be established.
However, it is clear under Sec. 88 of Proclamation no.
476, that the reserved parcels of land would ordinarily
be inalienable and not subject to occupation, entry,
sale, lease or other disposition.
Moreover, pursuant to Sec. 8 of C.A. 141, the lands
which can be declared open to disposition or
concession are those which have been officially
delimited and classified, or when practicable
surveyed; those not reserved for public or quasi-
public purpose; those not appropriated by the
Government; those which have not become private
property in any manner; those which have no
private right authorized and recognized by C.A. No.
141 or any other valid law may be claimed; or those
which have ceased to be reserved or appropriated.
Unlike in De la Rosa, the lands, having been reserved
for public purpose by virtue of Proclamation No. 476,
have not ceased to be so at the time the said directive
was made. The subject land, among others, have
been reserved for public or quasi-public purposes.
In the instant case, CMU’s reservation was for
educational purposes. Hence, the lots did not revert
to and become public agricultural land for them to be
the subject of a declaration by the President that the
same are alienable and disposable.
Being a property included in the public domain, it
cannot be registered under the Torrens system.
DISPOSITIVE:
WHEREFORE, the petition for review on certiorari
dated January 14, 2011 led by petitioner Central
Mindanao University is hereby DENIED. Original
Certificate of Titles are CANCELLED and are
ORDERED REVERTED to the public domain.