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G.R. No. L-28790
On December 17, 1924, Po executed a deed of sale of the land to
Facts: Price in consideration of P17,000. This sale was recorded with the
Noblejas was the commissioner of land registration. Under RA 1151, RD on January 22, 1925.
he isentitled to the same compensation, emoluments, and privileges
as those of a Judge of CFI. He approved a subdivision plan covering On February 16, 1927, Price with the consent of his wife, sold the
certain areas that are in excess of those covered by the title. The land to the Province of Leyte for P20,570. On March 17, 1927, the
Secretary of Justice, Teehankee, sent a letter to Noblejas, requiring OCT was issued in the name of the spouses Price. Later, the proper
himto explain why no disciplinary action should be taken against him. transfer certificate of title was provided for the Province of Leyte. On
Noblejas answered, arguing that since he has a rank equivalent to October 12, 1927, Katigbak transferred the property to Po Sun Tun
that of a Judge, he could only be suspended and investigated in the for P8,000.
same manner as an ordinary Judge, under the Judiciary Act. He
claims that he may be investigated only by the Supreme Court. Presently, the possession of the property has been under the control
Nevertheless, he was suspended by the Executive Secretary (ES). of Price and the Provincial Government and has not been under the
Noblejas filed this case claiming the lack of jurisdiction of the ES and material control of Po Sun Tun. The latter filed an action to gain the
his abuse of discretion. possession of the property before the CFI and decided in favor of
Price.
ISSUE: On the appeal, it was found out that the deed in favor of
Whether the Commissioner of Land Registration may only be Katigbak had not been registered in the corresponding registry of
investigated by the Supreme Court (in view of his having a rank property.
equivalent to a judge).
ISSUE:
Ruling: No. Whether the deed in favor of Katigbak with the note “
Register of Deeds, Received December 23, 1923, Province of
If the law had really intended to include the general grant of “rank Leyte” can it be said to be recorded in the Registry of Deeds.
and privileges equivalent to Judges”, the right to be investigated and
be suspended or removed only by the Supreme Court, then such HELD:
grant of privileges would be unconstitutional, since it would violate No. the term "To register" it has been said that it means to "enter in a
the doctrine of separation of powers because it would charge the register; to record formally and distinctly; to enroll; to enter in a list"
Supreme Court with an administrative function of supervisory control
over executive officials, simultaneously reducing pro tanto,the control The mere presentation to the office of the register of deeds of a
of the Chief Executive over such officials. document on which acknowledgment of receipt is written is not
equivalent to recording or registering the real property. Escriche says
Petitioner’s theory that the grant of “privilege of a Judge of First that registration, in its juridical aspect, must be understood as the
Instance” includes by implication the right to be investigated only by entry made in a book or public registry of deeds.
the Supreme Court and to be suspended or removed upon its
recommendation, would necessarily result in the same right being If any doubt remained on the subject, it would be dispelled by turning
possessed by a variety of executive officials upon whom the to Act No. 2837 amendatory of section 194 of the Administrative
legislature had indiscriminately conferred the same privileges. This Code, and recalling that it is therein provided that "No instrument or
include (a) the Judicial Superintendent of the DOJ; (b) the Assistant deed establishing, transmitting, acknowledging, modifying or
Solicitors General; (c) the City Fiscal of Quezon City; (d) the City extinguishing rights with respect to real estate not registered under
Fiscal of Manila and (e) SEC Commissioner. the provisions of Act No. 496, entitled 'The Land Registration' and its
amendments, shall be valid, except as between the parties thereto,
Also, the resolution of the consulta by a Register of Deeds is NOT a until such instrument or deed has been registered, in the manner
judicial function, but an administrative process. It is conclusive and hereinafter prescribed, in the office of the register of deeds for the
binding only upon the Register of Deeds, NOT the parties province or city where the real estate lies."
themselves. Even if the resolution is appealable, it does not
automatically mean that they are judicial in character.Still, the Hence, since the deed made by Gabino in favor of Katigbak was not
resolution of the consultas are but a minimal portion of the only not first recorded in the registry of deeds but never legally so
administrative or executive functions. recorded, and since the purchaser who did record his deed was
Price, who secured a Torrens title and transferred the same to the
Petition is Dismissed. Province of Leyte, that Po Sun Tun, the holder of a defeasible title,
has no legal rights as against Price and the Province of Leyte, the
PO SUN TUN vs. W.S. PRICE and PROVINCIAL GOVERNMENT holders of indefeasible titles. Further, it could beruled that within the
OF LEYTE G.R. NO. 31346 DECEMBER 28, 1929 meaning of section 38 of the Land Registration Law, Price and the
Province of Leyte are innocent purchasers for value of the disputed
FACTS: property.
On November 29, 1921, Gabino Po Ejap was the owner of a
certain parcel of land situated in the Tacloban, Leyte. On the same Teodoro Almirol v Registry of Deeds
date, he sold the land to Po Tecsi for the sum of P8,000 and the G.R. No. L-22486 March 20, 1968
latter gave general power of attorney to the former including the right FACTS
to sell. Gabino and Po Tecsi are brothers, while Gabino and Po Sun In June 1961, Petitioner Teodoro Almirol purchased from Arcenio
Tun are father and son. Abalo a parcel of land situated in Esperanza, Agusan, and covered
by OCT P-1237 in the name of "Arcenio Abalo, married to Nicolasa
On June 21, 1923, Po mortgaged the land to W. S. Price in the M. Abalo." Sometime in May 1962, Almirol will cause the registration
amount of P17,000. The mortgage was duly noted in the office of the of the deed of sale and to secure in his name a TCT. Registration
RD on August 18th of the same year. was refused by the Register of Deeds since the property was a
conjugal one and that Agusan cannot dispose such property even if
Acting under this power, Gabino sold the land on November 22, his wife has already died.
1923, for P8,000 to Jose H. Katigbak. On this document there Almirol the filed a petition for mandamus with the Court of First
appears on the upper right-hand margin the following: "Register of Instance of Agusan to compel the Register of Deeds to register the
deed of sale, to issue the TCT and damages. It is Almirol's assertion decree.” On the other hand, Sec 117 of PD 117 states that: “When
that it is but a ministerial duty of the respondent to perform the acts the Register of Deeds is in doubt with regard to the proper step to be
required of him, and that Almirol has no other plain, speedy and taken or memoranda to be made in pursuance of any deed,
adequate remedy in the ordinary course of law. mortgage or other instrument presented to him for registration or
ISSUE where any party in interest does not agree with the action taken by
W/N a petition for mandamus is the remedy to compel the the Register of Deeds with reference to any such instrument, the
respondent to register the deed of sale in question. question shall be submitted to the Commission of Land Registration
RULING by the Register of Deeds, or by the party in interest through the
Yes. It is the ministerial duty of respondent Registry of Deeds to Register of Deeds.”
register the deed of sale in question. Whether a document is valid or
not, is not for the register of deeds to determine; this function GALLARDO VS. IAC (G.R. NO. L-67742, OCTOBER 29, 1987)
belongs properly to a court of competent jurisdiction. APRIL 23, 2015
The supposed invalidity of the contracts of lease is no valid objection FACTS:
to their registration, because invalidity is no proof of their non- 1. This case is about an 81,300 sq. m. lot in Laguna owned by
existence or a valid excuse for denying their registration. The law on the late Pedro Villanueva. Such land was claimed to be sold
registration does not require that only valid instruments shall be to Meliton Gallardo and Teresa Villanueva through a private
registered. document, an unnotarized Deed of Sale in Tagalog.
The registry of deeds is precluded by section 4 of Republic Act 1151 2. Based on that Deed of Sale, the original certificate of title
from exercising his personal judgment and discretion when was cancelled and a new one was issued under the name
confronted with the problem of whether to register a deed or of petitioners.
instrument on the ground that it is invalid. For under the said section, 3. The main issue was that the private respondents countered
when he is in doubt as to the proper step to be taken with respect to the Deed of Sale and wanted the titles be declared void ab
any deed or other instrument presented to him for registration, all initio. The RTC of Laguna ruled in their favor.
that he is supposed to do is to submit and certify the question to the 4. Appeal to the CA was made (then IAC) which affirmed the
Commissioner of Land Registration who shall, after notice and trial court. Hence, present action.
hearing, enter an order prescribing the step to be taken on the ISSUE: Was there a valid reconstitution of transfer certificate of title?
doubtful question. Was the sale valid?
RULING: No.
Baranda vs. Gustilo GR No. 81163 September 26, 1988 1. As a general rule, Art. 1356 of the Civil Code provides that
contracts are obligatory, in whatever form they may had
FACTS: A parcel of land designated as Lot No. 4517 of the Cadastral been entered, provided all the essential requisites are
Survey of Sta. Barbara, Iloilo covered by original certificate of title no. present.
6406 is the land subject of the dispute between petitioner (Eduardo 2. But there is an exception: requiring a contract to be in some
S. Baranda and Alfonso Hitalia) and respondents(Gregorio Perez, form when the law so requires for its validity or
Maria Gotera and Susan Silao). Both parties claimed ownership and enforceability.
possession over the said land. However during the trial, it was found 3. Sec. 127 of Act 496 – the conveyance be executed “before
that the transfer certificate of title held by respondents was the judge of a court of record or a clerk of a court of record
fraudulently acquired. So the transfer certificate of title was ordered or a notary public or a justice of the peace, who shall certify
to be put in the name of petitioners. In compliance with the order or such acknowledgement substantially in form next
the RTC, the Acting Register of Deeds Avito Saclauso annotated the hereinafter stated.”
order declaring TCT T-25772 null and void, cancelled the same and 4. Also, the document was signed by somebody else and not
issued new certificate of titles in the name of petitioners. However, by by Pedro Villanueva.
reason of a separate case pending in the Court of Appeals, a notice 5. The right to recover possession of registered land is
of lis pendens was annotated in the new certificate of title. This imprescriptible because possession is a mere consequence
prompted the petitioners to move for the cancellation of the notice of of ownership where the land has been registered under the
lis pendens in the new certificates. Judge Tito Gustilo then ordered Torrens system because its efficacy and integrity must be
the Acting Register of Deeds for the cancellation of the notice of lis protected.
pendens but the Acting Register of Deeds filed a motion for
reconsideration invoking Sec 77 of PD 1529. G.R. No. L-40145 July 29, 1992
SEVERO SALES, ESPERANZA SALES
ISSUE: What is the nature of the duty of the Register of Deeds to BERMUDEZ, petitioners, vs.
annotate or annul a notice of lis pendens in a Torrens certificate of COURT OF APPEALS and LEONILO GONZALES, respondents.
title?
In this petition for review on certiorari, petitioners seek to annul and
HELD: Judge Gustilo abused his discretion in sustaining the Acting set aside the decision of the Court of Appeals affirming that of the
Register of Deed’s stand that the notice of lis pendens cannot be then Court of First Instance of Tarlac, Branch III which upheld the
cancelled on the ground of pendency of the case in the Court of validity of the deed of sale of a parcel of land executed by petitioner
Appeals. The function of the Register of Deeds with reference to the Severo Sales in favor of respondent Leonilo Gonzales.
registration of deeds, encumbrances, instrument and the like is Severo Sales owned an unregistered parcel of land in Bugallon,
ministerial in nature. The acting register of deeds did not have any Pangasinan. Covered by Tax Declaration No. 5861, the property had
legal standing to file a motionfor reconsideration of the Judge’s Order an area of 5,733 square meters more or less. 1 On July 4, 1955,
directing him to cancel the notice of lis pendens. Sec. 10 of PD 1529 Sales mortgaged said property, together with two other parcels of
states that: “It shall be the duty of the register of deeds to land, to Faustina P. Agpoon and Jose Agpoon to secure the payment
immediately register an instrument presented for registration dealing of a loan in the amount of P2,240.00 payable on or about July 4,
with real or personal property which complies with all the requisites 1956. 2 On October 30, 1957, Tax Declaration No. 5861 was
for registration. canceled and in lieu hereof, Tax Declaration No. 13647 was issued
to Sales but the area of the property was stated therein as 5,229
If the instrument is not registerable, he shall forthwith deny square meters more or less. 3
registration thereof and in form the presentor or such denial in More than a year later, or on December 24, 1958, Sales, with the
writing, stating the ground and reasons therefore, and advising him consent of his wife, Margarita Ferrer, donated nine hundred (900)
of his right to appeal by consulta in accordance with Sec 117 of this square meters of the same property in favor of their daughter,
petitioner Esperanza Sales Bermudez. 4 The duly notarized deed of that the ratifying officer was, and still is, a municipal judge. The
donation was presented to the Assessor's Office on the day of its contention of plaintiff Severo Sales that he was made to sign the
execution. Hence, Tax Declaration No. 13647 was replaced by two document hurriedly by the deceased Ernesto Gonzales does not
tax declarations: Tax Declaration No. 13875 5 in the name of deserve credence, considering that he has affixed (sic) or signed the
Esperanza Sales Bermudez for the 900-square-meter lot donated to said Deed of Sale no less than three (3) times, together with his wife
her and Tax Declaration No. 13874 6 in the name of Sales covering and the other witnesses. Considering the interest of the plaintiff
the remaining portion or 4,339 square meters. Severo Sales and his wife in this case, it could not overthrow the
As a consequence of a case filed by Faustina P. Agpoon against testimony of the Notary Public ex-oficio Arturo V. Malazo. 15
Sales in the Court of First Instance of Pangasinan, sometime in Their motion for reconsideration having been denied. Sales and his
January 1959, the mortgaged property of Sales was set for daughter elevated the case to the Court of Appeals contending that
foreclosure. To prevent such foreclosure, Sales requested his friend, the lower court erred in upholding the validity of the deed of sale and
Ernesto Gonzales, to pay his total indebtedness of P2,700 to the in not considering the unschooled Sales as an illiterate executor
Agpoon spouses. 7Ernesto Gonzales acceded to the request and thereof. On December 19, 1974, the Court of Appeals 16 affirmed the
asked Sales and his wife to sign a document transferring the decision of the lower court but added that the petitioners shall pay,
mortgage to him. According to the Sales spouses, they were not jointly and severally, the amount of P1,000 as attorney's fees. Hence,
given a copy of said document. 8 Around a month later, Sales had the instant petition.
the land covered by Tax Declaration No. 5861 surveyed by a private Petitioners primarily invoke Art. 1332 of the Civil Code which
surveyor. 9 provides that when one of the parties to a contract is unable to read,
On February 3, 1959, a document entitled "Deed of Sale" between "or if the contract is in a language not understood by him, and
Severo Sales and Leonilo Gonzales was registered with the Register mistake or fraud is alleged, the person enforcing the contract must
of Deeds of Pangasinan. 10 show that the terms thereof have been fully, explained to the former."
In October 1968, Sales received a photostat copy of the deed of sale Petitioners contend that respondent Gonzales failed to prove that the
appearing to have been signed by him and his wife on January 29, contents of the deed of sale were ever explained to Sales, an
1959 before ex-officio Notary Public Arturo Malazo in San Manuel, illiterate. They also argue that granting that the deed of sale was
Tarlac. The document stated that the Sales spouses had sold the valid, the courts below failed to take into consideration the fact that
land described under Tax Declaration No. 5861 in consideration of the deed of donation was executed ahead of the deed of sale and
the amount of P4,000 to Leonilo Gonzales, son of Ernesto Gonzales. must not, therefore, be disregarded considering that with reference
In the Intestate Estate Proceedings of Ernesto Gonzales, (SP 42692) to unregistered lands, an earlier instrument prevails over a later one.
in the then Court of First Instance of Manila, the land in question was With regard to the issue of whether or not there was compliance with
claimed by respondent Leonilo Gonzales. Subsequently, upon the provision of Art. 1332 of the Civil Code, before said article may
submission of the Deed of Sale between Severo Sales and Leonilo be invoked, it must be convincingly established that the
Gonzales, the questioned land was excluded therefrom. 11 Said disadvantaged party is unable to read or that the contract involved in
parcel of land was declared by Leonilo Gonzales under Tax written in a language not understood by him. 17 It is the party
Declaration No. 12483. 12 invoking the benefits of Art. 1332 or Sales, who has the burden of
On November 7, 1968, Leonilo Gonzales filed an action for illegal proving that he really is unable to read or that English, the language
detainer against Sales before the Municipal Court of in which the deed of sale was written, is incomprehensible to him.
Bugallon. 13 Before the case could be tried, Sales and his daughter, Only after sufficient proof of such facts may the burden or proving
Esperanza Sales Bermudez filed in the Court of First Instance of that the terms of the contract had been explained to the
Tarlac, Branch III a complaint for annulment of the deed of sale disadvantaged party be shifted to the party enforcing the contract,
between Sales and Gonzales on the ground of fraud. Consequently, who, in this instance, is Leonilo Gonzales.
the municipal court suspended the illegal detainer proceedings The records of this case, however, show that although Sales did not
before it pending the outcome of the annulment case. go to school and knew only how to sign his name, 18 he and his wife
On October 27, 1969, the Court of First Instance 14 rendered a had previously entered into contracts written in English: first, when
decision finding that the allegation of fraud was not supported by Sales mortgaged his property to Faustina P. Agpoon and second,
convincing evidence. Its dispositive portion reads: when he donated a portion of the property involved to his daughter,
WHEREFORE, judgment is hereby rendered in favor of the petitioner Esperanza Sales Bermudez. 19 The court below also noted
defendant, and against the plaintiffs by: the fact that the signatures of the Sales spouses in the deed of sale
1. Ordering the dismissal of the complaint; showed the "striking features of the signatures of intelligent"
2. Declaring that the defendant is the lawful owner of the land individuals. Coupled with this is the fact that in court, the Sales
described in Exhibits "2" and "2-A" (same as Exh. "H") and is, spouses themselves admitted that the signatures on the deed of sale
therefore, entitled to the possession thereof; "looked like" their signatures. 20
3. Ordering the plaintiffs, jointly and severally, to pay the defendant But more revealing is the fact that the deed of sale itself, specifically
the sum of P2,000.00 by way of attorney's fees; and the notarial acknowledgment thereof, contains a statement that its
4. Ordering the plaintiffs, jointly and severally, to pay the costs. executors were known to the notary public to be the persons who
SO ORDERED. executed the instrument; that they were "informed by me (notary
The lower court noted that while plaintiffs counsel claimed that Sales public) of the contents thereof" and that they acknowledged to the
and his wife were illiterates, their signatures on each page of the notary public that the instrument was freely and voluntarily
two-page deed of sale revealed "striking features" of intelligence. executed. 21 When he testified at the hearing, notary public Arturo
The court added: Malazo stated, "I know Mr. Severo Sales and he appeared before me
Defendant's defense hinges on the fact that the Deed of Sale is when I notarized that document." Later, he added that "the document
valid, it having been properly executed and notarized, and is speaks for itself and the witnesses were there and those were the
therefore a public document, and carries weigh as provided for in persons present" (sic). 22 Thus, the stark denial of the petitioners,
Section 31, Rule 132 of the Rules of Court. Defendant likewise specially Sales, that he executed the deed of sale pales in the face
proved that the money paid by his father, Ernesto Gonzales was his. of Malazo's testimony because the testimony of the notary public
Arturo V. Malazo, the Notary Public ex-officio and Justice of the enjoys greater credence than that of an ordinary witness. 23
Peace, before whom the Deed of Sale was executed, testified The extrinsic validity of the deed of sale is not affected by the fact
personally in Court and confirmed the genuineness and validity of that while the property subject thereof is located in Bugallon,
the Deed of sale, together with the signatures appearing therein, Pangasinan where the vendors also resided, the document was
particularly those of the vendors Severo Sales and Margarita Ferrer, executed in San Miguel, Tarlac. What is important under the Notarial
and the witnesses thereto. The bare and naked assertions of the Law is that the notary public concerned has authority to acknowledge
plaintiff Severo Sales and his wife, could not offset the presumption the document executed within his territorial jurisdiction. 24 A notarial
of regularity as to the execution of the Deed of Sale, especially so, acknowledgment attaches full faith and credit to the document
concerned. 25 It also vests upon the document the presumption of registration even without the submission of certification from the
regularity unless it is impugned by strong, complete and conclusive DENR Secretary, and not the case of Rep. v. T.A.N, promulgated on
proof. 26 Such kind of proof has not been presented by the 26 June 2008, which categorically requires all applicants for land
petitioners. registration must present a copy of the original classification
While it seems improbable that Severo Sales sold the property approved by the DENR Secretary and certified true copy by the legal
described in Tax Declaration 5861 when in fact this had been custodian of the official records. The petioner appealed with the CA,
subsequently cancelled already by Tax Declaration 13875 in the however, the latter affirmed the decision of the RTC. Hence, this
name of Esperanza Sales Bermudez and by Tax Declaration No. instant case.
13874 in Severo Sales' name, one can hardly ascribe bad faith to ISSUE: Whether the certification by the CENRO is sufficient
respondent, for unlike a title registered under the Torrens System, a evidence to show that the subject parcel of land falls within the
tax declaration does not constitute constructive notice to the whole disposable and alienable lands of the public domain.
world. The issue of good faith or bad faith of a buyer is relevant only HELD:
where the subject of the sale is a registered land but not where the No.
property is an unregistered land. 27 Admittedly, we declared in Republic v. Vega that trial courts may
On the issue of whether or not the earlier deed of donation should grant applications for registration despite the absence of a
"prevail" over the deed of sale or be "recognized", petitioner certification from the DENR Secretary. It should be emphasized,
invokes Nisce v. Milo 28 and Estate of Mota v. Concepcion 29 which however, that Republic v. Vega applies on a pro hac vice basis only.
purportedly ruled that "with reference to unregistered lands, an After Republic v. Vega, we pointed out in Republic v. San Mateo 27
earlier instrument, be it a sale or that:
mortgage, prevails over a later one, and the registration of any one
of them is immaterial." 30 In Vega, the Court was mindful of the fact that the trial court rendered
The deed of donation explicitly provides that the land involved "has its decision on November 13, 2003, way before the rule on strict
not been registered neither under Act 496 nor under the Spanish compliance was laid down in T.A.N Properties on June 26, 2008.
Mortgage Law. The parties hereto have agreed to register this Thus, the trial court was merely applying the rule prevailing at the
document under Act 3344." 31Such agreement had to be expressly time, which was substantial compliance. Thus, even if the case
stipulated in the deed of donation 32 because under Act 3344, the reached the Supreme Court after the promulgation of T.A.N
Register of Deeds is not authorized to effect any registration unless Properties, the Court allowed the application of substantial
the parties have expressly agreed to register their transaction compliance, because there was no opportunity for the registrant to
thereunder. A perusal of the records shows, however, that the deed comply with the Court's ruling in T.A.N Properties, the trial court and
of donation was not registered at all. Besides, at the hearing, the CA already having decided the case prior to the promulgation of
petitioners failed to show any evidence proving registration. T.A.N Properties.
Petitioners' counsel even failed to secure a certification from the In the case here, however, the RTC Decision was only handed down
Register of Deeds of Pangasinan of its due registration as directed on November 23, 2010, when the rule on strict compliance was
by the trial judge. already in effect. Thus, there was ample opportunity for the
Hence, while the deed of donation is valid between the donor and respondents to comply with the new rule, and present before the
the donee thereby effectively transmitting the rights to said property RTC evidence of the DENR Secretary's approval of the DENR-South
from Sales to his daughter, such deed, however, did not bind Leonilo CENRO Certification. This, they failed to do.
Gonzales, a third party to the donation. This is because non-
registration of a deed of donation under Sec. 1 of Act No. 3344 does SECRETARY OF THE DENR vs. YAP
not bind other parties ignorant of a previous transaction, G.R. No. 173775, 8 October 2008
notwithstanding the provision therein which petitioners invoke that
"any registration made under this section shall be understood to be Facts
without prejudice to a third party with a better right" Petitioner The Court of Appeals affirmed RTC Kalibo’s decision to grant the
Esperanza Sales Bermudez may not be a considered a third petition for declaratory relief filed by Boracay Mayor Jose Yap et al.
party 33 being the daughter of the vendor himself and the "better to have a judicial confirmation of imperfect title or survey of land for
right" possessed by a third party refers to other titles which a party titling purposes for the land they have been occupying in Boracay.
might have acquired independently of the unregistered deed such as Yap et al alleged that Proclamation No. 1801 and PTA Circular No. 3-
title by prescription. 34 82 raised doubts on their right to secure titles over their occupied
We take note of the fact that while the Deed of Donation was not lands. They declared that they themselves, or through their
registered, the Deed of Sale was registered as evidenced by the predecessors-in-interest, had been in open, continuous, exclusive,
notation made by Cipriano Abenojar, Register of Deeds of Lingayen, and notorious possession and occupation in Boracay since June 12,
Pangasinan 35 and the official receipt issued by the Registry of 1945, or earlier since time immemorial. They declared their lands for
Deeds. 36 tax purposes and paid realty taxes on them. Later in 2006, President
Finally, we cannot be convinced that it is useless to register deeds or Arroyo issued Proclamation No. 1064 classifying Boracay Island into
instruments affecting unregistered lands because the books of 400 hectares of reserved forest land and 628.96 hectares of
registration provided under Section 194 of the Revised agricultural land (alienable and disposable).
Administrative Code as Amended by Act 3344 continue to remain in Issue
force even to this day. In fact, under Section 3 of Presidential Decree Whether Proclamation No. 1801 and PTA Circular No. 3-82 pose any
No. 1529, instruments dealing with unregistered lands can still be legal obstacle for respondents, and all those similarly situated, to
registered. 37 acquire title to their occupied lands in Boracay Island.
WHEREFORE, the decision of the Court of Appeals is hereby Ruling
AFFIRMED. Costs against the petitioners. SO ORDERED. The SC ruled against Yap et al. and Sacay et al.
REPUBLIC OF THE PHILIPPINES v. JOSEFINO O. ALORA and Yes, because the Philippine Bill of 1902, Act No. 926, and
OSCAR O. ALORA, G.R. No. 210341, July 1, 2015 Proclamation No. 1801 did not convert
portions of Boracay Island into an agricultural land. The island
FACTS: On 6 June 2010, the respondents file a verified application remained an unclassified land of the public domain and, applying the
for registration of title before the RTC. Among other pieces of Regalian doctrine, is considered State property. The Regalian
evidence, the respondents presented the certification of CENRO that Doctrine dictates that all lands of the public domain belong to the
the land applied for registration in an alienable and disposable land. State, that the State is the source of any asserted right to ownership
The RTC granted the application and further ruled that the applicable of land and charged with the conservation of such patrimony. All
jurisprudence is the case of Republic v. Serrano promulgated on 24 lands that have not been acquired from the government, either by
February 2010, wherein the SC allowed the approval of a land purchase or by grant, belong to the State as part of the inalienable
public domain. sold whatever rights and interests he may
Private claimants’ bid for judicial confirmation of imperfect title, have on Lot No. 885 to Angel Alpasan.
relying on the Philippine Bill of 1902, Act No. 926, and Proclamation Alpasan also filed an opposition, claiming that
No. 1801, must fail because of the absence of the second he is entitled to have said lot registered in his
element of alienable and disposable land. Their entitlement to a name.
government grant under our present Public Land Act presupposes After trial, the Court of First Instance of Capiz
that the land possessed and applied for is already alienable and adjudicated 117,956 square meters to
disposable. Where the land is not alienable and disposable, EmeterioBereber and the rest of the land
possession of the land, no matter how long, cannot confer ownership containing 527,747 square meters was
or possessory rights. adjudicated in the proportion of 5/6 share to
It is plain error for petitioners to argue that under the Philippine Bill of Angel Alpasan and 1/6 share to
1902 and Public Land Act No. 926, mere possession by private MelquiadesBorre.
individuals of lands creates the legal presumption that the lands are Only the Heirs of Jose Amunategui and the
alienable and disposable. Director of Forestry filed their respective
Except for lands already covered by existing titles, Boracay was an appeals with the Court of Appeals
unclassified land of the public domain prior to Proclamation No. The Court of Appeals dismissed all
1064. Such unclassified lands are considered public forest under PD oppositions except the Director of Forestry
No. 705.
The private claimants cannot apply for judicial confirmation of III. Theories of the Parties
imperfect title under Proclamation No. 1064, with respect to those Heirs of Jose Amunategui maintain that Lot No. 885 cannot
lands which were classified as agricultural lands. Private claimants be classified as forest land because it is not thickly forested
failed to prove the first element of open, continuous, exclusive, but is a "mangrove swamp."
and notorious possession of their lands in Boracay since June Director of Forestry claims that the land was mangrove
12, 1945. swamp which was still classified as forest land and part of
the public domain.
IV. Objectives
AMUNATEGUI vs DIRECTOR OF FORESTRY Petitioners – To confirm and register the land to their name
I. Parties: Respondents – To oppose such registration because such
Petitioners land is part of the Public Domain
o HEIRS OF JOSE AMUNATEGUI G.R. No. L- V. Key Facts
27873 The parcel of land sought to be registered is known as Lot
o ROQUE BORRE and ENCARNACION No. 885 of the Cadastral Survey of Pilar, Capiz, and has an
DELFING.R. No. L-30035 area of 645,703 square meters
Respondents The petitioners argue that no big trees classified in section
o DIRECTOR OF FORESTRYG.R. No. L-27873 1821 of the said Code as first, second and third groups are
o ANGEL ALPASAN, HEIRS OF MELQUIADES found on the land in question
BORRE, EMETERIO BEREBER and HEIRS OF The petitioners furthermore contend that Lot 885 even if it
JOSE AMUNATEGUI and THE CAPIZ COURT is a mangrove swap is still subject to land registration
OF FIRST INSTANCEG.R. No. L-30035 proceedings because the property has been in actual
possession of private persons for many years and
II. Prior Proceedings: therefore, said land was already private land better
Two petitions for review on certiorari before adapted and more valuable for agricultural than for forest
the SC questions the decision of the Court of purposes and not required by the public interests to be
Appeals which declared the disputed property kept under forest classification
as forest land VI. Issue
two petitions have their genesis in an WON Lot No. 885 is public forest land
application for confirmation of imperfect title VII. Ruling
and its registration filed with the Court of First The petition is without merit.
Instance of Capiz. VIII. Ratio Decidendi
RoqueBorre, petitioner in G.R. No, L-30035, The disputed lot no. 885 is part of public domain, classified as public
and MelquiadesBorre, filed the application for forest land, not capable of registration in the names of the private
registration. applicants.
the heirs of Jose Amunategui, petitioners in A forested area classified as forest land of the public domain does
G.R. No. L-27873 filed an opposition to the not lose such classification simply because loggers or settlers may
application of Roque and MelquiadesBorre. have stripped it of its forest cover. Parcels of land classified as forest
They prayed that the title to a portion of Lot land may actually be covered with grass or planted to crops by
No. 885 of PilarCadastre containing 527,747 kaingin cultivators or other farmers. "Forest lands" do not have to be
square meters be confirmed and registered in on mountains or in out of the way places. Swampy areas covered by
the names of said Heirs of Jose Amunategui. mangrove trees, nipa palms, and other tress growing in brackish or
Director of Forestry, through the Provincial sea water may also be classified as forest land. The classification is
Fiscal of Capiz, also filed an opposition to the descriptive of its legal nature or status and does not have to be
application for registration of title claiming that descriptive of what the land actually looks like. Unless and until the
the land was mangrove swamp which was still land classified as "forest" is released in an official proclamation to
classified as forest land and part of the public that effect so that it may form part of the disposable agricultural lands
domain of the public domain, the rules on confirmation of imperfect title do
EmeterioBereber filed his opposition insofar not apply.
as a portion of Lot No. 885 containing 117,956 The fact that no trees enumerated in Section 1821 of the Revised
square meters was concerned and prayed Administrative Code are found in Lot No. 885 does not divest such
that title to said portion be confirmed and land of its being classified as forest land, much less as land of the
registered in his name public domain. The appellate court found that in 1912, the land must
During trial, applicant-petitioner RoqueBorre have been a virgin forest as stated by EmeterioBereber’s witness
DeograciasGavacao, and that as late as 1926, it must have been a and –controlled corporation which is the primary implementing
thickly forested area as testified by Jaime Bertolde. The opposition of agency of the National Government to reclaim foreshore and
the Director of Forestry was strengthened by the appellate court’s submerged lands of the public domain. By virtue of a Special Patent
finding that timber licenses had to be issued to certain licensees and issued by President Corazon Aquino, the Register of Deeds of the
even Jose Amunategui himself took the trouble to ask for a license to Paranaque, in April 1988, issued certificates of title, in the name of
cut timber within the area. It was only sometime in 1950 that the PEA, covering three reclaimed islands known as the Freedom
property was converted into fishpond but only after a previous Islands located at the southern portion of the Manila-Cavite Coastal
warning from the District Forester that the same could not be done Road, Paranaque City. The Freedom Islands have a total land area
because it was classified as "public forest." of 157.841 hectares.
IX. Disposition
WHEREFORE, the petitions in G. R. No.L-30035 and G. R. No. L- In April 1995, PEAentered into a Joint Venture Agreement (JVA) with
27873 are DISMISSED for lack of merit. Costs against the AMARI, a private corporation, to develop the Freedom Islands. The
petitioners. JVA also required the reclamation of an additional 250 hectares
ofsubmerged areas surrounding these islands to complete the
Montano v. The Insular Government configuration in the Master Development Plan of the Southern
ISABELO MONTANO Y MARCIAL vs. THE INSULAR Reclamation Project-Manila Cavite Coastal Road Reclamation
GOVERNMENT, ET AL. Project. The JVA was later amended giving AMARI an option to
reclaim an additional 350 hectares of submerged area. Part of the
Facts: : consideration for AMARI’s work is the conveyance of 70% of the total
Isabelo Montano presented a petition to the Court of Land net usable reclaimed area – equivalent to 367.5 hectares, title of
Registration for the inscription of a piece of land in the barrio of Libis, which will be in AMARI’s name.
municipality of Caloocan, used as a fishery having a superficial area
of 10,805 square meters, and bounded as set out in the petition; its
value according to the last assessment being $505.05, United States Issue: Whether or not AMARI, a private corporation, can acquire and
currency. This petition was opposed by the Solicitor-General in own under the Amended JVA 367.5 hectares of reclaimed foreshore
behalf of the Director of Lands, and by the entity known asObras and submerged areas in Manila Bay
Pias de la Sagrada Mitra, the former on the ground that the land in
question belonged to the Government of the United States, and the
latter, that it was the absolute owner of all the dry land along the Held:No. AMARI as a private corporation cannot acquire the
eastern boundary of the said fishery. The Court of Land Registration reclaimed Freedom Islands, though alienable lands of the public
in its decision of December 1, 1906, dismissed the said oppositions domain, except by lease, as provided under Section 3, Article XII of
without costs and decreed, after a general entry by default, the the Constitution. The still submerged areas (i.e., the more or less
adjudication and registration of the property described in the petition, additional 250 and 350 hectares of submerged areas) in Manila Bay
in favor of Isabelo Montano y Marcial. From this decision only are inalienable lands of the public domain; as such, they are beyond
counsel for the Director of Public Lands appealed to this court. and the commerce of man, as provided under Section 2, Article XII of the
precisely Isabelo Montano sought title thereon on the strength of 10 Constitution.
years' occupation pursuant to paragraph 6, section 5 of Act 926 of
the Philippine Commission The reclaimed Freedom Islands: The assignment to PEA of the
ownership and administration of the reclaimed areas in Manila Bay,
Issue: coupled with President Aquino’s actual issuance of a special patent
Whether or not the land in question can be acquired by Montano covering the Freedom Islands, is equivalent to an official
proclamation classifying the Freedom Islands as alienable or
Held: disposable lands of the public domain. They also constitute a
Accordingly, "government land" and "public domain" are not declaration that the Freedom Islands are no longer needed for public
synonymous items. The first includes not only the second, but also service. The Freedom Islands are thus alienable or disposable lands
other lands of the Government already reserved or devoted to public of the public domain, open to disposition or concession to qualified
use or subject to private right. In other words, the Government owns parties.
real estate which is part of the "public lands" and other real estate
which is not part thereof. Government property was of two kinds — The submerged areas: The mere reclamation of foreshore and
first, that of public use or service, said to be of public ownership, and submerged areas by PEA does not convert these inalienable natural
second, that of having a private character or use. (Civil Code, arts. resources of the State into alienable or disposable lands of the public
339 and 340.) Lands of the first class, while they retain their public domain. There must be a law or presidential proclamation officially
character are inalienable. Those of the second are not. Therefore, classifying these reclaimed lands as alienable or disposable and
there is much real property belonging to the Government which is not open to disposition or concession. Moreover, these reclaimed lands
affected by statutes for the settlement, prescription or sale of public cannot be classified as alienable or disposable if the law has
lands. Examples in point are properties occupied by public buildings reserved them for some public or quasi-public use.
or devoted to municipal or other governmental uses.
PEA’s authority to sell:In order for PEA to sell its reclaimed foreshore
It is settled that the general legislation of Congress in respect to and submerged alienable lands of the public domain, there must be
public lands does not extend to tide lands. It provided that the scrip legislative authority empowering PEA to sell these lands, in view of
might be located on the unoccupied and unappropriated public lands. the requirement under CA No.141. Without such legislative authority,
As said inNewhall vs. Sanger(92 U.S. 761, 763.) A marshland which PEA could not sell but only lease its reclaimed foreshore and
is inundated by the rise of tides belong to the State and is not submerged alienable lands of the public domain. PEA’s Charter
susceptible to appropriation by occupation, has no application in the grants it such express legislative authority to sell its lands, whether
present case inasmuch as in said case the land subject matter of the patrimonial or alienable lands of the public domain. Nevertheless,
litigation was not yet titled any legislative authority granted to PEA to sell its reclaimed alienable
lands of the public domain would be subject to the constitutional ban
Chavez vs PEA and Amari Coastal Bay Development
on private corporations from acquiring alienable lands of the public
Corporation
domain. Hence, such legislative authority could only benefit private
G.R. No. 133250. July 9, 2002
individuals.
Facts:Public EstatesAuthority (PEA) is a wholly government-owned
Registration of alienable lands of the public domain:Registration of
land under Act No. 496 or PD No. 1529 does not vest in the conveyance, is annotated on one copy and not on the others. If
registrant private or public ownership of the land. Registration is not different copies were permitted to carry different annotations, the
a mode of acquiring ownership but is merely evidence of ownership whole system of Torrens registration would cease to be available.
previously conferred by any of the recognized modes of acquiring
ownership. Registration does not give the registrant a better right Since the property subject of donation is also presumed conjugal,
than what the registrant had prior to the registration. The registration that is, property of donor Cornelio and his deceased wife Nemesia
of lands of the public domain under the Torrens system, by itself, Mina, “there should first be a liquidation of the partnership before the
cannot convert public lands into private lands. Jurisprudence holding surviving spouse may make such a conveyance.” Assuming the
that upon the grant of the patent or issuance of the certificate of title conjugal nature of the property, the donation bears on its face an
the alienable land of the public domain automatically becomes infirmity which justified the denial of registration, namely, the fact that
private land cannot apply to government units and entities like PEA. 2/3 portion of the property which Cornelio donated was more than ½
his share, not to say more than what remained of such share after
Lands registered under Act No. 496 or PD No. 1529 are not he had sold portions of the same land to 3 other parties.
exclusively private or patrimonial lands. Lands of the public domain
may also be registered pursuant to existing laws.Several laws Pending the resolution of a separate case, wherein Cornelio’s civil
authorize lands of the public domain to be registered under the status, character of land and validity of conveyances are in issue, the
Torrens System or Act No. 496, now PD No. 1529, without losing registration may await the outcome of said case and parties may
their character as public lands. For instance, protect their rights by filing the proper notices of lis pendens.
- Under the Revised Administrative Code of 1987, private SM Prime Holdings v. Madayag. G.R. No. 164687. February 12,
property purchased by the National Government for expansion of an 2009
airport may be titled in the name of the government agency tasked to Facts: Madayag filed with the RTC of Pangasinan an application for
administer the airport. Private property donated to a municipality for registration of a parcel of land situated in Urdaneta City, Pangasinan.
use as a town plaza or public school site may likewise be titled in the SM Prime Holdings, Inc. (SM) filed an opposition to the application
name of the municipality. All these properties become properties of alleging that Madayag’s survey plan encroached from their
the public domain, and if already registered under Act No. 496 or PD properties. Meanwhile, SM filed with the DENR a petition for the
No. 1529, remain registered land. There is no requirement or cancellation of Madayag’s survey plan. SM filed a Motion to Suspend
provision in any existing law for the de-registration of land from the Proceedings, alleging that the RTC should await the DENR
Torrens System. resolution of the petition for the cancellation of the survey plan. The
RTC issued an Order granting the Motion. Madayag filed a petition
- Private lands taken by the Government for public use under for certiorari with the CA assailing the RTC Order. CA granted the
its power of eminent domain become unquestionably part of the petition ordering the RTC to continue proceedings. Thus, SM filed
public domain. Nevertheless, Section 85 of PD No. 1529 authorizes this Petition for Review.
the Register of Deeds to issue in the name of the National
Government new certificates of title covering such expropriated Issue: Whether the RTC should suspend the proceedings in the land
lands. registration case pending the resolution of the petition for the
cancellation of Madayag’s survey plan filed with the DENR.
BALBIN V. REGISTER OF DEEDS Ruling: There is no need to suspend the proceedings. When the law
Where several co-owner’s duplicate of certificates of titles are confers jurisdiction upon a court, the latter is deemed to have all the
issued, a voluntary instrument cannot be registered without necessary powers to exercise such jurisdiction to make it effective. It
surrendering all the copies to the Register of Deeds so that every may, therefore, hear and determine all questions that arise from a
copy of thereof would contain identical entries of the transactions petition for registration. The RTC need not wait for the decision of the
affecting the land covered. DENR in the petition to cancel the survey plan in order to determine
whether the subject property is already titled or forms part of already
FACTS: titled property. Petition is denied. The RTC is directed to continue
Petitioners Aurelio and Francis Balbin presented to the Ilocos Sur with the proceedings.
register of deeds a duplicate copy of the registered owner’s
certificate of title and a deed of donation inter-vivos, requesting that REPUBLIC VS. CA AND NAGUIT
the latter be annotated on the title. The registered owner Cornelio G. R. No.144057 January 17, 2005
Balbin appears to have donated inter-vivos 2/3 portion of the land. Tinga, J.
The register of deeds denied the requested annotation for being
“legally defective or otherwise not sufficient in law.” It appears that FACTS:
previously annotated in the memorandum of encumbrances on the Corazon Naguit filed a petition for registration of title which
OCT are three separate sales earlier executed by Cornelio Balbin in seeks judicial confirmation of her imperfect title over a parcel of land
favor of Florentino Gabayan, Roberto Bravo and Juana Gabayan, in Nabas, Aklan. It was alleged that Naguit and her predecessors-in-
who each received their co-owner’s duplicate CTs. Mainly because interest have occupied the land openly and in the concept of owner
these 3 co-owner’s copies of CTs had not been presented by without any objection from any private person or even the
petitioners, the register of deeds refused to make the requested government until she filed her application for registration. The MCTC
annotation. Petitioners referred the matter to the Commissioner of rendered a decision confirming the title in the name of Naguit upon
Land Registration, who upheld the action of the Register of Deeds in failure of Rustico Angeles to appear during trial after filing his formal
a resolution. opposition to the petition.
• Due to constant heavy rains and flood, water from REPUBLIC vs.CA G.R. No. L-61647 October 12, 1984
the creek overflowed and destroyed the irrigation canal located at the FACTS: This is a petition for certiorari to set aside the decision of the
north of the property in dispute. In order to minimize the damage to respondent Court of Appeals.
the irrigation canal, the National Irrigation Administration (NIA) Respondents Benjamin Tancinco, AzucenaTancinco Reyes, Marina
diverted the course of the creek so rain water will not go directly to (should be "Maria") Tancinco Imperial and Mario C. Tancinco are
the irrigation canal. registered owners of a parcel of land covered by Transfer Certificate
of Title No. T-89709 situated at Barrio Ubihan, Meycauayan, Bulacan
• As a result, the course of the creek which originally bordering on the Meycauayan and Bocaue rivers.
ran from south to north and which used to separate the respective On June 24, 1973, the private respondents filed an application for
properties of the parties was instead diverted to run from south to the registration of three lots adjacent to their fishpond property. On
northwest, passing through the middle portion of the respondents' April 5, 1974, Assistant Provincial Fiscal Amando C. Vicente, in
property and resulting to the formation of a new creek representation of the Bureau of Lands filed a written opposition to the
• The portion segregated by the new creek, application for registration.
consisting of 1,336.5 square meters, is the strip of land subject of On March 6, 1975, the private respondents filed a partial withdrawal
this controversy. of the application for registration with respect to Lot 3 of Plan Psu-
131892 in line with the recommendation of the Commissioner
• In 1976, Manuel Leonen saw the carabao of appointed by the Court.On March 7, 1975, Lot 3 was ordered
petitioner Alejandro Pang-oden devouring the Leonens' sugar cane withdrawn from the application and trial proceeded only with respect
crops planted on the property in question. It was then that Manuel to Lots 1 and 2 covered by Plan Psu-131892.On June 26, 1976, the
Leonen discovered that petitioners had encroached on the 1,336.5- lower court rendered a decision granting the application on the
square meter portion of their property and had in fact occupied the finding that the lands in question are accretions to the private
same. respondents' fishponds covered by Transfer Certificate of Title No.
89709.
• Despite Repeated demands from respondents, On July 30, 1976, the petitioner Republic appealed to the respondent
Alejandro Pang-oden refused to surrender possession of said land. Court of Appeals.On August, 19, 1982, the respondent Court
So the respondents filed a complaint for the Recovery of Possession rendered a decision affirming in toto the decision of the lower court.
Based on Ownership. The dispositive portion of the decision reads: DAHIL DITO,
anghatolnainiakyat ay sinasangayunan at
• Petitioners contend that no new creek was created pinagtitibaysakanyangkabuuannangwalangbayad.
and that the present creek is the same creek which bounds their
property on the west, thus making them the owners of the property in The petitioner submits that there is no accretion to speak of under
question. Article 457 of the New Civil Code because what actually happened is
that the private respondents simply transferred their dikes further
• RTC and CA ruled in favor of the Leonens and down the river bed of the Meycauayan River, and thus, if there is any
ordered the Pang-odens to vacate said lot. Thus this petition. accretion to speak of, it is man-made and artificial and not the result
of the gradual and imperceptible sedimentation by the waters of the
Issue: Who between the petitioners and the respondents, own the river.
strip of land subject of the suit.|||
On the other hand, the private respondents rely on the testimony of
Ruling: Mrs. Virginia Acuña to the effect that:
The SC ruled that the owners of the subject strip of Land are the ... when witness first saw the land, namely, Lots 1 & 2, they were
respondents herein. already dry almost at the level of the Pilapil of the property of Dr.
The CA and the trial court relied on the testimonies of two (2) Tancinco, and that from the boundaries of the lots, for about two (2)
disinterested witnesses: Gregorio Libao, a retired employee of the arms length the land was still dry up to the edge of the river; that
NIA, and Anacleto Dicta-an, a resident of Sudipen, La Union. Both sometime in 1951, a new Pilapil was established on the boundaries
testified as to the existence of an old creek which served as the of Lots 1 & 2 and soil from the old Pilapil was transferred to the new
common boundary of the respective properties of the parties, and of Pilapil and this was done sometime in 1951; that the new lots were
the subsequent diversion of the creek to its present position which then converted into fishpond, and water in this fishpond was two (2)
now cuts through the middle portion of the respondents' property. meters deep on the side of the Pilapil facing the fishpond ... .
The witnesses' testimonies were amply supported by the report and
sketch plan prepared by the court-appointed commissioner, which The private respondents submit that the foregoing evidence
revealed the existence of an old creek running from south to north, establishes the fact of accretion without human intervention because
and the creation of a new creek from south to northwest. the transfer of the dike occurred after the accretion was complete.
According to Article 434 of the Civil Code: "In an action to recover,
the property must be identified, and the plaintiff must rely on the ISSUE:Whether or not the subject land is registrable as an accretion.
strength of his title and not on the weakness of the defendant's
claim." RULE:
Hence, in order that an action for the recovery of property may We agree with the petitioner.Article 457 of the New Civil Code
prosper, it is indispensable that the party who prosecutes it must fully requires the concurrence of three requisites before an accretion
prove, not only his ownership of the thing claimed, but also the covered by this particular provision is said to have taken place. They
identity of the same. are (1) that the deposit be gradual and imperceptible; (2) that it be
made through the effects of the current of the water; and (3) that the
The evidence presented in this case showed that the property land where accretion takes place is adjacent to the banks of
subject of the dispute rightfully belongs to the respondents, as it was rivers.The requirement that the deposit should be due to the effect of
established that the same is part of the parcel of land declared under the current of the river is indispensable. This excludes from Art. 457
the name of respondents' predecessor-in-interest, Dionisio Leonen. of the New Civil Code all deposits caused by human intervention.
Indeed, the verification survey of the contested property conducted Alluvion must be the exclusive work of nature. In the instant case,
by Juvenal Quitoriano, a geodetic engineer, revealed that it was in there is no evidence whatsoever to prove that the addition to the said
property was made gradually through the effects of the current of the nonexistent. The “subject land” is an alluvial deposit left by the
Meycauayan and Bocaue rivers. northward movement of the Cagayan River and pursuant to NCC
457:
There is evidence that the alleged alluvial deposits were artificial and
man-made and not the exclusive result of the current of the “To the owners of land adjoining the banks of river belong the
Meycauayan and Bocaue rivers. The alleged alluvial deposits came accretion which they gradually receive from the effects of the current
into being not because of the sole effect of the current of the rivers of the waters.”
but as a result of the transfer of the dike towards the river and
encroaching upon it. The land sought to be registered is not even dry However, it should be noted that the area covered by OCT No.
land cast imperceptibly and gradually by the river's current on the P-19093 is only 4,584 m2. The accretion attached to said land is
fishpond adjoining it. It is under two meters of water. approximately 5.5 hectares. The increase in the area of petitioners’
land, being an accretion left by the change of course or the
The reason behind the law giving the riparian owner the right to any northward movement of the Cagayan River does not automatically
land or alluvion deposited by a river is to compensate him for the become registered land just because the lot which receives such
danger of loss that he suffers because of the location of his land. accretion is covered by a Torrens title. (Grande v. CA, 1962). As
such, it must also be placed under the operation of the Torrens
The instant petition is GRANTED. The decision appealed from is System. Petition granted. IAC reversed.
hereby REVERSED and SET ASIDE. The private respondents are
ordered to move back the dikes of their fishponds to their original OFFICE OF THE CITY MAYOR OF PARAÑAQUE CITYv. MARIO D.
location and return the disputed property to the river to which it EBIO AND HIS CHILDREN/HEIRS
belongs. G.R. No. 178411 June 23, 2010
FAUSTINO IGNACIO, applicant-appellant,vs. THE DIRECTOR OF Last! Ignacio said that he had acquired the parcel of land
LANDS and LAUREANO VALERIANO, oppositors-appellees. through acquisitive prescription, having possessed the same for over
ten years.BUT the land of the public domain is not subject to
TOPIC: Class 5 - Judicial Confirmation of Imperfect or Incomplete ordinary prescription.
Title under the Public Land Act
INTERNATIONAL HARDWOOD AND VENEER COMPANY OF THE
FACTS: PHILIPPINES v. UP
1. January 25, 1950 - Ignacio filed an application for the August 13, 1991
registration of a parcel of land (mangrove), situated in barrio Davide, Jr., J
Gasac, Navotas, Rizal (37,877sqm). Luciano, Noel Christian O.
2. Later, Ignacio amended his application by alleging that he
owned the parcel applied for by right of accretion. SUMMARY: International Hardwood was the grantee of a License
3. The Director of Lands and a certain Velrianoopposed. Agreement effective until 1985. On 1961, Proc. 791 segregates
4. Director of Lands: from the public domain parcels of land and reserved them for use
a)theland applied for as a portion of the public domain, for by UP. The land subject of Hardwood’s timber concession was
the reason that neither the applicant nor his predecessor-in- covered by said Proclamation. On 1964, RA 3990 was enacted
interest possessed sufficient title, fully ceding ownership over the land described in Proc. 791 to UP.
b) not acquired it either by composition title from the UP sought to collect forestry charges from Hardwood and
Spanish government or by possessory information title under the demanded that the latter subject itself to the control and
Royal Decree of February 13, 1894; supervision of UP. Hardwood resisted and filed a petition for
b) thathe had not possessed the same openly, continuously declaratory relief.
and adversely under a bona fide claim of ownership since July
26, 1894. The SC held that UP has the right to enjoy and dispose of the thing
5. Valeriano: holds the land by virtue of a permit granted him without other limitations than those established by law. In this case,
by the Bureau of Fisheries, issued on January 13, 1947, that exception is made for Hardwood as licensee or grantee of the
and approved by the President. concession, which has been given the license to cut, collect, and
6. It is not disputed that the subject land adjoins a parcel remove timber from the area ceded and transferred to UP until
owned by Ignacio which he had acquired from the February 1985. However, Hardwood has the correlative duty and
Government by virtue of a free patent title in 1936. It has obligation to pay the forest charges or royalties to the new owner,
also been established that the parcel in question was UP
formed by accretion and alluvial deposits caused by the
action of the Manila Bay which boarders it on the DOCTRINE: The Philippines relinquished and conveyed its rights
southwest. over the area to UP. Thus, UP became the owner of the land,
7. Ignacio: he had occupied the land since 1935, planting it subject only to existing concession. Since there is an express
with api-api trees, and that his possession had been proviso on existing concessions, this means that the right of
continuous, adverse and public for a period of 20 yrs. until Hardwood as a timber licensee must not be affected, impaired, or
the possession was distributed by oppositorValeriano. diminished; it must be respected BUT insofar as the Government is
8. The Director of Lands sought to prove that the parcel is concerned, all its rights as grantor of the license were effectively
foreshore land, covered by the ebb and flow of the tide assigned, ceded and conveyed to U.P
and, therefore, formed part of the public domain.
9. CFI of Rizal: In favor of the Director of Lands. Having been effectively segregated and removed from the public
10. Hence, this case. domain or from a public forest and, in effect, converted into a
registered private woodland, the authority and jurisdiction of the
ISSUE: WON the subject land is owned by Ignacio? NO! Bureau of Forestry over it were likewise terminated. BIR also lost
authority to measure the timber cut from the subject area and to
HELD:Ignacio contends that the parcel belongs to him by the law of collect forestry charges and other fees thereon because of this full
accretion, having been formed by gradual deposit by action of the
transfer. 2. UP is vested with administrative jurisdiction over
and has ownership over the land in question. Thus,
FACTS: International Hardwood is engaged in the manufacture, it acquired full control and benefit of the timber and
processing, and exportation of plywood. It was granted by the other resources in the area
Government an exclusive license for 25 years expiring on Feb 1985 3. UP is entitled to the income derived from the tract
to cut, collect and remove timber from a timber land in the provinces of land ceded to it by RA 3990
of Quezon and Laguna. 4. UP is duty bound to operate and maintain a central
experiment station
Sometime on 1961, during the effectivity of the License Agreement, 5. Supervision of the License Agreement in favor of
the President issued Executive Proclamation No. 791. Under this Hardwood by UP was intended by RA 3990
proclamation, certain parcels of land of the public domain in Quezon 6. BIR and the Bureau Of Forestry issued specific
and Laguna were withdrawn from sale or settlement and were rulings recognizing the authority of UP to collect
reserved for the UP College of Agriculture as experiment station for royalties and charges
the college. B. Hardwood contends:
1. UP has not been granted by RA 3990 the authority
On 1964, still during the effectivity of the License Agreement, RA to collect forest charges or the authority to
3990 was enacted establishing a central experiment station for UP supervise the operation of the timber concession
for the colleges of agriculture, veterinary medicine, arts and 2. Cession of the land was expressly made subject to
sciences. Under RA 3990 the land described in Proc. 791 was fully any concession, if any
cede to UP, subject to any existing concessions, if any. 3. Rulings of BIR and Bureau of Forestry are
incorrect
On the strength of RA 3990, UP demanded from Hardwood: 4. It has acquired vested right to operate the timber
1. Payment of forest charges due and demandable under the concession under the supervision and control of
License Agreement to UP, instead of the BIR the Bureau of Forestry
2. That the sale of any timber felled or cut by Hardwood within
the land described in RA 3990 be performed by UP II. Discussion on the effect of the laws
personnel A. The laws:
1. Under Proc. 791 – a parcel of land of the public
However, despite repeated demands, Hardwood refused to accede domain was withdrawn from sale or settlement and
to UP’s demands. was reserved for the UP College of Agriculture as
experiment station, subject to private rights, if any
International Hardwood filed before the CFI a petition for declaratory 2. Under RA 3990 – the very same lot referred to in
relief seeking a declaration that UP does NOT have the right to: Proc. 791 was ceded fully to UP, subject to any
1. Supervise and regulate the cutting and removal of timber existing concessions, if any
and other forest products, B. Effect of the laws on the concession of Hardwood:
2. Scale, measure and seal the timber cut and/or 1. When RA 3990 ceded the property to UP, the
3. Collect forest charges, reforestation fees and royalties from Philippines completely removed it from the public
Hardwood and/or domain and segregated the areas covered by the
4. Impose any other duty or burden upon the latter in that timber license from the public forest
portion of its concession covered by a License Agreement, 2. The Philippines relinquished and conveyed its
ceded in full ownership to UP by RA 3990 rights over the area to UP
a. Thus, UP became the owner of the land,
Hardwood also prayed for an injunction and P100,000 in damages. subject only to existing concession
3. Since there is an express proviso on existing
UP filed its Answer: concessions, this means that the right of
1. Interposed affirmative defenses of improper venue and that Hardwood as a timber licensee must not be
the petition states no cause of action affected, impaired, or diminished; it must be
2. Set up counterclaim for payment of forest charges on the respected
forest products cut and felled within the area ceded to UP 4. BUT insofar as the Government is concerned, all
under RA 3990 its rights as grantor of the license were effectively
assigned, ceded and conveyed to UP
CFI DECISION: CFI rendered judgment in favor of Hardwood: a. Having been effectively segregated and
1. RA 3990 does not empower UP to scale, measure, and seal removed from the public domain or from a
the timber cut by International Hardwood within the tract of public forest and, in effect, converted into a
land and collect the corresponding charges prescribed by registered private woodland, the authority and
NIRC jurisdiction of the Bureau of Forestry over it
2. Dismissed UP’s counterclaim were likewise terminated
b. BIR also lost authority to measure the timber
CA DECISION: Elevated the case to the SC as the case involves cut from the subject area and to collect
purely legal questions. forestry charges and other fees thereon
because of this full transfer.
ISSUE: WON UP as owner had the right to scale, measure, and seal
the timber cut by Hardwood and collect forestry charges thereon. III. As owner, UP has the right to enjoy and dispose of the
thing without other limitations than those established by
HELD: YES, by virtue of the full cession of ownership to UP. law. In this case, that exception is made for Hardwood
as licensee or grantee of the concession, which has
I. Arguments of the Parties been given the license to cut, collect, and remove
A. UP asserts that: timber from the area ceded and transferred to UP until
1. Under RA 3990, the Philippines may effect February 1985.
collection of forest charges through UP because A. However, Hardwood has the correlative duty and
the License Agreement does not expressly provide obligation to pay the forest charges or royalties to the
that they be paid to the BIR new owner, UP
B. Thus, the charges should not be paid to the REPUBLIC v CA & CENIZA
Government but to UP. G.R. No. 127060. November 19, 2002
C. It follows then that respondent UP is entitled to YNARES-SANTIAGO, J.:
supervise, through its duly appointed personnel, the
logging, felling and removal of timber within the area FACTS:
covered by R.A. No. 3990 On November 4, 1986, private respondents applied for registration of
their respective titles over the property they inherited from
DISPOSITIVE: Judgment is rendered reversing the decision of the ApolinarCeniza (the declared owner in 1948), with the RTC of
trial court. Thus: Mandaue City. Petitioner Republic of the Philippines, represented by
1. Forest charges due from and payable by petitioner for the Office of the Solicitor General opposed the application. RTC
timber cut pursuant to its License Agreement within the area granted the application. This was affirmed by the CA by ruling that
ceded and transferred to UP pursuant to R.A. No. 3990 mere possession of public land for the period required by law would
shall be paid to UP; entitle its occupant to a confirmation of imperfect title.
2. UP is entitled to supervise, through its duly appointed
personnel, the logging, felling and removal of timber within ISSUE:
the aforesaid area covered by R.A. No. 3990. WON there is a need for private respondents to establish that the
land subject of their application was alienable and disposable despite
REPUBLIC v CA & CHAVEZ proofs showing their possession thereof for more than 30 years; and
G.R. No. L-62680 November 9, 1988
CRUZ, J.: HELD:
YES. Before one can be granted a confirmation of title to lands of the
FACTS: public domain, the Public Land Act requires that the applicant must
The case deals with the confirmation of an imperfect title over a tract prove (a) that the land is alienable public land and (b) that his open,
of land situated in Guimaras. In 1976, private respondent Chavez continuous, exclusive and notorious possession and occupation of
filed an application for its registration which is solely opposed by the the same must either be since time immemorial or for the period
DoL. The application was granted. Petitioner appealed to the CA prescribed in the Public Land Act. Only when these conditions are
which affirmed the decision. Hence, this petition. met may the possessor of the land acquire, by operation of law, a
right to a grant, a government grant, without the necessity of a
Petitioner argues that (1) the subject land was not sufficiently certificate of title being issued.
Identified with indubitable evidence since what was submitted was
not the tracing cloth plan but only the blueprint copy of the survey To prove that the land subject of an application for registration is
plan; and (2) the nature and length of possession required by law alienable, an applicant must establish the existence of a positive act
had not been adequately established. of the government such as a presidential proclamation or an
executive order; an administrative action;investigation reports of
ISSUE: Bureau of Lands investigators; and a legislative act or a statute
1. WON there is ample evidence to establish the Identity of the
subject property. In this case, private respondents presented a certification dated
2. WON the length of possession required is adequately established. November 25, 1994, issued by CENRO, Cebu City stating that the
lots involved were found to be within the alienable and disposable
HELD: land classification. This is sufficient evidence to show the real
1. YES. The Bureau of Lands has certified to the correctness of the character of the land subject of private respondents’ application.
blueprint copy of the plan including the technical description that go Further, the certification enjoys a presumption of regularity in the
with it. It contained all the details and information necessary for a absence of contradictory evidence, which is true in this case. Worth
proper and definite Identification of the land sought to be registered, noting also was that no opposition was filed by the Bureaus of Lands
thereby serving the purpose for which the original tracing cloth plan and Forestry to contest the application of appellees on the ground
is required. – that the property still forms part of the public domain. Nor is there
where the subject land is located, any showing that the lots in question are forestal land.
its area of in square meters,
the land as plotted, 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
its technical descriptions and
to a confirmation of imperfect title, it did not err in ruling in favor of
its natural boundaries
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
2. NO. There is not enough evidence except his own unsupported
burden of proving the alienability of the land subject of their
declarations. The applicant must present specific acts of ownership
application.
to substantiate the claim and cannot just offer general statements
which are mere conclusions of law than factual evidence of
possession. The private respondent showed that he had been paying Sherwill Development Corporation vs. SitioSto. Nino Residents
taxes on the land only from 1972 and up to 1977. Association, Inc.
Even assuming that he had really planted those trees, such an act GR No. 158455. June 28, 2005
will hardly suffice to prove possession as this would constitute what
this Court has called "a mere casual cultivationwhich does not FACTS:
constitute possession under claim of ownership. In that sense, This is a petition for review on certiorari dismissing civil
possession is not exclusive and notorious so as to give rise to a action on the ground of litispendenia and forum shopping.
presumptive grant from the state. Petitioner is the register owner of 2 parcels of land in
Muntinlupa, Rizal. In 2002, petitioner filed a Complaint for
The Court finds that although the subject property was sufficiently quieting of title against respondents and Land Management
Identified with the blueprint copy of the survey plan, the applicant has Bureau, alleging among others, respondents unlawfully
failed to prove the peaceful, exclusive, continuous, and open entered and occupied the lots in Muntinlupa, Rizal. Among
possession necessary to support his claim of ownership. For this said unauthorized persons are members and officers of
reason, the registration sought should have been, as it is now, respondents.
denied. o From all indications, LMB is set to recommend to
the Philippine Government, [through] the Office of Despite these multiple transfers, no decree of registration has ever
the Solicitor General (OSG), the “nullification” of been issued over the lot despite the rendition of the 1941 CFI
TCT Nos. 131918 and 131919 and/or the Decision. Thus, Nillas sought the revival of the 1941 Decision and
reversion thereof to the Philippine Government, the issuance of the corresponding decree of registration. RTC
despite the fact that the latter, sometime in 1927 or rendered a decision ordering the revival of the 1941 decision as well
thereabout, sold and/or disposed of subject lots, as directing the Commissioner of the Land Registration Authority
then covered by Original Certificate of Title (OCT) (LRA) to issue the corresponding decree of confirmation and
No. 684, pursuant to Act No. 1120 and other registration based on the 1941 Decision.
pertinent laws. Petitioner is the third or fourth
transferee and buyer in good faith of the lots in OSG appealed to CA invoking that the principles of prescription and
question. laches apply to land registration cases citing Art 1144 of NCC and
Petitioner prayed that a writ of preliminary injunction be Section 6 of Rule 39 of the 1997 Rules of Civil Procedure. The OSG
issued, ordering the LMB to cease and desist from also extensively relies on two cases, Shipside Inc. v. Court of
proceeding with the hearings in LMB Case No. 7-98, a case Appeals and Heirs of Lopez v. De Castro. CA denied the appeal.
pending before it where petitioner’s titles to the subject lots Hence this petition.
were being questioned by the respondents SSNRAI and
NildaDevilleres. ISSUE:
Respondents filed an MTD contending forum shopping and WON Nillasright of action to revive judgment had already prescribed.
litispendentia. Such contention was opposed by petitioner.
The petitioner pointed out that in LMB Case No. 7-98, the HELD:
private respondents (as the petitioners therein) sought the NO. The rule is that "neither laches nor the statute of limitations
declaration of the nullity of the said titles issued in its favor, applies to a decision in a land registration case”. Under Sec. 6, Rule
on their claim that their issuance was “highly irregular and 39 of the RoC, judgment may be enforced within 5 years by motion,
erroneous,” and that the subject properties were not and after five years but within 10 years, by an action. This provision
disposed of in accordance with Act No. 1120, otherwise of the Rules refers to civil actions and is not applicable to
known as the Friar Lands Act. On the other hand, in SP special proceedings, such as a land registration case. This is so
Civil Action No. 02-237, the petitioner’s right of action was because a party in a civil action must immediately enforce a
based on the private respondents’ act of disturbing and judgment that is secured as against the adverse party, and his failure
casting clouds over TCT Nos. 131918 and 131919, to act to enforce the same within a reasonable time as provided in
considering that such titles have long become indefeasible the Rules makes the decision unenforceable against the losing party.
and conclusive. In special proceedings, the purpose is to establish a status, condition
Trial Court: dismissed on the grounds of or fact; in land registration proceedings, the ownership by a person
litispendentia and forum shopping. of a parcel of land is sought to be established. After the ownership
has been proved and confirmed by judicial declaration, no further
ISSUE: proceeding to enforce said ownership is necessary, except when the
Whether or not there was forum shopping and whether the court has adverse or losing party had been in possession of the land and the
jurisdiction over the matter. winning party desires to oust him therefrom.
HELD: YES.