1) The East Silverlane Realty Development Corporation applied to register title over a parcel of land purchased from predecessors, claiming their possession since 1945 met requirements under Section 48(b) of the Public Land Act and Section 14 of P.D. no. 1529.
2) However, the Court found the evidence did not prove the predecessors' possession was open, continuous, exclusive and notorious for the required period to acquire an imperfect title or invoke acquisitive prescription against the State.
3) The Court denied the respondent's application, ruling their occupation and possession of public land did not automatically convert it to private property without an express declaration from the State.
1) The East Silverlane Realty Development Corporation applied to register title over a parcel of land purchased from predecessors, claiming their possession since 1945 met requirements under Section 48(b) of the Public Land Act and Section 14 of P.D. no. 1529.
2) However, the Court found the evidence did not prove the predecessors' possession was open, continuous, exclusive and notorious for the required period to acquire an imperfect title or invoke acquisitive prescription against the State.
3) The Court denied the respondent's application, ruling their occupation and possession of public land did not automatically convert it to private property without an express declaration from the State.
1) The East Silverlane Realty Development Corporation applied to register title over a parcel of land purchased from predecessors, claiming their possession since 1945 met requirements under Section 48(b) of the Public Land Act and Section 14 of P.D. no. 1529.
2) However, the Court found the evidence did not prove the predecessors' possession was open, continuous, exclusive and notorious for the required period to acquire an imperfect title or invoke acquisitive prescription against the State.
3) The Court denied the respondent's application, ruling their occupation and possession of public land did not automatically convert it to private property without an express declaration from the State.
1) The East Silverlane Realty Development Corporation applied to register title over a parcel of land purchased from predecessors, claiming their possession since 1945 met requirements under Section 48(b) of the Public Land Act and Section 14 of P.D. no. 1529.
2) However, the Court found the evidence did not prove the predecessors' possession was open, continuous, exclusive and notorious for the required period to acquire an imperfect title or invoke acquisitive prescription against the State.
3) The Court denied the respondent's application, ruling their occupation and possession of public land did not automatically convert it to private property without an express declaration from the State.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 2
JAZMIN, JANE KIRSTY L.
REPUBLIC OF THE PHILIPPINES vs.
EAST SILVERLANE REALTY DEVELOPMENT CORPORATION G.R. No. 186961, February 20, 2012
BRIEF SUMMARY: The East Silverlane Realty Development Corporation purchased a lot from its predecessors- in-interest and filed with the RTC an application for land registration, covering a parcel of land located in El Salvador, Misamis Oriental. Such registration was opposed by the Republic assailing that the predeces- sors-in-interest did not possess the subjected land in the manner and for the length of time required by the provision under Section 48 (b) of Public Land Act and section 14 of P.D no. 1529. However, the Court review the records of this case and found out that the evidence submitted by the respondent fell short of proving that it has acquired an imperfect title over the subject property under Section 48 (b) of the Public Land Act. Moreover, such possession and occupation of alienable and disposable public land do not automatically convert the same into private property. There must be an express declaration that the property is no longer intended for public service or development of national wealth.
RULE OF LAW: In order for one to invoke the provisions stated under Sec. 14 (2) of P.D No. 1529 and set up such acquisitive prescription against the State, there is a settled rule that must be followed and observed; (1) The status of property as patrimonial must first be established; and (2) In determining if the prescriptive period is completed, the period of possession shall be reckoned only after the property was classified as patrimonial.
Facts: This case involves a parcel of land located at El Salvador, Misamis Oriental purchased by the Respondent from Francisca Oca, Tans and Lims. In year 1945, it was claimed that the predecessors-in- interest had been in open, continuous, exclusive and notorious possession of the subjected land. Thereafter, the respondent filed an application for land registration with the RTC and the later grant such application pursuant to PD 1529. The CA upheld the RTC’s ruling and ruled that the respondent met and complied with all the requisites for land registration. Based on the report and certification issued by the DENR shows that the subject land was within the alienable and disposable zone since time immemorial or since June 12, 1945 and there were copies of tax declarations and real property ownership presented in court. Accordingly, the certification enjoys a presumption of regularity in the absence of contradictory evidence. The respondent tacked its possession and occupation over the subject land to that of its predecessors-in-interest. However, which was later on opposed by the Republic contending that the respondent failed to prove that its prede- cessors-in-interest possessed the subject property in the manner and for the length of time required under Section 48 (b) of Public Land Act. Moreover, the petitioner assailed that the respondent did not present a credible and competent witness to testify on the specific acts of ownership performed by its predecessors- in-interest on the subject property. ISSUE: Whether the respondent has proven itself entitled to the benefits of the PLA and P.D. No. 1529 on confirmation of imperfect or incomplete titles. RULING: No. The Court grant the said petition. The Court ruled upon reviewing review the records of this case that the evidence submitted by the respondent failed to prove that it has acquired an imperfect title over the subject property under Section 48 (b) of the PLA. Furthermore, the respondent cannot register the subject property in its name provided under Section 14 (1) or Section 14 (2) of P.D. No. 1529. Also, it was not established by the required quantum of evidence that the respondent and its predecessors-in-interest had been in open, continuous, exclusive and notorious possession of the subject property for the prescribed statutory period. Such occupation and pos- session of an alienable and disposable public land by the respondent does not automatically convert it to private property. There must be an express declaration that the property is no longer intended for public service or development of national wealth. Without such declaration, the property, even if classified as alienable or disposable, remains property of the State and may not be acquired by prescription pursuant to Article 420(2). In order for one to invoke the provisions of Section 14 (2) and set up acquisitive prescription against the State, it is primordial that the status of the property as patrimonial be first established. The Court said that it is a settled rule that an application for land registration must conform to three requisites: (1) the land is alienable public land; (2) the applicant's open, continuous, exclusive and notorious possession and occupation thereof must be since June 12, 1945, or earlier; and (3) it is a bona fide claim of ownership. In the case at bench, the respondent failed to meet the second requisites for the land registration to be approve. Therefore, the decision of CA and RTC are reversed and set aside. The respondent’s application for registration of title DENIED for lack of merit.
Map of Prospect Cemetery, Glasnevin, County Dublin, Ireland Indicating Burial Places of Noted Persons and Communities and Containing Some Illustrations
