[G.R. No. 137675.

March 7, 2001] been established that petitioner filed the action for annulment of sale before the expiration
of the period of redemption and prior to the issuance of the final deed of conveyance in favor
NOVERNIA P. NAGUIT vs. CA et al. of private respondent. Thus, laches cannot be invoked by private respondent to defeat
petitioner's right to file an independent action.
THIRD DIVISION
Finally, private respondent asserts that the property in dispute is conjugal and that the debt
incurred by Rolando Naguit redounded to the benefit of his family. These claims are matters
Gentlemen:
which should be taken up by the RTC of Makati in the action for annulment abovementioned
(Civil Case No. 95-1182).
Quoted hereunder, for your information, is a resolution of this Court dated MAR 7 2001.
Meanwhile, in his Motion To Order Deposit Of Rental Income, private respondent maintains
G.R. No. 137675(Novernia P. Naguit vs. Court of Appeals, Osler U. Padua and that the period for redemption expired on 25 August 1995 and therefore, as the purchaser
Norberto B. Magsajo.) in the public auction, he is entitled to all the incomes derived from the subject property
beginning from such date. Proceeding therefrom, private respondent asks the Court to order
Before us is a Motion for Reconsideration dated 1 February 2001 and a Motion To Order petitioner to deposit the rental income from the subject property with the Court.
Deposit Of Rental Income dated 24 January 2001, both filed by private respondent Osler U. Furthermore, private respondent also asks the Court to order petitioner to submit an
Padua. accounting of all incomes derived from the property beginning from 25 August 1995 until
the present. This motion should be resolved in the separate action for annulment filed by
Private respondent seeks a reconsideration of our decision, promulgated on 5 December petitioner.
2000, wherein we declared that on the strength of section 17 of Rule 39 of the former Rules
of Civil Procedure, petitioner Novernia P. Naguit could file an independent action for the WHEREFORE, private respondent's Motion for Reconsideration is hereby DENIED, while his
annulment of a public sale carried out pursuant to a writ of execution issued by the Regional Motion To Order Deposit Of Rental Income is remanded to the RTC of Makati for resolution
Trial Court (RTC) of Makati (Branch 133) in Criminal Case No. 90-2645 ordering Rolando in Civil Case No. 95-1182.
Naguit to indemnify private respondent in the amount of P260,000.00. Petitioner's ground
for instituting a separate action 1 Filed by petitioner on 8 August 1995 with the RTC of Makati SO ORDERED.
against private respondent Padua and respondent Sheriff Magsajo for the annulment of sale
and for damages, with a prayer for the issuance of a writ of preliminary injunction in order
to enjoin the final conveyance of title over the condominium unit to private respondent.
Docketed as Civil Case No. 95-1182.was that the property levied upon and subject of the
sale did not belong to the judgment obligor in said criminal case, but was her exclusive
property.

In his motion for reconsideration, private respondent claims that petitioner is not a stranger
to the criminal case. This issue was already discussed in our decision wherein we held that,
pursuant to our ruling in Sy v. Discaya, 2 181 SCRA 378 (1990). petitioner is deemed a
stranger to the action wherein the writ of execution was issued.

Secondly, private respondent claims that petitioner should be barred by laches from
assailing the levy and sale of the property. Laches has been defined as the failure or neglect,
for an unreasonable and unexplained length of time, to do that which by exercising due
diligence could or should have been done earlier, it is negligence or omission to assert a
right within a reasonable time, warranting a presumption that the party entitled to assert it
either has abandoned it or declined to assert it. The defense of laches is an equitable one
and does not concern itself with the character of the defendant's title, but only with whether
or not by reason of plaintiff's long inaction or inexcusable neglect, he should be barred from
asserting his claim at all, because to allow him to do so would be inequitable and unjust to
defendant. 3Eduarte v. Court of Appeals, 311 SCRA 18 (1999). In the present case, it has
 After the presentation of evidence for Naguit, the public prosecutor manifested that the government did
SECOND DIVISION not intend to present any evidence while oppositor Jose Angeles, as representative of the heirs of
Rustico Angeles, failed to appear during the trial despite notice. On September 27, 1997, the MCTC
G.R. No. 144057 January 17, 2005 rendered a decision ordering that the subject parcel be brought under the operation of the Property
Registration Decree or Presidential Decree (P.D.) No. 1529 and that the title thereto registered and
confirmed in the name of Naguit.6
REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
THE HONORABLE COURT OF APPEALS and CORAZON NAGUIT, respondents. The Republic of the Philippines (Republic), thru the Office of the Solicitor General (OSG), filed a motion
for reconsideration. The OSG stressed that the land applied for was declared alienable and disposable
only on October 15, 1980, per the certification from Regional Executive Director Raoul T. Geollegue of
DECISION the Department of Environment and Natural Resources, Region VI. 7 However, the court denied the
motion for reconsideration in an order dated February 18, 1998. 81awphi1.nét
TINGA, J.:
Thereafter, the Republic appealed the decision and the order of the MCTC to the RTC, Kalibo, Aklan,
This is a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure, seeking Branch 8. On February 26, 1999, the RTC rendered its decision, dismissing the appeal. 9
to review the Decision1 of the Sixth Division of the Court of Appeals dated July 12, 2000 in CA-G.R. SP
No. 51921. The appellate court affirmed the decisions of both the Regional Trial Court (RTC), 2 Branch Undaunted, the Republic elevated the case to the Court of Appeals via Rule 42 of the 1997 Rules of
8, of Kalibo, Aklan dated February 26, 1999, and the 7th Municipal Circuit Trial Court (MCTC) 3 of Ibajay- Civil Procedure. On July 12, 2000, the appellate court rendered a decision dismissing the petition filed
Nabas, Aklan dated February 18, 1998, which granted the application for registration of a parcel of land by the Republic and affirmed in toto the assailed decision of the RTC.
of Corazon Naguit (Naguit), the respondent herein.
Hence, the present petition for review raising a pure question of law was filed by the Republic on
The facts are as follows: September 4, 2000.10

On January 5, 1993, Naguit, a Filipino citizen, of legal age and married to Manolito S. Naguit, filed with The OSG assails the decision of the Court of Appeals contending that the appellate court gravely erred
the MCTC of Ibajay-Nabas, Aklan, a petition for registration of title of a parcel of land situated in Brgy. in holding that there is no need for the government’s prior release of the subject lot from the public
Union, Nabas, Aklan. The parcel of land is designated as Lot No. 10049, Cad. 758-D, Nabas Cadastre, domain before it can be considered alienable or disposable within the meaning of P.D. No. 1529, and
AP – 060414-014779, and contains an area of 31,374 square meters. The application seeks judicial that Naguit had been in possession of Lot No. 10049 in the concept of owner for the required period. 11
confirmation of respondent’s imperfect title over the aforesaid land.
Hence, the central question for resolution is whether is necessary under Section 14(1) of the Property
On February 20, 1995, the court held initial hearing on the application. The public prosecutor, appearing Registration Decree that the subject land be first classified as alienable and disposable before the
for the government, and Jose Angeles, representing the heirs of Rustico Angeles, opposed the petition. applicant’s possession under a bona fide claim of ownership could even start.
On a later date, however, the heirs of Rustico Angeles filed a formal opposition to the petition. Also on
February 20, 1995, the court issued an order of general default against the whole world except as to the
heirs of Rustico Angeles and the government. The OSG invokes our holding in Director of Lands v. Intermediate Appellate Court12 in arguing that the
property which is in open, continuous and exclusive possession must first be alienable. Since the
subject land was declared alienable only on October 15, 1980, Naguit could not have maintained a bona
The evidence on record reveals that the subject parcel of land was originally declared for taxation fide claim of ownership since June 12, 1945, as required by Section 14 of the Property Registration
purposes in the name of Ramon Urbano (Urbano) in 1945 under Tax Declaration No. 3888 until Decree, since prior to 1980, the land was not alienable or disposable, the OSG argues.
1991.4 On July 9, 1992, Urbano executed a Deed of Quitclaim in favor of the heirs of Honorato Maming
(Maming), wherein he renounced all his rights to the subject property and confirmed the sale made by
his father to Maming sometime in 1955 or 1956.5Subsequently, the heirs of Maming executed a deed of Section 14 of the Property Registration Decree, governing original registration proceedings, bears close
absolute sale in favor of respondent Naguit who thereupon started occupying the same. She constituted examination. It expressly provides:
Manuel Blanco, Jr. as her attorney-in-fact and administrator. The administrator introduced
improvements, planted trees, such as mahogany, coconut and gemelina trees in addition to existing SECTION 14. Who may apply.— The following persons may file in the proper Court of First Instance an
coconut trees which were then 50 to 60 years old, and paid the corresponding taxes due on the subject application for registration of title to land, whether personally or through their duly authorized
land. At present, there are parcels of land surrounding the subject land which have been issued titles by representatives:
virtue of judicial decrees. Naguit and her predecessors-in-interest have occupied the land openly and in
the concept of owner without any objection from any private person or even the government until she (1) those who by themselves or through their predecessors-in-interest have been in open,
filed her application for registration. continuous, exclusive and notorious possession and occupation of alienable and disposable
 lands of the public domain under a bona fide claim of ownership since June 12, 1945, or This case is distinguishable from Bracewell v. Court of Appeals,17 wherein the Court noted that while the
earlier. claimant had been in possession since 1908, it was only in 1972 that the lands in question were
classified as alienable and disposable. Thus, the bid at registration therein did not succeed.
(2) Those who have acquired ownership over private lands by prescription under the provisions In Bracewell, the claimant had filed his application in 1963, or nine (9) years before the property was
of existing laws. declared alienable and disposable.1awphi1.nét Thus, in this case, where the application was made
years after the property had been certified as alienable and disposable, the Bracewell ruling does not
apply.
....
A different rule obtains for forest lands,18 such as those which form part of a reservation for provincial
There are three obvious requisites for the filing of an application for registration of title under Section park purposes19 the possession of which cannot ripen into ownership.20 It is elementary in the law
14(1) – that the property in question is alienable and disposable land of the public domain; that the governing natural resources that forest land cannot be owned by private persons. As held in Palomo v.
applicants by themselves or through their predecessors-in-interest have been in open, continuous, Court of Appeals,21 forest land is not registrable and possession thereof, no matter how lengthy, cannot
exclusive and notorious possession and occupation, and; that such possession is under a bona convert it into private property, unless such lands are reclassified and considered disposable and
fide claim of ownership since June 12, 1945 or earlier. alienable.22 In the case at bar, the property in question was undisputedly classified as disposable and
alienable; hence, the ruling in Palomo is inapplicable, as correctly held by the Court of Appeals. 23
Petitioner suggests an interpretation that the alienable and disposable character of the land should have
already been established since June 12, 1945 or earlier. This is not borne out by the plain meaning of It must be noted that the present case was decided by the lower courts on the basis of Section 14(1) of
Section 14(1). "Since June 12, 1945," as used in the provision, qualifies its antecedent phrase "under a the Property Registration Decree, which pertains to original registration through ordinary registration
bonafide claim of ownership." Generally speaking, qualifying words restrict or modify only the words or proceedings. The right to file the application for registration derives from a bona fide claim of ownership
phrases to which they are immediately associated, and not those distantly or remotely located.13 Ad going back to June 12, 1945 or earlier, by reason of the claimant’s open, continuous, exclusive and
proximum antecedents fiat relation nisi impediatur sentencia. notorious possession of alienable and disposable lands of the public domain.

Besides, we are mindful of the absurdity that would result if we adopt petitioner’s position. Absent a A similar right is given under Section 48(b) of the Public Land Act, which reads:
legislative amendment, the rule would be, adopting the OSG’s view, that all lands of the public domain
which were not declared alienable or disposable before June 12, 1945 would not be susceptible to
original registration, no matter the length of unchallenged possession by the occupant. Such Sec. 48. The following described citizens of the Philippines, occupying lands of the public domain or
interpretation renders paragraph (1) of Section 14 virtually inoperative and even precludes the claiming to own any such land or an interest therein, but those titles have not been perfected or
government from giving it effect even as it decides to reclassify public agricultural lands as alienable completed, may apply to the Court of First Instance of the province where the land is located for
and disposable. The unreasonableness of the situation would even be aggravated considering that confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration
before June 12, 1945, the Philippines was not yet even considered an independent state. Act, to wit:

Instead, the more reasonable interpretation of Section 14(1) is that it merely requires the property xxx xxx xxx
sought to be registered as already alienable and disposable at the time the application for registration of
title is filed. If the State, at the time the application is made, has not yet deemed it proper to release the (b) Those who by themselves or through their predecessors in interest have been in open, continuous,
property for alienation or disposition, the presumption is that the government is still reserving the right to exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a
utilize the property; hence, the need to preserve its ownership in the State irrespective of the length of bona fide claim of acquisition of ownership, for at least thirty years immediately preceding the filing of
adverse possession even if in good faith. However, if the property has already been classified as the application for confirmation of title except when prevented by war or force majeure. These shall be
alienable and disposable, as it is in this case, then there is already an intention on the part of the State conclusively presumed to have performed all the conditions essential to a Government grant and shall
to abdicate its exclusive prerogative over the property. be entitled to a certificate of title under the provisions of this chapter.

This reading aligns conformably with our holding in Republic v. Court of Appeals .14 Therein, the Court When the Public Land Act was first promulgated in 1936, the period of possession deemed necessary
noted that "to prove that the land subject of an application for registration is alienable, an applicant must to vest the right to register their title to agricultural lands of the public domain commenced from July 26,
establish the existence of a positive act of the government such as a presidential proclamation or an 1894. However, this period was amended by R.A. No. 1942, which provided that the bona fide claim of
executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a ownership must have been for at least thirty (30) years. Then in 1977, Section 48(b) of the Public Land
legislative act or a statute."15 In that case, the subject land had been certified by the DENR as alienable Act was again amended, this time by P.D. No. 1073, which pegged the reckoning date at June 12,
and disposable in 1980, thus the Court concluded that the alienable status of the land, compounded by 1945. This new starting point is concordant with Section 14(1) of the Property Registration Decree.
the established fact that therein respondents had occupied the land even before 1927, sufficed to allow
the application for registration of the said property. In the case at bar, even the petitioner admits that the Indeed, there are no material differences between Section 14(1) of the Property Registration Decree
subject property was released and certified as within alienable and disposable zone in 1980 by the and Section 48(b) of the Public Land Act, as amended. True, the Public Land Act does refer to
DENR.16 "agricultural lands of the public domain," while the Property Registration Decree uses the term
"alienable and disposable lands of the public domain." It must be noted though that the Constitution of an owner, open, continuous, peaceful and without any opposition from any private person and the
declares that "alienable lands of the public domain shall be limited to agricultural lands." 24 Clearly, the government itself makes her right thereto undoubtedly settled and deserving of protection under the law.
subject lands under Section 48(b) of the Public Land Act and Section 14(1) of the Property Registration
Decree are of the same type. WHEREFORE, foregoing premises considered, the assailed Decision of the Court of Appeals dated
July 12, 2000 is hereby AFFIRMED. No costs.
Did the enactment of the Property Registration Decree and the amendatory P.D. No. 1073 preclude the
application for registration of alienable lands of the public domain, possession over which commenced SO ORDERED.
only after June 12, 1945? It did not, considering Section 14(2) of the Property Registration Decree,
which governs and authorizes the application of "those who have acquired ownership of private lands
by prescription under the provisions of existing laws."

Prescription is one of the modes of acquiring ownership under the Civil Code. 25 There is a consistent
jurisprudential rule that properties classified as alienable public land may be converted into private
property by reason of open, continuous and exclusive possession of at least thirty (30) years. 26 With
such conversion, such property may now fall within the contemplation of "private lands" under Section
14(2), and thus susceptible to registration by those who have acquired ownership through prescription.
Thus, even if possession of the alienable public land commenced on a date later than June 12, 1945,
and such possession being been open, continuous and exclusive, then the possessor may have the
right to register the land by virtue of Section 14(2) of the Property Registration Decree.

The land in question was found to be cocal in nature, it having been planted with coconut trees now
over fifty years old.27 The inherent nature of the land but confirms its certification in 1980 as alienable,
hence agricultural. There is no impediment to the application of Section 14(1) of the Property
Registration Decree, as correctly accomplished by the lower courts.l^vvphi1.net

The OSG posits that the Court of Appeals erred in holding that Naguit had been in possession in the
concept of owner for the required period. The argument begs the question. It is again hinged on the
assertion—shown earlier to be unfounded—that there could have been no bona fide claim of ownership
prior to 1980, when the subject land was declared alienable or disposable.

We find no reason to disturb the conclusion of both the RTC and the Court of Appeals that Naguit had
the right to apply for registration owing to the continuous possession by her and her predecessors-in-
interest of the land since 1945. The basis of such conclusion is primarily factual, and the Court generally
respects the factual findings made by lower courts. Notably, possession since 1945 was established
through proof of the existence of 50 to 60-year old trees at the time Naguit purchased the property as
well as tax declarations executed by Urbano in 1945. Although tax declarations and realty tax payment
of property are not conclusive evidence of ownership, nevertheless, they are good indicia of the
possession in the concept of owner for no one in his right mind would be paying taxes for a property that
is not in his actual or at least constructive possession. They constitute at least proof that the holder has
a claim of title over the property. The voluntary declaration of a piece of property for taxation purposes
manifests not only one’s sincere and honest desire to obtain title to the property and announces his
adverse claim against the State and all other interested parties, but also the intention to contribute
needed revenues to the Government. Such an act strengthens one’s bona fide claim of acquisition of
ownership.28

Considering that the possession of the subject parcel of land by the respondent can be traced back to
that of her predecessors-in-interest which commenced since 1945 or for almost fifty (50) years, it is
indeed beyond any cloud of doubt that she has acquired title thereto which may be properly brought
under the operation of the Torrens system. That she has been in possession of the land in the concept
 EN BANC description now forming part of the record of this case, in addition to other proofs adduced in the name
of MARIO MALABANAN, who is of legal age, Filipino, widower, and with residence at Munting Ilog,
G.R. No. 179987 September 3, 2013 Silang, Cavite.

HEIRS OF MARIO MALABANAN, (Represented by Sally A. Malabanan), Petitioners, Once this Decision becomes final and executory, the corresponding decree of registration shall forthwith
vs. issue.
REPUBLIC OF THE PHILIPPINES, Respondent.
SO ORDERED.3
RESOLUTION
The Office of the Solicitor General (OSG) appealed the judgment to the CA, arguing that Malabanan
BERSAMIN, J.: had failed to prove that the property belonged to the alienable and disposable land of the public domain,
and that the RTC erred in finding that he had been in possession of the property in the manner and for
the length of time required by law for confirmation of imperfect title.
For our consideration and resolution are the motions for reconsideration of the parties who both assail
the decision promulgated on April 29, 2009, whereby we upheld the ruling of the Court of Appeals (CA)
denying the application of the petitioners for the registration of a parcel of land situated in Barangay On February 23, 2007, the CA promulgated its decision reversing the RTC and dismissing the
Tibig, Silang, Cavite on the ground that they had not established by sufficient evidence their right to the application for registration of Malabanan. Citing the ruling in Republic v. Herbieto (Herbieto), 4 the CA
registration in accordance with either Section 14(1) or Section 14(2) of Presidential Decree No. 1529 declared that under Section 14(1) of the Property Registration Decree, any period of possession prior to
(Property Registration Decree). the classification of the land as alienable and disposable was inconsequential and should be excluded
from the computation of the period of possession. Noting that the CENRO-DENR certification stated that
the property had been declared alienable and disposable only on March 15, 1982, Velazco’s possession
Antecedents prior to March 15, 1982 could not be tacked for purposes of computing Malabanan’s period of
possession.
The property subject of the application for registration is a parcel of land situated in Barangay Tibig,
Silang Cavite, more particularly identified as Lot 9864-A, Cad-452-D, with an area of 71,324-square Due to Malabanan’s intervening demise during the appeal in the CA, his heirs elevated the CA’s
meters. On February 20, 1998, applicant Mario Malabanan, who had purchased the property from decision of February 23, 2007 to this Court through a petition for review on certiorari.
Eduardo Velazco, filed an application for land registration covering the property in the Regional Trial
Court (RTC) in Tagaytay City, Cavite, claiming that the property formed part of the alienable and
disposable land of the public domain, and that he and his predecessors-in-interest had been in open, The petitioners assert that the ruling in Republic v. Court of Appeals and Corazon Naguit 5 (Naguit)
continuous, uninterrupted, public and adverse possession and occupation of the land for more than 30 remains the controlling doctrine especially if the property involved is agricultural land. In this regard,
years, thereby entitling him to the judicial confirmation of his title. 1 Naguit ruled that any possession of agricultural land prior to its declaration as alienable and disposable
could be counted in the reckoning of the period of possession to perfect title under the Public Land Act
(Commonwealth Act No. 141) and the Property Registration Decree. They point out that the ruling in
To prove that the property was an alienable and disposable land of the public domain, Malabanan Herbieto, to the effect that the declaration of the land subject of the application for registration as
presented during trial a certification dated June 11, 2001 issued by the Community Environment and alienable and disposable should also date back to June 12, 1945 or earlier, was a mere obiter dictum
Natural Resources Office (CENRO) of the Department of Environment and Natural Resources (DENR), considering that the land registration proceedings therein were in fact found and declared void ab initio
which reads: for lack of publication of the notice of initial hearing.

This is to certify that the parcel of land designated as Lot No. 9864 Cad 452-D, Silang Cadastre as The petitioners also rely on the ruling in Republic v. T.A.N. Properties, Inc. 6 to support their argument
surveyed for Mr. Virgilio Velasco located at Barangay Tibig, Silang, Cavite containing an area of that the property had been ipso jure converted into private property by reason of the open, continuous,
249,734 sq. meters as shown and described on the Plan Ap-04-00952 is verified to be within the exclusive and notorious possession by their predecessors-in-interest of an alienable land of the public
Alienable or Disposable land per Land Classification Map No. 3013 established under Project No. 20-A domain for more than 30 years. According to them, what was essential was that the property had been
and approved as such under FAO 4-1656 on March 15, 1982.2 "converted" into private property through prescription at the time of the application without regard to
whether the property sought to be registered was previously classified as agricultural land of the public
After trial, on December 3, 2002, the RTC rendered judgment granting Malabanan’s application for land domain.
registration, disposing thusly:
As earlier stated, we denied the petition for review on certiorari because Malabanan failed to establish
WHEREFORE, this Court hereby approves this application for registration and thus places under the by sufficient evidence possession and occupation of the property on his part and on the part of his
operation of Act 141, Act 496 and/or P.D. 1529, otherwise known as Property Registration Law, the predecessors-in interest since June 12, 1945, or earlier.
lands described in Plan Csd-04-0173123-D, Lot 9864-A and containing an area of Seventy One
Thousand Three Hundred Twenty Four (71,324) Square Meters, as supported by its technical Petitioners’ Motion for Reconsideration
In their motion for reconsideration, the petitioners submit that the mere classification of the land as Classifications of public lands
alienable or disposable should be deemed sufficient to convert it into patrimonial property of the State. according to alienability
Relying on the rulings in Spouses De Ocampo v. Arlos,7 Menguito v. Republic8 and Republic v. T.A.N.
Properties, Inc.,9 they argue that the reclassification of the land as alienable or disposable opened it to Whether or not land of the public domain is alienable and disposable primarily rests on the classification
acquisitive prescription under the Civil Code; that Malabanan had purchased the property from Eduardo of public lands made under the Constitution. Under the 1935 Constitution, 18 lands of the public domain
Velazco believing in good faith that Velazco and his predecessors-in-interest had been the real owners were classified into three, namely, agricultural, timber and mineral.19 Section 10, Article XIV of the 1973
of the land with the right to validly transmit title and ownership thereof; that consequently, the ten-year Constitution classified lands of the public domain into seven, specifically, agricultural, industrial or
period prescribed by Article 1134 of the Civil Code, in relation to Section 14(2) of the Property commercial, residential, resettlement, mineral, timber or forest, and grazing land, with the reservation
Registration Decree, applied in their favor; and that when Malabanan filed the application for registration that the law might provide other classifications. The 1987 Constitution adopted the classification under
on February 20, 1998, he had already been in possession of the land for almost 16 years reckoned from the 1935 Constitution into agricultural, forest or timber, and mineral, but added national
1982, the time when the land was declared alienable and disposable by the State. parks.20 Agricultural lands may be further classified by law according to the uses to which they may be
devoted.21 The identification of lands according to their legal classification is done exclusively by and
The Republic’s Motion for Partial Reconsideration through a positive act of the Executive Department.22

The Republic seeks the partial reconsideration in order to obtain a clarification with reference to the Based on the foregoing, the Constitution places a limit on the type of public land that may be alienated.
application of the rulings in Naguit and Herbieto. Under Section 2, Article XII of the 1987 Constitution, only agricultural lands of the public domain may be
alienated; all other natural resources may not be.
Chiefly citing the dissents, the Republic contends that the decision has enlarged, by implication, the
interpretation of Section 14(1) of the Property Registration Decree through judicial legislation. It Alienable and disposable lands of the State fall into two categories, to wit: (a) patrimonial lands of the
reiterates its view that an applicant is entitled to registration only when the land subject of the State, or those classified as lands of private ownership under Article 425 of the Civil Code, 23 without
application had been declared alienable and disposable since June 12, 1945 or earlier. limitation; and (b) lands of the public domain, or the public lands as provided by the Constitution, but
with the limitation that the lands must only be agricultural. Consequently, lands classified as forest or
Ruling timber, mineral, or national parks are not susceptible of alienation or disposition unless they are
reclassified as agricultural.24 A positive act of the Government is necessary to enable such
reclassification,25 and the exclusive prerogative to classify public lands under existing laws is vested in
We deny the motions for reconsideration. the Executive Department, not in the courts.26 If, however, public land will be classified as neither
agricultural, forest or timber, mineral or national park, or when public land is no longer intended for
In reviewing the assailed decision, we consider to be imperative to discuss the different classifications of public service or for the development of the national wealth, thereby effectively removing the land from
land in relation to the existing applicable land registration laws of the Philippines. the ambit of public dominion, a declaration of such conversion must be made in the form of a law duly
enacted by Congress or by a Presidential proclamation in cases where the President is duly authorized
Classifications of land according to ownership by law to that effect.27 Thus, until the Executive Department exercises its prerogative to classify or
reclassify lands, or until Congress or the President declares that the State no longer intends the land to
be used for public service or for the development of national wealth, the Regalian Doctrine is applicable.
Land, which is an immovable property,10 may be classified as either of public dominion or of private
ownership.11Land is considered of public dominion if it either: (a) is intended for public use; or (b)
belongs to the State, without being for public use, and is intended for some public service or for the Disposition of alienable public lands
development of the national wealth.12 Land belonging to the State that is not of such character, or
although of such character but no longer intended for public use or for public service forms part of the Section 11 of the Public Land Act (CA No. 141) provides the manner by which alienable and disposable
patrimonial property of the State.13 Land that is other than part of the patrimonial property of the State, lands of the public domain, i.e., agricultural lands, can be disposed of, to wit:
provinces, cities and municipalities is of private ownership if it belongs to a private individual.
Section 11. Public lands suitable for agricultural purposes can be disposed of only as follows, and not
Pursuant to the Regalian Doctrine (Jura Regalia), a legal concept first introduced into the country from otherwise:
the West by Spain through the Laws of the Indies and the Royal Cedulas,14 all lands of the public
domain belong to the State.15This means that the State is the source of any asserted right to ownership (1) For homestead settlement;
of land, and is charged with the conservation of such patrimony. 16
(2) By sale;
All lands not appearing to be clearly under private ownership are presumed to belong to the State. Also,
public lands remain part of the inalienable land of the public domain unless the State is shown to have
reclassified or alienated them to private persons.17 (3) By lease; and
 (4) By confirmation of imperfect or incomplete titles; Taking into consideration that the Executive Department is vested with the authority to classify lands of
the public domain, Section 48(b) of the Public Land Act, in relation to Section 14(1) of the Property
(a) By judicial legalization; or Registration Decree, presupposes that the land subject of the application for registration must have
been already classified as agricultural land of the public domain in order for the provision to apply. Thus,
absent proof that the land is already classified as agricultural land of the public domain, the Regalian
(b) By administrative legalization (free patent). Doctrine applies, and overcomes the presumption that the land is alienable and disposable as laid down
in Section 48(b) of the Public Land Act. However, emphasis is placed on the requirement that the
The core of the controversy herein lies in the proper interpretation of Section 11(4), in relation to Section classification required by Section 48(b) of the Public Land Act is classification or reclassification of a
48(b) of the Public Land Act, which expressly requires possession by a Filipino citizen of the land since public land as agricultural.
June 12, 1945, or earlier, viz:
The dissent stresses that the classification or reclassification of the land as alienable and disposable
Section 48. The following-described citizens of the Philippines, occupying lands of the public domain or agricultural land should likewise have been made on June 12, 1945 or earlier, because any possession
claiming to own any such lands or an interest therein, but whose titles have not been perfected or of the land prior to such classification or reclassification produced no legal effects. It observes that the
completed, may apply to the Court of First Instance of the province where the land is located for fixed date of June 12, 1945 could not be minimized or glossed over by mere judicial interpretation or by
confirmation of their claims and the issuance of a certificate of title thereafter, under the Land judicial social policy concerns, and insisted that the full legislative intent be respected.
Registration Act, to wit:
We find, however, that the choice of June 12, 1945 as the reckoning point of the requisite possession
xxxx and occupation was the sole prerogative of Congress, the determination of which should best be left to
the wisdom of the lawmakers. Except that said date qualified the period of possession and occupation,
(b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, no other legislative intent appears to be associated with the fixing of the date of June 12, 1945.
exclusive, and notorious possession and occupation of alienable and disposable lands of the public Accordingly, the Court should interpret only the plain and literal meaning of the law as written by the
domain, under a bona fide claim of acquisition of ownership, since June 12, 1945, or earlier, legislators.
immediately preceding the filing of the applications for confirmation of title, except when prevented by
war or force majeure. These shall be conclusively presumed to have performed all the conditions Moreover, an examination of Section 48(b) of the Public Land Act indicates that Congress prescribed no
essential to a Government grant and shall be entitled to a certificate of title under the provisions of this requirement that the land subject of the registration should have been classified as agricultural since
chapter. (Bold emphasis supplied) June 12, 1945, or earlier. As such, the applicant’s imperfect or incomplete title is derived only from
possession and occupation since June 12, 1945, or earlier. This means that the character of the
Note that Section 48(b) of the Public Land Act used the words "lands of the public domain" or "alienable property subject of the application as alienable and disposable agricultural land of the public domain
and disposable lands of the public domain" to clearly signify that lands otherwise classified, i.e., mineral, determines its eligibility for land registration, not the ownership or title over it.
forest or timber, or national parks, and lands of patrimonial or private ownership, are outside the
coverage of the Public Land Act. What the law does not include, it excludes. The use of the descriptive Alienable public land held by a possessor, either personally or through his predecessors-in-interest,
phrase "alienable and disposable" further limits the coverage of Section 48(b) to only the agricultural openly, continuously and exclusively during the prescribed statutory period is converted to private
lands of the public domain as set forth in Article XII, Section 2 of the 1987 Constitution. Bearing in mind property by the mere lapse or completion of the period.29 In fact, by virtue of this doctrine, corporations
such limitations under the Public Land Act, the applicant must satisfy the following requirements in order may now acquire lands of the public domain for as long as the lands were already converted to private
for his application to come under Section 14(1) of the Property Registration Decree, 28 to wit: ownership, by operation of law, as a result of satisfying the requisite period of possession prescribed by
the Public Land Act.30 It is for this reason that the property subject of the application of Malabanan need
1. The applicant, by himself or through his predecessor-in-interest, has been in possession and not be classified as alienable and disposable agricultural land of the public domain for the entire
occupation of the property subject of the application; duration of the requisite period of possession.

2. The possession and occupation must be open, continuous, exclusive, and notorious; To be clear, then, the requirement that the land should have been classified as alienable and disposable
agricultural land at the time of the application for registration is necessary only to dispute the
presumption that the land is inalienable.
3. The possession and occupation must be under a bona fide claim of acquisition of ownership;
The declaration that land is alienable and disposable also serves to determine the point at which
4. The possession and occupation must have taken place since June 12, 1945, or earlier; and prescription may run against the State. The imperfect or incomplete title being confirmed under Section
48(b) of the Public Land Act is title that is acquired by reason of the applicant’s possession and
5. The property subject of the application must be an agricultural land of the public domain. occupation of the alienable and disposable agricultural land of the public domain. Where all the
necessary requirements for a grant by the Government are complied with through actual physical, open,
continuous, exclusive and public possession of an alienable and disposable land of the public domain,
the possessor is deemed to have acquired by operation of law not only a right to a grant, but a grant by
the Government, because it is not necessary that a certificate of title be issued in order that such a grant To reiterate, then, the petitioners failed to present sufficient evidence to establish that they and their
be sanctioned by the courts.31 predecessors-in-interest had been in possession of the land since June 12, 1945. Without satisfying the
requisite character and period of possession - possession and occupation that is open, continuous,
If one follows the dissent, the clear objective of the Public Land Act to adjudicate and quiet titles to exclusive, and notorious since June 12, 1945, or earlier - the land cannot be considered ipso jure
unregistered lands in favor of qualified Filipino citizens by reason of their occupation and cultivation converted to private property even upon the subsequent declaration of it as alienable and disposable.
thereof for the number of years prescribed by law32 will be defeated. Indeed, we should always bear in Prescription never began to run against the State, such that the land has remained ineligible for
mind that such objective still prevails, as a fairly recent legislative development bears out, when registration under Section 14(1) of the Property Registration Decree. Likewise, the land continues to be
Congress enacted legislation (Republic Act No. 10023)33in order to liberalize stringent requirements and ineligible for land registration under Section 14(2) of the Property Registration Decree unless Congress
procedures in the adjudication of alienable public land to qualified applicants, particularly residential enacts a law or the President issues a proclamation declaring the land as no longer intended for public
lands, subject to area limitations.34 service or for the development of the national wealth.1âwphi1

On the other hand, if a public land is classified as no longer intended for public use or for the WHEREFORE, the Court DENIES the petitioners' Motion for Reconsideration and the respondent's
development of national wealth by declaration of Congress or the President, thereby converting such Partial Motion for Reconsideration for their lack of merit.
land into patrimonial or private land of the State, the applicable provision concerning disposition and
registration is no longer Section 48(b) of the Public Land Act but the Civil Code, in conjunction with SO ORDERED.
Section 14(2) of the Property Registration Decree.35 As such, prescription can now run against the
State.

To sum up, we now observe the following rules relative to the disposition of public land or lands of the
public domain, namely:

(1) As a general rule and pursuant to the Regalian Doctrine, all lands of the public domain
belong to the State and are inalienable. Lands that are not clearly under private ownership are
also presumed to belong to the State and, therefore, may not be alienated or disposed;

(2) The following are excepted from the general rule, to wit:

(a) Agricultural lands of the public domain are rendered alienable and disposable
through any of the exclusive modes enumerated under Section 11 of the Public Land
Act. If the mode is judicial confirmation of imperfect title under Section 48(b) of the
Public Land Act, the agricultural land subject of the application needs only to be
classified as alienable and disposable as of the time of the application, provided the
applicant’s possession and occupation of the land dated back to June 12, 1945, or
earlier. Thereby, a conclusive presumption that the applicant has performed all the
conditions essential to a government grant arises, 36 and the applicant becomes the
owner of the land by virtue of an imperfect or incomplete title. By legal fiction, the land
has already ceased to be part of the public domain and has become private
property.37

(b) Lands of the public domain subsequently classified or declared as no longer

intended for public use or for the development of national wealth are removed from
the sphere of public dominion and are considered converted into patrimonial lands or
lands of private ownership that may be alienated or disposed through any of the
modes of acquiring ownership under the Civil Code. If the mode of acquisition is
prescription, whether ordinary or extraordinary, proof that the land has been already
converted to private ownership prior to the requisite acquisitive prescriptive period is a
condition sine qua non in observance of the law (Article 1113, Civil Code) that
property of the State not patrimonial in character shall not be the object of
prescription.