Republic of The Philippines, Petitioner, vs. Bantigue Point Development Corporation, Respondent

SUPREME COURT REPORTS ANNOTATED VOLUME 668 12/1/19, 10:39 AM
G.R. No. 162322. March 14, 2012.*

REPUBLIC OF THE PHILIPPINES, petitioner, vs.
BANTIGUE POINT DEVELOPMENT CORPORATION,
respondent.
Civil Procedure; Courts; Jurisdiction; Lack of jurisdiction over

the subject matter may be raised at any stage of the proceedings.·At
the outset, we rule that petitioner Republic is not estopped from
questioning the jurisdiction of the lower court, even if the former
raised the jurisdictional question only on appeal. The rule is settled
that lack of jurisdiction over the subject matter may be raised at
any stage of the proceedings. Jurisdiction over the subject matter is
conferred only by the Constitution or the law. It cannot be acquired
through a waiver or enlarged by the omission of the parties or con-
ferred by the acquiescence of the court. Consequently, questions of
jurisdiction may be cognizable even if raised for the first time on
appeal. The ruling of the Court of Appeals that „a party may be es-
topped from raising such [jurisdictional] question if he has actively
taken part in the very proceeding which he questions, belatedly
objecting to the courtÊs jurisdiction in the event that the judgment
or order subsequently rendered is adverse to him‰ is based on the
doctrine of estoppel by laches. We are aware of that doctrine first
enunciated by this Court in Tijam v. Sibonghanoy, 23 SCRA 29
(1968). In Tijam, the party-litigant actively participated in the
proceedings before the lower court and filed pleadings therein. Only
15 years thereafter, and after receiving an adverse Decision on the
merits from the appellate court, did the party-litigant question the
lower courtÊs jurisdiction. Considering the unique facts in that case,
we held that estoppel by laches had already precluded the party-
litigant from raising the question of lack of jurisdiction on appeal.
In Figueroa v. People, 558 SCRA 63 (2008), we cautioned that Tijam
must be construed as an exception to the general rule and applied
only in the most exceptional cases whose factual milieu is similar to
that in the latter case.
Same; Laches; Words and Phrases; 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
_______________
* SECOND DIVISION.
159
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VOL. 668, MARCH 14, 2012 159
Republic vs. Bantigue Point Development Corporation
have been done earlier; it is negligence or omission to assert a

right within a reasonable time, warranting the presumption that the
party entitled to assert it either has abandoned or declined to assert
it.‰·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 the presumption that the party entitled to assert it
either has abandoned or declined to assert it.‰ In this case,
petitioner Republic has not displayed such unreasonable failure or
neglect that would lead us to conclude that it has abandoned or
declined to assert its right to question the lower courtÊs jurisdiction.
Same; Courts; Jurisdiction; Metropolitan Trial Courts; Land
Registration; The delegated jurisdiction of the Municipal Trial Court
(MTC) over cadastral and land registration cases is indeed set forth
in the Judiciary Reorganization Act.·The delegated jurisdiction of
the MTC over cadastral and land registration cases is indeed set
forth in the Judiciary Reorganization Act, which provides: Sec. 34.
Delegated Jurisdiction in Cadastral and Land Registration Cases.·
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts may be assigned by the Supreme Court to hear
and determine cadastral or land registration cases covering lots
where there is no controversy or opposition, or contested lots
where the value of which does not exceed One hundred
thousand pesos (P100,000.00), such value to be ascertained by
the affidavit of the claimant or by agreement of the respective
claimants if there are more than one, or from the corresponding tax
declaration of the real property. Their decision in these cases shall
be appealable in the same manner as decisions of the Regional Trial
Courts. (As amended by R.A. No. 7691) (Emphasis supplied.) Thus,
the MTC has delegated jurisdiction in cadastral and land
registration cases in two instances: first, where there is no
controversy or opposition; or, second, over contested lots, the value
of which does not exceed P100,000.
Civil Law; Property; Land Registration; The present rule is that
an application for original registration must be accompanied by (1)
a Community Environment and Natural Resources Office (CENRO)
or PENRO Certification; and (2) a copy of the original classification
approved by the Department of Environment and Natural Resources
(DENR) Secretary and certified as a true copy by the legal custodian
160
160 SUPREME COURT REPORTS ANNOTATED
of the official records.·The Regalian doctrine dictates that all lands

of the public domain belong to the State. The applicant for land
registration has the burden of overcoming the presumption of State
ownership by establishing through incontrovertible evidence that
the land sought to be registered is alienable or disposable based on
a positive act of the government. We held in Republic v. T.A.N.
Properties, Inc., 555 SCRA 477 (2008), that a CENRO certification is
insufficient to prove the alienable and disposable character of the
land sought to be registered. The applicant must also show
sufficient proof that the DENR Secretary has approved the land
classification and released the land in question as alienable and
disposable. Thus, the present rule is that an application for original
registration must be accompanied by (1) a CENRO or PENRO
Certification; and (2) a copy of the original classification approved
by the DENR Secretary and certified as a true copy by the legal
custodian of the official records.
PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.
Office of the Solicitor General for petitioner.
Noel I. Malaluan for respondent.
SERENO, J.:
This Rule 45 Petition requires this Court to address the
issue of the proper scope of the delegated jurisdiction of
municipal trial courts in land registration cases. Petitioner
Republic of the Philippines (Republic) assails the Decision
of the Court of Appeals (CA)1 in CA-G.R. CV No. 70349,
which affirmed the Decision of the Municipal Trial Court
(MTC) of San Juan, Batangas2 in LRC Case No. N-98-20,
LRA Record
_______________
1 CA Decision dated 13 February 2004, penned by Justice Elvi John S.
Asuncion and concurred in by Justices Godardo A. Jacinto and Lucas P.
Bersamin, Rollo, pp. 31-35.
2 MTC Decision dated 22 January 2001, penned by Judge Fermin M.
Chavez, Rollo, pp. 37-41.
161
VOL. 668, MARCH 14, 2012 161

No. 68329, granting respondent Bantigue Point

Development CorporationÊs (Corporation) application for
original registration of a parcel of land. Since only
questions of law have been raised, petitioner need not have
filed a Motion for Reconsideration of the assailed CA
Decision before filing this Petition for Review.
The Facts
On 17 July 1997, respondent Bantigue Point

Development Corporation filed with the Regional Trial
Court (RTC) of Rosario, Batangas an application for
original registration of title over a parcel of land with an
assessed value of P4,330, P1,920 and P8,670, or a total
assessed value of P14,920 for the entire property, more
particularly described as Lot 8060 of Cad 453-D, San Juan
Cadastre, with an area of more or less 10,732 square
meters, located at Barangay Barualte, San Juan, Batangas.
3
On 18 July 1997, the RTC issued an Order setting the
case for initial hearing on 22 October 1997.4 On 7 August
1997, it issued a second Order setting the initial hearing on
4 November 1997.5
Petitioner Republic filed its Opposition to the
application for registration on 8 January 1998 while the
records were still with the RTC.6
On 31 March 1998, the RTC Clerk of Court transmitted
motu proprio the records of the case to the MTC of San
Juan, because the assessed value of the property was
allegedly less than P100,000.7
_______________
3 Application for Original Registration of Title dated 17 July 1997,
MTC records, pp. 1-2.
4 Order dated 18 July 1997, MTC records, pp. 25-27.
5 Order dated 7 August 1997, MTC records, pp. 28-29.
6 Opposition dated 8 January 1998, MTC records, pp. 50-52.
7 Order dated 30 April 1998, MTC records, p. 59.
162

Thereafter, the MTC entered an Order of General

Default8 and commenced with the reception of evidence.9
Among the documents presented by respondent in support
of its application are Tax Declarations,10 a Deed of Absolute
Sale in its favor,11 and a Certification from the Department
of Environment and Natural Resources (DENR)
Community Environment and Natural Resources Office
(CENRO) of Batangas City that the lot in question is
within the alienable and disposable zone.12 Thereafter, it
awarded the land to respondent Corporation.13
Acting on an appeal filed by the Republic,14 the CA ruled
that since the former had actively participated in the
proceedings before the lower court, but failed to raise the

jurisdictional challenge therein, petitioner is thereby
estopped from questioning the jurisdiction of the lower
court on appeal.15 The CA further found that respondent
Corporation had sufficiently established the latterÊs
registrable title over the subject property after having
proven open, continuous, exclusive and notorious
possession and occupation of the subject land
_______________
8 Order dated 27 August 1998, MTC records, p. 62.
9 Id.
10 Tax Declarations, Exhibits Q to BB and Exhibit EE of ApplicantÊs
Formal Offer of Documentary Evidence dated 29 September 2000.
11 Deed of Absolute Sale dated 15 September 1994, Exhibit CC of
ApplicantÊs Formal Offer of Documentary Evidence dated 29 September
2000.
12 Certification by the Community Environment and Natural
Resources Office of Batangas City dated 5 May 1997, Exhibit K of
2000.
13 Decision dated 22 January 2001, MTC records, pp. 76-85.
14 Notice of Appeal dated 12 February 2001, MTC records, p. 86-87.
15 CA Decision dated 13 February 2004, p. 3; Rollo, p. 8.
163
VOL. 668, MARCH 14, 2012 163

by itself and its predecessors-in-interest even before the

outbreak of World War II.16
Dissatisfied with the CAÊs ruling, petitioner Republic
filed this instant Rule 45 Petition and raised the following
arguments in support of its appeal:
I.
THE REPUBLIC CANNOT BE ESTOPPED FROM
QUESTIONING THE JURISDICTION OF THE MUNICIPAL
TRIAL COURT OVER THE APPLICATION FOR ORIGINAL
REGISTRATION OF LAND TITLE EVEN FOR THE FIRST TIME
ON APPEAL
II.
THE MUNICIPAL TRIAL COURT FAILED TO ACQUIRE
JURISDICTION OVER THE APPLICATION FOR ORIGINAL
REGISTRATION OF LAND TITLE.17
The CourtÊs Ruling
We uphold the jurisdiction of the MTC, but remand the

case to the court a quo for further proceedings in order to
determine if the property in question forms part of the

alienable and disposable land of the public domain.
The Republic is not estopped from raising

the issue of jurisdiction in this case.
At the outset, we rule that petitioner Republic is not
estopped from questioning the jurisdiction of the lower
court, even if the former raised the jurisdictional question
only on appeal. The rule is settled that lack of jurisdiction
over the subject matter may be raised at any stage of the
proceed-
_______________
16 CA Decision dated 13 February 2004, pp. 3-4; Rollo, pp. 8-9.
17 Petition for Review on Certiorari dated 12 April 2004, p. 8; Rollo, p.
20.
164

ings.18 Jurisdiction over the subject matter is conferred

only by the Constitution or the law.19 It cannot be acquired
through a waiver or enlarged by the omission of the parties
or conferred by the acquiescence of the court.20
Consequently, questions of jurisdiction may be cognizable
even if raised for the first time on appeal.21
The ruling of the Court of Appeals that „a party may be
estopped from raising such [jurisdictional] question if he
has actively taken part in the very proceeding which he
questions, belatedly objecting to the courtÊs jurisdiction in
the event that the judgment or order subsequently
rendered is adverse to him‰22 is based on the doctrine of
estoppel by laches. We are aware of that doctrine first
enunciated by this Court in Tijam v. Sibonghanoy.23 In
Tijam, the party-litigant actively participated in the
proceedings before the lower court and filed pleadings
therein. Only 15 years thereafter, and after receiving an
adverse Decision on the merits from the appellate court,
did the party-litigant question the lower courtÊs
jurisdiction. Considering the unique facts in that case, we
held that estoppel by laches had already precluded the
party-litigant from raising the question of lack of
jurisdiction on appeal. In Figueroa v. People,24 we
cautioned that Tijam must be construed as an exception to
the general rule and applied only in the most exceptional
cases whose factual milieu is similar to that in the latter
case.
_______________
18 Sps. Pasco v. Pison-Arceo Agricultural and Development Corp., 520
Phil. 387; 485 SCRA 514 (2006).
19 Sps. Genato v. Viola, G.R. No. 169706, 5 February 2010, 611 SCRA
677.
20 Gomez-Castillo v. COMELEC, G.R. No. 187231, 22 June 2010, 621
SCRA 499.
21 La Naval Drug Corporation v. Court of Appeals, G.R. No. 103200,
31 August 1994, 236 SCRA 78.
22 CA Decision dated 13 February 2004, p. 3; Rollo, p. 8.
23 131 Phil. 556; 23 SCRA 29 (1968).
24 G.R. No. 147406, 14 July 2008, 558 SCRA 63.
165
VOL. 668, MARCH 14, 2012 165

The facts are starkly different in this case, making the

exceptional rule in Tijam inapplicable. Here, petitioner
Republic filed its Opposition to the application for
registration when the records were still with the RTC.25 At
that point, petitioner could not have questioned the
delegated jurisdiction of the MTC, simply because the case
was not yet with that court. When the records were
transferred to the MTC, petitioner neither filed pleadings
nor requested affirmative relief from that court. On appeal,
petitioner immediately raised the jurisdictional question in
its Brief.26 Clearly, the exceptional doctrine of estoppel by
laches is inapplicable to the instant appeal.
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 the
presumption that the party entitled to assert it either has
abandoned or declined to assert it.‰27 In this case,
petitioner Republic has not displayed such unreasonable
failure or neglect that would lead us to conclude that it has
abandoned or declined to assert its right to question the
lower courtÊs jurisdiction.
II
The Municipal Trial Court properly acquired

jurisdiction over the case.
In assailing the jurisdiction of the lower courts,
petitioner Republic raised two points of contention: (a) the
period for setting the date and hour of the initial hearing;
and (b) the value of the land to be registered.
_______________
26 Brief for the Appellant dated 27 November 2001, pp. 8-10; CA
Rollo, pp. 25-27.
27 Tijam v. Sibonghanoy, supra note 23, at 563; p. 35.
166

First, petitioner argued that the lower court failed to

acquire jurisdiction over the application, because the RTC
set the date and hour of the initial hearing beyond the 90-
day period provided under the Property Registration
Decree.28
We disagree.
The Property Registration Decree provides:
„Sec. 23. Notice of initial hearing, publication, etc.·The court

shall, within five days from filing of the application, issue an order
setting the date and hour of the initial hearing which shall not be
earlier than forty-five days nor later than ninety days from the date
of the order. x x x.‰
In this case, the application for original registration was

filed on 17 July 1997.29 On 18 July 1997, or a day after the
filing of the application, the RTC immediately issued an
Order setting the case for initial hearing on 22 October
1997, which was 96 days from the Order.30 While the date
set by the RTC was beyond the 90-day period provided for
in Section 23, this fact did not affect the jurisdiction of the
trial court. In Republic v. Manna Properties, Inc.,31
petitioner Republic therein contended that there was
failure to comply with the jurisdictional requirements for
original registration, because there were 125 days between
the Order setting the date of the initial hearing and the
initial hearing itself. We ruled that the lapse of time
between the issuance of the Order setting the date of initial
hearing and the date of the initial hearing itself was not
fatal to the application. Thus, we held:
„x x x [A] party to an action has no control over the
Administrator or the Clerk of Court acting as a land court;
he
_______________
28 Petition for Review on Certiorari dated 12 April 2004, pp. 11-13;
Rollo, pp. 23-25.
29 Application for Original Registration of Title dated 17 July 1997,
MTC records, pp. 1-2.
31 490 Phil. 654; 450 SCRA 247 (2005).
167
VOL. 668, MARCH 14, 2012 167

has no right to meddle unduly with the business of such

official in the performance of his duties. A party cannot
intervene in matters within the exclusive power of the trial
court. No fault is attributable to such party if the trial
court errs on matters within its sole power. It is unfair to
punish an applicant for an act or omission over which the
applicant has neither responsibility nor control, especially
if the applicant has complied with all the requirements of
the law.‰32
Indeed, it would be the height of injustice to penalize
respondent Corporation by dismissing its application for
registration on account of events beyond its control.
Moreover, since the RTC issued a second Order on 7
August 1997 setting the initial hearing on 4 November
1997,33 within the 90-day period provided by law, petitioner
Republic argued that the jurisdictional defect was still not
cured, as the second Order was issued more than five days
from the filing of the application, again contrary to the
prescribed period under the Property Registration
Decree.34
Petitioner is incorrect.
The RTCÊs failure to issue the Order setting the date and
hour of the initial hearing within five days from the filing
of the application for registration, as provided in the
Property Registration Decree, did not affect the courtÊs its
jurisdiction. Observance of the five-day period was merely
directory, and failure to issue the Order within that period
did not deprive the RTC of its jurisdiction over the case. To
rule that compliance with the five-day period is mandatory
would make jurisdiction over the subject matter dependent
upon the trial court. Jurisdiction over the subject matter is
conferred only by
_______________
32 Id., at p. 664; p. 256.
33 Order dated 7 August 1997, MTC records, pp. 28-29.
34 Petition for Review on Certiorari dated 12 April 2004, p. 12; rollo,
p. 24.
168

the Constitution or the law.35 It cannot be contingent upon

the action or inaction of the court.
This does not mean that courts may disregard the
statutory periods with impunity. We cannot assume that
the law deliberately meant the provision „to become
meaningless and to be treated as a dead letter.‰36 However,
the records of this case do not show such blatant disregard
for the law. In fact, the RTC immediately set the case for
initial hearing a day after the filing of the application for
registration,37 except that it had to issue a second Order
because the initial hearing had been set beyond the 90-day
period provided by law.
Second, petitioner contended38 that since the selling
price of the property based on the Deed of Sale annexed to
respondentÊs application for original registration was
P160,000,39 the MTC did not have jurisdiction over the
case. Under Section 34 of the Judiciary Reorganization Act,
as amended,40 the MTCÊs delegated jurisdiction to try
cadastral and land registration cases is limited to lands,
the value of which should not exceed P100,000.
We are not persuaded.
The delegated jurisdiction of the MTC over cadastral
and land registration cases is indeed set forth in the
Judiciary Reorganization Act, which provides:
„Sec. 34. Delegated Jurisdiction in Cadastral and Land

Registration Cases.·Metropolitan Trial Courts, Municipal Trial
Courts,
_______________
35 Sps. Genato v. Viola, supra note 19.
36 Tatad v. Sandiganbayan, 242 Phil. 563, 575; 159 SCRA 70 (1988).
38 Petition for Review on Certiorari dated 12 April 2004, pp. 13-15; Rollo,
pp. 25-27.
39 Deed of Absolute Sale dated 15 September 1994, Annex „A‰ to the
Application for Original Registration of Title, MTC records pp. 4-5.
40 Batas Pambansa Bilang 129, as amended.
169
VOL. 668, MARCH 14, 2012 169

and Municipal Circuit Trial Courts may be assigned by the

Supreme Court to hear and determine cadastral or land registration
cases covering lots where there is no controversy or opposition, or
contested lots where the value of which does not exceed One
hundred thousand pesos (P100,000.00), such value to be
ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decision in

these cases shall be appealable in the same manner as decisions of
the Regional Trial Courts. (As amended by R.A. No. 7691)
(Emphasis supplied.)‰
Thus, the MTC has delegated jurisdiction in cadastral

and land registration cases in two instances: first, where
there is no controversy or opposition; or, second, over
contested lots, the value of which does not exceed P100,000.
The case at bar does not fall under the first instance,
because petitioner opposed respondent CorporationÊs
application for registration on 8 January 1998.41
However, the MTC had jurisdiction under the second
instance, because the value of the lot in this case does not
exceed P100,000.
Contrary to petitionerÊs contention, the value of the land
should not be determined with reference to its selling price.
Rather, Section 34 of the Judiciary Reorganization Act
provides that the value of the property sought to be
registered may be ascertained in three ways: first, by the
affidavit of the claimant; second, by agreement of the
respective claimants, if there are more than one; or, third,
from the corresponding tax declaration of the real
property.42
In this case, the value of the property cannot be
determined using the first method, because the records are
bereft of any affidavit executed by respondent as to the
value of the property. Likewise, valuation cannot be done
through the second method, because this method finds
application only where
_______________
42 The Judiciary Reorganization Act, as amended, Sec. 34.
170

there are multiple claimants who agree on and make a

joint submission as to the value of the property. Here, only
respondent Bantigue Point Development Corporation
claims the property.
The value of the property must therefore be ascertained
with reference to the corresponding Tax Declarations
submitted by respondent Corporation together with its
application for registration. From the records, we find that
the assessed value of the property is P4,330, P1,920 and
P8,670, or a total assessed value of P14,920 for the entire
property.43 Based on these Tax Declarations, it is evident
that the total value of the land in question does not exceed
P100,000. Clearly, the MTC may exercise its delegated
jurisdiction under the Judiciary Reorganization Act, as
amended.
III
A certification from the CENRO is not sufficient

proof that the property in question is alienable and
disposable land of the public domain.
Even as we affirm the propriety of the MTCÊs exercise of
its delegated jurisdiction, we find that the lower court erred
in granting respondent CorporationÊs application for
original registration in the absence of sufficient proof that
the property in question was alienable and disposable land
of the public domain.
The Regalian doctrine dictates that all lands of the
public domain belong to the State.44 The applicant for land
registration has the burden of overcoming the presumption
of State ownership by establishing through incontrovertible
evidence that the land sought to be registered is alienable
or disposable
_______________
43 Tax Declaration Nos. 004-00465, 004-00466 and 004-00467;
Annexes „B,‰ „B-1‰ and „B-2‰ to the Application for Original Registration
of Title, MTC records, pp. 6-8.
44 CONSTITUTION, Article XII, Section 2.
171
VOL. 668, MARCH 14, 2012 171

based on a positive act of the government.45 We held

in Republic v. T.A.N. Properties, Inc. that a CENRO
certification is insufficient to prove the alienable and
disposable character of the land sought to be registered.46
The applicant must also show sufficient proof that the
DENR Secretary has approved the land classification and
released the land in question as alienable and disposable.47
Thus, the present rule is that an application for original
registration must be accompanied by (1) a CENRO or
PENRO48 Certification; and (2) a copy of the original
classification approved by the DENR Secretary and
certified as a true copy by the legal custodian of the official
records.49 Here, respondent Corporation only presented a
CENRO certification in support of its application.50 Clearly,
this falls short of the requirements for original registration.
We therefore remand this case to the court a quo for
reception of further evidence to prove that the property in
question forms part of the alienable and disposable land of

the public domain. If respondent Bantigue Point
Development Corporation presents a certified true copy of
the original classification approved by the DENR Secretary,
the application for original registration should be granted.
If it fails to present sufficient proof that the land in
question is alienable and disposable based on a positive act
of the government, the application should be denied.
_______________
45 Secretary of the Department of Environment and Natural Resources
v. Yap, G.R. No. 167707, 8 October 2008, 568 SCRA 164.
46 G.R. No. 154953, 26 June 2008, 555 SCRA 477.
47 Id.
48 Provincial Environment and Natural Resources Office.
49 Republic v. Vega, G.R. No. 177790, January 17, 2011, 639 SCRA
541.
50 Certification by the Community Environment and Natural
Resources Office of Batangas City dated 5 May 1997, Exhibit K of
2000.
172

WHEREFORE, premises considered, the instant

Petition for Review is DENIED. Let this case be
REMANDED to the Municipal Trial Court of San Juan,
Batangas, for reception of evidence to prove that the
property sought to be registered is alienable and disposable
land of the public domain.
SO ORDERED.
Carpio (Chairperson), Brion, Perez and Reyes, JJ.,

concur.
Petition denied.
Notes.·The Rule on Summary Procedure, by way of

exception, permits only a motion to dismiss on the ground
of lack of jurisdiction over the subject matter but it does not
mention the ground of lack of jurisdiction over the person.
(Victorias Milling Co., Inc. vs. Court of Appeals, 622 SCRA
131 [2010]).
The principle of laches or „stale demands‰ ordains that
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·negligence or
omission to assert a right within a reasonable time·
warrants a presumption that the party entitled to assert it

has abandoned it or declined to assert it. (Manila vs.
Gallardo-Manzo, 657 SCRA 20 [2011]).
··o0o··
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SUPREME COURT REPORTS ANNOTATED VOLUME 668 12/1/19, 10:39 AM

G.R. No. 162322. March 14, 2012.*

Civil Procedure; Courts; Jurisdiction; Lack of jurisdiction over

VOL. 668, MARCH 14, 2012 159

Republic vs. Bantigue Point Development Corporation

have been done earlier; it is negligence or omission to assert a

160 SUPREME COURT REPORTS ANNOTATED

Republic vs. Bantigue Point Development Corporation

of the official records.·The Regalian doctrine dictates that all lands

PETITION for review on certiorari of a decision of the

VOL. 668, MARCH 14, 2012 161

No. 68329, granting respondent Bantigue Point

Decision before filing this Petition for Review.

On 17 July 1997, respondent Bantigue Point

162 SUPREME COURT REPORTS ANNOTATED

Thereafter, the MTC entered an Order of General

proceedings before the lower court, but failed to raise the

VOL. 668, MARCH 14, 2012 163

by itself and its predecessors-in-interest even before the

The CourtÊs Ruling

We uphold the jurisdiction of the MTC, but remand the

determine if the property in question forms part of the

The Republic is not estopped from raising

164 SUPREME COURT REPORTS ANNOTATED

ings.18 Jurisdiction over the subject matter is conferred

VOL. 668, MARCH 14, 2012 165

The facts are starkly different in this case, making the

The Municipal Trial Court properly acquired

166 SUPREME COURT REPORTS ANNOTATED

First, petitioner argued that the lower court failed to

„Sec. 23. Notice of initial hearing, publication, etc.·The court

In this case, the application for original registration was

31 490 Phil. 654; 450 SCRA 247 (2005).

VOL. 668, MARCH 14, 2012 167

has no right to meddle unduly with the business of such

168 SUPREME COURT REPORTS ANNOTATED

the Constitution or the law.35 It cannot be contingent upon

„Sec. 34. Delegated Jurisdiction in Cadastral and Land

VOL. 668, MARCH 14, 2012 169

and Municipal Circuit Trial Courts may be assigned by the

corresponding tax declaration of the real property. Their decision in

Thus, the MTC has delegated jurisdiction in cadastral

170 SUPREME COURT REPORTS ANNOTATED

there are multiple claimants who agree on and make a

A certification from the CENRO is not sufficient

VOL. 668, MARCH 14, 2012 171

based on a positive act of the government.45 We held

question forms part of the alienable and disposable land of

172 SUPREME COURT REPORTS ANNOTATED

WHEREFORE, premises considered, the instant

Carpio (Chairperson), Brion, Perez and Reyes, JJ.,

Notes.·The Rule on Summary Procedure, by way of

warrants a presumption that the party entitled to assert it

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