Republic v. Espinosa, GR No. 186603
Republic v. Espinosa, GR No. 186603
Republic v. Espinosa, GR No. 186603
TALLEDO, JD 2-C
PROF: ATTY. MARCELINO S. MARATA
FACTS:
ISSUE: Whether or not the property involve in this case is part of inalienable forest land at
the time Espinosa was granted the cadastral decree and issued a title.
RULING:
No. The property involve in this case is not part of inalienable forest land at the time
Espinosa was granted the cadastral decree and issued a title.
Jurisprudence holds that in land registration proceedings it must establish that the land
sought to be registered is alienable or disposable based on a positive act of the government.2
In the instant case, Espinosa was granted a cadastral decree and was subsequently
issued OCT No. 191-N, the predecessor title of Caliston's TCT No. 91117. Having been
granted a decree in a cadastral proceeding, Espinosa can be presumed to have overcome the
presumption that the land sought to be registered forms part of the public domain.
Thus, the property involve in this case is not part of inalienable forest land at the time
Espinosa was granted the cadastral decree and issued a title.
1
The decree shall be the basis for the issuance of the certificate of title which shall have the same effect as issuance of the
certificate of title granted under the Property Registration Decree, J. Oswaldo D. Agcaoili, Property Registration Decree and
Related Laws (2018) p. 19
2
Cited in Secretary of DENR v. Yap, GR No. 167707, October 8, 2008
Page 1 of 1