Republic v. Espinosa, GR No. 186603

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SANDRA P.

TALLEDO, JD 2-C
PROF: ATTY. MARCELINO S. MARATA

CASE DIGEST PAPER FOR LAND TITLE AND DEEDS

1. CASE TITLE: REPUBLIC OF THE PHILIPPINES v. ESPINOSA, GR NO. 186603


DATE: April 5, 2017
PONENTE: Justice Francis H. Jardeleza

FACTS:

1. Petitioner represented by the Regional Executive Director of the Department of


Environment and Natural Resources (DENR), Region VI, Iloilo City filed a
Complaint for annulment of title and/or reversion of land with the RTC, Branch 61 of
Kabankalan City, Negros Occidental on January 13, 2003.
2. Petitioner claimed that the property is inalienable public land because it fell within a
timberland area.
3. Respondent Caliston argued that her title was issued earlier in 1962. The said property
was sold to her by Valentina Espinosa on June 17, 1976 with Transfer Certificate of
Title (TCT) No. T- 9111. The TCT N o. is covered with OCT No. 191-N issued on
October 15, 1962 after the Cadastral Decree1 No. N-31626 was issued to Valentina
Espinosa.

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
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