CASE DIGEST
REPUBLIC OF THE PHILIPPINES
v. T.A.N. Properties
G.R. No. 154953, June
26, 2008
FIRST DIVISION, CARPIO,
J.
Property; Land Titles; Judicial Confirmation of Imperfect Title; Proof of Alienable and Disposable Land under RA 11573
The burden of proving land's alienable
and disposable status lies with the applicant. Certifications from DENR are
insufficient; DENR Secretary's approval and survey verification are necessary.
The case involves an application for
the registration of a land parcel filed by T.A.N. Properties, Inc. for Lot
10705-B, covering 56.4007 hectares in Sto. Tomas, Batangas. Support its claim
that land is alienable and disposable, TAN Properties submitted two certifications;
certification from CENRO stating that the subject land as within the Alienable
and Disposable Zone and certification from Forest Management Services of the
DENR) which stated that the subect area falls within an alienable and
disposable land.
Whether the land is alienable and disposable.
NO. The rule is that all lands not appearing to be clearly of private dominion presumably belong to the State. Anyone who applies for registration has the burden of overcoming otherwise.
In this case, TAN submitted two certifications issued by DENR. The certifications, however, are not sufficient.
A. CENRO – issues certificates of land classification status for areas below50 hectares. (It is the PENRO that issues certificates for lands covering 50hectares). Here, the area of the subject land covers over 50 hectares (564,007 square meters). The CENRO certificate covered the entire Lot10705 with an area of 596,116 square meters which is beyond the authority of the CENRO to certify as alienable and disposable.
B. FMS-DENR - has no authority under DAO (DENR-Admin Order) to issue certificates of land classification.
Moreover, it is not enough for the
PENRO or CENRO to certify that a land is alienable and disposable. The
applicant for land registration must prove that:
i. The DENR Secretary had
approved the land classification and released the land of the public domain as
alienable and disposable, and that the land subject of the application for
registration falls within the approved area per verification through survey by
the PENRO or CENRO.
ii. In addition, the applicant for land registration must (4) present 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.
These facts must be established to
prove that the land is alienable and disposable. TAN failed to do so. As the
respondent failed to prove the land's alienable and disposable nature, its
application for registration was denied.
Whether TAN or its
predecessors-in-interest had open, continuous, exclusive, and notorios
possession and occupation of the land in the concept of an owner?
(Update: Under the new law, RA 11573
effective July 16, 2021 – the required period of possession is 20 years prior
to the application of the petition for judicial confirmation of imperfect
title)
NO. The Court find’s TAN’s uncorroborated witness testimony insufficient to prove that TAN’s predecessors-in-interest had been in possession of the land in the concept of an owner for more than 30 years. Moreover, the tax declarations presented were only for the years starting1955. TAN did not present any credible explanation why the realty taxes were only paid starting 1955 considering the claim that the Dimayugas were allegedly in possession of the land before 1945.
Doctrine allowing private corporations to apply for registration doesn't apply when land was not already private when acquired. In this case, TAN acquired the land on 8 August 1997 from Porting, who, along with his predecessors-in-interest, has not shown to have been, as of that date, in open, continuous, and adverse possession of the land for 30years since 12 June 1945. Hence, TAN failed to prove that any portion of the land was already private land when it acquired it from Porting in 1997.
What is the required proof that Land is Alienable and Disposable under RA 11573:AN ACT IMPROVING THE CONFIRMATION PROCESS FOR IMPERFECT LAND TITLES
Under the new law, for purposes of judicial confirmation of imperfect titles, a duly signed certification by a duly designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands of the public domain is sufficient proof that the land is alienable; and the certification shall state the applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, Proclamations and the Land Classification Project Map Number covering the subject land.
If such documents has no available copy, present a sworn statement declaring that said land classification map is existing in the inventory of LC Map records of the National Mapping and Resource Information Authority (NAMRIA) and is being used by the DENR as land classification map.
Moreover, said Geodetic Engineer shall
be presented in the witness stand during trial and hearing of the Petition for Judicial
Confirmation of Imperfect Titles.