FACTS:
Petitioners averred that they and their predecessors-in-interest had been in
actual possession of the disputed land since time immemorial until they were
prevented from entering the same by persons claiming to be the new owners sometime
in 1995. After examining the records found in the Office of the Register of Deeds of
Lapu-Lapu City, they discovered that OCT No. RO-1121 (Petitioner's alleged title over
the land) had already been cancelled as early as 1969 and that the subject property,
after several other transfers, was presently registered in the name of respondent.
The records in the Office of the Register of Deeds showed each transfer involving
the disputed land. Petitioners learned that OCT No. RO-1121, registered in the names
of Julian and Pedro Tiro, was cancelled on 10 September 1969. In its place, TCT No.
2848 was issued in favor of Spouses Julio Baba and Olimpia Mesa. The registration of
the disputed property in favor of the Spouses Baba was supported by two documents:
(1) an Extrajudicial Declaration of Heir and Confirmation of Sale dated 20 August
1969, executed by Maxima Ochea (Ochea), claiming to be the only surviving heir of
Julian and Pedro Tiro, wherein she confirmed and ratified an alleged sale of the
subject land made before World War II by Julian and Pedro Tiro in favor of Spouses
Bibiano Amores and Isabel Digno; and (2) another document entitled "Deed of
Confirmation," also dated 20 August 1969, executed by the Spouses Amores, wherein
they verified that they subsequently transferred the disputed property to the Spouses
Baba sometime in 1947.
On 20 June 1979, TCT No. 2848 was cancelled to give way to the issuance of TCT No.
9415 in the name of Spouses Ronaldo Velayo and Leonor Manuel, after the Spouses
Baba sold the disputed property to them. Subsequently, the same property was sold
by the Spouses Velayo to Pacific Rehouse Corporation, as a consequence of which TCT
No. 9415 was cancelled and TCT No. 30186 was issued in the name of the latter on 16
February 1995. Finally, on 25 October 1996, following the sale of the disputed land to
respondent, TCT No. 30186 was cancelled and TCT No. 35672 was issued in its name.
It was the petitioners contention that since Ochea was not an heir of the original
registered owners, she had no right to cause the transfer of the disputed property and,
thus, her transfer and all subsequent transfers of said property, including that made
to respondent, were invalid.
In its Answer dated 10 February 1998, respondent claimed that its predecessor-
in-interest Pacific Rehouse Corporation acquired the subject land from the Spouses
Velayo, the registered owners of the property who were also in possession of the same
at the time of the sale. There was nothing in the title or any circumstances during the
sale that would indicate any defect in the Spouses Velayos title to the property.
Respondent pointed out that 27 years had elapsed since the cancellation of OCT No.
RO-1121 before petitioners asserted their rights over the disputed land. Moreover,
petitioners predecessors-in-interest Julian and Pedro Tiro did not question the
cancellation of their title to the property during their lifetimes. Hence, respondent
argued that petitioners action for quieting of title was barred by laches and
prescription.
The Trial Court dismissed the petitioner's claim. The trial court noted that petitioners
claims of filiation to Julian and Pedro Tiro were not supported by documents. The
testimonies of petitioners witnesses were also inconsistent as to the location of the
disputed land, as well as the number of Pedro Tiros children. The RTC stressed that
even assuming that petitioners were heirs of the late Julian and Pedro Tiro, and
Maxima Ochea was in no way related to them, petitioners claims had already
prescribed, considering that the Complaint was filed more than ten years since the
registration of the disputed property in the name of the Spouses Baba in 1969.
The case was elevated to the CA but instead of submitting an appellants brief
they submitted a motion for new trial accompanied by marriage certificate, baptismal
certificate to support their claim. Nevertheless, the CA dismissed it in the same
reasoning the RTC dismissed it.
ISSUE:
WON a forged document may be a root of a valid title.
HELD:
Yes, a forged document may be a root of a valid title when good faith is
established.
In this case, petitioners directed all allegations of bad faith solely at Ochea. The
property in question had already been the subject of five succeeding transfers to
persons who were not accused of having purchased the same in bad faith. Petitioners
attempt, therefore, to have respondents certificate of title to the disputed property
annulled, must fail.
In Veloso v. Court of Appeals, 260 SCRA 593 (1996), this Court enunciated that
a title issued to an innocent purchaser and for value cannot be revoked on the basis
that the deed of sale was falsified, if he had no knowledge of the fraud committed.
rep vs CA
G.R. No. L-43105 August 31, 1984
REP vs CA and SANTOS DEL RIO
Facts:
Petitioner Director of Lands claims that the land sought to be registered is part
of the public domain and therefore not registerable. Petitioners private oppositors, on
the other hand, allege that they reclaimed the land by dumping duck egg shells
thereon, and that they have been in possession of the same for more than twenty (20)
years.
The lot subject matter of this land registration case. It was purchased by
Benedicto del Rio.The Deed of Sale evidencing said purchase is duly recorded with the
Registry of Deeds of Sta. Cruz, Laguna. When Benedicto del Rio died in 1957, his heirs
extrajudicially partitioned his estate and the subject parcel passed on to his son,
Santos del Rio, as the latter's share in the inheritance.
Santos del Rio, herein applicant-private respondent, filed his application for
registration of said parcel on May 9, 1966. The application was opposed by the
Director of Lands and by private oppositors.
Sometime before 1966, private oppositors obtained permission from Santos del
Rio to construct duck houses on the land in question. Although there was no definite
commitment as to rentals, some of them had made voluntary payments to private
respondent. In violation of the original agreement, private oppositors constructed
residential houses on the land which prompted private respondent to file an ejectment
suit against the former in 1966. Meanwhile, during the latter part of 1965 and in
1966, private oppositors had simultaneously filed their respective sales applications
with the Bureau of Lands, and in 1966, they opposed Santos del Rios application for
registration. The CFI of Laguna dismissed the application for registration. Applicant
appealed and obtained a favorable judgment from the CA. The Director of Lands and
the private oppositors filed their respective Petitions for Review of said decision.
Issues:
1) Whether or not the parcel of land in question is public land; and
2) Whether or not applicant private respondent has registerable title to the land.
Held:
1. No. it is not a public land. As aptly found by the Court a quo, the submersion
in water of a portion of the land in question is due to the rains falling directly on or
flowing into Laguna de Bay from different sources. Since the inundation of a portion
of the land is not due to flux and reflux of tides it cannot be considered a foreshore
land within the meaning of the authorities cited by petitioner Director of Lands. The
land sought to be registered not being part of the bed or basin of Laguna de Bay, nor a
foreshore land as claimed by the Director of Lands, it is not a public land and
therefore capable of registration as private property provided that the applicant proves
that he has a registerable title. This brings us to the second issue which is whether or
not applicant-private respondent has register able title to the land.
2. Yes, Santos Del Rio can register the land. While it is true that by themselves
tax receipts and declarations of ownership for taxation purposes are not
incontrovertible evidence of ownership, they become strong evidence of ownership
acquired by prescription when accompanied by proof of actual possession of the
property. The then Court of Appeals found applicant by himself and through his father
before him, has been in open, continuous, public, peaceful, exclusive and adverse
possession of the disputed land for more than thirty (30) years, counted from April 19,
1909, when the land was acquired from a third person by purchase.
Ordinary prescription for real property last 10 years. Petitioners also have
fulfilled all the requirements for acquisition of a public land even if it be assumed that
land at bar is a public land. The record does not show any circumstance of note
sufficient enough to overthrow said findings of facts which is binding upon Us. Since
applicant has possessed the subject parcel in the concept of owner with just title and
in good faith, his possession need only last for ten years in order for ordinary
acquisitive prescription to set in. Applicant has more than satisfied this legal
requirement. And even if the land sought to be registered is public land as claimed by
the petitioners still, applicant would be entitled to a judicial confirmation of his
imperfect title, since he has also satisfied the requirements of the Public Land Act
(Commonwealth Act No. 141 as amended by Republic Act No. 1942).
casimiro devt vs mateo
FACTS:
In 1988, petitioner purchased from China Bank the land in question which was
previously sold by the mother of Mateo to Rodolfo Pe who in turn constituted a
mortgage on the property in favor of China Bank as security for a loan. China Bank
foreclosed the mortgage and consolidated its ownership of the property after Rodolfo
failed to redeem. A TCT was issued in the name of China Bank. In 1991, CDC brought
an action for unlawful detatiner against the respondents siblings. Respondent
counters that CDC acquired the property from China Bank in bad faith because it had
actual knowledge of the possession of the property by the respondent and his siblngs.
ISSUE:
Whether or not the registration in the Torrens system is a mode of acquiring
ownership?
HELD:
No. Registration under the Torrens system, not being a mode of acquiring
ownership, does not create or vest title. The Torrens certificate of title is merely an
evidence of ownership or title in the particular property described therein. In that
sense, the issuance of the certificate of title to a particular person does not preclude
the possibility that persons not named in the certificate may be co-owners of the real
property therein described with the person named therein, or that the registered
owner may be holding the property in trust for another person.
Supreme Courts decision grant the petition for review on certiorari; set aside
the decision of the Court of Appeals in CA-GR. CV No. 71696; dismiss the complaint
in Civil Case No. 94-2045; and declare Transfer Certificate of Title No. T-34640 in the
name of Casimiro Development Corporation valid and subsisting.
heirs of lopez vs DBP
Heirs of Lopez vs Development Bank of the Philippines
Facts:
Gregoria Lopez owned a 2,734-square-meter property in Bustos, Bulacan. She
died on March 19, 1922 and was survived by her three sons: Teodoro Lopez, Francisco
Lopez, and Carlos Lopez.7 Tax Declaration No. 613 was issued under the names of
Teodoro, Francisco, and Carlos.
Teodoro, Francisco, and Carlos died. Only Teodoro was survived by children:
Gregorio, Enrique, Simplicio, and Severino.
Petitioners in this case are Simplicio substituted by his daughter Eliza Lopez,
and the heirs of Gregorio and Severino. Enrique is deceased.
Issue:
Whether or not it is a valid sale.
Held:
No. A seller can only sell what he or she owns, or that which he or she does not
own but has authority to transfer, and a buyer can only acquire what the seller can
legally transfer.
The issuance of the original certificate of title in favor of Marietta does not cure
Enriques lack of title or authority to convey his co-owners portions of the property.
Issuance of a certificate of title is not a grant of title over petitioners undivided
portions of the property. The physical certificate of title does not vest in a person
ownership or right over a property. It is merely an evidence of such ownership or right.
Marietta could acquire valid title over the whole property if she were an
innocent purchaser for value. An innocent purchaser for value purchases a property
without any notice of defect or irregularity as to the right or interest of the seller. He or
she is without notice that another person holds claim to the property being purchased.
Facts:
The descendants of Pablo Pascua filed a complaint (in their complaint
respondents alleged that Pablo died intestate sometime in June 1945 and was
survived by his four children, one of whom was the deceased Cipriano) seeking
reconveyance of a parcel of land with an area of 23.7229 hectares situated in
Cabitaugan, Subic, Zambales with Original Certificate of Title (OCT) No. 404 in the
name of Pablo. In the alternative, the heirs of Valdez prayed that damages be awarded
in their favor.
OCT No. 404 was attached as one of the annexes of respondents complaint. It
contained several annotations in the memorandum of encumbrances which showed
that the property had already been sold by Pablo during his lifetime to Alejandria
Marquinez and Restituto Morales.
It was further averred in the complaint that Jorge Pascua, Sr., son of Cipriano,
filed a petition before the RTC of Olongapo City for the issuance of a new owners
duplicate of OCT No. 404. However, the RTC denied the petition and held that
petitioner was already the owner of the land, noting that the failure to annotate the
subsequent transfer of the property to it at the back of OCT No. 404 did not affect its
title to the property.
Petitioner filed a motion to dismiss the complaint on the grounds that the
action is barred by the Statute of Limitations, more than 28 years having elapsed from
the issuance of TCT No. T-10863 up to the filing of the complaint, and that the
complaint states no cause of action as it is an innocent purchaser for value, it having
relied on the clean title of the spouses Rodolfo.
The appellate court further held that the ruling of the RTC that petitioner is an
innocent purchaser for value is contrary to the allegations in respondents complaint.
Hence, the present petition for review.
Issue:
Whether or not respondents can claim Assurance Fund under Sec. 101 of P.D
1529.
Held:
No, respondents claim against the Assurance Fund also cannot prosper.
Section 101 of P.D. No. 1529 clearly provides that the Assurance Fund shall not be
liable for any loss, damage or deprivation of any right or interest in land which may
have been caused by a breach of trust, whether express, implied or constructive. Even
assuming arguendo that they are entitled to claim against the Assurance Fund, the
respondents claim has already prescribed since any action for compensation against
the Assurance Fund must be brought within a period of six (6) years from the time the
right to bring such action first occurred, which in this case was in 1967.
Lastly, the complaint does not allege any defect with TCT No. T-8242 in the
name of the spouses Rodolfo, who were petitioners predecessors-in-interest, or any
circumstance from which it could reasonably be inferred that petitioner had any actual
knowledge of facts that would impel it to make further inquiry into the title of the
spouses Rodolfo.
marasigan vs iac
HEIRS OF MARIA MARASIGAN v. IAC
G.R. No. L-69303 July 23, 1987; Guttierez, Jr., J.:
FACTS:
On April 24, 1975, a civil case entitled Maria Marron v. Felicisimo Bazar and
Fe S. Bazar was filed before the then CFI of Manila, Br. XIII. This action sought to
compel defendants Bazar to execute a registrable Deed of Absolute Saleof Lot No. 2-A
covered by T.C.T No. 100612 in favor of Maria Marron. On January 27, 1976, while the
above case was still pending, private respondent Marron caused the annotation of a
notice of lis pendensat the back of T.C.T. No. 100612.On February 24, 1976, judgment
was rendered in favor of Maria Marron and the judgment having become final and
executory, she filed a motion for execution which was granted. To this, a writ of
execution was granted but the Bazars refused to surrender their title and to execute
the required deed of sale. On November 29, 1978, the lower court ordered the Clerk of
Court to execute the deed of sale. But upon presentation of the said deed to the
Register of Deeds of Manila for registration, the Deputy Clerk of Court was advised to
secure a court order in order to cancel the new title issued in favor of one Maria
Marasigan. This is due to a prior deed of absolute sale in favor of such person
executed on December 18, 1974. However, it was only on July 5, 1977 that such deed
was registered; hence, Marasigans title bears with it the above notice of lis pendens.
The Bazars filed a petition for relief of the February 24 judgment and while this
was pending, the moved to set aside the same on the ground of lack of jurisdiction
over their persons. Meanwhile, Marrons Land Registration Court case was dismissed
by CFI Manila, Br. XIII for said court acting as an L.R.C. cannot act under summary
proceedings for having only limited and special jurisdiction. Then, Marron filed
another civil case to cancel Marasigans TCT. This was denied for being premature.
But, on appeal, the IAC ruled in favor of Marron by virtue of the notice of lis pendens.
Hence, this petition by the heirs of Marasigan, the latter having died in the course of
the proceedings.
ISSUE:
WON THE PARTY WHO BOUGHT IT WITH A NOTICE OF LIS PENDENS
ANNOTATED AT THE BACK OF HER TITLE HASTHE BETTER RIGHT TO THE
PROPERTY IN QUESTION AS AGAINST THE PARTY IN WHOSE FAVOR THE NOTICE
WAS MADE.
HELD:
NEGATIVE. The Supreme Court affirmed the appellate court, stating that this
question is resolved in favor of the party who had the notice annotated and who won
the litigation over the property, Maria Marron in this case. A notice of lis pendens
means that a certain property is involved in a litigation and serves as a notice to the
whole world that one who buys the same does it at his own risk. It was also a clear
notice to Maria Marasigan that there was a cour tcase affecting her rights to the
property she had purchased. In the case at bar, although Marasigan acquired the
property in question on December 18, 1974 or a little over four (4) months before the
filing of Marrons civil action against the Bazars, the transaction became effective as
against third persons only on July 5, 1977, when it was registered with the Register of
Deeds of Manila. It is the act of registration which creates constructive notice to the
whole world. Section 51 of Act 496, as amended by Section 52 of the Property
Registration Decree (P.D. 1529) provides:
FACTS:
This is a petition for certiorari, to nullify and set aside the orders and decision
of the respondent Judge, and mandamus to order the respondent Judge to give due
course to the petitioners Motion for New Trial. The petitioner also prays for the
dismissal of the respondent corporations application for registration.
On Jan. 23, 1975, the date of the initial hearing, neither petitioner nor his
counsel was present; an order of general default was issued by the respondent Judge
on the same date. After the reception of the evidence for the applicant before the clerk
of court, the respondent Judge rendered the questioned decision and adjudicated the
lands in favor of the respondent corporation.
Thereafter, petitioner filed a Motion for New Trial on the grounds that the failure
of his counsel to appear at the initial hearing was excusable, and that the decision
was contrary to facts and to law. The motion was however denied.
ISSUE:
WON the corporations application for registration of the land be granted?
RULING:
No. The corporations application for registration should not be granted without
sufficient proof that the applicant possessed an imperfect and incomplete title that is
registrable under the Public Land Act.
Further, we hold that the lower court gravely abused its discretion when it
granted the respondent corporations application for registration, without sufficient
proof that the applicant possessed an imperfect and incomplete title that is registrable
under Sec. 48, par. b, of Commonwealth Act 141, as amended by Republic Act 6236,
otherwise known as the Public Land Act. Verily, we said in Director of Lands vs.
Intermediate Appellate Court that: No proof being admissible to overcome a
conclusive presumption, confirmation proceedings would, in truth, be little more than
formality, at the most limited to ascertaining whether the possession claimed is of the
required character and length of time; and registration thereunder would not confer
title, but simply recognize a title already vested.
But precisely we are not convinced with the conclusion of the respondent Judge
and with the arguments of the respondent corporation that the latter, through its
predecessors-in-interest, has been in open, continuous, exclusive, and notorious
possession and occupation of agricultural lands of the public domain, under a bona
fide claim of acquisition or ownership, for at least thirty years.
tan vs republic
TAN VS REPUBLIC (REPUBLIC V. T.A.N. PROPERTIES INC. [555 SCRA 477])
FACTS:
In 1999, T.A.N. Properties filed in the RTC of Batangas an application
for the registration of a land, located at Sto. Tomas, Batangas and with an area of
56.4007 hectares. To support its application, it submitted two certificates, issued
by CENRO and FMS-DENR and both certifying that the land applied for was alienable
and disposable. The Republic of the Philippines, represented by the Director of
Lands, opposed the application on the ground that T.A.N. Properties did not prove that
the land was alienable and disposable.
ISSUE:
WON the applicant proved that, the land is alienable and disposable.
HELD:
No. It is the burden of the applicant to prove that the land subject to
registration is alienable and disposable and for such the applicant must prove that
the DENR Secretary had approved the land classification and released the land of the
public domain as alienable and disposable. In the present case, T.A.N. Properties
did not provide the needed proof. For the documents provided by the company,
the Court cited DENR Administrative Order No. 20 (DAO No. 20) and DAO No. 38;
DAO No. 20 proves that FMS-DENR has no authority to issue certificates, classifying
lands to be alienable and disposable; and DAO No. 38 provides that CENRO can issue
certificates of land classification for lands having a maximum area of 50 hectares. The
land applied for in the case has an area of 56.4007 hectares, thus CENRO has no
jurisdiction over it. It is clear from the aforementioned DAOs that the
documents submitted by T.A.N. Properties did not prove that the land is alienable and
disposable.
The well-entrenched rule is that all lands not appearing to be clearly of private
dominion presumably belong to the State. The onus to overturn, by incontrovertible
evidence, the presumption that the land subject of an application for registration is
alienable and disposable rests with the applicant.
Further, 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 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. In addition, the applicant for land registration must
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. Respondent failed to
do so because the certifications presented by respondent do not, by themselves, prove
that the land is alienable and disposable.
ec of DENR vs yap
DENR et al VS. YAP et al
G.R. No. 167707, October 8, 2008
FACTS:
On November 10, 1978, then President Marcos issued Proc. No. 1801 declaring
Boracay Island, among other islands, caves and peninsulas in the Philippines, as
tourist zones and marine reserves under the administration of the Philippine Tourism
Authority (PTA). President Marcos later approved the issuance of PTA Circular 3-82
dated September 3, 1982, to implement Proclamation No. 1801.
Claiming that Proclamation No. 1801 and PTA Circular No 3-82 precluded them
from filing an application for judicial confirmation of imperfect title or survey of land
for titling purposes, respondents-claimants Mayor . Yap, Jr., and others filed a
petition for declaratory relief with the RTC in Kalibo, Aklan
In their petition, respondents-claimants alleged that Proc. No. 1801 and PTA
Circular No. 3-82 raised doubts on their right to secure titles over their occupied
lands. They declared that they themselves, or through their predecessors-in-interest,
had been in open, continuous, exclusive, and notorious possession and occupation in
Boracay since June 12, 1945, or earlier since time immemorial. They declared their
lands for tax purposes and paid realty taxes on them. Respondents-claimants posited
that Proclamation No. 1801 and its implementing Circular did not place Boracay
beyond the commerce of man. Since the Island was classified as a tourist zone, it was
susceptible of private ownership. Under Section 48(b) of the Public Land Act, they had
the right to have the lots registered in their names through judicial confirmation of
imperfect titles.
The Republic, through the OSG, opposed the petition for declaratory relief. The OSG
countered that Boracay Island was an unclassified land of the public domain. It
formed part of the mass of lands classified as public forest, which was not available
for disposition pursuant to Section 3(a) of the Revised Forestry Code, as amended.
The OSG maintained that respondents-claimants reliance on PD No. 1801 and PTA
Circular No. 3-82 was misplaced. Their right to judicial confirmation of title was
governed by Public Land Act and Revised Forestry Code, as amended. Since Boracay
Island had not been classified as alienable and disposable, whatever possession they
had cannot ripen into ownership.
On November 21, 2006, this Court ordered the consolidation of the two
petitions
ISSUE:
the main issue is whether private claimants have a right to secure titles over
their occupied portions in Boracay.
HELD:
petitions DENIED. The CA decision is reversed.
Except for lands already covered by existing titles, Boracay was an unclassified
land of the public domain prior to Proclamation No. 1064. Such unclassified lands are
considered public forest under PD No. 705.
PD No. 705 issued by President Marcos categorized all unclassified lands of the
public domain as public forest. Section 3(a) of PD No. 705 defines a public forest as a
mass of lands of the public domain which has not been the subject of the present
system of classification for the determination of which lands are needed for forest
purpose and which are not. Applying PD No. 705, all unclassified lands, including
those in Boracay Island, are ipso facto considered public forests. PD No. 705, however,
respects titles already existing prior to its effectivity.
The 1935 Constitution classified lands of the public domain into agricultural,
forest or timber, such classification modified by the 1973 Constitution. The 1987
Constitution reverted to the 1935 Constitution classification with one addition:
national parks. Of these, only agricultural lands may be alienated. Prior to
Proclamation No. 1064 of May 22, 2006, Boracay Island had never been expressly and
administratively classified under any of these grand divisions. Boracay was an
unclassified land of the public domain.
Proc. No. 1801 cannot be deemed the positive act needed to classify Boracay
Island as alienable and disposable land. If President Marcos intended to classify the
island as alienable and disposable or forest, or both, he would have identified the
specific limits of each, as President Arroyo did in Proclamation No. 1064. This was not
done in Proclamation No. 1801.
lozada vs bracewell
GR# 179155, 720 scra 371
FACTS:
Petitioner filed an application for registration and confrmation of title over a
parcel of land which was granted by the RTC of Makati City acting as a land
registration court. Consequently, on July 10, 1997,the LRA issued a Decree in the
name of petitioner, who later obtained an OCT.
Finding that petitioner obtained Decree and OCT in bad faith, the Las Pinas
City RTC rendered a decision in favor of Bracewell, who had died during the pendency
of the case and was substituted by Eulalia Bracewell and his heirs.
Petitioner argues that the Las Pinas City-RTC had no Jurisdiction over a
petition for review of a decree of registration under Section 32 ofPD 1529 which should
be filed in the same branch of the court that rendered the decision and ordered the
issuance of the decree (Makati City).
The CA held that, since the petition for review was filed within one (1) year from
the issuance of the questioned decree, and considering that the subject lot is located
in Las Pinas City, the RTC of said city had jurisdiction over the case.
ISSUE:
Whether or not the Las Pinas City-RTC has jurisdiction over the petition for
review of decree, which was issued as a result of the judgment rendered by the RTC of
Makati City?
HELD:
Under the Land Registration Act, which was the law in force at the time ofthe
commencement by both parties of their respective registration proceedings -
jurisdiction over all applications for registration of title was conferred upon the Courts
of First Instance (CFIs, now RTCs) of the respective provinces in which the land
sought to be registered is situated.
It should be pointed out, however, that with the passage of PD 1529 the
distinction between the general jurisdiction vested in the RTC and the limited
jurisdiction conferred upon it as a cadastral court was eliminated.
Section 32. Review of decree of registration; Innocent purchaser for value. - The
decree of registration shall not be reopened or revised by reason of absence,minority,
or other disability of any person adversely affected thereby, nor by any proceeding in
any court for reversing judgments, subject, however, to the right ofany person,
including the government and the branches thereof, deprived of land or of any estate
or interest therein by such adjudication or confirmation of title obtained by actual
fraud, to file in the proper Court of First Instance a petition for reopening and review of
the decree of registration not later than one year from and after the date of the entry of
such decree of registration, but in no case shall such petition be entertained by the
court where an innocent purchaser for value has acquired the land or an interest
therein, whose rights may be prejudiced. Whenever the phrase innocent purchaser for
value or an equivalent phrase occurs in this decree, it shall be deemed to include an
innocent lessee, mortgagee, or other encumbrancer for value.
Upon the expiration of said period of one year, the decree of registration and the
certificate of title issued shall become incontrovertible. Any person aggrieved by such
decree of registration in any case may pursue his remedy by action for damages
against the applicant or any other persons responsible for the fraud.
As such, case law instructs that for as long as a final decree has not been
entered by the (LRA) and the period of one (1) year has not elapsed from the date of
entry of such decree, the title is not finally adjudicated and the decision in the
registration proceeding continues to be under the control and sound discretion of the
court rendering it.
republic vs Jacob
Republic vs Jacob
Facts:
On August 14, 1970, then President Ferdinand E. Marcos issued Proclamation
No. 739, "Establishing as Reservation for the Purpose of the Exploration,
Development, Exploitation and Utilization of Geothermal Energy, Natural Gas and
Methane Gas a Parcel of Land in the Province of Albay, Island of Luzon, Philippines."
Lot No. 4094 of the Malinao Cadastre, consisting of 15,520 square meters, is covered
by the said proclamation.
Private respondent appended to her application the tracing cloth plan of the
property under the name of Sotero Bondal. The blue print dated February 27, 1991,
was prepared and signed by Geodetic Engineer. The report also states that the
property is covered by Free Patent No. V-13062 dated May 21, 1955. Private
respondent had also applied for a free patent over the property, but withdrew her
application in a Letter.
Issue:
Whether or not the land is alienable and disposable
Held:
No. In the case at bar, when private respondent filed her application with the
RTC on May 6, 1994, Lot No. 4094 was no longer alienable and disposable property of
the public domain, since as of August 14, 1970, by virtue of Proclamation No. 739, it
was segregated from the public domain and declared part of the reservation for the
development of geothermal energy. Private respondent filed her application for
confirmation 24 years after the said proclamation was issued; thus, the period of her
possession and occupancy after such proclamation can no longer be tacked in favor of
the claimant.
The Court notes that on October 25, 1975, the Secretary of Justice issued an
opinion stating that Proclamation No. 739 was without prejudice to the vested rights of
individuals/applicants who had fully complied with all the requirements under the
Public Land Law for the acquisition of ownership as alienable and disposable. It bears
stressing, however, that one claiming private rights under the Public Land Act, as
amended, must prove by clear and convincing evidence that all the substantive
requisites for acquisition of public lands (along with the procedural) had been
complied with.
FACTS:
At the core of the controversy in the present petition are two parcels of land
both located in what used to be Barrio Bagumbayan, Taguig, Rizal. On September 15,
1966, the RCAM filed before the R TC, (then Court of First Instance of Rizal, Branch
11, acting as a land registration court, an application for registration of title
(application) of property, pursuant to Commonwealth Act C.A.) No. 141 (the Public
Land Act).7 On October 4, 1974, the RCAM amended its application by reducing Lot 2
to 760 square meters (from 1,832 square meters).
In its amended application, the RCAM claimed that it owned the property; that
it acquired the property during the Spanish time; and that since then, it has been in
open, public, continuous and peaceful possession of it in the concept of an owner. It
added that to the best of its knowledge and belief, no mortgage or encumbrance of any
kind affects the property, and that no person has any claim, legal or equitable, on the
property.
The RCAM attached the following documents to support its application:
amended plan Psu-223919; technical description of Lots 1 and 2;9 surveyor s
certificate;10 and Tax Declaration No. 9551 issued on September 6, 1966.11
On May 22, 1992, the Republic of the Philippines (Republic), through the
Director of Lands, filed an opposition to the application. The Republic claimed that the
property is part of the public domain and cannot be subject to private appropriation.
On August 18, 1992, respondent Cresencia Sta. Teresa Ramos, through her
husband Ponciano Francisco, filed her opposition13 to the RCAM's application. She
alleged that the property formed part of the entire property that her family owns and
has continuously possessed and occupied from the time of her grandparents, during
the Spanish time, up to the present. Cresencia submitted evidence to support her
claim.
The RCAM presented tax declarations issued in its name and acertified true
copy of Original Certificate of Title.
RTC denied the RCAM's application for registration of title. CA affirmed with
moifications.
ISSUE:
who -between the RCAM and Cresencia -is entitled to the benefits of C.A. No.
141 and Presidential Decree (P.D.) No. 1529 for confirmation and registration of
imperfect title.
HELD:
Between the two, no one is ntitked to tge benefits.
The Court also dis not consider the evidence adduced by Cresencia. Accodin to
the Court:
republic vs Lorenzo
G.R. No. 172338 : December 10, 2012
REPUBLIC OF the philippines, Petitioner, v. CONCEPCION LORENZO, ORLANDO
FONTANILLA, SAMUEL FONTANILLA, JULIET FONTANILLA, ELIZABETH
FONTANILLA, ROSELA FONTANILLA, RENATO FONTANILLA AND EVELYN
FONTANILLA, Respondents.
FACTS:
Herein respondents Concepcion Lorenzo and Orlando, Samuel, Juliet,
Elizabeth, Rosela, Renato, Evelyn, all surnamed Fontanilla, filed a petition for
reconstitution of Original Certificate of Title (OCT) No. 3980 before the RTC covering a
parcel of land in Echague, Isabela. They claimed that during his lifetime, Pedro
Fontanilla and his spouse Concepcion Lorenzo bought a parcel of land from Antonia
Pascua and that a deed of sale was executed for the said transaction. Hence, an
Owners Duplicate Copy of OCT No. 3980 was delivered unto the spouses Pedro
Fontanilla and Concepcion Lorenzo. They also averred that the owner's copy of the
said title was eaten by termites while the original copy of the title filed before the
Register of Deeds of Isabela was burned when the latter was razed by fire. The RTC
granted the petition.
On appeal, the Court of Appeals affirmed the RTCs decision. Thus, the
Republic sought the relief before the Supreme Court.
ISSUE:
Whether or not the Court of Appeals erred when it affirmed the RTCS Order of
reconstitution of OCT No. 3980?
HELD:
The petition is impressed with merit.
The relevant law that governs the reconstitution of a lost or destroyed Torrens
certificate of title is Republic Act No. 26. Section 2 of said statute enumerates the
following as valid sources for judicial reconstitution of title:
As borne out by the records of this case, Lorenzo et al. were unable to present
any of the documents mentioned in paragraphs (a) to (e) above. Thus, the only
documentary evidence the respondents were able to present as possible sources for
the reconstitution of OCT No. 3980 are those that they believed to fall under the class
of any other document described in paragraph (f).
In the case at bar, Lorenzo, et al. were unable to discharge the burden of proof
prescribed by law and jurisprudence for the reconstitution of lost or destroyed Torrens
certificate of title.
Likewise, the deed of sale purportedly between Antonia Pascua, as seller, and
Pedro Fontanilla, as buyer, which involves OCT No. 3980 cannot be relied upon as
basis for reconstitution of Torrens certificate of title. An examination of the deed of sale
would reveal that the number of the OCT allegedly covering the subject parcel of land
is clearly indicated, however, the date when said OCT was issued does not appear in
the document. This circumstance is fatal to Lorenzo et al.s cause as we have reiterated
inRepublic v. El Gobierno de las Islas Filipinas that the absence of any document,
private or official, mentioning the number of the certificate of title and the date when
the certificate of title was issued, does not warrant the granting of a petition for
reconstitution.
FACTS:
In 1994, Victoria Rodriguez inherited a parcel of land from his father. She
leased the land to Pedro Santiago and Armando Mateo for a period of 50 years. Subic
Bay Metropolitan Authority (SBMA) also claimed ownership of the same parcel of land.
SBMA alleged that they only let the Santiagos into the land as part of the
employment benefits given to Santiagos wife, as she was formerly employed by SBMA.
But when her employment ended in 1998, SBMA is now ousting them. Rodriguez et al
filed a petition against SBMA. Rodriguez presented a Spanish title of land to show
proof of her ownership.
RTC dismissed the petition for lack of cause of action. The RTC took judicial
notice of Presidential Decree No. 892, which required all holders of Spanish titles or
grants to apply for registration of their lands under Republic Act No. 496, otherwise
known as the Land Registration Act, within six months from effectivity of the decree,
or until 16 August 1976. After such time, Spanish titles or grants could no longer be
used as evidence of land ownership in any registration proceedings under the Torrens
System.
ISSUE:
WON Spanish land titles can still serve as evidence of land ownership?
RULING:
No, Spanish titles can no longer be countenanced as indubitable evidence of
land ownership.
It has long been settled that by virtue of Presidential Decree No. 892 which took
effect on 16 February 1976, the system of registration under the Spanish Mortgage
Law was abolished and all holders of Spanish titles or grants should cause their lands
covered thereby to be registered under the Land Registration Act (Act No. 496) within
six months from the date of effectivity of the said Decree or until 16 August 1976. If
not, non-compliance therewith will result in a reclassification of the real property. In
the case at bar, we have no alternative but to uphold the ruling that Spanish titles can
no longer be countenanced as indubitable evidence of land ownership.
FACTS:
Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and
mandamus as citizens and taxpayers, assailing the constitutionality of certain
provisions of Republic Act No. 8371, otherwise known as the Indigenous Peoples
Rights Act of 1997 (IPRA) and its implementing rules and regulations (IRR). The
petitioners assail certain provisions of the IPRA and its IRR on the ground that these
amount to an unlawful deprivation of the States ownership over lands of the public
domain as well as minerals and other natural resources therein, in violation of the
regalian doctrine embodied in section 2, Article XII of the Constitution.
ISSUE:
WON the provisions of IPRA contravene the Constitution?
HELD:
No, the provisions of IPRA do not contravene the Constitution. Examining the
IPRA, there is nothing in the law that grants to the ICCs/IPs ownership over the
natural resources within their ancestral domain. Ownership over the natural
resources in the ancestral domains remains with the State and the rights granted by
the IPRA to the ICCs/IPs over the natural resources in their ancestral domains merely
gives them, as owners and occupants of the land on which the resources are found,
the right to the small scale utilization of these resources, and at the same time, a
priority in their large scale development and exploitation.
Additionally, ancestral lands and ancestral domains are not part of the lands of
the public domain. They are private lands and belong to the ICCs/IPs by native title,
which is a concept of private land title that existed irrespective of any royal grant from
the State. However, the right of ownership and possession by the ICCs/IPs of their
ancestral domains is a limited form of ownership and does not include the right to
alienate the same.