II. Ownership - Arts. 427-483; Art. 712; “Jura Regalia”; Sec. 2, Art. XII, 1987 Phil. Constitution; Sec.

14, Ch. 4, Title I, Book III, RAC of 1987; Sec.

14 (1), PD 1529 in rel. to Sec. 11(4) & 48 (b) CA 141 (Public Land Act); Sec. 14 (2) PD 1529 in rel. to NCC (Arts. 420, 421, 422; Arts. 1106, 1113,
1134, 1136); Tax Declaration; Art. 1410

15. Republic v. Castuera GR# 203384/Jan. 14, 2015 746 SCRA 231

G.R. No. 203384 January 14, 2015 and notorious possession and occupation of the land under a bona fide claim of
REPUBLIC OF THE PHILIPPINES, Petitioner, ownership since 12 June 1945 or earlier.”
vs. SPS. JOSE CASTUERA PERLA CASTUERA, Respondents.
ISSUE:
FACTS:
Whether the advance plan and the CENRO certification are sufficient proofs of
Andres Valiente sold his 3,135-square meter land in Barangay Siminublan, San the alienable and disposable character of the property?
Narciso, Zambales to respondents Jose and Perla Castuera (Spouses Castuera)
in 1978. On 21 May 2003, the Spouses Castuera filed with the RTC an HELD:
application for original registration of title over the property.
NO. The advance plan and the CENRO certification are insufficient proofs of
The Spouses Castuera presented: the alienable and disposable character of the property. The Spouses Castuera, as
 three witnesses: (1) former barangay captain and councilman Alfredo applicants for registration of title, must present a certified true copy of the
Dadural, (2) Senior Police Officer 2 Teodorico Cudal, and (3) Perla Department of Environment and Natural Resources Secretary’s declaration or
Castuera. All witnesses testified that the Spouses Castuera owned the classification of the land as alienable and disposable.
property.
In Republic v. T.A.N. Properties, Inc., we ruled that it is not enough for the
 documentary evidence: tax receipts and an advance plan6 with a
Provincial Environment and Natural Resources Office (PENRO) or CENRO
notation"Checked and verified against the cadastral records on file in this
to certify that a land is alienable and disposable. The applicant for land
office and is for registration purposes. This survey is within the Alienable
registration must prove that the DENR Secretary had approved the land
and Disposable land proj. No. 3-H certified by Director of Forestry on June
classification and released the land of the public domain as alienable and
20, 1927 per LC Map No. 669 Sheet 1."
disposable, and that the land subject of the application for registration falls
within the approved area per verification through survey by the PENRO or
The Office of the Solicitor General, filed an opposition to the application for
CENRO. In addition, the applicant must present a copy of the original
original registration.
classification of the land into alienable and disposable, as declared by the DENR
Secretary, or as proclaimed by the President. Such copy of the DENR Secretary's
The RTC granted the application for original registration based on the
declaration or the President's proclamation must be certified as a true copy by
preponderance of evidence of lawful ownership.
the legal custodian of such official record. These facts must be established to
prove that the land is alienable and disposable.
Petitioner appealed and the Spouses Castuera attached a CENRO (Community
Environment and Natural Resources Office) stating that the land is alienable
and disposable.

The Court of Appeals affirmed the RTC Decision. The CA applied PD 1529,
Sec. 14 (1) “that the subject land forms part of the disposable and alienable lands
of the public domain; and (2) that they have been in open, continuous, exclusive