LAND TITLES & DEEDS HEIRS OF MALABANAN VS REPUBLIC OF THE PHILIPPINES Decision affecting ALL UNTITLED LANDS currently

y in possession of persons or entities other than the Philippine Government Application of PD 1529 Section 14[1] & Public Land Act Section 48[b] Application of PD 1529 Section 14[1] & Civil Code Article 1137

Malabanans documentary evidence: [1] [June 11, 2001] Certification issued by the CENRO-DENR, which stated that the subject property was verified to be within the ALIENABLE or DISPOSABLE LAND REPUBLIC OF THE PHILIPPINES opposed arguing that: [1] Malabanan failed to prove that the property belonged to the alienable or disposable land of public domain [2] He had not been in possession of the property in the manner and length of time required by law for confirmation of imperfect title Malabanan died when the case was still pending thus his heirs appealed the decision of the CA ISSUES: W/N PETITIONERS CAN APPLY FOR LAND REGISTRATION PURSUANT TO: [1] PD 1529 SECTION 14 [1] IN RELATION WITH PUBLIC LAND ACT SECTION 48[B], and [2] PD 1529 SECTION 14[2] IN RELATION WITH ARTICLE 1137 OF THE CIVIL CODE RULING: NO. [1] PD 1529 Section 14 [1] & PUBLIC LAND ACT SECTION 48[B] recognizes and confirms that [a] those who by themselves or their predecessors-in-interest have been in OCENPO of the land of the public domain, [b] under a bona fide claim of acquisition of ownership,

[c] since June 12, 1945 have acquired ownership of, and registrable title to, such lands based on the length and quality of their possession [2] Under PD 1529 Section 14[2] & the Civil Code states that public domain lands become only patrimonial property not only with a [a] declaration that these are alienable or disposable, but there must be an [b] Express government manifestation that the property is already patrimonial and no longer retained for public service or the development of national wealth [Article 422 CC] and [c] Only when the property has become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run In the case at bar, it is clear that the evidence of petitioners is insufficient to establish that Malabanan has acquired ownership over the subject property under Section 48(b) of the Public Land Act. [Requires possession since June 12, 1945 & does not require that the land should be alienable or disposable during the entire period of possession possessor entitled to secure judicial confirmation as soon as it is declared as A-D, subject to the timeframe imposed by Section 47] There is no substantive evidence to establish that Malabanan or petitioners as his predecessors-in-

interest have been in possession of the property since 12 June 1945 or earlier. Reason: The earliest that petitioners can date back their possession, according to their own evidencethe Tax Declarations they presented in particularis to the year 1948. Thus, they cannot avail themselves of registration under Section 14(1) of the Property Registration Decree.

Neither can petitioners properly invoke Section 14(2) as basis for registration. While the subject property was declared as alienable or disposable in 1982, there is no competent evidence that it is no longer intended for public use service or for the development of the national evidence, conformably with Article 422 of the Civil Code. The classification of the subject property as alienable and disposable land of the public domain does not change its status as property of the public dominion under Article 420(2) of the Civil Code. Thus, it is insusceptible to acquisition by prescription.

FACTS: [Feb. 20, 1998] Mario Malabanan filed an application for land registration covering a parcel of land Malabanan claimed: [1] Purchased the property from Eduardo Velasco [2] His predecessor-in-interest had been in open, notorious and continuous adverse and peaceful possession of the land for more than 30 years Malabanans witness: [1] Aristedes Velasco stating that the land belonged to a 22 hectare property owned by Lino Velasco, who had 4 sons and one of whom is Eduardo Velasco, who sold his inherited property to Mario Malabanan.