REPUBLIC OF THE PHILIPPINES vs.

DOMINGO ESPINOSA
G.R. No. 171514 July 18, 2012
F:
- March 3, 1999, R filed an application for land registration covering a p
arcel of land (5,525sqm) in Consolacion, Cebu; alleged that: (a) property is A&D
; (b) he purchased the property from his mother, Isabel Espinosa, on July 4, 197
0; and (c) he and his PII had been in possession of the property in the concept
of an owner for more than 30 years
- R submitted the blueprint of Advanced Survey Plan, 2 tax dec for the yea
rs 1965 and 1974 in Isabel s name, Certification issued by the Office of the Treas
urer of Consolacion, Cebu and 3 tax dec for the years 1978, 1980 and 1985
- P opposed: (a) Sec 48(b) of CA141had not been complied with as Espinosa s
PII possessed the property only after June 12, 1945; and (b) tax dec do not prov
e that possession are in the character and for the length of time required by la
w
- MTC granted Espinosa s petition: Espinosa was able to establish his owners
hip and possession over the subject lot which is within the area considered by D
ENR as A&D; applicant has been in OCEN and under claim of title thereto within t
he time prescribed by law (Sec. 14, sub-par. 1, P.D. 1529)
- CA dismissed petitioner s appeal and affirmed MTC: possession for at least
30 years, despite the fact that it commenced after June 12, 1945, sufficed to c
onvert the property to private.
I: WON Espinosa has acquired an imperfect title over the subject property that i
s worthy of confirmation and registration.
H: NO
- Erred in not applying the present text of Section 48(b) of the PLA
- Sec 14(2) of PD 1529: The following persons may file an application for
registration: Those who have acquired ownership of private lands by prescription
under the provision of existing laws.
- Sec 48(b) of the PLA originally states: Those who by themselves or throu
gh PII have been in OCEN possession and occupation of agricultural lands of the
public domain, under a bona fide claim of acquisition or ownership, except as ag
ainst the Government, since July 26, 1894, except when prevented by war or force
majeure.
- June 22, 1957: RA 1942 amended Sec 48(b) of the PLA by providing a 30-ye
ar prescriptive period for JC of imperfect title
- Jan 25, 1977: PD 1073 was issued, changing the requirement for possessio
n and occupation for a period of 30 years to possession and occupation since Jun
e 12, 1945 or earlier
- PD 1073, in effect, repealed RA 1942 such that applications under Sec 48
(b) of PLA filed after the promulgation of PD 1073 should allege and prove posse
ssion and occupation that dated back to June 12, 1945 or earlier
- For one to invoke Sec 48(b), it must be demonstrated that such possessio
n and occupation commenced on Jan 24, 1947 and 30-year period was completed prio
r to the effectivity of PD 1073.
- There is nothing on record showing that as of Jan 25, 1977 or prior to t
he effectivity of PD 1073, he or Isabel had already acquired title by means of p
ossession and occupation of the property for 30 years
- it is Sec 14(2) of PD 1529 categorically provides, only private properti
es may be acquired thru prescription and under Articles 420 and 421 of the Civil
Code, only those properties, which are not for public use, public service or in
tended for the development of national wealth, are considered private.
- There must be an express declaration by the State that PUBD property is
no longer intended for public service or the development of the national wealth
or that the property has been converted into patrimonial. Without such express d
eclaration, the property, even if classified as alienable or disposable, remains
property of the public dominion and thus incapable of acquisition by prescripti
on.
- As the property is not held by the State in its private capacity, acquis
ition of title thereto necessitates observance of the provisions of Sec 48(b) of
 the PLA in relation to Section 14(1) of P.D. No. 1529 or possession and occupat
ion since June 12, 1945.
- Notation on the survey plan does not constitute incontrovertible evidenc
e that would overcome the presumption that the property belongs to the inalienab
le public domain: a mere surveyor has no authority to reclassify lands of the pu
blic domain.