Case Digest (G.R. No. 179987)
Facts:
Heirs of Mario Malabanan v. Republic of the Philippines, G.R. No. 179987, April 29, 2009, Supreme Court En Banc, Tinga, J., writing for the Court. Petitioners are the heirs of Mario Malabanan; the Republic of the Philippines appeared through the Office of the Solicitor General (OSG) and the Assistant Provincial Prosecutor designated to represent the State at trial.On 20 February 1998 Malabanan filed an application for original registration of Lot 9864‑A (71,324 sq.m.) in Silang, Cavite, claiming purchase from a Velazco and open, continuous, exclusive and notorious possession under a bona fide claim since at least 1948. The application was raffled to the Regional Trial Court (RTC), Cavite‑Tagaytay City, Branch 18. At trial Malabanan and a witnesses testified and submitted documentary evidence including a CENRO‑DENR certification (11 June 2001) verifying the land as alienable and disposable per a 1982 land classification map; the State presented no controverting evidence. On 3 December 2002 the RTC granted registration under the Property Registration Law (Act 141/Act 496/P.D. 1529).
The Republic appealed to the Court of Appeals (CA), which on 23 February 2007 reversed and dismissed the application. The CA held that, under its reading of Section 14(1) of the Property Registration Decree (P.D. No. 1529), any period of possession prior to the date the lot was classified as alienable and disposable must be excluded in computing the requisite possession; because the DENR certification showed classification only in 1982, the Velazco/Malabanan possession before that date could not be counted. Malabanan died while the appeal was pending; his heirs continued the case and elevated it to this Court. The petition was referred to the Court en banc and was orally argued on 11 November 2008.
The parties framed issues concerning (a) the correct interpretation of Section 14(1) of P.D. No. 1529 in relation to the Public Land Act (Commonwealth Act No. 141, Sec. 48[b]); (b) whether a parcel classified alienable and disposable can be deemed private land and therefore susceptible to acquisitive prescription under Section 14(2)...(Subscriber-Only)
Issues:
- Under Section 14(1) of P.D. No. 1529 (in pari materia with Sec. 48(b) of the Public Land Act), must the land have been classified as alienable and disposable as of June 12, 1945, or is it sufficient that it be classified as alienable and disposable at any time prior to filing provided the applicant and predecessors have been in possession since June 12, 1945 or earlier?
- For purposes of Section 14(2) of P.D. No. 1529, may a parcel classified as alienable and disposable be deemed private (patrimonial) land and thus susceptible to acquisition by prescription under the Civil Code?
- May agricultural land (by use or slope) be registered under Section 14(2) in relation to the Civil Code provisions on acquisitive prescription (ordinary/extraordinary)?
- Are petitioners entitled t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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