Case Digest (G.R. No. 235619)
Facts:
Philippine Navy Golf Club, Inc., the Philippine Navy and the Philippine Navy Flag Officer-in-Command v. Merardo C. Abaya, Angelito P. Maglonzo, Ruben I. Follosco and Elias B. Sta. Clara, G.R. No. 235619, July 13, 2020, promulgated June 20, 2022, the Supreme Court First Division, Lopez, J., writing for the Court.Petitioners — Philippine Navy Golf Club, Inc., the Philippine Navy, and the Philippine Navy Flag Officer-in-Command — sought review of the Court of Appeals' decision affirming the Regional Trial Court. Respondents are Merardo C. Abaya, Angelito P. Maglonzo, Ruben I. Follosco and Elias B. Sta. Clara, who were awarded DENR lots within the AFP Officers' Village and who sued to recover possession.
In 1957 Proclamation No. 423 reserved Fort William McKinley (now Fort Andres Bonifacio) for military purposes. In 1965 Proclamation No. 461 excluded portions of that reservation and declared them the AFP Officers' Village to be disposed of under RA Nos. 274 and 730 in relation to the Public Land Act (Commonwealth Act No. 141); Proclamation No. 461 also excluded from disposition areas then "being used or earmarked for public or quasi-public purposes." In 1976 the Philippine Navy developed part of the village into a golf course managed by the Philippine Navy Golf Club, Inc.
The DENR issued orders of award to respondents: Abaya and Follosco in December 1996; Maglonzo and Sta. Clara in November 1998. Because the Navy and the Golf Club occupied the parcels, respondents could not introduce improvements and filed an accion reinvindicatoria against the Navy and the Golf Club in the RTC (Civil Case No. 67458). On June 24, 2015 the RTC granted the complaint, ordered turnover of the parcels to respondents, and directed the Navy and Golf Club to pay P5,000.00 per month per parcel from filing until vacation; claims for moral/exemplary damages and attorney’s fees were denied. The RTC also denied the Navy’s counterclaim for reimbursement of expenses.
The Navy and the Golf Club appealed to the Court of Appeals (CA-G.R. CV No. 106451), arguing the parcels were used for public/quasi-public purposes under Proclamation No. 461, and that Memorandum Order No. 172 forbade disposition of certain areas of the military reservat...(Subscriber-Only)
Issues:
- Is the land on which the Philippine Navy Golf Course stands part of the alienable and disposable public domain under Proclamation No. 461, or was it excluded from disposition as land being used or earmarked for public or quasi‑public purposes?
- May the Philippine Navy invoke state immunity from suit to avoid the accion reinvindicatoria and the turnover/rental award?
- Were the DENR orders of award to respondents invalid for violating Presidential Memorandum Order No. 172 or other irregularities, and was the accion reinvindicatoria the pro...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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