G.R. No. 174626 - Republic vs. Aboitiz

On September 11, 1998, respondent Luis Miguel O. Aboitiz filed an application for registration of a land title covering a parcel of land measuring 1,254 square meters, located in Talamban, Cebu City (Lot 11193, Cebu Cadastre 12 Extension), before the Regional Trial Court (RTC), Cebu City, Branch 11.
The RTC established its jurisdiction, and hearings were conducted.

Aboitiz submitted original Tracing Cloth Plan with blueprint copy, technical description, geodetic engineer’s certificate, and documents evidencing possession and ownership.
He presented his secretary and caretaker, Sarah Benemerito, who testified that:

Aboitiz entrusted her with the subject property.
He purchased the land from Irenea Kapuno on September 5, 1994.
He had actual, open, continuous, exclusive possession under the concept of ownership.
DENR Region VII classified the land as alienable and disposable since 1957.
CENRO, Cebu City, certified no subsisting public land applications covering the property.
Tax declarations from 1963 to 1994 were in Irenea’s name, and from 1994 until present, in Aboitiz’s name.

Luz Kapuno, daughter of original owner Irenea Kapuno, testified confirming her mother’s signature in the deed of sale and her mother’s continuous possession of the land.

The Republic of the Philippines, represented by the Office of the Solicitor General, through Assistant City Prosecutor Edito Y. Enemecio, chose not to present evidence opposing the application.

On February 21, 2002, RTC granted Aboitiz’s application, adjudicating the land and improvements as his property, ordering registration under the Torrens System.

The Republic appealed the RTC ruling.
On June 7, 2005, the CA reversed the RTC and dismissed Aboitiz’s application. The CA ruled:

Possession prior to declaration of land as alienable and disposable in 1957 could not be counted.
Since possession started after June 12, 1945, the period required under Section 14(1) of P.D. No. 1529 was not met.

Aboitiz filed a motion for reconsideration, arguing that tax declarations from 1963 to 1994 converted the land to private property via acquisitive prescription.

On December 14, 2005, the CA reversed itself and affirmed the RTC decision.
The CA held that under Section 14(2) of P.D. No. 1529, acquisitive prescription could operate after 30 years of actual possession of private land.
It noted the owner’s possession from 1963 to 1994 satisfied the 30-year requirement, converting the land into private property.
Tax declarations and payments were considered good indicia of ownership, though not conclusive.
The Republic’s motion for reconsideration was denied on September 12, 2006.

The Republic filed a petition for review under Rule 45 seeking to set aside the CA’s amended decision and resolution.
The CA was alleged to have erred in law by granting the registration application despite insufficient evidence.

Whether respondent Aboitiz was entitled to registration of the land title under Section 14(1) or Section 14(2) of Presidential Decree No. 1529 (P.D. No. 1529).

Whether possession prior to formal classification of the land as alienable and disposable on 1957 may be counted for registration under P.D. No. 1529.

Whether acquisitive prescription under Section 14(2) of P.D. No. 1529 could apply without an express government declaration that the land ceased to be public dominion and became patrimonial property.