Case Digest (G.R. No. 100709)
Facts:
In December 1972, Josefina L. Morato applied for Free Patent No. III-3-8186-B over a 1,265-sqm parcel at Pinagtalleran, Calauag, Quezon. The patent was approved on January 16, 1974, and Original Certificate of Title No. P-17789 was issued on February 4, 1974. Both instruments expressly prohibited alienation or encumbrance for five years under Sections 118 and 124 of Commonwealth Act No. 141, as amended. Despite this, Morato mortgaged part of the land on October 24, 1974, to Nenita Co. and Antonio Quilatan for ₱10,000, upon which a house was built. On February 2, 1976, she leased another portion to Perfecto Advincula for ₱100 a month, leading to a warehouse construction. In November 1978, the Republic, through the Solicitor General, filed for cancellation of Morato’s title and reversion of the property to the State, alleging violations of the five-year ban and that the land was foreshore territory. The Regional TriCase Digest (G.R. No. 100709)
Facts:
- Grant of Free Patent and Title
- In December 1972, Josefina L. Morato applied for Free Patent No. III-3-8186-B over a 1,265 sqm parcel at Pinagtalleran, Calauag, Quezon.
- On January 16, 1974, the Director of Lands approved the patent; Original Certificate of Title No. P-17789 issued February 4, 1974, subject to CA No. 141’s five-year prohibition on alienation or encumbrance.
- Encumbrances, Lease, and Physical Character of the Land
- October 24, 1974: Morato mortgaged a portion of the land to Nenita Co. and Antonio Quilatan for ₱10,000; the Quilatans built a house thereon.
- February 2, 1976: Morato leased another portion (120 sqm) to Perfecto Advincula at ₱100/month; a warehouse was constructed.
- Investigation by the Land Office: the parcel is part of Calauag Bay, 5–6 ft deep at high tide and 2 ft at low tide, unsuitable for vegetation; subject to tidal invasion after earthquakes and typhoons.
- Procedural History
- November 5, 1978: Republic (through Solicitor General) filed amended complaint for cancellation of title and reversion, alleging (a) violation of five-year ban on encumbrance and (b) land became foreshore.
- December 28, 1983: RTC, Branch 63 of Calauag, Quezon, dismissed complaint—held lease not an alienation, mortgage covered improvements only.
- June 13, 1991: CA affirmed RTC decision.
- November 14, 1997: SC promulgated decision granting petition.
Issues:
- Whether the lease and mortgage executed within the five-year prohibitory period under CA No. 141 constitute encumbrances sufficient to nullify the free patent and title despite the doctrine of indefeasibility.
- Whether the parcel, invaded by tidal waters and rendered foreshore land, must revert to the public domain and be excluded from private registration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)