Case Digest (G.R. No. 213207)
Facts:
Republic of the Philippines, petitioner, v. Pasig Rizal Co., Inc., respondent, G.R. No. 213207, February 15, 2022, the Supreme Court En Banc, Caguioa, J., writing for the Court.
In 1958 Manuel Dee Ham caused the Subject Property in Barangay Caniogan, Pasig City, to be surveyed under Plan Psu-169919; the plan was approved and the lot was declared in Manuel’s name for tax purposes. Manuel died in 1961; his surviving wife Esperanza Gerona and their children inherited the parcel and subsequently transferred their beneficial ownership to the Dee Ham family corporation, Pasig Rizal Co., Inc. (PRCI), which thereafter paid real property taxes in its name. On November 6, 2009, Esperanza executed an affidavit formalizing the transfer.
In 2010 Esperanza, as President of PRCI, filed an application for original registration of the Subject Property before the Regional Trial Court (RTC), Branch 167, Pasig City, alleging ownership and open, continuous, exclusive, and notorious possession since 1956. After due notice and publication there was no opposition except for the Republic; an order of general default was entered against the whole world except the Republic, and PRCI presented its evidence ex parte: the approved survey plan and technical description, tax declarations and receipts dating back to 1956, Esperanza’s affidavit, DENR certifications (a 2011 FMB certification and a 2013 RED‑NCR certification), and a neighbor’s affidavit attesting possession and improvements.
On December 1, 2011 the RTC issued a Decision “confirming and affirming” PRCI’s title under PD 1529 and directing issuance of a Decree of Registration. The Republic, through the Office of the Solicitor General (OSG), appealed to the Court of Appeals (CA) via Rule 41 on January 3, 2012. On February 25, 2014 the CA (First Division) affirmed the RTC Decision, finding the Subject Property to be alienable and disposable and relying on the 2011 and 2013 DENR certifications and LC Map No. 639 (approved March 11, 1927); the CA denied the Republic’s motion for reconsideration by Resolution dated June 27, 2014.
The Republic filed a petition for review on certiorari under Rule 45 with the Supreme Court on August 22, 2014. After briefing, and after the Court ordered memoranda and designated the Land Registration Authority (LRA) amicus curiae, Republic Act No. 11573 (RA 11573) — enacted July 16, 2021 and effective September 1, 2021 — took effect while the case was pending. The Court considered two central points (requirements for original registration of land acquired through prescription; and the evidence sufficient to prove alienable and disposable status under PD 1529), a...(Pro-only)
Issues:
- May Republic Act No. 11573 be applied retroactively to applications for judicial confirmation of title pending as of its effectivity (September 1, 2021)?
- Under PD 1529 and the Civil Code, what are the requirements for original registration of land acquired through prescription — specifically, whether an express government manifestation (that the land is no longer intended for public use and thus patrimonial) is always required?
- What evidence is sufficient to prove that a land is alienable and disposable for purposes of registration under PD 1529 — i.e., whether the DENR certifications and LC Map copies pre...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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