Title
Republic vs. Tan
Case
G.R. No. 199537
Decision Date
Feb 10, 2016
Andrea Tan sought land registration for a Cebu lot, claiming 30+ years of possession. SC denied, ruling land remained public domain, not patrimonial, despite alienable status; prescription inapplicable.
A

Case Digest (G.R. No. 20644)

Facts:

  • Antecedents
  • On October 2, 2002, Andrea Tan filed LRC Case No. N-144 for original registration of Lot No. 4080, Cad. 545-D (7,807 sqm) in Casili, Consolacion, Cebu, alleging fee‐simple ownership by virtue of a September 17, 1992 sale from Julian Gonzaga.
  • She proved that the lot:
    • Is within Block 1, Project No. 28, per LC Map No. 2545;
    • Was declared alienable and disposable on September 1, 1965 (Forestry Administrative Order No. 4-1063);
    • Had been possessed by Luciano Gonzaga (Tax Declarations Nos. 01465 in 1965 and 02983 in 1972), inherited by Julian Gonzaga, then purchased by Tan;
    • Had been in peaceful, open, continuous, exclusive, and notorious possession in the concept of an owner for over thirty years.
  • Trial Court and Court of Appeals Proceedings
  • On April 28, 2004, the Municipal Trial Court in Consolacion granted Tan’s application, confirmed her title, and ordered registration.
  • The Republic appealed to the Court of Appeals (CA-G.R. CEB-CV 00702), arguing Tan failed to prove possession since June 12, 1945 or that the land was alienable and disposable as of that date.
  • On May 29, 2009, the CA denied the appeal, categorizing Tan as a prescriptive applicant and holding that classification in 1965 sufficed to start prescription.
  • The Republic moved for reconsideration on July 2, 2009 (citing Republic v. Herbieto), which the CA denied on October 18, 2011 (citing Heirs of Malabanan v. Republic).
  • On January 5, 2012, the Republic filed a petition for review on certiorari before the Supreme Court.

Issues:

  • Whether a declaration that government‐owned land has become alienable and disposable is sufficient to convert it into patrimonial property of the State, thus making it susceptible to acquisitive prescription.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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