Case Digest (G.R. No. 20644)
Facts:
In Republic of the Philippines v. Andrea Tan (G.R. No. 199537, February 10, 2016), respondent Andrea Tan filed on October 2, 2002 her LRC Case No. N-144 application for original registration of title to Lot No. 4080, Cad. 545-D, a 7,807-sq.m. parcel in Casili, Consolacion, Cebu, which she purchased from Julian Gonzaga on September 17, 1992. The Municipal Trial Court in Consolacion issued an order of general default excepting the State, which was represented by the Solicitor General. Tan proved that the lot formed part of Block 1, Project No. 28 per LC Map No. 2545, that it was declared alienable and disposable pursuant to Forestry Administrative Order No. 4-1063 on September 1, 1965, and that it was initially possessed by Luciano Gonzaga, inherited by Julian Gonzaga, and held in open, continuous, exclusive, and notorious possession in the concept of an owner by her and her predecessors for over thirty years. On April 28, 2004 the trial court confirmed Tan’s title and ordered reg...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)