Case Summary (G.R. No. 178635)
Petitioner and Respondent
Petitioners: Heirs of Mario Malabanan
Respondent: Republic of the Philippines
Key Dates
• March 15, 1982 – DENR–CENRO issues certification classifying the land as alienable and disposable agricultural domain
• February 20, 1998 – Application for registration filed in the Regional Trial Court (RTC), Tagaytay City
• December 3, 2002 – RTC grants the application, orders registration decree
• February 23, 2007 – Court of Appeals (CA) reverses RTC, dismisses application
• April 29, 2009 – Supreme Court denies petition for review on certiorari (G.R. No. 179987)
• September 3, 2013 – En banc Resolution denies motions for reconsideration
Applicable Law
• 1987 Philippine Constitution, Article XII (Regalian Doctrine; classification of public lands)
• Commonwealth Act No. 141 (Public Land Act), especially Section 11 (modes of disposition) and Section 48(b) (judicial confirmation of imperfect title)
• Presidential Decree No. 1529 (Property Registration Decree), specifically Section 14(1) and Section 14(2)
• Civil Code provisions on public dominion (Articles 419–422) and prescription (Articles 1108, 1113, 1134)
Antecedents
Lot 9864-A, Cad-452-D (71,324 m²), Barangay Tibig, Silang, Cavite, originally part of a larger tract owned by Lino Velazco and subsequently inherited by his sons, including Eduardo Velazco. On June 11, 2001, the DENR–CENRO certified the parcel as alienable and disposable agricultural land since March 15, 1982.
Procedural History
- RTC (Tagaytay City) – Approved petition for registration under the Land Registration Law, noting possession by Malabanan and predecessors for over 30 years.
- CA – Reversed, holding that possession prior to official classification (March 15, 1982) cannot be tacked, citing Republic v. Herbieto.
- Supreme Court (April 29, 2009) – Denied petition for certiorari: petitioners failed to prove open, continuous, exclusive, and notorious possession since June 12, 1945, as required under Section 48(b) of the Public Land Act and Section 14(1) of the PRD.
Issue Presented
Whether petitioners established a right to register title over Lot 9864-A under (a) Section 14(1) of PD 1529 based on possession of alienable and disposable agricultural land since June 12, 1945, or (b) Section 14(2) of PD 1529 based on acquisition by prescription, given that the land was officially classified only on March 15, 1982.
Ruling
En banc, the Supreme Court denied both the petitioners’ motion for reconsideration and the Republic’s partial motion for reconsideration. The Court reaffirmed that:
- Under Section 48(b) of the Public Land Act and Section 14(1) of the PRD, an applicant must prove open, continuous, exclusive, and notorious possession of alienable and disposable agricultural land under a bona fide claim since June 12, 1945 (or earlier). Classification of public land as agricultural and alienable must exist at the time from which prescription is reckoned.
- Section 14(2) of the PRD permits registration of private lands acquired by prescription only after the land has become patrimonial (i.e., formally removed from public dominion by law or proclamation) and the requisite period of possession under the Civil Code has run.
- Petitioners failed to establish possession dating back to June 12, 1945; accordingly, prescription never began to run against the State, and the land remained ineligible for registration under either Section 14(1) or Section 14(2) of the PRD.
Legal Principles and Reasoning
• Regalian Doctrine (1987 Constitution, Art. XII) – All public domain lands belong to the State; only agricultural lands may be alienated, and classification is an executive prerogative.
• Public Land Act, Section 11 – Alienable and disposable lands of the public domain can be disposed of by homestead, sale, lease, or confirmation of imperfect title (judicial or adminis
Case Syllabus (G.R. No. 178635)
Antecedents
- The subject property is Lot 9864-A, Cad-452-D, Barangay Tibig, Silang, Cavite, containing 71,324 sq. m.
- On February 20, 1998, Mario Malabanan filed in RTC Tagaytay City an application to register title under Act 141/Act 496/PD 1529, claiming:
• The land was alienable and disposable public domain
• He and predecessors had open, continuous, exclusive and notorious possession for over 30 years - To prove alienability, Malabanan submitted a June 11, 2001 CENRO-DENR certification stating the lot was classified alienable/disposable on March 15, 1982.
- On December 3, 2002, RTC granted registration and ordered the corresponding decree upon finality.
Appeal Before the Court of Appeals
- Office of the Solicitor General appealed, contending:
• No proof the land was alienable/disposable public domain
• Insufficient evidence of possession meeting statutory requirements for imperfect title - On February 23, 2007, CA reversed RTC, dismissing the registration petition.
- CA applied Republic v. Herbieto to exclude possession prior to land’s classification (post-March 15, 1982).
Petition for Review on Certiorari
- Petitioners (heirs of Malabanan) elevated CA decision to the Supreme Court under Rule 45.
- Argued that under Republic v. Naguit and T.A.N. Properties, full 30-year possession of agricultural land — even prior to its official classification — could perfect title by ipso jure conversion.
- Supreme Court denied the petition, finding no proof of possession since June 12, 1945.
Motions for Reconsideration
- Petitioners’ Motion:
• Claimed official classification alone converted the land to patrimonial State property
• Invoked Civil Code prescription (A