Case Summary (G.R. No. 213207)
RTC Proceedings: Original Registration Application
In 2010, PRCI, through Esperanza as corporate president, applied before the RTC for original registration of the Subject Property under PD 1529. PRCI alleged open, continuous, exclusive, adverse, and notorious possession in the concept of an owner for over fifty years. Notice and publication met procedural requirements; no oppositions were filed except by the Republic. RTC entered general default against all but the Republic. PRCI presented ex parte evidence, including:
• Approved survey plan and technical description (Plan Psu-169919)
• Tax declarations and receipts since 1956
• Affidavit of Esperanza Gerona documenting transfer to PRCI
• DENR certification confirming the lot as alienable and disposable public land (LC Map 639, approved 1927; ocular inspection 2011)
• Neighbor’s affidavit attesting to uninterrupted PRCI possession and tax payments
On December 1, 2011, the RTC issued a Decision “confirming and affirming” PRCI’s title and directed issuance of a Decree of Registration, holding that PRCI had met the requirements for acquisitive prescription under PD 1529.
CA Proceedings: Appeal by the Republic
On January 3, 2012, the Republic, via OSG, appealed to the CA under Rule 41, challenging the RTC’s finding on land classification status. On February 25, 2014, the CA rendered the assailed Decision affirming the RTC. The CA held:
- The land is alienable and disposable public domain, based on the September 15, 2011 DENR Forest Management Bureau certification and the March 18, 2013 DENR NCR Executive Director certification, pursuant to DENR AO 09-2012.
- These certifications, referencing LC Map 639 (approved March 11, 1927), constituted competent proof under PD 1529, Section 14(2).
- LC Map 639’s approval removed the lot from inalienable forest lands, making it subject to acquisitive prescription under Section 14(2).
- PRCI’s possession in the concept of owner for the requisite period was undisputed.
On March 19, 2014, the Republic moved for reconsideration; the CA denied it in a June 27, 2014 Resolution.
Petition for Review Before the Supreme Court
The Republic filed its Petition for review on certiorari under Rule 45 on August 22, 2014, contesting two main points:
- Whether PRCI met the requisites for original registration of land acquired through prescription (PD 1529, Section 14(2)).
- Whether PRCI’s DENR certifications sufficed to prove alienable and disposable classification per prevailing law (citing T.A.N. Properties and Hanover).
In August 2021, the SC required memoranda from the parties and designated LRA as amicus; RA 11573 took effect September 1, 2021, amending Section 14 and prescribing documentary proof requirements for land classification.
Issue Before the Supreme Court
Whether PRCI sufficiently established entitlement to a Decree of Registration over the Subject Property, i.e., whether:
- The lot is alienable and disposable agricultural land of the public domain; and
- PRCI’s possession and proof of classification satisfy PD 1529 and Civil Code requirements.
Land Classification Under the 1987 Constitution and Civil Code
– Regalian Doctrine: The State is the source of all land ownership; lands not clearly under private title are presumed public domain, except for native title (pre-conquest claims).
– 1987 Constitution, Art. XII, Sec. 2: All lands of the public domain are owned by the State; only agricultural lands may be alienated.
– Art. XII, Sec. 3: Public domain lands are classified into agricultural, forest, mineral, and national parks; only agricultural lands may be declared alienable and disposable.
– Civil Code, Arts. 420–422: Distinguishes property of public dominion (intended for public use or service, or national wealth) from patrimonial property (all other State property). When public dominion land is no longer intended for public use/service, it becomes patrimonial property.
Original Registration and Prescription Under PD 1529
– PD 1529, Section 14(1): Original registration for those in possession of alienable and disposable public domain lands under a bona fide claim of ownership since June 12, 1945.
– Section 14(2): Original registration for lands acquired by prescription under existing laws (i.e., Civil Code prescription).
– Civil Code acquisitive prescription: Ordinary—10 years in good faith with just title; extraordinary—30 years without need of just title or good faith.
– Malabanan (2009): Clarified that lands of the public domain, though declared alienable and disposable, remain public dominion until an express government manifestation converts them into patrimonial property, thus permitting prescription.
Amendments Introduced by RA 11573
• Section 14(1) (amended):
– Lowers possession requirement to 20 years immediately preceding application (except for war or force majeure).
– Conclusively presumes performance of conditions essential to a government grant; entitles the applicant to a certificate of title.
– Deletes former Section 14(2) on prescription.
• Section 7 (new): Proof of alienable and disposable status is satisfied by:
– A sworn, imprinted certification by a designated DENR geodetic engineer on the approved survey plan, stating that the land is alienable and disposable agricultural public domain; referencing Forestry/ DENR Administrative Order, Executive Order, Proclamation, and LC Map number; and, if needed, project number and map release date, confirming the plan’s inventory in NAMRIA.
Retroactive Application of RA 11573
– General rule: Laws are prospective unless otherwise provided.
– Exceptions: Curative or remedial statutes, or those creating new rights without impairing vested rights.
– RA 11573’s declared purpose is curative—removing ambiguities and simplifying PD 1529.
– The 20-year possession rule under amended Section 14(1) creates new rights while confirming pre-existing title; does not impair vested rights.
– SC holds RA 11573 applies retroactively to all pending applications as
Case Syllabus (G.R. No. 213207)
Facts
- In 1958, Manuel Dee Ham caused the survey of a 944-sqm parcel in Barangay Caniogan, Pasig City, under Plan Psu-169919 and was declared owner for tax purposes.
- Manuel died in 1961, and the property passed to his wife, Esperanza Gerona, and their children, who transferred beneficial ownership to Pasig Rizal Co., Inc. (PRCI).
- PRCI began paying real property taxes in its name; Esperanza executed an affidavit on November 6, 2009, to formalize the transfer.
RTC Proceedings
- In 2010, Esperanza, as PRCI President, applied for original registration of the Subject Property under PD 1529, asserting open, continuous, exclusive and notorious possession in the concept of an owner for over 50 years.
- After notice and publication, no opposition filed except by the Republic of the Philippines; an order of general default was entered against “the whole world” except the Republic.
- PRCI presented ex parte evidence, summarized by the CA to include:
- Approved Survey Plan and Surveyor’s Certification;
- Tax Declarations and Receipts since 1956;
- Affidavit of Esperanza Gerona;
- DENR Forest Management Service certification classifying the lot alienable and disposable;
- Neighbor’s affidavit attesting to PRCI’s uninterrupted possession and tax payments.
- 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 OSG, appealed to the CA via Rule 41 on January 3, 2012.
Court of Appeals Proceedings
- On February 25, 2014, the CA issued the assailed Decision dismissing the Republic’s appeal and affirming the RTC.
- The CA found:
- Competent and convincing proof of alienable and disposable status via a September 15, 2011 FMB Regional Technical Director’s certification and a March 18, 2013 RED-NCR certification under DENR AO 2012-09;
- Reference to LC Map 639 (approved March 11, 1927);
- PRCI’s possession findings were supported.
- The Republic’s Motion for Reconsideration was denied in the June 27, 2014 Assailed Resolution.
- The Republic filed a Motion for Extension of Time and then the present Petition for review on certiorari under Rule 45 on August 22, 2014.
Petition, Supplemental Proceedings and Participation
- The Republic’s Petition