Republic v. Alsons Cement

 

Republic v. Alsons Cement

G.R. No. 206561

February 22, 2023

 

FACTS:

                Petitioner maintains that respondent "failed to present evidence of specific acts of ownership showing open, continuous, exclusive and notorious possession and occupation, in the concept of an owner, of Lot No. 4172 since June 12, 1945 or earlier." Hence, respondent "failed to present sufficient evidence to prove that the subject lot forms part of the alienable and disposable land of the public domain. Respondent counters that the original document containing the declaration that Lot No. 4172 constituted alienable and disposable land was issued in 1925. Thus, the document or any copy thereof can no longer be found in the records of government agencies or courts. This led to respondent's reliance on the Classification Map and a certification by the Community Environment and Natural Resources Office. Citing Republic v. Court of Appeals and Naguit, respondent argues that "even if possession of the alienable public land commenced on a date later than June 12, 1945, the possessor may have the right to register the land by virtue of Section 14 (2) of the Property Registration Decree." Respondent claims that in default of the requirements in Section 14 (1), it may also be considered to have acquired Lot No. 4172 under Section 14 (2) of the Presidential Decree No. 1529.

 

ISSUE:

                Whether or not the respondent has adequately established its title by sufficient evidence.

 

HELD:

                No. The requirement for an express government declaration that a land is patrimonial property is necessary only for lands previously used by the State. There is no allegation here that there was prior State use of the land subject of the registration proceedings. Thus, respondent need not present proof that the land is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial property. The classification of land as alienable and disposable land of the public domain is the operative act which converts property of public dominion to patrimonial property. However, in the case of Pasig Rizal Co., Inc., the Court states that the requirements to prove the alienable and disposable character of land in T.A.N. Properties, Inc. have been superseded by the enactment of Republic Act No. 11573. Section 7 of the law declares that a certification by a duly designated geodetic engineer of the Department of Environment and Natural Resources that the land is part of alienable and disposable agricultural lands of the public domain sufficiently proves that it is alienable.

Section 6 of Republic Act No. 11573 shortened the required period of possession. Notably, Section 6 of RA 11573 shortens the period of possession required under the old Section 14 (1). Instead of requiring applicants to establish their possession from "June 12, 1945, or earlier," the new Section 14 (1) only requires proof of possession "at least twenty (20) years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure." Under the new law, it is no longer material whether respondent possessed Lot No. 4172 since June 12, 1945. Thus, petitioner's argument that respondent "failed to present evidence of specific acts of ownership showing open, continuous, exclusive and notorious possession and occupation, in the concept of an owner, of [Lot No. 4172] since June 12, 1945 or earlier" must likewise fail. Respondent, by itself and through its predecessors-in-interest, had possessed and occupied Lot No. 4172 for at least 30 years. This more than satisfies the requirement of open, continuous, exclusive, and notorious possession and occupation under a bona fide claim of ownership for at least 20 years immediately preceding the filing of the application for confirmation of title.