836 Phil. 62; 115 OG No. 9, 2093 (March 4, 2019)
MARTIRES, J.:
The Government Oppositor Director of Lands, represented by the Solicitor General, thru City Prosecutor Abraham L. Ramos II, adduced no evidence in support of his opposition. Indeed, Prosecutor Ramos was convinced that the instant application for registration of land is meritorious, the evidence of the applicants being sufficient and competent to confer title to the present owner Alaminos Ice Plant and Cold Storage, Inc.The CA Ruling
FROM THE EVIDENCE ADDUCED in the above-entitled case and after careful scrutiny of the case, the Court finds that the applicant is owner in fee simple and together with its predecessors-in-interest, as testified to by its witness, have been in possession and occupation of the land sought to be registered in the concept of owner, openly, continuously, exclusively and notoriously under a bonafide claim of ownership for more than fifty (50) years now or from the year 1951, per Exhibit "R" and is free from any adverse claim or conflict. The applicant has therefore satisfactorily proven and established sufficient and competent title over the land subject of registration under the Land Registration Act, as amended by Presidential Decree No. 1529.
WHEREFORE, after confirming the Order of General Default and considering that all the publications, notices and posting required by law have been duly complied with, and finding the evidence adduced to be sufficient and complement, JUDGMENT is hereby rendered ordering the registration, in accordance with the Property Registration decree (Presidential Decree 1529) of the parcel of land denominated as Lot 6411-B of Plan Csd-01-013782-D, situated in Barangay Pogo, Municipality, Now City, of Alaminos, Province of Pangasinan, containing an area of Ten Thousand (10,000) SQUARE METERS in favor of the applicant ALAMINOS ICEPLANT & COLD STORAGE, INC., a domestic corporation duly organized and existing under Philippine laws, with principal office at No. 178 6th Street, cor. 9th Avenue, Grace Park, Kalookan City.
Furnish copies of this Decision to the Honorable Solicitor General at 134 Amorsolo St., Legaspi Village, Makati City, and the parties accordingly.
Once this Decision becomes FINAL, let the corresponding Decree and Title issue to the applicant ALAMINOS ICEPLANT & COLD STORAGE, INC.[12]
IT IS SO ORDERED.
It was on this certification that the appellate court solely based its finding that the subject land was alienable, disposable, hence registrable. Its assailed decision speaks for itself, in its full discussion and disposition on respondent's entitlement to the original registration of the land, viz:CERTIFICATION
TO WHOM IT MAY CONCERN:
THIS IS TO CERTIFY that based on map projection, Lot 6411-B, Csd-01-013782-D, identical to lot 16699, Cad. 325-D, Alaminos Cadastre falls within the Alienable and Disposable Area per Block III, Project No. 30, Alaminos Project, Land Classification Map No. 681, certified August 8, 1927.
This certification is issued upon the request of Atty. Artemio O. Amon, Counsel for Alaminos Ice Plant this 9th day of March, 2009 for whatever legal purpose it may serve.[20]
x x x x
Section 14 of Presidential Decree No. 1529 states:The Petition for ReviewSECTION 14. Who may apply. - The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:Similarly, Section 48 of Commonwealth Act No. 141 or the Public Land Act, as amended, provides:
(1) Those who by themselves or through their predecessors-in interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. x x xSECTION 48. The following described citizens of the Philippines, occupying lands of public domain or claiming to own such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title thereof, under the Land Registration Act, to wit: x x xIt is evident from the above-cited provisions that an application for land registration must conform to three requisites: (1) the land is alienable public land; (2) the applicant's open, continuous, exclusive, and notorious possession and occupation thereof must be since 12 June 1945, or earlier; and (3) it is under a bona fide claim of ownership. We are of the considered view that these requisites were satisfactorily established in this case.
(b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public dominion, under a bona fide claim of ownership, since June 12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.
Any question concerning the nature of the subject parcel of land whether it is alienable and disposable public land or not-has been answered by the certification issued by the Department of Environment and Natural Resources dated 9 March 2009. Said certification confirms that the subject parcel of land forms part of the alienable and disposable public domain. It states:... based on map projection, Lot 6411-B, Csd-01-013782- D, identical to lot 16699, Cad. 325-D, Alaminos Cadastre falls within the Alienable and Disposable Area per Block III, Project No. 30, Alaminos Project, Land Classification Map No. 681, certified August 8, 1927.
We are convinced that appellee and its predecessors-in-interest have been in open, continuous, exclusive, and notorious possession of the subject parcel of land since 1951 under a bona fide claim of ownership. Appellee avows that from 1951, his predecessors-in-interest had exercised acts of dominion over the subject parcel of land by occupying and cultivating it, declared the same in their names, and paid taxes due thereon. From its acquisition of the subject parcel of land in 2002, appellee had also exercised acts of dominion over the subject parcel of land by occupying it and constructing structures thereon, declared the same in its name, and paid taxes due thereon. It is worth noting that in the trial court, no one contested the possession and claim of ownership of appellee and its predecessors-in-interest over the subject parcel of land despite due publication of their claim. Even the Republic, through the Director of Lands, presented no serious opposition on their claims. The voluntary declaration of a piece of property for taxation purposes manifests not only one's sincere and honest desire to obtain title to the property and announces his adverse claim against the state and all other interested parties, but also the intention to contribute needed revenues to the Government. Further, although tax declarations or realty tax payments of property are not conclusive evidence of ownership, nevertheless, they are good indicia of possession in the concept of owner for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession. They constitute at least proof that the holder has a claim of title over the property. Such an act strengthens one's bona fide claim of acquisition of ownership. As is well known, the payment of taxes coupled with actual possession of the land covered by the tax declaration strongly supports a claim of ownership.
WHEREFORE, in view of the foregoing, the 25 October 2005 decision of the Regional Trial Court of Alaminos City, Pangasinan (Branch 54), in Land Registration Case No. A-637 is AFFIRMED.
SO ORDERED.[21]
[original emphasis retained]
The certifications are not sufficient. DENR Administrative Order (DAO) No. 20, dated 30 May 1988, delineated the functions and authorities of the offices within the DENR. Under DAO No. 20, series of 1988, the CENRO issues certificates of land classification status for areas below 50 hectares. The Provincial Environment and Natural Resources Offices (PENRO) issues certificate of land classification status for lands covering over 50 hectares. DAO No. 38, dated 19 April 1990, amended DAO No. 20, series of 1988. DAO No. 38, series of 1990, retained the authority of the CENRO to issue certificates of land classification status for areas below 50 hectares, as well as the authority of the PENRO to issue certificates of land classification status for lands covering over 50 hectares. In this case, respondent applied for registration of Lot 10705-B. The area covered by Lot 10705-B is over 50 hectares (564,007 square meters). The CENRO certificate covered the entire Lot 10705 with an area of 596,116 square meters which, as per DAO No. 38, series of 1990, is beyond the authority of the CENRO to certify as alienable and disposable.Clearly, the appellate court erred in relying solely on the CENRO certification in order to affirm the approval of the application for the original registration of the subject public land. Significantly - and this point serves to stress the gravity of the CA's mistake - the CA ruling came after this Court had promulgated Republic v. T.A.N. Properties, wherein the strict requirement in land registration cases for proving public dominion lands as alienable and disposable had been duly recognized.
The Regional Technical Director, FMS-DENR, has no authority under DAO Nos. 20 and 38 to issue certificates of land classification. Under DAO No. 20, the Regional Technical Director, FMS-DENR:Under DAO No. 38, the Regional Technical Director, FMS-DENR:
- Issues original and renewal of ordinary minor products (OM) permits except rattan;
- Approves renewal of resaw/mini-sawmill permits;
- Approves renewal of special use permits covering over five hectares for public infrastructure projects; and
- Issues renewal of certificates of registration for logs, poles, piles, and lumber dealers.
Hence, the certification issued by the Regional Technical Director, FMS-DENR, in the form of a memorandum to the trial court, has no probative value.
- Issues original and renewal of ordinary minor [products] (OM) permits except rattan;
- Issues renewal of certificate of registration for logs, poles, and piles and lumber dealers;
- Approves renewal of resaw/mini-sawmill permits;
- Issues public gratuitous permits for 20 to 50 cubic meters within calamity declared areas for public infrastructure projects; and
- Approves original and renewal of special use permits covering over five hectares for public infrastructure projects.
Further, it is not enough for the PENRO or CENRO to certify that a land is alienable and disposable. The applicant for land registration must prove that the DENR Secretary had approved the land classification and released the land of the public domain as alienable and disposable, and that the land subject of the application for registration falls within the approved area per verification through survey by the PENRO or CENRO. In addition, the applicant for land registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. These facts must be established to prove that the land is alienable and disposable.
To establish that the land subject of the application is alienable and disposable public land, the general rule remains: all applications for original registration under the Property Registration Decree must include both (1) a CENRO or PENRO certification and (2) a certified true copy of the original classification made by the DENR Secretary.Respondent failed to present a certified true copy of the DENR's original classification of the land. With this failure, the presumption that Lot 6411-B, Csd-01-013782-D, is inalienable public domain has not been overturned. The land is incapable of registration in this case. On the strength of this reason alone, we reverse the assailed ruling.