539 Phil. 205
GARCIA, J.:
Petitioner Efren Carrasco testified on November 26, 1997 that he is single, 24 years of age, a farmer and residing at Tanay, Rizal, a Filipino; that he owned a parcel of land located at Sitio Ulang Tubig, Barangay Tandang Kutyo, Tanay, Rizal with an area of 17,637 sq. meters; that the said land has not been the subject of Original Registration of Title as amended by PD 1529; that he acquired the said land from Norberto Mingao as his compensation for having worked with him and his acquisition as evidenced by a Waiver executed by Norberto Mingao in favor of petitioner on December 16, 1991 which he caused to be marked Exhibit "E;" that he also produced and showed to the Court as proof of his ownership to the land an original survey subdivision plan No. SGS-04-000518-0, which he caused to be marked Exhibit "F" and the particular Lot No. 16 on the map as Exhibit "F-1;" that he caused the survey of the property by a duly licensed Geodetic Engineer in the person of Engineer Modesto Allado who prepared the technical descriptions of the property now marked Exhibit "G" and issued a surveyors certificate which was marked Exhibit "H;" that the land sought to be registered was declared for taxation purposes as shown in Tax Declaration No. 017-4224 in the name of Efren Carrasco which was marked Exhibit "I;" that the taxes for the said property was paid under Official Receipt No. 215109 dated September 13, 1996 marked Exhibit "J;" that the boundary owners of his property sought to be registered are: on the East, Miguel Taclas, on the North, Maximo Mondragon, on the South, Allan Alcantara and on the West, Jesus Consulta; that he has been in continuously, openly, adversely in possession of the said property in the concept of an owner, while his predecessors-in-interest has likewise been in possession of the same in the concept of an owner continuously, openly, and adversely for more than 25 years; that there are no other persons claiming possession over the property; that the same property has not been mortgaged or encumbered to any other persons or entities; that the property subject matter of the case is not within a military or naval reservation.In a decision[4] dated February 4, 1998, the trial court, upon a finding that the respondent has sufficiently established his ownership of the land in question, ordered the registration thereof in his name, thus:
On cross-examination, he testified and clarified that he was employed in the land of Norberto Mingao, clearing and planting on the vast property he owns; that his father also had worked for Norberto Mingao for a very long time and for the services that he and his father rendered, he was given by Mingao about 17,637 square meters of the more or less 600,000 square meters of land he owns; that in 1950 his father took over the possession of the land, cultivated the same and planted fruit trees and growing crops; the said land was given by Mr. Mingao to his father because of the services he rendered to Mingao by clearing, planting and cultivating his vast track of lands; that it was in 1990 that he occupied the possession of his father by virtue of the Deed of Waiver executed by Mingao in his favor.
The second witness of petitioner is Teosito Avesado, 69 years old, a businessman and a resident of B.F. Homes Phase 3, Parañaque, Metro Manila; that he personally knows the applicant in this case as he is one of the workers of Norberto Mingao, that he knew the land sought to be registered because he used to visit Mingao in that area as they happened to be the President and Vice President of the Magellan Agricultural Corporation respectively; that he is interested in the petition so that people working with Mingao should be given the rightful ownership and title to the land they hold; that Mr. Mingao had started to occupy a vast tract of land during the early 1940s and because of his appreciation to the services of his workers who worked for him in the land for a very long time, he gave a portion of his land to applicant.[3]
Wherefore, it is hereby decreed that the property described as Lot 16, SGS-000518-D located at Tandang Kutyo, Sampaloc, Tanay, Rizal with an area of 17,637 square meters may now be registered and confirmed in the name of Efren N. Carrasco pursuant to the provisions of the Land Registration Act, and the corresponding title to the property be issued in his name after payment of the required fees.Insisting that (1) the land being applied for registration is not alienable public agricultural land; and (2) respondent is not qualified to register the same under Presidential Decree (P.D.) No. 1529,[5] the Republic, through the OSG, appealed to the CA whereat its appellate recourse was docketed as CA-G.R. CV No. 59566.
Let copies of this Decision be furnished the Solicitor General, the Land Registration Authority, the Department of Environment and Natural Resources, the Provincial Government of Rizal, the Office of the District Engineer of Rizal, the Municipality of Tanay, Rizal and the parties concerned.
SO ORDERED.
WHEREFORE, the judgment appealed from is hereby AFFIRMED in toto.In its decision, the CA held that the subject land is alienable in view of the certification from the Department of Environment and Natural Resources (DENR) that the land was verified to be within the alienable and disposable land of the public domain and outside of any civil or military reservation. On the issue of whether the respondent was qualified to have the land registered in his name, the CA ruled in the affirmative having found the evidence sufficient to establish respondent's and Mingao's ownership and possession of the land in accordance with the rule laid down in Republic v. Court of Appeals[6] that occupation and cultivation for more than 30 years by an applicant and his predecessor-in-interest vest title on such applicant so as to segregate the land from the mass of the public domain.
SO ORDERED.
In his Comment,[8] respondent maintains that he is entitled to apply for registration of title over the subject property because his open, adverse and continuous possession thereof for more than 30 years has ripened into ownership. In any event, respondent argues that the CA has found his evidence sufficient to establish his and his predecessor-in-interest's ownership and possession of the land, which factual finding is conclusive on this Court.I
THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE LOWER COURT'S RULING THAT RESPONDENT IS QUALIFIED TO APPLY FOR THE REGISTRATION OF TITLE OVER THE SUBJECT PARCEL OF LAND UNDER P.D. NO. 1529.II
ASSUMING ARGUENDO THAT RESPONDENT IS QUALIFIED TO APPLY FOR REGISTRATION OF THE QUESTIONED LOT, STILL THE HONORABLE COURT OF APPEALS ERRED IN RULING THAT BASED ON JURISPRUDENCE, REPUBLIC V. COURT OF APPEALS, 235 SCRA 567 (1994), RESPONDENT HAD BEEN IN POSSESSION THEREOF WITHIN THE PERIOD PRESCRIBED BY LAW FOR THE SAME TO BE ACQUIRED THROUGH JUDICIAL CONFIRMATION OF IMPERFECT TITLE.[7]
SEC. 14. Who may apply. – The following persons may file in the proper Court of First Instance [now the Regional Trial Court] an application for registration of title to land, whether personally or through their duly authorized representatives:We have no disagreement with the finding of the CA that the subject property is part of the alienable and disposable agricultural lands of the public domain, having been classified as such by the DENR, an appropriate government agency for the purpose. We part ways, however, with the CA in its conclusion that the respondent has established his ownership of the land in question for the period of possession required by law.(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.
While tax receipts and declarations are not incontrovertible evidence of ownership, they constitute, at the least, proof that the holder has a claim of title over the property. The voluntary declaration of a piece of property for taxation purposes not only manifests one's sincere and honest desire to obtain title to the property, but also announces an adverse claim against the State and all other interested parties with an intention to contribute needed revenues to the government. Such an act strengthens one's bona fide claim of acquisition of ownership.Hence, since Mingao's possession and ownership of the subject land were not sufficiently proven, Mingao himself cannot validly transmit his rights over the land in respondent's favor. At any rate, the mode by which respondent alleged to have taken possession and ownership of the land is not one of those provided for under Article 712 of the Civil Code. [15]
Section 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any 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 therefore, under the Land Registration Act, to wit:Clearly then, the reliance placed by the appellate court in Republic v. Court of Appeals[17] where we ruled that occupation and cultivation for more than 30 years by an applicant and his predecessor-in-interest vest title on such applicant so as to segregate the land from the mass of public land, is erroneous. Said ruling has been effectively superseded by subsequent legislations which amended Section 48(b) the Public Land Act. The case of Republic v. Doldol,[18] cited in Igtiben v. Republic,[19] provides a summary of these amendments, to wit:xxx xxx xxx x
(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 domain, under a bona fide claim of acquisition 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.
The original Section 48(b) of C.A. No. 141 provided for possession and occupation of lands of the public domain since July 26, 1894. This was superseded by R.A. No. 1942 which provided for a simple thirty-year prescriptive period of occupation by an applicant for judicial confirmation of imperfect title. The same, however, has already been amended by Presidential Decree No. 1073, approved on January 25, 1977. As amended Section 48(b) now reads:As presently phrased, the law requires that possession of lands of the public domain must be from June 12, 1945 or earlier for the land to be acquired through judicial confirmation of imperfect or incomplete title.
Section 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any 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 therefore, under the Land Registration Act, to wit:xxx xxx xxx x
(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 domain, under a bona fide claim of acquisition 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. (Emphasis supplied.)