453 Phil. 189
YNARES-SANTIAGO, J.:
x x x the applicant acquired the subject parcel of land by purchase from Raymundo Noguera and Ma. Victoria A. Valenzuela in 1994, and that applicant and her predecessors-in-interest have been in continuous, uninterrupted, open, public, adverse and in the concept of an owner possession of the subject parcel of land for more than thirty (30) years now; and that the same parcel was declared for taxation purposes; that the realty taxes due thereon have been duly paid; that the land involved in this case is not covered by any land patent. Likewise, this Court could well-discern from the survey plan covering the same property, as well as technical description and other documents presented, that the land sought to be registered is agricultural and not within any forest zone or public domain; and that tacking her predecessors-in-interest's possession to hers, applicant appears to be in continuous and public possession thereof for more than thirty (30) years.[4]The dispositive portion of the decision reads:
WHEREFORE, this Court hereby approves this application for registration and thus places under the operation of Act 141, Act 496 and/or P.D. 1529, otherwise known as Property Registration Law, the land described in Plan Ap-04-007770 and containing an area of nine thousand three hundred forty-nine (9,349) square meters as supported by its technical description now forming part of the record of this case, in addition to other proofs adduced in the name of ALEXANDRA A. LAO, of legal age, married to NELSON O. LAO, Filipino citizen, with residence at 1648 Yakal Street, Sta. Cruz, Manila.Petitioner Republic of the Philippines, represented by the Office of the Solicitor General, appealed to the Court of Appeals which was docketed as CA-G.R. CV No. 56230. On October 15, 2001, the appellate court affirmed the judgment of the trial court.[6] Hence, this petition for review raising the following errors:
Once this Decision becomes final and executory, the corresponding decree of registration shall forthwith issue.
SO ORDERED.[5]
THERE IS NO SUFFICIENT EVIDENCE TO WARRANT THE ORIGINAL REGISTRATION OF TITLE OF SUBJECT PROPERTY IN THE NAME OF RESPONDENT.[7]In sum, the issues presented before us are (a) whether or not respondent was able to prove, by the quantum of evidence mandated by law, that she met the required period of open, exclusive, continuous and notorious possession, in the concept of an owner, of the subject parcel of land; and (b) whether or not respondent was able to show that the land subject of her application was disposable and alienable land of the public domain.
- RESPONDENT FAILED TO COMPLY WITH THE LEGALLY REQUIRED PERIOD AND ACTS OF POSSESSION.[8]
- THE TAX DECLARATIONS PRESENTED BY RESPONDENT DO NOT CORROBORATE HER CLAIM OF THE LEGALLY REQUIRED PERIOD OF POSSESSION.[9]
- RESPONDENT FAILED TO PRESENT A CERTIFICATION FROM THE APPROPRIATE GOVERNMENT AGENCY THAT THE LAND SUBJECT OF HER APPLICATION FOR REGISTRATION IS ALIENABLE AND DISPOSABLE LAND OF THE PUBLIC DOMAIN.[10]
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:On the other hand, Section 48 (b) of Commonwealth Act No. 141, as amended by Section 4 of Presidential Decree No. 1073, provides:
(1) Those who by themselves or through their predecessor-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.
The provisions of Section 48(b) and Section 48(c), Chapter VIII, of the Public Land Act are hereby amended in the sense that these provisions shall apply only to alienable and disposable lands of the public domain which have been in open, continuous, exclusive and notorious possession and occupation by the applicant himself or thru his predecessor-in-interest, under a bona fide claim of acquisition of ownership, since June 12, 1945.Thus, before one can register his title over a parcel of land, the applicant must show that (a) he, by himself or through his predecessors-in-interest, has been in open, continuous, exclusive and notorious possession and occupation of the subject land under a bona fide claim of ownership since June 12, 1945 or earlier; and (b) the land subject of the application is alienable and disposable land of the public domain.
Under the public land act, judicial confirmation of imperfect title required possession en concepto de dueƱo since time immemorial, or since July 26, 1894. Under C.A. No. 141, this requirement was retained. However, on June 22, 1957, Republic Act No. 1942 was enacted amending C.A. No. 141. This later enactment required adverse possession for a period of only thirty (30) years. On January 25, 1977, the President enacted P.D. No. 1073, further amending C.A. No. 141, extending the period for filing applications for judicial confirmation of imperfect or incomplete titles to December 31, 1987. Under this decree, "the provisions of Section 48 (b) and Section 48 (c), Chapter VIII, of the Public Land Act are hereby amended in the sense that these provisions shall apply only to alienable and disposable land of the public domain which have been in open, continuous, exclusive and notorious possession and occupation by the applicant himself or thru his predecessors-in-interest under a bona fide claim of acquisition of ownership, since June 12, 1945.The aforequoted ruling was reiterated in Republic v. Court of Appeals,[12] thus:
This Court has held in Republic vs. Doldol [295 SCRA 359, (1998)] that, originally, "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:Petitioner argues that respondent failed to prove by incontrovertible evidence that she had been in open, continuous, exclusive and notorious possession and occupation of the subject land, in the concept of an owner, since June 12, 1945 or earlier. According to petitioner, respondent's witnesses did not state the exact period when respondent's predecessors-in-interest started occupying the subject land. They only made sweeping statements to the effect that respondent had been in possession of the property for more than thirty years. Hence, it can not be conclusively determined whether respondent and her predecessors-in-interest have truly been in possession of the property since June 12, 1945 or earlier. Furthermore, respondent failed to show how the property was transferred from Generosa Medina to Raymundo Noguera and Ma. Victoria A. Valenzuela. No extrajudicial settlement of property was established. Consequently, respondent can not tack her possession with those of Generosa Medina and her predecessors-in-interest.(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 or ownership, since June 12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title, except when prevented by wars or force majeure. Those 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.
x x x a title may be judicially confirmed under Section 48 of the Public Land Act only if it pertains to alienable lands of the public domain. Unless such assets are reclassified and considered disposable and alienable, occupation thereof in the concept of owner, no matter how long, cannot ripen into ownership and be registered as a title. Verily, Presidential Decree No. 1073 clarified Section 48 (b) of the Public Land Act by specifically declaring that the latter applied only to alienable and disposable lands of the public domain.In the case at bar, no certification from the appropriate government agency or official proclamation reclassifying the land as alienable and disposable was presented by respondent. Respondent merely submitted the survey map and technical descriptions of the land, which contained no information regarding the classification of the property. These documents are not sufficient to overcome the presumption that the land sought to be registered forms part of the public domain.
It was rather sweeping for the appellate court to rule that after an applicant files his application for registration, the burden shifts totally to the government to prove that the land forms part of the unclassified forest zone. The ruling in Heirs of Amunategui v. Director of Forestry (126 SCRA 69) governs applications for confirmation of imperfect title. The applicant shoulders the burden of overcoming the presumption that the land sought to be registered forms part of the public domain.Moreover, the absence of opposition from the government agencies is of no moment because the State cannot be estopped by the omission, mistake or error of its officials or agents.[22]