1529 does not require the applicant to reside on the land being registered.22 The law also does not require that a relative of the applicant be present to oversee the property.23, On March 4, 2013, this court resolved, among others, to require the Republic to submit its comment, without necessarily giving due course, within 10 days from notice.24, In its comment, the Republic argued that "[Canlas] failed to present sufficient and convincing evidence to support her application for registration of the subject parcel of land. On its face, the State acquiring ownership over a private person’s property through acquisitive prescription seems like a taking without compensation. Likewise, respondent argued that petitioner’s allegations ofpossession and occupation were mere conclusions and unsubstantiated. Prescription. 742. Thus, the prescription of an action is interrupted by (a) the filing of an action, (b) a written extrajudicial demand by the creditor, and (c) a written acknowledgment of the debt by the debtor. Positive or acquisitive prescription When the right over property is acquired by lapse of time, it is called positive prescription. Accordingly, the Application of Registration of Title of Luzviminda A. Canlas is DISMISSED. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith. No. No. 79 Dela Peña v. Court of Appeals, 598 Phil. We do not understand why it harps on the fact that the property was declared for taxation purposes only in 1948. No. The case is, however, REMANDED to the trial court for presentation of evidence to determine whether the 9,751-square-meter parcel of land located in Barrio Macamot, Municipality of Binangonan, Province of Rizal, technically described as Cadastral Lot No. CV No. at 448, citing Heirs of Mario Malabanan v. Republic, 605 Phil. 77 See Roman Catholic Archbishop of Manila v. Ramos, G.R. This statute prescribes claims by unrecognized heirs in favor of third persons who have acquired property through an heir or legatee recognized in the judgment of possession when There must also be an express government manifestation that the property isalready patrimonial or no longer retained for public service or the development of national wealth, under Article 422 of the Civil Code. "54 Concomitantly, the burden to prove these requisites rests on the applicant.55 With regard to the first requisite, it is undisputed that the land subject of registration is part of the alienable and disposable lands of the public domain. Without good faith and just title, acquisitive prescription can only be extraordinary in character which requires uninterrupted adverse possession for 30 years. Properties, Inc., 578 Phil. For instance, when a person makes a continuous use of a well located in someone else land, he automatically acquired a right over the well as prescribed under the Indian Easement Act. (a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of the Public Land Act. (Heirs of Mario Malabanan v. Republic of the Philippines, G.R. We observe that no oppositors appeared during the initial hearing on petitioner’s application.73 Aside from petitioner’s statement during cross-examination that the sale did not push through due to non-payment of the full purchase price, the Court of Appeals did not refer to other evidence to establish the conditional sale. The testimonies of petitioner and Montano Ulang, petitioner’s senior of 10 years who lived near the property subject of registration, were also presented (rollo, pp. Without good faith and just title, acquisitive prescription can only be extraordinary in character which requires uninterrupted adverse possession for 30 years. "57 However, the Court of Appeals found that petitioner failed to prove with sufficient evidence her open, continuous, exclusive, and notorious possession and occupation of the land. Q : After your father, who possessed and cultivated the property? 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 therefor under the Land Registration Act, to wit: (b) Those who by themselves or through their predecessors-ininterest 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, immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure. This court in Tan found that "[w]hile there was an attempt to supplement the tax declaration by testimonial evidence, the same is futile and frivolous. (Heirs of Maningding v. CA, 342 Phil. Moreover, to qualify as open, continuous, exclusive, and notorious possession and occupation, the possession must be of the following character: Possession is open when it is patent, visible, apparent, notorious and not clandestine. 23377, and all titles derived from the decree.39 The Republic also prayed that the land covered by the decree be declared in its name, except those parcels of land validly acquired by third persons. (Art. Citing the case above, the Land Registration Authority prayed the following before the trial court in its report and motion: WHEREFORE,it is respectfully prayed of this Honorable Court to issue an order (1) directing the Register of Deeds of Rizal, Binangonan, Rizal to annotate on TCT No. 50 Id. Possession is broader than occupation because it includes constructive possession. 91–92, Rollo)". Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377 Landline: (632) 359-4203, 2nd Floor LC Building, 31 Gen. Luna St., Tuktukan 1632 Taguig City, Philippines, © 2020 BATASnatin - Filipino's Comprehensive Online Law Resource and Community, Property, Ownership and Its Modifications, EFFECT OF PRESCRIPTION OF THE OFFENSE ON THE CIVIL LIABILITY OF ACCUSED. Documentary evidence, such as tax declarations, when coupled with positive and clear testimonies of the applicant and his or her witnesses,may be weighed in favor of the applicant.78. No. No. 169, 181–182 (2007) [Per J. Chico-Nazario, Third Division], cited in Tan v. Republic, G.R. The alleged Decree No. The court held that: Moreover, conscious of the resulting "large scale dispossession and social displacement of several hundreds of bona fide occupants and their families" which the Solicitor General pointed out, the private respondent agreed unanimously to accept the alternative prayer of the petitioner in their joint memorandum (pp. Records show that petitioner was aware of this development as early as 2009 or even before the appeal to the Court of Appeals.81 There has been no mention of this document before the Court of Appeals or in the present petition. 200894               November 10, 2014. property law: Acquisition by … 6145 and TCT No. (As amended by P.D. Possession occurs through the exercise of the right claimed and the intention of exercising it as the holder of the right. The trial court found: Applicant’s evidence shows that she complied with the notice requirements (Exhibits "A" to ["]M,"inclusive of submarkings) and she was able to substantiate the allegations in her application (Exhibits "N" to "II," inclusive of submarkings). The resolution was issued on February 23, 2012. WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL ACTIONS ON THE PERIOD OF PRESCRIPTION, PHILIPPINE ECONOMIC ZONE AUTHORITY V. FERNANDEZ 358 SCRA 489. It is also known as adverse possession. The trial court is in the best position to ascertain the validity and authenticity of the alleged Land Registration Authority report and motion, as well as the truth and probative weight of the statements contained in the document. 179987, September 3, 2013, 704 SCRA 561, 584–585 [Per J. Bersamin, En Banc Resolution]). 219, 232 (2002) [Per J. Austria-Martinez, First Division]; See Spouses Cirelos v. Spouses Hernandez, 524 Phil. (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. No. This resolves the petition for review on certiorari under Rule 45 of the Rules of Court, assailing the decision1 dated November 10, 2011 and resolution2 dated February 23, 2012 of the Court of Appeals. 1529 (in relation to the Civil Code of the Philippines), the applicant must prove that the land is not merely alienable and disposable, but that it has also been converted into patrimonial property of the State. 35 In the Land Registration Authority’s report and motion, the land was described to be situated in Barrio "Mayamot", (rollop. The action is barred by laches which is defined as the failure to assert a right for an unreasonable and unexplained length or time, warranting a presumption that the party entitled to assert it has either abandoned or declined to assert it. 2d 82 (1968), these elements of acquisitive prescription are pertinent to the prescription of LA. 1529,4 of the 9,751-square-meter parcel of land located in Barrio Macamot, Municipality of Binangonan, Province of Rizal, and technically described as Cadastral Lot No. 6145 issued on September 10, 1911 and the alleged owner’s copy of Transfer Certificate of Title No. 496, as amended, otherwise known as the Land Registration Act, or any other law, x x x.’ (pp. The totality of petitioner’s evidence trumps any doubt as to the exclusivity and continuity of petitioner’s possession with regard to other occupants and an alleged failed conditional sale executed in 1976 between petitioner and third parties, Lorenza F. Reyes and Maura F. Reyes. Section 14 of Presidential Decree No. As to the second requisite, petitioner claims that she "by herself, and through [her] predecessors-in-interest, had since June 12, 1945 or earlier[,] been in open[,] continuous, exclusive and notorious possession of the . Such interpretation is untenable and goes beyond the text of Section 14(1) of Presidential Decree No. 441, 452–453 (2008) [Per J. Carpio, First Division], this court held that it is not enough for the Provincial Environment and Natural Resources Offices (PENRO) or Community Environment and Natural Resources Offices (CENRO) to certify that a land is alienable and disposable. 52 Id. 134, 139–140 (2009) [Per J. Quisumbing, Second Division]. . M-2106the following memorandum: By virtue of the decision of the Court dated January 30, 2008 in Land Reg. The RTC should have tackled evidence of such nature with a disposition to incredulity, if not with an outright rejection.". 23377, as allegedly certified by the Land Registration Authority, to the trial court of origin. Moreover, as shown in the records, petitioner, through her predecessors-in-interest, has been in possession of the land since the early 1900s. 1073.). 4 "Amending and Codifying the Laws Relative to Registration of Property and for Other Purposes" or the Property Registration Decree. M-1302 was issued in its place. (2) In complying with Section 14(2) of the Property Registration Decree, consider that under the Civil Code, prescription is recognized as a mode of acquiring ownership of patrimonial property. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor. 47 See Republic v. Capco de Tensuan, G.R. 65 The present case must be differentiated from Tan v. Republic,G.R. Ordinary Acquisitive Prescription: - immovables - movables. M-00861 was derived from a mother title, TCT No. 193443, April 16, 2012, 669 SCRA 499, 510 [Per J. Reyes, Second Division Resolution], in that petitioner Canlas showed that she and her predecessors-in-interest have exercised specific acts of ownership over the land subject of the application for registration. The Court of Appeals held that Canlas was not able to prove open, continuous, exclusive, and notorious possession and occupation of the property.13 According to the Court of Appeals, Canlas failed to discharge the burden of proof placed on applicants for land registration.14, The Court of Appeals also found that Canlas admitted during cross examination that she has not resided on the property since she got married in 1966 and left for San Francisco Del Monte, Quezon City.15 During the same cross-examination, Canlas contradicted her allegations in the application as to knowledge of any mortgage, encumbrance, or interest of other persons in the property in question.16 Moreover, she did not show "any acts of occupation, development, cultivation or maintenance over the property."17. The testimonies of the applicant and her witnesses proved that the applicant through her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of an alienable and disposable parcel of land of the public domain under a bona fide claim of ownership for more than 30 years.After considering the report and the evidence, we find that the applicant has sufficient title proper for registration, and we render judgment confirming it.58 (Emphasis and italics supplied). Davide, Jr., First Division]. 862, 876 (2009) [Per J. Nachura, Third Division]. Possession is “in good faith” when there is a reasonable belief that the person from whom the thing is received has been the owner thereof and could thereby transmit his ownership. 186961, February 20, 2012, 666 SCRA 401, 419 [Per J. Reyes, Second Division], citing Republic v. Alconaba, 471 Phil. 6145 was spurious and false and, in turn, the reconstituted TCT No. 1129, NCC). 1 Rollo, pp. 80 Id.,citing Lao v. People, 578 Phil. (1933) Art. The case is remanded to the trial court for further proceedings with regard to the determination of whether Psu-04-006561 is covered by TCT No. Under the wing of acquisitive prescription, the Civil Code of Quebec recognizes two different delays, a ten (10) year interval for immovable property, and a three (3) year interval for movable property. In addition, the Court of Appeals did not allow the intervention of the heirs of Lorenza F. Reyes and Maura F. Reyes.74 No third parties intervened in the present case.75. 23377 issued on May 12, 1933, both in the name of Francisco and Hermogenes Guido, and which supposed owner’s duplicate was made the basis of the administrative reconstitution of Transfer Certificate of Title No. Petitioner has sufficiently overcome the burden of proof required in a judicial confirmation of incomplete or imperfect title to land. The Court of Appeals reversed the trial court's decision dated January 30, 2008 in LRC Case No. at 52, citing Wee v. Republic of the Philippines, 622 Phil. Case No. However, petitioner’s allegations in the application filed on August 22, 2006 established Section 14(1) of Presidential Decree No. Jurisprudence is clear that the absence of oppositors in a land registration case does not automatically mean a meritorious case absent clear and convincing evidence of actual possession and occupation. 46 See Amado v. Salvador, 564 Phil. The decision was promulgated on November 10, 2011, docketed as CA-G.R. 151407, February 6, 2007, the SC had the occasion to rule that like other causes of action, the prescriptive period for money claims is subject to interruption, an din the absence of an equivalent Labor Code provision for determining whether the said period may be interrupted, Article 1155 of the Civil Code may be applied, (De Guzman v. CA, 358 Phil. Free legal advice visit BATASnatin YouTube for more details! at 139. Thus, we do not see any reason to deviate from the findings of the lower courts. No. 944, 956 (2009) [Per J. Del Castillo, Second Division]. Q : How young were you then in the 1900’s? Acquisitive prescription is either ordinary or extraordinary. Maria. 244, 281 (2009) [Per J. Tinga, En Banc]. An applicant for land registration or judicial confirmation of incomplete or imperfect title under Section 14(1) of Presidential Decree No. Thus, for ordinary acquisitive prescription to set in, possession must be for at least 10 years, in good faith and with just title. They waited for 16 years to oust them. Since these words are separated by the conjunction and, the clear intention of the law is not to make one synonymous with the other. 361, 374 (2008) [Per J. Chico-Nazario, Third Division], this court declared that"[w]ell-settled is the rule that tax declarations and receipts are not conclusive evidence of ownership or of the right to possess land when not supported by any other evidence." Of recording an agreement with regard to the contrary x x x.’ ( pp 2008! In Republic v. Capco de Tensuan, G.R property Registration Decree possession,,! Other Purposes '' or the property [ was purchased ] as well as jurisprudence, however, the have... Callejo, Sr., First Division ] Codifying the laws governing acquisitive prescription requires possession in good faith with... Adds the word occupation, or ownership prescription already obtained, but the. Acquired by prescription under PD No, November 18, 2013, 708 SCRA 367 379... November 10, 2011 and resolution be part of the latest resolution in future! Word occupation, or against a married woman did not leave us ina guessing and explorative.... Citing Lao v. 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