This case has been cited 17 times or more.
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2015-09-14 |
LEONEN, J. |
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| The Maltos Spouses further argue that it was error for the Court of Appeals not to apply the in pari delicto rule, considering that the sale violated Section 118[60] of the Public Land Act.[61] Since both parties are at fault, it follows that Article 1412[62] of the Civil Code applies.[63] | |||||
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2015-09-14 |
LEONEN, J. |
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| In this case, Section 101[87] of the Public Land Act is applicable since title already vested in Eusebio Borromeo's name. Both the trial court and the Court of Appeals found that the sale was made within the five-year prohibitory period. Thus, there is sufficient cause to revert the property in favor of the state. However, this court cannot declare reversion of the property in favor of the state in view of the limitation imposed by Section 101 that an action for reversion must first be filed by the Office of the Solicitor General. | |||||
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2015-09-07 |
LEONEN, J. |
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| Sec. 44. Any natural-born citizen of the Philippines who is not the owner of more than twenty-four hectares, and who since July fourth, nineteen hundred and forty-five or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition, or who shall have paid the real estate tax thereon while the same has not been occupied by any other person shall be entitled, under the provisions of this chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed twenty-four hectares.[83] | |||||
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2015-09-07 |
LEONEN, J. |
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| Sec. 91. The statements made in the application shall be considered as essential condition and parts of any concession, title, or permit issued on the basis of such application, and any false statement therein or omission of facts altering, changing, or modifying the consideration of the facts set forth in such statements, and any subsequent modification, alteration, or change of the material facts set forth in the application shall ipso facto produce the cancellation of the concession, title, or permit granted. It shall be the duty of the Director of Lands, from time to time and whenever he may deem it advisable, to make the necessary investigations for the purpose of ascertaining whether the material facts set out in the application are true, or whether they continue to exist and are maintained and preserved in good faith, and for the purposes of such investigation, the Director of Lands is hereby empowered to issue subpoenas and subpoenas duces tecum and, if necessary, to obtain compulsory process from the courts. In every investigation made in accordance with this section, the existence of bad faith, fraud, concealment, or fraudulent and illegal modification of essential facts shall be presumed if the grantee or possessor of the land shall refuse or fail to obey a subpoena or subpoena duces tecum lawfully issued by the Director of Lands or his authorized delegates or agents, or shall refuse or fail to give direct and specific answers to pertinent questions, and on the basis of such presumption, an order of cancellation may issue without further proceedings.[85] | |||||
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2015-08-05 |
LEONEN, J. |
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| Commonwealth Act No. 141 known as The Public Land Act covers matters such as "what lands are open to disposition or concession[.]"[53] Section 48(b), as amended, governs judicial confirmation of imperfect title: SEC. 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 therefor, under the Land Registration Act, to wit: | |||||
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2009-12-08 |
DEL CASTILLO, J. |
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| In brief, petitioner alleged in her application that she is the owner in fee simple of the subject property by virtue of a Deed of Absolute Sale[8] dated February 1, 1993 executed by Julian Gonzales in her favor. Petitioner claimed the benefits of the Property Registration Decree[9] or, should said Decree be inapplicable, the benefits of Chapter VIII of Commonwealth Act No. 141 (1936),[10] because she and her predecessor-in-interest have been in open, continuous, public, peaceful and adverse possession of the land since time immemorial. | |||||
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2008-06-25 |
TINGA, J. |
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| The date "12 June 1945" under the aforequoted provision is a reiteration of Section 4[23] of P.D. No. 1073,[24] which, in turn, amended Section 48 (b)[25] of the Public Land Act.[26] The reckoning date under the Public Land Act, as amended, for the acquisition of ownership of public lands is likewise 12 June 1945 or earlier, and evidence of possession from that date or earlier is essential for a grant of an application for judicial confirmation of imperfect title.[27] | |||||
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2008-01-28 |
TINGA, J, |
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| Public lands suitable for agricultural purposes can be disposed of only by homestead patent, sale, lease, judicial confirmation of imperfect or incomplete titles, and administrative legalization or free patent.[22] One claiming private rights as basis of ownership must prove compliance with the Public Land Act which prescribes the substantive | |||||
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2008-01-28 |
TINGA, J, |
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| Any citizen 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 with the RTC of the province where the land is located for confirmation of his/her claim and the issuance of a certificate of title therefor under the Property Registration Decree.[25] Such applicants must by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable agricultural lands of the public domain,[26] under a bona fide claim of acquisition or ownership, since 12 June 1945,[27] except when prevented by war or force majeure, shall be conclusively presumed to have performed all the conditions essential to a Government grant.[28] At present, such applications for judicial confirmation of imperfect or incomplete titles must be filed prior to 31 December 2020; and must cover an area of up to 12 hectares only.[29] | |||||
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2008-01-28 |
TINGA, J, |
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| Any citizen 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 with the RTC of the province where the land is located for confirmation of his/her claim and the issuance of a certificate of title therefor under the Property Registration Decree.[25] Such applicants must by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable agricultural lands of the public domain,[26] under a bona fide claim of acquisition or ownership, since 12 June 1945,[27] except when prevented by war or force majeure, shall be conclusively presumed to have performed all the conditions essential to a Government grant.[28] At present, such applications for judicial confirmation of imperfect or incomplete titles must be filed prior to 31 December 2020; and must cover an area of up to 12 hectares only.[29] | |||||
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2007-04-27 |
QUISUMBING, J. |
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| On the first issue, C.A. No. 141, as amended, provides that lands of the public domain may be classified by the President, upon the recommendation of the Secretary of Environment and Natural Resources, into: (1) alienable or disposable; (2) timber; and (3) mineral lands.[13] However, only alienable or disposable lands may be disposed of through any of the forms of concession enumerated in the law.[14] A free patent is one of such concessions[15] and once it is registered and the corresponding certificate of title issued, the land covered by them ceases to be part of the public domain and becomes private property.[16] | |||||
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2005-11-11 |
CALLEJO, SR., J. |
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| (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. Applicants for registration of title must therefore prove the following: (a) that the land forms part of the disposable and alienable lands of the public domain; and (b) that they have been in open, continuous, exclusive, and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial, or since June 12, 1945. It is not disputed that the land sought to be registered was originally part of the reclamation project undertaken by the Municipality of Masinloc, Zambales. The prevailing rule is that reclaimed disposable lands of the public domain may only be leased and not sold to private parties. These lands remained sui generis, as the only alienable or disposable lands of the public domain which the government could not sell to private parties except if the legislature passes a law authorizing such sale. Reclaimed lands retain their inherent potential as areas for public use or public service.[24] The ownership of lands reclaimed from foreshore areas is rooted in the Regalian doctrine, which declares that all lands and waters of the public domain belong to the State.[25] On November 7, 1936, the National Assembly approved Commonwealth Act No. 141, also known as the Public Land Act, compiling all the existing laws on lands of the public domain. This remains to this day the existing and applicable general law governing the classification and disposition of lands of the public domain. The State policy prohibiting the sale of government reclaimed, foreshore and marshy alienable lands of the public domain to private individuals continued under the 1935 Constitution. | |||||
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2003-05-06 |
CARPIO, J. |
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| Admittedly, our public land laws classify reclaimed lands as alienable lands of the public domain.[39] Under such taxonomy, the real estate would fall within the prohibition against ownership by private corporations under Secs. 2 and 3, Art. XII, of the Constitution. Under the public land laws, the mode of disposing them is mainly through lease, or if titled in the name of a government entity, by sale but only to individual persons. But herein lies the rub - the nomenclature attached to reclaimed lands as belonging to the public domain is statutory in origin. This means, and ought to import, that the category may change according to legislative intent. The power to make laws includes the power to alter and repeal them. Nothing sacrosanct like a constitutional injunction exists that reclaimed lands be always classified as lands of the public domain; the class is statutory in foundation and so it may change accordingly, as it was modified for purposes of the mandate of the Public Estates Authority. | |||||
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2000-11-20 |
PARDO, J. |
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| Under the public land act, judicial confirmation of imperfect title required possession en concepto de dueño since time immemorial, or since July 26, 1894.[10] Under C.A. No. 141, this requirement was retained.[11] 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.[12] On January 25, 1977, the President enacted P. D. No. 1073,[13] 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 predecessor-in-interest under a bona fide claim of acquisition of ownership, since June 12, 1945."[14] | |||||