This case has been cited 6 times or more.
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2014-03-05 |
BRION, J. |
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| Mere notations appearing in survey plans are inadequate proof of the covered properties' alienable and disposable character.[25] These notations, at the very least, only establish that the land subject of the application for registration falls within the approved alienable and disposable area per verification through survey by the proper government office. The applicant, however, must also present a copy of the original classification of the land into alienable and disposable land, as declared by the DENR Secretary or as proclaimed by the President.[26] In Republic v. Heirs of Juan Fabio,[27] the Court ruled that | |||||
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2013-11-20 |
MENDOZA, J. |
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| Another recent case, Diaz v. Republic,[75] also held that possession even for more than 30 years cannot ripen into ownership.[76] Possession is of no moment if applicants fail to sufficiently and satisfactorily show that the subject lands over which an application was applied for was indeed an alienable and disposable agricultural land of the public domain. It would not matter even if they declared it for tax purposes. In Republic v. Heirs of Juan Fabio,[77] the rule was reiterated. Thus: Well-entrenched is the rule that unless a land is reclassified and declared alienable and disposable, occupation in the concept of an owner, no matter how long, cannot ripen into ownership and be registered as a title. Consequently, respondents could not have occupied the Lot in the concept of an owner in 1947 and subsequent years when respondents declared the Lot for taxation purposes, or even earlier when respondents' predecessors-in-interest possessed the Lot, because the Lot was considered inalienable from the time of its declaration as a military reservation in 1904. Therefore, respondents failed to prove, by clear and convincing evidence, that the Lot is alienable and disposable. Public lands not shown to have been classified as alienable and disposable land remain part of the inalienable public domain. In view of the lack of sufficient evidence showing that the Lot was already classified as alienable and disposable, the Lot applied for by respondents is inalienable land of the public domain, not subject to registration under Section 14(1) of PD 1529 and Section 48(b) of CA 141, as amended by PD 1073. Hence, there is no need to discuss the other requisites dealing with respondents' occupation and possession of the Lot in the concept of an owner. While it is an acknowledged policy of the State to promote the distribution of alienable public lands to spur economic growth and in line with the ideal of social justice, the law imposes stringent safeguards upon the grant of such resources lest they fall into the wrong hands to the prejudice of the national patrimony. We must not, therefore, relax the stringent safeguards relative to the registration of imperfect titles. [Emphases Supplied] | |||||
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2012-10-04 |
LEONARDO-DE CASTRO, J. |
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| Going to the merits of the case, this Court agrees with the petitioner that the respondents failed to prove in accordance with law that the subject property is within the alienable and disposable portion of the public domain. The Public Land Act or Commonwealth Act No. 141, until this day, is the existing general law governing the classification and disposition of lands of the public domain, except for timber and mineral lands. "Under the Regalian doctrine embodied in our Constitution, land that has not been acquired from the government, either by purchase, grant, or any other mode recognized by law, belongs to the State as part of the public domain."[74] Thus, it is indispensable for a person claiming title to a public land to show that his title was acquired through such means.[75] | |||||
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2012-07-18 |
REYES, J. |
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| However, while such blueprint copy of the survey plan may be offered as evidence of the identity, location and the boundaries of the property applied for, the notation therein may not be admitted as evidence of alienability and disposability. In Republic v. Heirs of Juan Fabio,[34] this Court enumerated the documents that are deemed relevant and sufficient to prove that the property is already outside the inalienable public domain as follows: In Republic v. T.A.N. Properties, Inc., we ruled that it is not enough for the Provincial Environment and Natural Resources Office (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 must present a copy of the original classification of the land into alienable and disposable, as declared by the DENR Secretary, or as proclaimed by the President. Such copy of the DENR Secretary's declaration or the President's proclamation must be certified as a true copy by the legal custodian of such official record. These facts must be established to prove that the land is alienable and disposable.[35] (Citation omitted) | |||||
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2011-06-08 |
ABAD, J. |
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| To prove that the land subject of the application for registration is alienable, an applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or statute.[9] The applicant may secure a certification from the government that the lands applied for are alienable and disposable, but the certification must show that the DENR Secretary had approved the land classification and released the land of the pubic 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.[10] The applicant must also present a copy of the original classification of the land into alienable and disposable, as declared by the DENR Secretary or as proclaimed by the President.[11] | |||||
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2011-01-17 |
SERENO, J. |
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| Unless a land is reclassified and declared alienable and disposable, occupation of the same in the concept of an owner - no matter how long -cannot ripen into ownership and result in a title; public lands not shown to have been classified as alienable and disposable lands remain part of the inalienable domain and cannot confer ownership or possessory rights.[13] | |||||