Republic v. Tri-Plus Corporation, G.R. No. 150000, September 26, 2006

Facts:

Tri-Plus alleged that it is the owner in fee simple of the subject parcels of land, including the improvements thereon, having acquired the same through purchase; and that it is in actual, continuous, public, notorious, exclusive and peaceful possession of the subject properties in the concept of an owner for more than 30 years, including that of its predecessors-in-interest.

On September 4, 1997, the trial court received an Opposition to the Application for Registration filed by the Republic of the Philippines through the Office of the Solicitor General (OSG) on the grounds that neither the applicant nor its predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the land in question since June 12, 1945 or prior thereto; that the muniments of title submitted by the applicant which consists, among others, of tax declarations and receipts of tax payments, do not constitute competent and sufficient evidence of a bona fide acquisition of the land applied for or of its open, continuous, exclusive and notorious possession and occupation thereof in the concept of owner since June 12, 1945 or prior thereto.

MTC Ruling:

The totality of the evidence, both documentary and testimonial, of the applicant clearly shows that it and its predecessors-in-interest had been in actual, public, exclusive and continuous possession in concept of owner of the parcels of land above-mentioned for no less than thirty (30) years prior to the filing of the instant petition for registration of its imperfect title. 

CA Ruling:

The CA rendered the presently assailed Decision finding no reversible error in the appealed judgment, thereby, affirming the same.

Petitioner contends that since the applicant failed to discharge the burden of proving that the subject properties are alienable and disposable, there is no basis for the CA to rule that these properties are private lands.

Issue:

WON the assailed land is a private land?

Ruling:

No, the assailed land is not a private land.

Section 6 of Commonwealth Act No. 141, as amended, provides that the classification and reclassification of public lands into alienable or disposable, mineral or forest land is the prerogative of the Executive Department. Under the Regalian doctrine, which is embodied in our Constitution, all lands of the public domain belong to the State, which is the source of any asserted right to any ownership of land. All lands not appearing to be clearly within private ownership are presumed to belong to the State. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain.

Applicants for confirmation of imperfect title must prove the following: (a) that the land forms part of the alienable and disposable agricultural 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.

In the present case, the Court finds merit in petitioner's contention that respondent failed to prove the first requirement that the properties sought to be titled forms part of the alienable and disposable agricultural lands of the public domain. Respondents failed to submit a certification from the proper government agency to prove that the lands subject for registration are indeed alienable and disposable. As to the second requirement, respondent and its predecessors-in-interest failed to prove that they had been in open, continuous, exclusive and notorious possession of the subject properties under a bona fide claim of ownership since June 12, 1945 or earlier, as required by law.

Hence, the assailed land is not a private land.