Republic v. Malijan-Javier
REITERATIONFacts
The Antecedents: Laureana Malijan-Javier and Iden Malijan-Javier (respondents) filed an application for registration of title over Lot No. 1591, Cad. 729, Talisay Cadastre, with an area of 9,629 square meters, situated in Barangay Tranca, Talisay, Batangas. The Republic of the Philippines (petitioner) opposed the application, arguing that the applicants and their predecessors-in-interest had not been in open, continuous, exclusive, and notorious possession since June 12, 1945, that the tax declarations were insufficient evidence of bona fide acquisition, and that the land was of the public domain and not subject to private appropriation. Procedural History: The Municipal Circuit Trial Court (MCTC) of Talisay-Laurel, Batangas, granted the application, adjudicating the land in favor of respondents. The MCTC found that respondents and their predecessors-in-interest had been in open, continuous, exclusive, and notorious possession in the concept of owners even prior to June 12, 1945, and that the land was alienable and disposable since September 10, 1997. The Court of Appeals (CA) affirmed the MCTC's decision, ruling that there was substantial compliance with the requirement of proving alienability and disposability, citing the testimonies of DENR officials and an annotation on the survey plan. The Petition: The Republic filed a Petition for Review on Certiorari before the Supreme Court, arguing that the CA erred in affirming the MCTC's decision. Petitioner contended that respondents failed to present the required DENR Secretary's approval for the land classification and that a CENRO certification was insufficient. Petitioner also argued that respondents failed to prove the required possession and occupation under a bona fide claim of ownership since June 12, 1945, or earlier.
Issue(s)
Whether the respondents sufficiently proved that the land subject of the application is alienable and disposable. Whether the respondents sufficiently proved that they and their predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation of the land under a bona fide claim of ownership since June 12, 1945, or earlier.
Ruling
The petition is GRANTED. The Court of Appeals' Decision is REVERSED and SET ASIDE. Laureana Malijan-Javier and Iden Malijan-Javier's application for registration of Lot No. 1591, Cad. 729, Talisay Cadastre is DENIED for lack of merit.
Ratio Decidendi
On the issue of whether the respondents sufficiently proved that the land subject of the application is alienable and disposable: The Supreme Court held that to establish that the land sought to be registered is alienable and disposable, applicants must present a copy of the original classification approved by the Department of Environment and Natural Resources (DENR) Secretary and certified as a true copy by the legal custodian of the official records. The Court reiterated its ruling in Republic v. T.A.N. Properties and Republic v. Lualhati, emphasizing that certifications issued by the CENRO or PENRO, or survey plans containing annotations, do not constitute incontrovertible evidence to overcome the presumption that property sought to be registered belongs to the inalienable public domain. The DENR Secretary is the official authorized to approve land classification and release of land from the public domain. While respondents presented a CENRO certification, a DENR-CENRO report, and a survey plan, these were deemed insufficient without the DENR Secretary's issuance. Therefore, the land remained part of the public domain. On the issue of whether the respondents sufficiently proved that they and their predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation of the land under a bona fide claim of ownership since June 12, 1945, or earlier: Even assuming that respondents had sufficiently proven their possession and that of their predecessors-in-interest since June 12, 1945, or earlier, this fact alone is not sufficient to grant the application for land registration. Presidential Decree No. 1529, Section 14(1), requires that the land must first be established as alienable and disposable. The Court noted that the applicants' acts of fencing and planting occurred only after they purchased the property in 1985. While testimonial evidence from Banawa supported claims of earlier possession, the primary requirement of proving the land's alienability and disposability was not met. Consequently, the failure to establish the land as alienable and disposable rendered the possession claims moot for the purpose of original registration under Section 14(1).
Main Doctrine
To establish that land sought to be registered is alienable and disposable, applicants must present a copy of the original classification approved by the Department of Environment and Natural Resources (DENR) Secretary and certified as a true copy by the legal custodian of the official records. A CENRO or PENRO certification alone is insufficient.