Republic v. Go

G.R. No. 197297 · 2017-08-02 · J. LEONEN, J.: · Civil Law

REITERATION

Facts

The Antecedents: In 1945, Anselmo de Torres, then 7 years old (born April 21, 1938), allegedly learned from his parents, Spouses Andres de Torres and Sergia Almero, that they owned 3,994 sq.m. Lot No. 4699 in Barangay Balagtas, Batangas City, inherited by Sergia from her parents Spouses Celodonio and Eufemia Almero; the de Torres spouses planted bananas, mangoes, calamansi, and rice thereon and paid taxes, though no documents proved this. In the 1960s, after their parents' death, Anselmo and siblings (Bernardo, Leonila, Cristina) inherited Lot No. 4699; Cristina built a house on the 1,000 sq.m. Lot No. 4699-B (subdivision under Plan Csd-04-022290-D) and declared it under Tax Dec. No. 026-03492, while Anselmo (age 28) occupied the eastern portion from 1966. No fences, improvements, or tax payments from 1945 were documented for the whole lot; inheritance proof was unavailable as records allegedly burned. On January 26, 2000, Spouses Danilo and Amorlina Go bought Lot No. 4699-B from the siblings via Deed of Absolute Sale; they registered it for taxes (Tax Dec. No. 026-04167, paying 1997-2006 including arrears), built San Sebastian Funeral Homes, possessed openly for 7 years, claiming no other claimants. They applied for registration on August 26, 2006, attaching CENRO Report (Jan. 31, 2007 by Ben Hur Hernandez) and Certification (Jan. 29, 2008 by Loida Maglinao) stating alienable since March 26, 1928 per Project No. 13, LCM No. 718, no prior patent. Procedural History: Republic opposed on November 3, 2006, claiming public domain, insufficient possession since 1945, recent taxes inadequate. MTCC Branch 2, Batangas City (Dec. 12, 2008, LRC No. 2006-162, Judge Bathan) granted registration to Spouses Go, finding requisites met via testimony, taxes, CENRO certs. Republic appealed directly to CA (CA-G.R. CV No. 93000); CA Special 13th Div. (Jan. 21, 2011, J. Villamor) affirmed, deeming CENRO cert conclusive; MR denied (June 6, 2011). Republic petitioned SC; SC required Spouses Go's compliance with DENR Sec issuance (Aug. 15, 2011), noted but rejected CENRO re-submission (Nov. 14, 2011), issued show-cause to counsel (June 20, 2012; Sept. 24, 2012), Spouses Go dispensed with Comment (Aug. 15, 2013). The Petition: Republic argued: (a) possession inadequate—1960s starts, no inheritance docs, single recent taxes; (b) CENRO cert invalid as Maglinao testified verifying only 200 sq.m. monuments per plan, not alienability or full map; no certified DENR Sec-approved classification copy; CENRO insufficient per jurisprudence.

Issue(s)

Whether Spouses Go proved open, continuous, exclusive, notorious possession under bona fide ownership since June 12, 1945, tacking predecessors. Whether Lot No. 4699-B was sufficiently proven alienable and disposable via CENRO certification alone.

Ruling

The Petition is GRANTED. CA Decision (Jan. 21, 2011) and Resolution (June 6, 2011) in CA-G.R. CV No. 93000, affirming MTCC Decision (Dec. 12, 2008), REVERSED and SET ASIDE. Spouses Go's application for registration of Lot No. 4699-B DENIED for lack of merit.

Ratio Decidendi

On Possession Since June 12, 1945: Under CA 141, s. 48(b) as amended by PD 1073 and PD 1529, s. 14(1), applicants must prove open, continuous, exclusive, notorious possession of public agricultural land under bona fide ownership claim since June 12, 1945 (reckoning fixed by Congress, immaterial to classification per Heirs of Malabanan v. Republic, 717 Phil. 141, 165 [2013, En Banc]), tacking predecessors via concrete evidence, not bare testimony. Spouses Go's evidence—Anselmo's testimony (1945 knowledge at age 7, parents' planting/taxes unproven), Cristina's post-1960s house/Tax Dec. 026-03492, their 2000 purchase/2006 Tax Dec. 026-04167 (paying 1997-2006 arrears), funeral home—fails: no 1945 tax dec (required per Republic v. Manna Properties, 490 Phil. 654, 668 [2005], specifying issuance date/month to meet cut-off), no fences/improvements pre-1945 on 3,994 sq.m. Lot 4699, 1960s/1966 occupations post-15 years after 1945, no siblings' tax payments proof, burned records excuse invalid without originals. Tax payments indicia possession (Republic v. Gielczyk, 720 Phil. 385, 397 [2013]) but recent/single declarations inadequate; judicial legalization under CA 141, s. 11(4)(a) demands full compliance, unmet here. On Alienability Proof: Constitution Art. XII, ss. 2-3 limits alienation to agricultural public lands; applicant bears burden of positive Executive act declassifying via DENR Secretary approval (exclusive per Heirs of Malabanan, 717 Phil. at 162), evidenced by certified true copy of original classification map/issuance (Rules of Court, Rule 132, s. 19[a]; Victoria v. Republic, 666 Phil. 519, 525 [2011]; Republic v. T.A.N. Properties, 578 Phil. 441, 452-453 [2008]), with CENRO verifying survey location only (DENR AO 1998-24, s. X[1]; AO 2000-11, s. IX[1]). CENRO Cert (Jan. 29, 2008, Maglinao) stating alienable since 1928 (Project 13, LCM 718) insufficient alone (Republic v. Lualhati, 757 Phil. 119, 131 [2015]; Republic v. Hanover, 636 Phil. 739, 752 [2010]; Republic v. Vda. de Joson, 728 Phil. 550, 562 [2014]), especially as Maglinao testified certifying only monuments/200 sq.m. per plan, not character. Spouses Go failed SC-required DENR Sec copy despite opportunities; thus, land inalienable, registration denied (Republic v. Vega, 654 Phil. 511, 521 [2011]).

Main Doctrine

Public lands remain inalienable unless reclassified as alienable and disposable agricultural land by positive Executive act, specifically DENR Secretary approval of classification, evidenced by certified true copy of the original map or issuance, with CENRO certification verifying only location within such zone via survey and insufficient alone. Applicants for judicial confirmation of imperfect title under CA 141, s. 48(b) must prove open, continuous, exclusive, notorious possession under bona fide ownership claim since June 12, 1945 (or earlier), tacking predecessors' possession with concrete evidence like pre-1945 tax declarations, improvements, or fences, not bare testimony or recent declarations covering arrears. Possession reckoning is fixed at June 12, 1945 per PD 1073 amendment, independent of classification date, which establishes eligibility but not title. Tax declarations infer possession only if dated precisely around 1945 to meet the statutory cut-off, as post-1945 issuances fail the test. Failure on either requisite—possession quantum/timing or alienability proof—results in denial, preserving State ownership under Constitution Art. XII, ss. 2-3.