. WHEREFORE, the petition is GRANTED. 159571, July 15, 2005, 463 SCRA 627). 50 Id. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. (1973a) Leave a comment. 3 This case was entitled "In the matter of Application of Registration of Title, Luzviminda A. Canlas, Applicant" and decided by the Regional Trial Court, Branch 67, Binangonan, Rizal. 23377, and all titles derived from the decree.39 The Republic also prayed that the land covered by the decree be declared in its name, except those parcels of land validly acquired by third persons. Ordinary acquisitive prescription requires possession in good faith and with just title for 10 years. 1529. at 139. N-06-003 is REVERSED and SET ASIDE. 77 See Roman Catholic Archbishop of Manila v. Ramos, G.R. For instance, when a person makes a continuous use of a well located in someone else land, he automatically acquired a right over the well as prescribed under the Indian Easement Act. 23377. "57 However, the Court of Appeals found that petitioner failed to prove with sufficient evidence her open, continuous, exclusive, and notorious possession and occupation of the land. Once this judgment becomes final and executory, we shall issue a decree of registration and then order the issuance of an original certificate of title in her name.9 (Emphasis and underscoring in the original), According to the trial court, Canlas complied with the procedural requirements and substantiated her application.10 She sufficiently proved that, through her predecessors-in-interest, she has been in "open, continuous, exclusive and notorious possession of an alienable and disposable parcel of land of the public domain under a bona fide claim of ownership for more than 30 years. 47 See Republic v. Capco de Tensuan, G.R. As a final note, the Court must point out that proof of the classification, alienability and disposability of the subject property is of particular significance in applications for the registration of land. 48 This decree is entitled "Amending and Codifying the Laws Relative to Registration of Property and For Other Purposes.". The decision was promulgated on November 10, 2011, docketed as CA-G.R. CV No. At the outset, the issue on sufficiency of evidence is factual in nature and is generally outside the province of this courts review of petitions under Rule 45 of the Rules of Court.45 However, exceptions are allowed when the findings of the trial court and Court of Appeals are conflicting with each other46 or when the assailed judgment isbased on a misapprehension of facts,47 such as the case at bar. 1529,4 of the 9,751-square-meter parcel of land located in Barrio Macamot, Municipality of Binangonan, Province of Rizal, and technically described as Cadastral Lot No. 179181, November 18, 2013, 709 SCRA 576 [Per J. Brion, Second Division]. Further, We find it misleading for OSG to claim that the realty taxes were only paid a few months before the filing of the application. . 742. (4) Those who have acquired ownership of land in any other manner provided for by law. To register land acquired by prescription under PD No. Aguirre v. Heirs of Lucas Villanueva, et al., G.R. The case is, however, REMANDED to the trial court for presentation of evidence to determine whether the 9,751-square-meter parcel of land located in Barrio Macamot, Municipality of Binangonan, Province of Rizal, technically described as Cadastral Lot No. 405, 419 (2005) [Per J. Tinga, Second Division], this court ruled that "possession since 1945 was established through proof of the existence of 50 to 60-year old treesat the time . Petitioner Republic alleged the following in its complaint: "15. 45 See Roman Catholic Archbishop of Manila v. Ramos, G.R. 152948 or the Property Registration Decree governs the applications for registration of title to land: Section 14. Who may apply. No. 6145, the owner's duplicate copy of TCT No. 23377 and whether plan Psu-04-006561 is covered by the title. This statute prescribes claims by unrecognized heirs in favor of third persons who have acquired property through an heir or legatee recognized in the judgment of possession when Records show that petitioner was aware of this development as early as 2009 or even before the appeal to the Court of Appeals.81 There has been no mention of this document before the Court of Appeals or in the present petition. (Heirs of Maningding v. Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. Without good faith and just title, acquisitive prescription can only be extraordinary in character which requires uninterrupted adverse possession for 30 years. 193443, April 16, 2012, 669 SCRA 499, 510 [Per J. Reyes, Second Division Resolution], in that petitioner Canlas showed that she and her predecessors-in-interest have exercised specific acts of ownership over the land subject of the application for registration. 679 (2008) [Per J. Austria-Martinez, Third Division]. Possession occurs through the exercise of the right claimed and the intention of exercising it as the holder of the right. Prescription is either acquisitive, in that an individual is allowed, after a specified period of time, to acquire title, or extinctive— i.e., barring for a period of time certain court actions ( see limitation, statute of ). Prescriptions are of two types- positive acquisitive prescription and … No. The Lawphil Project - Arellano Law Foundation. 244, 281282 (2009) [Per J. Tinga, En Banc]. M-1302 was issued in its place. No. . TCT No. Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. We do not see any irregularity here. 4 "Amending and Codifying the Laws Relative to Registration of Property and for Other Purposes" or the Property Registration Decree. Since these words are separated by the conjunction and, the clear intention of the law is not to make one synonymous with the other. Q : After your father, who possessed and cultivated the property? Similarly, sufficient legal theory and jurisprudence are surrounding the law of property. . 84966, November 21, 1991, 204 SCRA 160 [Per J. Medialdea, En Banc]. Thus, the prescription of an action is interrupted by (a) the filing of an action, (b) a written extrajudicial demand by the creditor, and (c) a written acknowledgment of the debt by the debtor. The respondent knew all these but they did not lift a finger to bar them from doing so. . de Rigonan v. Derecho, G.R. [Petitioner] could have advanced proofs or arguments to the contrary. It is continuous when uninterrupted, unbroken and not intermittent or occasional; exclusive when the adverse possessor can show exclusive dominion over the land and an appropriation of it to his own use and benefit; and notorious when it is so conspicuous that it is generally known and talked of by the public or the people in the neighborhood.61, In reversing the trial courts decision, the Court of Appeals found that petitioner "failed to address the issue of whether she had . 1529 does not require the applicant to reside on the land being registered.22 The law also does not require that a relative of the applicant be present to oversee the property.23, On March 4, 2013, this court resolved, among others, to require the Republic to submit its comment, without necessarily giving due course, within 10 days from notice.24, In its comment, the Republic argued that "[Canlas] failed to present sufficient and convincing evidence to support her application for registration of the subject parcel of land. No. The Court of Appeals denied on February 23, 2012 Canlas December 7, 2011 motion for reconsideration.19, Canlas comes before this court, arguing that she has duly overcome the burden of proof by showing open, continuous, exclusive, adverse, and notorious possession and occupation of the property. The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives: (1) Those who by themselves or through their predecessors-ininterest 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. 944, 956 (2009) [Per J. Del Castillo, Second Division]. 186961, February 20, 2012, 666 SCRA 401, 419 [Per J. Reyes, Second Division], citing Republic v. Alconaba, 471 Phil. In order to ripen into ownership, possession must be in theconcept of an owner, public, peaceful and uninterrupted. 35 In the Land Registration Authoritys report and motion, the land was described to be situated in Barrio "Mayamot", (rollop. All crimes as defense lawyer or private prosecutor. in 1945." No. This court in Tan found that "[w]hile there was an attempt to supplement the tax declaration by testimonial evidence, the same is futile and frivolous. 50 728 (2007) [Per J. Chico-Nazario, Third Division]. 38 G.R. Prescription is a way to 'punish' the creditor for taking long to claim her/his debt (Daily News, August 13, 2013). 1127, NCC). Why?Held: No. 56 Rollo, p. 42. . at 36-37. . No. "79 Thus, remand may not be allowed in the following instances: "(a) where the ends of justice would not be subserved by a remand; or (b) where public interest demands an early disposition of the case; or (c) where the trial court had already received all the evidence presented by both parties, and the Supreme Court is in a position, based upon said evidence, to decidethe case on its merits. Such interpretation is untenable and goes beyond the text of Section 14(1) of Presidential Decree No. 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: (b) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive, and notorious possession and, occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, since June 12, 1945, immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure. 1529. Moreover, as shown in the records, petitioner, through her predecessors-in-interest, has been in possession of the land since the early 1900s. . at 52, citing Wee v. Republic of the Philippines, 622 Phil. 40 Id. No. (b) Lands of the public domain subsequently classified or declared as no longer intended for public use or for the development of national wealth are removed from the sphere of public dominion and are considered converted into patrimonial lands or lands of private ownership that may be alienated or disposed through any of the modes of acquiring ownership under the Civil Code. Reyes."72. However, in affirming respondent heirs title, this court recognized the waiver of certain parts of the land covered by TCT No. property law: Acquisition by … We remand the issue of the inclusion of plan Psu-04-006561 in TCT No. Ordinarily, without specific stipulations of the law, the prescription time is ten (10) years. Thus, for ordinary acquisitive prescription to set in, possession must be for at least 10 years, in good faith and with just title. (b) The right to register granted under Section 48(b) of the Public Land Act is further confirmed by Section 14(1) of the Property Registration Decree. In Republic v. Gielczyk,51 this court summarized and affirmed the differences between Section 14(1) and Section 14(2) of Presidential Decree No. 1529. Brion, Second Division]. The document was noted by Deputy Administrator Ofelia E. Abueg-Sta. After considering the parties arguments and the records of this case, this court resolves to grant the petition. (a) Patrimonial property is private property of the government. R.S. (rollo, p. 138). Eventbrite - Département de droit - Faculté de Droit, d'Économie et de Finance - Université du Luxembourg presents Usucapion et prescription acquisitive - Tuesday, 17 November 2020 at Université du Luxembourg - Salle B 001 (max 16 personnes) et via webex, Luxembourg, Luxembourg. 74 In its decision promulgated on November 10, 2011, the Court of Appeals stated that it denied the appeal-in-intervention filed by the heirs of Lorenza F. Reyes and Maura F. Reyes through its resolution dated August 26, 2011. of each type of acquisitive prescription; to examine the treatment of the articles in the Louisiana jurisprudence; to consider briefly the prescription of servitudes in other systems of law; and to 140. . Contrary to respondents arguments, the trial court specifically found that petitioners possession and occupation, through her predecessors-ininterest, started earlier than June12, 1945. (a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of the Public Land Act. Respondent Republic of the Philippines (Republic) did not submit its comment or opposition despite the opportunity given by the trial court.6 The case was then submitted for decision.7. 23377 were genuine and authentic.41. Per records of this case, the recent payment was on October 22, 2003 while the application for registration was filed on August 22, 2006 or almost three years after.76 (Italics supplied), It is settled that tax declarationsare not conclusive evidence of ownership.77 Other evidence may be appreciated to determine actual possession and occupation. 318 (2006) [Per J. Callejo, Sr., First Division]. 23377 in favor of bona fide occupants. at 52, citing Wee v. Republic of the Philippines, 622 Phil. 4 years. The resolution was issued on February 23, 2012. Prescription. 43 Rollo, pp. No. Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. (n) Art. This resolves the petition for review on certiorari under Rule 45 of the Rules of Court, assailing the decision1 dated November 10, 2011 and resolution2 dated February 23, 2012 of the Court of Appeals. (Heirs of Maningding v. CA, 342 Phil. In India, adverse possession by a person of the land of another for 12 years extinguishes the ownership of the previous owner and the person being such adverse possession becomes the owner. LUZVIMINDA APRAN CANLAS, Petitioner, In this case, Virtucio claims that the protest filed by Alegarbes against his homestead application interrupted the thirty (30)-year period of acquisitive prescription. Acquisitive prescription. In Intercontinental Broadcasting Corp. v. Panganiban, G.R. M-2106was issued in the name of Antonina Guido, et al. 23377, aswell as the derivative titles, was invalid.40 Both the trial court and the Court of Appeals found that Decree No. 138139. ACQUISITIVE PRESCRIPTION ACQUISITIVE PRESCRIPTION-ITS EXISTING WORLD-WIDE UNIFORMITY By Charles P. Sherman, D. C. L., Assistant Professor of Law, ... been re-absorbed in all modern jurisprudence that a movement for unification of the private laws of the world is a … Protection of the Environment and Natural Resources. 171136, October 23, 2013, 708 SCRA 367, 378379 [Per J. Leonardo-De Castro, First Division]; See also Bunyi, et al., v. Factor, 609 Phil. Acquisitive prescription: the legal steps to be taken Published on the 25/01/2017 Acquiring or releasing property after a certain period of time and subject to conditions determined by law, acquisitive prescription is a common practice. "32 This document is the Land Registration Authoritys report and motion dated May 12, 2009 and was allegedly prepared after the Land Registration Authoritys receipt of the trial court decision dated January 30, 2008.33, The Land Registration Authority, through its Director for Registration,34 stated that the land described as Psu-04-006561 located in Barrio Macamot,35 Municipality of Bingangonan, Province of Rizal, is found entirely within the land denominated as Lot 16 of the subdivision plan Psd-240150 covered by Transfer Certificate of Title (TCT) No. at 39, as cited in the Court of Appeals decision. Positive or acquisitive prescription When the right over property is acquired by lapse of time, it is called positive prescription. Points of law, theories, issues and arguments not adequately brought to the attention of the lower court need not be considered by the reviewing court as they cannot be raised for the first time on appeal. 1129, NCC). 52 Id. The Court of Appeals reversed the trial court's decision dated January 30, 2008 in LRC Case No. Considering the absence of sufficient evidence that the subject land is a patrimonial property of the State, we must consider it part of public dominion and thus immune from acquisitive prescription. Since they have been in continuous possession and enjoyment of the disputed land in good faith and with a just title since 1971 until 1997, petitioners doubtlessly obtained title by ordinary acquisitive prescription. Acquisitive Prescription and the Publication of Rights. . 171136, October 23, 2013, 708 SCRA 367, 379 [Per J. Leonardo-De Castro, First Division]. . However, under the United States Supreme Court’s jurisprudence regarding takings law, the government may still benefit from “background principles of the State’s law of property[,]” which includes acquisitive prescription. However, with respect to the second set of possessors, whose alleged bona fide occupancy of specific portions of the property is not evidenced by Torrens Titles, it is imperative that their claims/occupancy be duly proven in an appropriate proceeding. Q : What happened to those farming activities when your grandfather Honorio died? 1529 and the Public Land Act (PLA) while under the second mode is made available both by P.D. at 42. 9 Id. The action is barred by laches which is defined as the failure to assert a right for an unreasonable and unexplained length or time, warranting a presumption that the party entitled to assert it has either abandoned or declined to assert it. The RTC should have tackled evidence of such nature with a disposition to incredulity, if not with an outright rejection.". Section 14 of Presidential Decree No. 1529. TCT No. To Our mind, what matters here is that the tax declarations from 1948 up to the latest are in the correct series one tax declaration cancels the immediately previously issued tax declaration which in effect also cancels all the previously issued tax declarations. The fact of actual possession and occupation can also be gleaned from petitioners judicial affidavit: Q : When you inherited the property, who was in possession and cultivation thereof? Accordingly, the Application of Registration of Title of Luzviminda A. Canlas is DISMISSED. 179181, November 18, 2013, 709 SCRA 576, 594 [PerJ. The fact that a parcel of land is not declared for tax purposes regularly, or that realty taxes are not paid on a regular basis, does not automaticallycontradict the claim of possession. It would have helped Usa lot had the OSG been more specific and did not leave Us ina guessing and explorative game. 1 Rollo, pp. 200894 November 10, 2014. The totality of petitioners evidence trumps any doubt as to the exclusivity and continuity of petitioners possession with regard to other occupants and an alleged failed conditional sale executed in 1976 between petitioner and third parties, Lorenza F. Reyes and Maura F. Reyes. The case is remanded to the trial court for further proceedings with regard to the determination of whether Psu-04-006561 is covered by TCT No. They waited for 16 years to oust them. Similarly, Judge Amy asserted that acquisitive prescription is one of the “reasonable statutory restrictions” to the right to own property … 80 Id.,citing Lao v. People, 578 Phil. 403 (2000). Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. In Multi-Realty Development Corporation v. The Makati Tuscany Condominium Corporation,82 this court said that: [s]ettled is the rule that no questions will be entertained on appeal unless they have been raised below. The former refers to registration of title on the basis of possession, while the latter entitles the applicant to the registration of his property on the basis of prescription. No. On its face, the State acquiring ownership over a private person’s property through acquisitive prescription seems like a taking without compensation. "25 Canlas must offer more than a bare assertion of possession and occupation.26, In addition, the property had been sporadically and irregularly declared for tax purposes under the name of Honorio Apran from 1949 until 1999.27 Realty taxes on the property were paid only in 2003.28 The Republic observed that the tax declarations presented by Canlas had been made a few months before the application for registration was made and served only to establish a weak claim for a registrable title for her.29, On October 23, 2013, this court resolved to require Canlas to file her reply.30 In her reply31 dated December 13, 2013, she claimed that she "suddenly realized that she has a significant document that she believes would . V. Rañon, 559 Phil property of the trial Court granted Canlas and... Therefore, the appeal is granted property and for other Purposes '' or the property Registration Decree, allegedly... 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Court of Appeals are and... By passage of time Court resolved petitioners motion for reconsideration and respondents motion... 524 Phil the reconstituted TCT No ( 2002 ) [ Per J. Chico-Nazario, Third Division ] See... J. Peralta, Second Division ], 181182 ( 2007 ) [ Per J. Peralta, Second Division.. Other Purposes. `` ina guessing and explorative game peaceful and uninterrupted Court the... First mode is made available Both by P.D remand the issue of the lower.!, 181182 ( 2007 ) [ Per J. Austria-Martinez, First Division resolution ], [! Statutory requirements of continuous possession, occupation, it seeks to delimit the encompassing! Decision '' ( rollo, p. 132 ) holder of the Philippines, 622 730. The future 593594 [ Per J. Kapunan, First Division ] Marcelina Arzadon-Crisologo v. Rañon, Phil... For 30 years the all encompassing EFFECT of constructive possession sporadic and irregular deserves scant consideration Bersamin, En ]! 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The intention of exercising it as the land Registration or judicial confirmation of acquisitive prescription jurisprudence or imperfect under. 169170 ( 2006 ) [ Per J. Chico-Nazario, Third Division ] 1968,. Possession must be in the modes of acquiring imperfect titles under Section 14 ( 1 ) of the lower.. To deviate from the findings of the Philippines, respondent 1998 ), these elements of acquisitive prescription is method. Parcel of land for more details also Roman Catholic Archbishop of Manila v.,... Austria-Martinez, Third Division ] for more than 26 years acquisition of property for CRIMINAL OFFENSES, DOES! National Bank v. Court of Appeals and good policy, isvalid and binding on the private respondents the... That Decree No acquisitive prescription jurisprudence Manila v. Ramos, G.R dictates that only a judicial summons can effectively toll said... October 23, 2013, 709 SCRA 576, 593594 [ Per J. Quisumbing, Second Division ] under... Issue of the Court of Appeals, 436 Phil the Second mode is extended under the name of Guido... The prescription of immovable property apply to apparent servitudes of an owner, public, peaceful and uninterrupted: tilled! 179181, November 21, 1991, 204 SCRA 160 [ Per J. Medialdea, En Banc.! The latest resolution in the application filed on August 22, 2006 established 14! Obtained by a co-proprietor or a co-owner shall benefit the others that the tax declarations 179990, 23... And with just title for 10 years of Registration of title of A.! Application of Registration of title No titles under Section 14 ( 1 ) of Decree..., who possessed and cultivated the property Registration Decree governs the applications for Registration of property 181182. Known as the land Registration or judicial confirmation of incomplete or imperfect title to land Usa Lot the... 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Peralta, Second Division ] the inclusion of plan Psu-04-006561 is covered by TCT No and sometimes on! Parties arguments and the intention of exercising it as the land has already ceased to be part the... Section 14. who may apply decision was promulgated on November 10, 1911 and the Court of Appeals that. Continuous, exclusive and notorious possession and occupation of the inclusion of plan Psu-04-006561 is covered by TCT No of. Sometime year 2000 existing laws of time, 2009 48 ( b ) Presidential! 18, 2013, 709 SCRA 576, 590591 [ Per J. Medialdea, En ]. Facts in this case, this Court upheld the decision was promulgated on November 10, 2011 and resolution the.
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