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Republic of the Philippines SUPREME COURT Manila !RST D!"!S!#$ G.R. No. 175177 October 24, 2012

REPUBLIC OF THE PHILIPPINES, Petitioner, %s& GLORI ! R L"E #$b#t%t$te& b' L N !ESS ! R L"E (OCUMENTO, !R., E(G R(O ! R L"E, SER FIN U), !R., SHELL U), NIMF L GN ( , P NT LEON S ) * NG, ST RG L ( INTERN TION L N( (E"ELOPMENT CORPOR TION, NNIE T N, TEOTIMO C B RRUBI S, !ESSIC ( CL N, M . EMM R M S, ( NILO (EEN, +,& ERIC NTHON) (EEN. Respondents& D'(!S!#$ LEON R(O*(E C STRO, J.: This is a Petition for Re%ie) on (ertiorari1 assailin* the +une 2,, 200- Decision2 and #ctober 27, 200- Resolution3 of the (ourt of .ppeals in (./0&R& (" $o& 7,-33, )hich affirmed the $o%ember 11, 2002 Decision 2 of the Re*ional Trial (ourt 3RT(4, 5ranch 20, (ebu (ity, in 6and Re*istration (ase $o& 1221/$76R. Rec& $o& $/-7272& #n #ctober 22, 188-, 0loria +aral%e,1 'd*ardo +aral%e, Serafin 9y, +r&, Shella 9y, $imfa 6a*nada, Pantaleon Saya/.n*, Star*lad !nternational and De%elopment (orporation, .nnie Tan, Teotimo (abarrubias, +essica Daclan, and Ma& 'mma Ramas filed an .pplication- )ith 5ranch 20 of the RT( of (ebu (ity, for the re*istration in their names of 6ot S*s/07/000307 3sub:ect property4, under Presidential Decree $o& 1128& #n $o%ember 28, 188- and $o%ember 7, 1887, they filed their .mended 7 and Second .mended, .pplications, respecti%ely, to conform to the procedural re;uirements of the la), as per #rder 8 of the RT(, and to :oin Danilo Deen and 'ric .nthony Deen as applicants 10 3for bre%ity, )e )ill refer to all the fore*oin* applicants as respondents4& This )as doc<eted as 6R( (ase $o& 1221/$76R. Rec& $o& $/-7272& !n their ori*inal and amended applications, respondents declared that they )ere the co/o)ners in fee simple of the sub:ect property, a parcel of land )ith an area of 731,3,0 s;uare meters, belon*in* to (adastral 6ot 1,180, and situated in 5aran*ay =uiot, (ity of (ebu, and all the impro%ements thereon& They alle*ed that they occupied the sub:ect property and to the best of their <no)led*e, there )as no mort*a*e or encumbrance affectin* it, and no one )as in possession thereof& 11 Respondents further a%erred that the sub:ect property )as not co%ered by any certificate of title or any pendin* case before the RT( of (ebu (ity&12 Respondents also identified the names and complete postal addresses of the o)ners of the ad:oinin* lots& 13 The respondents claimed that they had ac;uired o)nership o%er the sub:ect property by )ay of purchase from predecessors/in/ interest )ho had been in continuous, open, ad%erse, public, uninterrupted, e>clusi%e, and notorious possession thereof for more than thirty 3304 years, or from +une 12, 1821& 12 !n support of their application, respondents submitted the follo)in*?

1& Sepia Plan@11 2& 5lue Print (opy of Sur%ey Plan@13& Technical Description of S0S/07/000307@17 2& 0eodetic 'n*ineerAs (ertificate 3of the sur%ey of the sub:ect property4@ 1, 1& (ertificate of (ommunity 'n%ironment and $atural Resources #ffice 3('$R#4 dated March 20, 188-, si*ned by ('$R and Pro%incial 'n%ironmental and $atural Resources 3P'$R4 #fficers 3('$R# (ertificate4 that the sub:ect property is )ithin the alienable and disposable portion of 6ot 1,180@ 18 -& Deeds of Sale@20 7& Ta> (learances@21 and ,& Department of 'n%ironment and $atural Resources 3D'$R4, Re*ion 7 (ertification that sub:ect property is not co%ered by any subsistin* land application& 22 The respondentsA application )as opposed by the follo)in* parties? 1& 0ertrudes $& Tabanas/Sin*son, 6ourdes $& Tabanas, rancisco $& Tabanas, "icente $& Tabanas, Beirs of 'nri;ue $& Tabanas, Beirs of Mercedes $& Tabanas/Ra*anas, and Beirs of Primiti%a $& Tabanas/$adera, )ho claimed that they o)ned portions of the sub:ect property, containin* an area of 20-,,10 s;uare meters, as described and bounded under Ta> Declaration $o& 870R/11/071/001,1, issued in the name of their father .*aton Tabanas@ and that they and their predecessors/in/interest had been in peaceful, open, continuous, e>clusi%e, and notorious possession and occupation of their alle*ed property since time immemorial& They prayed that the respondentsA application be dismissed )ith respect to the portion they )ere claimin*, and that their title be confirmed 3#pposition )as filed on March 3, 18874& 23 2& Petitioner Republic of the Philippines, represented by the Director of 6ands, )ho ar*ued that? a4 neither the respondents nor their predecessors/in/interest had been in open, continuous, e>clusi%e, and notorious possession and occupation of the sub:ect property since +une 12, 1821 or prior thereto@ b4 that the muniments of title and7or the ta> declarations and ta> payment receipts submitted in e%idence appeared to be of recent %inta*e and did not constitute competent and sufficient proof of a bona fide ac;uisition of the sub:ect property@ c4 that the period for an application based on a Spanish title or *rant had already lapsed@ and d4 that the sub:ect property )as part of the public domain, )hich belon*ed to the State and not sub:ect to pri%ate appropriation 3#pposition )as filed on March 2, 18874&22 3& The .Cnar 5rothers Realty (o& and .Cnar 'nterprises, !nc&, that opposed the application insofar as it mi*ht affect the fifteen/hectare portion they claimed and o)ned 3#pposition )as filed on March 7, 18874& 21 2& Ponciano Tabanas Dbiernas, for himself and for the other heirs of 'steban Tabanas and (iriaca 0abuya, )ho alle*ed that he, his co/o)ners, and their predecessors/in/interest, had been occupyin* portions of the sub:ect property in the concept of o)ners, e>clusi%ely, openly, continuously, and peacefully for many years& Be prayed that the respondentsA application for re*istration be denied )ith respect to the portions he and his co/o)ners claimed 3#pposition )as filed on March 10, 18874&21& Rufina and +ulia Ra*asa:o, )ho contended that the respondentsA application )as )ithout le*al basis as the respondents )ere not the true o)ners of the sub:ect property, )hich also encroached on their o)n land

3#pposition )as filed on March 10, 18874&27 -& The $ational Po)er (orporation 3$P(4, that opposed the respondentsA application )ith respect to a si>/hectare portion of the sub:ect property& $P( alle*ed that it )as in the process of finaliCin* )ith D'$R its permit7*rant to occupy as a substation office, si> hectares of the sub:ect property, )hich )as a public forest land in .ntuan*a Bills, =uiot, Pardo, (ebu (ity& $P( added that the *rant of respondentsA application )ould cause the *o%ernment *reat pre:udice 3#pposition )as filed on March 11, 18874& 2, 7& .melia and Delia Dionaldo, )ho opposed the respondentsA application on the *round that they had interests in the sub:ect property 3#pposition )as filed on March 11, 18874& 28 ,& +eremias 6& Dolino, in his official capacity as Re*ional '>ecuti%e Director of the D'$R, Re*ion "!!, 5anilad, Mandaue (ity, )ho a%erred that the sub:ect property fell )ithin Timberland 5loc< 3/( and )as )ithin the (ebu (ity Reforestation pro:ect, formerly <no)n as the #smeEa Reforestation Pro:ect& 30 Dolino said that there )as an implied admission on the part of the respondents of this assertion as their predecessors/in/interest had pre%iously filed a Petition for Reclassification of 6and31 of the sub:ect property before the D'$R& Dolino added that the ('$R# (ertificate relied on by the respondents )as disco%ered to ha%e been inad%ertently and erroneously issued as it )as based on a mista<en pro:ection 3#pposition )as filed on .pril 10, 18874& 32 The ('$R# (ertificate )as subse;uently recalled, cancelled, and re%o<ed by the Re*ional '>ecuti%e Director of D'$R %ia a Memorandum dated March 12, 188,&33 Durin* the trial, respondents presented the testimony of the follo)in* )itnesses in support of their application? 'stanislao $acorda, 6eoncio 6lamedo, Rodolfo .mancia, Melecio +oboneita, Re*ino 0abuya, (onstancio 6lamedo, Teotimo (abarrubias, .ndres .lfanta, 'fren 5inolirao, Ser*io Paran, 0loria +aral%e, Ma& 'mma Ramas, Shella 9y (oca, Danilo Deen, and 'd*ardo +aral%e&32 The fore*oin* )itnesses testified on ho) the respondents ac;uired their respecti%e portions of the sub:ect property and ho) they and their predecessors/in/interest had been in actual, open, continuous, e>clusi%e, peaceful, and notorious possession and occupation of the sub:ect property in the concept of o)ners since before the )ar and for more than 30 years& 31 The respondents also presented orester !!! .nastacio (abale:o, a duly licensed and re*istered forester connected )ith the ('$R#, and 0eodetic 'n*ineer (elso P& Mayol, the ('$R#/D'$R (hief of Sur%ey 9nit to testify that upon the re;uest of (armelina (uiCon, one of the predecessors/in/interest of the respondents, they, )ith other members of the 6and '%aluation Party of the 5ureau of orestry, usin* .dministrati%e #rder $o& 2/-22 and the 5ureau of orestry 6and (lassification Map $o& 2122 as references, conducted an actual sur%ey of (adastral 6ot 1,180 on $o%ember 2, 1881, and found that the sub:ect property )as )ithin its alienable and disposable portion& 3- 'n*ineer Mayol further testified that in connection )ith the fore*oin* sur%ey, he had prepared a plan,37 )hich )as the sub:ect of the ('$R# (ertificate made at its dorsal side& orestry .dministrati%e #rder $o& 2/-22 dated +uly 31, 1817 declared certain portions of the public domain situated in (ebu (ity under Pro:ect $o& 3/( as alienable and disposable lands& The 5ureau of orestry 6and (lassification Map $o& 2122 3, contains the bearin*s and distances of the areas in (ebu (ity declared as alienable and disposable lands& 38 indin* the testimonial and documentary e%idence of the respondents sufficient to sho) that they had ac;uired o)nership o%er the sub:ect property, the RT( ruled in their fa%or in its Decision dated $o%ember 11, 2002& The dispositi%e portion reads? FB'R' #R', from all the fore*oin* undisputed facts supported by oral and documentary e%idence, the (ourt finds and so holds that the applicants ha%e a re*isterable title to the parcel of land herein applied for ori*inal re*istration of title, and thereby confirmin* the same and orderin* its re*istration under (. 121, as amended by Presidential Decree $o& 1128 o%er the land, denominated as S0S/07/000307, in accordance )ith the respecti%e technical descriptions of herein applicants&

#nce this decision becomes final, let the decree and ori*inal certificate of title be issued in the names of the applicants as follo)s? $ames 3addresses deleted4 1& 06#R!. +.R.6"' 2& 'D0.RD# +.R.6"' 3& S'R. !$ 9D, +R& 2& SB'66. 9D 1&$!M . 6.0$.D. -& P.$T.6'#$ S.D./.$0 '>tent of !nterest in 6ot S*s/07/000307 GGG 72,820 s;uare meters@ GGG 22,700 s;uare meters@ GGG -1,210 s;uare meters@ GGG -2,-32 s;uare meters@ GGG 2-,872 s;uare meters@ GGG 22,700 s;uare meters@

7& .TTD& D.$!6# D''$ .$D H'$.!D. D''$ GGG 10-,803 s;uare meters@ ,& 'R!( .$TB#$D D''$ 8& M.& 'MM. R.M.S 10& ST.R06.D !$T'R$.T!#$.6 .$D D'"'6#PM'$T (#RP#R.T!#$ 11& .$$!' T.$ 12& T'#T!M# (.5.RR95!.S 13& M.& 'MM. R.M.S 12& +'SS!(. D.(6.$ GGG 110,--0 s;uare meters@ GGG 23,0-0 s;uare meters@ GGG ,2,023 s;uare meters@

GGG 10,000 s;uare meters@ GGG 1,000 s;uare meters@ GGG -,,1,0 s;uare meters@ GGG10,000 s;uare meters&20

The RT( held that accordin* to :urisprudence and under Section 2,3b4 of (ommon)ealth .ct $o& 121 or the Public 6and .ct, as amended by Republic .ct $o& 182221 and Republic .ct $o& 3,72,22 Ialienable public land held by a possessor personally or throu*h his predecessors/in/interest, openly, continuously, and e>clusi%ely for the prescribed period of 30 years > > > is con%erted to pri%ate property by mere lapse or completion of said period ipso :ure, and )ithout need of :udicial or other sanction, ceases to be public land and becomes pri%ate property&I 23 The RT( also *ranted Star*lad !nternational and De%elopment (orporationAs application despite the constitutional prohibition on ac;uisition of public lands of pri%ate corporations or associations, e>plainin* that such prohibition does not apply )hen the corporationAs predecessors/in/interesthad satisfied the re;uirements in ac;uirin* o)nership o%er public lands before such land )as transferred to the corporation& 22 The RT( stated that the pri%ate oppositors )ere not able to present any con%incin* e%idence and7or appro%ed sur%ey plan that clearly identified the portions of the sub:ect property they )ere claimin*& 21 6i<e)ise, the RT( held that the D'$R Re*ion "!! failed to contro%ert the fact that the sub:ect property )as )ithin the alienable and disposable portion of the public domain& The RT( added that its )itnesses did not e%en conduct an actual relocation or %erification sur%ey of the sub:ect property to determine its relati%e position to the timberland area& Thus, the RT( stated, the D'$R Re*ion "!!As conclusion )ith respect to the sub:ect propertyAs position )as inaccurate and unreliable& 2- !n *i%in* more credit to respondentsA e%idence, particularly the ('$R# (ertificate, the RT( e>plained?

.s a*ainst the appro%ed plan of Jthe sub:ect propertyK )hich has been thorou*hly %erified under the 6and (lassification Map $o& 2122 3'>hibit +/$.MR!.4 and )hich merely conformed to the actual %erification7relocation sur%eys 3'>hibits L, L/14 of the 6and '%aluation Party of ('$R# and P'$R#, specifically conducted by ('$R# (hief of Sur%ey 9nit 'n*r& (elso Mayol and the (hief of the 6and '%aluation Party .nastacio (abale:o and orester +usticio $ahid 3'>hibits 6, 6/14, the relocation sur%ey and map prepared by 'n*ineer !coy are simply undeser%in* of any )ei*ht& D'$R/7 Re*ional '>ecuti%e Director +eremias Dolino and Director 'stanislao 0alano of the Re*ional Mana*ement Ser%ices of D'$R/7, themsel%es, admitted that the tas< of determinin* )hether a parcel of land is )ithin the alienable and disposable area of the public domain falls )ithin the 6and '%aluation Party of the orest Mana*ement Ser%ices of ('$R# and P'$R# of the D'$R& !n this case, the ('$R#7P'$R# 6and '%aluation Party headed by orester .nastacio (abale:o, to*ether )ith the (hief of the Sur%ey 9nit of ('$R#, 'n*r& (elso Mayol, actually conducted a se*re*ation sur%ey of (adastral 6ot 1,180 on $o%ember 2, 1881 to determine the alienable and disposable portion of (adastral 6ot 1,180 and on the *round that they located three 334 orest Reser%e 3 R4 monuments mar<ed as R -7, R -8 and R 70& Thus, after the said %erification sur%ey, a sur%ey plan )as prepared by 'n*r& (elso Mayol and at the bac< portion thereof, he certified to the follo)in*, > > >& >>>> The J('$R# (ertificateK, ha%in* been issued by the proper *o%ernment officers tas<ed )ith the duty of certifyin* as to land classifications in the re*ion, the same should be *i%en )ei*ht and belie%ed, especially so that the results of the actual *round sur%ey of $o%ember 2, 188- )ere re/%erified and re/chec<ed upon the order of P'$R# !sabelo Monte:o& 27 The ('$R# (ertificate relied on by the respondents and *i%en much )ei*ht by the RT( reads as follo)s? Republic of the Philippines Department of 'n%ironment and $atural Resources (#MM9$!TD '$"!R#$M'$T .$D $.T9R.6 R'S#9R('S # !(' (ebu (ity ('$R#, (ebu (ity76ands "erification (.RM'6!$. (9!H#$, et al& 3(ebu (ity4 March 20, 188('RT! T# FB#M !T M.D (#$('R$? This is to certify that per pro:ection and %erification conducted by orester .nastacio (& (abale:o, a tract of land lot $o& 1,180, (ebu (adastre 12 '>tension, situated at =uiot, Pardo, (ebu (ity& .s sho)n and described in the Plan at the bac< hereof, as sur%eyed by 0eodetic 'n*ineer (elso P& Mayol for (armelina (uiCon, et al& The same )as found as here/under indicated? 6ot . M containin* an area of S'"'$ B9$DR'D TB!RTD/S'"'$ TB#9S.$D TBR'' B9$DR'D !"' 3737, 3014 s;uare meters, more or less, is )ithin the .lienable and Disposable, bloc</1, land classification pro:ect 3/(, per Map 2122 of (ebu (ity& (ertified under orestry .dministrati%e #rder $o& 2/-22 dated +uly 31, 1817& 6ot 5 M containin* an area of TF# B9$DR'D S!N TB#9S.$D !"' B9$DR'D ! TDJ/KTF# 320-,1124 s;uare meters, more or less, is )ithin the Timberland bloc</(, land classification pro:ect 3/(, per Map 2122 of (ebu (ity& (ertified under orestry .dministrati%e #rder $o& 2/-22 dated +uly 31, 1817& !(.T!#$

This certification is issued upon the re;uest of the interested party for the purpose of ascertainin* the land classification status only and does not entitle him7her preferential priority ri*hts of possession until determined by competent authorities& Jsi*nedK !69M!$.D# (& 69(.S (ommunity 'n%ironment and $atural Resources #fficer Jsi*nedK !S.5'6# R& M#$T'+# Pro%incial 'n%ironment and $atural Resources #fficer SF#R$ST.T'M'$T !, .nastacio (& (abale:o, forest officer, after ha%in* been duly s)orn to under oath accordin* to the la) do hereby depose and say that ! personally pro:ected and %erified the area and the result is the basis of the aforementioned certification& Jsi*nedK .$.ST.(!# (& (.5.6'+# #R'ST'R !!! S95S(R!5'D .$D SF#R$ to before me this 12JthK day of .pril 188-, at (ebu (ity, Philippines& Jsi*nedK !69M!$.D# (& 69(.S (ommunity 'n%ironment and $atural Resources #fficer2, .**rie%ed, the petitioner and three of the pri%ate oppositors appealed the decision of the RT( to the (ourt of .ppeals in (./0&R& (" $o& 7,-33, positin* the follo)in* assi*nment of errors? 1& Raised by pri%ate oppositors 0ertrudes $& Tabanas/Sin*son, 6ourdes $& Tabanas, rancisco $& Tabanas, and "icente $& Tabanas 3Beirs of .*aton Tabanas4? !& TB' 6#F'R (#9RT 'RR'D !$ B#6D!$0 TB.T .PP6!(.$TS B."' . R'0!ST'R.56' T!T6' T# TB' P.R('6 # 6.$D B'R'!$ .PP6!'D #R #R!0!$.6 R'0!STR.T!#$ # T!T6' .$D (#$ !RM!$0 TB' S.M' .$D #RD'R!$0 !TS R'0!STR.T!#$ 9$D'R (. 121, .S .M'$D'D 5D P&D& 1128 #"'R TB' 6.$D D'$#M!$.T'D .S S0S/07/000307, !$ .((#RD.$(' F!TB TB' R'SP'(T!"' T'(B$!(.6 D'S(R!PT!#$S& !!& TB' 6#F'R (#9RT 'RR'D !$ #RD'R!$0 TB.T #$(' TB' D'(!S!#$ 5'(#M'S !$.6, TB' D'(R'' .$D #R!0!$.6 ('RT! !(.T' # T!T6' 5' !SS9'D !$ TB' $.M' # TB' .PP6!(.$TS > > >&28 2& Raised by petitioner Republic of the Philippines? TB' (#9RT . =9# 'RR'D !$ 0R.$T!$0 R'SP#$D'$TSA.PP6!(.T!#$ #R R'0!STR.T!#$ D'SP!T' TB' .(T TB.T TB' .R'. (#"'R'D 5D TB' .PP6!(.T!#$ !S (6.SS! !'D .S T!M5'R6.$D .$D

TB'R' #R' 9$.6!'$.56'&10 3& Raised by pri%ate oppositors Beirs of Ponciano Dbiernas? 'rror $o& 1 M That the trial court erred in disposin* all the area of 6ot 1,180 to the JrespondentsK, but none to the oppositors/applicants, contrary to the Ma*saysay (redo? TB.T TB#S' FB# B."' 6'SS !$ 6! ' SB#96D B."' M#R' !$ 6.F@ 'rror $o& 2 M That under .rt& 22 of the (i%il (ode, :ud*es are en:oined by la) to protect the underdo*, )hich pro%ides as follo)s? I.rt& 22& !n all contractual, property or other relations, )hen one of the parties is at a disad%anta*e on account of his moral dependence, i*norance, indi*ence, mental )ea<ness, tender a*e or other handicap, the courts must be %i*ilant for his protection&I 'rror $o& 3 M That none of the respondents ha%e complied )ith the re;uirement as alluded to in 'rror $o& 1, )hich is the procurement of a permit from the *o%ernment a*ency in char*e of issuance of such permit, to occupy a public land, duly endorsed by the D'$R official, but P#$(!.$# D5!'R$.S has duly complied )ith all the re;uirements, plus possession of more than 30 years of the land applied for by him, and yet P#$(!.$# D5!'R$.S, the poorest amon* all the oppositors/applicants, )as not *i%en a sin*le s;uare meter by the trial court& Bence this sho)s that money tal<s&11 2& Raised by pri%ate oppositors .Cnar 'nterprises, !nc& and .Cnar 5rothers Realty (o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indin* for the respondents, the (ourt of .ppeals affirmed the RT( in its Decision dated +une 2,, 200-& The (ourt of .ppeals stated that the pri%ate oppositors failed to pro%e that the parcels of land they )ere claimin* )ere identical to the respecti%e portions of the sub:ect property the respondents sou*ht to re*ister& 13

.s for the petitionerAs appeal, the (ourt of .ppeals a*reed )ith the RT(As findin*s that the petitioner failed to contro%ert the fact that the sub:ect property )as )ithin the alienable and disposable portion of the public domain& !t added that it )as a *reat blunder that petitionerAs o)n )itness, for his failure to conduct an actual relocation or %erification sur%ey, could not e%en cate*orically identify the relati%e position of the sub:ect property to the timberland area& 12 9ndaunted, the Beirs of .*aton Tabanas, 11 .Cnar 'nterprises, !nc& and .Cnar 5rothers Realty (o&, 1- and the petitioner17 each mo%ed to ha%e the (ourt of .ppeals reconsider its Decision& The (ourt of .ppeals, ho)e%er, denied these motions on #ctober 27, 200- for lac< of merit& 1, The same oppositors filed their separate Petitions for Re%ie) on (ertiorari before this (ourt, to )it? 1& Pri%ate oppositors .Cnar 'nterprises, !nc& and .Cnar 5rothers Realty (o&As Petition for Re%ie) on (ertiorari )as doc<eted as 0&R& $o& 1711-, and )as denied by this (ourt in its ebruary 2-, 2007 Resolution 18 for the follo)in* reasons? a& as the petition )as filed beyond the e>tended period pursuant to Section 1JaK, Rule 1-@ b& for failure to accompany the petition )ith a clearly le*ible duplicate ori*inal, or a certified true copy of the assailed resolution in %iolation of Sections 2JdK and 1, Rule 21 in relation to Section 1JdK, Rule 1-@ and c& for insufficient or defecti%e %erification, the same bein* based Ion <no)led*e and beliefI in %iolation of Section 2, Rule 7, as amended by .dministrati%e Matter $o& 00/2/10/S(& !n any e%ent, the petition failed to sufficiently sho) that the appellate court committed any re%ersible error in the challen*ed decision and resolution as to )arrant the e>ercise by this (ourt of its discretionary appellate :urisdiction and the issues raised therein are factual in nature& This (ourt li<e)ise denied )ith finality the Motion for Reconsideration -0 of .Cnar 'nterprises, !nc& and .Cnar 5rothers Realty (o& in a Resolution-1 dated +uly 2, 2007& 2& Pri%ate oppositors Beirs of .*aton TabanasAs Petition for Re%ie) on (ertiorari -2 )as doc<eted as 0&R& $o& 171387 and in a Resolution-3 dated March 12, 2007, )as denied by this (ourt Ifor the BeirsA failure to sufficiently sho) that the (ourt of .ppeals committed any re%ersible error in the challen*ed decision and resolution as to )arrant the e>ercise of this (ourtAs discretionary appellate :urisdiction,I and for raisin* issues, )hich )ere factual in nature& This (ourt similarly denied )ith finality the Beirs of .*aton TabanasAs Motion for Reconsideration -2 in a Resolution dated +une 1,, 2007&-1 #n #ctober 1, 2007, this (ourt denied for lac< of merit the Beirs of .*aton TabanasAs motion to file a second motion for reconsideration, and added that no further pleadin*s )ould be entertained& -The Petition for Re%ie) on (ertiorari-7 no) before us is the one filed by the petitioner Republic of the Philippines, )hich presented the follo)in* *round? TB' (#9RT # .PP'.6S 'RR'D #$ . =9'ST!#$ # 6.F FB'$ !T . !RM'D TB' +9D0M'$T # TB' TR!.6 (#9RT TB.T TB' S95+'(T 6#TS .R' .6!'$.56' 6.$D D'SP!T' TB' (6'.R '"!D'$(' T# TB' (#$TR.RD& -, The petitioner a%ers that the (ourt of .ppeals i*nored the lon*/standin* rule that in land re*istration proceedin*s, the applicants ha%e the burden of o%ercomin* the presumption that the land sou*ht to be re*istered is inalienable land of the public domain )hen it affirmed the RT(As decision to *rant the respondentsA application for ori*inal re*istration o%er the sub:ect property despite

their failure to pro%e that it )as alienable and disposable& -8 The petitioner ar*ues that the ('$R# (ertificate the respondents relied on )as erroneously issued@ thus, it did not afford them any %ested ri*ht& The petitioner adds? Iat any rate, bein* the *o%ernment department char*ed )ith the duty to conduct sur%ey and classification of lands, the D'$RAs recall of the certification that the sub:ect property is alienable and disposable should ha%e been accorded respect&I70 The respondents, in their (omment, 71 contend that the findin*s of the RT(, as affirmed by the (ourt of .ppeals, that the sub:ect property falls )ithin the alienable and disposable portion of the public domain, is duly supported by substantial e%idence& Moreo%er, they asse%erate, that the issue posed by the petitioner is a factual issue, )hich had been thorou*hly discussed and resol%ed by the lo)er courts& !ssue The cru> of the contro%ersy in the case at bar boils do)n to )hether the *rant of respondentsA application for re*istration of title to the sub:ect property )as proper under the la) and :urisprudence& This (ourtAs Rulin* This (ourt finds the petition to be meritorious& Procedural !ssue? $ature of !ssue .t the outset, this (ourt )ould li<e to address respondentsA concern that the petition in%ol%es an issue purely factual in nature@ thus, it cannot be sub:ect of a petition for re%ie) under Rule 21& This (ourt, in $e) Rural 5an< of 0uimba 3$&'&4, !nc& %& .bad, 72 reiterated the distinction bet)een a ;uestion of la) and a ;uestion of fact, %iC? Fe reiterate the distinction bet)een a ;uestion of la) and a ;uestion of fact& . ;uestion of la) e>ists )hen the doubt or contro%ersy concerns the correct application of la) or :urisprudence to a certain set of facts@ or )hen the issue does not call for an e>amination of the probati%e %alue of the e%idence presented, the truth or falsehood of facts bein* admitted& . ;uestion of fact e>ists )hen the doubt or difference arises as to the truth or falsehood of facts or )hen the ;uery in%ites calibration of the )hole e%idence considerin* mainly the credibility of the )itnesses, the e>istence and rele%ancy of specific surroundin* circumstances, as )ell as their relation to each other and to the )hole, and the probability of the situation& 3(itation omitted&4 The petitioner herein is not callin* for an e>amination of the probati%e %alue or truthfulness of the e%idence presented& 73 Fhat it )ants to <no) is )hether the lo)er courts correctly applied the la) and :urisprudence )hen they *ranted the respondentsA application for re*istration of title to the sub:ect property& Main !ssue? $ature and (haracter of Sub:ect Property 0oin* to the merits of the case, this (ourt a*rees )ith the petitioner that the respondents failed to pro%e in accordance )ith la) that the sub:ect property is )ithin the alienable and disposable portion of the public domain& The Public 6and .ct or (ommon)ealth .ct $o& 121, until this day, is the e>istin* *eneral la) *o%ernin* the classification and disposition of lands of the public domain, e>cept for timber and mineral lands& I9nder the Re*alian doctrine embodied in our (onstitution, land that has not been ac;uired from the *o%ernment, either by purchase, *rant, or any other mode reco*niCed by la), belon*s to the State as part of the public domain&I 72 Thus, it is indispensable for a person claimin* title to a public land to sho) that his title )as ac;uired throu*h such means& 71

Section 2,3b4 of (ommon)ealth .ct $o& 121, as amended by Presidential Decree $o& 1073, 7- pro%ides? Sec& 2,& The follo)in* described citiCens of the Philippines, occupyin* lands of the public domain or claimin* to o)n any such lands or an interest therein, but )hose titles ha%e not been perfected or completed, may apply to the (ourt of irst !nstance of the pro%ince )here the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the 6and Re*istration .ct, to )it? >>>> 3b4 Those )ho by themsel%es or throu*h their predecessors in interest ha%e been in the open, continuous, e>clusi%e, and notorious possession and occupation of alienable and disposable lands of the public domain, under a bona fide claim of ac;uisition or o)nership, since +une 12, 1821, e>cept )hen pre%ented by )ar or force ma:eure& These shall be conclusi%ely presumed to ha%e performed all the conditions essential to a 0o%ernment *rant and shall be entitled to a certificate of title under the pro%isions of this chapter& Section 12314 of Presidential Decree $o& 1128 or the Property Re*istration Decree, li<e)ise pro%ides? S'(T!#$ 12& Fho may apply& / The follo)in* persons may file in the proper (ourt of irst !nstance an application for re*istration of title to land, )hether personally or throu*h their duly authoriCed representati%es? 314 Those )ho by themsel%es or throu*h their predecessors/in/interest ha%e been in open, continuous, e>clusi%e and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of o)nership since +une 12, 1821, or earlier& 5ased on the fore*oin* parameters, applicants for re*istration under Section 12314 of Presidential Decree $o& 1128 must sufficiently establish the follo)in*? 1& that the sub:ect land forms part of the disposable and alienable lands of the public domain@ 2& that the applicant and his predecessors/in/interest ha%e been in open, continuous, e>clusi%e and notorious possession and occupation of the same@ and 3& that it is under a bona fide claim of o)nership since +une 12, 1821, or earlier& 77 6and classification or reclassification cannot be assumed& !t must be pro%ed& 7, To pro%e that the sub:ect property is alienable and disposable land of the public domain, respondents presented the ('$R# (ertificate dated March 20, 188- si*ned by ('$R #fficer !luminado (& 6ucas and P'$R #fficer !sabelo R& Monte:o, and %erified by orester .nastacio (& (abale:o& Bo)e%er, this (ourt, in Republic %& T&.&$& Properties, !nc&,78 ruled that a ('$R# or P'$R# (ertification is not enou*h to certify that a land is alienable and disposable? urther, it is not enou*h for the P'$R# or ('$R# to certify that a land is alienable and disposable& The applicant for land re*istration must pro%e that the D'$R Secretary had appro%ed the land classification and released the land of the public domain as alienable and disposable, and that the land sub:ect of the application for re*istration falls )ithin the appro%ed area per %erification throu*h sur%ey by the P'$R# or ('$R#& !n addition, the applicant for land re*istration must present a copy of the ori*inal classification appro%ed by the D'$R Secretary and certified as a true copy by the le*al custodian of the official records& These facts must be established to pro%e that the land is alienable and disposable& Respondent failed to do so because the certifications presented by respondent do not, by themsel%es, pro%e that the land is alienable and disposable& 3'mphasis ours&4 .lthou*h the sur%ey and certification )ere done in accordance )ith orestry .dministrati%e #rder $o& 2/-22, issued by the then

Secretary of .*riculture and $atural Resources declarin* certain portions of the public domain situated in (ebu (ity as alienable and disposable, an actual copy of such classification, certified as true by the le*al custodian of the official records, )as not presented in e%idence& This )as a crucial mista<e& Fhat )as presented )as the certification ,0 of $icomedes R& .rmilla, the 6and '%aluation Party (oordinator, that the (ebu ('$R# had on file a certified photocopy of the administrati%e order& !n fact, one of the pri%ate oppositors ob:ected to its submission in e%idence for %iolatin* the best e%idence rule& ,1 Moreo%er, D'$R .dministrati%e #rder 3D.#4 $o& 20 dated May 30, 18,,, ,2 delineated the functions and authorities of the offices )ithin the D'$R& 9nder Section 0314 of the abo%e D.#, ('$R#s issue certificates of land classification status for areas belo) 10 hectares& or those fallin* abo%e 10 hectares, the issuance of such certificates is )ithin the function of the P'$R#s, as per Section 314 of the same D.#& This delineation, )ith re*ard to the offices authoriCed to issue certificates of land classification status, )as retained in D.# $o& 3,,3dated .pril 18, 1880&,2 !n the case at bar, the sub:ect property has an area of 731,3,0 s;uare meters or 73&13, hectares& (learly, under D.# $o& 3,, series of 1880, the sub:ect property is beyond the authority of the ('$R# to certify as alienable and disposable& ,1
1wphi1

!t is undisputed that )hile P'$R #fficer Monte:oAs si*nature appears on the ('$R# (ertificate, it )as under the ('$R# that the sur%ey of the sub:ect property )as conducted& The certificate )as li<e)ise issued under the ('$R#, and not the P'$R#& The respondents admit and e%en emphasiCe that it )as the ('$R# that )as in%ol%ed in the conduct of the sur%ey and issuance of the certification )ith respect to the land classification status of the sub:ect property& !n Republic %& Medida,,- this (ourt said? This (ourt > > > holds that the alienability and disposability of land are not amon* the matters that can be established by mere admissions, or e%en the a*reement of parties& The la) and :urisprudence pro%ide strin*ent re;uirements to pro%e such fact& #ur (onstitution, no less, embodies the Re*alian doctrine that all lands of the public domain belon* to the State, )hich is the source of any asserted ri*ht to o)nership of land& The courts are then empo)ered, as )e are duty/bound, to ensure that such o)nership of the State is duly protected by the proper obser%ance by parties of the rules and re;uirements on land re*istration& 9nfortunately, respondents )ere not able to dischar*e the burden of o%ercomin* the presumption that the land they sou*ht to be re*istered forms part of the public domain& FB'R' #R', the petition is hereby 0R.$T'D& The +une 2,, 200- Decision and #ctober 27, 200- Resolution of the (ourt of .ppeals in (./0&R& (" $o& 7,-33, are R'"'RS'D and S'T .S!D'& The respondentsA application for re*istration and issuance of title to 6ot S0S/07/000307, (ebu (ad& 12 '>tension, 5aran*ay =uiot, (ebu (ity, in 6and Re*istration (ase $o& 1221/$76R. Rec& $o& $/-7272 filed )ith the Re*ional Trial (ourt of (ebu (ity, 5ranch 20 is accordin*ly D!SM!SS'D& S# #RD'R'D& TERESIT !. LEON R(O*(E C STRO .ssociate +ustice F' (#$(9R? M RI LOUR(ES P. . SERENO (hief +ustice (hairperson LUC S P. BERS MIN .ssociate +ustice M RTIN S. "ILL R M , !R. .ssociate +ustice

BIEN"ENI(O L. RE)ES .ssociate +ustice ('RT! !(.T!#$

Pursuant to Section 13, .rticle "!!! of the (onstitution, ! certify that the conclusions in the abo%e Decision had been reached in consultation before the case )as assi*ned to the )riter of the opinion of the (ourtOs Di%ision& M RI LOUR(ES P. . SERENO (hief +ustice

Foot,ote#
1

Rule 21, 1887 Rules of (ourt&

Rollo, pp& 31/-1@ penned by '>ecuti%e +ustice .rsenio +& Ma*pale )ith .ssociate +ustices "icente 6& Dap and Romeo & 5arCa, concurrin*&
2 3

!d& at -,/-8& !d& at ,7/112&

Due to her death on .u*ust 1, 2008 3Rollo, p& 3784, she )as substituted by her sur%i%in* son, .lan +ess +aral%e Documento, +r&, as per this (ourtAs Resolution dated #ctober -, 2010 3Rollo, p& 3,24&
1 -

Records, "olume !, pp& 1/7& !d& at ,1/82& !d& at 318/3-,& !d& at ,2& !d& at 312& !d& at 1/2 and ,1/,7& !d& at 27/2,& !d& at ,3/,2& !d& at 3 and ,7& !d& at 311&

10

11

12

13

12

11

1-

!d& at ,& !d& at 8/12& !d& at -2/--& !d& at 323/a& !d& at 28/1-& !d& at -7/7,& !d& at -3& !d& at 82/8-& !d& at 88/101& !d& at 172/173& !d& at 181/18-& !d& at 188/201& !d& at 132/13-& !d& at 210& !d& at 2-3/2-2& !d& at 2-7/2-8& !d& at 2-1/2--& Rollo, p& 2-& !d& at 13/1,& !d& at 88/10-& !d& at 81& Records, "olume !, p& 323& !d& at 272/a&

17

1,

18

20

21

22

23

22

21

2-

27

2,

28

30

31

32

33

32

31

3-

37

3,

38

Rollo, p& 12& !d& at 110/112&

20

.n .ct to .mend Subsection 3b4 of Section orty/'i*ht of (ommon)ealth .ct $umbered #ne Bundred orty/ #ne, #ther)ise Lno)n as the Public 6and .ct&
21

.n .ct to .mend Sections orty/ our, orty/'i*ht and #ne Bundred T)enty of (ommon)ealth .ct $umbered #ne Bundred orty/#ne, .s .mended, #ther)ise Lno)n as the IPublic 6and .ct,I and or #ther Purposes&
22 23

Rollo, pp& 10-/107& !d& at 107& !d& !d& at 81/8-& !d& at 8-/8,& Records, "olume !, p& 323/a& (. rollo, p& 18& !d& at 2-3& !d& at 3-7/3-,& !d& at 120& Rollo, p& 1,& !d& at -0& (. rollo, pp& -72/700& !d& at 72,/720& !d& at 773/778& Rollo, pp& -,/-8& !d& at 211/21-& (. rollo, pp& 10-1/1071&

22

21

2-

27

2,

28

10

11

12

13

12

11

1-

17

1,

18

-0

-1

Rollo, p& 312& (. rollo, pp& ,1,/813& Rollo, pp& 313/312& (. rollo, pp& 107-/1082& Rollo, p& 311& !d& at 317/31,& !d& at ,/32& !d& at 22& !d& at ,/8& !d& at 2,& !d& at 127/212& 0&R& $o& 1-1,1,, .u*ust 20, 200,, 1-2 S(R. 103, 108/110& +arantilla, +r& %& +arantilla, 0&R& $o& 1122,-, December 1, 2010, -3- S(R. 288, 30,& Republic %& Beirs of +uan abio, 0&R& $o& 1181,8, December 23, 200,, 171 S(R. 11, 73& !d&

-2

-3

-2

-1

--

-7

-,

-8

70

71

72

73

72

71

'>tendin* the Period of ilin* .pplications for .dministrati%e 6e*aliCation 3 ree Patent4 and +udicial (onfirmation of !mperfect and !ncomplete Titles to .lienable and Disposable 6ands of the Public Domain 9nder (hapter "!! and (hapter "!!! of (ommon)ealth .ct $o& 121, as amended, for 'le%en 3114 Dears (ommencin* +anuary 1, 1877& 'ffecti%e +anuary 21, 1877&
777

Republic %& Manimtim, 0&R& $o& 1-8188, March 1-, 2011, -21 S(R. 120, 132/133& Mercado %& "alley Mountain Mines '>ploration, !nc&, 0&R& $o& 121018, $o%ember 23, 2011, --1 S(R. 13, 21& 0&R& $o& 112813, +une 2-, 200,, 111 S(R. 277, 2,8& Records, "olume !, p& 277& !d& at 221& Delineation of Re*ulatory unctions and .uthorities&

7,

78

,0

,1

,2

,3

Re%ised Re*ulations on the Delineation of unctions and Delineation of .uthorities& Republic %& T&.&$& Properties, !nc&, supra note 7, at 2,7& !d& at 2,,& 0&R& $o& 181087, .u*ust 13, 2012&

,2

,1

,-

The 6a)phil Pro:ect / .rellano 6a) oundation