REPUBLIC OF THE PHILIPPINES vs.

COURT OF APPEALS and

CORAZON NAGUIT (2005)

Facts:

On January 5, 1993, Naguit filed a petition for registration of title of a parcel of

land. The application sought a judicial confirmation of imperfect title over the land.

The public prosecutor, appearing for the government, and Angeles opposed the
petition. The court issued an order of general default against the whole world except
as to Angeles and the government.
The evidence revealed that the subject parcel of land was originally declared for
taxation purposes in the name of Urbano in 1945. Urbano executed a Deed of
Quitclaim in favor of the heirs of Maming, wherein he renounced all his rights to the
subject property and confirmed the sale made by his father to Maming sometime in
1955 or 1956. Subsequently, the heirs of Maming executed a deed of absolute sale in
favor of respondent Naguit who thereupon started occupying the same.

Naguit constituted Blanco, Jr. as her attorney-in-fact and administrator. The

administrator introduced improvements, planted trees in addition to existing coconut
trees which were then 50 to 60 years old, and paid the corresponding taxes due on
the subject land.

Naguit and her predecessors-in-interest had occupied the land openly and in the
concept of owner without any objection from any private person or even the
government until she filed her application for registration.
The OSG argued that the property which is in open, continuous and exclusive
possession must first be alienable. Since the subject land was declared alienable only
on October 15, 1980, Naguit could not have maintained a bona fide claim of ownership
since June 12, 1945, as required by Section 14 of the Property Registration Decree,
since prior to 1980, the land was not alienable or disposable.

The OSG suggested an interpretation that all lands of the public domain which were
not declared alienable or disposable before June 12, 1945 would not be susceptible to
original registration, no matter the length of unchallenged possession by the
occupant.

Issue:

Whether or not it is necessary under Section 14(1) of the Property Registration Decree
that the subject land be first classified as alienable and disposable before the
applicant’s possession under a bona fide claim of ownership could even start.

Ruling: Petition Denied.

Section 14 of the Property Registration Decree, governing original registration
proceedings, provides:
SECTION 14. Who may apply. — 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-in-interest 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.

(2) Those who have acquired ownership over private lands by prescription
under the provisions of existing laws.

There are three obvious requisites for the filing of an application for registration of
title under Section 14(1) –

1. that the property in question is alienable and disposable land of the public
domain;
2. that the applicants by themselves or through their predecessors-in-interest
have been in open, continuous, exclusive and notorious possession and
occupation, and;
3. that such possession is under a bona fide claim of ownership since June 12,
1945 or earlier.

The OSG's interpretation would render paragraph (1) of Section 14 virtually

inoperative and even precludes the government from giving it effect even as it decides
to reclassify public agricultural lands as alienable and disposable. The
unreasonableness of the situation would even be aggravated considering that before
June 12, 1945, the Philippines was not yet even considered an independent state.

The more reasonable interpretation of Section 14(1) is that it merely requires the
property sought to be registered as already alienable and disposable at the time the
application for registration of title is filed. If the State, at the time the application is
made, has not yet deemed it proper to release the property for alienation or
disposition, the presumption is that the government is still reserving the right to
utilize the property; hence, the need to preserve its ownership in the State
irrespective of the length of adverse possession even if in good faith. However, if the
property has already been classified as alienable and disposable, as it is in this case,
then there is already an intention on the part of the State to abdicate its exclusive
prerogative over the property.
In this case, the 3 requisites for the filing of registration of title under Section 14(1)
had been met by Naguit.
1. The parcel of land had been declared alienable;
2. Naguit and her predecessors-in-interest had been in open, continuous,
exclusive and notorious possession and occupation of the land evidenced by the
50 to 60-year old trees at the time she purchased the property;
3. as well as the tax declarations executed by the original owner Urbano in 1954,
which strengthened one's bona fide claim of ownership.