DEPARTMENT OF EDUCATION (DepEd), represented by its REGIONAL DIRECTOR

TERESITA DOMALANTA, Vs. MARIANO TULIAO, G.R. No. 205664

Facts:

Tuliao filed an action for recovery of possession and removal of structure with damages against
DepEd with the Municipal Trial Court in Tuguegarao. He alleged that he was a registered owner
of the subject of parcel of land and that a portion of said property was allowed by his
predecessor-in-interest to be used by the Atulayan Elementary School (AES) as an access road
for the school children in going to and from the school.

In March 2000, upon discovering that a structure was being constructed on the land, he
demanded that DepEd cease and desist and vacate the property. DepEd refused. Tuliao likewise
demanded payment for reasonable rent but was also ignored. Tuliao presented a certificate of
title as well as tax declarations and real property tax receipts for the years 2003-2005. Hence,
the CA ruled that Tuliao has a better right of possession.

Issue:

Whether the CA erred in failing to consider that respondent’s claim is barred by laches due to
the uninterrupted possession of AES for at least 32 years

HELD:

No, the Supreme Court affirmed CA’s decision.

The registered owner of the land is Tuliao. It must be noted that DepEd’s contention that its
possession of the land was open, continuous, exclusive, adverse, notorious and in the concept
of an owner for 32 years is untenable. DepEd’s defense of laches has no merit. DepEd’s
possession was not truly adverse.

The burden of proof was not proven by DepEd since they only have testimonies while Tuliao as
the registered owner, presented tax declarations, tax receipts and certificate of title.

Mere material possession of the land was not adverse as against the owner and is insufficient to
vest tile unless such possession was accompanied by the intent to possess as an owner. At any
rate, the MTC was fair when it stated that that DepEd could not order the immediate removal of
the structures and directed Tuliao to exercise his option under Art 448