Heirs of Malabanan v. Republic, G. R. No.

179987, April 29, 2009

Facts
Mario Malabanan filed a land registration application for the property he
purchased from Eduardo Velazco, claiming that the property was alienable and
disposable land in the public domain, and that he and his predecessors-in-
interest had been in open, continuous, uninterrupted, public, and adverse
possession and occupation of the land for more than 30 years, entitling him to
judicial confirmation of his title.
The application was approved by the RTC. However, the OSG for the Republic
appealed the judgement to the CA, which overturned the RTC decision.
Malabanan's heirs petitioned this Court for review on certiorari after he died
during the CA appeal.
Issue

Whether or not petitioners were able to prove that the property was an
alienable and disposable land of the public domain.

Ruling;
Petitioners failed to provide adequate evidence to show that they and their
predecessors-in-interest have possessed the land since June 12, 1945. Without
the required character and period of possession - possession and occupation
that is open, continuous, exclusive, and notorious since June 12, 1945, or
earlier - the land cannot be considered ipso jure converted to private property,
even if it is later declared alienable and disposable.
Prescription never begun to run against the State, hence the land remains
ineligible for registration under Section 14(1) of the Property Registration
Decree. Likewise, the land remains ineligible for land registration under Section
14(2) of the Property Registration Decree unless Congress passes legislation or
the President issues a proclamation proclaiming the land no longer intended
for public service or the development of national wealth.