1. G.R. No. 75042 November 29, 1988 REPUBLIC OF THE PHILIPPINES, petitioner, vs.

INTERMEDIATE APPELLATE COURT, ROMAN CATHOLIC BISHOP OF LUCENA, represented by Msgr. Jose T. Sanchez, and REGIONAL TRIAL COURT, BRANCH LIII, LUCENA CITY, respondents. The Solicitor General for petitioner. Gilbert D. Camaligan for private respondent. FACTS: Background: CFI and IAC: ROMAN CATHOLIC BISHOP of Lucena, represented by Msgr. Jose T. Sanchez, applicant vs. the Director of Lands and the Director, Bureau of Forest Development – Granted to Roman Catholic Bishop of Lucena - Evaluating the applicant's submitted proofs, the court a quo concluded, on the basis of acquisitive prescription at the very least, that the former had adequately shown title to the parcels of land being claimed. LOCATION: Barrio Masin, Municipality of Candelaria, Quezon Province and Barrio Bucal (Taguan), same municipality and province LAND AREA: Lots 1, 2 and 3 of plan PSD-65686 and its technical descriptions, and the parcel of land described in plan PSU-112592 and its technical description, together with whatever improvements existing thereon, in the name of the ROMAN CATHOLIC BISHOP of Lucena, Lot 4 - PSU-112592 PARTIES: 1. ROMAN CATHOLIC BISHOP OF Lucena, represented by Msgr. Jose T. Sanchez, applicant-appellee 2. Republic of the Philippines Oppositors-appellants ON WHAT GROUNDS: 3. the applicant claimed title to the various properties through either purchase or donation dating as far back as 1928 4. Oppositor: that the applicant did not have an imperfect title or title in fee simple to the parcel of land being applied for. The issue raised in this case involves the question of whether the Roman Catholic Bishop of Lucena, as a corporation sole is qualified to apply for confirmation of its title to the four (4) parcels of land subject of this case, that the Roman Catholic Church, as a corporation, is disqualified from owning properties from the public domain based on Art. XIV, Sec. 11 of the 1973 Constitution and that the registration was applied after the effectivity of the 1973 constitution. ISSUE: 1. Whether or not a corporation sole should be treated as an ordinary private corporation, for purpose of the application of Art. XIV, Sec. 11 of the 1973 Constitution. 2. W/N the lots are part of the public domain. HELD n 1980, which developed, affirmed and reaffirmed the doctrine that open, exclusive and undisputed possession of alienable public land for the period prescribed by law creates the legal fiction whereby the land, upon completion of the requisite period ipso jure and without the need of judicial or other

R. No proof being admissable to overcome a conclusive presumption. ALMEDA. HON. It held that private respondents had not qualified for a grant under Section 48(b) of Commonwealth Act 141 which requires public. FACTS: Background: Petition for review based on the decision of CA reversing the decision of the RTC. Acquisition and alienation of property. 1984 – Registration LOCATION: Barrio Pampangin Pateros. ceases to be public land and becomes' private property. Rizal. Leonardo M. adverse possession by the applicants in the concept of an owner. IAC. 1991 ALFREDO M. continuous. 113. N-10771) PARTIES: . and described in Survey Plan Psu-128539. 1984. when it was declared alienable and disposable. 2. G. peaceful. the Almeda brothers applied for the registration of the land in the Regional Trial Court of Pasig. 85322 April 30. counted from January 23. charitable. p.sanction. No. ALMEDA and ERNESTO M. and registration thereunder would not confer title. but simply recognize a title already vested. Almeda for petitioners.208 square meters REGISTRATION: September 12. in truth be little more than a formality. 1968. and his successors (who will always be one at a time). for a period of at least 30 years. COURT OF APPEALS and REPUBLIC OF THE PHILIPPINES. LAND AREA: 1. vs. 1968 – Declared the land as disposable and alienable  September 12. They have to their credit only seventeen (17) years possession and occupation of the land. DIRECTOR OF LANDS vs. ALMEDA.Emiliano Almeda (Father of Petitioners) and Adriano Almeda  January 13. Branch CLVI (LRC Case No. 518). when their application for registration was filed  June 15. A corporation sole consists of one person only. — Any corporation sole may purchase and hold real estate and personal property for its church. benevolent or educational purposes. and may receive bequests or gifts for such purposes…. supra. 1984. Pertinent to this case is the provision of Sec. We can say the following: A corporation sole is a special form of corporation usually associated with the clergy. 113 Batas Pambansa Blg. 68 which reads as follows: Sec. respondents. representative represented by THE DIRECTOR OF LANDS. at the most limited to ascertaining whether the possession claimed is of the required character and length of time. petitioners. confirmation proceedings would. LEONARDO M. up to September 12. 1935 .

841 hectares.1. No. 2002 FRANCISCO I. PEA sought the transfer to AMARI. Act 141. a private corporation. 133250 July 9. PEA also sought to have 290. 157. CHAVEZ. 3. PUBLIC ESTATES AUTHORITY and AMARI COASTAL BAY DEVELOPMENT CORPORATION. CHAVEZ . ALMEDA and ERNESTO M. vs. Ibarra Bishar et al. and should be excluded from the computation of the 30year open and continuous possession in concept of owner required under Section 48(b) of Com.. 1968. ALMEDA. petitioner. Brothers . DIRECTOR OF LANDS ON WHAT GROUNDS: The land applied for was inalienable forest land before its release as alienable and disposable land on January 3. The Public Estates Authority is the central implementing agency tasked to undertake reclamation projects nationwide. LEONARDO M. could not ripen into private ownership. G. 1968. ALMEDA 2.156 hectares of submerged areas of Manila Bay to AMARI LOCATION: Manila Bay. 250 hectares of submerged areas surrounding these islands REGISTRATION: PARTIES: FRANCISCO I.R. or before it was declared alienable and disposable land of the public domain on January 13.5 hectares of reclaimed lands and submerged areas of Manila Bay.34 hectares of the Freedom Islands. 178 SCRA 708. It took over the leasing and selling functions of the DENR insofar as reclaimed or about to be reclaimed foreshore lands are concerned. It accords with our ruling in Director of Lands vs. The applicants' possession thereof prior to January 3.Court of Appeals. Freedom Islands LAND AREA: 367. 1968 was invalid for purposes of a grant under Section 48(b) of the Public Land Act ISSUE: W/N the land classification on the duration of the occupation of petitioners affects the reckoning point of the computation of the 30-year open and continuous possession HELD The Court of Appeals correctly ruled that the private respondents had not qualified for a grant under Section 48(b) of the Public Land Act because their possession of the land while it was still inalienable forest land.ALFREDO M. FACTS: Public Estates Authority ("PEA" for brevity) to disclose all facts on PEA's then on-going renegotiations with Amari Coastal Bay and Development Corporation ("AMARI" for brevity) to reclaim portions of Manila Bay. of the ownership of 77. respondents.

" as provided in Section 60 of CA No. if allowed. encumbered or otherwise disposed of in a manner affecting its title. PEA may only sell these lands to Philippine citizens." This will open the floodgates to corporations and even individuals acquiring hundreds of hectares of alienable lands of the public domain under the guise that in the hands of PEA these lands are private lands." This provision refers to government reclaimed. 1. 141 that the land "shall not be alienated. HELD Private lands taken by the Government for public use under its power of eminent domain become unquestionably part of the public domain." In short.84 hectares of reclaimed lands comprising the Freedom Islands. the 157. is expressly subject to the condition in Section 60 of CA No. This scheme. now covered by certificates of title in the name of PEA. PEA and AMARI contend that with the issuance of Special Patent No." This theory is echoed by AMARI which maintains that the "issuance of the special patent leading to the eventual issuance of title takes the subject land away from the land of public domain and converts the property into patrimonial or private property.84 hectares comprising the Freedom Islands have become private lands of PEA. The need for legislative authority prevents the registered land of the public domain from becoming private land that can be disposed of to qualified private parties. or transferred to a province. 141. except when authorized by Congress. The 157. can even be applied to alienable agricultural lands of the public domain since PEA can "acquire x x x any and all kinds of lands. foreshore and marshy lands of the public domain that have been titled but still cannot be alienated or encumbered unless expressly authorized by Congress. ISSUE: Whether or not the transfer is valid. 1529 authorizes the Register of Deeds to issue in the name of the National Government new certificates of title covering such expropriated lands Alienable lands of the public domain "granted. Such registration. 3517 and the corresponding certificates of titles. may be registered under the Torrens System pursuant to Section 103 of PD No. subject to the ownership limitations in the 1987 Constitution and existing laws. . donated. are alienable lands of the public domain. This will completely reverse the clear direction of constitutional development in this country. Nevertheless. or branch or subdivision of the Government. however. This will result in corporations amassing huge landholdings never before seen in this country . municipality. 1529.PEA AMARI ON WHAT GROUNDS: Finally. PEA theorizes that the "act of conveying the ownership of the reclaimed lands to public respondent PEA transformed such lands of the public domain to private lands. Section 85 of PD No.creating the very evil that the constitutional ban was designed to prevent. PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations.

Krivenko then brought the case to the fourth branch of the Court of First Instance of Manila by means of a consulta. the government can classify the reclaimed lands as alienable or disposable.R. from which Krivenko appealed to this Court. In May 1945. The 592. he cannot acquire land in this jurisdiction. Thereafter. 3.15 hectares of submerged areas are inalienable and outside the commerce of man.34 hectares110 of the Freedom Islands. a private corporation. the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3. FACTS: Alenxander A. petitioner-appellant. Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. Marcelino Lontok appeared as amicus curies. First Assistant Solicitor General Reyes and Solicitor Carreon for respondent-appellee. Gibbs. the 592. In their present state. KRIVENKO. L-630 November 15. he registered the lot but was denied by the register of deeds of Manila on the ground that. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Still. 1947 ALEXANDER A.15 hectares of submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. Inc. LOCATION: residential lot from the Magdalena Estate LAND AREA: REGISTRATION: PARTIES: ON WHAT GROUNDS: . which are the only natural resources the government can alienate.156 hectares111 of still submerged areas of Manila Bay. Kriventor is an alien (foreigner) who bought a residential lot from the Magdalena Estate.. No. such transfer is void for being contrary to Section 2.2. such transfer is void for being contrary to Section 3. ownership of 77. Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. Since the Amended JVA seeks to transfer to AMARI. being an alien. Gibbs. Only then can these lands qualify as agricultural lands of the public domain. The registration of which was interrupted by the war. PEA may reclaim these submerged areas. G. and further declare them no longer needed for public service. and that court rendered judgment sustaining the refusal of the register of deeds. Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. in December of 1941. THE REGISTER OF DEEDS. vs. Since the Amended JVA also seeks to transfer to AMARI ownership of 290. Chuidian and Quasha of petitioner-appellant. respondent and appellee. 4. 4. CITY OF MANILA.

hold. the prohibition contained in these two provisions was. lease. dispose of. there being practically no private land which had not been acquired by any of the means provided in said two sections. accordingly It is to be observed that the pharase "no land" used in these section refers to all private lands. encumber. ISSUE: whether or not an alien under our Constitution may acquire residential land. that no private land could be transferred to aliens except "upon express authorization by the Philippine Legislature. as being not part of private agricultural lands. whether strictly agricultural. aliens were granted the right to acquire private land merely by way of reciprocity . including residential lands. residential or otherwise.The constitution does not bar aliens from owning residential lands. or alienate land." In other words. and. HELD we hold that under the Constitution aliens may not acquire private or public agricultural lands. to citizens of Philippine Islands the same right to acquire. Therefore. in effect.

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