HEIRS OF MARIO MALABANAN vs.

REPUBLIC OF THE PHILIPPINES

(G.R. No. 179987; April 29, 2009)
FACTS: Mario Malabanan filed an application for land registration covering a parcel of
land situated in Barangay Tibig, Silang Cavite. Malabanan claimed that he had purchased the
property from Eduardo Velazco, and that he and his predecessors-in-interest had been in open,
notorious, and continuous adverse and peaceful possession of the land for more than thirty (30)
years. Malabanan presented his witness, Aristedes Velazco, who testified that the property
originally belonged to a twenty-two hectare property owned by his great-grandfather, Lino
Velazco. Lino had four sons, two of which were Eduardo and Estebanthe fourth being
Aristedess grandfather. Upon Linos death, his sons inherited and divided the property among
themselves. But by 1966, Estebans wife, Magdalena, had become the administrator of all the
properties inherited by the Velazco sons from their father, Lino. After the death of Esteban and
Magdalena, their son Virgilio succeeded them in administering the properties, including the lot
which originally belonged to his uncle, Eduardo Velazco. It was this property that was sold by
Eduardo Velazco to Malabanan. Malabanan also presented, among other documentary
evidence, a Certification dated 11 June 2001, issued by CENRO-DENR, which stated that the
subject property was verified to be within the Alienable or Disposable land per Land
Classification Map No. 3013 established under Project No. 20-A and approved as such under
FAO 4-1656 on March 15, 1982. On 3 December 2002, the RTC rendered judgment in favor of
Malabanan.
The Republic interposed an appeal, arguing that Malabanan had failed to prove that the
property belonged to the alienable and disposable land of the public domain, and that the RTC
had erred in finding that he had been in possession of the property in the manner and for the
length of time required by law for confirmation of imperfect title.
The Court of Appeals rendered a Decision reversing the RTC and dismissing the
application of Malabanan, ruling that under Section 14(1) of the Property Registration Decree,
any period of possession prior to the classification of the lots as alienable and disposable was
inconsequential and should be excluded from the computation of the period of possession.
Thus, the appellate court noted that since the CENRO-DENR certification had verified that the
property was declared alienable and disposable only on 15 March 1982, the Velazcos
possession prior to that date could not be factored in the computation of the period of
possession. Malabanan died while the case was pending with the Court of Appeals; hence, it
was his heirs who appealed the decision of the appellate court.

ISSUE: (1) Whether or not it is sufficient that the classification of land as alienable and
disposable occurs at any time prior to the filing of the applicant for registration provided that it is
established that the applicant has been in open, continuous, exclusive and notorious
possession of the land under a bona fide claim of ownership since June 12, 1945 or earlier
(2) As for purposes of Section 14(2) of the PD 1529, whether or not a parcel of land classified
as alienable and disposable may be deemed private land and therefore susceptible to
acquisition by prescription

HELD:
(1) In connection with Section 14(1) of the Property Registration Decree, Section 48(b) of
the Public Land Act recognizes and confirms that 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 acquisition of ownership, since June 12, 1945 have acquired ownership of, and registrable
title to, such lands based on the length and quality of their possession.
Since Section 48(b) merely requires possession since 12 June 1945 and does not
require that the lands should have been alienable and disposable during the entire period of
possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon
as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of
the Public Land Act.
(2) In complying with Section 14(2) of the Property Registration Decree, under the Civil
Code, prescription is recognized as a mode of acquiring ownership of patrimonial property.
However, public domain lands become only patrimonial property not only with a declaration that
these are alienable or disposable. There must also be an express government manifestation
that the property is already patrimonial or no longer retained for public service or the
development of national wealth, under Article 422 of the Civil Code. And only when the property
has become patrimonial can the prescriptive period for the acquisition of property of the public
dominion begin to run.

Clearly, the evidence of petitioners is insufficient to establish that Malabanan has
acquired ownership over the subject property as there is no substantive evidence to establish
that Malabanan or petitioners as his predecessors-in-interest have been in possession of the
property since 12 June 1945 or earlier. The earliest that petitioners can date back their
possession, according to their own evidence is to the year 1948. Thus, they cannot avail
themselves of registration under Section 14(1) of the Property Registration Decree.

Neither can petitioners properly invoke Section 14(2) as basis for registration. While the
subject property was declared as alienable or disposable in 1982, there is no competent
evidence that is no longer intended for public use service or for the development of the national
evidence, conformably with Article 422 of the Civil Code. The classification of the subject
property as alienable and disposable land of the public domain does not change its status as
property of the public dominion under Article 420(2) of the Civil Code. Thus, it is insusceptible
to acquisition by prescription.


Submitted by: Lovelle Marie B. Role