THE LAW REQUIRES ACTUAL AND NOT JUST CONSTRUCTIVE OR FICTIONAL

POSSESSION UNDER PD 1529

It is explicit under Section 14(1) that the possession and occupation required over the land must
be open, continuous, exclusive and notorious. The intent behind the use of "possession" in
conjunction with "occupation" is to emphasize the need for actual and not just constructive or
fictional possession.

Simon Apparel, Inc. v. Republic

G.R. No. 190433 (Notice), June 06, 2019

FACTS:
Petitioner filed with the RTC an application for registration of title over a 10,181 sqm parcel of
land. Petitioner alleged that it acquired the property through a deed of absolute sale it executed
with the heirs of Reynaldo Torres. During the trial, petitioner offered several testimonies to prove
that Artemio Torres was the owner of the property since 1945 and that, afterwards, Reynaldo
Torres, Artemio Torres' son, came into possession of the property through succession upon his
father's death. The heirs of Reynaldo Torres, in turn, sold the property to petitioner. The court
granted the application for application.

The OSG appealed to the CA. For the CA, the trial court erred in granting the application for
original registration, not on the basis of the constitutional proscription against private corporations'
ownership of lands (as raised by the OSG) but for petitioner's failure to prove that its
predecessors-in-interest have been in possession of the property under a bona fide claim of
ownership since June 12, 1945, or earlier.

The petitioner argues that it has sufficiently proven that petitioner and its predecessors-in-interest
have been in open, continuous, exclusive and notorious possession of the property since June
12, 1945 or earlier.

ISSUE:
Whether or not the petitioner is considered to have been in open, continuous, exclusive and
notorious possession and occupation of alienable and disposable lands of the public domain.

HELD:
NO. Section 14(1) of P.D. No. 1529 states: “Sec. 14. Who may apply – xxx (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.”

For registration under Section 14(1) to prosper, the applicant for original registration of title to land
must establish the following: (1) that the land forms part of the disposable and alienable lands of
the public domain; (2) that the applicants by themselves and their predecessors-in-interest have
been in open, continuous, exclusive, and notorious possession and occupation thereof; and (3)
that the possession is under a bona fide claim of ownership since June 12, 1945, or earlier.

On the second and third requirements, the CA correctly held that petitioner failed to establish that
petitioner and its predecessors-in-interest have been in possession and occupation of the land
since June 12, 1945, or earlier. It is explicit under Section 14(1) that the possession and
occupation required over the land must be open, continuous, exclusive and notorious. The intent
behind the use of "possession" in conjunction with "occupation" is to emphasize the need for
actual and not just constructive or fictional possession. Therefore, the petition is denied for failure
to satisfy the requirements under the abovementioned provision.