LAND, TITLES & DEEDS
since 12 June 1945.
Original Registration
Republic v Rosario Nicolas
G.R. No. 181435 Oct 2, 2017
FACTS:
 Nicolas filed a Petition seeking to
register her title over a land
o Asserted that she was entitled
to confirmation and registration of
title, as she had been in "natural,
open, public, adverse, continuous,
uninterrupted" possession of the
land in the concept of an owner
since October 1964.
 Republic contends that (a) neither
Nicolas nor her predecessors-in-
interest had been in open, continuous,
exclusive and notorious possession of
the land since 12 June 1945; (b) the Tax
Declarations attached to the Petition
did not constitute sufficient evidence of
the acquisition or possession of the
property; (c) Nicolas failed to apply for
registration of title within six months
from 16 February 1976 as required by
P.D. 892; and (d) the land was part of
the public domain and not subject to
private appropriation
RELEVANT RULING:
Nicolas has failed to prove that the property
is alienable and disposable agricultural land
that may be registered under Section 14(1)
of P.D. 1529.
 Section 14(1) of P.D. 1529 governs
applications for registration of alienable
and disposable lands of the public
domain.
 This provision grants occupants of
public land the right to judicial
confirmation of their title.
 Based on these two provisions and
other related sections of C.A. 141,
registration is allowed provided the
following requisites have been
complied with:
o 1. The applicant is a Filipino
citizen.
o 2. The applicant, by himself or
through his predecessors-in-
interest, has been in open,
continuous, exclusive and
notorious possession and
occupation of the property
o 3. The property has been
declared alienable and
disposable as of the filing of the
application.
o 4. If the area applied for does
not exceed 12 hectares, the
application should be filed by
31 December 2020.
 Nicolas failed to establish the third
requisite, i.e., that the property subject
of the application is alienable and
disposable agricultural land
o No positive act of the Executive
Dept
Nicolas has failed to prove that the land
subject of the application is part of the
patrimonial property of the State that may
be acquired by prescription under Section
14(2) of P.D. 1529.
 Only private lands that have been
acquired by prescription under existing
laws may be the subject of applications
for registration under Section 14(2).
 To establish that the land subject of the
application has been converted into
patrimonial property of the State, an
applicant must prove the following:
o l. The subject property has been
classified as agricultural land.
o 2. The property has been
declared alienable and
disposable.
o 3. There is an express
government manifestation that
the property is already
patrimonial, or is no longer
retained for public service or
the development of national
wealth.
 Without the concurrence of these three
conditions, the land remains part of
public dominion and thus incapable of
acquisition by prescription.
 In this case, the evidence Nicolas has
presented does not even show that the
property is alienable and disposable
agricultural land.
o She has also failed to cite any
government act or declaration
converting the land into
patrimonial property of the
State.
 The mere conduct of a private survey of
a property - even with the approval of
the Bureau of Lands - does not convert
the lot into private land or patrimonial
property of the State.