HEIRS OF MALABANAN VS REPUBLIC, GR NO. 179987, 29 APR.

2009

FACTS: On Feb 20, 1998 Malabanan filed an application for land registration, covering a parcel of land in
Silang Cavite. He bought the land from one Velasco and had been in open, notorious, continuous and
adverse and peaceful possession for more than 30 years. He also presented tax declaration since 1948.

ISSUE: Whether Malabanan’s possession of the land had already ripened to ownership.

RULING: There are two ways how Malabanan can acquire the property:

(A) Under SEC 14(1) of PD1529, which states 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 public domain under a bona fide claim of acquisition of
ownership since June 12, 1945. Under this, the land need not to be alienable and disposable during the
entire period of possession. One can secure judicial confirmation as soon as it is declared alienable and
disposable.

(B) Under SEC 14(2) of PD1529, which pertains to prescription as a mode of acquiring ownership over
“PATRIMONIAL PROPERTY” of the state but there must be an express declaration that such property is
already patrimonial. The prescriptive period is 10 years if with just title and 30 years if no just title.

Petition was denied because Malabanan is not qualified under the two circumstances. In the first, there
is no evidence of possession since June 12, 1945 since his tax declaration is only since 1948. While under
the second circumstance, the property becomes patrimonial only since 1982 and the 30-year period of
prescription is not yet met