Republic vs CA 146 SCRA 15

GR No. L-46145, 26 Nov 1986

Paras, J.

FACTS

The Heirs of Domingo Baloy, (private respondents), applied for a registration of title for
their land. Their claim is based on their possessory information title acquired by Domingo Baloy
through the Spanish Mortgage Law, coupled with their continuous, adverse and public possession
of the land in question. Applicants' claim is anchored on their possessory information title (Exhibit
F which had been translated in Exhibit F-1) coupled with their continuous, adverse and public
possession over the land in question. An examination of the possessory information title shows
that the description and the area of the land stated therein substantially coincides with the land
applied for and that said possessory information title had been regularly issued having been
acquired by applicants' predecessor, Domingo Baloy, under the provisions of the Spanish
Mortgage Law. Applicants presen-ted their tax declaration on said lands on April 8, 1965.
The Director of Lands opposed the registration alleging that such land became public land
through the operation of Act 627 of the Philippine Commission. On Nov 26, 1902, pursuant to the
executive order of the President of U.S., the area was declared within the US Naval Reservation.
Under Act 627 as amended by Act 1138, a period was fixed within which persons affected
thereby could file their application, (that is within 6 months from July 8, 1905) otherwise "the said
lands or interests therein will be conclusively adjudged to be public lands and all claims on the
part of private individuals for such lands or inte-rests therein not so presented will be forever
barred." Petitioner argues that since Domingo Baloy failed to file his claim within the prescribed
period, the land had become irrevocably public and could not be the subject of a valid registration
for private ownership.
The CFI denied respondents' application for registration. CA, reversed the decision.
Petitioners herein filed their Motion for Reconsideration, said MR was denied, hence this petition
for review on certiorari.

ISSUE

Whether or not private respondents' rights by virtue of their possessory information title
was lost by prescription.
HELD

No. A communication which contains an official statement of the position of the Republic
of the Philippines with regard to the status of the land in question recognizes the fact that Domingo
Baloy and/or his heirs have been in continuous possession of said land since 1894 as attested by
an "Informacion Possessoria" Title, which was granted by the Spanish Government. Hence, the
disputed property is private land and this possession was interrupted only by the occupation of the
land by the U.S. Navy in 1945. The heirs of the late Domingo P. Baloy, are now in actual
possession, and this has been so since the abandonment by the U.S. Navy. The occupancy of the
U.S. Navy was not in the concept of owner. It holds of the character of a commodatum. It cannot
affect the title of Domingo Baloy. One's ownership of a thing may be lost by prescription by reason
of another's possession if such possession be under claim of ownership, not where the possession
is only intended to be temporary, as in the case of the U.S. Navy's occupation of the land concerned,
in which case the owner is not divested of his title, although it cannot be exercised in the meantime.

RULING

WHEREFORE, premises considered, finding no merit in the petition the appealed decision
is hereby AFFIRMED.