SANDRA P.

TALLEDO, JD 2-C
PROF: ATTY. MARCELINO S. MARATA

CASE DIGEST PAPER FOR LAND TITLE AND DEEDS

3. CASE TITLE: REPUBLIC OF THE PHILIPPINES v. SANTOS, GR NO. 180027

DATE: July 18, 2012
PONENTE: Justice Jose P. Perez

FACTS:

1. In October 1997, respondents purchased three parcels of unregistered land situated in

Barangay Carasuchi, Indang, Cavite. The 3 parcels of land were previously owned by
one Generosa Asuncion (Generosa), one Teresita Sernal (Teresita) and by the spouses
Jimmy and Imelda Antona, respectively.
2. After the said purchase, respondents caused the survey and consolidation of the
parcels of land. The 3 parcels were consolidated into a single lot—"Lot 3"—with a
determined total area of nine thousand five hundred seventy-seven (9,577) square
meters.
3. On March 12, 2002, respondents filed with the RTC an Application for Original
Registration of Lot 3.
4. During trial on the merits, respondents presented witnesses who testified that they
have been in possession of their respective parcels of land for over thirty (30) years
prior to the purchase thereof by the respondents in 1997.
5. The government however, through the Office of the Solicitor General, filed the lone
opposition to the respondents’ application on 13 May 2003.
6. The petitioner insisted that Lot 3 still forms part of the public domain and, hence, not
subject to private acquisition and registration.

ISSUE: Whether or not respondents can be granted with an original registration of

Lot 3 by virtue of 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.

RULING:

No. respondents cannot be granted with an original registration of Lot 3 by virtue of

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.

The law provides that the State is the original proprietor of all lands and, as such, is
the general source of all private titles. Absent a clear showing that land had been let into

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 SANDRA P. TALLEDO, JD 2-C
PROF: ATTY. MARCELINO S. MARATA

private ownership through the State’s imprimatur, such land is presumed to belong to the
State.1
In the instant case, respondents presented witnesses and none of them testified about
possession and occupation of the subject parcels of land dating back to 12 June 1945 or
earlier. Rather, said witnesses merely related that they have been in possession of their lands
"for over thirty years" prior to the purchase thereof by respondents in 1997.

Thus, respondents cannot be granted with an original registration of Lot 3 by virtue of

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.

1
Concept of Jura Regalia, J. Oswaldo D. Agcaoili, Property Registration Decree and Related Laws (2018) p. 3
par. 3

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