G.R. No.

195669, May 30, 2016

BRADFORD UNITED CHURCH OF CHRIST, INC., Petitioner, v. DANTE ANDO,
ABENIGO AUGIS, EDGAR CARDONES, ZACARIAS GUTIERREZ, CORNELIO
IBARRA, JR., ZENAIDA IBARRA, TEOFILOI LIRASAN, EUNICE LIRASAN, RUTH
MISSION, DOLLY ROSALES & EUNICE TAMBANGAN, IN THEIR CAPACITIES AS
MANDAUE BRADFORD CHURCH COUNCIL MEMBERS; MANDAUE BRADFORD
CHURCH; AND UNITED CHURCH OF CHRIST IN THE PHILIPPINES,
INC., Respondents.
DEL CASTILLO, J.
FACTS:
In 1958, Manuel Dee Ham caused the survey of the Subject Property, which was later
approved and was declared in his name for tax purposes. When he died, it was
inherited by his wife and children who transferred their beneficial ownership to PRCI.
Then, PRCI started paying the real property taxes. To formalize the transfer,
Esperanza, the wife, executed an affidavit and the RTC confirmed the title in PRCI’s
name, stating that it had been in open, actual, adverse, and notorious possession of the
property.
The OSG appealed with the CA. The CA affirmed the decision of the RTC. The OSG,
however, contends that there must first be an express declaration of the State that the
property has been converted into patrimonial.
ISSUE:
Whether the PRCI has proved that it is entitled to a decree of registration over the
property.
HELD:
Yes. PRCI proved that it is entitled to the decree of registration.
The PRCI was able to establish that it had been in open, actual, continuous, adverse,
and notorious possession of the Subject Property in the concept of an owner for the
period then required by law for the acquisition of title.
The operative act which converts property of public dominion to patrimonial property is
its classification as alienable and disposable land of the public domain, as this
classification precisely serves as the manifestation of the State’s lack of intent to retain
the same for some public use or purpose.
Under Sec. 6 of RA 11573, the period of possession required under the old Section
14(1) has been shortened. Sec. 14(1) only now requires proof of possession “at least
twenty (20) years immediately preceding the filing of the application for confirmation of
title except when prevented by war or force majeure.”
Any express government manifestation declaring that the land subject of application is
not retained by the State anymore is no longer required. Evidence showing that the
subject land is already considered to be alienable and disposable is sufficient proof for
the purposes of RA 11573.

Petition is DENIED.