Case Digest # I-b-3 | GR No.

L-
48145 | Republic v Court of
Appeals | Paras
FACTS:
The heirs of Domingo Baloy, represented by Ricardo Baloy, filed an application for
land registration with a possessory title acquired under the provisions of the Spanish
Mortgage Law. The Court of First Instance of Zambales, denied the application thus it
was interposed on appeal to the Court of Appeals. The appellate court, thru its Fifth
Division reversed the decision and approved the application for registration. The
petitioners filed their Motion for reconsideration and was denied.
A communication/letter which contains an official statement, recognizes the fact that
Domingo Baloy and/or his heirs have been in continuous possession of the said land
since 1894, as attested by an “Informacion Possessoria” Title, which was granted by
the Spanish Government. And was interrupted only by the occupation of the land by
the US Navy in 1945.
ISSUES:

1. Whether or not there is a need for a court order for a private land to be deemed to
have become public land.

2. Whether or not the private respondents’ rights by virtue of their possessory

information title was lost by prescription.
HELD:
The appealed decision is AFFIRMED.
RULING:
1. Under Sec 3 Act 827. Private land could be deemed to have become public land by
virtue of a judicial declaration after due process and hearing. Without a judgement
or order declaring the land to be public, its private character and the possessory
information title over it must be respected.

2. During the interim of 57 years from November 26, 1902 to December 17, 1959 the
possessory rights of Baloy or his heirs were merely suspended and not lost by
prescription.  The occupancy of the US Navy was not in the concept of owner. It
partakes of the character of a commodatum. 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 transient, in
which case the owner is not divested of his title, although it cannot be exercised in
the meantime.