Republic vs. Spouses Dela Cruz

An applicant for land registration must prove the land’s alienable and disposable character through a DENR Secretary certification approving its classification and release, not merely through a CENRO certification or testimony; absent that proof, registration must be denied even if the State presents no countervailing evidence.

The respondents are the spouses Reynaldo and Loretto dela Cruz, who claim Lot 7001, Cad. 450 in Los Baños, Laguna. Their claim to the land is governed by P.D. No. 1529, which distinguishes applicants who have possessed alienable and disposable public land under a bona fide claim of ownership since June 12, 1945 or earlier under Section 14(1) from those who have acquired private land by prescription under Section 14(2).

Respondents Reynaldo and Loretto dela Cruz filed a petition for application for land registration covering Lot 7001, Cad. 450, with an area of 404 square meters, claiming that the land formed part of the alienable and disposable land of the public domain and that they had possessed it openly, publicly, notoriously, and continuously for more than 34 years. Reynaldo testified that they bought the land from Flordeliza Delos Reyes through a Deed of Absolute Sale in 1981, that tax declarations were issued for the land with the earliest in 1969, and that after the sale they occupied the land, planted trees, and possessed it for more than 34 years. Delos Reyes corroborated the sale and testified that she had occupied the land since the 1960s after inheriting it from her parents. Rosenda Visperas, Alexandrina Arguellas, and Salvacion Torririt testified that they knew respondents as buyers of the subject land. Rodolfo Gonzales, Special Investigator of the DENR CENRO of Los Baños, Laguna, maintained that the subject land was an alienable and disposable portion of the Municipality and could be disposed of. Petitioner presented no evidence to rebut respondents’ evidence.

Before the MTC, the evidence on the land’s classification consisted of the Special Investigator’s testimony, a CENRO Report dated December 31, 1925, the Survey Plan of the subject land, and the Technical Description of the subject land. The MTC found that respondents had complied with Section 14(1) of P.D. No. 1529 through that testimony, the CENRO Report, and their open, continuous, exclusive, and notorious possession in the concept of an owner prior to June 12, 1945. Petitioner moved for reconsideration, which was denied on January 5, 2011. On appeal, petitioner argued that respondents’ application fell under Section 14(2) of P.D. No. 1529, so that an express government manifestation that the land was already patrimonial or no longer retained for public use, public service, or national wealth was necessary before the prescriptive period could begin. Respondents filed a Motion to Withdraw Case, averring that they opted to withdraw their application because they had incurred legal expenses and faced a long and tedious process for a small area of land. The CA found that respondents had established the land as alienable and disposable and their possession since June 12, 1945 or earlier under Section 14(1) of P.D. No. 1529. The Republic then filed the present Petition for Review on Certiorari.

• Applicable Provision: Petitioner argued that respondents’ application falls under Section 14(2) of P.D. No. 1529, not Section 14(1), because their own averment and tax declaration show possession only since 1969 rather than since June 12, 1945 or earlier; under Section 14(2), an express government manifestation that the land is already patrimonial or no longer retained for public use, public service, or national wealth is necessary before the prescriptive period can begin.

• Land Registration: Whether registration of the subject land is proper under P.D. No. 1529.

• Land Registration: No. Registration was denied because respondents failed to prove that the land is alienable and disposable; a CENRO certification or testimony is insufficient, and the required DENR Secretary certification approving the land’s classification and release was absent.

• Land Registration: P.D. No. 1529 governs applications for registration of both public and private lands. Section 14(1) requires: (1) the land forms part of the alienable and disposable lands of the public domain; (2) the applicant and predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation; and (3) the possession is under a bona fide claim of ownership since June 12, 1945 or earlier. Section 14(2) requires: (a) the land is alienable and disposable, and patrimonial property of the public domain; (b) the applicant and predecessors-in-interest have possessed it for at least 10 years in good faith and with just title, or for at least 30 years regardless of good faith or just title; and (c) the land had already been converted to or declared patrimonial property of the State at the beginning of the 10-year or 30-year period. Section 14(1) is based on possession and occupation of alienable and disposable public land since June 12, 1945 or earlier without regard to whether the land was susceptible to private ownership at that time; Section 14(2) concerns registration of patrimonial property of the public domain acquired through prescription. In both instances, the land’s alienable and disposable character must be established because the Regalian Doctrine presumes that all lands not clearly within private ownership belong to the State. To prove classification, a positive act of the Executive Department is necessary; the applicant may submit a CENRO or PENRO certification and a DENR Secretary certification certified as a true copy by the legal custodian of official records. Respondents offered only the CENRO Special Investigator’s testimony, a CENRO Report dated December 31, 1925, the Survey Plan, and the Technical Description. These were insufficient: under Republic vs. T.A.N. Properties, Inc., it is not enough for the PENRO or CENRO to certify that the land is alienable and disposable; the applicant must prove that the DENR Secretary approved the land classification and released the land as alienable and disposable, and must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian. Espiritu, Jr. vs. Republic and Republic vs. Bautista strictly applied T.A.N. Properties and held that a CENRO certification is insufficient and a DENR certification is indispensable. The burden of proof remained on respondents and was not shifted by petitioner’s failure to present countervailing evidence. Because respondents failed to establish the first element, registration was properly denied.

• Regalian Doctrine — All lands not clearly shown to be within private ownership belong to the State; the applicant in land registration must overcome this presumption by proving the land is alienable and disposable. The SC applied it to require proof of the land’s classification before registration under either Section 14(1) or Section 14(2).
• Burden of proof in land registration — The applicant bears the burden of proving that the land is alienable and disposable; the State’s failure to present countervailing evidence does not shift that burden. The SC applied it despite petitioner presenting no rebuttal evidence.
• Proof of alienable and disposable character — A positive act of the Executive Department classifying the land as alienable and disposable is required. The applicant may submit (1) a CENRO or PENRO certification and (2) a DENR Secretary certification certified as a true copy by the legal custodian of official records; under T.A.N. Properties, the applicant must prove DENR Secretary approval of the classification and release and present a certified copy of the original classification. The SC applied it to reject the CENRO testimony and report, survey plan, and technical description.
• Requisites under Section 14(1), P.D. No. 1529 — (1) the land forms part of the alienable and disposable public domain; (2) the applicant and predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation; and (3) the possession is under a bona fide claim of ownership since June 12, 1945 or earlier. The SC enumerated them and denied registration because the first element was not proved.
• Requisites under Section 14(2), P.D. No. 1529 — (a) the land is alienable and disposable and patrimonial property of the public domain; (b) the applicant and predecessors-in-interest possessed it for at least 10 years in good faith and with just title, or at least 30 years regardless of good faith or just title; and (c) the land had been converted to or declared patrimonial property of the State at the beginning of the 10-year or 30-year period. The SC discussed them in response to petitioner’s argument and noted that the alienable and disposable character must still be proved.

• "In both instances, the nature of the land being alienable and disposable land of public domain must be established. This is so because the Regalian Doctrine presumes that all lands which do not clearly appear to be within private ownership belongs to the State." — The SC states the common evidentiary requirement under Section 14(1) and Section 14(2), grounding the denial on respondents’ failure to prove the land’s classification.
• "It is not enough for the PENRO or CENRO to certify that a land is alienable and disposable. The applicant for land registration must prove that the DENR Secretary had approved the land classification and released the land of the public domain as alienable and disposable, and that the land subject of the application for registration falls within the approved area per verification through survey by the PENRO or CENRO." — Quoting T.A.N. Properties, the SC explains why the CENRO testimony and report were insufficient.
• "Moreover, the burden of proof is not shifted by the mere fact that petitioner did not present countervailing evidence." — The SC rejects the notion that the Republic’s lack of rebuttal evidence could cure respondents’ failure to prove the land’s alienable and disposable character.
• "Failure of the respondents to establish the first element for land registration warrants the denial of the petition." — The SC ties the denial directly to the unproved first element common to the registration requirements.

• Republic vs. T.A.N. Properties, Inc., 578 Phil. 441 (2008) — Controlling precedent; quoted and applied to require DENR Secretary approval and a certified copy of the original classification, not mere CENRO or PENRO certification.
• Espiritu, Jr. vs. Republic, 811 Phil. 506 (2017) — Followed T.A.N. Properties; held that a CENRO certification is insufficient and a DENR certification is required.
• Republic vs. Bautista, G.R. No. 211664, November 12, 2018 — Followed T.A.N. Properties and Espiritu, Jr.; strictly applied the DENR certification requirement.
• Dumo vs. Republic, G.R. No. 218269, June 6, 2018, 865 SCRA 119 — Cited for the requisites of Section 14(1) of P.D. No. 1529.
• Republic vs. Zurbaran Realty and Development Corporation, 730 Phil. 263 (2014) — Cited for Section 14(2) as registration of patrimonial property of the public domain acquired through prescription.
• Republic vs. Naguit, 489 Phil. 405 (2005) — Cited for proof of land classification through CENRO or PENRO and DENR Secretary certifications.

• Section 14(1), P.D. No. 1529 — Allows registration by applicants who, by themselves or through predecessors-in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable public land under a bona fide claim of ownership since June 12, 1945 or earlier. Respondents invoked this provision, but the SC held they failed to prove the land’s alienable and disposable character.
• Section 14(2), P.D. No. 1529 — Allows registration by those who have acquired ownership of private lands by prescription under existing laws. Petitioner argued this provision applied; the SC noted its requisites and held that, in any event, the land’s alienable and disposable character had to be proved, which respondents failed to do.