My personal notes on LTD and Natural Resources using the syllabus of Atty. Rowell Ilagan.(San Beda Manila, 2014-2015)
Review Modes of Acquiring Land Titles
ltd
Case digests in LTD
Land Titles and Deeds digested CasesFull description
Full description
Case Digest for Land, Titles and Deeds.Full description
Land Titles, Titles, Ch. V, Non-Registrable Non-Registrable Properties Properties MENCHAVEZ v. TEVES
G.R. No. 153201 January 26, 2005 This is a case to recover damages from a lease contract between the parties. Facts
February 28, 1986: Menchavez (lessors) and Florentino Teves Jr. (lessee) executed a contract of lease. June 2, 1988: Cebu RTC Sheriffs demolished the fishpond dikes constructed by the the respondent and delivered delivered the possession of the subject roperty to the plaintiffs. Respondent filed a complaint for damages and alleged that the lessors have violated their contract, specifically the peaceful and adequate enjoyment of the property for the entire duration of the contract RTC declared the contract of lease between the parties as void ab initio as it is owned by the state based on the Regalian Regalian Doctrine. Doctrine. RTC ruled in favor favor of the Petitione Petitioners. rs. Respondent elevated the case to CA. CA disagreed with RTC’s finding that petitioners and respondent were in pari delicto. delicto. It contended that while there was negligence on the part of the respondent for failing to verify the ownership of the property, there was no evidence that he had knowledge of petitiones’ lack of ownership Hence, this petition.
Issue
Whether or not the subject property (fishponds) can be leased by the petitioners.
Held
It was the state who owned the fishpond. The 1987 Constitution specifically declares that all lands of the public domain, waters, fisheries waters, fisheries and other natural resources belong to the State. Included here are fishponds, which may not be alienated but only leased. Possession thereof, no matter how long, cannot ripen into ownership. Being merely applicants for the lease of the fishponds, petitioners had no transferable right over them. And even if the State were to grant their application, the law expressly disallowed sublease of the fishponds to respondent. The contract of lease is void ab initio. No damages may be recovered from a void contract. No.
WHEREFORE,
the Petition Petition is GRANTED and the assailed assailed Decision and Resolution SET ASIDE. The Decision of the trial court is hereby REINSTATED
