REPUBLIC OF THE PHILIPPINES vs. DOMINGO ESPINOSA G.R. No. 171514 July 18, 2012 F: Marc March h 3, 1999 1999, , R file filed d an appl applic icat atio ion n for for land land regi regist stra rati tion on cove coveri ring ng a p arcel of land (5,525sqm) in Consolacion, Cebu; alleged that: (a) property is A&D ; (b) he purchased the property from his mother, Isabel Espinosa, on July 4, 197 0; and (c) he and his PII had been in possession of the property in the concept of an owner for more than 30 years R subm submit itte ted d the the blue bluepr prin int t of Adva Advanc nced ed Surv Survey ey Plan Plan, , 2 tax tax dec dec for for the the yea yea rs 1965 and 1974 in Isabel Isabels name, Certification issued by the Office of the Treas urer of Consolacion, Cebu and 3 tax dec for the years 1978, 1980 and 1985 P oppo oppose sed: d: (a) (a) Sec Sec 48(b 48(b) ) of CA14 CA141h 1had ad not not been been comp compli lied ed with with as Espi Espino nosa sa s PII possessed the property only after June 12, 1945; and (b) tax dec do not prov e that possession are in the character and for the length of time required by la w MTC granted Espinosas petition: Espinosa was able to establish his owners hip and possession over the subject lot which is within the area considered by D ENR as A&D; applicant has been in OCEN and under claim of title thereto within t he time prescribed by law (Sec. 14, sub-par. 1, P.D. 1529) CA dismissed petitioners appeal and affirmed MTC: possession for at least 30 years, despite the fact that it commenced after June 12, 1945, sufficed to c onvert the property to private. I: WON Espinosa has acquired an imperfect title over the subject property that i s worthy of confirmation and registration. H: NO Erred in in no not ap applying th the pr present te text of of Se Section 48 48(b) of of th the PL PLA Sec Sec 14(2 14(2) ) of PD 1529 1529: : The The foll follow owin ing g pers person ons s may may file file an appl applic icat atio ion n for for registration: Those who have acquired ownership of private lands by prescription under the provision of existing laws. Sec Sec 48(b 48(b) ) of the the PLA PLA orig origin inal ally ly stat states es: : Thos Those e who who by them themse selv lves es or thro throu u gh PII have been in OCEN possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, except as ag ainst the Government, since July 26, 1894, except when prevented by war or force majeure. June June 22, 22, 1957 1957: : RA 1942 1942 amen amende ded d Sec Sec 48(b 48(b) ) of the the PLA PLA by prov provid idin ing g a 30-y 30-ye e ar prescriptive period for JC of imperfect title Jan Jan 25, 25, 1977 1977: : PD 1073 1073 was was issu issued ed, , cha chang ngin ing g the the requ requir irem emen ent t for for poss posses essi sio o n and occupation for a period of 30 years to possession and occupation since Jun e 12, 1945 or earlier PD 1073 1073, , in effe effect ct, , repe repeal aled ed RA 1942 1942 such such that that appl applic icat atio ions ns unde under r Sec Sec 48 (b) of PLA filed after the promulgation of PD 1073 should allege and prove posse ssion and occupation that dated back to June 12, 1945 or earlier For For one one to invo invoke ke Sec Sec 48(b 48(b), ), it must must be demo demons nstr trat ated ed that that such such poss posses essi sio o n and occupation commenced on Jan 24, 1947 and 30-year period was completed prio r to the effectivity of PD 1073. There is is no nothing on on re record sh showing that as as of of Ja Jan 25 25, 19 1977 or or pr prior to to t he effectivity of PD 1073, he or Isabel had already acquired title by means of p ossession and occupation of the property for 30 years it is Sec Sec 14(2 14(2) ) of PD 1529 1529 cate catego gori rica call lly y prov provid ides es, , only only priv privat ate e prop proper erti ti es may be acquired thru prescription and under Articles 420 and 421 of the Civil Code, only those properties, which are not for public use, public service or in tended for the development of national wealth, are considered private. Ther There e must must be an expr expres ess s decl declar arat atio ion n by the the Stat State e that that PUBD PUBD prop proper erty ty is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial. Without such express d eclaration, the property, even if classified as alienable or disposable, remains property of the public dominion and thus incapable of acquisition by prescripti on. As the the prop proper erty ty is not not held held by the the Stat State e in its its priv privat ate e capa capaci city ty, , acqu acquis is ition of title thereto necessitates observance of the provisions of Sec 48(b) of
the PLA in relation to Section 14(1) of P.D. No. 1529 or possession and occupat ion since June 12, 1945. Notation on the survey plan does not constitute incontrovertible evidenc e that would overcome the presumption that the property belongs to the inalienab le public domain: a mere surveyor has no authority to reclassify lands of the pu blic domain.
