Chavez vs. Public Estates Authority Chavez vs. Public Estates Authority F
FAACTCTS: S: ThThe e PuPublblic ic EsEstatatetes s AuAuththororitity y (P(PEAEA) ) is is ththe e cecentntrarall imp
implemelementinnting g ageagency ncy tasktasked ed to to undeundertakrtake e recreclamalamation tion proprojectjectss nati
nationionide! "t de! "t took o#er took o#er the leasing and the leasing and sellselling $unctioing $unctions ns o$ o$ thethe %E&' (%epartment o$ En#ironmental and &atural 'esources) inso$ar %E&' (%epartment o$ En#ironmental and &atural 'esources) inso$ar as
as rrececlalaimimed ed or or ababouout t to to be be rrececlalaimimed ed $o$orreseshohore re lalandnds s araree concerned!
concerned! PEA sought the
PEA sought the trans$er to the Amari trans$er to the Amari Coastal ay and %e#elopmentCoastal ay and %e#elopment Co
Corprporaoratiotion n a a prpri#ai#ate te corcorpoporaratiotion n o$ o$ the the oonernershiship p o$ o$ **!**!+,+, hectares o$ the Freedom "slands! PEA also sought to ha#e -./!012 hectares o$ the Freedom "slands! PEA also sought to ha#e -./!012 hectares o$ submerged areas o$ 3anila ay to Amari!
hectares o$ submerged areas o$ 3anila ay to Amari! "SS4E: 5hether or not the trans$er is #alid!
"SS4E: 5hether or not the trans$er is #alid! 6E7%
6E7%: : &o! T&o! To o allallo o #ast areas o$ #ast areas o$ recreclaimlaimed lands ed lands o$ o$ the publicthe public domain to be trans$erred to Amari as pri#ate lands ill sanction a domain to be trans$erred to Amari as pri#ate lands ill sanction a gross #iolation o$ the constitutional ban on pri#ate corporations $rom gross #iolation o$ the constitutional ban on pri#ate corporations $rom ac8uiring any kind o$ alienable land o$ the public domain!
ac8uiring any kind o$ alienable land o$ the public domain! The Supreme Court
The Supreme Court a9rmed that the a9rmed that the 01*!, hectares o$ 01*!, hectares o$ reclaireclaimedmed lands comprising the Freedom "slands no co#ered by certi;cates lands comprising the Freedom "slands no co#ered by certi;cates o$ title in the
o$ title in the name o$ PEA are alienable lands o$ the public domain!name o$ PEA are alienable lands o$ the public domain! The
The 1.-!01 1.-!01 hectarhectares es o$ o$ submergsubmerged ed areas areas o$ o$ 3anila 3anila ay ay remainremain inalienable natural resources o$ the public domain! The trans$er (as inalienable natural resources o$ the public domain! The trans$er (as em
embodbodieied d in in a a jojoint int #en#enturture e agagrereemeement) nt) to to A3A3A'"A'" a a prpri#ai#atete corpora
corporation onership o$ tion onership o$ **!+, hectares o$ **!+, hectares o$ the Freedom "slands isthe Freedom "slands is #o
#oid id $o$or r bebeining g cocontntrarary ry to to SeSectctioion n + + ArArtiticlcle e <"<"" " o$ o$ ththe e 0.0.** Constitution hich prohibits pri#ate corporations $rom ac8uiring any Constitution hich prohibits pri#ate corporations $rom ac8uiring any kind o$ alienable land o$ the public domain! Furthermore since the kind o$ alienable land o$ the public domain! Furthermore since the Amended =>A also seeks to trans$er to Amari onership o$ -./!012 Amended =>A also seeks to trans$er to Amari onership o$ -./!012 hectares o$ still submerged areas o$ 3anila ay such trans$er is hectares o$ still submerged areas o$ 3anila ay such trans$er is #o
#oid id $o$or r bebeining g cocontntrarary ry to to SeSectctioion n - - ArArtiticlcle e <"<"" " o$ o$ ththe e 0.0.** Constitution hich prohibits the alienation o$ natural resources other Constitution hich prohibits the alienation o$ natural resources other than agricultural lands o$ the public domain!
than agricultural lands o$ the public domain! Krivenko vs. Register of Deeds
Krivenko vs. Register of Deeds F
FACTACTS: S: AleAle?and?ander er @ri#@ri#enkenko o an an aliealien n boubought ght a a reresidesidentiantial l lot lot inin %ecember o$ 0.,0! The registration as interrupted by ar! "n 0.,1 %ecember o$ 0.,0! The registration as interrupted by ar! "n 0.,1 he sought to accomplish the registration but as denied by the he sought to accomplish the registration but as denied by the register o$ deed on ground that being an alien he cannot ac8uire register o$ deed on ground that being an alien he cannot ac8uire land ithin the jurisdiction! @ri#enko appealed to the Court!
land ithin the jurisdiction! @ri#enko appealed to the Court!
"SS4ES: "SS4ES: 0!
0! 5het5hether or her or not an not an aliealien n undeunder r our Constiour Constitutiotution n may ac8uirmay ac8uiree residential land
residential land
-! 5hether or not the prohibitions o$ the rights to ac8uire residential -! 5hether or not the prohibitions o$ the rights to ac8uire residential lot that as already o$ pri#ate onership prior to the appro#al o$ lot that as already o$ pri#ate onership prior to the appro#al o$ this Constitutions is applicable at the case at bar
this Constitutions is applicable at the case at bar '47"&B:
'47"&B:
0! &! 4nder the Article <""" Section 0 o$ the Constitution states 0! &! 4nder the Article <""" Section 0 o$ the Constitution states that: All agricultural timber and mineral lands o$ the public domain that: All agricultural timber and mineral lands o$ the public domain ater minerals coal petroleum and other mineral oils all $orces o$ ater minerals coal petroleum and other mineral oils all $orces o$ pote
potentiantial l enerenergy gy and and othother er natunatural ral resresourources ces o$ o$ the the PhilPhilippiippinesnes be
belolong ng to to ththe e StStaatete anand d ththeeir ir didispspososititioion n e?e?plploioitatatitionon de#
de#eloelopmpmentent or or utiutiliDliDatiation on shashall ll be be limlimiteited d to to cicitiDtiDenens s o$ o$ thethe Phil
Philippiippines or nes or to to corcorporaporationtions s or or assoassociatciations at ions at lealeast st si?ty persi?ty per centum o$ the capital o$ hich is oned by such citiDens subject to centum o$ the capital o$ hich is oned by such citiDens subject to any e?isting right grant lease or concession at the time o$ the any e?isting right grant lease or concession at the time o$ the inauguration o$ the Bo#ernment established under this Constitution! inauguration o$ the Bo#ernment established under this Constitution! This
This means means to to say say that that under under the the pro#isiopro#isions ns o$ o$ the the ConstitutioConstitutionsns al
alieniens s arare e nonot t alalloloed ed to to acac8u8uirire e the the oonernershiship p o$ o$ urburban an oror re
residsidententiaial l lalands nds in in the the PhPhiliilippppineines s anand d as as coconsense8u8uencence e alalll ac8u
ac8uisitisitions ions madmade e in in contcontra#ra#entioention n o$ o$ the the proprohibihibitiontions s sincsince e thethe $undamental la became eecti#e are null and #oid per se and ab $undamental la became eecti#e are null and #oid per se and ab initio!
initio!
-! Prior to the Constitution there ere in the Public 7and Act &o! -! Prior to the Constitution there ere in the Public 7and Act &o! -*, sections 0-/ and 0-0 hich granted aliens the right to ac8uire -*, sections 0-/ and 0-0 hich granted aliens the right to ac8uire pri#
pri#ate only by ate only by ay o$ ay o$ recrecipriprocitocityy! ! "t is "t is to to be obser#ebe obser#ed d that thethat the pharase no land used in this section re$ers to all pri#ate lands pharase no land used in this section re$ers to all pri#ate lands hether strictly agricultural residentia
hether strictly agricultural residential l or otherise there or otherise there beingbeing practically no pri#ate land hich had not been ac8uired by any o$ practically no pri#ate land hich had not been ac8uired by any o$ the means pro#ided in said to sections! There$ore the prohibition the means pro#ided in said to sections! There$ore the prohibition contained in these to pro#isions as in eect that no pri#ate land contained in these to pro#isions as in eect that no pri#ate land could be trans$erred to aliens e?cept upon e?press authoriDation by could be trans$erred to aliens e?cept upon e?press authoriDation by the Philippine 7egislature to citiDens o$ Philippine "slands the same the Philippine 7egislature to citiDens o$ Philippine "slands the same right to ac8uire hold lease encumber dispose o$ or alienate land! right to ac8uire hold lease encumber dispose o$ or alienate land! "n other ords aliens ere granted the right
"n other ords aliens ere granted the right to ac8uire pri#ate landto ac8uire pri#ate land merely by ay o$ reciprocity!
merely by ay o$ reciprocity! Republic vs. CA and Lapina Republic vs. CA and Lapina
FACTS:
'espondent 3orato ;led a $ree patent application on a parcel o$ land hich as appro#ed and issued an original certi;cate o$ title! oth the $ree patent and title speci;cally mandate that the land shall not be alienated nor encumbered ithin 1 years $rom the date o$ the issuance o$ the patent! The %istrict 7and 9cer acting upon reports that 3orato had encumbered the land and upon ;nding that the subject land is submerged in ater during high tide and lo tide ;led a complaint $or cancellation o$ the title and re#ersion o$ the parcel o$ land to the public domain! 'TC dismissed the complaint! CA a9rmed!
"SS4E:
0! 5hether or not respondent #iolated the $ree patent condition prohibiting encumbering the land ithin the 1Gyear period
-! 5hether or not the land is o$ public domain 6E7%
0! Hes! Public 7and Act Sec! 0 pro#ides thatIlands ac8uired under $ree patent or homestead pro#isions shall not be subject to encumbrance or alienation $rom the date o$ appro#al o$ the application and $or a term o$ 1 years $rom and a$ter the date o$ issuance o$ the patent or grantIThe contracts o$ lease and mortgage e?ecuted by 3orato constitute an encumbrance as contemplated by section 0 o$ the Public 7and Act because such contracts impair the use o$ the property!
-! Hes! ased $rom the $acts the land is clearly $oreshore as it is subject to the ebb and Jo o$ the tide! 5hen the sea mo#ed toards the estate and the tide in#aded it the in#aded property became $oreshore land and passed to the realm o$ the public domain! "n Bo#ernment #! Cabangis the Court annulled the registration o$ land subject o$ cadastral proceedings hen the parcel subse8uently became $oreshore land! "n another case the Court #oided the registration decree o$ a trial court and held that said court had no jurisdiction to aard $oreshore land to any pri#ate person or entity! The subject land in this case being $oreshore land should there$or be returned to the public domain!
alabanan vs. Republic
FACTS: n -/ February 0.. 3ario 3alabanan ;led an application $or land registration be$ore the 'TC o$ Ca#iteGTagaytay co#ering a parcel o$ land situated in Silang Ca#ite consisting o$ *0+-, s8uare meters! 3alabanan claimed that he had purchased the property $rom Eduardo >elaDco and that he and his predecessorsGinGinterest had been in open notorious and continuous ad#erse and peace$ul possession o$ the land $or more than thirty (+/) years! >elaDco testi;ed that the property as originally belonged to a tentyGto hectare property oned by his greatGgrand$ather 7ino >elaDco! 7ino had $our sonsK enedicto Bregorio Eduardo and EstebanKthe $ourth being AristedesLs grand$ather! 4pon 7inoLs death his $our sons inherited the property and di#ided it among themsel#es! ut by 0.22 EstebanLs i$e 3agdalena had become the administrator o$ all the properties inherited by the >elaDco sons $rom their $ather 7ino! A$ter the death o$ Esteban and 3agdalena their son >irgilio succeeded them in administering the properties including 7ot .2,G A hich originally belonged to his uncle Eduardo >elaDco! "t as this property that as sold by Eduardo >elaDco to 3alabanan!
Among the e#idence presented by 3alabanan during trial as a Certi;cation dated 00 =une -//0 issued by the Community En#ironment M &atural 'esources 9ce %epartment o$ En#ironment and &atural 'esources (CE&'G%E&') hich stated that the subject property as N#eri;ed to be ithin the Alienable or %isposable land per 7and Classi;cation 3ap &o! +/0+ established under Project &o! -/GA and appro#ed as such under FA ,G0212 on 3arch 01 0.-!O n + %ecember -//- the 'TC appro#ed the application $or registration!
The 'epublic interposed an appeal to the Court o$ Appeals arguing that 3alabanan had $ailed to pro#e that the property belonged to the alienable and disposable land o$ the public domain and that the 'TC had erred in ;nding that he had been in possession o$ the property in the manner and $or the length o$ time re8uired by la $or con;rmation o$ imper$ect title! n -+ February -//* the Court o$ Appeals re#ersed the 'TC ruling and dismissed the appliocation o$ 3alabanan!
"SS4ES:
0! "n order that an alienable and disposable land o$ the public domain may be registered under Section 0,(0) o$ Presidential %ecree &o! 01-. otherise knon as the Property 'egistration
o$ =une 0- 0.,1 or is it su9cient that such classi;cation occur at any time prior to the ;ling o$ the applicant $or registration pro#ided that it is established that the applicant has been in open continuous e?clusi#e and notorious possession o$ the land under a bona ;de claim o$ onership since =une 0- 0.,1 or earlier
-! For purposes o$ Section 0,(-) o$ the Property 'egistration %ecree may a parcel o$ land classi;ed as alienable and disposable be deemed pri#ate land and there$ore susceptible to ac8uisition by prescription in accordance ith the Ci#il Code
+! 3ay a parcel o$ land established as agricultural in character either because o$ its use or because its slope is belo that o$ $orest lands be registrable under Section 0,(-) o$ the Property 'egistration %ecree in relation to the pro#isions o$ the Ci#il Code on ac8uisiti#e prescription
,! Are petitioners entitled to the registration o$ the subject land in their names under Section 0,(0) or Section 0,(-) o$ the Property 'egistration %ecree or both
6E7%:
The Pertition is denied!
(0) "n connection ith Section 0,(0) o$ the Property 'egistration %ecree Section ,(b) o$ the Public 7and Act recogniDes and con;rms that Nthose ho by themsel#es or through their predecessors in interest ha#e been in open continuous e?clusi#e and notorious possession and occupation o$ alienable and disposable lands o$ the public domain under a bona ;de claim o$ ac8uisition o$ onership since =une 0- 0.,1O ha#e ac8uired onership o$ and registrable title to such lands based on the length and 8uality o$ their possession!
(a) Since Section ,(b) merely re8uires possession since 0- =une 0.,1 and does not re8uire that the lands should ha#e been alienable and disposable during the entire period o$ possession the possessor is entitled to secure judicial con;rmation o$ his title thereto as soon as it is declared alienable and disposable subject to the time$rame imposed by Section ,* o$ the Public 7and Act!
(b) The right to register granted under Section ,(b) o$ the Public 7and Act is $urther con;rmed by Section 0,(0) o$ the Property
(-) "n complying ith Section 0,(-) o$ the Property 'egistration %ecree consider that under the Ci#il Code prescription is recogniDed as a mode o$ ac8uiring onership o$ patrimonial property! 6oe#er public domain lands become only patrimonial property not only ith a declaration that these are alienable or disposable! There must also be an e?press go#ernment mani$estation that the property is already patrimonial or no longer retained $or public ser#ice or the de#elopment o$ national ealth under Article ,-- o$ the Ci#il Code! And only hen the property has become patrimonial can the prescripti#e period $or the ac8uisition o$ property o$ the public dominion begin to run!
(a) Patrimonial property is pri#ate property o$ the go#ernment! The person ac8uires onership o$ patrimonial property by prescription under the Ci#il Code is entitled to secure registration thereo$ under Section 0,(-) o$ the Property 'egistration %ecree!
(b) There are to kinds o$ prescription by hich patrimonial property may be ac8uired one ordinary and other e?traordinary! 4nder ordinary ac8uisiti#e prescription a person ac8uires onership o$ a patrimonial property through possession $or at least ten (0/) years in good $aith and ith just title! 4nder e?traordinary ac8uisiti#e prescription a personLs uninterrupted ad#erse possession o$ patrimonial property $or at least thirty (+/) years regardless o$ good $aith or just title ripens into onership!
"t is clear that the e#idence o$ petitioners is insu9cient to establish that 3alabanan has ac8uired onership o#er the subject property under Section ,(b) o$ the Public 7and Act! There is no substanti#e e#idence to establish that 3alabanan or petitioners as his predecessorsGinGinterest ha#e been in possession o$ the property since 0- =une 0.,1 or earlier! The earliest that petitioners can date back their possession according to their on e#idencethe Ta? %eclarations they presented in particularis to the year 0.,! Thus they cannot a#ail themsel#es o$ registration under Section 0,(0) o$ the Property 'egistration %ecree!
&either can petitioners properly in#oke Section 0,(-) as basis $or registration! 5hile the subject property as declared as alienable or disposable in 0.- there is no competent e#idence that is no longer intended $or public use ser#ice or $or the de#elopment o$ the national e#idence con$ormably ith Article ,-- o$ the Ci#il Code! The classi;cation o$ the subject property as alienable and
property o$ the public dominion under Article ,-/(-) o$ the Ci#il Code! Thus it is insusceptible to ac8uisition by prescription!
Republic vs. !aguiat
e$ore the Court is this petition $or re#ie under 'ule ,1 o$ the 'ules o$ Court seeking the re#ersal o$ the %ecision0 dated 3ay -. 0.. o$ the Court o$ Appeals (CA) in CAGB!'! C> &o! +*//0 hich a9rmed an earlier decision- o$ the 'egional Trial Court at "ba Qambales ranch 2. in 7and 'egistration Case &o! &G-1G0!
The decision under re#ie recites the $actual backdrop as $ollos: This is an application $or registration o$ title to $our (,) parcels o$
land located in Panan otolan Qambales more particularly described in the amended application ;led by Celestina &aguiat on -. %ecember 0.. ith the 'egional Trial Court o$ Qambales ranch 2.! Applicant Rherein respondent alleges inter alia that she is the oner o$ the said parcels o$ land ha#ing ac8uired them by purchase $rom the 7"% Corporation hich likeise ac8uired the same $rom %emetria Calderon =ose;na 3oraga and Fausto 3onje and their predecessorsGinGinterest ho ha#e been in possession thereo$ $or more than thirty (+/) years and that to the best o$ her knoledge said lots suer no mortgage or encumbrance o$ hate#er kind nor is there any person ha#ing any interest legal or e8uitable or in possession thereo$!
n -. =une 0../ the 'epublic o$ the Philippines Rherein petitioner! ! ! ;led an opposition to the application on the ground that neither the applicant nor her predecessorsGin interest ha#e been in open continuous e?clusi#e and notorious possession and occupation o$ the lands in 8uestion since 0- =une 0.,1 or prior thereto that the muniments o$ title and ta? payment receipts o$ applicant do not constitute competent and su9cient e#idence o$ a bonaG;de ac8uisition o$ the lands applied $or or o$ his open continuous e?clusi#e and notorious possession and occupation thereo$ in the concept o$ (an) oner that the applicantLs claim o$ onership in $ee simple on the basis o$ Spanish title or grant can no longer be a#ailed o$ ! ! ! and that the parcels o$ land applied $or are part o$ the public domain belonging to the 'epublic o$ the Philippines not subject to pri#ate appropriation!
n 01 ctober 0../ the loer court issued an order o$ general de$ault as against the hole orld ith the e?ception o$ the 9ce
o$ the Solicitor Beneral and proceeded ith the hearing o$ this registration case!
A$ter she had presented and $ormally oered her e#idence ! ! ! applicant rested her case! The Solicitor Beneral thru the Pro#incial Prosecutor interposed no objection to the admission o$ the e?hibits! 7ater ! ! ! the Pro#incial Prosecutor mani$est (sic) that the Bo#ernment had no e#idence to adduce! +
"n a decision, dated September +/ 0..0 the trial court rendered judgment $or herein respondent Celestina &aguiat adjudicating unto her the parcels o$ land in 8uestion and decreeing the registration thereo$ in her name thus:
56E'EF'E premises considered this Court hereby adjudicates the parcels o$ land situated in Panan otolan Qambales appearing on Plan APG/+G//+,,* containing an area o$ +0+0 s8uare meters appearing on Plan APG/+G//+,,2 containing an area o$ 01+--containing an area o$ 01+* s8uare meters to herein applicant Celestina T! &aguiat o$ legal age Filipino citiDen married to 'ommel &aguiat and a resident o$ Angeles City Pampanga together ith all the impro#ements e?isting thereon and orders and decrees registration in her name in accordance ith Act &o! ,.2 Commonealth Act &o! 0, Rshould be 0,0 as amended and Presidential %ecree &o! 01-.! This adjudication hoe#er is subject to the #arious easementsUreser#ations pro#ided $or under pertinent las presidential decrees andUor presidential letters o$ instructions hich should be annotatedU projected on the title to be issued! And once this decision becomes ;nal let the corresponding decree o$ registration be immediately issued! (5ords in bracket added)
5ith its motion $or reconsideration ha#ing been denied by the trial court petitioner 'epublic ent on appeal to the CA in CAGB!'! C> &o! +*//0!
As stated at the outset hereo$ the CA in the herein assailed decision o$ 3ay -. 0.. a9rmed that o$ the trial court to it: 56E'EF'E premises considered the decision appealed $rom is hereby AFF"'3E%!
S '%E'E%!
the e#idence since respondent has not established ith the re8uired e#idence her title in $ee simple or imper$ect title in respect o$ the subject lots hich ould arrant their registration under I (P!%! 01-. or Public 7and Act (C!A!) 0,0! "n particular petitioner 'epublic $aults the appellate court on its ;nding respecting the length o$ respondentLs occupation o$ the property subject o$ her application $or registration and $or not considering the $act that she has not established that the lands in 8uestion ha#e been declassi;ed $rom $orest or timber Done to alienable and disposable property!
Public $orest lands or $orest reser#es unless declassi;ed and released by positi#e act o$ the Bo#ernment so that they may $orm part o$ the disposable agricultural lands o$ the public domain are not capable o$ pri#ate appropriation!1 As to these assets the rules on con;rmation o$ imper$ect title do not apply!2 Bi#en this postulate the principal issue to be addressed turns on the 8uestion o$ hether or not the areas in 8uestion ha#e ceased to ha#e the status o$ $orest or other inalienable lands o$ the public domain! Forests in the conte?t o$ both the Public 7and Act* and the Constitution classi$ying lands o$ the public domain into agricultural $orest or timber mineral lands and national parks do not necessarily re$er to a large tract o$ ooded land or an e?panse co#ered by dense groth o$ trees and underbrush! As e stated in 6eirs o$ Amunategui .G
A $orested area classi;ed as $orest land o$ the public domain does not lose such classi;cation simply because loggers or settlers ha#e stripped it o$ its $orest co#er! Parcels o$ land classi;ed as $orest land may actually be co#ered ith grass or planted to crops by kaingin culti#ators or other $armers! Forest lands do not ha#e to be on mountains or in out o$ the ay places! ???! The classi;cation is merely descripti#e o$ its legal nature or status and does not ha#e to be descripti#e o$ hat the land actually looks like! ???
4nder Section - Article <"" o$ the Constitution0/ hich embodies the 'egalian doctrine all lands o$ the public domain belong to the State K the source o$ any asserted right to onership o$ land!00 All lands not appearing to be clearly o$ pri#ate dominion presumpti#ely belong to the State!0- Accordingly public lands not shon to ha#e been reclassi;ed or released as alienable agricultural land or alienated to a pri#ate person by the State remain part o$ the
the prerogati#e o$ classi$ying or reclassi$ying lands o$ the public domain i!e! $rom $orest or mineral to agricultural and #ice #ersa belongs to the E?ecuti#e ranch o$ the go#ernment and not the court!0, &eedless to stress the onus to o#erturn by incontro#ertible e#idence the presumption that the land subject o$ an application $or registration is alienable or disposable rests ith the applicant!01
"n the present case the CA assumed that the lands in 8uestion are already alienable and disposable! 5rote the appellate court:
The theory o$ Rpetitioner that the properties in 8uestion are lands o$ the public domain cannot be sustained as it is directly against the abo#e doctrine! Said doctrine is a rea9rmation o$ the principle established in the earlier cases ! ! ! that open e?clusi#e and undisputed possession o$ alienable public land $or period prescribed by la creates the legal ;ction hereby the land upon completion o$ the re8uisite period ipso jure and ithout the need o$ judicial or other sanction ceases to be public land and becomes pri#ate property I! (5ord in bracket and underscoring added!)
The principal reason $or the appellate courtLs disposition ;nding a registerable title $or respondent is her and her predecessorGinG interestLs open continuous and e?clusi#e occupation o$ the subject property $or more than +/ years! Prescinding $rom its abo#e assumption and ;nding the appellate court ent on to conclude citing %irector o$ 7ands #s! "ntermediate Appellate Court ("AC)02 and 6erico #s! %A'0* among other cases that upon the completion o$ the re8uisite period o$ possession the lands in 8uestion cease to be public land and become pri#ate property!
%irector o$ 7ands 6erico and the other cases cited by the CA are not hoe#er inning cards $or the respondent $or the simple reason that in said cases the disposable and alienable nature o$ the land sought to be registered as established or at least not put in issue! And there lies the dierence!
6ere respondent ne#er presented the re8uired certi;cation $rom the proper go#ernment agency or o9cial proclamation reclassi$ying the land applied $or as alienable and disposable! 3atters o$ land classi;cation or reclassi;cation cannot be assumed! "t calls $or proo$!0 Aside $rom ta? receipts respondent submitted in e#idence the sur#ey map and technical descriptions o$ the lands hich
classi;cation o$ the property! As the Court has held hoe#er these documents are not su9cient to o#ercome the presumption that the land sought to be registered $orms part o$ the public domain!0. "t cannot be o#eremphasiDed that unarranted appropriation o$ public lands has been a notorious practice resorted to in land registration cases!-/ For this reason the Court has made it a point to stress hen appropriate that declassi;cation o$ $orest and mineral lands as the case may be and their con#ersion into alienable and disposable lands need an e?press and positi#e act $rom the go#ernment!-0
The $oregoing considered the issue o$ hether or not respondent and her predecessorGinGinterest ha#e been in open e?clusi#e and
continuous possession o$ the parcels o$ land in 8uestion is no o$ little moment! For unclassi;ed land as here cannot be ac8uired by ad#erse occupation or possession occupation thereo$ in the concept o$ oner hoe#er long cannot ripen into pri#ate onership and be registered as
title!--56E'EF'E the instant petition is B'A&TE% and the assailed decision dated 3ay -. 0.. o$ the Court o$ Appeals in CAGB!'! C> &o! +*//0 is 'E>E'SE% and SET AS"%E! Accordingly respondentLs application $or original registration o$ title in 7and 'egistration Case &o! &G-1G0 o$ the 'egional Trial Court at "ba Qambales ranch 2. is %E&"E%!
