CHAPTER X

Evidence Required
Evidence Required 2. Legislative Acts
a. Proof of classification
RA 3990 (1964) — Act to establish a central experiment station forUP
b. Identity of land
International Hardwood and Veneer Co. of the Philippines v. UP: The
c. Proof of ownership
passage of RA 3990 establishes a central experiment station for the
use of UP in connection with its research and extension functions.
A. Proof of Classification The legislative act which ceded a portion of a public forest and
The land must be classified as alienable and disposable land of granted title over it to UP may be taken notice and used as basis to
public domain, hence, registrable; the possession and occupation apply for registration of title thereto.

thereof must be for the length of time and in the manner required by
law. If private ownership is claimed not because of applicant’s When by law, a portion of public forest is ceded and transferred to
possession, the muniments of title must be submitted
an agency of the government as a juridical entity, it is completely
removed from the public domain, as in the instant case. That RA
1. Presidential Proclamations and other executive acts 3990 intended a transfer of the absolute ownership is unequivocally
What may be submitted as proof of classification. Presidential evidenced by its use of the word “full” to describe it. “Full” means
proclamations and other executive acts, including Land entire, complete, or possessing all particulars, or not wanting in any
Classification maps, reports, or certification of Director Forester or essential quality.

Bureau of Lands Investigator.

RA 274 (1948) — an Act authorising the Director of Lands to

What may not be enough as proof of classification. A survey plan, subdivide lands within military reservations

even if approved by the Bureau of Lands, does not convert such The Director of Lands shall cause the subdivision of lands within
land into alienable land, much less private property. A mere notation military reservations owned by the Republic which may be declared
by the surveyor in the survey plan that the land is alienable and by the President as no longer needed for military purposes.

disposable is also not enough as he has no power to classify lands.

All lands so subdivided, except such portion thereof as may be

Republic v. Bacus: The mere fact that the area in which the land is needed for the public service may, with the approval of the
located has become Highly Developed Residential or Commercial President, be sold to persons qualified to acquire agricultural public
Land and actually no longer Forest Land does not alter the lot’s lands under the provisions of CA No. 141 and Act No. 338, provided,
status as Forest Land. Take note that the subject property has not however, that in the sale thereof, priority shall be given:

yet been declassified as forest land and is not, therefore, nor was it - first, to bona fide occupants of such lands and

before, susceptible of private ownership.

- thereafter to war veterans of the past war including members of
the USAFFE, recognised guerrillas, and deserving members of
Chavez v. Public Estates Authority (PEA) and Amari: PD No. 1085 unrecognised guerrilla organisations

coupled with the President’s actual issuance of a Special Patent

covering the Freedom Islands is equivalent to an official B. Identity of Land
proclamation classifying the Freedom Islands as alienable or Survey Plan approved by the Bureau of Lands. The survey plan of
disposable lands of the public domain. Thus, the constitutional the property which shows the boundaries and total area clearly
provision prohibiting private corporations from holding public land, identifying and delineating the extent of the land must be approved
except by lease, does not apply to reclaimed lands whose by the Bureau of Lands; otherwise, it cannot be considered as
ownership has passed on to PEA by statutory grant.
evidence.

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 CHAPTER X
Evidence Required
The system of registration under the Spanish Mortgage Law is
Survey Plan confirmed by Tax Declarations. Even if duly approved, discontinued and all lands recorded under said system which are not
the survey plan is not entitled to credit if the survey plan shows that yet covered by Torrens title shall be considered as unregistered
the lots sought to be registered have areas very much bigger than lands.

those indicated in the tax declarations of the same lots.

Don Mariano San Pedro v. CA: All holders of Spanish titles or grants
Del Rosario v. Republic: The submission in evidence of the original should cause their lands covered by Spanish Mortgage Law to be
tracing cloth plan, or Sepia copy (diazo polyester film) duly approved registered under the Land Registration Act within 6 months from the
by the Bureau of Lands, in cases for application of original date of effectivity of PD 892 (or until August 16, 1976). Otherwise,
registration of land is a mandatory requirement. The reason for this noncompliance therewith will reclassify the lands as unregistered.

rule is to establish the true identity of the land to ensure that it does
not overlap a parcel of land or a portion thereof already covered by a 2. Tax Declarations and Realty Tax Payments: not conclusive
previous land registration, and to forestall the possibility that it will evidence of ownership
be overlapped by a subsequent registration of any adjoining land.
The failure to comply with this requirement us fatal to the application Viernes, et al. v. Agpaoa: While it is true that tax declarations and
for registration.
tax receipts may be considered as evidence of a claim of ownership,
and when taken in connection with possession, it may be a valuable
While submission of the original tracing cloth plan dual approved by support of one’s title by prescription. Nevertheless, the mere
the Bureau of Lands is mandatory, substantial compliance is payment of taxes does not confer nor prove it.

nevertheless allowed. Thus, blue print copies of the original tracing

plan and technical description satisfy the requirement on the Director of Lands v. CA and Divinaflor: While tax declarations or tax
identification of the subject land.
receipts are good indicia of possession in the concept of owner, it
does not necessarily follow that belated declaration of the same tax
Director of Lands v. Funtilar: Tax declarations may also be submitted purposes negates the fact of possession, especially in the instant
as evidence of identity of land.
case where there are no other persons claiming interest in the
subject lot.

C. Proof of Private Ownership

1. Spanish Titles: cannot be used as evidence of land ownership Director of Lands v. Funtilar: The fact of possession is bolstered by
in any registration proceedings under the Torrens System under the following:

PD 892 (1976) a. Forfeiture of the land in favour of the government. It would

be absurd under the circumstances of the case to rule that
Spanish titles are now inadmissible and ineffective proof of the government would order the forfeiture of property for
ownership in land registration proceedings filed after August 16, nonpayment of real estate taxes if property is forest land

1976. Within 6 months from the effectivity of PD 892, all holders of b. The heirs of Candida Fernandez redeemed the property
Spanish title grants should apply for registration under Act 496 (Land because they wanted to keep the land of the deceased in
Registration Act). Thereafter, all instruments affecting lands originally the possession of their family, thus continuing prior
registered under the Spanish Mortgage Law may be recorded under possession. The applicant’s witnesses testified to their
Revised Administrative Code as amended by Act 3344.
personal knowledge of more than 50 year possession.

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 CHAPTER X
Evidence Required
3. Presidential Proclamations: constitute a fee simple title or CA 141, The Public Land Act, Section 87:

absolute title in favour if the grantee; grants or patents involving If all the lands included in the proclamation of the President are not
public lands must be brought under the operation of the Torrens registered under the Land Registration Act, the Solicitor-General, if
system to become registered land requested to do so by the Secretary of Agriculture and Commerce,
shall proceed in accordance with the provision of section fifty-three
Presidential Proclamations constitutes a fee simple title or absolute of this Act.

title in favour of the grantee

Republic v CA: PD 350 (1956) granted a land to the Mindanao The President has authority to reclassify lands from one class to
Medical Centre which validity is sufficient for initial registration under another
the Land Registration Act. Such land grant is constitutive of a “fee
simple” title or absolute title in favour of Mindanao Medical Centre. Republic v. Octobre: Pursuant to Revised Administrative Code,
PD 350 proceeds from the recognised competence of the President Section 64 (e), the President has authority to reclassify lands from
to reserve by executive proclamation alienable lands of the public agricultural to reserved area and vice-versa. This reclassification may
domain for a specific public use or service by virtue of Revised be effected any time and in a similar manner, that is, by presidential
Administrative Code and Public Land Act.
action. It cannot be rightfully claimed, therefore, that the release from
reservation of a certain portion of the area originally intended for the
Revised Administrative Code, Section 64 (e):
use of the Mountain National Agricultural School by a subsequent
The president may reserve from sale or other disposition and for proclamation of the President, is not in accordance with law.

specific public uses for service, any land belonging to the private
domain of the Government, the use of which is not otherwise 4. Possession: a mode of acquiring ownership
directed by law. The land reserved shall be used for the specific Open, actual, notorious, peaceful, and adverse possession in the
purposes directed by such executive order until otherwise provided concept of an owner os alienable public land for the period
by law.
prescribed by law creates the legal fiction whereby the land, upon
completion if the requisite period, ipso jure and without the need of
CA 141, The Public Land Act, Section 83:
judicial order or others sanctions, ceases to be public land and
The President may designate by proclamation any tract or tracts of becomes private property. The possessor is deemed to have
land of the public domain as reservations for the use of the acquired by operation of law, a right grant, a government grant,
commonwealth of the Philippines or of any of its branches or of the without the necessity of a certificate of title being issued.

inhabitants thereof, … or for quasi-public uses or purposes when the

public interest requires it, including reservations for… other Doctrine of constructive possession —

improvements for the public benefit. Grants or patents involving Ramos v. Director of Lands: Doctrine of constructive possession
public lands must be brought under the operation of the Torrens means that as a general rule, the possession and cultivation of a
system to become registered land.
portion of a tract under claim of ownership of all is a constructive
possession of all, if the remainder is not in the adverse possession of
Act 496, Land Registration Act, Section 122:
another. Possession in the eyes of the law does not mean that a man
Whenever public lands in the Philippines belonging to the has to have his feet on every square meter of ground before it can
Government are alienated, granted, or conveyed to persons or to be said that he is in possession.

public or private corporations, the same shall be brought forthwith

under the operation of this Act and shall become registered lands.

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 CHAPTER X
Evidence Required
The possession must be reckoned from June 12, 1945 or earlier, for predecessors-in-interest have been in open, continuous,
lands of the public domain exclusive, and notorious possession and occupation of alienable
Republic v. CA and Naguit (2005) Republic v. Herbieto (2005) and disposable lands of the public domain under a bona fide
claim of acquisition of ownership, since June 12, 1945” have
Re Possession of land Re Classification of land acquired ownership of, and registrable title to, such lands based
on the length and quality of their possession.

Even if the land was declared alienable The reckoning of the possession of an
and disposable only in 1980, if the applicant for judicial confirmation of (2) Since Section 48(b) merely requires possession since June 12,
applicant has occupied it in the manner imperfect title should be counted only 1945, and does not require that the lands should have been
and for the number of years required by from the date when the lot was alienable and disposable during the entire period of possession,
law (since June 12, 1945), then he has classified as alienable and disposable. the possessor is entitled to secure judicial confirmation of his title
registrable title to the land. Possession before the lot was classified thereto as soon as it is declared alienable and disposable,
as alienable and disposable is
inconsequential and must be excluded subject to the timeframe imposed by Section 47 of the Public
in the computation of the period of Land Act.

possession. (3) The right to register granted under Section 48(b) of the Public
Land Act is further confirmed by Section 14(1) of the Property
The Court held a less stringent This ruling is very stringent and
requirement in the application of Section restrictive, for there can be no perfection Registration Decree.

14(1) of PD 1529 in that the reckoning of title when the declaration of public
for the period of possession of the agricultural land as alienable and The requirement of possession does not apply to Patrimonial
property and it is sufficient for the disposable is made after June 12, 1945, Property
property sought to be registered to be if one is to comply with the mandatory
already alienable and disposable at the period under Section 14(1) PD 1529.
time of the application for registration of Patrimonial Property —

title is filed. It is private property of the government. Public domain lands

become only patrimonial property with a declaration that these are
Prevailing Jurisprudence:
alienable or disposable. There must also be an express government
Heirs of Malabanan v. Republic (2009)
manifestation that the property is already patrimonial or no longer
The Court upheld the Naguit and abandoned the stringent ruling in Herbieto. The retained for public service or the development of national wealth,
Court ruled that the more reasonable interpretation of Section 14(1) of PD 1529 is under Art. 422 of the Civil Code. And only when the property has
that it merely requires the property sought to be registered as already alienable and become patrimonial can the prescriptive period for the acquisition of
disposable at the time the application for registration of titles is filed.
property of the public domain begin to run under Section 14(2) of the
The OSG’s position that for one to acquire the right to seek registration of an Property Registration Act.

alienable and disposable land of the public domain, it is not enough that the
applicant and his predecessor-in-interest be in possession since June 12, 1945, the Two kinds of prescription by which patrimonial property may be
alienable and disposable character of the property must have been declared also acquired—

as of June 12, 1945. Such position would result in absurdity and would render 1. Ordinary acquisitive prescription: possession for at least 10
Section 14(1) virtually inoperative.
years in good faith and with just titles

The doctrines laid down by the Court in Malabanan are as follows:

2. Extraordinary acquisitive prescription: uninterrupted adverse
(1) In connection with Section 14(1) of the Property Registration possession for at least 30 years, regardless of good faith or just
Decree, Section 48(b) of the Public Land Act recognises and title
confirms that “those who by themselves or through their

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