On February 28, 1998, Arthur filed an application for registration of title of a lot in Temate, Cavite before the Regional Trial Court of Naic, Cavite under Section 48(b) of Commonwealth Act No. 141 (CA 141) for judicial confirmation ofimperfect title. Section 48(b) of CA 141 requires possession counted from June 12, 1945. Arthur presented testimonial and documentary evidence that his possession and that of his predecessors-ininterest started in 1936. The lot was declared alienable and disposable (A and D) in 1993 based on a PENRO certification and a certified true copy of the original classification made by the DENR Secretary. The government opposed the application on the ground that the lot was certified A and D only in 1993 while the application was instituted only in 1998. Arthur’s possession of five (5) years from the date of declaration does not comply with the 30-year period required under CA 141. Should the possession of Arthur be reckoned from the date when the lot was declared A and D or from the date of actual possession of the applicant? Explain. (5%)
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Arthur's possession should be reckoned from the date of his actual possession starting in 1936, rather than from the 1993 declaration of alienability. Under Section 48(b) of CA 141 and Section 14(1) of PD 1529, an applicant must prove
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Quick check
Under Section 48(b) of CA 141 and Section 14(1) of PD 1529, from what date is the applicant's possession reckoned?
Possession is reckoned from the date of actual possession starting June 12, 1945 or earlier.
According to Republic v. Naguit, when must the land be declared alienable and disposable for registration under Section 14(1) of PD 1529?
Under Naguit, the land need only be declared alienable and disposable at the time the registration application is filed.
What is the effect of possessing land prior to its official declaration as alienable and disposable under the Naguit doctrine?
Possession prior to the declaration of alienability is credited in favor of the applicant.
What documentary evidence is required to prove that land is alienable and disposable public land?
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Why did Arthur's land registration application prosper despite the land being declared alienable only in 1993?
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Learn more about these topics
1. Actual Possession Reckoning
Under Section 48(b) of Commonwealth Act No. 141, as amended, in relation to Section 14(1) of Presidential Decree No. 1529, the requisite period of open, continuous, exclusive, and notorious possession is reckoned from the date of actual possession starting June 12, 1945 or earlier, rather than from the date when the public land was officially classified as alienable and disposable. The statutory requirement dictates that the applicant and his predecessors-in-interest must have possessed the property since the specified cutoff date, regardless of when the administrative classification converting the property into alienable land occurred.
2. Naguit Malabanan Doctrine
Under the doctrine established in Republic v. Naguit and affirmed in Heirs of Malabanan v. Republic, for land registration under Section 14(1) of PD 1529 or Section 48(b) of CA 141, the land need only be declared alienable and disposable at the time the application for registration is filed. Possession prior to the formal declaration of alienability is credited in favor of the applicant, provided the land has been declared alienable and disposable when judicial proceedings commence. The law does not require that the land be alienable during the entire period of possession.
3. Proof Land Classification
To successfully apply for judicial confirmation of imperfect title, the applicant must establish by positive government evidence that the land is alienable and disposable public land. Proof of alienability requires a certified true copy of the original classification approved by the DENR Secretary and an official certification issued by the proper environment officer, such as a PENRO or CENRO. Once alienability is duly proven prior to or at the time of application, actual possession dating back to June 12, 1945 or earlier satisfies the statutory period for registration.