2017 Civil Law, Q2

In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in Mindoro. Rigor’s tract was classified as timber land while Mike’s was classified as agricultural land. Each of them fenced and cultivated his own tract continuously for 30 years. In 1991, the Government declared the land occupied by Mike as alienable and disposable, and the one cultivated by Rigor as no longer intended for public use or public service.
Rigor and Mike now come to you today for legal advice in asserting their right of ownership of their respective lands based on their long possession and occupation since 1960.
(a) What are the legal consequences of the 1991 declarations of the Government respecting the lands? Explain your answer. (2%)
(b) Given that, according to Section 48(b) of Commonwealth Act No. 141, in relation to Section 14(1) of Presidential Decree No. 1529, the open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain as basis for judicial confirmation of imperfect title must be from June 12, 1945, or earlier, may Mike nonetheless validly base his assertion of the right of ownership on prescription under the Civil Code? Explain your answer. (4%)
(c) Does Rigor have legal basis for his application for judicial confirmation of imperfect title based on prescription as defined by the Civil Code given that, like Mike, his open, continuous, exclusive and notorious possession and occupation was not since June 12, 1945, or earlier, and his tract of land was timber land until the declaration in 1991? Explain your answer. (4%)

Quick check

Under Heirs of Malabanan v. Republic, what is the legal effect of declaring public land as alienable and disposable?

Why is Mike unable to claim ownership of his agricultural land via Civil Code acquisitive prescription?

When does the 30-year period for extraordinary acquisitive prescription begin to run against State property?

Why is Rigor's claim of extraordinary acquisitive prescription under the Civil Code legally insufficient today?

Under Section 14(1) of P.D. 1529, what is the required starting point of possession for judicial confirmation of imperfect title?

Learn more about these topics

1. Public Land Classification
Under Heirs of Malabanan v. Republic, the declaration of public land as alienable and disposable merely opens it to disposition under the Public Land Act, but does not automatically convert it into patrimonial property. Property of the public domain retains its public character until there is an express declaration by the State that it is no longer needed for public service or development. Without an express conversion into patrimonial property, land of the public domain remains outside the commerce of man and cannot be acquired through acquisitive prescription under the Civil Code.

2. Patrimonial Property Prescription
Under Article 1113 in relation to Article 1137 of the Civil Code, only patrimonial property of the State is susceptible to acquisitive prescription. For extraordinary acquisitive prescription to apply, thirty years of open, continuous, exclusive, and notorious possession in the concept of an owner is required. However, this thirty-year prescriptive period begins to run only from the exact time the property is expressly declared by the State as patrimonial property or no longer intended for public use or public service, and not from the commencement of actual physical possession.

3. Imperfect Title Requisites
Under Section 14(1) of Presidential Decree No. 1529 and Commonwealth Act No. 141, judicial confirmation of imperfect title requires open, continuous, exclusive, and notorious possession of alienable public land since June 12, 1945, or earlier. Applicants who began possession after June 12, 1945 cannot register title under Section 14(1). Furthermore, possession of land prior to its declaration as alienable and disposable or patrimonial cannot be counted toward prescription because public domain lands cannot be adversely possessed against the State.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026