Luningning del Rosario-Igtiben, et al. v.

Republic and CA
GR No. 158449 | October 22, 2004 | Chico-Nazario
Facts: In 1998, the Igtibens filed an application for registration of land under PD 1529, Sec. 14. They
alleged that they acquired the 2,988 m 2 lot in Brgy. Malabag, Silang, Cavite by purchase, and that they, by
themselves and through their predecessors-in-interest, had been in actual, continuous, uninterrupted,
open, public, and adverse possession of the lot in the concept of owner for more than 30 years. No
opposition so the Igtibens presented their evidence.
The history of possession of the lot was traced back to 1958, when it was first declared for tax purposes
by Justina Hintog. In 1968 the lot was possessed by Teodoro Calanog then it was allegedly inherited by
his daughter, Agatona Calanog. Her husband, Alfredo Tonido supposedly purchased the same from
Teodoro, his father-in-law. Alfredo Tonido planted palay, sayote, coffee, guyabano and other fruit-bearing
trees. When Agatona died, widower Alfredo Tonido and his children shared possession of the lot. In 1995,
the Tonido family sold On 21 November 1995, the Tonido family sold the lot to petitioners, as evidenced
by a Deed of Absolute Sale. The history was supported by tax declarations from 1958 to 1998.
MCTC: approved application for registration
CA: set aside MCTC and dismissed petition for registration because failed to prove OCEN possession
and occupation since 12 June 1945 or earlier.
Issue: WoN the Igtibens are entitled to registration/judicial confirmation of imperfect or incomplete title
Held: No. Requisite #2 for judicial confirmation of imperfect or incomplete title under the Public Land Act
was not met.
An applicant for judicial confirmation of an imperfect or incomplete title under the Public Land Act must be
able to prove that: (1) the land is alienable public land; and (2) his OCEN possession and occupation of
the same must either be since time immemorial or for the period prescribed in the Public Land Act.
CAB: #1 is undisputed, it is alienable public land. #2 is the issue in this case
Section 48(b) of the Public Land Act, as amended by PD No. 1073, presently requires, for judicial
confirmation of an imperfect or incomplete title, the possession and occupation of the piece of land by the
applicants, by themselves or through their predecessors-in-interest, since 12 June 1945 or earlier.
CAB: The earliest period that the applicants could claim ownership over the property is in 1958 through a
tax declaration. This is far later than June 12, 1945, the date prescribed by law that the applicants
possession under claim of ownership should have begun at the latest.
RA 6940 (which requires possession and occupation of land for 30 years) DID NOT REPEAL Public Land
Act, Sec. 48 (b).The section that the Igbitens rely on is for free patents, not for judicial confirmation of
imperfect or incomplete title.
SUMMARY
(1) Public Land Act, Sec. 44, as amended by RA 6940, which provides for a prescriptive period of 30
years possession, applies only to applications for free patents;
(2) CAB: judicial application for confirmation of an imperfect or incomplete title over the lot covered by
Public Land Act, Sec. 48(b); and
(3) Public Land Act, Sec. 48(b) requires for judicial confirmation of an imperfect or incomplete title the
continuous possession of the land since 12 June 1945, or earlier, which petitioners herein failed to comply
with.
Petition denied for lack of merit. CA affirmed.