Heirs of Malabanan v. Republic

Heirs of Malabanan v.
Republic
G.R. No. 179987
September 3, 2013
Justice Bersamin
Facts
Mario Malabanan filed an application for land registration covering a parcel of
land situated in Cavite with the RTC, claiming that the property formed part of the
alienable and disposable land of the public domain, and that he and his
predecessors-in-interest had been in open, continuous, exclusive and notorious
possession and occupation (OCENPO) of the land for more than 30 years, thereby
entitling him to the judicial confirmation of his title. As evidence, Malabanan
presented a certification issued by the Community Environment and Natural
Resources Office (CENRO) of the Department of Environment and Natural
Resources (DENR). The RTC thereafter granted Malabanan’s application for land
registration. However, the Office of the Solicitor General (OSG) appealed the
judgment to the CA, arguing that Malabanan had failed to prove that the property
belonged to the alienable and disposable land of the public domain. The CA ruled
in favor of the OSG, thus dismissing the application for registration of Malabanan.
Due to Malabanan’s intervening demise during the appeal in the CA, his heirs
elevated the CA’s decision to this Court. The petitioners now argue that the
property had been "converted" into private property through prescription at the
time of the application without regard to whether the property sought to be
registered was previously classified as agricultural land of the public domain.
Issue
Whether the property of Malabanan subject to registration had been "converted"
into private property through prescription, without regard to its classification.
Ruling
No. The petitioners failed to present sufficient evidence to establish that they and
their predecessors-in-interest had been in possession of the land since June 12,
1945. More importantly, there is no declaration in the form of a law by either the
Congress or the Executive department which signifies that it no longer intends the
land to be used for public service or for the development of national wealth. It
follows that property of the State not patrimonial in character shall not be the
object of prescription1. In accordance with Article 1113, prescription never began to
run against the State since the land was never converted to private property,
hence outside the commerce of man.
Notes
Alienable and disposable lands of the State
1. Alienable and disposable lands of the State fall into two categories, to wit:
a. Patrimonial lands of the State, or those classified as lands of private
ownership under Article 425 of the Civil Code, without limitation; and
b. Lands of the public domain, or the public lands as provided by the
Constitution, but with the limitation that the lands must only be
agricultural.
i. Consequently, lands classified as forest or timber, mineral, or
national parks are not susceptible of alienation or disposition
unless they are reclassified as agricultural.
1
Meaning, properties of public dominion by the State are not subject to prescription.
1. A positive act of the Government is necessary to enable
such reclassification, and the exclusive prerogative to
classify public lands under existing laws is vested in the
Executive Department, not in the courts.
ii. If, however, public land will be classified as neither agricultural,
forest or timber, mineral or national park, or when public land
is no longer intended for public service or for the development
of the national wealth, thereby effectively removing the land
from the ambit of public dominion, a declaration of such
conversion must be made in the form of a law duly enacted by
Congress or by a Presidential proclamation in cases where the
President is duly authorized by law to that effect.
iii. Thus, until the Executive Department exercises its prerogative
to classify or reclassify lands, or until Congress or the President
declares that the State no longer intends the land to be used for
public service or for the development of national wealth, the
Regalian Doctrine is applicable.
Disposition of alienable public lands

1. If a public land is classified as no longer intended for public use or for the
development of national wealth by declaration of Congress or the President,
thereby converting such land into patrimonial or private land of the State,
the applicable provision concerning disposition and registration is no longer
Section 48(b) of the Public Land Act but the Civil Code, in conjunction with
Section 14(2) of the Property Registration Decree. As such, prescription can
now run against the State.
2. Section 11 of the Public Land Act (CA No. 141) provides the manner by which
alienable and disposable lands of the public domain, i.e., agricultural lands,
can be disposed of, to wit:
a. Section 11. Public lands suitable for agricultural purposes can be
disposed of only as follows, and not otherwise:
i. For homestead settlement;
ii. By sale;
iii. By lease; and
iv. By confirmation of imperfect or incomplete titles;
1. By judicial legalization; or
2. By administrative legalization (free patent).
3. Sec. 48(b) uses the descriptive phrase "alienable and disposable" which limits
the coverage of Section 48(b) to only the agricultural lands of the public
domain.
a. Congress prescribed no requirement that the land subject of the
registration should have been classified as agricultural since June 12,
1945, or earlier. As such, the applicant’s imperfect or incomplete title
is derived only from possession and occupation since June 12, 1945, or
earlier.
Regalian Doctrine
1. All lands not appearing to be clearly under private ownership are presumed
to belong to the State. Also, public lands remain part of the inalienable land
of the public domain unless the State is shown to have reclassified or
alienated them to private persons.
Rules relative to the disposition of public land or lands of the public domain —
Summary
1. ***2As a general rule and pursuant to the Regalian Doctrine, all lands of the
public domain belong to the State and are inalienable. Lands that are not
clearly under private ownership are also presumed to belong to the State
and, therefore, may not be alienated or disposed;
2. Exception:
a. Agricultural lands of the public domain are rendered alienable and
disposable through any of the exclusive modes enumerated under
Section 11 of the Public Land Act. If the mode is judicial confirmation
of imperfect title under Section 48(b) of the Public Land Act, the
agricultural land subject of the application needs only to be classified
as alienable and disposable as of the time of the application, provided
the applicant’s possession and occupation of the land dated back to
June 12, 1945, or earlier. Thereby, a conclusive presumption that the
applicant has performed all the conditions essential to a government
grant arises, and the applicant becomes the owner of the land by
virtue of an imperfect or incomplete title. By legal fiction, the land has
already ceased to be part of the public domain and has become private
property.
b. Lands of the public domain subsequently classified or declared as no
longer intended for public use or for the development of national
wealth are removed from the sphere of public dominion and are
considered converted into patrimonial lands or lands of private
ownership that may be alienated or disposed through any of the
modes of acquiring ownership under the Civil Code. If the mode of
acquisition is prescription, whether ordinary or extraordinary, proof
that the land has been already converted to private ownership prior
to the requisite acquisitive prescriptive period is a condition sine qua
2
Emphasized by Rondez.
non in observance of the law (Article 1113, Civil Code) that property of
the State not patrimonial in character shall not be the object of
prescription.

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Disposition of alienable public lands

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