Republic vs.

Alconaba
GR. No. 155012, April 14, 2004
Facts:

Respondents filed an application for registration of title over 5 parcels of land

located in Laguna. They stated that they are the sole heirs of Melendez spouses and
that their parents had been in possession of the property since 1949.

After the death of their parents, they respectively partitioned the lot and
subdivided it into 5 lots. Since then they have been in actual possession of the property
in the concept of owners and in a public and peaceful manner.

The republic opposed on the grounds that they are not in open, continuous
and exclusive possession of the property, tax declaration and tax receipts do not
constitute bona fide right over the land, ownership based on Spanish title can no longer
be availed and that the said land is part of the public domain.

Trial court ruled in favour of the respondents. It ruled that the land is alienable
and not deemed as reserve or forest land.

Issue:

Should the application of the respondents be granted?

Held: NO

Section 48(b) of C.A. No. 141, as amended by Republic Act No. 1942, [13]
reads as follows: Section
48. The following described citizens of the Philippines, occupying lands of the
public domain or claiming to own any such lands or an interest therein, but
whose titles have not been perfected or completed, may apply to the Court of
First Instance of the province where the land is located for confirmation of their
claims and the issuance of a certificate of title therefor, under the Land
Registration Act, to wit:

(b) Those w h o b y t h e m s e l v e s o r t h r o u g h t h e ir
predecessors-in-interest have been in open, continuous, exclusive, and
notorious possession and occupation of agricultural lands of the public
domain, under a bona fide claim of acquisition of ownership, for at least
thirty years immediately preceding the filing of the application for
confirmation of title except when prevented by war or force majeure. These
shall be conclusively presumed to have performed all the conditions
 essential to a Government grant and shall be entitled to a certificate of title
under the provisions of this chapter.

This provision was further amended by P.D. No. 1073[14] by substituting the
phrase ―for at least thirty years‖ with ―since June 12, 1945‖; thus: SEC. 4. The provisions
of Section 48(b) and Section 48(c), Chapter VIII, of the Public Land Act are hereby
amended in the sense that these provisions shall apply only to alienable and
disposable lands of the public domain which have been in open, continuous, exclusive
and notorious possession and occupation by the applicant himself or through his
predecessor-in- interest, under a bona fide claim of acquisition of ownership, since June
12, 1945.

Indeed, the lot is deemed as alienable and disposable. However, there was no
sufficient proof that the respondents are in actual, continuous, open and exclusive
possession of the land. No evidence on record shows that Spouses Mauricio and
Luz Melendez cultivated, had control over, or used the whole or even a greater portion
of the tract of land for agricultural purposes