Case Digest: CRISOLOGO C. DOMINGO v. SEVERINO and RAYMUNDO LANDICHO, et al.

CRISOLOGO C. DOMINGO v. SEVERINO and RAYMUNDO LANDICHO, et al.

531 SCRA 606, 29 August 2007

To prove that a land is alienable, an applicant must conclusively establish the existence of a positive act of the government, such as a presidential proclamation or an executive order, or administrative action, investigation reports of the Bureau of Lands investigator or a legislative act or statute.

Crisologo Domingo filed with the Regional Trial Court (RTC) of Tagaytay City, an application for registration of certain parcels of land (the ―lots‖), which he supposedly purchased from one Genoveva Manlapit in 1948, and has since been in continuous, open, public, adverse and uninterrupted possession thereof in the concept of an owner.

Severino and Raymundo Landicho, Julian Abello, Marta de Sagun and Editha G. Sarmiento subsequently filed an Answer/Opposition to Domingo‘s application, claiming, among other things, that they have been the ones in open, continuous, adverse and actual possession and cultivation of the lots in the concept of owners and have even been paying real estate taxes thereon.

The RTC approved Domingo‘s application for registration. On appeal by Landicho, et al., the Court of Appeals reversed and set aside the RTC Decision and dismissed Domingo‘s application for registration of land title. Petitioner Domingo filed a motion for reconsideration with the Court of Appeals which was subsequently denied by said court.

ISSUE:

Whether or not Domingo is entitled to the registration of the lots in question pursuant to Section 14, sub pars. (1) and (4) of P.D. 1529

HELD:

Section 14 of P.D. No. 1529 provides that to be entitled of a land, the applicant must prove that: (a) the land applied for forms part of the disposable and alienable agricultural lands of the public domain and (b) he has been in open, continuous, exclusive and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial or since June 12, 1945.

All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State, and unless it has been shown that they have been reclassified by the State as alienable or disposable to a private person, they remain part of the inalienable public domain.

To prove that a land is alienable, an applicant must conclusively establish the existence of a positive act of government, such as presidential proclamation or an executive order, or administrative action, investigation reports of the Bureau of Lands investigator or a legislative act or statute.