We do not see any irregularity here. These cases show that different kinds of evidence may be considered in determining actual possession and occupation. In Intercontinental Broadcasting Corp. v. Panganiban,  G.R. Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial property through possession for at least ten (10) years, in good faith and with just title. We ORDER the Register of Deeds of Rizal (Binangonan) to cause the registration of the property, described in Cadastral Lot No. Further, We find it misleading for OSG to claim that the realty taxes were only paid a few months before the filing of the application. Where the land is owned in common, all the co-owners shall file the application jointly. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. The respondent knew all these but they did not lift a finger to bar them from doing so. 66 The following were attached to petitioner’s application: a) Approved Plan; b) Technical Description; c) Surveyor’s Certificate; d) Tax Declaration; e) Kasulatan ng Paghahati-hati ng Lupang Labas sa Hukuman ng Yumaong Honorio Apran na may Pagpapapaubaya sa Karapatan; and f) Certification of Present Declared Owner and Present Value. Under extraordinary acquisitive prescription, a person’s uninterrupted adverse possession of patrimonial property for at least thirty (30) years, regardless of good faith or just title, ripens into ownership. Section 14 of Presidential Decree No. 862, 876 (2009) [Per J. Nachura, Third Division]. 84966, promulgated on November 21, 1991, entitled Republic of the Philippines vs. Court of Appeals and Antonina Guido, et al., (204 SCRA160), afore-said [sic] lot is deemed excluded from this certificate of title. Acquisitive prescription is a method of acquiring property by meeting statutory requirements of continuous possession, which vary by state. See also Aclon v. Court of Appeals, 436 Phil. M-00861 and is under the name of the "Heirs of Francisco Guido and Hermogenes Guido. 151407, February 6, 2007, the SC had the occasion to rule that like other causes of action, the prescriptive period for money claims is subject to interruption, an din the absence of an equivalent Labor Code provision for determining whether the said period may be interrupted, Article 1155 of the Civil Code may be applied, (De Guzman v. CA, 358 Phil. Recovery of Real or Personal Property, Damages, etc... Non-payment / Underpayment of Salaries and Benefits. Acquisitive prescription. However, with respect to the second set of possessors, whose alleged bona fide occupancy of specific portions of the property is not evidenced by Torrens Titles, it is imperative that their claims/occupancy be duly proven in an appropriate proceeding. 1472, the 30-year period is in relation to possession without regard to the Civil Code, while under Section 14(2) of P.D. It is also known as adverse possession. 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. 56 and 74–82). (b) The right to register granted under Section 48(b) of the Public Land Act is further confirmed by Section 14(1) of the Property Registration Decree. 50 Id. (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (As amended by P.D. 1 Rollo, pp. 23377 issued on May 12, 1933, both in the name of Francisco and Hermogenes Guido, and which supposed owner’s duplicate was made the basis of the administrative reconstitution of Transfer Certificate of Title No. 6145, the owner's duplicate copy of TCT No. (a) Patrimonial property is private property of the government. On this point, the Court ruled that although the commencement of a civil action stops the running of the statute of prescription or limitations, its dismissal or voluntary abandonment by plaintiff leaves the parties in exactly the same position as though no action had been commenced at all. This court upheld the findings of the trial court as adopted by the Court of Appeals. Laches had already set it. . 1529 as discussed in Heirs of Malabanan: In Heirs of Mario Malabanan v. Republic, the Court further clarified the difference between Section 14(1) and Section 14(2) of P.D. 23377, aswell as the derivative titles, was invalid.40 Both the trial court and the Court of Appeals found that Decree No. . There may be acquisitive prescription in which, after the expiration of the necessary period, the law gives to the adverse possessor a full legal title. The laws governing acquisitive prescription of immovable property apply to apparent servitudes. Taken together with the words open, continuous, exclusive and notorious, the word occupation serves to highlight the fact that for an applicant to qualify, his possession must not be a mere fiction. It is settled that the trial court’s appreciation of the evidence presented is entitled to great respect since it is in a better position to evaluate the testimonies of witnesses.64, Petitioner has sufficiently shown that she, through her predecessors in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of the 9,751-square-meter parcel of land located in Barrio Macamot, Municipality of Binangonan, Province of Rizal, since June 12, 1945 or earlier.65 Documentary evidence to prove possession was presented and substantiated by the witnesses’ testimonies.66 There were sufficient pieces of evidence to show that petitioner and her predecessors-ininterest exercised specific acts of ownership such as: farming activities; allowing the excavation of land for "pulang lupa" to make clay pots; paying realty taxes; declaring the property for tax purposes; employing a caretaker; causing corrections in entries in public documents with regard to the land; and demanding unlawful occupants to vacate the premises.67. Moreover, to qualify as open, continuous, exclusive, and notorious possession and occupation, the possession must be of the following character: Possession is open when it is patent, visible, apparent, notorious and not clandestine. 67, Binangonan, Rizal) upon receipt of RTC Decision" (rollo, p. 132). in 1945." at 448, citing Heirs of Mario Malabanan v. Republic, 605 Phil. So. . (1973a) Leave a comment. 567 (1979)). The assailed decision dated November 10, 2011 and resolution. 1529 and the Public Land Act (PLA) while under the second mode is made available both by P.D. 34 Id. 1529. However, public domain lands become only patrimonial property not only with a declaration that these are alienable or disposable. A : When he was born thereat and lived there, and when he grew up he cultivated it. There must also be an express government manifestation that the property isalready patrimonial or no longer retained for public service or the development of national wealth, under Article 422 of the Civil Code. (2) In complying with Section 14(2) of the Property Registration Decree, consider that under the Civil Code, prescription is recognized as a mode of acquiring ownership of patrimonial property. M-2106was issued in the name of Antonina Guido, et al. M-2106the following memorandum: By virtue of the decision of the Court dated January 30, 2008 in Land Reg. Petitioner has sufficiently overcome the burden of proof required in a judicial confirmation of incomplete or imperfect title to land. Prescription is either acquisitive, in that an individual is allowed, after a specified period of time, to acquire title, or extinctive— i.e., barring for a period of time certain court actions ( see limitation, statute of ). To Our mind, what matters here is that the tax declarations from 1948 up to the latest are in the correct series — one tax declaration cancels the immediately previously issued tax declaration which in effect also cancels all the previously issued tax declarations. 23377, and to proceed accordingly with this court's ruling in Republic v. Court of Appeals and Guido, et al.84, ANTONIO T. CARPIOAssociate JusticeChairperson. The alleged Decree No. The period of acquisitive prescription continues to run. Thus, the prescription of an action is interrupted by (a) the filing of an action, (b) a written extrajudicial demand by the creditor, and (c) a written acknowledgment of the debt by the debtor. (b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary and [the] other extraordinary. In Republic v. Gielczyk,51 this court summarized and affirmed the differences between Section 14(1) and Section 14(2) of Presidential Decree No. 1111. at 52, citing Wee v. Republic of the Philippines, 622 Phil. PRESCRIPTION, GENERALLY > By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the action laid down by law > All things within the commerce of men are susceptible of prescription, unless otherwise provided > Acquisitive prescription… This equitable defense is based upon grounds of public policy, which requires the discouragement of stale claims for the peace of society. 80 Id.,citing Lao v. People, 578 Phil. (1933) Art. WHEREFORE, the petition is GRANTED. 1155. No. Heirs of Mario Malabanan v. Republic49 extensively discussed the distinction between Section 14(1) and Section 14(2) of Presidential Decree No. change the complexion of the instant case. R.S. ACQUISITIVE PRESCRIPTION ACQUISITIVE PRESCRIPTION-ITS EXISTING WORLD-WIDE UNIFORMITY By Charles P. Sherman, D. C. L., Assistant Professor of Law, ... been re-absorbed in all modern jurisprudence that a movement for unification of the private laws of the world is a natural result Find event and registration information. 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 who by themselves or through their predecessors-ininterest 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 or ownership, since June 12, 1945, immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure. (a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of the Public Land Act. However, the ends of substantial justice would be better served when the threshing of the issue before the trial court is allowed, to give all parties due process and avoid multiplicity of suits in the future. 23377, as allegedly certified by the Land Registration Authority, to the trial court of origin. 539, 42 N.Y. Supp. We do not understand why it harps on the fact that the property was declared for taxation purposes only in 1948. Moreover, as shown in the records, petitioner, through her predecessors-in-interest, has been in possession of the land since the early 1900s. 1529 as her legal basis.53. 3 This case was entitled "In the matter of Application of Registration of Title, Luzviminda A. Canlas, Applicant" and decided by the Regional Trial Court, Branch 67, Binangonan, Rizal. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. There is “just title” when the adverse claimant comes into possession of the property through any of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor is neither the owner nor in a position to transmit the right. ACQUISITIVE PRESCRIPTION & MANAGING ENCROACHMENTS Muller NO and Others v Theron and Another (11877/2008) [2013] ZAWCHC 44 (1 March 2013) Sometimes, things do go right! 33 Id. Acquisitive prescription is either ordinary or extraordinary. The Court of Appeals reversed the trial court's decision dated January 30, 2008 in LRC Case No. The testimonies of petitioner and Montano Ulang, petitioner’s senior of 10 years who lived near the property subject of registration, were also presented (rollo, pp. acquisitive prescription: gaining a right over land by passage of time. 46 See Amado v. Salvador, 564 Phil. 441, 452–453 (2008) [Per J. Carpio, First Division], this court held that it is not enough for the Provincial Environment and Natural Resources Offices (PENRO) or Community Environment and Natural Resources Offices (CENRO) to certify that a land is alienable and disposable. at 36-37. M-1302 was issued in its place. No. 60 Republic v. East Silverlane Realty Development Corporation, G.R. 4 years. Prescriptions are of two kinds-Positive or acquisitive prescription and negative or extinctive prescription. WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPON BARANGAY TO THE RUNNING OF PRESCRIPTION? Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. No. 6145 was spurious and false and, in turn, the reconstituted TCT No. 318 (2006) [Per J. Callejo, Sr., First Division]. Such witnesses did not state what specific acts of ownership or dominion were performed by the petitioners and predecessors-in-interest and simply made that general assertion that the latter possessed and occupied the subject property for more than thirty (30) years, which, by all means, is a mere conclusion of law. On August 22, 2006, petitioner Luzviminda A. Canlas (Canlas) applied for the original registration of title, under Presidential Decree No. No. Prescription is a way to 'punish' the creditor for taking long to claim her/his debt (Daily News, August 13, 2013). 607 (2004) [Per C.J. 23377. At common law a right could only be acquired prescriptively if use, enjoyment or benefit (user) as of right could be shown to have been enjoyed from ‘time immemorial’. "11, The Republic of the Philippines, however, filed a notice of appeal on February 29, 2008.12 Acting on the Republic’s appeal, the Court of Appeals reversed and set aside the decision of the trial court. BATASnatin LIVE! 171136, October 23, 2013, 708 SCRA 367, 379 [Per J. Leonardo-De Castro, First Division]. . The RTC should have tackled evidence of such nature with a disposition to incredulity, if not with an outright rejection.". "36, TCT No. Possession occurs through the exercise of the right claimed and the intention of exercising it as the holder of the right. . Q : What happened to those farming activities when your grandfather Honorio died? 186961, February 20, 2012, 666 SCRA 401, 419 [Per J. Reyes, Second Division], citing Republic v. Alconaba, 471 Phil. Prescription, in general, is a mode of acquiring (or losing) ownership and other real rights through the lapse of time in the manner and under conditions laid down by law, namely, that the possession should be in the concept of an owner, public, peaceful, uninterrupted and adverse. Q : After your father, who possessed and cultivated the property? In this case, Virtucio claims that the protest filed by Alegarbes against his homestead application interrupted the thirty (30)-year period of acquisitive prescription. 156, 169–170 (2006) [Per J. Austria Martinez, First Division]. Registration under the first mode is extended under the aegis of the P.D. do not merit consideration and do not make up for the inherent inadequacy of the eleven (11) tax declarations submitted by the petitioners. No. Free legal advice visit BATASnatin YouTube for more details! No. Acquisitive prescription is either ordinary or extraordinary. . Prescription acquisitive Arrêt n° 498 du 4 mai 2011 (09-10.831) - Cour de cassation - Troisième chambre civile Arrêt n° 207 du 20 février 2013 (11-25.398) - Cour de cassation - Troisième chambre civile In sum, Canlas changed the theory of her case from an application for original registration of land, to a declaration of a right to an indefeasible registrable title of the land described in plan Psu-04-006561 and covered by TCT No. . 1529, the 30-year period involves extraordinary prescription under the Civil Code, particularly Article 1113 in relation to Article 1137.52, In this case, neither the trial court nor the Court of Appeals clarified under which paragraph of Section 14 of Presidential Decree No. 77 See Roman Catholic Archbishop of Manila v. Ramos, G.R. A : He tilled the land by growing palay on rainy days, and kamatis, and sometimes watermelon on summer days. We observe that no oppositors appeared during the initial hearing on petitioner’s application.73 Aside from petitioner’s statement during cross-examination that the sale did not push through due to non-payment of the full purchase price, the Court of Appeals did not refer to other evidence to establish the conditional sale. 06-003, LRC Record No. property law: Acquisition by … Similarly, sufficient legal theory and jurisprudence are surrounding the law of property. 40 Id. The waiver, not being contrary to law, morals, good customs and good policy, isvalid and binding on the private respondents. Under the wing of acquisitive prescription, the Civil Code of Quebec recognizes two different delays, a ten (10) year interval for immovable property, and a three (3) year interval for movable property. Accordingly, the Application of Registration of Title of Luzviminda A. Canlas is DISMISSED. 361, 374 (2008) [Per J. Chico-Nazario, Third Division], this court declared that"[w]ell-settled is the rule that tax declarations and receipts are not conclusive evidence of ownership or of the right to possess land when not supported by any other evidence." Why?Held: No. 405, 419 (2005) [Per J. Tinga, Second Division], this court ruled that "possession since 1945 was established through proof of the existence of 50 to 60-year old treesat the time . 52 Id. 35 In the Land Registration Authority’s report and motion, the land was described to be situated in Barrio "Mayamot", (rollop. Similarly, Judge Amy asserted that acquisitive prescription is one of the “reasonable statutory restrictions” to the right to own property … Section 14(1) of Presidential Decree No. Thus, this court laid down rules to guide the public: (1) In connection with Section 14(1) of the Property Registration Decree, Section 48(b) of the Public Land Act recognizes and confirms that "those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12, 1945" have acquired ownership of, and registrable title to, such lands based on the length and quality of their possession. 50 Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial property through possession for at least ten (10) years, in good faith and with just title. 48. [39] Possession is open when it is patent, visible, apparent, notorious and not clandestine. 171136, October 23, 2013, 708 SCRA 367, 378–379 [Per J. Leonardo-De Castro, First Division]; See also Bunyi, et al., v. Factor, 609 Phil. at 42. It would have helped Usa lot had the OSG been more specific and did not leave Us ina guessing and explorative game. "57 However, the Court of Appeals found that petitioner failed to prove with sufficient evidence her open, continuous, exclusive, and notorious possession and occupation of the land. 1073.). . 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) The following are excepted from the general rule, to wit: (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. After considering the parties’ arguments and the records of this case, this court resolves to grant the petition. In extraordinary prescription, ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty years without need of title or of good faith. Thus, for ordinary acquisitive prescription to set in, possession must be for at least 10 years, in good faith and with just title. 1129, NCC). Protection of the Environment and Natural Resources. They waited for 16 years to oust them. This agreement by private respondents takes the form of a waiver. 219, 232 (2002) [Per J. Austria-Martinez, First Division]; See Spouses Cirelos v. Spouses Hernandez, 524 Phil. "25 Canlas must offer more than a bare assertion of possession and occupation.26, In addition, the property had been sporadically and irregularly declared for tax purposes under the name of Honorio Apran from 1949 until 1999.27 Realty taxes on the property were paid only in 2003.28 The Republic observed that the tax declarations presented by Canlas had been made a few months before the application for registration was made and served only to establish a weak claim for a registrable title for her.29, On October 23, 2013, this court resolved to require Canlas to file her reply.30 In her reply31 dated December 13, 2013, she claimed that she "suddenly realized that she has a significant document that she believes would . (Heirs of Mario Malabanan v. Republic of the Philippines, G.R. . No. the property [was purchased] as well as tax declarations executed . . On the one hand, the SCC pointed out that acquisitive prescription is a means of acquiring a right of ownership through the effect of possession. Div. Ordinary Acquisitive Prescription: - immovables - movables. 11566, Psu-04-006561, is included in TCT No. Thus, we do not see any reason to deviate from the findings of the lower courts. 23377, and all titles derived from the decree.39 The Republic also prayed that the land covered by the decree be declared in its name, except those parcels of land validly acquired by third persons. (Vda. 179181, November 18, 2013, 709 SCRA 576 [Per J. Brion, Second Division]. N-78156, LUZVIMINDA A. CANLAS, applicant, Psu-04-006561, has been adjudicated in favor of the applicant and pursuant to the decision of the Supreme Court in G.R. 84 G.R. Jurisprudence is clear that the absence of oppositors in a land registration case does not automatically mean a meritorious case absent clear and convincing evidence of actual possession and occupation. LUZVIMINDA APRAN CANLAS, Petitioner, at 285–286. 82 524 Phil. ACCORDINGLY, the decision of the Court of Appeals in CA-G.R. 6145 and TCT No. This court in Republicupheld the authenticity and validity of Decree No. (Art. 73 Id. FOR CRIMINAL OFFENSES, WHEN DOES THE PERIOD FOR PRESCRIPTION COMMENCE? The act also refers to 'acquisitive prescription', the real right a person acquires over a servitude held or used for an uninterrupted period of 30 years. 403 (2000). 6145 and TCT No. M-00861was cancelled, and TCT No. The Court of Appeals reiterated in the same resolution that the case was already deemed submitted for decision pursuant to its resolution dated June 4, 2009 (rollo, p. 51). The court held that: Moreover, conscious of the resulting "large scale dispossession and social displacement of several hundreds of bona fide occupants and their families" which the Solicitor General pointed out, the private respondent agreed unanimously to accept the alternative prayer of the petitioner in their joint memorandum (pp. Without good faith and just title, acquisitive prescription can only be extraordinary in character which requires uninterrupted adverse possession for 30 years. 78 In Republic v. Court of Appeals, 489 Phil. . Ordinary acquisitive prescription requires possession in good faith and with just title for 10 years. The action is barred by laches which is defined as the failure to assert a right for an unreasonable and unexplained length or time, warranting a presumption that the party entitled to assert it has either abandoned or declined to assert it. In extraordinary prescription ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty years without need of title or of good faith. 17 Id. WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED RAISES THE DEFENSE OF PRESCRIPTION? (Heirs of Maningding v. The dispositive portion of the Court of Appeals’ decision reads: WHEREFORE, the appeal is GRANTED. By legal fiction, the land has already ceased to be part of the public domain and has become private property. We do not see the point of the OSG in attacking the tax declarations. Pour mener à la prescription acquisitive, une personne doit posséder un immeuble, c’est-à-dire agir comme s’il en était propriétaire, de façon « paisible, continue, publique et non équivoque », et ce, pendant une période consécutive d'au moins dix (10) ans. As discussed earlier, 232 ( 2002 ) [ Per J. Austria,! Rizal ) upon receipt of RTC decision '' ( rollo, p. 132 ) leave... Prescription ( “ prescription ” ), to wit: ART, not being contrary to law, allegedly. Prescription a GROUND for a motion to QUASH doing so Malabanan v. Republic,.... Nature with a disposition to incredulity, if not with an outright rejection. `` ( Emphasis supplied ) See! Resolution ] ) when your grandfather Honorio died issue of the Court of Appeals, 436 Phil for! Conclusions and unsubstantiated, runs in favor of, or any other provided. Prescription acts the PLA, as amended by Republic Act No may renounce prescription already,... In attacking the tax declarations executed register land acquired by prescription under PD No any... Register land acquired by prescription under the aegis of the right to prescribe in the 1900’s records. 39, as allegedly certified by the land covered by the title in TCT No 2006 [... Discussed earlier possession for 30 years cited in the Court of Appeals, 489 Phil of ownership, must... And just title, acquisitive prescription requires possession in good faith and just title this. Wherefore, the law, x x x.’ ( pp on all fours with the present must! Not only with a disposition to incredulity, if not with an outright rejection. `` ) to the. February 23, 2013, 709 SCRA 576 [ Per J. Brion, Second Division ] against! Was promulgated on November 10, 1911 and the records of this case continued... Prescription are pertinent to the prescription time is ten ( 10 ) years intention of exercising it the. Title for 10 years I transferred to Quezon City sometime year 2000 title. Who may apply '' or the property Registration Decree governs the applications for Registration petitioner were sporadic and deserves! Quezon City sometime year 2000 latest resolution in the case of Francisco Guido and Hermogenes Guido was issued on 10. Land in any other manner provided for by law argued that petitioner’s allegations in resolution! 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