REPUBLIC v DOLDOL September 10, 1998 | Romero, J. | Topic Digester: Angat, Christine Joy SUMMARY: In 1959, a Nicanor Doldol occupied a lot in Opol, Misamis Oriental. In 1965, a portion of a land, including the lot occupied by Doldol, was reserved by the city government as a school site. The school, Opol High School eventually transferred to the said site in 1970. Seventeen years later, or in 1987, Pres. Corazon Aquino reserved the said land to Opol National School. Demands were made for Doldol to vacate the land. Since Doldol did not heed the demands, Opol National School filed an action to recover possession of the said lot. RTC ruled in favor of the school, but the CA reversed, ruling that since Doldol had been in possession of the lot for 32 years, he had acquired an imperfect title over the said lot. The Court reversed the CA, holding that the correct legal basis is PD 1073, which states that for there to be an acquisition of a right over a lot, there should have been an open, continuous, exclusive and notorious possession since June 12, 1945 or earlier. Doldol only started occupying the said lot on 1959. Since he did not meet the requirements, he did not acquire a better right over the said lot. Opol National School now has a better right by virtue of it being declared a reserved site by the President. DOCTRINE: Under PD 1073, a person acquires a right to a government rant over a particular land, without the necessity of a certificate of title being issued, if: (a) The land is alienable public land (b) The person has open, continuous, exclusive and notorious possession and occupation of the same which must be for the period prescribed by the law, which is since June 12, 1945, or earlier FACTS: 1959: Nicanor Doldol occupied a portion of land in Barrio Pontacan, Municipalty of Opol, Misamis Oriental. o In 1963, he filed an application for saltwork purposes for the said area but the same was rejected by the Bureau of Forest Development in 1968. While his application was pending, in 1965, the Provincial Board of Misamis Oriental passed a resolution reserving Lot 4932 as a school site, which was eventually occupied by Opol High School in 1970. o The reserved lot included the land area occupied by Doldol. Seventeen years later, or on November 2, 1987, Pres. Corazon Aquino issued a Proclamation still reserving the said area to Opol High School, which was then renamed to Opol National Secondary Technical School. o By virtue of said declaration, the school demanded that Doldol vacate the land, but he refused. 1991: Opol National School filed a complaint for accion possesoria with the Cagayan de Oro RTC. The trial court ruled in favor of the school and ordered Doldol to vacate. CA reversed and held that since Doldol has possessed the land from 1959 up to 1991 or for 32 years, he is now entitled to the same by virtue of prescription.
CA cites as basis for its decision Sec. 48 of CA 141 or the Public Land Act, as amended by RA 1942: Section 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance (now Regional Trial Court) of the province where the land is located for confirmation of their claims and the issuance of a certification of title therefor under the Land Registration Act, to wit: xxxxxxxxx (b) Those who by themselves or through their 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 or ownership for at least thirty years immediately preceding the filing of the application for confirmation of title, except when prevented by wars or force majeure. Those 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. Hence, the instant petition.
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RULING: Petition granted. Whether Doldol, having occupied the lot for 32 years, acquired a right over the land - NO While the laws provide for prescription as a way for acquiring ownership over a particular land, the CA erred in applying Sec. 48 of the Public Land Act which is the outdated version of the said law. Sec. 48 has now already been amended by PD 1073, which now states that: (b) Those who by themselves or through their 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 or ownership, since June 12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title, except when prevented by wars or force majeure. Those 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. Under the said act, a person acquires a right to a government rant over a particular land, without the necessity of a certificate of title being issued, if: (a) The land is alienable public land (b) The person has open, continuous, exclusive and notorious possession and occupation of the same which must be for the period prescribed by the law, which is since June 12, 1945, or earlier IN THIS CASE: o The land is alienable and disposable, in accordance with the District Foresters Certification o However, Doldol had been occupying the land reserved for the school site only since 1959. The law requires that the possession of lands of public domain must be from June 12, 1945 or earlier, for the same to be acquired through judicial confirmation of imperfect title. Thus, Doldol could not have acquired an imperfect title or a right to
the disputed lot. He cannot, therefore, assert a right superior to the school, given that the President have reserved the said lot as a school site. Having been reserved in its favor, Opol National School has a better right of possession over the land in dispute. o The privilege of occupying public lands with a view of preemption confers no contractual or vested right in the lands occupied and the authority of the President to withdraw such lands for sale or acquisition by the public, or to reserve them for public use, prior to the divesting by the government of title thereof stands, even though this may defeat the imperfect right of a settler. Lands covered by reservation are not subject to entry, and no lawful settlement on them can be acquired. NOTES: For those details which are not important but seems important.
