Proving Land is Alienable and Disposable is Crucial for Successful Registration

Ususan Development Corporation v. Republic of the Philippines, G.R. No. 209462, July 15, 2020

Imagine purchasing a piece of land with dreams of building your future home or starting a new business, only to find out years later that you cannot legally register the property. This is the harsh reality faced by Ususan Development Corporation, now DMCI Project Developers, Inc., in a recent Supreme Court case that underscores the critical importance of proving that land is classified as alienable and disposable before attempting to register it.

In this case, Ususan Development Corporation sought to register a 3,975 square meter lot in Taguig City, claiming ownership based on a purchase from the previous owner, Maria Carlos, who inherited the land from her father, Jose Carlos. The central legal question was whether the corporation could prove that the land was part of the alienable and disposable land of the public domain, a prerequisite for registration under Philippine law.

The Legal Framework for Land Registration in the Philippines

Land registration in the Philippines is governed primarily by Presidential Decree No. 1529, also known as the Property Registration Decree. Under Section 14 of this decree, individuals or entities can apply for land registration under certain conditions. Specifically, Section 14(1) allows for registration if the applicant, or 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 ownership since June 12, 1945, or earlier.

The term “alienable and disposable” refers to public lands that the government has declared available for private ownership. This classification is crucial because only such lands can be subject to private ownership and registration. The burden of proof lies with the applicant to demonstrate this status through specific documents issued by the Department of Environment and Natural Resources (DENR).

To illustrate, consider a farmer who wishes to register a piece of land he has been cultivating for decades. If the land is classified as alienable and disposable, he can apply for registration under Section 14(1). However, if the land is still part of the public domain, his application would be denied, even if he has been in possession for a long time.

The Journey of Ususan Development Corporation’s Case

The story of Ususan Development Corporation’s attempt to register their land began with Maria Carlos, who inherited the property from her father, Jose Carlos, in 1948. Maria declared the land for taxation and paid the required realty taxes. In 1968, she had the lot surveyed and approved by the Bureau of Lands. In 1996, she sold the land to Ususan Development Corporation.

The corporation then filed an application for registration and confirmation of title with the Regional Trial Court (RTC) in Pasig City. They claimed that the land was part of the alienable and disposable land of the public domain, supported by a certification from the DENR and a previous Supreme Court decision involving Maria Carlos.

The RTC granted the application, ruling that the corporation had shown the land’s alienable and disposable status and that they, along with their predecessors-in-interest, had been in possession for over sixty years. However, the Republic of the Philippines, represented by the Office of the Solicitor General, appealed this decision to the Court of Appeals (CA).

The CA reversed the RTC’s decision, finding that the corporation failed to provide sufficient evidence of the land’s alienable and disposable status. The corporation then appealed to the Supreme Court, arguing that the CA erred in its ruling.

The Supreme Court, in its resolution, emphasized that the corporation’s petition was essentially seeking a review of the CA’s factual findings, which is not allowed under Rule 45 of the Rules of Court. The Court stated, “The Petition alleges that the CA reversed the RTC Decision because petitioner failed to prove that the subject lot is alienable and disposable (AnD) land of public domain and it also failed to sufficiently prove its possession.”

The Court further noted that the documents submitted by the corporation to prove the land’s alienable and disposable status were not presented during the RTC proceedings and were deemed insufficient by the CA. The Court concluded, “The failure of petitioner to prove the AnD status of the subject lot renders the review of the finding of the CA that it has not substantiated its claim that it and its predecessors-in-interest have possessed the subject lot in the character and for the duration required under Section 14(1) of PD 1529 superfluous.”

Practical Implications and Key Lessons

This ruling has significant implications for anyone involved in land transactions in the Philippines. It underscores the necessity of proving that land is alienable and disposable before attempting registration. This requirement is non-negotiable, and failure to meet it can result in the denial of registration, regardless of the length of possession.

For businesses and individuals looking to purchase or register land, it is crucial to:

• Obtain a certification from the Community Environment and Natural Resources Office (CENRO) or Provincial Environment and Natural Resources Office (PENRO) confirming the land’s alienable and disposable status.
• Ensure that all necessary documentation, including the original classification approved by the DENR Secretary, is presented during the initial application process.
• Understand that the burden of proof lies with the applicant, and any delay in presenting evidence can lead to the rejection of the application.

Key Lessons:

• Thoroughly investigate the classification of any land before purchase or registration.
• Engage legal professionals to assist with the application process to ensure all requirements are met.
• Be prepared to provide clear and conclusive evidence of the land’s alienable and disposable status from the outset.

Frequently Asked Questions

What is alienable and disposable land?

Alienable and disposable land refers to public land that the government has declared available for private ownership. Only such lands can be registered under the Property Registration Decree.

Why is it important to prove land is alienable and disposable?

Proving that land is alienable and disposable is crucial because it is a legal prerequisite for registering the land as private property. Without this proof, registration cannot be granted.

What documents are needed to prove alienable and disposable status?

You need a certification from the CENRO or PENRO, a copy of the original classification approved by the DENR Secretary, and certified true copies of the approved Land Classification Maps.

Can I register land if I have been in possession for a long time?

Length of possession alone is not enough. The land must also be proven to be alienable and disposable.

What happens if my application for registration is denied?

If your application is denied due to lack of proof of alienable and disposable status, you may appeal the decision, but you will need to provide the necessary documentation to support your claim.

How can I ensure a successful land registration?

To ensure success, gather all required documents and present them during the initial application process. It is also advisable to consult with a legal professional specializing in property law.

ASG Law specializes in property registration and land classification issues. Contact us or email hello@asglawpartners.com to schedule a consultation.