Republic of the Philippines

Region 02
Regional Trial Court
Tuguegarao City, Branch 02
Republic of the Philippines represented by DENR Region II,
Plaintiff,
Ciil Case No! "##0
$ ersus $
%uan Dela Cru& and Register of Deeds of Cagayan,
Defendant,
' $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ '
PLAINTIFFS MEMORANDUM
Plaintiff, by counsel, respectfully states that(
STATEMENT OF THE CASE
The plaintiff filed an action for the annul)ent of title and reersion of the land
against the defendant, clai)ing that *ot +2,- titled to the defendant is classified as
ti)ber land! In its ans.er, defendant clai)ed that he has been occupying and cultiating
the land since +/#" up to present! 0lso, 1CT No! +,2+ .as issued to hi) by the Register
of Deeds in +/#" as a proof to support its clai)!
STATEMENT OF THE FACTS
1. Defendant %uan dela Cru& is the o.ner of + hectare of land coered by
1CT No! +2,- located in *annig, 2olana, Cagayan3
2. The ad4oining lot o.ner, Pedro 2ta! 5aria, .ho holds a pasture lease
agree)ent, re6uested the DENR in the year 20+2 to conduct an inestigation regarding
the classification of *ot +2,- titled in the na)e of %uan dela Cru&3
3. The DENR Engineer El)er 2o)e4o conducted the inestigation in the
year 20+- using *and Classification 5ap 22#, .hich .as approed in +/#0 in pro4ecting
*ot +2,-3
4. 0fter pro4ection, it found out that *ot +2,- is classified as ti)ber land
hence, DENR CENR1 %uana 5alana issued a certification to attest that *ot +2,- is
classified as ti)ber land3
5. 0lso, after the peri)eter surey, 2onny Berth Bueno erified that *ot
+2,- is classified as ti)ber land!
STATEMENT OF THE ISSUES
7ien the foregoing facts and circu)stances, the follo.ing issues are presented
for discussion(
I! 8hether or not 1CT No! +,2+ is null and oid!
II! 8hether or not the title is ested to %uan dela Cru& such that the 2tate is guilty
of estoppel and laches!
III! 8hether or not the land can be sub4ect to reersion!
ARGUMENTS
I! 0s to the first issue, 0rticle 9II, 2ection 2 and , of the +/:; Constitution states that(
2ection 2( <0ll lands of the public do)ain, .aters, )inerals, coal, petroleu), and
other )ineral oils, all forces of potential energy, fisheries, forests or ti)ber, .ildlife,
flora and fauna, and other natural resources are o.ned by the 2tate=>
2ection ,( <*ands of the public do)ain are classified into agricultural, forest or
ti)ber, )ineral lands and national par?s=>
In the case of Lepanto Consolidated Mining Corporation v. Damyung, (G.R. Nos. L-
31666-6, !pril 3", 1#$#, # %CR! &3'( it .as held that(
<0 certificate of title coering inalienable lands of the public do)ain is oid and can
be cancelled in .hoseer hand said title )ay be found!>
@urther, in the case of Ledesma v. Muni)ipality o* +loilo (,# -.il. $6# (1#'6(, the
2upre)e Court held that(
<Thus, .e hae ruled that a certificate of title is oid .hen it coers property of the
public do)ain classified as forest or ti)ber and )ineral lands! 0nd any title issued on
non$disposable lands een if in the hands of alleged innocent purchaser for alue,
shall be cancelled!>
Aence, it is concluded that the 1CT No! +,2+ issued to %uan dela Cru& by the
Register of Deeds is null and oid because under our Constitution, ti)berlands, .hich
are part of public do)ain, cannot be alienated!
II! 0s to the second issue, the 2upre)e Court held in the case of Repu/li) o* t.e -.ilippines
v. 0eirs o* !ngeles, (G.R. No. 1,1'#6. 1)to/er $, '""' ((
<Ele)entary is the rule that prescription does not run against the 2tate and its
subdiisions! 8hen the goern)ent is the real party in interest, see?ing to assert its
o.n right to recoer its o.n property, there can be no defense of laches or
prescription! Public land fraudulently included in patents or certificates of title )ay
be recoered or reerted to the 2tate pursuant to 2ection +0+ of the Public *and 0ct!
The right of the 2tate to reersion or reconeyance does not prescribe!>
1n this point, the %upreme Court ruling in t.e )ase o* Repu/li) v. 0eirs o* 2elipe
!le3aga, %r., is instructie4
<True, once a patent is registered and the corresponding certificate of title is
issued, the land coered by the) ceases to be part of the public do)ain and beco)es
priate property! @urther, the Torrens Title issued pursuant to the patent beco)es
indefeasible a year after the issuance of the latter!

Ao.eer, this indefeasibility of a
title does not attach to titles secured by fraud and )isrepresentation!

8ell$settled is
the doctrine that the registration of a patent under the Torrens 2yste) does not by
itself est title3 it )erely confir)s the registrantBs already e'isting one! Cerily,
registration under the Torrens 2yste) is not a )ode of ac6uiring o.nership!5
Thus, it is clear that statute of li)itations doesnDt run against the 2tate!
III! 0s to the third issue, not.ithstanding the afore)entioned doctrine of indefeasibility of a
Torrens title after the e'piration of the +$year period proided in 2ection ,: of the *and
Registration 0ct, 2ection +0+ of the Public *a. proides a re)edy .hereby lands of the
public do)ain fraudulently a.arded to the applicant )aybe coered or reerted bac? to
its original o.ner, the 7oern)ent!
%e)tion 1"1 o* t.e -u/li) Land !)t proides that(
<0ll actions for the reersions to the 7oern)ent of *ands of the public do)ain or
i)proe)ents thereon shall be instituted by the 2olicitor 7eneral or the 1fficer acting in
his stead, in the proper courts in the na)e of Republic ECo))on.ealthF of the
Philippines!!!>
It is 6uite clear fro) the proision 4ust 6uoted that lands of the public do)ain
fraudulently a.arded to the applicant )ay be recoered or reerted bac? to its original
o.ner, the goern)ent!
PRAYER
8AERE@1RE, it is respectfully prayed for of this Aonorable Court that 4udg)ent
be rendered in faor of the plaintiff and against the defendant!
The Plaintiff li?e.ise prays for costs and for such other and further relief as this
honorable court )ay dee) 4ust and e6uitable in the pre)ises!
Tuguegarao City! 0pril 0+, 20+-!
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J0- Bal&ain Aigh.ay, Tuguegarao City, Cagayan
IBP *ifeti)e No! +2,-"# 0+$,0$20+-3 Tuguegarao City, Cagayan
PTR No! :;#"-,2+ 0+$0,$20+-3 Tuguegarao City, Cagayan
Roll of 0ttorney No! 2,-"#
5C*E Co)pliance No! III$;:/
Copy furnished through personal serice(
50RI0 50RI1
Counsel for the Defendant
J+0 0rellano 2treet, Tuguegarao City, Cagayan
Republic of the Philippines F
City of Tuguegarao F s!s!
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