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Republic vs. Tsai (Proof of Classification)

Respondent purchased land from a possessor of over 30 years who did not have title. Respondent applied for registration under PD 1529, which the trial court approved. However, the Republic appealed arguing respondent failed to prove possession since June 12, 1945 or earlier, as required by amendments. The Court of Appeals affirmed the lower court. The Supreme Court reversed, finding respondent failed to meet the qualifications of proving possession by June 12, 1945 or earlier, as amended by PD 1073, and failed to submit DENR classification proving the land was alienable and disposable.

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135 views

Republic vs. Tsai (Proof of Classification)

Respondent purchased land from a possessor of over 30 years who did not have title. Respondent applied for registration under PD 1529, which the trial court approved. However, the Republic appealed arguing respondent failed to prove possession since June 12, 1945 or earlier, as required by amendments. The Court of Appeals affirmed the lower court. The Supreme Court reversed, finding respondent failed to meet the qualifications of proving possession by June 12, 1945 or earlier, as amended by PD 1073, and failed to submit DENR classification proving the land was alienable and disposable.

Uploaded by

John Baja Gapol
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

168184 June 22, 2009


Republic vs. Ruby Lee Tsai
Facts:
Respondent purchased a property located in Tagaytay from Carungcong who did not
have a title but was the possessor of said land for more than 30 years.
Subsequently, Respondent filed an application for registration as owner of subject
property & improvements in accordance with sec 14 of PD 1529 which the RTC of
Tagaytay approved respondents application for registration of the lot in Tagaytay.
The Republic appealed to the Court of Appeals on the ground that the trial court
erred in granting the application of the registration despite respondents failure to
prove open, continuous, exclusive and notorious possession of the subject property
since 12 June 1945 or earlier. The CA affirmed the lower courts finding and ruled
that the respondent need not prove that she and her predecessors-in-interest have
been in possession per RA No. 1942 which had supersede CA 141. RA 1942 provides
for a simple 30 year prescriptive period of occupation by an applicant who seeks
judicial confirmation of title.
Issue: WON RTC & CA erred in granting the application for registration of the on 2
grounds:
1 Failure to meet the qualification of ownership on or before June 12, 1945
2 Failure to prove subject property has been declared alienable & disposable by
the President or Secretary of DENR
Held:
Through the years, CA 141 simple 30-year prescription has been amended several
times. The law now stands that a mere showing of possession and occupation for
more than 30 years or more is not sufficient. As amended and required by PD 1073,
it must be shown that possession and occupation of a land by an applicant, or
through his predecessors-in-interest, must start on 12 June 1945 or earlier. Also,
applicant must submit a copy or certified true copy of the original classification
issued by DENR secretary to prove the land has been classified as alienable &
disposable. All that was presented by respondents were Tax declarations from 1948,
Official Receipt of real property tax & Deed of Absolute Sale in 1993.

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