Dear PAO,

Our ancestors have been in open, continuous, exclusive and notorious possession of an agricultural land in Bacolod since March 1945. In 2023, we planned to apply for an original certificate of title for the same land. However, the said agricultural land was only declared by the government as alienable and disposable land in 2022. Can we still apply for an original certificate of title for this land even if it was only declared as alienable and disposable in 2022?

Foren

Dear Foren,

Based on Section 14 (1) of Presidential Decree (PD) 1529, known as the Property Registration Decree, a person who, by themselves or through their predecessors-in-interest, has 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, may file an application for registration of title to the land, to quote:

“Section 14. Who may apply. The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:

“(1) 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 ownership since June 12, 1945, or earlier.”

It should be noted, however, that this provision of law covers only agricultural lands because, under Section 3, Article XII, of the 1987 Constitution, alienable lands of the public domain shall be limited to agricultural lands. Therefore, in order for a person to apply for original registration of a land under Section 14 (1) of PD 1529, the following requisites must be present: (1) the applicant, by themselves or through their predecessors-in-interest, have been in an open, continuous, exclusive and notorious possession and occupation; (2) such possession is under a bona fide claim of ownership since June 12, 1945, or earlier; (3) the subject land must be limited to an agricultural land; (4) the property in question must be declared alienable and disposable land of public domain.

The question now is whether the land must have been declared as alienable and disposable since June 12, 1945, or earlier. The answer is in the negative. In the case of Republic of the Philippines v. Court of Appeals and Corazon Naguit, GR 144057, Jan. 17, 2005, the Supreme Court, through Associate Justice Dante Tiñga, ruled that Section 14 (1) of PD 1529 merely requires that the property sought to be registered must be declared as alienable and disposable at the time the application for registration of title is filed, to quote:

“Instead, the more reasonable interpretation of Section 14(1) is that it merely requires the property sought to be registered as already alienable and disposable at the time the application for registration of title is filed. If the State, at the time the application is made, has not yet deemed it proper to release the property for alienation or disposition, the presumption is that the government is still reserving the right to utilize the property; hence, the need to preserve its ownership in the State irrespective of the length of adverse possession even if in good faith. However, if the property has already been classified as alienable and disposable, as it is in this case, then there is already an intention on the part of the State to abdicate its exclusive prerogative over the property.”

Applying this ruling to your case, you stated that your predecessors-in-interest have been in open, continuous, exclusive, and notorious possession of an agricultural land in Bacolod since March 1945, which was declared as alienable and disposable only in 2022. If you can prove such possession, you may apply for registration of title of the said land. The fact that the land was only declared as alienable and disposable a couple of years ago does not invalidate your claim. What is material is that the land is already classified as alienable and disposable at the time of application, and not during the entire period of possession.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]