Vernon Reyes v Republic

[G.R. No. 141924. January 23, 2007.]

1. Reyes filed before the RTC an application for

confirmation and registration of his imperfect
title over a parcel of land located in Silang,
Cavite with 45k sq. m.
2. Reyes claimed that he and heirs of Eusebio
Vicente executed a Deed of Extra-Judicial
Settlement to adjudicate the land in his favor.
3. RTC approved the application.
4. The Republic interposed contending that
petitioner failed to satisfy the required
quantum of evidence to support the
application: CA 141, Sec. 48 (b) and PD 1529,
Sec. 14 (1) require that
(1) applicants must prove that the land is
alienable and disposable (A&D) public land, and
(2) they, or through their predecessors-in-
interest, have been in open, continuous,
exclusive, and notorious possession and
occupation of the A&D public land under the
bona fide claim of ownership or acquisition
since June 12, 1945.
5. CA agreed with the Republic and reversed the
RTC grant of application to Reyes.

ISSUE: whether or not Reyes qualifies for the

confirmation of his imperfect title

RULING:

No. Section 48 (b) of Commonwealth Act No.

141, as amended (Public Land Act), and Section 14 (1)
of Presidential Decree 1529, otherwise known as the
Property Registration Decree, require:

1. applicants must prove that the land is alienable

and disposable public land; and
2. that they or through their predecessors in
interest, have been in open, continuous,
exclusive, and notorious possession and
occupation of the alienable and disposable land
of the public domain, under a bona fide claim of
acquisition or ownership, since June 12, 1945.

Reyes bought the land in 1992 and applied for

confirmation in 1996. Even if it was proved that the land
is indeed A&D public land, there was no proof
presented as to the occupation of the predecessors-in-
interest that Eusebio Vicente had been in possession of
the land since June 12, 1945. No witnesses were
presented to state the same.

Therefore, the CA ruling is affirmed.