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    Republic v. Jaralve - Digest

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    Kate Garo
    The Supreme Court ruled against respondents' application for registration of title to 731,380 square meter property. While respondents presented a CENRO certificate stating the property was alienable and disposable, the Court held this was insufficient without the DENR Secretary's actual classification approving the land as such. Respondents also failed to prove the property fell within the approved area or present certification from the proper PENRO authority given the property exceeded 50 hectares. As applicants failed to overcome the presumption the land was part of the public domain, their registration application was dismissed.

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    Republic v. Jaralve - Digest

    Uploaded by

    Kate Garo
    235 views1 page
    The Supreme Court ruled against respondents' application for registration of title to 731,380 square meter property. While respondents presented a CENRO certificate stating the property was alienable and disposable, the Court held this was insufficient without the DENR Secretary's actual classification approving the land as such. Respondents also failed to prove the property fell within the approved area or present certification from the proper PENRO authority given the property exceeded 50 hectares. As applicants failed to overcome the presumption the land was part of the public domain, their registration application was dismissed.

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    Property Law

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    Republic v. Jaralve_digest

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    The Supreme Court ruled against respondents' application for registration of title to 731,380 square meter property. While respondents presented a CENRO certificate stating the property was alienable and disposable, the Court held this was insufficient without the DENR Secretary's actual classification approving the land as such. Respondents also failed to prove the property fell within the approved area or present certification from the proper PENRO authority given the property exceeded 50 hectares. As applicants failed to overcome the presumption the land was part of the public domain, their registration application was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    235 views1 page

    Republic v. Jaralve - Digest

    Uploaded by

    Kate Garo
    The Supreme Court ruled against respondents' application for registration of title to 731,380 square meter property. While respondents presented a CENRO certificate stating the property was alienable and disposable, the Court held this was insufficient without the DENR Secretary's actual classification approving the land as such. Respondents also failed to prove the property fell within the approved area or present certification from the proper PENRO authority given the property exceeded 50 hectares. As applicants failed to overcome the presumption the land was part of the public domain, their registration application was dismissed.

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    © All Rights Reserved
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    REPUBLIC v.

    JARALVE
    G.R. No. 175177 October 24, 2012

    FACTS:

    The herein respondents filed with the RTC Cebu applications for registration in their names a parcel of land with an
    area of 731,380 square meters pursuant to Presidential Decree No. 1529. In support of their application, they
    presented, among others, a CENRO Certificate signed by CENR and PENR Officers that the subject property is within
    the alienable and disposable portion of Lot 18590.

    Several private persons and entities filed their oppositions to the case alleging their ownership on some portions of
    the subject property. In addition, petitioner Republic of the Philippines, argued that the subject property was part of
    the public domain, which belonged to the State and not subject to private appropriation.

    Finding the testimonial and documentary evidence, mainly on the CENRO Certificate, of the respondents sufficient to
    show that they had acquired ownership over the subject property, the RTC ruled in their favor. It held that the
    petitioner failed to controvert the fact that the subject property was within the alienable and disposable portion of
    the public domain. The decision was affirmed by the CA.

    Hence, this petition.

    ISSUE:

    Whether or not the grant of respondents’ application for registration of title to the subject property was proper under
    the law and jurisprudence.

    HELD:

    NO. The Public Land Act or Commonwealth Act No. 141, is the general law governing the classification and disposition
    of lands of the public domain. The law and jurisprudence provide stringent requirements to prove the alienability and
    disposability of lands. Our Constitution, no less, embodies the Regalian doctrine that all lands of the public domain
    belong to the State, which is the source of any asserted right to ownership of land.

    Land classification or reclassification cannot be assumed. It must be proved. The CENRO certification presented by the
    respondents is not enough to certify that a land is alienable and disposable. The applicant for land registration must
    prove that the DENR Secretary had approved the land classification and released the land of the public domain as
    alienable and disposable and that the land subject of the application for registration falls within the approved area per
    verification through survey by the PENRO or CENRO.

    The respondents failed to present in evidence an actual copy of the classification of the land as alienable and
    disposable issued by the DENR Secretary and certified as true by the legal custodian of official records. Moreover,
    Under DAO No. 20, issuance for certificates of land classification status for areas below 50 hectares is within the
    function of CENRO, otherwise, the PENRO. Since the subject property has an area of 73.138 hectares, it is clearly
    beyond the authority of the CENRO to issue the certification.

    Thus, the respondents’ application for registration and issuance of title is dismissed since they were not able to
    discharge the burden of overcoming the presumption that the land they sought to be registered forms part of the
    public domain.

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