Republic vs. Court of Appeals

131 SCRA 532 (1984)

FACTS: The subject land in this case is situated 20 meters away from the shores of Laguna de Bay. Said land was owned by Benedicto del Rio. After the death of Benedicto, the land was acquired by his son Santos Del Rio. The private oppositors in this case sought and obtained permission from Santos Del Rio to construct duck houses on said land. The private oppositors, however, violated their agreement and instead constructed residential houses thereon. Santos then filed an ejectment suit against the private oppositors and later on sought to register the land. Meanwhile, private oppositors simultaneously filed their respective sales applications with Bureau of Lands, and they opposed Santos del Rio’s application for registration.

The CFI of Laguna dismissed the application for registration. Applicant appealed and obtained a favourable judgment from the Court of Appeals. The Director of Lands and the private oppositors filed their respective petitions for review on said decision to the Supreme Court. 

The Director of Lands contends that since a portion of the land is covered with water four to five months a year, the same is part of the lake bed of Laguna de Bay and therefore it cannot be the subject of registration.

ISSUE:

1.       Whether or not the parcel of land in question is public land; and

2.       Whether or not applicant private respondent has registerable title to the land.

HELD: The inundation of a portion of the land is not due to "flux and reflux of tides." It cannot be considered a foreshore land, hence it is not a public land and therefore capable of registration as private property provided that the applicant proves that he has a registerable title. The purpose of land registration under the Torrens System is not the acquisition of lands but only the registration of title which applicant already possesses over the land. 

While it is true that by themselves tax receipts and declarations of ownership for taxation purposes are not incontrovertible evidence of ownership, they become strong evidence of ownership acquired by prescription when accompanied by proof of actual possession of the property. Applicant by himself and through his father before him, has been in open, continuous, public, peaceful, exclusive and adverse possession of the disputed land for more than thirty (30) years and has presented tax declarations and tax receipts. 

Applicant has more than satisfied the legal requirements. Thus, he is clearly entitled to the registration in his favor of said land.