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    Republic Vs Manna Properties

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    Ian Inandan
    1) Manna Properties filed an application for registration of title over two parcels of land in 1994. 2) The Republic of the Philippines opposed the application, arguing the land was part of the public domain and Manna Properties, a private corporation, was disqualified from owning such land. 3) The court ruled that for land to be considered private under Section 48 of the Public Land Act, the applicant or its predecessors must have been in continuous possession since June 12, 1945. However, in this case the land remained part of the public domain as this requirement was not met.

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    Republic Vs Manna Properties

    Uploaded by

    Ian Inandan
    529 views2 pages
    1) Manna Properties filed an application for registration of title over two parcels of land in 1994. 2) The Republic of the Philippines opposed the application, arguing the land was part of the public domain and Manna Properties, a private corporation, was disqualified from owning such land. 3) The court ruled that for land to be considered private under Section 48 of the Public Land Act, the applicant or its predecessors must have been in continuous possession since June 12, 1945. However, in this case the land remained part of the public domain as this requirement was not met.

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    Republic vs Manna Properties

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    1) Manna Properties filed an application for registration of title over two parcels of land in 1994. 2) The Republic of the Philippines opposed the application, arguing the land was part of the public domain and Manna Properties, a private corporation, was disqualified from owning such land. 3) The court ruled that for land to be considered private under Section 48 of the Public Land Act, the applicant or its predecessors must have been in continuous possession since June 12, 1945. However, in this case the land remained part of the public domain as this requirement was not met.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    529 views2 pages

    Republic Vs Manna Properties

    Uploaded by

    Ian Inandan
    1) Manna Properties filed an application for registration of title over two parcels of land in 1994. 2) The Republic of the Philippines opposed the application, arguing the land was part of the public domain and Manna Properties, a private corporation, was disqualified from owning such land. 3) The court ruled that for land to be considered private under Section 48 of the Public Land Act, the applicant or its predecessors must have been in continuous possession since June 12, 1945. However, in this case the land remained part of the public domain as this requirement was not met.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    146527 January 31, 2005


    REPUBLIC OF THE PHILIPPINES, petitioner, vs. MANNA PROPERTIES, INC., Represented
    by its President, JOSE TANYAO, respondent.
    CARPIO, J.:
    FACTS:
    On September 29, 1994, Manna Properties, Inc., represented by its president Jose Tanyao, filed
    an Application for the registration of title of two (2) parcels of land.
    Due to Land Registration Authority (LRA) repeated request before the trial court to reset the
    initial hearing date because of printing problems with the National Printing Office, which could
    affect the timely publication of the notice of hearing in the Official Gazette, initial hearing was
    commenced on July 18, 1995.
    The Office of the Solicitor General, appearing on behalf of petitioner Republic of the Philippines,
    Opposed the application for the reason that the applicant is a private corporation disqualified
    under the new Philippine Constitution to hold alienable lands of public domain.
    The lower court granted the application by the respondent and subsequently affirmed by the
    Court of Appeals.
    ISSUE:
    Whether or not subject land is classified as a private land.
    DECISION:
    The governing law is Commonwealth Act No. 141 ("CA 141") otherwise known as the "Public
    Land Act." Section 48(b) of the said law, as amended by Presidential Decree No. 1073, provides:
    (b) Those who by themselves or through their predecessors-in-interest have been in open,
    continuous, exclusive, and notorious possession and occupation of agricultural lands of the public
    domain, under a bona fide claim of acquisition of ownership, since June 12, 1945 or earlier,
    immediately preceding the filing of the application for confirmation of title except when
    prevented by war or force majeure. These shall be conclusively presumed to have performed all
    the conditions essential to a Government grant and shall be entitled to a certificate of title under
    the provisions of this chapter. (Emphasis supplied)
    Lands that fall under Section 48 of CA 141 are effectively segregated from the public domain by
    virtue of acquisitive prescription. We have held that open, exclusive and undisputed possession
    of alienable public land for the period prescribed by CA 141 ipso jure converts such land into
    private land.
    10
    Judicial confirmation in such cases is only a formality that merely confirms the
    earlier conversion of the land into private land, the conversion having occurred in law from the
    moment the required period of possession became complete.
    11

    Under CA 141, the reckoning point is June 12, 1945. If the predecessors-in-interest of Manna
    Properties have been in possession of the land in question since this date, or earlier, Manna
    Properties may rightfully apply for confirmation of title to the land. Following our ruling in
    Director of Lands v. IAC,
    12
    Manna Properties, a private corporation, may apply for judicial
    confirmation of the land without need of a separate confirmation proceeding for its
    predecessors-in-interest first.
    We rule, however, that the land in question has not become private land and remains part of the
    public domain.

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