G.R. No. 172331. August 24, 2011.

*
RAMON ARANDA, petitioner, vs. REPUBLIC OF THE
PHILIPPINES, respondent.

Land Registration; Requisites.—The Property Registration Decree

(P.D. No. 1529) provides for original registration of land in an ordinary
registration proceeding. Under Section 14(1) thereof, a petition may be
granted upon compliance with the following requisites: (a) that the property
in question is alienable and disposable land of the public domain; (b) that
the applicants by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession and
occupation; and (c) that

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** Designated as additional member in lieu of Associate Justice Maria Lourdes P. A.

Sereno, per Special Order 1069 dated August 23, 2011.

* FIRST DIVISION.

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Aranda vs. Republic

such possession is under a bona fide claim of ownership since June 12, 1945
or earlier.
Same; Regalian Doctrine; To prove that the land subject of an
application for registration is alienable, an applicant must establish the
existence of a positive act of the government such as a presidential
proclamation or an executive order, an administrative action, investigation
reports of Bureau of Lands investigators, and a legislative act or a statute,
and the applicant may also secure a certification from the Government that
the lands applied for are alienable and disposable.—Under the Regalian
doctrine which is embodied in Section 2, Article XII of the 1987
Constitution, all lands of the public domain belong to the State, which is the
source of any asserted right to ownership of land. All lands not appearing to
be clearly within private ownership are presumed to belong to the State.
Unless public land is shown to have been reclassified or alienated to a
private person by the State, it remains part of the inalienable public domain.
To overcome this presumption, incontrovertible evidence must be
established that the land subject of the application is alienable or disposable.
To prove that the land subject of an application for registration is alienable,
an applicant must establish the existence of a positive act of the government
such as a presidential proclamation or an executive order; an administrative
action; investigation reports of Bureau of Lands investigators; and a
legislative act or a statute. The applicant may also secure a certification
from the Government that the lands applied for are alienable and disposable.
Same; Tax Declarations; While, as a rule, tax declarations or realty tax
payments of property are not conclusive evidence of ownership, nevertheless
they are good indicia of possession in the concept of owner, for no one in his
right mind would be paying taxes for a property that is not in his actual or
constructive possession—they constitute at least proof that the holder has a
claim of title over the property.—Petitioner presented tax declarations and
the deeds of confirmation of the 1946 sale from the original owner (Lucio
Olan) to Anatalio Aranda and the 1965 donation made by the latter in favor
of petitioner. But as found by the CA, the history of the land shows that it
was declared for taxation purposes for the first time only in 1981. On the
other hand, the Certification issued by the Municipal Treasurer of Malvar
stated that petitioner, who supposedly received the property from his father
in 1965, had been paying the corre-

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142 SUPREME COURT REPORTS ANNOTATED

Aranda vs. Republic

sponding taxes for said land “for more than five consecutive years including
the current year [1999],” or beginning 1994 only or just three years before
the filing of the application for original registration. While, as a rule, tax
declarations or realty tax payments of property are not conclusive evidence
of ownership, nevertheless they are good indicia of possession in the
concept of owner, for no one in his right mind would be paying taxes for a
property that is not in his actual or constructive possession—they constitute
at least proof that the holder has a claim of title over the property.
Same; Mere casual cultivation of the land does not amount to exclusive
and notorious possession that would give rise to ownership—specific acts of
dominion must be clearly shown by the applicant.—Petitioner likewise
failed to prove the alleged possession of his predecessors-in-interest. His
witness Luis Olan testified that he had been visiting the land along with his
father Lucio since he was 6 years old (he was 70 years old at the time he
testified), or as early as 1936. Yet, there was no evidence that Lucio Olan
declared the property for tax purposes at anytime before he sold it to
Anatalio Aranda. There is also no showing that Anatalio Aranda declared
the property in his name from the time he bought it from Lucio Olan. And
even assuming that Lucio actually planted rice and corn on the land, such
statement is not sufficient to establish possession in the concept of owner as
contemplated by law. Mere casual cultivation of the land does not amount to
exclusive and notorious possession that would give rise to ownership.
Specific acts of dominion must be clearly shown by the applicant.

PETITION for review on certiorari of the decision and resolution of

the Court of Appeals.
The facts are stated in the opinion of the Court.
Dante SL. Resurreccion for petitioner.
The Solicitor General for respondent.

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Aranda vs. Republic

VILLARAMA, JR., J.:
On appeal is the Decision1 dated July 26, 2005 and Resolution2
dated April 11, 2006 of the Court of Appeals (CA) in CA-G.R. CV
No. 73067 which reversed and set aside the Decision3 dated January
31, 2001 of the Regional Trial Court (RTC) of Tanauan, Batangas,
Branch 6 in Land Reg. Case No. T-335 (LRA Record No. N-69447).
Subject of a petition for original registration before the RTC is a
parcel of land situated in San Andres, Malvar, Batangas with an area
of 9,103 square meters and designated as Lot 3730, Psc 47, Malvar
Cadastre. The petition4 was originally filed by ICTSI Warehousing,
Inc. (ICTSI-WI) represented by its Chairman, Enrique K. Razon, Jr.
The Republic through the Office of the Solicitor General (OSG)
filed its opposition5 on grounds that the land applied for is part of
the public domain and the applicant has not acquired a registrable
title thereto under the provisions of Commonwealth Act No. 141 as
amended by Republic Act No. 6940.
ICTSI-WI sought leave of court to amend the application citing
the following reasons: (1) the petition was not accompanied by a
certification of non-forum shopping; (2) the statement of technical
description was based merely on the boundaries set forth in the tax
declaration; and (3) due to a technicality, the sale between the
vendor and applicant corporation cannot push through and
consequently the tax declara-

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1 Rollo, pp. 27-36. Penned by Associate Justice Magdangal M. De Leon with
Associate Justices Salvador J. Valdez, Jr. and Mariano C. Del Castillo (now a Member
of this Court) concurring.
2 Id., at pp. 48-49. Penned by Associate Justice Magdangal M. De Leon with
Associate Justices Mariano C. Del Castillo (now a Member of this Court) and Noel G.
Tijam concurring.
3 Id., at pp. 22-25. Penned by Judge Voltaire Y. Rosales.
 4 Records, pp. 1-4.
5 Id., at pp. 22-24.

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144 SUPREME COURT REPORTS ANNOTATED

Aranda vs. Republic

tion is still in the name of vendor Ramon Aranda and the land
cannot be transferred and declared in the name of ICTSI-WI.6
The trial court admitted the Amended Application for
Registration of Title,7 this time filed in the name of Ramon Aranda,
herein petitioner. Petitioner prayed that should the Land Registration
Act be not applicable to this case, he invokes the liberal provisions
of Section 48 of Commonwealth Act No. 141, as amended, having
been in continuous possession of the subject land in the concept of
owner, publicly, openly and adversely for more than thirty (30) years
prior to the filing of the application.8
In support of the application, petitioner’s sister Merlita A.
Enriquez testified that in 1965 her father Anatalio Aranda donated
the subject land to his brother (petitioner), as evidenced by
documents “Pagpapatunay ng Pagkakaloob ng Lupa” which she and
her siblings executed on June 7, 2000.9 She came to know the land
for the first time in 1965 when she was eight years old and his
brother Ramon has been tilling the land since then, planting it with
rice and corn. His brother did not introduce any permanent
improvement and also did not hire a tenant to work on the land. As
to the donation made by his father to his brother Ramon, she
recalled there was such a document but it was eaten by rats.10
Another witness, Luis Olan, testified that his father Lucio Olan
originally owned the land and that he had known about this property
since he was six (6) years old as he used to accompany his father in
going to the land. His father farmed the land and planted it first, with
rice, and later corn. They had open, peaceful, continuous and
adverse possession of the land

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6 Id., at pp. 37-38.
7 Id., at pp. 39-43.
8 Id., at p. 41.
9 TSN, May 24, 2000, pp. 2-6; TSN, June 27, 2000, pp. 2-7; Records, pp. 88-89-
A.
10 TSN, May 24, 2000, pp. 14-16.

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 Aranda vs. Republic

in the concept of owner until his father sold the land in 1946 to
Anatalio Aranda. The children of Anatalio then took over in tilling
the land, planting it with rice and corn and adding a few coconut
trees. He does not have any copy of the document of sale because
his mother gave it to Anatalio.11
On January 31, 2001, the trial court rendered its Decision12
granting the application and ordering the issuance of a decree of
registration in favor of petitioner.
The Republic appealed to the CA which reversed the trial court.
The CA held that petitioner’s evidence does not satisfactorily
establish the character and duration of possession required by law, as
petitioner failed to prove specific acts showing the nature of the
possession by his predecessors-in-interest. The CA also did not give
evidentiary weight to the documents “Pagpapatunay ng
Pagkakaloob ng Lupa” and “Pagpapatunay ng Bilihang Lampasan
ng Lupa”,13 both prepared only in the year 2000 when the
application for registration was filed, as factual proof of ownership
by the parties to the compromise agreement.
Petitioner’s motion for reconsideration was likewise denied by
the CA.
Hence, this appeal by way of a petition for review on certiorari
under Rule 45 alleging that the decision of the CA is based on a
misapprehension of facts with regard to compliance with the
required 30 years of open, exclusive, public and adverse possession
in the concept of owner. Petitioner argues that the deeds of
confirmation of the 1946 sale in favor of Anatalio Aranda and the
1965 donation to petitioner are competent proof of transfer of
ownership notwithstanding that these were executed only in the year
2000. He asserts that the testimonies of witnesses Merlita Aranda-
Enriquez and Luis Olan on the fact of loss and destruction of copies
of the afore-

_______________
11 TSN, June 27, 2000, pp. 9-15.
12 Supra note 3.
13 Records, pp. 103-104.

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146 SUPREME COURT REPORTS ANNOTATED

Aranda vs. Republic

said deeds constitute secondary evidence of the contents thereof

based on recollection of persons who are adversely affected. Such
testimonial evidence coupled with the deeds of confirmation
warrants the application of the exception from the best evidence
rule. Petitioner thus contends that the CA had no legal basis to doubt
the veracity of the donation and sale of the subject property, and to
conclude that the confirmation deeds can be treated as compromise
agreement considering that the transactions had been previously
completed and perfected by the parties.
We deny the petition.
The Property Registration Decree (P.D. No. 1529) provides for
original registration of land in an ordinary registration proceeding.
Under Section 14(1)14 thereof, a petition may be granted upon
compliance with the following requisites: (a) that the property in
question is alienable and disposable land of the public domain; (b)
that the applicants by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive and notorious
possession and occupation; and (c) that such possession is under a
bona fide claim of ownership since June 12, 1945 or earlier.
Under the Regalian doctrine which is embodied in Section 2,
Article XII of the 1987 Constitution, all lands of the public domain
belong to the State, which is the source of any asserted right to
ownership of land. All lands not appearing to be clearly within
private ownership are presumed to belong to

_______________
14 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.
xxxx

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Aranda vs. Republic

the State. Unless public land is shown to have been reclassified or

alienated to a private person by the State, it remains part of the
inalienable public domain. To overcome this presumption,
incontrovertible evidence must be established that the land subject
of the application is alienable or disposable.15
To prove that the land subject of an application for registration is
alienable, an applicant must establish the existence of a positive act
of the government such as a presidential proclamation or an
executive order; an administrative action; investigation reports of
Bureau of Lands investigators; and a legislative act or a statute.16
The applicant may also secure a certification from the Government
that the lands applied for are alienable and disposable.17
In this case, the Assistant Regional Executive Director For
Operations-Mainland Provinces of the Department of Environment
and Natural Resources (DENR), in compliance with the directive of
the trial court, issued a certification stating that the subject property
“falls within the Alienable and Disposable Land, Project No. 22-A
of Lipa, Batangas per LC Map 718 certified on March 26, 1928.”18
However, in the Certification19 dated January 14, 2000 issued by the
DENR CENR Officer of Batangas City, Pancrasio M. Alcantara,
which was submitted in evidence by the petitioner, it states that:

_______________
15 Republic v. Lao, G.R. No. 150413, July 1, 2003, 405 SCRA 291, 298, citing
Seville v. National Development Company, G.R. No. 129401, February 2, 2001, 351
SCRA 112, 120; Bracewell v. Court of Appeals, 380 Phil. 156, 162; 323 SCRA 193,
198-199 (2000); Menguito v. Republic, G.R. No. 134308, December 14, 2000, 348
SCRA 128, 139; and Pagkatipunan v. Court of Appeals, G.R. No. 129682, March 21,
2002, 379 SCRA 621, 628.
16 Republic v. Court of Appeals, G.R. No. 127060, November 19, 2002, 392
SCRA 190, 201.
17 Republic v. Tri-Plus Corporation, G.R. No. 150000, September 26, 2006, 503
SCRA 91, 102.
18 Records, p. 110.
19 Id., at p. 82-b.

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148 SUPREME COURT REPORTS ANNOTATED

Aranda vs. Republic

“This is to certify that based on projection from the technical reference

map of this Office, Lot No. 3730, Ap-04-009883, situated at Barangay San
Andres, Malvar, Batangas containing an area of NINE THOUSAND ONE
HUNDRED THREE AND FORTY SEVEN (9,103.47) SQUARE METERS
and shown at the reverse side hereof has been verified to be within the
ALIENABLE AND DISPOSABLE ZONE under Project No. 39, Land
Classification Map No. 3601 certified on 22 December 1997 except for
twenty meters strip of land along the creek bounding on the northeastern
portion which is to be maintained as streambank protection.
x x x x” (Emphasis supplied.)

Petitioner has not explained the discrepancies in the dates of

classification20 mentioned in the foregoing government
certifications. Consequently, the status of the land applied for as
alienable and disposable was not clearly established.
We also agree with the CA that petitioner’s evidence failed to
show that he possessed the property in the manner and for the
duration required by law.
Petitioner presented tax declarations and the deeds of
confirmation of the 1946 sale from the original owner (Lucio Olan)
to Anatalio Aranda and the 1965 donation made by the latter in
favor of petitioner. But as found by the CA, the history of the land
shows that it was declared for taxation purposes for the first time
only in 1981. On the other hand, the Certification issued by the
Municipal Treasurer of Malvar stated that petitioner, who
supposedly received the property from his father in 1965, had been
paying the corresponding taxes for said land “for more than five
consecutive years including the current year [1999],” or beginning
1994 only or just three years before the filing of the application for
original registration. While, as a rule, tax declarations or realty tax
payments of property are not conclusive evidence of ownership,
nevertheless they are good indicia of possession in the

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20 See Republic v. T.A.N. Properties, Inc., G.R. No. 154953, June 26, 2008, 555
SCRA 477, 492.

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Aranda vs. Republic

concept of owner, for no one in his right mind would be paying taxes
for a property that is not in his actual or constructive possession—
they constitute at least proof that the holder has a claim of title over
the property.21
Petitioner likewise failed to prove the alleged possession of his
predecessors-in-interest. His witness Luis Olan testified that he had
been visiting the land along with his father Lucio since he was 6
years old (he was 70 years old at the time he testified), or as early as
1936. Yet, there was no evidence that Lucio Olan declared the
property for tax purposes at anytime before he sold it to Anatalio
Aranda. There is also no showing that Anatalio Aranda declared the
property in his name from the time he bought it from Lucio Olan.
And even assuming that Lucio actually planted rice and corn on the
land, such statement is not sufficient to establish possession in the
concept of owner as contemplated by law. Mere casual cultivation of
the land does not amount to exclusive and notorious possession that
would give rise to ownership.22 Specific acts of dominion must be
clearly shown by the applicant.
We have held that a person who seeks the registration of title to a
piece of land on the basis of possession by himself and his
predecessors-in-interest must prove his claim by clear and
convincing evidence, i.e., he must prove his title and should not rely

on the absence or weakness of the evidence of the oppositors.23

on the absence or weakness of the evidence of the oppositors.23
Furthermore, the court has the bounden

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21 Buenaventura v. Republic, G.R. No. 166865, March 2, 2007, 517 SCRA 271,
289.
22 Wee v. Republic, G.R. No. 177384, December 8, 2009, 608 SCRA 72, 83,
citing Director of Lands v. Judge Reyes, 160-A Phil. 832, 851; 68 SCRA 177, 193
(1975) and Ramirez and Bayot de Ramirez v. Director of Lands, 60 Phil. 114 (1934).
23 Arbias v. Republic, G.R. No. 173808, September 17, 2008, 565 SCRA 582,
597, citing Republic v. Intermediate Appellate Court, No. L-66069, September 28,
1984, 132 SCRA 395, 397, cited in Edaño v. Court of Appeals, G.R. No. 83995,
September 4, 1992, 213 SCRA 585, 592.

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150 SUPREME COURT REPORTS ANNOTATED

Aranda vs. Republic

duty, even in the absence of any opposition, to require the

petitioner to show, by a preponderance of evidence and by positive
and absolute proof, so far as possible, that he is the owner in fee
simple of the lands which he is attempting to register.24 Since
petitioner failed to meet the quantum of proof required by law, the
CA was correct in reversing the trial court and dismissing his
application for judicial confirmation of title.
WHEREFORE, the present petition for review on certiorari is
DENIED. The Decision dated July 26, 2005 and Resolution dated
April 11, 2006 of the Court of Appeals in CA-G.R. CV No. 73067
are AFFIRMED and UPHELD.
With costs against the petitioner.
SO ORDERED.

Corona (C.J., Chairperson), Leonardo-De Castro,

Bersamin and Perez,** JJ., concur.

Petition denied, judgment and resolution affirmed and upheld.

Note.—Petitions for the issuance of writs of possession, a land

registration proceeding, do not fall within the ambit of the Rules of
Court. Thus, the rules on consolidation should not be applied.
(Espinoza vs. United Overseas Bank Phils., 616 SCRA 353 [2010])
——o0o——

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24 Id., citing Maloles and Malvar v. Director of Lands, 25 Phil. 548, 553 (1913),
cited in Edaño v. Court of Appeals, id., at p. 593.
 ** Designated additional member per Raffle dated August 22, 2011 vice
Associate Justice Mariano C. Del Castillo who recused himself due to prior action in
the Court of Appeals.

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