Requirements for confirmation and registration of imperfect and incomplete title under C.A. No. 141 and P.D. No. 1529

"x x x.

C.A. No. 141 governs the classification and disposition of lands ofthe
public domain. Section 11 of C.A. No. 141 provides, as one of the modes of
disposing public lands that are suitable for agriculture, the "confirmation of
imperfect or incomplete titles." Section 48, on the other hand, enumerates
those who are considered to have acquired an imperfect or incomplete title
over public lands and, therefore, entitled to confirmation and registration
under the Land Registration Act.

The RCAM did not specify the particular provision of C.A. No. 141
under which it anchored its application for confirmation and registration of
title. Nevertheless, the allegations in its application and amended
application readily show that it based its claim of imperfect title under
Section 48(b) of C.A. No. 141. As amended by P.D. No. 1073 on January
25, 1977, Section 48(b) ofC.A. No. 141 currently provides:

Section 48. The following described citizens of the Philippines,
occupying lands of the public domain or claiming to own any such lands
or an interest therein, but whose titles have not been perfected or
completed, may apply to the Court of First Instance [now Regional Trial
Court] of the province where the land is located for confirmation of their
claims and the issuance of a certificate of title therefor, under the Land
Registration Act, to wit:

X X XX

(b) Those who by themselves or through their predecessorsin.:
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 or 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. [emphases and italics ours]

Prior to the amendment introduced by P.D. No. 1073, Section 48(b) of
C.A. No. 141, then operated under the Republic Act (R.A.) No. 1942 (June
22, 1957) amendment which reads:

(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
or ownership, for at least thirty years, 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. [emphases and italics ours]

Since the RCAM filed its application on September 15, 1966 and its
amended application on October 4, 1974, Section 48(b) of C.A. No. 141, as
amended by R.A. No. 1942 (which then required possession of thirty years),
governs.

In relation to C.A. No. 141, Section 14 of Presidential Decree (P.D.)
No. 1529 or the "Property Registration Decree" specifies those who are
qualified to register their incomplete title over an alienable and disposable
public land under the Torrens system. P.D. No. 1529, which was approved
on June 11, 1978, superseded and codified all laws relative to the
registration of property.

The pertinent portion of Section 14 of P.D. No. 1529 reads:

Section 14. Who may apply.- The following persons may file in
the proper Court of First Instance [now Regional Trial Court] 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. [italics
ours].


Under these legal parameters, applicants in a judicial confirmation of
imperfect title may register their titles upon a showing that they or 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 acquisition or ownership, 27 since
June 12, 1945, or earlier (or for at least 30 years in the case of the RCAM)
immediately preceding the filing of the application for confirmation of title.
The burden of proof in these cases rests on the applicants who must
demonstrate clear, positive and convincing evidence that: (1) the property
subject of their application is alienable and disposable land of the public
domain; and (2) their alleged possession and occupation of the property were
of the length and of the character required by law.28

x x x."


See:

ROMAN CATHOLIC ARCHBISHOP
OF MANILA,
Petitioner,

-versus-

CRESENCIASTA.TERESA
RAMOS, assisted by her husband,
PONCIANO FRANCISCO,
Respondent.

G.R. No. 179181
NOV. 18, 2013