Republic of the Philippines, represented by the Department of Transportation (DOTr) vs. Guillerma Lamaclamac and the Land Registration Authority,
G.R. No. 240331, March 16, 2022
Facts:
1. The subject of the complaint is a parcel of land located at Alubijid, Misamis Oriental, which was brought under cadastral proceedings.
2. On August 26, 1941, the cadastral court issued Decree No. 756523 in favor of Lamaclamac. Thereafter, the LRA recorded Decree No. 756523, in its book. Sadly, Lamaclamac died in 1947. She was survived by her heirs who later on sold the subject lot to the government.
3. On July 7, 2006, the DOTr secured a Certification from the LRA Administrator which states, among others, that Decree No. 756523, is not among those salvaged decrees on file, and thus, is presumed to have been lost or destroyed as a consequence of the last World War.
4. The Republic of the Philippines, represented by the DOTr, filed Complaint for Cancellation of Decree alleging that Lamaclamac abandoned her right over the subject lot, as borne by the fact that she failed to secure a certificate of title over the same after more than 65 years.
Issues:
· Whether or not the land becomes registered land once the decision of the cadastral court declaring the adjudicatee as owner of the subject lot attains finality.
· Whether or not the failure to secure certificate of title over the subject land after more than 65 years constitute laches or abandonment
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Ruling:
FIRST ISSUE
Yes. The Supreme Court held that once the title of ownership is vested upon the adjudicatee, the land, for all intents and purposes, had become, from that time, registered property, which could not be acquired by adverse possession. Title of ownership is vested once the decision of the cadastral court declaring the adjudicatee as owner of the subject lot attains finality.
In Alberto, the Court stressed that the requirement of registration to bind the land applies only when public land is conveyed through a patent, but "does not apply in cadastral proceedings, wherein the court confirms private ownership of land, which, upon finality, renders the land as registered property." Therefore, the subject lot became a registered property when Decree No. 756523 attained finality.
Once the decree issued to the owner attains finality, the obligation to cause the issuance of the certificate of title devolves upon the government, particularly the Land Registration Authority.
SECOND ISSUE
No. The Supreme Court held that land registration is a special proceeding, that necessarily leads to the declaration of ownership by a person of a parcel of land, in line with the nature of a special proceeding that seeks to establish a status, condition, or fact by judicial fiat. Owing to this peculiarity, once a decision in land registration cases becomes final, it is inevitably "complete in itself and does not need to be filled in," because "the judgment is merely declaratory in character and does not need to be enforced against the adverse party." For this reason, the rules on prescription and laches do not apply to land registration cases.
A land becomes registered land once the decision of the cadastral court declaring the adjudicatee as owner of the subject lot attains finality. Once title of ownership is vested in the prevailing party, inaction on his or her part cannot be construed as laches or abandonment, owing to the fact that he or she is not required to undertake any steps to effectuate such decision. From that point on, "a ministerial duty exists alike on the part of the land registration court to order the issuance of, and the LRA to issue, the decree of registration."
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