Possession for purposes of confirmation of imperfect title shortened under new law

Dear PAO,

I acquired land from a family who occupied the same land sometime in 1970. The seller had declared the land for taxation purposes, but he never tried to apply for its registration because of so many requirements. I am now consulting someone because I want to file a petition in court for the registration of the land in my name, but I was dismayed when I was informed that my possession, including that of the seller, should be counted from June 12, 1945. Allegedly, I am not a qualified applicant, considering that the proof of possession, which was the tax declarations, started only in 1970.

Aldrin

Dear Aldrin,

Originally, the requirements under Section 14 of Presidential Decree 1529 (Property Registration Decree) for the registration of alienable and disposable lands were as follows:

“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.

“(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. xxx”

This is likely the legal basis of the person who informed you that possession of the property must be traced back to 1945. The aforementioned requirement, however, has been relaxed with the passage of Republic Act (RA) 11573, which amended certain provisions of Commonwealth Act 141 (Public Land Act) and Presidential Decree 1529. Now, the requirement on the length of possession is shortened as follows:

“Section 6. Section 14 of Presidential Decree No. 1529 is hereby amended to read as follows:

“‘SECTION 14. Who may apply. The following persons may file at any time, in the proper Regional Trial Court in the province where the land is located, an application for registration of title to land, not exceeding twelve (12) hectares, 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 not covered by existing certificates of title or patents under a bona fide claim of ownership for at least twenty (20) years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. They 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 this section.

“‘xxx”

Further shedding light on the matter at hand, the Supreme Court explained the shortened period of required possession under the new law in the case of Republic of the Philippines v. Spouses Tan, GR 232778, Aug. 23, 2023, penned by Associate Justice Samuel Gaerlan, in this wise:

“In line with the shortened period of possession under the new Section 14(1), the old Section 14(2) referring to confirmation of title of land acquired through prescription has been deleted. The rationale behind this deletion is not difficult to discern. The shortened twenty (20)-year period under the new Section 14(1) grants possessors the right to seek registration without having to comply with the longer period of thirty (30) years possession required for acquisitive prescription under the Civil Code. It is but logical for those who have been in adverse possession of alienable and disposable land for at least twenty (20) years to resort to the immediate filing of an application for registration on the basis of the new Section 14(1) without waiting for prescription to set in years later.”

Applying the above-quoted decision in your situation, your open, continuous, exclusive, and notorious possession under bona fide claim of ownership for 20 years preceding the filing of confirmation of title is now the new requirement under RA 11573.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].