Malabanan Vs Republic
Malabanan Vs Republic
Malabanan Vs Republic
Malabanan v. Republic
Sept. 3, 2013 - Resolution of Motion for Reconsideration
Ponente: Bersamin, J.
Digest Maker: J. Ragragio
4.
5.
Section 11 of the Public Land Act (CA No. 141) provides the
manner by which alienable and disposable lands of the public
domain. In particular, Sec. 11 (4b) provides that acquisition by
confirmation of imperfect or incomplete titles is done by
administrative legalization. The Court read this together with Sec.
48 (b), which provided that registration may be done by citizens
of the Philippines 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 acquisition of ownership, since June 12, 1945, or earlier.
In sum, the Court provided the following must be satisfied for an
application for registration to be granted:
1.
The applicant, by himself or through his predecessor-ininterest, has been in possession and occupation of the
property subject of the application;
2.
3.
must
be
an