Evidence to prove that land is alienable and disposable
"m We would like to apply for the issuance of title covering a certain land that my family and my ancestors have been occupying for a long time. We already inquired with the appropriate government agency regarding this matter and they gave us the requirements needed. One requirement is that the land applied for must be alienable and disposable. What are the proofs we need to present or submit in order to prove that the land is classified as alienable and disposable?
MerickDear Merick,
It is essential in land registration that the applicant must prove that the classification of the land is alienable and disposable. This is in consonance with Section 14 (1) of Presidential Decree 1529, otherwise known as the Property Registration Decree, which states:“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 earlierxxxx
xxxxxxxxxxxx”.Agricultural lands classified as alienable and disposable may be the subject of land registration. The documentary proofs or pieces of evidence which are essential for the applicant to prove his claim that the land is alienable are enumerated in the case of Dumo vs. Republic of the Philippines (GR 218269, June 6, 2018), where the Supreme Court through Associate Justice Antonio T. Carpio states:
“In Republic of the Philippines v. T.A.N. Properties, lnc., this Court has held that an applicant must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. Additionally, a certificate of land classification status issued by the Community Environment and Natural Resources Office (CENRO) or the Provincial Environment and Natural Resources Office (PENRO) of the DENR and approved by the DENR Secretary must also be presented to prove that the land subject of the application for registration is alienable and disposable, and that it falls within the approved area per verification through survey by the PENRO or CENRO. In Republic of the Philippines v. Roche, we clearly stated:“The applicant bears the burden of proving the status of the land. In this connection, the Court has held that he must present a certificate of land classification status issued by the Community Environment and Natural Resources Office (CENRO) or the Provincial Environment and Natural Resources Office (PENRO) of the DENR.He must also prove that the DENR Secretary had approved the land classification and released the land as alienable and disposable, and that it is within the approved area per verification through survey by the CENRO or PENRO. Further, the applicant must present a copy of the original classification approved by the DENR Secretary and certified as true copy by the legal custodian of the official records. These facts must be established by the applicant to prove that the land is alienable and disposable.”Applying this decision in your situation, the first requirement in land registration is to prove that the land is alienable and disposable and the burden of proving the same lies with the applicant. The following documents or proofs are necessary to support that the land is classified as alienable and disposable: a copy of the original classification approved by the DENR Secretary and certified as true by the legal custodian of the official records, and Certificate of Land Classification Status issued by the CENRO or PENRO and approved by the DENR.This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter." - https://www.affordablecebu.com/
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"Evidence to prove that land is alienable and disposable" was written by Mary under the Legal Advice category. It has been read 790 times and generated 1 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
|