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In June 2020, Emer applied for confirmation of title of a land he inherited from his deceased parents, who had open, continuous, exclusive, and…

2026 Bar Exam · Political & Public International Law · Question 9 · Essay

The question

In June 2020, Emer applied for confirmation of title of a land he inherited from his deceased parents, who had open, continuous, exclusive, and notorious possession of the same since May 1990. While the possession was duly proven, the trial court, in June 2021, denied the application absent proof of the approval of the Secretary of the Department of Environment and Natural Resources (DENR) declaring that the land is alienable and disposable. In August 2021, Emer appealed to the Court of Appeals (CA). In August 2026, while the case was still pending before the CA, Emer filed a motion thereat asking that he be allowed to present additional evidence to prove that the land is alienable and disposable. Emer listed what he intends to present, which are the matters required by Section 7 of Republic Act No. 11573. The CA denied the motion and opined that Republic Act No. 11573, which took effect on September 1, 2021, does not apply to Emer’s case which was filed in 2020; and that even if Emer complies with Section 7 of Republic Act No. 11573, there is still no confirmation that the land is no longer retained by the state for public use, public service, or the development of national wealth. Is the CA correct? Explain.

Held

No, the Court of Appeals (CA) is not correct in denying Emer's motion to present additional evidence under Republic Act No. 11573, as this law applies retroactively to pending cases and allows the presentation of such evidence, under Section 7 of RA 11573 and the rulings in Republic Of The Philippines v. Pasig Rizal Co, G.R. No. 213207 (2022) and Dima-Ano v. Republic Of The Philippines, G.R. No. 221553 (2023).

Explanation

Republic Act No. 11573 amended the Property Registration Decree to simplify and clarify the requirements for judicial confirmation of imperfect land titles. Section 14 now requires only proof of open, continuous, exclusive, and notorious possession of alienable and disposable lands for at least twenty years immediately preceding the application, removing the older requirement to prove possession since June 12, 1945. The law also provides that once possession is proven, the applicant is conclusively presumed to have fulfilled all conditions essential to a government grant and is entitled to a certificate of title.

Section 7 of RA 11573 specifies that a certification by a DENR geodetic engineer that the land is alienable and disposable, imprinted on the approved survey plan and containing a sworn statement referencing applicable land classification orders or maps, is sufficient proof of alienability. This replaces the need for more cumbersome proof or government declarations.

The Supreme Court in Republic Of The Philippines v. Pasig Rizal Co clarified that no further government manifestation is needed to prove that the land is no longer retained by the State for public use or development. The Court also directed that courts allow the presentation of additional evidence on land classification status under Section 7 of RA 11573.

In Dima-Ano v. Republic Of The Philippines, the Court confirmed that RA 11573 applies retroactively to all pending applications for judicial confirmation of title as of its effectivity date, including those pending appeal before the Court of Appeals. The Court further instructed that the CA must allow the presentation of additional evidence under Section 7 of RA 11573 to establish the land's alienable and disposable status.

Application to the facts

Emer's application for confirmation of title was filed in June 2020 and was pending before the Court of Appeals as of September 1, 2021, when RA 11573 took effect. Under the Supreme Court's ruling in Dima-Ano, RA 11573 applies retroactively to his case. Therefore, the CA should have allowed Emer's motion to present additional evidence to prove that the land is alienable and disposable, as required by Section 7 of RA 11573.

The trial court's denial of Emer's application for lack of proof of the Secretary of DENR's approval declaring the land alienable and disposable is no longer the controlling standard. RA 11573 provides that a certification by a DENR geodetic engineer imprinted on the survey plan is sufficient proof. Emer's intention to present evidence as required by Section 7 aligns with this standard.

The CA's denial based on the argument that RA 11573 does not apply to cases filed before its effectivity is incorrect because the Supreme Court has ruled that the law applies retroactively to pending cases, including those on appeal. Moreover, the CA's insistence on proof that the land is no longer retained by the State for public use or development is no longer required under the amended law and Supreme Court rulings.

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This is general legal information, not legal advice.