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Nat Res Cases G.R. No. 164408 March 24, 2014 REPUBLIC OF THE PHILIPPINES, Petitioner, vs. ZURBARAN REALTY AND DEVELOPMENT CORPORATION, Respondent . D E C I S I O N BERSAMIN, J.: An application for original registration of land of the public domain under Section 14(2) of Presidential Decree (PD) No. 1529 must show not only that the land has previously been declared alienable and disposable, but also that the land has been declared patrimonial property of the State at the onset of the 30-year or 10-year period of possession and occupation required under the law on acquisitive prescription. Once again, the Court applies this rule-as clarified in Heirs of Mario Malabanan v. Republic 1 – in reviewing the decision promulgated on June 10, 2004, 2 whereby the Court of Appeals (CA) granted the petitioner's application for registration of land. Antecedents On May 28, 1993, respondent Zurbaran Realty and Development Corporation filed in the Regional Trial Court (RTC) in San Pedro, Laguna an application for original registration covering a 1,520 square meter parcel of land situated in Barrio Banlic, Municipality of Cabuyao, Province of Laguna, denominated as Lot 8017-A of Subdivision Plan CSD-04-006985-D, Cad. 455-D, Cabuyao Cadastre, 3 alleging that it had purchased the land on March 9, 1992 from Jane de Castro Abalos, married to Jose Abalos, for P300,000.00; that the land was declared for taxation purposes in the name of its predecessor-in-interest under Tax Declaration No. 22711; that there was no mortgage or encumbrance of any kind affecting the land, nor was there any other person or entity having any interest thereon, legal or equitable, adverse to that of the applicant; and that the applicant and its predecessors-in-interest had been in open, continuous and exclusive possession and occupation of the land in the concept of an owner. Attached to the application were several documents, namely: (1) tracing cloth plan as approved by the Land Management Division of the Department of Environment and Natural Resources (DENR); (2) blue print copies of the tracing cloth plan; (3) copies of the technical description; (4) copies of Tax Declaration No. 2711; and (5) copies of the Deed of Sale dated March 9, 1992. The Republic, represented by the Director of Lands, opposed the application, arguing that the applicant and its predecessors-in-interest had not been in open, continuous, exclusive and notorious possession and occupation of the land since June 12, 1945; that the muniments of title and tax declaration presented did not constitute competent and sufficient evidence of a bona fide acquisition of the land; and that the land was

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Nat Res CasesG.R. No. 164408 March 24, 2014REPUBLIC OF THE PHILIPPINES,Petitioner,vs.ZURBARAN REALTY AND DEVELOPENT CORPORATION,Res!on"ent .D E C I S I O NBERSAMIN, #.$An application for original registration of land of the public domain under Section 14(! of "residential Decree ("D! No. 1#$ must sho% not onl& that the land has pre'iousl& been declared alienable and disposable( but also that the land has been declared patrimonial propert& of the State at the onset of the )*+&ear or 1*+&ear period of possession and occupation re,uired under the la% on ac,uisiti'e prescription. Once again( the Court applies this rule+as clari-ed in .eirs of /ario /alabanan '. 0epublic1 1 in re'ie%ing the decision promulgated on 2une 1*( **4(

%hereb& the Court of Appeals (CA! granted the petitioner3s application for registration of land.AntecedentsOn /a& 4( 1$$)( respondent 5urbaran 0ealt& and De'elopment Corporation -led in the 0egional 6rial Court (06C! in San "edro( 7aguna an application for original registration co'ering a 1(#* s,uare meter parcel of land situated in 8arrio 8anlic( /unicipalit& of Cabu&ao( "ro'ince of 7aguna( denominated as 7ot 4*19+A of Subdi'ision "lan CSD+*4+**:$4#+D( Cad. 4##+D( Cabu&ao Cadastre() alleging that it had purchased the land on /arch $( 1$$ from 2ane de Castro Abalos( married to 2ose Abalos( for ")**(***.**; that the land %as declared for taecting the land( nor %as there an& other person or entit& ha'ing an& interest thereon( legal or e,uitable( ad'erse to that of the applicant; and that the applicant and its predecessors+in+interest had been in open( continuous and e

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