Buenaventura v RP 517 SCRA 271 Spouses Amado and Irene Buenaventura acquired a parcel of land from the Heirs

of lazaro de Leon before WWII. However, it was only on Jan 30, 1948 that a deed was executed in favor of the spouses. Subsequently, it was transferred to their heirs (the petitioners, Angelita and Preciosa). On June 5, 2000, the Buenaventuras filed with the RTC of Paranaque for the registration of the title. The case wa set for hearing. The benaveturas presented evidence and witnesses to prove that they have acquired vested rights over the lan through open, continuous, and exclusive possession under a bona fide claim of ownership for over 50 years completely unmolested. The RTC granted the application. RP appealed the RTCs decision with the CA, who ruled in favor of RP. CA declared that the land was public. The CA recognized that they acquired possession since 1948, but they failed to show ownership since June 12, 1945 as required by Sec. 14 of the PRD.

Issue: Whether or not the subject property is an alienable and disposable land of public domain, hence susceptible of application for registration under the PRD? Held: Yes. Ratio: In this case, the court disagreed with the Republics claim that the land in question is not alienable and disposable, invoking Sec. 2 of Art. XII of the Constitution and the Regalian Doctrine, which states that all lands of the public domain belong to the State and all lands not otherwise appearing within private ownership are presumed to belong to the State and all lands not otherwise appearing within private ownership are presumed to belong to the state. Such presumption however, is not conclusive. It can be rebutted by the applicants presentation of incontrovertible evidence showing that the land subject of application for registration is alienable and disposable. Petitioners presented a certification issued by the DENR showing that the land is an alienable and disposable land of public domain since Jan 3, 1968. Such certification is sufficient to establish the true nature or character of the subject property. The certification enjoys the presumption of regularity in the absence of contradictory evidence. Therefore, the alienable and disposable character of the questioned parcel of land has been clearly established by the evidence of the Buenaventura, by Jan 3, 1968, at the lastest.

Even if the possession of alienable lands of the public domain commenced only after June 12, 1945, application for registration of the said property is still possible by virtue of Sec. 14(2) of the PRD which speaks of prescription. Under the NCC, prescription is one of the modes of acquiring ownershop. Art. 1137 of the NCC states that ownership and other realrights over immovable also prescribe through uninterrupted adverse possession thereof for 30 years w/o need of title or of good faith.