Republic v.

Tsai Concept: 3 essential requisites for filing application for land registration:

1) Land is alienable & disposable 2) Open, continuous, exclusive, notorious possession & occupation 3) Bonafide claim of ownership on or before June 12, 1945 (latest amendment) Parties: Facts: May 31, 1993 Tsai purchased tagaytay property from owner Carungcong who did not have a title but was owner of said land through the 30-yr prescription Dec. 3, 1996 Tsai filed an application for registration as owner of subject property & improvements in accordance with sec 14 of PD 1529. Sept. 21, 1998 - RTC of Tagaytay approved Ruby Lee Tsais application for registration of an 888 sq meter lot in Tagaytay Cadastre Jan. 20, 2004 CA affirmed RTCs decision & denied States motion for reconsideration Issue: WON RTC & CA erred in granting Tsais application for registration of the 888 sqm Tagaytay property on 2 grounds: 1. Failure to meet the qualification of ownership on or before June 12, 1945 2. Failure to prove subject property has been declared alienable & disposable by the President or Secretary of DENR Held: YES to both!!! Ratio: CA 141 Sec. 48s simple 30-year prescription has been amended (several times) & now the requirement is ownership on or before June 12, 1945 as amended by PD 1073 on jan. 25, 1977. PD 1073 is in parallel with sec 14 of PD 1529. 30-year prescription no longer suffice. Tsai was only able to prove Caringcongs possession since 1948 as seen in his Tax declaration. Failure to provide a copy of original classification issued by DENR secretary & certified true copy to prove the land has been classified as alienable & disposable. All that was presented by Carungcong & Tsai are Tax declarations from 1948, OR of real property tax & Deed of Absolute Sale in 1993. Ruling: RTC & CA ruling reversed. Petition by the State is granted. Tsais application is denied. Petitioner Philippines & Respondent Ruby Lee Tsai