No. However, under the United States Supreme Court’s jurisprudence regarding takings law, the government may still benefit from “background principles of the State’s law of property[,]” which includes acquisitive prescription. At common law a right could only be acquired prescriptively if use, enjoyment or benefit (user) as of right could be shown to have been enjoyed from ‘time immemorial’. 52 Id. 1529 as her legal basis.53. Likewise, to solely rely on tax declarations and payment of realty taxes would mean that petitioner’s possession of the land should be reckoned from 1949 or the year the earliest tax declaration was made. No. In India, adverse possession by a person of the land of another for 12 years extinguishes the ownership of the previous owner and the person being such adverse possession becomes the owner. 80 Id.,citing Lao v. People, 578 Phil. The trial court found the Department of Environment and Natural Resources’ report sufficient to prove the existence of the first requisite.56 The Court of Appeals’ decision was silent on this matter. Under extraordinary acquisitive prescription, a person’s uninterrupted adverse possession of patrimonial property for at least thirty (30) years, regardless of good faith or just title, ripens into ownership. After considering the parties’ arguments and the records of this case, this court resolves to grant the petition. 1529, the 30-year period involves extraordinary prescription under the Civil Code, particularly Article 1113 in relation to Article 1137.52, In this case, neither the trial court nor the Court of Appeals clarified under which paragraph of Section 14 of Presidential Decree No. The document was noted by Deputy Administrator Ofelia E. Abueg-Sta. No. 179181, November 18, 2013, 709 SCRA 576, 590–591 [Per J. Brion, Second Division]. 152948 or the Property Registration Decree governs the applications for registration of title to land: Section 14. Who may apply. This court upheld the findings of the trial court as adopted by the Court of Appeals. Considering the absence of sufficient evidence that the subject land is a patrimonial property of the State, we must consider it part of public dominion and thus immune from acquisitive prescription. 179987, September 3, 2013, 704 SCRA 561, 584–585 [Per J. Bersamin, En Banc Resolution]). Tax declarations serve as additional indicia of ownership. Petitioner has sufficiently overcome the burden of proof required in a judicial confirmation of incomplete or imperfect title to land. In order to ripen into ownership, possession must be in the role of an owner, public, peaceful and uninterrupted. (b) Lands of the public domain subsequently classified or declared as no longer intended for public use or for the development of national wealth are removed from the sphere of public dominion and are considered converted into patrimonial lands or lands of private ownership that may be alienated or disposed through any of the modes of acquiring ownership under the Civil Code. Protection of the Environment and Natural Resources. "36, TCT No. 171136, October 23, 2013, 708 SCRA 367, 378–379 [Per J. Leonardo-De Castro, First Division]; See also Bunyi, et al., v. Factor, 609 Phil. 23377 issued on May 12, 1933, both in the name of Francisco and Hermogenes Guido, and which supposed owner’s duplicate was made the basis of the administrative reconstitution of Transfer Certificate of Title No. 48 This decree is entitled "Amending and Codifying the Laws Relative to Registration of Property and For Other Purposes.". Possession occurs through the exercise of the right claimed and the intention of exercising it as the holder of the right. CV No. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. (a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of the Public Land Act. Records show that petitioner was aware of this development as early as 2009 or even before the appeal to the Court of Appeals.81 There has been no mention of this document before the Court of Appeals or in the present petition. Acquisitive prescription. In Multi-Realty Development Corporation v. The Makati Tuscany Condominium Corporation,82 this court said that: [s]ettled is the rule that no questions will be entertained on appeal unless they have been raised below. This court in Tan found that "[w]hile there was an attempt to supplement the tax declaration by testimonial evidence, the same is futile and frivolous. It does not escape this court’s attention — considering the length of time the document was in petitioner’s possession — that the document was presented by petitioner at this latestage in the Court of Appeals proceedings. Original method of acquiring ownership by a possessor through the exercise of the right to in... Ceased to be part of the Philippines, 622 SCRA 730, 739 [ Per J. Tinga En... Guido, et al., G.R 576, 590–591 [ Per J. Reyes, First Division ] from Tan Republic.... Non-payment / Underpayment of Salaries and Benefits been more specific and did not leave ina! Of Section 14 ( 1 ) of the law in TCT No at 448, citing Lao v. People 578... 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