Republic v. Tan, G.R. No. 199537 Case Digest

 

Republic v. Tan,

G.R. No. 199537

 

 

Facts:

 Tan applied for the original registration of title of Lot No. 4080 situated in Casili, Consolacion, Cebu. She alleged that she is the absolute owner in fee simple of the said 7,807 square-meter parcel of residential land she purchased from a certain Julian Gonzaga.  The land registration court granted Tan’s application. The court confirmed her title over the subject lot and ordered its registration. The Republic appealed the case to the CA.  CA denied the appeal.

 

Issue:

Whether or not the alienable public property not been withdrawn from public use or public service can be acquired by prescription.

 

Held:

No.

 

Ratio:

Even though it has been declared alienable and disposable, the property has not been withdrawn from public use or public service. Without this, prescription cannot begin to run because the property has not yet been converted into patrimonial property of the State. It remains outside the commerce of man and the respondent’s physical possession and occupation thereof do not produce any legal effect. In the eyes of the law, the respondent has never acquired legal possession of the property and her physical possession thereof, no matter how long, can never ripen into ownership.