Title covering land classified as military reservation is void
DearPAO, Edgar is offering me his land, which is covered by a Torrens Title, in Isabel a province. I discovered, however, that there is a pending case initiated by the government in order torecover the property because the land is a military reservation. When It old Edgar about it, he said the land can no longer be recovered by the government, because a title was already issued in his name pursuant to a decision of the Land Registration Court( L RC) sometime in 2009. Is this correct? Myer Dear Myer, Edgar is not correct. The land can still be reverted to the govas alienable and disposable can be the subject of land registration. This is in accordance with Section 14 of Presidential Decree 1529 that states:
“The following persons may Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
(1) Those who by themselves or through their predecessorsin- interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.
3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided for by law.”
Thus, the Torrens Title issued in the name of Edgar covering a - tion is void, because the property cannot be registered. In the case of Republic of the Philippines vs. Bacas, et al. (G.R. No. 182913, November 20, 2013), the Supreme
“The success of the annulment of title does not solely depend on the existence of actual and extrinsic fraud, but also on the fact that a judgment decreeing registration is court declared that any title to an inalienable public land is void ab for annulment of judgment are - quired jurisdiction over the prop involving the property are null and void and, hence, did not create any without jurisdiction can never at made the following citation:
no jurisdiction over non-registrable (pieces of property), such as public navigable rivers, which are parts of the public domain, and cannot validly adjudge the registration of title in favor of private applicant. Hence, the judgment Pampanga as regarding Lot No. 2 in the name of petitioners may be attacked at any time, either directly or collaterally, by the State, which is not bound by any prescriptive period provided for by the Statute of Limitations.”
- sion to your situation, the proceedings undertaken by the Land Title in the name of Edgar are - diction to issue or grant the registration of lands that are land may still be recovered by the government.
- tion that this opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.