SECOND DIVISION
[G.R. No. 227887. June 10, 2019.](Formerly UDK 15666)
PROVINCIAL GOVERNMENT OF BOHOL, petitioner, vs.REPUBLIC OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 227887 (Formerly UDK 15666) — Provincial Government of Bohol versus Republic of the Philippines
After reviewing the Petition and its annexes, inclusive of the Court of Appeals-Cebu City (CA) Decision 1 dated July 30, 2015 and Resolution 2 dated July 20, 2016 in CA-G.R. CV No. 01765, as well as the Decision 3 dated October 30, 2006 issued by the Municipal Trial Court in Cities of Tagbilaran City, Branch 1 in Civil Case No. 3581, the Court resolves to DENY the Petition and AFFIRM the Decision of the CA.
Petitioner asserts that it had been in possession of the disputed property in the concept of an owner for more than thirty (30) years, and thus prays for the registration of said property in its name under Section 14 (2) of Presidential Decree No. (P.D.) 1529. 4 HTcADC
Section 14 (2) of P.D. 1529 authorizes registration in favor of persons who have acquired ownership of private lands by virtue of prescription pursuant to the provisions of existing law. While Section 14 (2) is silent as to the nature and period of possession required, it makes reference to the Civil Code — the statute governing acquisition of private lands through prescription. In turn, the Civil Code provides that ownership over real property may be acquired through public, peaceful and uninterrupted possession in the concept of an owner for a period of thirty (30) years. 5
Verily, absent more tangible proof of actual possession, the episodic, irregular and random payment of real property taxes on five (5) occasions from 1962 to 1999 does not serve as sufficient evidence of "public, peaceful and uninterrupted possession in the concept of an owner." Accordingly, the denial of petitioner's application for registration is proper. CAIHTE
SO ORDERED. (REYES, J., JR., J., on leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 34-40. Penned by Associate Justice Edward B. Contreras, with Associate Justices Edgardo L. Delos Santos and Renato C. Francisco concurring.
2.Id. at 53-54. Penned by Associate Justice Edward B. Contreras, with Associate Justices Edgardo L. Delos Santos and Geraldine C. Fiel-Macaraig concurring.
3.Id. at 28-31. Penned by Judge Sisinio C. Virtudazo.
4.Id. at 28, 35.
5. See CIVIL CODE, Arts. 1118 and 1137.