Republic vs CA 146 scra 15

FACTS: The Heirs of Domingo Baloy, (private respondents), applied for a registration of title for their land. Their claim
is based on their possessory information title acquired by Domingo Baloy through the Spanish Mortgage Law, coupled
with their continuous, adverse and public possession of the land in question.

The Director of Lands opposed the registration alleging that such land became public land through the operation of
Act 627 of the Philippine Commission. On Nov 26, 1902, pursuant to the executive order of the President of U.S., the
area was declared within the US Naval Reservation.

The CFI denied respondents' application for registration. CA, reversed the decision. Petitioners herein filed their
Motion for Reconsideration, said MR was denied, hence this petition for review on certiorari.

ISSUE: Whether or not private respondents' rights by virtue of their possessory information title was lost by
prescription.

RULING: No. A communication which contains an official statement of the position of the Republic of the Philippines
with regard to the status of the land in question recognizes the fact that Domingo Baloy and/or his heirs have been in
continuous possession of said land since 1894 as attested by an "Informacion Possessoria" Title, which was granted
by the Spanish Government.

Hence, the disputed property is private land and this possession was interrupted only by the occupation of
the land by the U.S. Navy in 1945. The heirs of the late Domingo P. Baloy, are now in actual possession, and
this has been so since the abandonment by the U.S. Navy.

The occupancy of the U.S. Navy was not in the concept of owner. It holds of the character of a commodatum.

 It cannot affect the title of Domingo Baloy.

 One's ownership of a thing may be lost by prescription by reason of another's possession if such possession
be under claim of ownership, not where the possession is only intended to be temporary, as in the case
of the U.S. Navy's occupation of the land concerned, in which case the owner is not divested of his title,
although it cannot be exercised in the meantime.

FACTS:
The heirs of Domingo Baloy, represented by Ricardo Baloy, filed an application for land registration with a possessory
title acquired under the provisions of the Spanish Mortgage Law. The Court of First Instance of Zambales, denied the
application thus it was interposed on appeal to the Court of Appeals. The appellate court, thru its Fifth Division
reversed the decision and approved the application for registration. The petitioners filed their Motion for
reconsideration and was denied.
A communication/letter which contains an official statement, recognizes the fact that Domingo Baloy and/or his heirs
have been in continuous possession of the said land since 1894, as attested by an “Informacion Possessoria” Title,
which was granted by the Spanish Government. And was interrupted only by the occupation of the land by the US
Navy in 1945.
ISSUES:
1. Whether or not there is a need for a court order for a private land to be deemed to have become public land.
2. Whether or not the private respondents’ rights by virtue of their possessory information title was lost by
prescription.
HELD:
The appealed decision is AFFIRMED.
RULING:
1. Under Sec 3 Act 827. Private land could be deemed to have become public land by virtue of a judicial
declaration after due process and hearing. Without a judgement or order declaring the land to be public,
its private character and the possessory information title over it must be respected.
2. During the interim of 57 years from November 26, 1902 to December 17, 1959 the possessory rights of Baloy or
his heirs were merely suspended and not lost by prescription. The occupancy of the US Navy was not in the
concept of owner. It partakes of the character of a commodatum. One’s ownership of a thing may be lost by
prescription by reason of another’s possession if such possession be under claim of ownership, not where the
possession is only intended to be transient, in which case the owner is not divested of his title, although it cannot
be exercised in the meantime.