Navy officers’ village association, inc. (NOVAI) vs.

Republic
August 8, 2017Light

G.R. no. 177168

Facts:

1. On 1965, a certain portion of land was declared for “AFP Officer’s Village” for disposal. A
month later, a part of the land was declared to be for the VFP as a site for rehabilitation,
etc.
2. On November 15, 1991, the property was the subject of a Deed of Sale between the
Republic of the Philippines, and petitioner NOVAI. The deed of sale was subsequently
registered and from which TCT No. T-15387 was issued in NOVAI’s name.
3. Republic wants the title cancelled on the ground that, among others, the land covered by
NOVAFs title is part of a military reservation

RTC: In favor of NOVAI, contending that the land is already A&D

CA: Reversed, inalienable land as the petitioner failed to prove the positive act of the
government

Issue: Whether or not the land is already A&D and hence, can be registered.

Held: No. It is settled that the land falls under those which are reserved for public use in CA
141. In a limited sense, parcels of land classified as reservations for public or quasi-public uses
under Section 9 (d) of C.A. No. 141 are still non-alienable and non-disposable,even though
they are, by the general classification under Section 6, alienable and disposable lands of the
public domain. By specific declaration under Section 88, in relation with Section 8 and Section
83, these lands classified as reservations are non-alienable and non-disposable.

From the perspective of the general Civil Code provisions on Property, lands which are intended
for public use or public service such as reservations for public or quasi-public uses are
property of the public dominion and remain to be so as long as they remain reserved.

Applying to the case at bar, Proclamation No. 478 was issued after Proclamation No. 461.
Hence, while Proclamation No. 461 withdrew a certain area or parcel of land from the
FBMR and made the covered area available for disposition in favor of the
AFPOVAI, Proclamation No. 478 subsequently withdrew the property from the total
disposable portion and reserved it for the use of the VRMTC.

Petition Denied.