G.R. No. 210738 - Separate Opinion




G.R. No. 210738, August 14, 2019, ♦ Decision, Reyes, Jr., [J] ♦ Separate Opinion Opinion, Caguioa, [J] SECOND DIVISION [ G.R. No. 210738. August 14, 2019 ] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SPOUSES GUILLERMO ALONSO** AND INOCENCIA BRITANICO-ALONSO, RESPONDENTS. SEPARATE OPINION CAGUIOA, J.: On the basis of Republic v. T.A.N. Properties1 (T.A.N.), which requires the presentation of (i) a certificate of land classification status issued by the Community Environment and Natural Resources Office (CENRO) or Provincial Environment and Natural Resources Office (PENRO) of the Department of Environment and Natural Resources (DENR); and (ii) a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records,2 the ponencia holds that respondents failed to prove that the subject property was part of the alienable and disposable lands of the public domain. I concur with the ponencia that the present petition should be granted because respondents here failed to submit a CENRO or PENRO certification, i.e., the first requirement of T.A.N. For clarification, however, I submit, as I did in my Concurring and Dissenting Opinion in Dumo v. Republic of the Philippines3 (Dumo), that the second requirement established in T.A.N. has been rendered superfluous and unnecessary after the issuance of DENR Administrative Order No. (AO) 2012-9 on November 14, 2012, which delegated unto the CENRO, PENRO and the National Capital Region (NCR) Regional Executive Director (RED-NCR) the authority to issue not only certifications on land classification status, but also certified true copies of approved land classification (LC) maps4 with respect to lands falling within their respective jurisdictions. DENR AO 2012-9 pertinently provides: In view of the thrust of the government to [make] public service more accessible to the public, the authority to sign and/or issue the following documents is hereby delegated to the [CENROs], except in the National Capital Region (NCR) where the same shall be vested upon the [RED-NCR]: 1. Certification on land classification status regardless of area based on existing approved [LC maps]; and 2. Certified true copy of the approved [LC maps] used as basis in the issuance of the certification on the land classification status of a particular parcel of land. (Emphasis supplied.) Since the certification in question in T.A.N. was issued prior to DENR AO 2012-9, i.e., in 1997, the Court's decision therein was correctly premised upon the lack of authority on the part of CENRO to issue certified true copies of approved LC maps or to serve as repository for said copies. The same may be said of the CENRO certifications presented in Republic v. Lualhati5 (Lualhati) and Republic v. Nicolas,6 (Nicolas) which correctly applied T.A.N. Notably however, this lack of authority no longer holds true under the regime of DENR AO 2012-9. On this score, it is my view that pursuant to DENR AO 2012-9, certifications of land classification status issued by the CENRO, PENRO and the RED-NCR should be deemed sufficient for purposes of proving the alienable and disposable character of property subject of land registration proceedings, *provided only* that these certifications expressly bear references to: (i) the LC map; and (ii) the document through which the original classification had been effected, such as a Bureau of Forest Development Administrative Order7 (BFDAO) issued and signed by the DENR Secretary.8 To note, CENRO, PENRO or RED-NCR certificates do not fall within the class of public documents which, under Section 23, Rule 132,9 of the Rules of Court constitute prima facie evidence of their contents. Like private documents, the authenticity of these certificates and the veracity of their contents remain subject to proof in the manner set forth under Section 20, Rule 132: Section 20. Proof of private document. — Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either: (a) By anyone who saw the document executed or written; or (b) By evidence of the genuineness of the signature or handwriting of the maker. Any other private document need only be identified as that which it is claimed to be. Necessarily, the submission of a CENRO, PENRO or RED-NCR certificate as evidence of registrability entails the presentation of the testimony of the proper issuing officer before the trial court for the purpose of authentication and verification. This exercise renders the presentation of the original classification and LC map in addition to the CENRO, PENRO or RED-NCR certificate redundant, inasmuch as the matters to which the original classification and LC map pertain may already be threshed out during the direct and cross-examination of the CENRO, PENRO or RED-NCR officer concerned. Once the certification in question is authenticated and verified by the proper officer, I submit that the burden of proof to establish that the land subject of the proceeding is unregistrable then shifts, as it should, to the State.1âшphi1 I am of the belief that the observance of the proper authentication and verification procedures and the State's participation (through the Office of the Solicitor General [OSG]) in the trial process are sufficient safeguards against the grant of registration on the basis of falsified or inaccurate certifications.10 To allow the applicant to still carry the burden of proof to establish registrability despite presentation of duly authenticated and verified documents showing the same unduly tips the scale in favor of the State, and compromises the efficiency and accessibility of public service. It bears noting that under Executive Order No. 192,11 series of 1987 (EO 192), the DENR is mandated to exercise supervision and control over forest lands and alienable and disposable lands.12 To carry out this mandate, EO 192 vests the DENR Secretary with the power to "[e]stablish policies and standards for the efficient and effective operations of the [DENR] in accordance with the programs of the government;"13 [p]romulgate rules, regulations and other issuances necessary in carrying out the [DENR]'s mandate, objectives, policies, plans, programs and projects;14 and "[d]elegate authority for the performance of any administrative or substantive function to subordinate officials of the [DENR]."15 One such policy is DENR AO 2012-9. Contrary to the majority opinion in Dumo, I maintain that the simplification of the requirements set forth in T.A.N. neither sanctions the amendment of judicial precedent, nor does it place primacy on administrative issuances. This simplification merely aligns with the specific thrust of government underlying the issuance of DENR AO 2012-9, that is, to make public service more accessible to the public. It is but a recognition of the DENR Secretary's powers under EO 192 to promulgate rules, regulations and other issuances necessary in carrying out the DENR's mandate, objectives, policies, plans, programs and projects; and delegate authority for the performance of any administrative or substantive function to subordinate officials of the DENR, which issuances, in turn, carry the same force and effect of law.16 In this regard, I maintain that the scope and application of T.A.N should now be limited to CENRO certifications issued prior to the effectivity of DENR AO 2012-9. Footnotes 1 578 Phil. 441 (2008). 2 Id. at 452-453. 3 G.R. No. 218269, June 6, 2018, accessed at . 4 Under the Guidelines for the Assessment and Delineation of Boundaries Between Forestlands, National Parks and Agricultural Lands [DENR AO 2008-24, December 8, 2008, land classification maps are defined as those which show "the classification of lands of the public domain based on the land classification system undertaken by the then Department of Agriculture and Natural Resources, through the Bureau of Forestry, the Ministry of Natural Resources, through the Bureau of Forest Development, and the [DENR]." 5 757 Phil. 119 (2015). While the date of the CENRO certificate considered in Lualhati cannot be ascertained from the Court's decision, the fact that the same had been issued prior to the effectivity of DENR AO 2012-9 can be inferred from the date of the RTC and CA rulings assailed therein, that is, October 4, 2005 and March 31, 2008, respectively. 6 G.R. No. 181435, October 2,2017, 841 SCRA 328. While the date of the CENRO certificate considered in Nicolas cannot be ascertained from the Court's decision, the fact that the same had been issued prior to the effectivity of DENR AO 2012-9 can be inferred from the date of the RTC and CA rulings assailed therein, that is, July 31, 2002 and August 23, 2007, respectively. 7 BFDAOs declaring portions of the public forest as alienable and disposable are issued under the signature of the Secretary of Natural Resources upon the recommendation of the Director of the Bureau of Forest. 8 The BFDAO usually contains the following language: x x x Pursuant to Section 13 of PD 705, otherwise known as the Revised Forestry Code of the Philippines, as amended, I hereby declare an aggregate area of [x x x] hectares, more or less, as alienable or disposable for cropland and other purposes and place the same under the control and management of the Bureau of Lands, for disposition pursuant to the provisions the Public Land Act, located in [x x x], shown and described in BFD Map [x x x], which is attached hereto and forms and integral part of this Order x x x[.] 9 RULES OF COURT, Rule 132, Sec. 23 states: Section 23. Public documents as evidence. — Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts stated therein. All other public documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date of the latter. 10 In fact, in Victoria v. Republic, 666 Phil. 519 (2011), the Court ordered the OSG to directly undertake the verification and authentication of documentary evidence belatedly presented by the petitioner in the interest of justice. In Victoria, a certain Natividad Sta. Ana Victoria (Natividad) applied for the original registration of a 1,729-square meter lot in Bambang, Taguig City before the Metropolitan Trial Court (MeTC). The MeTC granted Natividad's application, prompting the Republic to file an appeal. When Natividad filed her Appellee's Brief, she attached thereto a Certification dated November 6, 2006 issued by the DENR certifying that the Bambang lot formed part of the alienable and disposable land of the public domain. The CA held that Natividad failed to prove that the Bambang lot was alienable and disposable, and thus, granted the Republic's appeal. The CA held that it could not take cognizance of the DENR Certification since Natividad failed to offer it in evidence during the hearing before the MeTC. Aggrieved, Natividad filed a petition for review before the Court. Resolving Natividad's petition, the Court observed that "the only reason the CA gave in reversing the decision of the MeTC is that [Natividad] failed to submit the [DENR Certification] x x x during the hearing x x x." Accordingly, the Court issued a resolution "requiring the OSG to verify from the DENR whether the Senior Forest Management Specialist of its National Capital Region, Office of the Regional Technical Director for Forest Management Services, who issued the [DENR Certification], is authorized to issue certifications on the status of public lands as alienable and disposable, and to submit a copy of the administrative order or proclamation that declares as alienable and disposable the area where the property involved in this case is located, if any there be." In compliance, the OSG submitted: (i) a certification confirming the Senior Forest Management Specialist's authority to issue said DENR Certification; and (ii) a certified true copy of Forestry Administrative Order 4-1141 dated January 3, 1968, signed by then Secretary of Agriculture and Natural Resources Arturo R. Tanco, Jr., which declared portions of the public domain covered by Bureau of Forestry Map LC-2623, as alienable and disposable. Considering that LC-2623 covered the Bambang lot, the Court granted the petition for review, and in turn, granted Natividad's application for registration. 11 Providing for the Reorganization of the Department of Environment, Energy and Natural Resources, Renaming It as the Department of Environment and Natural Resources, and For Other Purposes, dated June 10, 1987. 12 See id. at Sec. 5 (d). 13 See id. at Sec. 7 (b). 14 See id. at Sec. 7 (c). 15 See id. at Sec. 7 (e). 16 EO 192 was issued by then President Corazon Aquino pursuant to her law-making powers prior to the convention of Congress on July 27, 1987. See generally Philippine Association of Service Exporters, Inc. v. Torres, 296-A Phil. 427 (1993). The Lawphil Project - Arellano Law Foundation