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Heirs of Mario Malabanan Vs. Republic of the Philippines [CONCURRING AND DISSENTING OPINION, J. CHICO-NAZARIO]

HEIRS OF MARIO MALABANAN, Petitioner, versus REPUBLIC OF THE PHILIPPINES, Respondent. [CONCURRING AND DISSENTING OPINION, J. CHICO-NAZARIO]

G.R. No. 179987 | 2009-04-29

CONCURRING AND DISSENTING OPINION

CHICO-NAZARIO, J.:

I concur in the majority opinion in dismissing the application for registration of a piece of land originally filed by the late Mario Malabanan (Malabanan), petitioners' predecessor-in-interest. The land subject of the instant Petition, being alienable and disposable land of the public domain, may not be acquired by prescription under the provisions of the Civil Code, nor registered pursuant to Section 14(2) of the Property Registration Decree. 

At the outset, it must be made clear that the Property Registration Decree governs registration of land under the Torrens system. It can only...