Republic v. Mendoza Case Digest

G.R. No. 185091

August 08, 2010

• Primo and Maria Mendoza owned lots in Batangas. In 1962, they subdivided the lots as follows:
  • Lot 1 in favor of Dimayuga
  • Lot 2 in favor of the Medozaas
  • Lot 3 in favor of Ronquillo
  • Lot 4 in favor of the City Government of Lipa
    • This had no title.
• All of the subdivided portions were issued titles except for the City of Lipa.
• Subsequently, Pansingin Primary School was erected in the lot. It had then been tax-declared in the name of the city government.
• But the Mendozas said that even if the city government sought permission from them to use the land as a school site, they never relinquished their rights to it.
• The Medozas then filed an unlawful detainer case after it demanded the city government to vacate the property.
• Both the CA and RTC found for the Mendozas.

Issue:

WON the CA erred in holding that the Mendozas were entitled to evict the Republic from the subject property

Ruling:

Yes.

A decree of registration is conclusive upon all persons, including the Government of the Republic and all its branches, whether or not mentioned by name in the application for registration or its notice. Title to the land, once registered, is imprescriptible.

The fact that the property was tax-declared under the name of the government does not defeat the Mendozas’ title.

However, it was evident that the Mendozas intended to cede the property to the city government permanently.

The Court holds that where the owner agrees voluntarily to the taking of his property by the government for public use, he thereby waives his right to the institution of a formal expropriation proceeding covering such property.

The Mendoza’s remedy is an action for just compensation, not ejectment.