Proof to show land is alienable and disposable (2)

Hence, the Court cannot consider the CENRO certification in ascertaining whether the subject lots have already been declared alienable and disposable. Even assuming that the CENRO certification may be given any probative value, Eduardo still failed to meet the second evidentiary requirement to support his application for original land registration, i.e., the submission of a certified true copy of an official act by the DENR Secretary or the appropriate approving authority classifying the subject lots as alienable and disposable.

“In Republic v. Pasig Rizal Co. Inc., the Court held that Section 7 of Republic Act No. 11573 applies retroactively to applications for land registration pending as of 1 September 2021, or the date when the law took effect. The Court thus explained in Pasig Rizal Co. the evidence that is required to prove that a parcel of land is alienable and disposable under Section 7 of Republic Act No. 11573, as follows:

“Hence, at present, the presentation of the approved survey plan bearing a certification signed by a duly designated DENR geodetic engineer stating that the land subject of the application for registration forms part of the alienable and disposable agricultural land of the public domain shall be sufficient proof of its classification as such, provided that the certification bears references to: (i) the relevant issuance (e.g., Forestry Administrative Order, DENR Administrative Order, Executive Order, or Proclamation); and (ii) the [Land Classification (LC)] Map number covering the subject land.

“In the absence of a copy of the relevant issuance classifying the subject land as alienable and disposable, the certification of the DENR geodetic engineer must state: (i) the LC map number; (ii) the project number; and (iii) the date of release indicated in the LC map; and (iv) the fact that the LC map forms part of the records of the National Mapping and Resource Information Authority (NAMRIA) and is therefore being used by DENR as such.

“In addition, the DENR geodetic engineer must be presented as a witness for proper authentication of the certification so presented. Like certifications issued by the CENROs, Regional Technical Directors, and other authorized officials of the DENR with respect to land classification status, certifications of similar import issued by DENR geodetic engineers do not fall within the class of public documents contemplated under Rule 132 of the Rules of Court. Accordingly, their authentication in accordance with said rule is necessary.”

The facts and redacted portion of the decision are from Republic of the Philippines v. Eduardo Manahan (G.R. No. 255266, 21 April 2025)