The Supreme Court has ruled that a public institution occupying private land without proper authority must vacate the property if the rightful owner has a stronger legal claim.
In a decision penned by Senior Associate Justice Marvic Leonen dated 21 April 2025, the Court’s Second Division ordered the Department of Education (DepEd) to vacate a 10,637-square-meter parcel of land in Cagayan and return it to its owner, Princess Joama Marcosa Caleda.
Records showed that Caleda acquired the property in 2014 through an extrajudicial settlement of estate with waiver of rights and sale executed by the heirs of the registered owner, Bueno Gallebo.
She later discovered that the land was being occupied by the Solana Fresh Water Fishery School, a DepEd-run institution.
Despite several demand letters, DepEd did not respond, prompting Caleda to file a case to recover possession of the property and remove structures built on it.
The department argued that the school had bought the property from Gallebo in 1965 and had occupied it since then. It also claimed that government agencies cannot be evicted from land already used for public purposes, invoking the state’s power of eminent domain.
The municipal trial court, regional trial court, and the Court of Appeals all ruled in favor of Caleda, recognizing her ownership of the land. DepEd elevated the case to the Supreme Court.
The high court upheld the lower courts, finding that Caleda had a valid title that correctly described the property, while the school’s deed of sale referred to a different lot. It ruled that the government may only acquire private property for public use through expropriation proceedings and payment of just compensation, which was not done in this case.
It also stressed that DepEd could not retain the property simply by offering to pay for it. The Court noted that Caleda asserted her rights promptly, preventing any presumption of waiver or implied consent to the school’s occupation.
